Super Lawyer

Tag: Amity University

  • You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in the initial years of your career- Prateek Kumar, Co-Founder & Partner at Chambers of Jain & Kumar

    You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in the initial years of your career- Prateek Kumar, Co-Founder & Partner at Chambers of Jain & Kumar

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you please share the story of what initially drew you to pursue a career in law? Was there a particular moment or experience that ignited your interest in this field?

    To begin with, I had no one in my family who was a lawyer or who I could look up to for guidance in terms of a legal career. I’m a first generation lawyer who like most regular students was preparing for engineering at a point in time. It was only in class 12 when I realised that subjects such as Physics, and chemistry which were necessary for engineering were not my cup of tea. After finishing school, I just got an inkling towards Law so I started preparing for law entrance exams and happened to clear the entrance of IP University with a good rank so I decided to pursue B.A. LLB (H) from Amity Law School affiliated with IP University which was back then one of the top law colleges for pursuing law in India. And to this day, my passion in the field has grown every day striving to be the best in the field.

    Your academic background shows a diverse range of legal coursework, from Criminal Law to Intellectual Property Rights. What led you to explore such a broad spectrum of legal disciplines during your education?

    Throughout Law School, I had an inclination towards Intellectual Property Rights (IP). One of My internships during law school was at K&S Partners which is a boutique IP firm.

    My internship at K&S laid the foundation of my interest towards IP by understanding the importance of the protection of IP in today’s era. Thereafter, I mostly interned in the field of IP in firms such as Lall and Sethi, Sai Krishna & Associates and Indus Law wherein, I got the opportunity to learn from some of the stalwarts in the field of IP. The experience gained during law school in the field of IP helped me secure a job at Lall Lahiri Salhotra (LLS) in their trademarks team where I learnt about the intricacies of Trademarks Law. However, I soon figured that this could not be my only area of practice and that my exposure could not be limited to the Trademark Registry. That in turn made me realise that I also need to explore other areas of law and especially litigation. I always had the zeal of appearing and arguing in court but being a first generation lawyer there was always an apprehension in the back of my mind about succeeding in litigation without any backing in the field whatsoever. After working at LLS for a year, I came across an opportunity at the Chambers of Mr. Sanjeev Bhandari (Former Special Public Prosecutor for CBI in Delhi High Court). I felt this was the right opportunity that would help me expand my horizon in law. Thereafter I was interviewed and I secured a job at his Chambers.

    You’ve been actively involved in organizing legal awareness programs and events like the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Could you tell us how these experiences influenced your perspective on the legal profession?

    My college life at Amity Law School was very theoretical and not very vocational. Soon I realised that I would need to participate in other events as well to broaden my horizon and exposure in law. In the first year, I reluctantly participated in the mandatory moot court competition where I was selected as an extra candidate in case anyone in the first fifteen backed out.

    That competition made me realise the importance of extracurricular events in law students ‘ lives. Thereafter, I participated in the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Not only were the panellists some of the top names in the field of law but when I dwelled on the insights shared at such events, I realised that law is more than just the curriculum that we were studying. The objective of law is to take everyone’s interest into account without any bias to secure everyone’s rights. Later, in my practice, I keep that at the back of my mind while dealing with cases especially involving the marginal sections of society in mind.

    Transitioning from your educational journey to professional experience, you’ve represented clients in various legal domains, including criminal trials, insurance claims, and intellectual property disputes. What motivated you to choose this diverse range of legal work?

    My first job in the field was working as a contract consultant with Ernst and Young which was a direct college placement. It was a short stint that gave me a great insight into contract vetting and more importantly, that made me understand corporate culture which has been pivotal for me to deal with my clientele at Chambers of Jain and Kumar. Thereafter, at LLS working for MNCs, I understood the importance of right advisory, diligence and prosecution in the quest to protect their IP. Thereafter, at the same time, I also started feeling the need to broaden my horizon in law and not limit my scope to just Intellectual property rights so early in my career. Later working in the Chambers of Mr. Bhandari, provided me with a solid platform to learn about the complexities of white-collar crimes and banking laws from one of the best in the field. More importantly, I learnt the art of arguing in court and the importance of court craft while representing your Client’s brief.

    The three jobs provided me with diverse experience to start my practice by the name of Chambers of Jain and Kumar with my other two partners Ms. Aarushi Jain and Mr. Yojit Pareek. We started this practice to build a full service law firm that could cater to all areas and aspects of law. Luckily, all three of us had different areas of practice coming from diverse practice backgrounds. I spearhead the litigation team in the firm wherein I represent MNCs, Corporates and Individuals in all domains of law in foras across the country up until the Supreme Court. The USP of our firm is to provide one stop solutions for all legal needs under one roof.

    During your tenure at the Chambers of Mr. Sanjeev Bhandari, you were involved in complex litigations pertaining to a wide range of legal acts and codes. How did this experience shape your understanding of the intricacies of Indian law?

    I owe a lot of my understanding of law to Mr. Sanjeev Bhandari. While assisting Mr. Bhandari, I was the only junior in his chambers. His Chambers provided me with the ideal platform to assist him in representing the Central Bureau of Investigation before the Delhi High Court in some of the most high profile cases in the country. That not only made me understand the optimal usage of time while preparing for a brief but also gave me the golden opportunity to appear against some of the stalwarts in the field. Also, with Mr. Bhandari being one of the leading counsels for banking law in Delhi, I got an opportunity to assist him in complex litigations before DRTs, High Courts and the Supreme Court.

    You’ve also worked as an Associate in the Trademarks Team at Lall Lahiri & Salhotra, focusing on intellectual property rights. How has this experience impacted your perspective on the importance of protecting intellectual property in today’s world?

    At Chambers of Jain and Kumar, one of our primary areas of Practice is IPR. In my tenure at LLS, while working on some of the well-known brands, I soon realised brand counterfeiting in India is a real issue that needs to be addressed. Today consumers in India with rising awareness relate to the brand and the quality that it brings along. However, to ensure that brand identity remains in place, the importance of IP in India has increased manifold in the last decade. In a developing economy such as ours, no small brand can become big without proper IP protection in place and no big brand today can survive without a good legal team that would advise on their prosecution, diligence and litigation.

    In addition to your legal work, you’ve been engaged in pro bono activities, offering legal assistance to those in need. Could you share some insights into the motivation behind your pro bono work and its significance in your legal career?

    We at Chambers of Jain and Kumar have a policy to do at least 5 pro bono cases every year. This goal was instilled in my mind back in time during my tenure with Mr. Bhandari working on criminal matters. On the criminal side in the Delhi High Court, I got the opportunity to observe cases of undertrials wherein I used to think in my head that if this particular aspect was presented in a better way, the results could’ve been different and therefore, probably better legal representation could’ve helped that person to protect his fundamental rights. This made me certain that at later stages of my career wherever possible I would try and represent the marginal section of society because law after all cannot be limited to people who can afford top lawyers. This was also one of the reasons that I applied for the Middle income panel on the criminal side of the Delhi High Court in my endeavour to achieve the goal of representing people who do not have the means but require quality legal support.

    Finally, based on your journey from education to your current role, what advice would you like to offer to fresh law graduates who are just starting their careers in the legal field? What key lessons or principles have you learned that you believe would be valuable for them to know?

    To all the first generation lawyers, one piece of advice that I always give is that the journey is difficult but it’s not impossible. You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in in the initial years of your career. Litigation is not only limited to drafting and arguing in court but knowledge and awareness of law plays a pivotal role. With laws changing every day in the form of new legislation and judgements, one has to keep abreast of whatever is happening daily and for that one must keep reading as much as possible to increase awareness which in turn helps to provide holistic advice to your Clients to represent your case in the best possible manner.

    Get in touch with Prateek Kumar-

  • Legal fields can evolve rapidly, and being flexible in your approach allows you to incorporate new developments effectively-Mohit Batra, Associate Director- Legal &Compliance,VerSe Innovation(Josh& Dailyhunt)

    Legal fields can evolve rapidly, and being flexible in your approach allows you to incorporate new developments effectively-Mohit Batra, Associate Director- Legal &Compliance,VerSe Innovation(Josh& Dailyhunt)

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you please tell us about your journey and how you ended up pursuing a career in law?  What inspired you to choose this profession?  

    I come from a non-legal background. Following my completion of school, I enrolled  at Delhi University to pursue a degree in History (Hons) while simultaneously preparing for a  law entrance exam. Progressing further, I participated in several entrance exams and achieved  an impressive rank in the GGSIP university entrance exam. This accomplishment led me to  join Amity Law School (GGSIP University), conveniently located in my hometown of Delhi.  It took a few semesters to gain a comprehensive understanding of the field of law as a subject,  and I further expanded my knowledge through internships, gaining insight into its practical  applications.  

    During my time at law school, my areas of particular interest revolved around company law  and the realms of International Trade and Intellectual Property. This focus guided my  trajectory, leading me to specialize in corporate laws with a specific inclination towards the  intricacies of commercial contracts and advisory.  

    With over 14 years of experience in legal advisory, litigation, and compliance, could you  share some of the most significant challenges you have faced in your career and how you  overcame them? 

    I started my career as an In-house counsel with a Korean multinational corporation.  Being the first Indian employee in this role, I was entrusted with the responsibility of initiating  operations from the Korean MNC’s representative office and establishing a subsidiary within  India. This task presented challenges, yet it captivated my interest as I navigated through the  intricacies of elucidating legal obligations and confronting day-to-day hurdles associated with  the establishment of a wholly owned subsidiary in the Indian context. Beyond managing  routine responsibilities, I also collaborated with the headquarters to address legal inquiries  pertaining to significant contracts involving government public sector undertakings (PSUs) and  private enterprises in India. Throughout my professional journey, my primary area of expertise  and interest has revolved around General Corporate law as a practice. My predominant focus  lies in facilitating transactions, encompassing activities such as conducting thorough due  diligence, managing transactional documentation, providing advisory services, and extensively  engaging with a broad spectrum of corporate and commercial legal affairs for privately held  companies. 

    Navigating this journey as a recent law graduate came with its share of challenges, particularly  when faced with the task of addressing inquiries and managing responsibilities independently, without the luxury of guidance. Being the sole In-house counsel at the time, I had no support  to rely upon, and this situation added an extra layer of complexity to my role.  

    As a member of the Bar Council of Delhi, you have a strong command over commercial,  civil, criminal law, commercial disputes, and arbitration matters. How do you manage such  diverse areas of expertise, and what advice would you give to aspiring lawyers looking to  specialize in multiple legal fields? 

    As a practicing in House counsel has to wear multiple ‘Hats’. Maintaining  proficiency in diverse areas of law, especially within the domains of commercial, civil, criminal  law, commercial disputes, and arbitration matters, requires a strategic approach and a  commitment to continuous learning. Here’s how one might manage such a range of legal  expertise: 

    Foundational Knowledge: Start by building a strong foundation in each area of law. This  involves studying the fundamental principles, key statutes, and landmark cases that pertain to  each field. 

    Continuous Learning: The legal landscape is constantly evolving. Stay updated with changes  in laws, regulations, and judicial interpretations across all the fields you’re focusing on. This  might involve regularly attending legal seminars, workshops, webinars, and reading industry  publications.  

    Time Management: Juggling multiple fields requires effective time management. Allocate  specific time blocks for each area of expertise, ensuring that you’re dedicating sufficient time  to remain well-versed in each one. 

    Mentorship and Networking: Connect with seasoned professionals who specialize in each  field. Their guidance and insights can offer invaluable practical knowledge that complements  your theoretical understanding.  

    Technology and Research Tools: Leverage technology and legal research tools to efficiently  gather information across multiple fields. Online databases and legal research platforms can  help streamline your information gathering process.  

    Practical Experience: Practical experience is crucial. Engage in internships, clerkships, or  positions where you can gain hands-on exposure in each field. Practical insights often solidify  theoretical knowledge. 

    Adaptability: Be adaptable and open to change. Legal fields can evolve rapidly, and being  flexible in your approach allows you to incorporate new developments effectively.

    Remember that gaining expertise in multiple legal fields is an ongoing process. It requires  dedication, curiosity, and a willingness to embrace challenges as opportunities for growth.  

    In your current role as Associate Director Legal & Compliance – Chief Compliance Officer  & Product Legal at VerSe Innovation Private Limited, what are some of the most critical  compliance challenges you face in the digital media industry? How do you ensure compliance  with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)  Rules, 2021?  

    As the Associate Director Legal & Compliance – Chief Compliance Officer &  Product Legal at VerSe Innovation Private Limited, I face a number of critical compliance  challenges in the digital media industry. These include:  

    • Data privacy and security: The digital media industry is constantly generating and  collecting large amounts of user data. This data is often sensitive and must be protected  from unauthorized access, disclosure, or misuse.  

    • Intellectual property protection: The digital media industry is also a major creator  and user of intellectual property, such as copyrights, trademarks, and patents. It is  important to ensure that this intellectual property is properly protected from  infringement. 

    • Content moderation: The digital media industry faces a challenge in moderating the  content that is published on its platforms. This content can range from harmful or illegal  content to content that is simply offensive or controversial. It is important to strike a  balance between freedom of expression and the need to protect users from harm.  

    • Compliance with local laws and regulations: The digital media industry is subject to  a variety of local laws and regulations, which can vary from country to country. It is  important to stay up-to-date on these laws and regulations and to ensure that the  company is in compliance with them.  

    The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,  2021 (IT Rules 2021) are a set of regulations that govern the functioning of intermediaries and  digital media platforms in India. These rules impose a number of obligations on intermediaries  and digital media platforms, such as the removal of harmful content, the appointment of a  grievance officer, and the compliance with a code of ethics.  

    I ensure compliance with the IT Rules 2021 by:  

    • Establishing a robust compliance framework: This framework includes policies and  procedures for managing data privacy, intellectual property, content moderation, and  compliance with local laws and regulations.  

    • Providing training to employees: Employees are regularly trained on the company’s  compliance policies and procedures.  

    • Monitoring compliance: The company has a system for monitoring compliance with  the IT Rules 2021 and other relevant laws and regulations.  

    • Responding to complaints: The company has a system for responding to complaints  about the content that is published on its platforms. 

    I believe that these measures are effective in ensuring compliance with the IT Rules 2021 and  other relevant laws and regulations. However, the digital media industry is constantly evolving,  and it is important to be prepared for new challenges that may arise in the future.  

    You have provided legal advice for various strategic commercial projects and technology  deployments. Can you share a specific project that you found particularly challenging and how  you navigated the legal complexities involved?  

    One project that I found particularly challenging was the development of a new machine learning powered content moderation platform. The platform was designed to  automatically detect and remove harmful content from VerSe Innovation’s platforms. However,  there were a number of legal challenges that needed to be addressed in order to develop and  deploy the platform.  

    One challenge was the need to comply with the IT Rules 2021. These rules require  intermediaries and digital media platforms to remove harmful content, in accordance with the  verbiage in the IT Rules 2021. This meant that we had to carefully consider the different types  of content that could be considered harmful and develop a system for detecting and removing  this content as per the platform policies .  

    We also had to consider the potential impact of the platform on freedom of expression. The  platform would be able to remove content that was considered harmful, but it was important to  strike a balance between protecting users from harm and allowing for freedom of expression.  We navigated the legal complexities involved in this project by working closely with the  company’s moderation and engineering team. The platform has been successful in removing  harmful content from VerSe Innovation’s platforms and has helped to create a safer and more  inclusive online environment.  

    I learned a lot from this project about the challenges of developing and deploying new  technologies in the digital media industry. I also learned the importance of working closely  with tech team and content moderation experts to navigate the legal complexities involved in  these projects. 

    Throughout your career, you have been involved in drafting, reviewing, and negotiating  various agreements, including technology, gaming, banking, and real estate agreements. What  key aspects do you consider when reviewing and negotiating these agreements, and what are  some common pitfalls that people should be aware of?  

    During my professional journey, my involvement in drafting, reviewing, and  negotiating a range of agreements spanning technology, gaming, banking, and real estate has  highlighted several crucial aspects to consider, as well as common pitfalls to avoid; 

    (i) an  agreement must use clear, unambiguous language to define terms, obligations, and rights of the  parties involved; 

    (ii) the draft agreement clearly outlines the scope and purpose of the agreement.  This helps prevent misunderstandings regarding the parties’ intentions; 

    (iii) explicitly detail the  responsibilities and obligations of each party; 

    (iv) the draft should address intellectual property rights, licenses, and permissions thoroughly. determine who owns what, and how rights are  granted or licensed; 

    (v) clearly define payment terms, including amounts, frequency, and  methods of payment. Include provisions for late payments, interest, and penalties; 

    (vi) outline  the conditions under which the agreement can be terminated and the process for doing so.  Address any consequences of termination; 

    (vii) specify the mechanisms for resolving disputes,  whether through negotiation, mediation, arbitration, or litigation; 

    (viii) establish protocols for  handling confidential information and trade secrets, including restrictions on disclosure and  use; 

    (x) address liabilities, including limitations on liability, indemnification obligations, and  insurance requirements; 

    (xi) Account for unforeseen events that might impact the execution of  the agreement, such as natural disasters or unforeseen circumstances. 

    Common Pitfalls to Avoid:  

    Incomplete or Ambiguous Terms: Vague or incomplete clauses can lead to  misunderstandings and disputes down the line.  

    Ignoring Local Laws: Failing to consider applicable laws and regulations can result in non compliance and legal issues. 

    Unequal Bargaining Power: Negotiating parties with disparate power dynamics can lead to  unfair terms or misunderstandings.  

    Lack of Exit Strategy: Without clear exit provisions, parties might face challenges when  terminating an agreement prematurely. 

    Weak Dispute Resolution Mechanisms: Poorly defined dispute resolution processes can  prolong conflicts and escalate costs.  

    When reviewing and negotiating agreements, it’s essential to consult with the business team who  have specific the real intent of the deal or transaction. As a legal professional, I can help identify  potential issues, offer solutions, and ensure that the agreement aligns with the parties’ intentions  and relevant legal frameworks. 

    You have also advised on fundraisers and conducted due diligence on M&A activities. What  are the essential factors to consider during due diligence, particularly in terms of data privacy,  anti-corruption, and product compliance?  

    A legal due diligence report is a comprehensive review of a target company’s legal  compliance status. It typically includes a review of the company’s corporate compliance,  contracts, licenses, employees, properties, intellectual property, and litigation. The report is  used to identify any potential legal risks associated with the company and to help the investor 

    negotiate the transaction documents. The outcome of the due diligence process can have a  significant impact on the negotiations of the transaction documents. The report should highlight  any risks that the investor may face and propose solutions or mitigation strategies. It is also  important to complete the due diligence process in a timely manner so that the definitive  agreements can be negotiated and executed.  

    The essential factors to consider during due diligence, particularly in terms of data privacy,  anti-corruption, and product compliance, include:  

    • Data privacy: This includes the collection, use, and storage of personal data. You need  to ensure that the company complies with all applicable data privacy laws and  regulations.  

    • Anti-corruption: This includes the prevention of bribery and other corrupt practices.  You need to ensure that the company has in place adequate anti-corruption controls,  such as a code of conduct and a whistleblowing policy.  

    • Product compliance: This includes ensuring that the company’s products comply with  all applicable laws and regulations. This can be a complex area, as there are many  different laws and regulations that may apply, depending on the product, market and  the user base.  

    As a seasoned professional, what advice would you give to fresh graduates who are  entering the legal field? Are there any skills or areas of specialization that you would  recommend focusing on for a successful legal career? 

    Fresh law graduates should focus on developing a deep understanding of their  practice area and the laws relating to it. This is important because it will give them a strong  foundation for their career. It is also important to be patient and willing to learn. There is no  one right way to practice law, and it takes time to find your own style. Don’t be afraid to explore  different areas of law, but be prepared to put in the hard work to succeed. It is also important  to never get discouraged. The legal profession is a demanding one, but it is also very rewarding.  There is always room for improvement, so keep learning and growing. Some key qualities or  skills that are important for fresh law graduates include: 

    • Discipline: Being able to manage your time and stay focused on your work.  

    • Willingness to learn: Being open to new ideas and feedback.  

    • Updating yourself every day: Keeping up with the latest legal developments.  

           • Hard work and street-smart work: Being willing to put in the effort to succeed.  

    • Being a team player: Being able to work effectively with others.  

    • Time management: Being able to manage your time effectively.

    Get in touch with Mohit Batra-

  • With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases- Kanika Bhardwaj, Founder of Kanika Bhardwaj Law firm

    With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases- Kanika Bhardwaj, Founder of Kanika Bhardwaj Law firm

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how you ended up becoming a lawyer? What drew you to the field of law and motivated you to establish Kanika Bhardwaj Law Firm?

    My journey till date has been full of ups and downs. There were several issues from time to time. Being a first generation lawyer, I have started from scratch. There was a lack of resources, there was no office ( I used to keep my files in my car and used to meet clients at canteen or CCD.) But I must say consistency is the key and then obviously one must be passionate and love what they do. If you are not passionate about this profession, I can bet you will eventually quit. So step in this profession only if you are passionate about it. 

    I always wanted to be a lawyer. So this was fixed.  It is not the case of mine where I landed up in court with the flow. I knew this place was for me and I must get in. 

    Moreover the idea of establishing a Law Firm was there in my mind since 5th year of mine because to be honest, I did almost 12-15 internships during my college days. I knew everything in and out about the courts and I understood that litigation can only be successful if you have clients on table. If there are no clients, no cases, no matter how good you are, your practice will be considered as “FAIL”. So I started moving towards my goal of establishing a law firm and bringing clients to the table since the day one I got my Certificate of practice. 

    Kanika Bhardwaj Law Firm has been providing legal services in both litigation and the corporate sector. Could you elaborate on the types of cases, matters, disputes, and legal compliance that your firm handles on behalf of clients?

    We are dealing in hard core litigation in criminal, civil, family (matrimonial) cases. 

    We also handle matters in the High court & Supreme court of India which includes appeals, writs, SLP’s, Statutory appeals, Transfer petitions etc.

    Plus we are on panel of companies and start-ups (national & international) and handling their legal department which includes contract/ agreement drafting, legal support in meetings, all sort of legal documentation, handling employer-employee issues, arbitration support, Data protection support and alongwith this we also as “Out-House Counsel” for  these companies who choose us to be on their panel or get associated with us.

    How do you develop innovative legal strategies for your clients to ensure they are always a step ahead in each case, matter, or dispute? Can you provide an example of a successful strategy you implemented?

    Every case is different just like every body and mind is different. So legal strategy always depends upon the facts of a case and also depends upon what relief does a client want. When you are in defense, you have to find loopholes in law and process, when you are for complainant or petitioner you have to make sure that a single loophole is not left. So the strategy keeps changing depending upon case to case. 

    Moreover I make sure that my clients update me with each and every information and detail of the case so that I can make a winning strategy. At times the clients also give incomplete facts or they hide some crucial part of the facts. So the first thing I do is to make the client comfortable and take out every detail of the story that I need to know for the trial.

    Second thing I usually do is to know about the opponents. It’s a saying that you win half of the battle if you know your opponent. 

    Then I come on the laws and procedures and then finally I support my case with judgements/ precedents. 

    I also make sure to go through the facts of the case again and again for the pleadings and trial. Also I focus very much on the drafting part. Drafting is very important. I have seen some lawyers randomly draft a case through a stereotyped draft. This is wrong practice. 

    Drafting should be done carefully as the draft of the case is the foundation of the entire case. Whatever you have drafted, you cannot contradict or change the same till the Supreme Court of India. So draft carefully and take proper time in the drafting part. 

    So this is how I go but again there are several stages in between which again depends upon the facts of a case and relief that client wants. 

    To make sure that my client is one step ahead, I always keep advising my client from time to time what steps he has to take, what all evidence he has to arrange, what things he should do and shouldn’t do during the trial. At cross-examination, I make sure my client reads every detail of the file and I tell him how to answer while he is being examined. I stay connected with the client and keep him one step ahead.

    Your firm strives for legal excellence while appreciating the commercial environment in which your clients operate. How do you strike a balance between personal approach and high professional standards in delivering comprehensive legal services to your clients?

    I believe that a lawyer should not develop any personal sort of relationship with the clients. It should always be professional which makes it easier for a lawyer to work and clients also respect the same. If one develops a personal bond with the clients, the client will not take the lawyer and his instructions seriously after one point of time. A client should always have a professional picture of a lawyer in his mind. Personal approach should only be limited to an extent if a client wishes to express his emotional side in regard to his case or general/ basic information about any relevant issue.

    Could you share some insights into the team at Kanika Bhardwaj Law Firm? How does the management and operations function within the firm, and what role do you as a founder of the firm play in the decision-making?

    So we have 3 juniors as of now, one office boy, one clerk and 5-6 interns which keeps changing. Whenever we get a fresh case, the juniors do the drafting, share it with me, I finalize the draft. Meanwhile the juniors do the research work, find relevant judgments on the same. Clerk is responsible for all the fillings in the court, getting the orders, keeping a record of cases and maintaining the files and other clerical work.

    We do have a team for legal drafting too. But the final draft of the case or any legal document is always finalized by me personally. 

    Kanika Bhardwaj Law Firm handles a wide range of practice areas, including civil litigation, labor law, arbitration, corporate law, intellectual property rights, and more. How does your firm ensure expertise in such diverse areas, and what is your approach to handling different types of cases?

    With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases. 

    The stages in all these cases are almost the same. Every Act follows the process of CPC or CrPC. And one should also thoroughly know the Evidence Act.  The exception if any and the way of challenge, appeal of an order, the jurisdiction etc. is given in the Act itself. So if you read, everything is there in the Act itself. One just has to follow it. It is not rocket science. 

    According to me a lawyer should know everything, learn everything and do everything until he comes to a level where he can earn in Lacs for 1 hearing.

    I always aimed to provide services in diverse areas, I never wanted to restrict myself in a particular field. A lawyer should have knowledge of everything. 

    Also the expertise comes from experience. The more and different cases you will do, the more experience and expertise you will have. It is a simple funda. 

    Plus, it is very important to have the right kind of networking with seniors and other important people. At times there can be a situation where you are stuck, so one must have the right connections who can help you out in such situations. We make sure that we have the resources, networking, knowledge, expertise and skills to manage different cases. But all this is not built in a day. It cannot happen in a few days or months. It took 10 years to come this far and maybe it will take a few more years to reach a certain level where I have always dreamt of.

    In addition to handling cases in various courts and tribunals, your firm also offers retainership and contract-based legal services. Could you explain how these arrangements work and how your firm maintains effective communication and updates with clients?

    The empanelment of law firms or lawyers in government and private companies is common. We act as an “out house counsel” for several companies (both nationally and internationally) and handle their internal and external legal matters and drafting of their documents e.g. contracts, agreements, NDA’s, Legal notices, arbitration support plus we handle their litigation in court. We also provide the companies and start-ups legal advice they need from time to time. 

    For all internal issues, drafting of legal documents, legal consultation, IPR and data protection related issues we charge a monthly retainership amount depending upon the work burden of a company or start-up. And in case there is any litigation, we charge extra for court cases and the fees are pre-decided. So this is how it goes. 

    Initially the issue or drafting comes to juniors, they give me a basic draft, and then I finalize it.  The court hearings are attended by me personally. 

    All the communication is via mail and virtually via zoom or google meet. If required our office is always open on working days and working hours for in-person meetings. 

    The legal landscape is constantly evolving. How do you stay updated with local and international legal developments that may affect the interests of your clients? How does your firm adapt its strategies to incorporate these changes?

    We all stay updated with the latest judgements and rules.  Nowadays several websites online keep us updated on latest judgements, rules and amendments. Several webinars are being arranged. In fact, lawsikho is one such website that helps us stay updated. 

    For judgments we have SCC and Manupatra access plus we have access to several other newsletters.

    The scenario has now changed a lot. With the digitalization in the legal profession, it is very easy now to stay updated with national and international laws. 

    Also we keep ourselves updated from international bar associations and their pages plus we are also connected to lawyers and researchers who are working in relevant fields internationally if we want to know any specific law/ rules or guidelines. 

    As a successful lawyer and founder of Kanika Bhardwaj Law Firm, what advice would you give to fresh law graduates who are starting their careers in the legal field?

    Today I have seen the law students and fresh law graduates directly in order to maybe show- off or for whatever reason directly start their internship or practice from supreme court or high profile law firms which is a major mistake. I can bet you will not understand a word there and you will end up wasting your time. 

    The right way is to start from ground level. Start from district court. Learn Trial; learn basic things e.g. filling of a case, filing of summons, learn the art of cross- examination, the stages in civil or criminal case. Once you have mastered this, and then go to the High court/ Supreme Court. Then you will be able to understand the process and arguments in upper courts. 

    If you start from High court or Supreme Court directly, you will not know how to conduct a proper trial or you won’t be able to handle a case individually. 

    So start from the scratch, there is no short-cut. 

    Get in touch with Kanika Bhardwaj-

  • In conversation with Mira Banga, a Corporate Lawyer and the Founder of Lawssistance, an online legal service provider

    In conversation with Mira Banga, a Corporate Lawyer and the Founder of Lawssistance, an online legal service provider

    This interview has been published by Sonali Parashar, Ojuswi Sahay and the SuperLawyer Team

    How did you decide upon choosing law as a career? What adjective would describe your professional journey up until now?

    I was always into public speaking and passage writing in my early school days. I used to score well in subjects like English and computer science in high school. It was my father who pushed me to choose law as a career as he felt I had the knack in me to eventually turn my skills into a profession and become a good lawyer. He always taught me that communication as a skill set is very rare and people spend years polishing it. As per him, I was born with it as he would see me argue and fight by giving logic to my friends or family during any discussion. 

    The adjective which would define my law journey up till now would be ‘Progressive’. My learnings, practice and thinking have been nothing but progressive all these years. I have managed to start my own office only in the 6th year of my practice and I managed to get clients and people to trust me and to go forward with the engagements only through the additional skill sets which I hone on a daily basis. I practice and read about not only law or legal developments but I also continuously work on how I can become a better communicator, a better writer or a better listener. 

    How challenging was establishing yourself first, as an independent practitioner, and then, establishing your own firm- Lawssistance?

    It was very difficult for me to make a decision to start my own practice or to leave my job at that time in 2020. The pandemic had just struck and it was pretty unpredictable as to how the legal ecosystem will be impacted in terms of work and payments. At that time, I was very comfortable working under a boss and doing what I was told but I used to notice that there were clashes when it came to choosing the right method of doing or steering a transaction. I used to face a lot of backlash for having different views and ways of taking up a certain assignment. I used to share these things with my family and they used to ask me to either learn a new way of taking up things or doing the assignments or find a way to do things the way I would want to, as I felt very strongly about what I wanted to do about the work I was given. I slowly started to feel that I must start my own office and practice so that I can further sharpen my skills and my macro-view towards transactions. I could realise that maybe I should try my hand at doing transactions independently and start my own practice. This was my 10-year plan and I eventually wanted to open my own independent law office wherein I would assist clients as per the expertise and skills which I would have gained over the years. This misalignment at work led to the birth of ‘Lawssistance’ in November 2020. 

    In terms of challenges, initially, I did not have an office space and I worked out of my living room because I was still exploring how I would start the practice, how certain policies would be required to be built, and how I would have guidelines for work etc. It was tedious as I was scared and thrilled at the same time. I worked on making a strong LinkedIn page, an Instagram page and a google pin for my office. This way people would recognise me, my office as well as my expertise. I kept posting and continuously adding information on my pages so that I could build a presence. It was a lot of work as I was doing it single-handedly while looking for clients to start working with.

    I will give to my father, who believed in me, guided me through this and supported me through every hurdle on the way. I clearly remember my first client call which I took sitting next to him wondering what to say and how to convince him to trust me with their work or transactions. My father would give me constructive criticism and help me grow into a better communicator and a better lawyer as a whole. I was not a known name in the market or the daughter of a  famous lawyer who would easily get people to trust me. I used to feel like I was being auditioned when the clients would ask me about my team or my office or how much I can handle in terms of the scope of work requested by them. Slowly and gradually I started to become more confident when it came to negotiating commercials with my clients and the rest is just history. We are now turning 2 years in November 2022 and we have built a strong presence in the market as well as in the start-up ecosystem. 

    You know how they say ‘Rome was not built in a day’! I am still working hard and will continue to, until I build my Rome or something even better. 

    Was pursuing Business law always in line with your vision? Tell us about your experience at NLSIU, Bengaluru during your LLM in Business Laws degree?

    You will be surprised to learn that I want to still study more and pursue a philosopher’s degree in law. I have had an interest in books, reading, learning, writing and understanding various concepts and digging deeper into the history of each phenomenon. I certainly enjoy reading and learning about the law. After finishing my Bachelor in Law I wanted to study more and wanted to do a course in LLM from the same college. I then found out that if one has an interest in corporate laws then the same can be studied and explored by pursuing the course, Masters in Business Laws. I tried to find colleges online and applied at various universities and then one day I received an intimation from the NLSIU Bangalore that I could join the course on a distance learning basis as I had already started working with a law firm. 

    Your firm Lawssistance deals with an array of contract management services amongst others. How relevant do you believe this domain of legal service is in the present time and space?

    Every business owner needs to understand the importance of a legal contract. It is pertinent for a growing business to enter into legally binding engagements or partnerships as it can lead to a more consistent and reliable manner of relationship building when it comes to growing at a larger scale as a business. When parties enter into a legal contract they are prepared and sure about what they have to deliver and what would be the repercussions if they breach the obligations stated in a written contract. Without a contract, it becomes very difficult for an entity to control how the other party performs and whether they stick to the terms they have discussed orally. It becomes important after a certain point to always have things written in a legally binding manner and vetted by a lawyer, to protect the interests of each party who is involved. Businesses grow better when there are legally binding contracts signed on the way with each partner or every entity which is playing a crucial role in building a business be it an employee, a co-founder, a manufacturer, a supplier, a distributor or the like. 

    Your firm specialises in dealing with Sports Contracts as well. We would love for you to share with us a few nuances of this domain.

    Yes, we specialise in sports and media contracts as well. It essentially includes agreements like Sponsorship Agreements, Endorsement Agreements, letters of Intent, Artist Agreement etc. These contracts are executed between brands and artists who are obligated to perform as per the terms of the contract. The performance duration and the payment milestones are the two crucial points of negotiation between the parties. I have been doing sports and media contracts for 7 years now and have had a great hold on the drafts in these years. 

    We are seeing that a lot of law students are heading towards Media and Entertainment Law practices recently. What should they be expecting to deal with upon entering this domain?

    As you enter this domain, one needs to understand that they will deal with clients like production houses, producers or artist management companies. Such entities need work to be done fast and sometimes on the same day. The drafts and basic structures of such agreements should be ready and one should be prepared to work at odd hours sometimes because as a practice, the producers, production houses or even artists, all have meetings late in the night after their shoot(s) and mostly require legal assistance in the second half of the day. One should stay prepared and active when it comes to delivering the contracts timely or even on short notice. 

    Tell us about your experience in dealing with clients for wills and succession services? How different is this line of practice from the others for you?

    Due to the pandemic, we have had more clients who have requested will drafting or succession management services, in this domain, one needs to be cautious while drafting the wills. The will must clearly specify the succession decision conveyed by the client and the executant and the beneficiary should be clearly mentioned. We recommend our clients have their wills registered so that there is no issue in executing the instructions stated in the will after their death. It is a very different area of practice as we connect to the client in terms of their savings and hard-earned money distributed amongst their family members. We provide will drafting services for both Hindus and Muslims as per the Indian Succession Act. I started my office solely for the purpose of providing will drafting services, then I gradually included other domains and started to provide all sorts of corporate legal services. 

    Lastly, as a woman in law, what would your advice be for the upcoming female legal practitioners and professionals?

    I treat myself as a lawyer and see all men and women as my colleagues. Just as being a man in law makes no difference to the nature of work, amount of effort or hard work one has to put in their work as a lawyer, similarly being a woman in law is no different. Our country has this practice of bifurcating between entrepreneurs as women entrepreneurs or a lady in business or woman lawyers. One needs to understand that a lawyer is a person who knows the law and practices the law in our country, be it a man or a woman. To all the ladies who are in a similar line of business to mine, please continue to work hard, read a lot, practice communication skills and be confident. I have had the privilege of working with many male entrepreneurs who approach me with full confidence despite me being a woman in law. We are past this classification and we are beyond this categorisation of women and men in any professional service. 

    Get in touch with Mira Banga –