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  • Dr. Shrikant Hathi delves into the unique perspectives gained through his dual qualification as an Advocate in India and a practicing solicitor in England and Wales – Dr. Shrikant Hathi’s as Managing & Practicing Partner at Brus Chambers

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Dr. Shrikant Hathi, it’s an honor to have you for this interview. Could you share some insights into your remarkable journey from being admitted to the Bar Council of Maharashtra & Goa to your current role as the Managing and Practicing Partner at Brus Chambers, Advocates & Solicitors, and the recognition you’ve received from prestigious legal entities?

    Certainly, it’s my pleasure to share insights into my legal journey. My legal odyssey began with my admission to the Bar Council of Maharashtra & Goa as an Advocate in India then completing my master’s in law and my doctorate. This was followed by acquiring the qualification of Solicitor from India through the Bombay Incorporated Law Society. Subsequently, I expanded my horizons by successfully completing the solicitor’s examination through the Oxford Institute of Legal Practice (OXILP) (Oxford University and Oxford Brookes University), enabling me to be enrolled with the Solicitors Regulation Authority (SRA), United Kingdom, as a practicing solicitor. This dual qualification, coupled with my admission as an Advocate on Record with the Supreme Court of India, has provided me with a unique perspective on legal matters across India and the United Kingdom.  Mr. Charles J E Grundy played a pivotal role in shaping my career as a shipping professional. As the Managing Partner at Little & Co, Solicitors, he served as my mentor, imparting invaluable knowledge and expertise. I owe a significant part of my understanding of shipping to his guidance and leadership during that time.

    My journey to becoming the Managing and Practicing Partner at Brus Chambers, Advocates & Solicitors, has been shaped by a blend of unwavering dedication, continuous learning, and a passion for legal excellence. Over the years, I have honed my expertise in shipping, projects, and dispute resolution, particularly in ship arrest matters. This expertise has been recognized by esteemed legal entities, including Legal 500, which has consistently ranked me as a Leading Individual for shipping work in India since 2005. I am also part of the Legal 500 Hall of Fame for my contributions to shipping law

    Throughout my career, I have strived to provide exceptional legal counsel to my clients, consistently exceeding their expectations. My commitment to integrity, professionalism, and client-centricity has been instrumental in building my reputation as a respected legal practitioner.

    Here are some key highlights of my journey:

    Admitted to the Bar Council of Maharashtra & Goa as an Advocate in India

    Acquired the qualification of Solicitor from India through the Bombay Incorporated Law Society

    Successfully completed the solicitor’s examination through the Oxford Institute of Legal Practice (OXILP) (Oxford University and Oxford Brookes University)

    Enrolled with the Solicitors Regulation Authority (SRA), United Kingdom, as a practising solicitor

    Admitted as an Advocate on Record with the Supreme Court of India

    Managing and Practicing Partner at Brus Chambers, Advocates & Solicitors

    Consistently ranked as a Leading Individual for shipping work in India by Legal 500 since 2005

    Inducted into the Legal 500 Hall of Fame for contributions to shipping law

    I am grateful for the opportunities and recognition I have received throughout my career. My journey continues, and I remain committed to providing the highest quality legal services to my clients while also contributing to the advancement of the legal profession.

    Your expertise spans shipping, commercial arbitration, infrastructure projects, and more. How has your dual qualification and experience as an Advocate in India and a practising solicitor in England and Wales shaped your approach to handling diverse legal matters?

    My dual qualification and experience as an Advocate and solicitor in India and a practising solicitor in England and Wales have been instrumental in shaping my approach to handling diverse legal matters. This unique blend of legal expertise has provided me with a comprehensive understanding of both Indian and English legal systems, enabling me to navigate the complexities of cross-border transactions and disputes effectively.

    Broader Legal Perspective:

    Dual qualification has equipped me with a broader legal perspective, allowing me to identify potential legal issues early on and advise clients on the most strategic approach to minimize risks and maximize their interests. This in-depth understanding of both Indian and English legal systems allows me to provide seamless legal advice to clients operating in a globalized marketplace.

    In-depth Knowledge of Multiple Legal Areas:

    My expertise in shipping, commercial arbitration, and infrastructure projects stems from my diverse legal practice in both India and England. This specialized legal knowledge enables me to provide tailored advice to clients operating in these sectors, ensuring that their specific legal needs are met effectively.

    Cultural Sensitivity and Global Understanding:

    Dual qualification and experience have instilled in me a deep appreciation for cultural sensitivities and global perspectives. This understanding is crucial when handling cross-border legal matters, as it allows me to build trust with clients from different backgrounds and communicate effectively with international legal teams.

    Ability to Adapt to Different Legal Systems:

    My experience in both Indian and English legal systems has honed my ability to adapt to different legal frameworks and procedures. This adaptability is essential for handling cross-border transactions and disputes, where legal requirements and practices can vary significantly.

    Network of Contacts and Relationships:

    Dual qualification has enabled me to build a strong network of contacts and relationships with lawyers, arbitrators, and industry experts in both India and England. This network provides me with valuable insights into the legal landscape and facilitates collaboration on cross-border matters.

    In essence, my dual qualifications and experience have provided me with a unique toolkit to handle diverse legal matters effectively. I am able to navigate complex legal landscapes, provide specialized advice, and build strong relationships with clients and legal professionals across borders. This combination of expertise and global perspective allows me to deliver exceptional legal services to clients operating in an interconnected world.

    Your career spans across India and the United Kingdom, with impressive credentials in both jurisdictions. How do you balance the legal landscapes of these two countries, and what unique perspectives do you bring to your role as Managing & Practicing Partner at Brus Chambers?

    Balancing the legal landscapes of India and the UK:

    Having practiced law in both India and the UK has enriched my professional journey and equipped me with a unique perspective. Balancing the legal landscapes of these two diverse countries requires an adaptable and nuanced approach. Here’s how I navigate this:

    1. Maintaining a deep understanding of both legal systems:

    I continuously update my knowledge of legal developments in both jurisdictions through ongoing research, engagement with legal professionals, and participation in relevant conferences and seminars.

    I actively cultivate relationships with legal experts in both countries to access local insights and ensure my advice is tailored to the specific legal landscape.

    2. Identifying common grounds and leveraging comparative law:

    While the legal systems of India and the UK differ significantly, there are often common threads and underlying principles. I strive to identify these commonalities to devise legal strategies applicable across both jurisdictions.

    My familiarity with both legal systems allows me to leverage comparative law, drawing on relevant precedents and legal principles from one jurisdiction to inform my approach in the other.

    3. Building cross-cultural understanding and communication:

    Effective legal representation necessitates understanding not only the legal system but also the cultural nuances of each country. I actively engage with both Indian and UK legal communities to stay attuned to cultural differences and ensure culturally sensitive communication with clients and colleagues.

    My ability to navigate both cultures facilitates seamless collaboration with teams and clients across both jurisdictions, fostering trust and effective communication.

    Unique perspectives brought to Brus Chambers:

    This combined legal expertise allows me to offer clients a unique set of advantages:

    1. Strategic guidance across jurisdictions:

    I can advise clients on legal matters spanning multiple countries, providing a holistic and integrated perspective.

    I can identify potential legal challenges and opportunities across different legal systems, enabling proactive risk management and strategic decision-making.

    2. Cross-cultural expertise:

    My understanding of both Indian and UK cultures allows me to build strong relationships with clients and stakeholders from diverse backgrounds.

    I can effectively navigate cultural differences in communication and collaboration, ensuring a smooth and successful legal process.

    3. Global legal network:

    My experience and connections in both countries have allowed me to develop a strong network of legal professionals across the globe.

    This network enables me to access resources, expertise, and support beyond the boundaries of India and the UK, further enhancing the value I can provide to clients.

    In summary, my experience in both India and the UK has equipped me with a unique blend of legal expertise and cultural understanding. This allows me to navigate the complexities of international legal matters and provide clients with strategic guidance, effective representation, and a global perspective, all hallmarks of my role as Managing & Practicing Partner at Brus Chambers.

    You are a co-author of the book ‘Ship Arrest in India and Admiralty Laws of India.’ What motivated you to contribute to the literature, and how do you believe such resources benefit both legal professionals and the broader community?

    My motivation stemmed from two key factors:

    1. Filling a critical knowledge gap: Admiralty law, particularly as it applies to ship arrests in India, is a complex and evolving field. Existing resources were limited and often scattered, making it difficult for legal professionals and academics to access comprehensive and up-to-date information. I saw a need for a comprehensive and authoritative work that would distil the complexities of the law and provide clear guidance on the practical aspects of ship arrest procedures.

    2. Promoting informed practice: The consequences of ship arrests can be significant, impacting both maritime businesses and the broader economy. By contributing to this book, I aimed to empower legal professionals with the knowledge and tools they need to handle ship arrest cases effectively and responsibly. This, in turn, would contribute to a more efficient and predictable legal framework for the maritime industry.

    How do you believe resources like “Ship Arrest in India and Admiralty Laws of India” benefit both legal professionals and the broader community?

    I believe this book offers several key benefits for both legal professionals and the broader community:

    For legal professionals:

    Comprehensive and authoritative reference: The book provides a detailed analysis of the relevant legal framework, including the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and applicable international conventions.

    Practical guidance: The book offers practical guidance on various aspects of ship arrest procedures, including drafting applications, handling objections, and navigating court processes.

    Case studies and precedents: The book includes real-world case studies and precedents, providing valuable insights into how the law is applied in practice.

    For the broader community:

    Improved understanding of maritime law: The book helps to demystify the complex legal framework surrounding ship arrests, increasing transparency and accountability within the maritime sector.

    Enhanced predictability and efficiency: By providing clear guidance on legal procedures, the book can contribute to a more predictable and efficient legal environment for maritime businesses, facilitating smoother operations and reducing costs

    Promoting fairness and justice: By ensuring that legal procedures are followed correctly, the book helps to uphold fairness and justice within the maritime industry, protecting the rights of all stakeholders.

    Overall, I believe that “Ship Arrest in India and Admiralty Laws of India” is a valuable resource that can play a significant role in strengthening the legal framework for the maritime industry in India and beyond. I am proud to have contributed to this important work and hope that it will continue to benefit legal professionals and the broader community for years to come.

    My book Shop Arrest in India is available on the internet you can download the book at free of cost. Very soon my book will be integrated with artificial intelligence and will continue to remain free for all.

    Your career includes significant recognition, such as being listed in the Legal 500 “Hall of Fame” and as a “Leading Individual” since 2004. How do you handle the pressure and expectations that come with such acclaim, and what motivates you to maintain this level of excellence?

    While I am deeply honored to be recognized in the Legal 500 “Hall of Fame” and as a “Leading Individual” since 2004, I don’t see these accolades as pressure or expectations, but rather as affirmations of the dedication and commitment I bring to my work. Instead of feeling burdened, I find these recognitions to be motivational forces, driving me to continuously strive for excellence and exceed my own expectations.

    Here are some key strategies I employ to handle pressure and stay motivated:

    1. Refocusing on My Core Values:

    I ground myself in my core values of integrity, excellence, and client service. These values guide my decisions and actions, and remind me of the purpose and passion that drive my work. By staying true to these values, I feel confident and motivated, even under pressure.

    2. Embracing Continuous Learning:

    I believe that there is always room for growth and improvement. I actively seek out opportunities to learn new things, expand my knowledge base, and refine my skills. This ongoing learning process keeps me engaged, motivated, and confident in my ability to tackle new challenges.

    3. Setting Realistic Goals:

    I set specific, measurable, achievable, relevant, and time-bound (SMART) goals for myself. These goals are ambitious but attainable, and they provide me with a clear direction and sense of purpose. Achieving these goals fuels my motivation and reinforces my belief in my abilities.

    4. Maintaining a Positive Mindset:

    I cultivate a positive and optimistic outlook. I focus on the progress I’ve made and the opportunities that lie ahead. This positive mindset helps me bounce back from setbacks and stay motivated in the face of challenges.

    5. Prioritizing Well-being:

    I recognize the importance of maintaining a healthy work-life balance. I make time for activities that I enjoy, such as spending time with family and friends, exercising, and pursuing hobbies. This allows me to recharge and return to my work feeling refreshed and motivated.

    6. Utilizing a Supportive Network:

    I surround myself with positive and supportive individuals, including mentors, colleagues, and family members. These individuals provide me with invaluable feedback, encouragement, and support, which helps me stay motivated and on track.

    Finally, my greatest motivation comes from the satisfaction of helping my clients achieve their goals. Knowing that I have made a positive impact on their lives is truly rewarding and fuels my passion to continue exceeding expectations

    In conclusion, I don’t view recognition as pressure, but rather as motivation to keep pushing myself and reach even greater heights. By embracing continuous learning, setting SMART goals, maintaining a positive mindset, prioritizing well-being, and relying on a supportive network, I am able to sustain a high level of performance and continue to deliver exceptional results for my clients.

    You’ve been involved in various professional associations and committees. How does your role as the President of Shippinglawyers.NET contribute to your broader vision for the maritime legal community, and what initiatives are you passionate about in this regard?

    I’m passionate about the maritime legal community and firmly believe in the power of collaboration and collective action to advance the field. My involvement in various professional associations and committees, culminating in my current role as President of Shippinglawyers.NET, allows me to contribute to this vision in several ways:

    1. Fostering a Global Network: Shippinglawyers.NET is a unique platform that connects maritime legal professionals worldwide. As President, I strive to strengthen this network by:

    Organizing virtual and in-person conferences and events that facilitate knowledge exchange and collaboration across diverse legal systems and jurisdictions.

    Developing online resources and tools that support the professional development of maritime lawyers, particularly young practitioners.

    Promoting best practices and ethical standards within the industry.

    2. Advocating for Industry Interests: Shippinglawyers.NET plays a vital role in advocating for the interests of the maritime legal community. We actively engage with international regulatory bodies and government agencies to:

    Promote sound maritime legislation and policies that balance economic interests with environmental protection and safety at sea.

    Defend the rights and interests of maritime stakeholders in legal disputes and policy discussions.

    Contribute to the development of a more efficient and sustainable maritime industry.

    3. Shaping the Future of the Profession: The maritime legal landscape is constantly evolving due to technological advancements and emerging challenges. As President of Shippinglawyers.NET, I am committed to:

    Preparing the next generation of maritime lawyers for the challenges and opportunities of the future.

    Promoting innovation and technology adoption within the legal profession.

    Ensuring that the maritime legal community remains agile and adaptable in the face of change.

    Initiatives I’m Passionate About:

    Several initiatives are particularly close to my heart:

    Bridging the knowledge gap between developed and developing nations: I believe it’s crucial to ensure that maritime lawyers worldwide have access to the latest knowledge and resources, regardless of their location.

    Promoting diversity and inclusion in the maritime legal profession: A diverse legal community is essential for fostering creativity, innovation, and effective solutions.

    Advocating for sustainable practices in the maritime industry: We must ensure that the maritime industry operates in an environmentally responsible manner.

    By focusing on these initiatives and leveraging the power of the Shippinglawyers.NET network, I believe we can build a stronger, more vibrant, and future-proof maritime legal community that serves the needs of the industry for generations to come.

    Brus Chambers has been consistently recognized as a top-tier law firm for shipping work in India What, in your opinion, sets the firm apart, and how do you ensure excellence in delivering legal services to your clients?

    Brus Chambers’ consistent recognition as a top-tier shipping law firm in India is a testament to our unwavering commitment to excellence in legal services. Several key factors underpin our success:

    Specialization and Depth of Expertise:

    Dedicated Shipping Practice: Unlike many firms with a general practice, Brus Chambers boasts a dedicated team with extensive experience and expertise in the entire spectrum of dry and wet shipping law. This specialization allows us to provide clients with in-depth knowledge and nuanced understanding of the complexities involved in maritime legal matters.

    Recognized Leaders: Our team includes Dr. Shrikant Pareshnath Hathi, consistently listed as a “Leading Individual” for shipping work in India by Legal 500 since 2004 since few years am also listed in the Hall of Fame by Legal 500. This recognition reflects the exceptional skills and expertise of our individuals, which translates to superior client service Our firms other partners are also listed as Leading Individual; Rising Star ; Next Generation partner and are in the spotlight for shipping work in India. In this regard I would like a special mention of my wife and partner Ms. Binita Hathi who works alongside with me in shipping matters.

    Client-Centric Approach:

    Tailored Solutions: We build strong relationships with our clients, taking the time to understand their specific needs and objectives. This allows us to tailor our solutions to their individual circumstances, delivering practical and commercially-driven advice.

    Proactive Communication: We believe in clear and proactive communication throughout the process. We keep our clients informed of developments and potential challenges, ensuring they are actively involved in all decision-making.

    International Perspective: Recognizing the global nature of shipping, we offer an international perspective, drawing on our network of associates and partners worldwide to provide clients with comprehensive legal support across jurisdictions.

    Unmatched Track Record:

    Proven Success: Our impressive track record in handling complex shipping disputes and transactions speaks for itself. We have successfully represented a diverse range of clients, including shipowners, charterers, cargo interests, and financial institutions.

    Top-Tier Recognition: We are consistently recognized by leading legal directories such as Legal 500; Who’s Who Worldlawyers and Chambers & Partners as a top-tier shipping law firm in India. This independent recognition confirms our expertise and high-quality legal services.

    Commitment to Excellence:

    Continuous Learning: We are dedicated to providing our team with ongoing training and development opportunities to ensure they remain at the forefront of legal knowledge and best practices in the shipping industry.

    Investment in Technology: We leverage technology to optimize our processes and improve efficiency, ultimately leading to a better experience for our clients.

    Quality Assurance: We have a rigorous quality control system in place to ensure the accuracy and consistency of our work.

    By combining specialization, a client-centric approach, a proven track record, and a commitment to excellence, Brus Chambers has established itself as a leading force in Indian shipping law. We are dedicated to exceeding client expectations and delivering exceptional legal services that contribute to their success.

    With a busy and challenging legal career, how do you unwind and find balance? Can you share a bit about your personal hobbies or interests that provide a break from the legal intricacies?

    While the legal world can be demanding and complex, maintaining a healthy balance is crucial for well-being and long-term success. In my personal journey, I prioritize several strategies to unwind and find balance:

    1. Prioritizing Time for Disconnection:

    Setting boundaries: I practice strict boundaries between work and personal time, ensuring I disconnect from emails and calls outside of designated work hours.

    Digital detox: Regular digital detoxes, where I completely switch off from technology, allow me to reconnect with myself and my surroundings.

    2. Embracing the Power of Movement:

    Regular exercise: Physical activities like running or cycling help me release stress, improve focus, and boost energy levels.

    Yoga and meditation: Incorporating yoga and meditation into my routine provides a powerful tool for inner peace and stress reduction.

    3 Cultivating Creativity and Connection:

    Exploring artistic pursuits: I find immense joy in engaging in creative hobbies like painting, writing, or playing music. These activities allow me to express myself and unwind from the analytical demands of law.

    Nurturing relationships: Spending quality time with loved ones, friends, and family provides a sense of belonging and support, fostering a healthy work-life balance.

    4. Engaging in Activities that Spark Joy:

    Learning new skills: Continuously expanding my knowledge base through learning new skills, whether it be a foreign language, or photography, brings me immense joy and keeps my mind active.

    Exploring the outdoors: Immersing myself in nature through hiking, camping, or simply enjoying a quiet walk in the park allows me to reconnect with the world around me and find peace.

    5. Embracing Mindfulness:

    Practicing gratitude: Regularly reflecting on and appreciating the positive aspects of my life helps cultivate a sense of contentment and well-being.

    Living in the present moment: Mindfulness practices, like focusing on my breath and being fully present in the moment, help me manage stress and anxiety, allowing me to savor each experience.

    By prioritizing these strategies, I’ve discovered that maintaining balance is not only possible but essential for achieving personal and professional fulfillment. While legal work can be demanding, by nurturing my passions and dedicating time to self-care, I ensure that I show up energized and focused, ready to tackle any challenge legal practice throws my way.

    For junior lawyers aspiring to excel in the legal field, especially in areas like shipping and commercial arbitration, what new skill sets do you believe are crucial for achieving success in today’s legal landscape?

    Emerging Skill Sets for Success in Shipping and Commercial Arbitration

    The legal landscape is continuously evolving, driven by technological advancements and a rapidly changing global economy. For young lawyers aspiring to thrive in fields like shipping and commercial arbitration, mastering traditional legal expertise is no longer sufficient. Success demands a broader skill set that equips them to navigate the complexities of these dynamic fields. Here are some crucial new skill sets that junior lawyers should focus on:

    1. Technological Proficiency:

    Data Analytics: Familiarity with data analysis tools and platforms is crucial for effectively handling the increasing volume and complexity of legal data in shipping and arbitration. This includes extracting insights from contracts, invoices, and other documents to support legal arguments and identify potential risks.

    Legal Technology: Understanding and leveraging legal technology, such as contract management software, artificial intelligence-powered legal research platforms, and e-discovery tools, can significantly enhance efficiency and accuracy in legal work.

    Cybersecurity: As legal proceedings increasingly move online, understanding cybersecurity principles and best practices for protecting sensitive client information is essential.

    Artificial intelligence: Artificial intelligence is the next hop and is growing at a very high speed, this cannot be ignored. AI assist in improving our quality.

    2. Communication and Collaboration Skills:

    Effective Communication: The ability to clearly and concisely communicate legal concepts and strategies to diverse audiences, both verbally and in writing, is paramount for success in arbitration and complex legal matters.

    Cross-cultural Communication: Understanding and navigating cultural differences is crucial for working effectively with clients and colleagues from diverse backgrounds in international shipping and commercial arbitration.

    Collaboration: Building strong relationships and collaborating effectively with colleagues, clients, and experts from other disciplines is vital for achieving successful outcomes in complex legal matters.

    3. Business Acumen:

    Commercial Awareness: Understanding the commercial realities of the shipping industry and the broader business environment is crucial for providing clients with commercially sound legal advice.

    Negotiation and Dispute Resolution: Mastering the art of negotiation and developing strong dispute-resolution skills are essential for resolving complex legal issues efficiently and effectively.

    Project Management: The ability to effectively manage legal projects, meet deadlines, and stay organized is critical for handling complex legal matters with multiple stakeholders.

    4. Adaptability and Continuous Learning:

    Adaptability: The legal landscape is constantly changing, and lawyers must be adaptable and willing to learn new skills and technologies to stay relevant and competitive.

    Critical Thinking and Problem-Solving: Developing strong critical thinking and problem-solving skills is essential for analyzing complex legal issues, identifying potential solutions, and developing effective legal strategies.

    Continuous Learning: Cultivating a commitment to continuous learning and staying abreast of legal developments, industry trends, and emerging technologies is crucial for long-term success in the legal field.

    In addition to these specific skill sets, young lawyers should also cultivate strong ethical values, professional judgment, and a commitment to client service. By developing these diverse skill sets and remaining adaptable and eager to learn, young lawyers can position themselves for success in the ever-evolving legal landscape of shipping and commercial arbitration.

    Get in touch with Dr. Shrikant Hathi-

  • “A good lawyer is not one who knows the law, rather one who knows where the law is”- An In-Depth Conversation with Siddharth Batra, Advocate-on-Record, Supreme court of India

    “A good lawyer is not one who knows the law, rather one who knows where the law is”- An In-Depth Conversation with Siddharth Batra, Advocate-on-Record, Supreme court of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    From your diverse experience in the legal arena to your recent recognition with the ‘BW 40 Under 40’ award, can you share a bit about what motivates you in your legal journey?

    My journey in the legal field has been fueled by a combination of factors. At its core is a deep-seated passion for justice and equality, using the legal platform to advocate for these values in individual cases and broader policy realms. The legal profession’s intellectual demands and ever-changing landscape provide ongoing challenges and learning opportunities, which I find stimulating and rewarding.

    The impact of legal work on society is a significant motivator for me, as I aim for excellence and integrity in all my endeavors, understanding the substantial influence my work can have on people’s lives and societal norms. 

    The recognition and achievements, such as the ‘BW 40 Under 40’ award, validates my efforts and propel me to continue contributing meaningfully to the field. 

    Being part of a community of legal professionals and mentoring emerging talents enhances my journey, helping to shape the next generation of lawyers. This amalgamation of personal passion, intellectual curiosity, societal impact, professional recognition, community engagement, personal growth, and advocacy for change continues to drive my legal journey.

    You’ve had an extensive legal career, from district courts to the Supreme Court. How has your approach to cases evolved over the years, and are there any experiences from your early days that significantly shaped your legal philosophy?

    Reflecting on my extensive legal career, which has spanned from district courts to the Supreme Court, I have noticed significant change in my approach to legal cases. I moved to the Supreme Court in 2014 before which, I was at the Punjab and Haryana High Court at Chandigarh for 10 years. I essentially started my practice in 2004 at the District Courts Rohtak and later moved to Chandigarh when I got the opportunity to become an Assistant Advocate General in 2005. I left the office of the Advocate General in 2008 to start my own private practise and became retainer to the Haryana Urban Development Authority. In 2011, I became Additional Advocate General, Haryana.

    In my early days, my focus was primarily on learning and applying basic legal principles. However, as I delved deeper into the intricacies of law, my understanding and approach became more nuanced, especially when arguing before the Supreme Court.

    One of the most profound changes has been in my analytical skills. Initially, my approach was straightforward, centering on the direct application of the law. But with time and experience, I’ve shifted towards more complex legal reasoning and constitutional interpretation, considering various legal precedents.

    Moreover, my legal philosophy has evolved considerably. Landmark cases and mentorships in my early career significantly shaped my views. 

    I treat every new case with a new perspective and fresh outlook. My first major trial as a young attorney remains an experience that has definitely shaped my legal philosophy. It taught me the importance of thorough preparation and the profound impact of the legal system on an individual’s life. My father’s advice – “a good lawyer is not one who knows the law, rather one who knows where the law is” captures a profound truth about the practice of law. Over time, I realised that what mattered more was developing the skill to research efficiently, understand the context of the laws, and apply them appropriately to different scenarios. It is not just about what you know, but how you use your knowledge to find solutions. 

    You have worked as an Additional Advocate General for the State of Haryana in the past and presently you have an independent counsel practice at the Supreme Court. What do you think is the difference in both the kinds of practice? Would you go back to being a government counsel?

    Transitioning from being an Additional Advocate General (AAG) to an independent counsel practicing at the Supreme Court in India marks a notable shift in roles and responsibilities within the legal profession.

    As an AAG, my primary focus was on representing the State’s interests in various legal matters. It involved offering legal advice to government departments, handling constitutional issues, and representing the state in litigation proceedings. Working closely with government agencies, providing legal opinions, and defending the government’s stance in court were key aspects of this role.

    In contrast, as an independent counsel at the Supreme Court, I’ve had the opportunity to represent private clients or organizations across a wide spectrum of cases. This entails a broader range of legal issues spanning constitutional law, civil matters, criminal cases, and public interest litigations. The autonomy to select cases and clients and the diversity of legal subjects have been enriching aspects of this practice.

    The transition has brought about a shift in focus and clientele. While government counsel primarily revolves around serving the state’s interests, independent practice offers a more varied landscape, allowing me to choose cases aligned with diverse interests and work across multiple areas of law.

    The decision to return to government counsel or continue as an independent practitioner depends on various factors. While government service offers a sense of duty and the opportunity to serve the public, independent practice provides flexibility, a wider scope of cases, and personal career growth. My decision would be guided by a balance between these factors and my aspirations within the legal profession.

    As a legal professional with a commitment to growth and development, how do you balance your role as an Advocate-on-Record with your position as a Visiting Faculty and your involvement in various professional and academic bodies? How do these diverse roles contribute to your overall professional fulfillment?

    Balancing my roles as an Advocate on Record with my position as a Visiting Faculty  and an active membership of various professional and academic bodies is indeed challenging but immensely fulfilling. Each role complements and enriches the other. As an advocate on record, I deal with complex legal issues firsthand, which I then bring into my role as a Visiting Faculty, making my lectures more relevant and dynamic. On the other hand, interacting with students keeps me abreast of fresh perspectives and emerging legal theories, which informs my practice. My involvement with various professional and academic bodies allows me to keep myself updated with the latest legal development and professional standards. My diverse roles provide me with opportunities for networking with legal professionals, academicians and students. At times, these interactions lead to collaborative projects, thereby enriching my professional experience and contributing to my growth. Juggling these roles is not just about career advancement; it’s deeply fulfilling. Teaching allows me to give back to the legal community, shaping future legal minds. My court practice keeps me grounded in the practical realities of law, and my involvement in professional bodies lets me contribute to the legal profession’s evolution.

    Beyond the courtroom, you’ve been recognized as a BW 40 Under 40 Best Lawyer and Legal Influencer. How did it feel to receive such an award, and what does this recognition mean to you personally and professionally?

    I remember quite vividly that I received the email stating that I had won the BW 40 under 40 at 1:30 am at night and I felt extremely elated and joyous. I remember feeling extremely grateful for people who have supported me throughout my career and have pushed me in the right direction. Receiving an award of high stature indeed brings numerous rewards, including recognition and visibility, both personally and professionally. On a personal level, such an honor serves as a validation of my hard work and dedication. It’s a tangible acknowledgment of the countless hours, effort, and perseverance that I have put into my legal career. This recognition goes beyond mere professional achievement; it resonates with my commitment to excellence and the values I uphold in my practice.

    Professionally, an award of this nature symbolizes the high standard I have set as a lawyer. It enhances my credibility and reputation in the legal community, signaling to peers, clients, and the industry at large that my contributions are significant and impactful. This visibility can open doors to new opportunities, collaborations, and professional growth.

    Moreover, such recognition can serve as an inspiration to others in the legal field, especially emerging lawyers who may see in my journey a path to aspire to. It is a reminder that dedication and quality work are noticed and appreciated.

    In essence, while the award is a personal achievement, its implications extend far beyond, enriching my professional journey and potentially influencing the broader legal community.

    Your involvement in the Indo-French Chamber of Commerce & Industry highlights your connection to international matters. How do you navigate the legal landscape when working with French companies, and what unique challenges or rewards does this bring to your practice?

    My involvement with the Indo-French Chamber of Commerce & Industry indeed adds an international dimension to my legal practice, particularly in navigating the legal landscape when working with French Companies. Working with French companies requires an appreciation of cultural differences in business and legal practices. This includes understanding formalities, negotiation styles, and the general approach to contracts and disputes. Being culturally sensitive and adaptable is key to building strong professional relationships and trust. This provides an opportunity to work on diverse and often complex international legal matters, enhancing my expertise and broadening my professional horizon. It also allows for significant networking opportunities fostering a global perspective. 

    Outside the legal realm, what activities or hobbies do you engage in to unwind and recharge? Is there a particular hobby or interest that you find complements your legal profession in unexpected ways?

    Outside the legal realm, I engage in several activities and hobbies that help me unwind and recharge. 

    I used to be captain of my University Lawn Tennis Team at the time I was pursuing BA LLB. I really enjoy playing sports, whether it is Lawn Tennis or Cricket or Badminton. I regularly take part in SCBA Cricket Tournaments. 

    One of my favorite pastimes is reading. Delving into various books, without any specific genre preference, allows me to explore a wide range of ideas, cultures, and philosophies. “Tuesdays with Morrie” by Mitch Albom is a personal favourite of mine. It’s narrative is centered around Morrie’s reflection on life as he confronts ALS, and it provides invaluable lessons on the essence of human existence and relationships. 

    Apart from this, I greatly enjoy watching movies. They offer a complete escape into different worlds and narratives, providing a mental break from the rigors of law. My favourite movie is The Godfather.

    Each of these hobbies, in their own unique way, complements my legal career. They provide balance, enhance skills relevant to my profession, and keep me grounded and focused.

    With over two decades in law, what advice would you give to young lawyers starting their journey in the legal field, especially those who aspire to make a significant impact?

    The best advice I would give someone who is just starting their legal journey is that there is no substitute for hard work and there is no shortcut to success. A legal professional should always work hard and have faith in what he/she does. 

    Arguing in court is what every law student strives for. However, initially the focus should be entirely on honing your drafting skills and developing the skills of doing extensive and exhaustive research. In law, learning never ends. Even today, after practicing for 20 years, I continue to learn something new every single day. Law is constantly evolving and changing and you should try to keep yourself updated. Whether it is through legal news apps such as SCCOnLine or LiveLaw or following your mentors and senior lawyers on LinkedIn or through conferences and seminars. 

    When it comes to arguing in court, it’s okay to stumble occasionally. Everyone has ups and downs. The goal isn’t always to be the best but to make your point clear. Judges often understand and are patient with newer lawyers. Prepare well and present your case in simple terms. A solid grasp of the relevant law and case facts is essential.

    Get in touch with Siddharth Batra–

  • Legal Strategy is one of the most critical aspects in litigation. A good legal strategy acts as the bedrock on which the entire case is constructed – Embark on an insightful journey with Shaurya Sahay, a seasoned Advocate-on-Record and Standing Counsel for the State of Uttar Pradesh.

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

    Shaurya, your journey from being a law student to Advocate on Record and Standing Counsel for the State of Uttar Pradesh is quite remarkable. How do you recall your starting years as a legal professional? Please share your insights and struggles which you came across to reach here.

    Being a first generation lawyer, I knew little to nothing about the legal profession when I stepped into law school. My early internships exposed me to the hallowed corridors of the Supreme Court and that is when I was truly motivated and determined to someday have a practice of my own in the Supreme Court. My starting years as a legal professional included some of the cliched’ travails of having a low salary, extremely long working hours, and the existential dread of how I would ‘make it’ in the profession. 

    As luck would have it however, I was blessed with a wonderful mentor, Mr. Amit Kumar, Sr. Advocate who took me under his wings and it is under his tutelage that I gained invaluable experience as a practicing advocate. I never refused any assignment that came my way and I learnt to always be prepared in each matter, and be ready to grasp any opportunity.  On certain occasions when my requests for Passovers in matters were turned down, and I was requested to argue the matter by the Bench, I found myself prepared and equipped to handle the matter. This led to initial successes and brought with it much needed optimism and motivated me to keep going. In my view, the biggest struggle for a first generation lawyer in litigation is to remain motivated, however, I overcame this challenge by remaining disciplined and focused on improving my skills. Eventually, my skill sets improved, and with it came more work and a steady flow of income.  

    While hard work is often the answer to most of the challenges in the profession, it is also important to give the required importance to other facets of personal life such as physical and mental health. Having a close circle of friends in the early days of the profession helped me maintain a balance between the personal and the professional aspects of life and proved instrumental in helping me navigate the more challenging days of the profession.

    As the Standing Counsel for the State of Uttar Pradesh, you handle a wide range of litigations, from criminal disputes to matters related to Housing, Stamps, and Registration. What aspects of your role do you find most challenging and rewarding?

    Being the standing counsel for a State as large as Uttar Pradesh is a challenging but rewarding assignment. The biggest challenge being the sheer volume and diversity of cases one has to handle.  On most days, the assignment of Standing Counsel requires drafting multiple drafts, apart from having to argue several cases before different benches of the Supreme Court, therefore it is also important to keep abreast with the latest developments in the legal field.  Having to prepare for a heavy docket of matters, particularly on admission hearing days, i.e. Mondays and Fridays requires a strong support system. The importance of a good team of lawyers, clerks and office staff therefore cannot be overstated. In my personal opinion, one must try and identify a good team of colleagues, juniors and support staff as early as possible and invest in creating a team as early as possible. The diversity of cases to be handled also poses quite a challenge as the preparation of criminal cases requires a different approach when compared to civil cases. In particular, Land acquisition disputes are usually voluminous and therefore require rigorous preparation. 

    The most rewarding aspect of the assignment is the sheer exposure that it provides before the Supreme Court. As Standing Counsel, one gets to appear and argue before almost all courts of the Supreme Court, brief Senior Advocates, all of which helps gather invaluable experience.  The role of a Standing Counsel also provides an in-depth insight into the functioning of the Government. These are all extremely rewarding aspects of practice as Standing Counsel before the Hon’ble Supreme Court. To have the opportunity to handle such an assignment at a relatively young age is proving to be an extremely humbling experience.  

    As a Panel Counsel for the Government of Meghalaya, you were part of the team that successfully lifted the ban on coal mining. How do you approach high-profile cases, and what role does legal strategy play in influencing policy changes?

    Legal Strategy is one of the most critical aspects in litigation.  A good legal strategy acts as the bedrock on which the entire case is constructed, therefore considerable efforts must be spent in working out an effective strategy before proceeding with any case.  The issue concerning the ban on illegal coal mining in the State of Meghalaya is one of the most unique cases I have handled till date.  The issue pertained to the practice of indigenous mining techniques by the tribal residents of the State of Meghalaya which was deemed unsafe and environmentally harmful, resulting in the imposition of a complete ban by the Hon’ble National Green Tribunal in 2014. When the matter was earmarked to our team, before proceeding with the matter, we examined the historical aspects of the land tenure system in the State and its implications on the constitutional rights of the tribal residents of the State of Meghalaya. We were able to chalk out a legal strategy which indicated that the tribals are the absolute owner of the land and also the minerals extracted from the land, due to the constitutional status conferred to the State of Meghalaya as a 6th Schedule State, and also due to the land tenure system. Consequently, the Hon’ble Supreme Court upheld the contention that the both the land and minerals belong to the tribals, and therefore lifted the absolute ban on coal mining in the State, by permitting the mining to resume under the applicable legal regime of the Mines and Minerals (Development and Regulation) Act, 1957. The said judgment is a watershed moment, particularly for the State of Meghalaya, as nowhere else in the country has the Supreme Court recognised the right of the landowner over the minerals that may be found in his land. I personally do not distinguish between ‘high profile’ cases and other cases in terms of my approach to the matter. Surely, the pressure in ‘high profile’ cases is higher as the stakes involved for the clients are usually higher. However, I try to approach the matter like any other matter since I believe that as professionals, lawyers must remain objective in their assessment of a case.  

    Beyond the courtroom, you contribute to legal academia and write columns for popular legal websites. What motivates you to engage in these activities, and how do they complement your personal & professional life?

    My motivation for engaging in academic activities comes from my family background. My mother has been an educator for over 30 years and therefore I have always had a keen interest in academia. I still make time to write regular articles on various issues that I come across during my practice as I find that writing articles only solidifies the understanding of a particular area of law. Writing articles encourages discussion and debate on contemporary topics of law and I find that sharing of views is the best way to contribute to the development of the law.  

    Your academic achievements include winning Best Memorial in the Oxford Media Law Moot Court Competition. How has participating in moot court competitions shaped your advocacy skills, and what advice would you give to law students interested in mooting?

    Mooting was one of the most engaging activities during law school. It cultivated several habits which I till date implement in my professional life. Mooting required extreme discipline and dedication as it required one to gain subject matter knowledge on the topic involved to effectively deal with the issues raised in the moot proposition. This often involved our team staying up several nights reading up on new areas of law and refining our understanding of these areas. So far as helping shape advocacy skills is concerned, mooting trains one to develop arguments. It requires you to put your best argument first and find simple ways of explaining relatively complicated concepts. These aspects of mooting are very helpful in shaping advocacy skills. In my view, mooting, debating and other such activities are also a good way to gain confidence in public speaking which is an important skill required by any lawyer. 

    Coming to the personal side, what makes you happy personally other than Law? What keeps you motivated and inspired? 

    Music is a great source of solace and happiness for me. In particular, I enjoy collecting vinyl records and old cassettes.  

    Looking ahead, Are there any specific aspirations or goals you’re aiming to achieve in the coming years?

    If I were asked the same question a few years ago, I may have answered with a specific career goal in mind, but over the years if experience has taught me anything, it is that being happy, healthy and enjoying each day as it comes is the most important facet. I hope to focus on finding a good work life balance going forward.  

    Reflecting on your journey, what advice would you offer to law students and young legal professionals aiming to build a successful career in litigation, especially in the evolving legal landscape of India?

    One must have a voracious appetite for reading as it is the only way to stay abreast of the ever evolving legal landscape. A career in litigation is more of a marathon than a sprint. Pace yourself. While there is absolutely no substitute to hard work, but it’s important to find balance between the personal and professional.

    Get in touch with Shaurya Sahay-

  • From an illustrious academic journey to representing clients in high-stakes litigation, discover how his early experiences and continuous engagement with legal education shape his approach to problem-solving and litigation strategy – Vipul Kumar, Advocate-on-Record, Supreme Court of India

    From an illustrious academic journey to representing clients in high-stakes litigation, discover how his early experiences and continuous engagement with legal education shape his approach to problem-solving and litigation strategy – Vipul Kumar, Advocate-on-Record, Supreme Court of India

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

    How would you like to introduce yourself to our readers and young freshers.

    I am an Advocate-on-Record (AOR) at the Supreme Court of India. I started practising in 2014 with Wadhwa Law Chambers, Delhi before setting up my own full service law chamber (with two other partners) in 2022. 

    Our key practice areas include arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation with a focus on litigation before Hon’ble Delhi High Court, NCLT/NCLAT and the Hon’ble Supreme Court. 

    During the course of last 10 years, I have had the opportunity to represent various Indian and multinational companies/government departments before various courts and tribunals in Delhi NCR, Punjab and Haryana High Court, Allahabad High Court, Bombay High Court and other courts in Lucknow, Jabalpur and Himachal Pradesh.

    You have a strong academic background, having completed your B.A. LL.B (Hons.) from Dr. RML National Law University. How has your academic journey influenced your approach to legal practice and problem-solving?

    I was fortunate to have spent my five years at law school with some of the brightest minds from across the country – who are now some of my closest friends. All of us continue to learn from each other during the course of our respective professional journeys as practising lawyers, at law firms, in house counsels – as we did during our time at law school. Apart from the usual academic rigour, RMLNLU gave me an excellent set of peers. 

    While law practice can keep you occupied 7 days a week, I try to keep in touch with the academia by teaching seminar courses/taking guest lectures. Infact, preparations for my lectures at NLU Delhi and NUJS Kolkata have often helped me discover new lines of arguments and case laws – which eventually help you while making submissions in court/drafting your pleadings. 

    Could you describe your current role as an Advocate on Record at the Supreme Court of India? What types of cases do you handle, and what are your primary responsibilities?

    My initial years in law practice gave me a lot of exposure to original side litigation at the Delhi High Court, NCLT/NCLAT and District Courts. Original side practice teaches you imperative litigation skills which involves asking the right questions from the client and procuring documents, drafting the pleadings only after one looks up the correct position of law, and most importantly, being precise and not verbose with the pleadings.

    It is imperative that a lawyer keeps the above in mind while drafting plaints in Suits, statement of claims in arbitrations and insolvency actions, since the client may not be able to rectify these errors at the Appellate stage.

    Having a strong original side practice background always gives you an edge with AOR practice at the Hon’ble Supreme Court. This skill set has certainly helped me with my AOR practice where I take up matters relating to arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation

    With your involvement in MSME-related litigation and practice, how do you approach defending recovery actions initiated by MSMEs? What unique challenges and legal considerations come into play in such cases?

    With the Government allowing for a completely self-declaration based registration under the MSME Act, a huge number of money recovery actions are now initiated under the MSME Act. If the dispute is contested and not settled before the Facilitation Council, it converts into a regular arbitration.  The obvious benefits are better rates of interest given to MSMEs under the MSME Act when compared to regular arbitrations/civil actions for unpaid dues.

    However, the self-declaration regime does not require any physical inspection of the proposed MSME unit prior to its registration under the Act. This is resulting in many vendors registering themselves as MSMEs overnight (who may or may not meet the required thresholds of turnover and investments under law for registration as an MSME) and filing their claims under the MSME Act. In my humble opinion, the entire self-declaration regime of registration needs a complete overhaul at least as far as recovery actions under the MSME Act are concerned.

    There are however some remedies in the current legal framework to address the aforesaid issue, though not very effective and practical. Some other remedies under the MSME Act include criminal prosecution against the buyer which are not explored routinely but can be very effective, especially in high stake MSME litigation.

    In addition to your legal practice, you have a background in writing and travelling. How has your interest in writing come up and what are some of your favourite places you have travelled to.

    I used to write ‘letters to the editor’ to various newspapers while I was in school, which my father had suggested. I still have a whole collection of those cut outs kept with me! It is indeed a great way to develop comprehension and improve writing early on – especially for litigating lawyers where you are required to churn out drafts on an everyday basis. I would also write some pieces here and there in college, but the litigation rigour does not allow much time for that anymore.

    The RIFF music festival at Jodhpur with its unique dawn/dusk classical concerts, the backwaters at Kerala, the unexplored Turkish coastline and old town Prague have been some of my favourite places to visit.

    With a significant portion of your career spent in representing various entities, what advice would you give to aspiring lawyers, What are some key lessons or insights you have learned along your journey that you would like to share with them?

    One should explore as many practice areas in the initial few years of practice and focus on reading as many precedents/case laws. Apart from the basics, being a nice and an easy person to work with is a very under-rated skill!

    Get in touch with Vipul Kumar –

  • Crafting Legal Narratives and Shaping Constitutional Bench Cases – A Decade of Advocacy at the Supreme Court – “Founder of Outsay Legal and Advocate-on-Record, Suvidutt Sundaram, Reflects on His Pioneering Legal Journey”

    Crafting Legal Narratives and Shaping Constitutional Bench Cases – A Decade of Advocacy at the Supreme Court – “Founder of Outsay Legal and Advocate-on-Record, Suvidutt Sundaram, Reflects on His Pioneering Legal Journey”

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

    Could you please share about your formative years of litigation practice in the Supreme Court?

    In 2007, after enrolling as an advocate, I set off from Kerala to Delhi with only 5,000 rupees in my pocket, driven by burning determination and dreams in my eyes, all in pursuit of my aspirations. The metropolitan city was new, the people were unknown, my Hindi language skills weren’t fluent, adapting to the fast-moving culture proved challenging, extreme weather posed difficulties, housing rents were high, and adjusting to North Indian food was tough. Moreover, at that point, I didn’t know a single person in the legal circle in Delhi. Despite all odds, I managed to survive.

    Fortunately, a friend referred me to a Supreme Court lawyer, leading to opportunities to work with two leading law firms in the Supreme Court. I am grateful to my mentor, Mr. Anand Sanjay Nuli, the founder of the law firm Nuli and Nuli. In a short period, I immersed myself in the intricacies of litigation practice, becoming familiar with the procedures of most courts and tribunals in Delhi.

    Starting to receive cases from my home state of Kerala, I launched my independent practice in 2012. Following my successful clearance of the AOR exam in 2015 on my first attempt, I never looked back: my contacts multiplied, cases poured in, and my workload increased day by day.

    Your legal journey has spanned from handling cases in the Supreme Court to contributing to legal academia. What motivated you to pursue both active litigation and a role as a Visiting Faculty at various law schools? How do these two aspects complement each other in your professional life?

    While pursuing an LLM from Amity University, several friends encouraged me to take the UGC-NET exam and fortunately, I cleared it in 2015. Technically being qualified as an Assistant Professor ignited my interest in academia and led me to take up teaching assignments in law schools and business schools.

    Active litigation challenges me to stay current with legal developments and sharpens my analytical skills. It offers real-world experiences I bring to the classroom, giving students practical insights beyond theories. Simultaneously, academia allows me to delve deeper into legal theories, engage eager minds, and contribute to shaping future legal professionals.

    Teaching keeps me intellectually engaged, refines my communication for the courtroom, and broadens my perspective through a constant exchange of ideas. This synergy between litigation and academia enriches my understanding of legal concepts and enhances my effectiveness both as a lawyer and educator.

    Your involvement in drafting Private Member Bills is noteworthy. Can you share a bit about the inspiration behind bills like the Anglo-Indian Welfare Bill and The Waste Management and Recycling Bill?

    I provided advice to several Members of Parliament (Lok Sabha), irrespective of their political affiliations. During this time, the Lok Sabha MP named Dr. Richard Hay expressed a desire to address the unique needs and concerns of the Anglo-Indian community within the legal framework. This community possesses a distinct cultural identity and faces challenges that may require tailored legislative attention.

    Another legislative initiative involved waste management, aiming to align India’s practices with cleaner standards akin to Western countries. The inspiration behind The Waste Management and Recycling Bill stemmed from the urgent need to address environmental concerns, specifically focusing on efficient waste management and promoting recycling practices. Extensive research on similar laws in other countries formed the foundation for drafting these bills.

    Both Private Member’s Bills were introduced in different Lok Sabha sessions, and I felt immensely gratified and proud to have had the opportunity to apply my legislative skills to these initiatives. Dr. Richard Hay later expressed gratitude in his book, acknowledging the significant role I played in the formulation of these two Bills—an overwhelmingly fulfilling experience for me.

    As an advocate-on-record with a focus on election laws, you’ve completed a Ph.D. in the same field. What prompted you to delve into this area, and how do your academic pursuits enhance your ability to navigate complex legal issues in electoral matters?

    Firstly, I completed my LLM in Constitutional Law. Secondly, while advising a few Members of Parliament, I became increasingly fascinated by the captivating nature of election laws due to their intrinsic connection to democracy, governance, and the fundamental rights of citizens. Both these led me to choose a PhD topic focused on the critical study of statutory provisions and judicial decisions regarding hate speeches for electoral gain.

    Besides, my decision to specialize in election laws stems from a profound interest in upholding democratic principles and ensuring fair and transparent electoral processes. Academic pursuits in this field significantly enhance one’s ability to navigate complex legal issues in electoral matters. Researching and studying electoral laws at an advanced level equips individuals with a comprehensive understanding of election procedures, electoral disputes, and policy insights, providing an edge in handling intricate electoral legal issues.

    Winning the Family Medicine Advocacy Award in 2019 is a unique accomplishment. How has your legal work contributed to the cause of family medicine, and what role do you see for lawyers in advocating for broader societal issues beyond the courtroom?

    The award, conferred upon me by the Academy of Family Physicians of India (AFPI), recognized my efforts in advocating for the establishment of a separate department of family medicine in all hospitals and incorporating a course on family medicine into the MBBS curriculum through a Writ Petition filed in the Supreme Court. Consequently, the Court directed the Union of India to make an appropriate decision, which ultimately resulted in a positive conclusion. This decision significantly benefited family medicine practitioners and millions of our countrymen by supporting accessible and quality healthcare.

    Lawyers can play a pivotal role in advocating for broader societal issues beyond the courtroom through various means. One such avenue is policy advocacy, wherein lawyers engage in lobbying efforts and collaborate closely with policymakers to shape laws and policies addressing social justice, human rights, environmental sustainability, healthcare, education, and more. Another effective approach is filing Public Interest Litigation (PIL) or representing marginalised groups, NGOs, or individuals in legal cases that challenge unjust policies, protect civil liberties, and seek remedies for systemic issues. Other impactful methods include legal education and empowerment, raising public awareness through media, Corporate Social Responsibility (CSR), conducting research, and providing data-driven solutions for societal challenges.

    Overall, lawyers serve as advocates, advisors, educators, and catalysts for societal change. Their expertise in law and understanding of legal systems position them as crucial agents for advocating broader societal issues, striving to create a fairer, more just, and inclusive society.

    You’ve been involved in some ground-breaking Constitutional Bench cases. Can you share a moment from your career that stands out as particularly impactful or challenging?

    Several cases I handled were notably challenging, with two among them considered landmark judgments. One instance involved the judgement pronounced by the Constitution Bench in the Sabarimala temple case, permitting women’s entry into the temple. In this case, I filed the petition on behalf of the royal family of Pandalam who constructed the Lord Ayyappa temple at Sabarimala, advocating for the continuation of tradition. This decision caused significant upheaval in the state of Kerala. Another significant case was a Constitution Bench judgement that decriminalized the provision of adultery i.e., Section 497 from the Indian Penal Code (IPC). I filed a Writ Petition representing an activist named Joseph Shine. Both of these cases are widely regarded as landmark judgments.

    One instance that I can’t forget in my career was the research and drafting that my legal team did challenging the Citizenship Amendment Act (CAA) in the Supreme Court on behalf of one Member of the Parliament named T.N. Prathapan. We completed the same in just a matter of 6 hours starting from 1:00 am till 7:00 am. That night was a marathon, intense and unforgettable.

    The list is endless, encompassing various subject matters of law—ranging from service jurisprudence to environmental laws, civil remedies to criminal matters, constitutional issues to corporate advisories, arbitration proceedings to family disputes, and more. I am thankful to my colleagues Mr. Vibhor Ahlawat, Ms. Vijayalakshmi Raju, Ms. Somlagna Biswas, Ms. Deepika Singh, and Ms. Disha Puri for their relentless efforts and contributions, without which I can’t be where I am now.

    Beyond the courtroom, we know you’re into Artificial Intelligence and enjoy a game of online chess. Is this your way to unwind or do you have different hobbies that help you relax and recharge?

    For the past few years, I have immersed myself in reading about Artificial Intelligence (AI). In the realm of litigation practice, embracing technology, especially AI has become increasingly essential. My focus lies on advocating for ethical AI, a concern that unfortunately garners attention from only a few.

    Additionally, I am deeply intrigued by billionaire stories. I used to watch their interviews that reveal their tales spotlighting resilience, innovation, and their strategies for success. Exploring their stories unveils their mindsets, work ethics, and pivotal choices. It’s not just about wealth, but also their visions, failures, and societal contributions, making their journeys both compelling and relatable.

    Being a Visiting Faculty at various law schools, what motivates you to engage with the next generation of legal minds? Any advice for budding lawyers based on your experiences?

    Interacting with budding legal minds as a Visiting Faculty is profoundly fulfilling. The drive behind this engagement springs from a fervent passion for imparting knowledge, moulding future legal luminaries, and witnessing their transformative journey. It’s truly inspiring to play a part in the growth of the next generation, fostering and guiding them through the intricate pathways of the legal world.

    My advice to budding lawyers: embrace lifelong learning; hone communication skills; uphold ethical standards all the time; build a strong network; prioritise clients over your personal and political inclination, and be anti-fragile. Always, embrace technology and AI-driven solutions in litigation as well as non-litigation. That’s the future.

    Get in touch with Suvidutt Sundaram

  • Explore the diverse legal experiences of Rohit, from international exposure in Israel to influencing cases in India, and his current excitement for delving into corporate governance and ESG regulations – Rohit Kumar, Advocate-on-Record

    Explore the diverse legal experiences of Rohit, from international exposure in Israel to influencing cases in India, and his current excitement for delving into corporate governance and ESG regulations – Rohit Kumar, Advocate-on-Record

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

    Rohit, your journey from the chambers of Mr. Anand Grover to representing major players like Google and Snapchat is truly remarkable. Can you take us through a memorable moment in your career that shaped your approach to the legal profession?

    My journey has been a roller coaster ride, full of ups and downs, making it hard to recall. As a first generation lawyer getting a first job was very difficult. However, in 2013, I joined Anand Grover as a fresh law graduate. I got this job primarily because of my graduation in Life Science and not because of law. When I joined his chamber he was representing generic pharmaceutical companies before the IPAB and High Court in matters related to pre-grant patent oppositions and compulsory licences.  My job at his chamber was related to finding the prior art of a contentious patent application thus the focus was more on researching chemical compounds of the drugs and tried to simplify enough to submit before courts, during this period I worked on many important drugs like Nexavar (Compulsory Licences case) and Sofosbuvir. After leaving his chamber in 2014 I joined MKSS (Mazdoor Kisan Shakti Sangathan) as a fellow where my job was focused on representing indigent litigants and groups on right based litigation related to NREGA, RTI, panchayat elections etc. This gave me the opportunity to work with two very good lawyers, Senior Advocate Prashanto Chandra Sen and Dr Yug Mohit Chaudhary, I learnt a lot from both of them. Yug is known for his work on Death Penalty cases and thus appeared with him in several death row cases. 

    Later, in 2015 I joined Advocate-on-Record Chirag M Shroff and then joined the excellent chambers of Mr Ramesh Singh Senior Advocate, an outstanding corporate lawyer, where I had the opportunity of assisting him in various arbitration and commercial cases. I learnt the art of articulation and gained confidence in handling complex legal issues from Mr Singh. It was the most significant period of my career, however I had to take a break due to some inevitable things at home and later in 2017 started my own practice. It was a very tough period with no or low monetary gains. 

    In 2019, a recruiter approached me to interview with Bytedance. After a few rounds, I was hired, and the rest is history. Bytedance, the parent company of TikTok, and it was the most challenging job so far for me. When I joined TikTok was facing regulatory issues and  it also was a time when intermediary liabilities and content regulation laws were also developing in India, and as a pioneer in short video format with tendency to become viral TikTok faced many challenges and court cases related to bad content on platform, however, these challenges provided me avenues to learn on the job and grow as as lawyer and as an individual too. Google and Snapchat were settled and very slow companies and hardly a challenging situation occurred when I was there. Now after resigning from my corporate job I am back to pursue my career as a litigating lawyer, I cleared the AoR exam this year and practising primarily before the Supreme Court. 

    We often see lawyers in the courtroom, but what’s something about the legal profession that people might not know? Any behind-the-scenes aspect or interesting anecdote you’d like to share?

    Lawyers in the courtrooms come with huge preparation, background study and efforts of many people involved. In 2019 I got an opportunity to represent the plaintiff in a suit for injunction filed before Bombay High Court against Ayushmann Khurana, the allegations of the plaintiff were that he had stolen his story and made a film called Bala. We had strong evidence to prove the allegations before the court, and his lawyer did not file any convincing reply in initial hearings and somehow we managed to convince the judge for personal appearance of Mr Khurana, however, after several requests made by his lawyer the court dispensed his personal appearance, but it was an exciting day for us in the court, my associate and junior were especially happy in hope to see the glimpse of the bollywood star. 

    You’ve been deeply involved in shaping content policies and legal strategies for social media platforms. With your background, what advice would you give to someone trying to navigate the fine line between freedom of expression and responsible content moderation in the digital age?

    Social media is a powerful medium to communicate. After notification of Intermediary guidelines and digital media code 2021, social media companies are using AI tools and human moderators to curb the obscene and pornographic material however real challenges are related to political speeches and dissent voices, such content shall be dealt with utmost caution and platforms shall not remove any content that does not breach the Article 19 (2) of the Constitution of India, similarly MEITY shall also exercise its power under section 69 A of IT Act 2000 in rare cases and not as a normal routine. As a society we should aim at making the internet safe and secure for everyone. 

     In India the main problems is that some think tanks are over romanticising the “safe harbour” protection and wrongly interpreting the intermediary liabilities. Such protection cannot be granted or taken away by the statute as many policy practitioners and lawmakers think, it’s just an affirmative defence against the liabilities of the platform and only the court can use it to punish or protect the platforms against any liability.  Therefore, I believe that facets of freedom of speech and expressions shall be dealt within the ambit of Article 19 (1)(a) read with Article 19(2). 

    You’ve navigated through roles as Legal Counsel for Snapchat, Google, and Bytedance, offering you a front-row seat to the tech industry’s evolution. What’s the most fascinating or unexpected aspect of tech law that you’ve encountered, and how do you stay ahead in a field that’s constantly evolving?

    While at TikTok I encountered many unexpected and complex legal issues. Most fascinating issues were related to content crawling wherein TikTok content was crawled by competitor apps and they started monetizing it. However, TikTok had a state of art watermarking system on its content that helped the TikTok team to identify its content on other platforms and enforce its legal rights. During Google days most challenging work was related to revenge porn, as per Intermediary Guidelines 2021 platforms have an obligation to remove such content within 24 hours hence, sometimes I had to work beyond office hours to help the trust and safety team to remove content within time. Social Media and new age platforms are posing a new threat towards user safety, issues like deep fakes, AI generative and application of virtual currency in online gaming are some matters that need urgent attention. 

    Your educational journey includes a diverse set of courses, including a recent one on Fintech. How do these ongoing learning experiences contribute to your legal expertise, and is there a specific area of law or topic that you’re currently excited to explore further?

    I am a big fan of MOOCs and distance learning courses. I feel that once we complete LLB, we do not need a master degree especially when we want to be in litigation, therefore I did not want to waste time and money in doing LLM hence, opted for distance learning specialised programs like Fintech, Media Law, CopyrightX etc. These courses played a significant role in getting jobs and recognition. Presently, I am quite fascinated with the changes happening in corporate governance and ESG regulations, and I am excited to explore this area and consider doing specialised training. 

    Your international exposure is quite impressive. How has your experience with diverse legal systems influenced your approach to cases in India? Any notable contrasts or lessons learned?

    I was fortunate to work closely with lawyers from different countries. When TikTok was banned in India I was asked to support other jurisdictions like the UK, Israel and Sri Lanka, whereas  while at Google I was responsible for west Asia litigation and worked with law firms of Pakistan and Bangladesh. Among all these, the best learning experience was with Israeli law firm Fischer Behar Chen Well Orion & Co (FBC) . I was very impressed with their drafting skills. Their team was trained to draft the long brief in a few pages in simple and plain English, a skill which Indian lawyers lack. Now, I am an Advocate-on-Record and I am trying to follow the learning from FBC. 

    We’ve covered your legal prowess, but what’s a hobby or interest you turn to when you’re not immersed in the world of law and litigation? Any hidden talents or passion projects you’d like to share?

    When I am not in court, I like to go to the local market and eat street food, I also spend some time with my plants and I also have interest in collecting samples of leaves from different locations after drying them. I make herbarium. 

    With your background in Intellectual Property Rights and technology law, what’s a piece of legal advice you find yourself frequently sharing with friends, family or upcoming generation, especially in today’s digital age?

    I usually advise my colleagues and friends to understand your client’s business before providing legal advice, to remain quiet and let your client speak more during meetings. I feel that all lawyers are competent to advise but there are very few lawyers who understand the business of the clients. Once we understand the business it will become easy to advise the clients.  In today’s competitive world, start ups are coming with disruptive technologies and products, and if we do not understand their product and business properly, we may not be able to advise our client properly

    Get in touch with Rohit Kumar –

  • “From Small Town Dreams to Supreme Court Realities: A Candid Conversation with Neelmani Pant, Advocate-on-Record”. Gain insights into the distinct responsibilities and pride associated with the role of a “friend of the court.”

    “From Small Town Dreams to Supreme Court Realities: A Candid Conversation with Neelmani Pant, Advocate-on-Record”. Gain insights into the distinct responsibilities and pride associated with the role of a “friend of the court.”

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

    How do you end up pursuing a career in Law? 

    I belong from a small town Ajmer, Rajasthan, my father is a lawyer in the same town, and I grew up watching him dress in black and white attire every day. We have a small office in the home where the clients used to come and share their cases in his office. Listening to them hiding behind the doors and watching my father helping them in every possible manner would always attract me towards this profession and here I am. 

    You graduated from M.S. Ramaiah College of Law, Bangalore in 2013. How does it feel being from (Non NLU) Law college – could you share your experience with us.

    Before joining this college I did give entrance exams of various National Law Colleges in 2007 (as CLAT was introduced in 2008) but was not selected in any.

    It was late mid-June when almost all the college admissions were closed and after rejections from all the national law colleges, I chose to travel alone by train from Ajmer for almost 42 hours to reach Bangalore in search of a good college.

    I made a list of reputed law colleges and decided to visit each one of them to try for a seat. The first on the list I visited was M.S. Ramaiah College of Law. At the entrance of the college, a big board was fixed displaying “admissions closed”. Not to lose hope I still managed to push myself and enter into the building walking towards the administrative room.  I swiftly entered the room where the manager had just ended a landline call by putting the receiver down and in a low voice I said “I want admission”. I was told to wait and have a seat, while the administrative persons had a meeting among themselves. After some time I was told by the manager that 80 seats of this academic year are full, however, a moment ago one candidate refused to join and now we have a single seat, are you carrying all your documents with you and the rest is history. This is the day when I learned the value of at least giving it a try and not giving up.

    It is true in today’s life various offices and firms judge based on the name of colleges, however, I would like to add that in my opinion being from NLU or non-NLU College does not make much difference, if you are sincere and are passionate about your work. In fact, being from Non-NLU in my case had only benefitted me for making me strong enough to face the challenges of a litigating lawyer as a career. 

    Not being the icing on the cake will only make you the bottom part of the cake which is hard and filling, meaning thereby stronger and in a way fruitful for your future if you want to pursue a career in litigation which is itself full of challenges. A will to learn and zest for life will never depend on what college or institute you belong to. Face the challenges and enjoy the journey.

    You graduated, Coming from a small town then working under an Advocate-On-Record at the supreme Court of India to becoming Yourself an Advocate-On-Record, How was the journey? 

    Being a lawyer is not easy, it demands lots of hard work, dedication and devotion. Especially, when you do not belong to this city that is in itself challenging. You have to live away from home starting from scratch. It almost seems like a never-ending struggle. After my graduation, I came directly to Delhi and shared a flat with my immediate seniors at Law College who were kind enough to give me some guidance. 

    I worked at various law offices where I was fortunate to be given the responsibility to handle matters individually. I used to draft, type and prepare it for filing and thereafter visiting courts for filing, everything right from:- 

    • page numbering,
    • attestation,
    • notarizing, 
    • court fees 
    • Photocopies etc, 
    • waiting in the queue for submission of the case at filing counter
    • curing defects
    • getting it listed and 
    • arguing before the court 

    While deciding a case in the court of law there is an abbreviated form of Latin Maxim de minimis non curat lex, “law is not concerned with small things.” However, in the practice of law, it works the other way round .i.e. “the practice of law is concerned with each and every small thing”. Until and unless you learn how in litigation the small and minute things work you will find it difficult to deal with major things.

    While digging the ground I never stopped looking at the sky. At the Supreme Court, I used to sit inside the court watching the proceedings in and out, observing the Hon’ble Judges their reactions and how learned advocates and senior advocates argue their cases and present themselves before the Court. Making notes, and learning the process and it is only a decade into 2023, with never to stop trying attitude and as they say “When there is a Will there’s a way” I cleared my Advocate-on-Record Exam.

    Your work involves a mix of civil, criminal and corporate matters. If you had to choose, which type of case do you find more thrilling and why?

    As recently Hon’ble Justice L. Nageswara Rao said:

    “There Is No Profession Thrilling Than Legal Profession”

    Well practice of the Supreme Court does require mixed knowledge of every subject, there is a CASE LAW paper in AOR Exam where one has to study all case laws around 64 judgments right from KESAVANANDA BHARATI SRIPADAGALAVARU VS. STATE OF KERALA & ANR. (Doctrine of Basic Structure Case) or LALITA KUMARI V. GOVTOF UTTAR PRADESH (Registration of First Information Report) to INDORE DEVELOPMENT Vs. MANOHAR LAL (Land Acquisition Case).

    Either Civil, Criminal or Corporate matters, the recipe is the same .i.e. mastery of facts, relevant statutes, research, and application of law/judgments, only the taste changes .i.e. the result.

    The thrilling part is not the subject, but the journey and the relief for which the client has engaged you and trusted you with the responsibility of seeking justice. When you give your best in the matter and present your true capabilities, knowledge, ideas, and skills of your experience, only then the whole process right from the first meeting with client up to the final argument stage the journey as a whole will thrill you and no matter what the subject is, your inner soul will always give a sign that yes you have done something worth for.

    Balancing a career as an Advocate-on-Record with various high profile cases, you must have some unique strategies for managing stress. What do you do outside of work to unwind and recharge?

    I am a son, a husband, a brother, and a friend. I am an old-school guy, I love being close to nature which keeps me calm and soothing and I also love to spend time with my family. Whenever I get time I travel back to my hometown and spend most of the time with family. In the morning I do give time to myself for at least 20 to 30 minutes, where I practice yoga, stretching, meditating, and gardening and relax with myself.

    In my opinion, there are no unique strategies for managing stress, in reality, there are not any because the simpler you live the simpler your life will be. In these hectic times of the world, people have stopped realizing that we work to stay away from these so-called words like stress, tension and problems etc., so how come working would give you stress. I am not denying that these issues don’t exist but once you are doing your work with true passion and dedication and have opted for the right profession that keeps you motivated you will automatically ignore the unwanted things in your life and would focus on improving yourself every single day.

    Being an Amicus Curiae in a service matter is an interesting role. How is the experience  compared to your usual courtroom battles?

    Well, it is a privilege and a great honour to be appointed as amicus by the Hon’ble Supreme Court of India and I am fortunate enough to play this role in my small legal career. As the Service matter is still pending consideration before the Hon’ble Supreme Court it would not be possible for me to discuss it.

    However, in comparison to usual courtroom battles, there is definitely a different sense of pride within you when the court recognizes you and shares the burden of responsibility on your shoulders. As an amicus you have to act as a “friend of the Court” and your endeavour must be to guide the court with all the facts and laws to reach every possible way of finding the right solution both for the Court and the litigant.

    Your journey involves work with a diverse range of legal matters. If you were to give advice to your younger self starting in the legal profession, what would it be, considering both the professional and personal aspects of your career?

    OBSERVE THE COURT:-

    I still remember in my initial days I attended a chamber matter before Hon’ble Mr. Justice Amitava Roy. My matter was listed as Item No. 12 and all the matters that were listed were for the reason of not curing the defects, for that reason the matters were pending in the registry.

    During Item 1 to 10, I observed that in every Item Your Lordship was asking how much time you need to cure the defects and the Advocates were asking for 6 weeks, some asked for 4 weeks or 3 weeks time, the court was strictly taking Action against the advocates for not curing the defects timely and in almost every matter your lordship were passing order “as a Last opportunity counsel is given 2 weeks to cure the defects, failing which the Special Leave Petition will stand dismissed”

    In item 11 your lordship had again asked “how much time” counsel replied “4 weeks”, and the Court said “2 weeks and failing which the Special Leave Petition will stand dismissed” with a comment “pull up your socks”.

    When item 12 was called out I walked towards the desk and was asked by Your Lordship “Yes sailing in the same Boat, how much time do you need” I replied It is my fault for not curing the defects timely and I leave it to my lords any time as would be directed I would cure the defects” and in response, an order “6 weeks’ time granted to cure the defects”, without any condition of dismissal. 

    In short, it is very important to read the mind of the court and decide in what manner you can drive the court in your favor.

    BE PATIENT:-

    My message to the readers is: Be patient, and be diligent as this profession does not give any overnight success stories. This profession sometimes also demands sacrifices, as I can relate with those who come from outside the city in the hope of fulfilling their dreams, “you might lose many things but believe me you will achieve everything”. In the end I can only share the slogan by Great Swami Vivekananda:

    उत्तिष्ठत जाग्रत प्राप्य वरान्निबोधत,क्षुरासन्न धारा निशिता दुरत्यद्दुर्गम पथ: तत् कवयो वदन्ति |

    Arise! Awake! Approach the great and learn. Like the sharp edge of a razor is that path, so the wise say—hard to tread and difficult to cross.

    Get in touch with Neelmani Pant –

  • “From Supreme Court Prodigy to Founder of Kunal Yadav & Associates”, Kunal provides a glimpse into his prolific career, spanning from solo practice to collaborating with legal luminaries in some of India’s most complex cases.

    “From Supreme Court Prodigy to Founder of Kunal Yadav & Associates”, Kunal provides a glimpse into his prolific career, spanning from solo practice to collaborating with legal luminaries in some of India’s most complex cases.

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

    Can you tell us about your journey into the field of law? What inspired you to pursue a career in law, and how did you get started in the legal profession

    Being a first generation lawyer, I persuaded my family that I want to be a lawyer and make a good career in law. To be very frank, I must say the journey in this legal profession has been a roller coaster ride for me. Let’s dive back in time to know more about why and how I chose the legal profession as a career. In the year 2007, I did my schooling from Cambridge School Noida.  I was least interested in accounts so it was easy for me to make up my mind about not pursuing CA/CS Course for sure. After that decision, I decided to pursue a BBA Course  and appeared in the entrance examination for 3 continental BBA courses from Amity University Noida.  Although I was selected, I was not satisfied at all whether to pursue it or not. Later I came to know, accountancy is also included in the BBA Course, and I couldn’t deal with the accounts subject so decided to move ahead and quit this course.  Just like 3C BBA, at that point of time,  the 5 years integrated BA.LL.B(Hons) course was gradually evolving. I pursued law with Amity law school, Noida and graduated in 2012. Furthermore, I did my masters from O.P. Jindal Global University, specialisation in Corporate Law in the year 2014. 

    INSPIRED BY WHOM – 

    Succinctly to say that, inspirations are so many luminaries of our legal profession, but one person who inspired me was the late Sh. Ram Jethmalani Sir. In the first year of law, I came to know about the Jessica Lall murder case wherein in 2006, the trial court had acquitted Manu sharma in that case. The first time I heard about Ram Jethmalani sir was in the aforementioned case who was defence counsel of Manu Sharma. I did a little bit of research later on.  He was noted for his legal acumen and expertise.

    Also for the parents, Selecting/Choosing a career option on behalf of their child is one of the major decisions that they undertake in the initial stage of commencement of their child career. 

    REASON WHY I CHOSE CRIMINAL LITIGATION  OVER CORPORATE/IN HOUSE LAW PRACTISE – 

    By the time I jumped to fourth year in law, I had interned in a few corporate law firms including IP firms such as Sai Krishna and Associates. Prior to that,  I already had interned for a month under tutelage of Senior advocate Rakesh Dwivedi Sir and K.K. Manan, Sr. Advocate, chairman of Bar council of Delhi . By this time, I had partially decided that I would go for litigation.  It was the year 2012 where I interned  for 3 months under tutelage of Advocates Subhash Gulati Sir  and Sima Gulati Ma’am (Gulati and Associates), who were and still are my first mentors in this legal profession. These 3 months were fruitful for me as an intern which aided me in taking the right decision of which area of law to practise in coming years.

    They have been doyens of the legal profession and have nurtured so many successful lawyers. I feel honoured to have been a part of that law firm (G&A).  

    You have an impressive and diverse background, working in various areas of law, including criminal trials, original side practice, and corporate matters. Can you share some of the key experiences or cases that have had a significant impact on your career and expertise

    In mid-year 2012, I initiated my career in the field of criminal law for 2 years straight and got associated with the law firm of Gulati and Associates. I had a short yet effective stint as a junior advocate for Subhash and Sima Gulati . Having worked under Subhash Gulati and Sima Gulati (Sir and Ma’am) all this while, proved to be beneficial for me as very closely, I learned the tricks, tactics and specially the art of cross examining the witnesses in criminal trials. In fact,  for a few months, I started assisting seniors in criminal matters listed in district courts. To name the few it includes dowry related case, dowry death case, murder case and 2G Scam case. For beginners in this legal profession, reading, researching the case laws, interpretation of the laws/provisions and putting all of it in drafting are few of climbing the ladder of district court practice. Next comes the oral advocacy , i.e. to say mastering the submissions/oral arguments before the court, that I learned at much later stage.

    So, initially I started appearing in all district courts in Delhi and sought Passovers in complaint matters, heinous crimes /non heinous crimes (both pre trial and post trial stages matters) as well.  A person is bound to make a mistake in his /her commencement of his trial litigation and that’s exactly what I did. The one thing I learned from the seniors , at the very beginning in starting 6 months, appearing before MMs (Metropolitan Magistrates) or ADJs/DJs (Additional/Assistant District Judges/District Judges) is that never ever lose your patience during arguments, the ability to handle the situations, be crisp on law and facts and one should know when to counter/rebut the arguments on the questions asked put forth either by the opposite party counsel/Hon’ble Judges.    

    I can tell you the first trial case I was involved in was of dowry one. In that case, we were representing husband. Senior told me to prepare the tabular chart by highlighting the  general allegations and specific leveled against the husband and other family members and accordingly find out the relevant judgments on the issue . I  attempted in searching the judgments day and night, on the proposition related to dowry law ,i.e. 498a, but couldn’t find it in our favour.  Patience is the key. Then next day, I restarted researching on ratio ,found out the judgments and Just before At the stage of final arguments, cited the relevant judgments before the court, that lead to an acquittal. That was the pride moment for me in assisting senior and in adjudicating the matter. 

    It is undoubtedly a fact which cannot be ignored that apart from senior lawyers, in an advocate’s life Role of clerk also plays a vital role in building up the career of a lawyer. Clerks are invaluable. 

    They inculcate practical knowledge  pertaining to court filing procedures/inspection of files in courts /High Court/ Supreme court inter alia.   I remember Jitendra Kumar (who is now an advocate)  is one such person who throughout has aided  me in this particular field . 

    ROLE/ IMPACT OF SENIOR COLLEAGUES IN MY LIFE – 

    I always keep the relationship with my seniors at the beginning of my career at a high pedestal.  No matter how many times you seek help from them, they will clarify your doubts in every possible manner. I discovered it’s essential to be enthusiastic and open to learning new skills, asking for more work and being curious to learn and ask questions.  I thank my seniors  and acknowledge their indisputable efforts namely as Advocates Sugam Puri, Shikha, Kunal Raheja, Navneet, Khan, Shammy, Rahul, Jatin Sapra for rectifying my mistakes in drafting and  other consequential areas. 

    Post 2015 and till 2021, I had worked with other seniors namely Advocate Vikas Arora, Ardhendumauli kumar Prasad (AOR) (AAG, UP), Sr. Adv S.R. Singh (Former Justice of Allahabad High Court), Advocate Arvind Kumar Shukla gaining abundance of experience in land , service, appointment, education, excise matters ,criminal , landlord tenant arbitral disputes, property matters. I cannot thank my seniors enough for giving me the opportunity to argue independently in various forums/courts. 

    The  regular bail granted to my client I defended in the POCSO case is one of the major takeaways of my litigation that I cherish the most. 

    Not to forget the landmark judgment of supreme court in Swiss Ribbons case v/s Union of India that upheld the validity of IBC Code in 2018, A separate writ was filed from our office and that was tagged along with several other petitions) and the fate of the judgment decided in the main petition decided in other cases including ours. So, by virtue of the judgment delivered by the 3 judges bench, the matters tagged were disposed of, technically without listening to the side of petitioners, to which I think it shouldn’t have happened. 

    There are numerous cases which I can’t mention all of it here. So keeping it in short. 

    You mentioned working with Dr. Pradeep Kumar Rai, Vice President of the Supreme Court Bar Association. What were some of the most valuable lessons or experiences you gained during your time with him, and how did it shape your legal career?

    Since I already had experience working with Senior Advocate and briefing seniors on earlier occasions, prior to joining him, it was like a cherry on cake for me. Before becoming Advocate on record, I worked there as a senior associate and handled a variety of matters of the Supreme Court, District Courts, Tribunals as well. One of the memorable experience with him was that as soon as I joined his office in the year 2021, I got the opportunity to brief a criminal matter before Vikas Singh, the then President of Supreme Court Bar association, led by Pradeep Sir.  It was an enthralling experience to assist and brief Vikas Sir in the criminal matter.  As a young lawyer, it is the duty of him/her to rise to the occasion and see to it that the faith and trust of the Senior should not be shaken.  Briefing and assisting senior is two different aspect altogether. The sharpness of mind, argumentative skill, confidence, organized, persuasive, intelligentest are the components of becoming a sharpened advocate.

    Amongst so many valuable lessons taught by Pradeep Sir, one of them out of so many of them was:

    ‘Never do work half heartedly, do it wholeheartedly and with confidence’, Such words motivates you to do better in the longer run. Some of the things that I have learned from him would play a vital part in my long journey in the field of litigation. Essential things before briefing a senior advocate

    For E.g. Reading the facts in a crisp manner, make sure to note it down if you are not capable of grasping it initially, note down the provision/law, if any involved pertaining to that case, qua the judgments in your favour or against you, make yourself aware about the day to day judgments of various High Courts/tribunals/forums and of course, of apex court,  briefs has to be shorter, highlight the main ground of the case and so on so forth. It is true to say that recognition as a lawyer in the legal field is the prominent one. The face value and the recognition that I had received as a junior of Pradeep Sir is invaluable. It is something which doesn’t last but you have to create your own name to sustain in this profession and that is exactly what happened after working with sir and post clearing advocate on record examination in 2023.

    One of your recent achievements is becoming an Advocate on Record at the Supreme Court of India. Can you tell our listeners about the significance of this accomplishment and the responsibilities that come with it?

    As a first generation lawyer, It is a matter of pride, honour, privilege to become a reputed part in the highest court of country

    Nowadays, the debacle of professionalism and ethical standards dropping day by day in Advocate on records has seriously concerned the judges of supreme court. AOR has much more onus rather than merely signing of the petition. On behalf of the party, an Advocate on Record can file a petition, draft an affidavit, file a Vakalatnama, or any other application at the Supreme Court. A registered clerk assists AOR in procedural aspects.

    The court not only requires AORs physical presence but effective assistance from AOR is also required. He is a seeker of justice for citizens of this nation. An AOR is much more accountable than a senior advocate , who is responsible for whatever is written and pleaded by putting his appearance to maintain solemnity of court records. The institution of Aors is to facilitate working of court as mentioned in Order IV Rule 6 of Supreme court Rules.

    For the first time, as an intern I entered the premises of Supreme court in the year 2011, at the time of pursuing law (4th year), vacation bench was presiding In the court no.1 where bench of former CJ S.H. Kapadia and J. Altamas Kabir were taking up the urgent matters,  I was awestruck seeing the arguments by some of the senior lawyers at that time and then I had decided in my mind that I will soon practise here. 

    Let me tell you firstly about the Advocate on record examination. Every year the Supreme Court of India conducts an Advocate on record exam for the lawyers who want to establish his/her own practice in the Supreme Court. It is one of the  toughest examinations in the fields of law attempted by numerous lawyers. Precisely to say every year around a thousand lawyers/aspirants having an experience over five years or more, so, write this lengthiest exam. And only a few could crack this examination. Consecutively, in Successive years 2021 and 2022 examination approx. 500 lawyers have become advocates on records, prior to this, the numbers were very minimal. At Personal level, the Significance of this accomplishment becomes imperative for two majorly reasons :- Firstly, a non- legal background lawyer cracking this examination, Secondly, it was essential for me to make my name and register it in the Supreme court, by hook or by crook and I did it in the 3rd attempt.  Failing in the last two attempts given in 2018 and the post covid, in 2021  were depressing years. Then I found a ray of hope and flushing out all my negative approaches, appeared again and cleared the AOR Examination in my 3rd attempt. They say ‘TRY TRY UNTIL YOU SUCCEED’. 

    Could you share some insights into your daily work routine and the challenges you face as a legal professional, especially when dealing with cases in the Supreme Court and High Court?

    From the past year, I am into independent practice, the timings are a bit relaxed. Prior to this, it was bit hectic and as it should be since a fresher/junior during commencement of his/her practise either in litigation or at corporate, whatsoever the field may be,  is supposed to do constant hard work, to be persistent in carrying out various tasks of various courts in order to succeed in legal profession and that’s exactly just like others I had followed the same.  

    I wake up, have breakfast, drop my kids to school and then rush to the court in early hours as I don’t want my cases listed to get automatically Passover and then to wait for the whole day for my matter to reach. By this way, reaching the court, either its High court or Supreme court or any other district court, I avoid traffic congestion. You have your whole day once I am done with my matter. This is the kind of work I learned at the initial stage of my internship and then carried it off in my early stages of litigation practice.  

    Above all this, Fitness plays a significant role in shaping my legal career. I have become more focussed, punctual, more energetic, less impulsive after doing some workout in late evening.   

    Our routines become ingrained in our brains. They are made up of a series of habits. Changing your work routine is difficult, for it requires tackling many habits. 

    In your extensive career, you’ve handled a wide range of cases and legal matters. Are there any particular cases or moments that stand out as particularly memorable or challenging for you?

    From 2012 till mid 2023, I have had encounters with multiple cases in criminal side, civil side, corporate side as well, both at district, High Court and Supreme court. My memories with each case are very special because of which I grew as a lawyer and as an individual , I not only thrived for social justice but also embraced life long learning. 

    I find matrimonial disputes and child custody cases are the most challenging ones, since you have to fight tooth and nail to defend your client whether it’s a husband or a wife, or the case relates to custody of a child. Mediation plays a vital role in settling the disputes between the parties. There was such a peculiar case where I was representing husband, a retired IAS Officer in multiple cases filed against my client by his wife who was also an retired IAS officer, that is to say, maintenance u/s 125 CRPC, Domestic violence case under section 12, and FIR was already lodged u/s 498a. They were into court battles for so many years and the remedy I could see was through mediation. However, in a number of dates fixed for mediation, the matter could not be solved and it went back to court again and now its sub-judice. So many sittings in mediation and yet marital conflict- issues involved between both aged parties remained status quo and didn’t sorted it out.  

    For instances some of the cases I assisted and as independent counsel argued for are listed below  : – 

    1. Acquittal of husband/client in false dowry demand case (u/s 498a, Sec 2/3 DOWRY Prohibition act)
    2. 12 Writ Petitions before Delhi High Court against setting aside ex parte order of labour court, filed on behalf of management company to reinstate services of labour from date of their termination along with back wages  – notice was issued and Settlement arrived between both management and employees at Later stage. 
    3. Statutory Bail granted under POCSO Act 

    At present, I am handling various arbitration matters with land acquisition, both at district level and high court level, which is a bit complicated but intriguing also.   

    Given your experience in the legal field, what advice would you offer to law graduates or young lawyers who are just starting their careers in law? What key principles or values have helped you succeed in your journey as a lawyer? 

    Nowadays, a career in law opens up a plethora of possibilities. Firstly, the law graduates/young lawyers should explore career options and must be decisive in their choice of practise whether its litigation practice, (civil side or criminal side), law firm, corporate practise, judicial services , academics and research, Public prosecutor,  Judge Advocate General  (JAG ) Officer.  

    Learning to practice law can be daunting sometimes and it takes some time for junior lawyers to comprehend the technicality and procedural court work. Don’t disheartened, discourage and lose your heart if you are unable to understand the functioning of the courts. You will get it through your sheer hard work, by dint of persistence, self determination. Moreover, read the judgments of supreme court, High courts, Tribunals etc. to enhance your knowledge on various laws discussed in several judgments. Any case, in a free time, if you don’t have anything to do, or not in a mood to research, then peruse constitutional law judgments. Establish your IQ more on constitutional aspects. By reading judgments, you merely not only improve your legal vocabulary, it gives you a better understanding of the law and the legal idioms/ phrases that is being used in the judgments, you can learn it also by continuously reading it. All these you can put it in drafting and in your communication skills which further cultivates in honing your argumentative skills before the court.

    You can regularly  read whether from online legal search engines or from journals, depending on your preference.  In this age of technical advancement, one can now easily access and also learn the art and craft of legal arguments/submissions made by legal luminaries in constitutional hearing matters. 

    I have come a long way from being a mediocre law student to a lawyer holding the highest position in the Supreme court. I have always been a keen learner, enthusiastic, and determined person. Giving the best in your profession and Being an honest to your profession has been my primary goal. Time management is the key to success. Value the time. I valued the time at each interval of my litigation practice. My next advice would be ‘value the time, don’t waste it. Time won’t come again. Take baby steps at once and keep working hard, success will come your way, if not today, then in coming years.  

    “AT ANY STAGE, DO NOT UNDERVALUE YOU, UNDERESTIMATE YOURSELF, UNDERMINE YOUR SELF BELIEF, UNDERMINE YOUR SELF DETERMINATION” 

    As the founder of your own law firm, “Chambers of Kunal Yadav,” what motivated you to start your practice, and what are your goals and vision for the firm’s future?

    I am sure that every law student / graduate lawyer has this huge dream of having his/her own law firm. Mostly , some of them initiate the setting up of a law firm, right after graduation , some of them don’t start them at all. While few of them start a bit late. In today’s competitive environment, it’s a challenge for even the most qualified lawyers to maintain and grow a successful law practice in India.  

    I have quite an experience in various law firms based in Delhi and after witnessing the positive growth of associates , working under a good leadership, thus in a positive environment and working cultures of those litigation law firms, I took the decision of having my own firm. Who doesn’t want to be his own boss , right ? 

    I had thought of establishing and commencing my own firm some day. Before leaving the last office where I worked, I had completed 10 golden years in the legal profession. As of now It has just been a year as an independent practitioner, let’s see how and where this wind goes . 

    I always believe that a healthy environment in the law firm should sustain rather than a toxic environment.  

    As a founder of my  new firm, I am looking for new avenues, new recruits which would aid in taking the firm to greater heights.

    Get in touch with Kunal Yadav

  • “From Legal Legacy to Entrepreneurship”- Learn about her transition from aspiring journalist to a first-generation lawyer, fueled by the transformative power of legal concepts and a calling that couldn’t be ignored, Founder of Law Office of Paromita Majumdar

    “From Legal Legacy to Entrepreneurship”- Learn about her transition from aspiring journalist to a first-generation lawyer, fueled by the transformative power of legal concepts and a calling that couldn’t be ignored, Founder of Law Office of Paromita Majumdar

    This interview has been published by  Priyanka Karwa and The SuperLawyer

    You have an extensive legal career with experience in various roles and different areas of law. can you share the story of how you got started in law and what motivated you to pursue a career in the legal field?

    Choosing a career path is often a journey of self-discovery, and mine was no exception. My initial plan was to pursue journalism. I have always been an unabashed talkative soul, fuelled by a desire to communicate and express myself.  I have always been fascinated with languages, especially English, Hindi, and German. So, the power of words and the art of expression held a special place in my heart. Political science was another one of my favourite subjects. All of this felt like the perfect backdrop for a successful future in journalism.

    Right after my last board exam, my parents suggested that I explore the field of law, in addition to pursuing a career in Journalism. At first, I was somewhat hesitant. But as they say – curiosity is a powerful force. As I delved into the subjects covered in law entrance exams, a transformation occurred. Legal concepts and the intricacies of the justice system began to grip my imagination. The more I learned, the more I realized that law had the power to shape societies, challenge injustices, and, most importantly, provide a platform to voice my convictions.

    So I decided to take the plunge and appear for law entrance exams. To my delight, the study of law ignited a profound passion within me. It wasn’t merely an alternative path; it was a calling I couldn’t ignore.

    I achieved a commendable rank in the Delhi law entrance exams, and got my admission to Amity Law School, Delhi (Guru Gobind Singh Indraprastha University). At that time i.e. in 2007, Amity Law School, Delhi was recognized as the 7th best law college in India.

    My decision to enter the legal profession is not solely rooted in academic interest; it’s also deeply intertwined with a rich family legacy that has shaped my aspirations. From a young age, I heard captivating stories about my grandfather (Dadu), the late Sh. Jadhugopal Majumdar, who was a renowned criminal lawyer in Bangladesh. Unfortunately, I could never see him in person but his reputation as a legal luminary and his unwavering commitment to justice made a lasting impression on me.

    In addition to my grandfather, my family boasts another legal stalwart in the form of my father’s maternal grandfather, the late Sh. Sharatchandra Sengupta. His brilliance in the legal profession was so evident that people at that time used to admire him as the sharpest of lawyers in Bangladesh. He selected my grandfather as his son-in-law, recognizing the extraordinary talent and dedication that ran in the family. The union of these two legal luminaries not only enriched our family history but also cemented the importance of the legal profession as a cornerstone of our legacy. Many of our family members hold a firm belief that, following in my grandfather’s footsteps, I have the potential to carry the torch forward.

    How do you manage and oversee a diverse team while handling cases across different locations in your current role as the Founder of the Law Office of Paromita Majumdar?

    I firmly believe that effective leadership begins with personal growth and capability development. To lead a team successfully, one must first become a credible individual that others can look up to. A leader must lead by example and by themselves demonstrating the values they expect from their team. It’s a principle I hold dear and consider fundamental to any leadership role. This not only builds respect and trust within the team but also provides a solid foundation for effective leadership.

    I also believe that as a senior, you should be well-acquainted with the unique strengths of each of your team members. In a dynamic place like Delhi – where there are numerous courts and tribunals to be covered in a single day – it is important to be able to delegate tasks to the team strategically according to their expertise, capabilities and interests. It’s a practice that not only enhances our productivity, but also encourages their personal and professional growth.

    However, I won’t sugar-coat the challenges of managing an inter-city legal team. It demands trust, self-discipline, constant evaluation, follow-ups and introspection. The demands of this profession can leave little room for your personal life. Yet, amidst these complexities, there is a deep satisfaction in doing what you love.

    I especially relish being involved at every level, from coordinating with associates outside Delhi to personally representing our clients when required. Stepping out of my comfort zone and practicing in courts outside Delhi has been particularly fascinating. While Delhi has always been my primary place of practice, I have a deep appreciation for the unique procedural intricacies of other cities. I love making professional bonds with lawyers practising in different regions of the country. These bonds prove invaluable when our clients require representation in cities beyond Delhi.

    Time management in order to make the travel plans is another challenging aspect, sometimes when I have to attend a matter outside Delhi, and there are matters also listed in Delhi Courts, that is when my immediate team in Delhi comes to the rescue.

    In essence, managing a legal practice and a dedicated team is a dynamic and intricate process. It requires a shared commitment to delivering the best service to our clients, a willingness to adapt to new situations, and the ability to work together, even when geographically separated. The satisfaction of this journey is not only in the legal victories but also in the bonds forged and the sense of purpose that drives us forward.

    Your career includes experiences in different law firms. How has each experience contributed to your growth as a legal professional, and what key takeaways have you gained from working in various law offices?

    My path in the legal profession has been a unique and purpose-driven one, guided by a dream to practice in the top court of the country.  From the outset, I harboured an ambition to argue cases in the apex court, even without fully comprehending the need to lay a robust foundation in the lower courts first. After graduating, I approached Madam Bina Madhavan, a well-respected legal practitioner, and expressed my desire to work as a chamber junior in the Supreme Court. However, Madam Bina Madhavan provided me with invaluable guidance. She emphasized the importance of acquiring a profound understanding of the trial courts and the fundamental legal procedures before setting my sights on the apex court. Her wisdom resonated with me, and I am forever grateful to her for steering me in the right direction.

    And so, I embarked on a journey of exploration and self-discovery. I joined a chamber in Tis Hazari court, Delhi, and spent a significant period, nearly two and a half years, practicing in the District courts of Delhi. During this time, I immersed myself in a diverse array of cases, including bail applications, matrimonial disputes, cheque bounce matters, cases of cheating, theft, and more. This first-hand experience equipped me with a well-rounded perspective on the legal profession.

    Crucially, my time in the District courts exposed me to the nuts and bolts of legal work, which I consider essential for every lawyer. Beyond courtroom appearances, I mastered the art of filing, navigating and rectifying procedural defects, re-filing, handling PFRC work, ensuring the proper service of summons and warrants, and the meticulous process of preparing bail surety bonds. It became evident that the role of a lawyer encompasses far more than courtroom advocacy, and I embraced this holistic approach to the profession.

    In 2014, I took a significant step towards my dream when I joined Mr. Ankur Mital, an Advocate-On-Record. He generously provided me with the opportunity to assist him in my first matter before the Supreme Court. This experience was akin to taking my first significant step towards my long-cherished goal.

    Subsequently, in June 2015, I joined J.S. Wad & Company, a well-regarded Advocate-On-Record office in Delhi, further deepening my understanding of the legal intricacies involved in Supreme Court practice.

    From 2018 to 2023, I extended my horizons by associating myself with various law firms in different capacities. This enriching experience allowed me to continually evolve as a first-generation lawyer, discover my true passion, and build a well-rounded foundation in the profession. After 11 years of hard work and learning, I started the Law office of Paromita Majumdar (LOPM) in June, 2023 and have been enjoying the journey till now. Ups and downs are part of the profession; all days are not good days however there is a different kind of mental satisfaction which I get by doing my own work in my own way. I have a wonderful team of associates who are always ready to accept and meet any kind of challenges that are thrown at them be it late night drafting, urgent filing or handling a difficult client or any complicated legal research. Hence I am glad to have my team which is very supportive and never lets me down in situations of crisis.

    In essence, my journey reflects a deliberate and dedicated approach to the legal profession. I granted myself the time and exposure needed to learn, grow, and discern my true calling within the legal landscape. Today, I stand before you as a lawyer deeply committed to the pursuit of justice and equipped with a multifaceted skill set, honed through diverse experiences and unwavering determination.

    You have worked on a wide range of cases, from civil and commercial matters to bail applications and demolition cases. Can you share a memorable or challenging case from your current role and you approached it?

    When one practices at the pinnacle of the country’s legal system, encounters with idiosyncrasies become an inherent aspect of the profession. In such a realm, parties often find themselves at the culmination of their legal journey, having exhausted all available remedies and received unfavorable rulings from lower courts. It is in this ultimate juncture that they turn to the apex court, hoping for some relief. The most formidable challenges arise in cases where petitioners apprehend to get arrested at any moment or the impending demolition of their properties.

    In these urgent scenarios, time becomes a scarce resource, and the preparation of Special Leave Petitions (SLPs) is a task that demands overnight dedication. The immediate pursuit of a hearing becomes paramount, leading to SLPs being drafted hastily and filed the next morning. Amidst these high-pressure circumstances, a particular case from my initial days of independent practice stands out—a case which brought me some recognition in the Supreme Court of India.

    This memorable case involved individuals hailing from economically weaker section of society, struggling with demolition notices issued by the Municipal Corporation targeting their homes. Initially hesitant due to strong adverse observations from the High Court, I eventually acceded to their persistent requests and filed SLPs on an urgent basis.

    The pivotal moment arrived on the day scheduled for the houses’ demolition at 2:00 PM. At 10:30 AM, positioned at the top of the mentioning list in Court No. 1, I presented the matters before the Honorable Chief Justice of India. Describing the urgency and gravity of the situation, I sought the court’s intervention. The Honorable CJI, acknowledging the exigency, graciously granted a 3-day stay order, providing a temporary relief until the matters could be heard on their merits.

    Those 72 hours proved crucial, affording the petitioners a breathing space to fortify their case and secure the services of a senior advocate. Although the SLPs were eventually dismissed due to technical reasons, the experience proved to be a defining and challenging chapter for both myself and my team. It not only showcased our dedication to justice but also served as a testament to our resilience in the face of adversity.

    You have empanelled with private companies as their legal counsel, handling due diligence, drafting agreements, and advising on legal issues. What are some common legal challenges companies face in their day to day operations, and how do you assist them in addressing these challenges?

    I am a legal counsel for some mid-level NGO’s, IT firms and builders. A prevailing concern among the IT enterprises revolves around challenges emanating from employment contracts and the safeguarding of confidential data. A recent case which I am dealing exemplifies the ramifications of a poorly drafted Non-Disclosure Agreement, wherein the company incurred substantial losses. An ex-employee exploited the inadequacies in the agreement, absconding with confidential data, the company laptop, and important softwares, collectively valued at over 10 Lakhs. Civil and criminal proceedings have been duly initiated against the said employee by my office.

    Besides, Trademark clashes also stand out as another recurrent issue for such companies. We often are required to draft cease and desist notices, responding to instances where similar marks are utilized by other entities in the same class of services.

    On the builder’s front, a pervasive challenge pertains to project completion issues, often resulting in legal actions instigated by aggrieved home-buyers. I recently aided a distinguished builder in Mirzapur to effectively abandon a project, rescind all allotment letters sans legal repercussions, and resolve outstanding litigations. My approach pivots towards proactively seeking solutions rather than dwelling solely on challenges. The overarching goal is to position the client in a win-win scenario, maximizing outcomes with minimal investments.

    Apart from handling the litigation and Arbitration work, my practice extends comprehensively to cover a spectrum of contractual work crucial to these businesses, including franchise agreements, collaboration agreements, and more. Emphasizing the importance of articulating clauses with precision to avert ambiguity, my office diligently ensures the legal instruments align seamlessly with the client’s objectives.

    Moreover, recognizing the aversion to protracted legal battles, our clients often seek preventive actions to avoid visiting courts. Most of my clients seek my opinion before entering into any agreement or any kind of arrangement with any party in order to avoid any future conflicts.  These facets summarizes the multifaceted support my office extends to the companies with which we are currently empanelled, underscored by a close and collaborative working relationship that occasionally leads to on-site visits for document reviews.

    In your role at Legacy Law offices, you managed the dispute resolution team and handled arbitration cases, could you elaborate on intricacies of Arbitration , especially in the context of construction contracts and share any notable cases or challenges you encountered?

    Arbitration holds a special place in my legal affinity, primarily due to its non-adversarial nature, emphasizing meticulous evaluation of contractual clauses by an impartial arbitrator. In the realm of construction contracts, arbitration has emerged as the preferred method for dispute resolution. Common issues in construction disputes encompass aspects like payment disputes, contract scope, design discrepancies, quality and safety concerns, and losses incurred due to unforeseen events, such as Acts of God.

    In the constitution of arbitral tribunals for construction disputes, parties are choosing a judicious blend of technical and judicial members. This ensures that the tribunal comprises individuals possessing a comprehensive understanding of technical intricacies related to construction projects, often including retired government chief engineers and architects etc. Remarkably, detailed dispute resolution mechanisms are now integral components of construction contracts, tailored to the unique demands of each project, promoting efficiency in both time and cost.

    Notably, these contracts often incorporate multi-tier dispute resolution processes, encapsulated in escalation clauses. For instance, a Nego-Med-Arb clause may stipulate a sequence of negotiations, formal mediation, and ultimately binding arbitration. In instances where negotiation, conciliation, or mediation fails to yield resolution, parties often progress to binding arbitration.

    In India, the Arbitration and Conciliation Act, 1996, governs the procedural aspects of arbitration. This legislation provides clarity on arbitrator appointment procedures, interim relief from courts or arbitrators, judicial interventions, and the setting aside of arbitral awards, encompassing both domestic and international commercial arbitrations. A nuanced understanding of this Act, coupled with the specific dispute resolution clauses within the contract agreements, forms the pathway to effective dispute resolution.

    I remember a particularly intriguing arbitration case involving the Food Corporation of India, concerning the construction of food grain silos, a mere ambiguity in a clause led to unreasonable delay in appointment of the Arbitrators and multiple petitions under Section 9, 11 and Section 14 before the Hon’ble Delhi High Court. Meanwhile, our client’s bank guarantees were also encashed. The crux of the matter revolved around whether the reference to certain rules in the clause was mandatory or if parties had the flexibility to mutually choose alternative rules. Ultimately, a three-member arbitral tribunal was appointed by the court, and the disputes were successfully referred to arbitration.

    During my tenure as Associate Partner at the Delhi office of Legacy Law offices, I had the privilege of leading a dynamic team in dispute resolution under the astute management of Mr. Gagan Anand, Managing Partner, and Ms. Sadiqua Fatma, Senior Partner—both exemplary mentors. Under their guidance, I navigated several compelling arbitration cases and secured favorable awards for our clients.

    A pivotal moment in my professional journey unfolded when I argued on behalf of a contractor in arbitration proceedings related to the construction of a tunnel in Jammu and Kashmir. While the award favored our client, it currently faces challenges before the Hon’ble Delhi High Court. The crux of the matter revolved around a project suspension, an action not expressly covered in the contract. Despite the withdrawal of a writ petition challenging the suspension, the authority attempted to reopen the issue before the learned sole arbitrator, a move promptly disallowed.

    In addition to the tunnel project, I’ve had the privilege of handling various arbitrations involving the construction of tunnels, roads, silos, bridges, and dams, each presenting unique challenges and opportunities for resolution

    You have briefed and worked with renowned senior counsels in the Supreme Court of India, what is it like to collaborate with such eminent legal professionals, and how does this collaboration influence the outcome of cases?

    During the period spanning from 2015 to 2019, while employed with an AOR (Advocate on Record) firm, I routinely found myself in the privileged position of briefing esteemed senior counsels in India, such as luminaries like Mr. Mukul Rohatgi, Dr. Singhvi, and Mr. Kapil Sibal. Engaging in conferences with these legal stalwarts provided me with a unique opportunity to closely observe their cognitive processes and strategic approaches to various cases. In the presence of such legal luminaries, direct instruction was often unnecessary, as their methodical application of law and logic served as an invaluable educational experience for me.

    Collaborating with these eminent seniors bestowed upon me the profound advantage of assimilating their distinctive thought processes. Witnessing their adept and precise application of legal principles not only enriched my professional skills but also cultivated a deeper understanding of the nuances within the legal profession. The result-oriented nature of our conferences necessitated the seniors to expeditiously apply their theories and logics to legal questions, formulating effective solutions and strategies customized for the upcoming hearings.

    I remember, in a case where we were unable to formally brief Mr. Rohatgi due to his demanding schedule, he reassured us that he would grasp the matter during the court proceedings. Positioned outside the courtroom, with our matter just 10 items away from its turn, I was taken by surprise Mr. Rohatgi appeared suddenly and asked me for a concise overview of the five crucial points of the case, I swiftly adhered to his instructions and provided the briefing within a mere five minutes.

    I literally wondered, armed with this brief yet comprehensive understanding of the matter, Mr. Rohatgi entered the courtroom and adeptly presented those five points before the bench. The outcome was a stay order secured promptly for our client. As a budding legal professional, these instances became invaluable take-home lessons for me. Similar encounters with other senior lawyers further compelled me to refine and streamline my approach to applying legal reasoning whenever confronted with a complex legal issue.

    Finally, what advice would you give to aspiring lawyers looking to specialise in specific areas of law like business law or arbitration?

    My first and foremost advice to aspiring lawyers is to invest ample time in evaluating their areas of interest before making any hasty decisions. Particularly for first-generation lawyers, patience is paramount. The legal profession demands a profound commitment to reading and comprehending the practical dimensions of the law. Reflecting on my early experiences, a seasoned colleague once wisely remarked that the five years of legal education merely serve as a ticket to the movie—the true narrative unfolds when one enters the realm of actual legal practice. There is a huge difference between the theoretical studies and the realities of actual legal practice.

    Furthermore, I urge young lawyers to prioritize reading the law thoroughly before dispensing advice to clients. A proficient lawyer is, above all, a diligent reader. Repeated readings of a document can lead to different interpretations, highlighting the nuanced complexity of legal matters. Staying abreast of the latest Supreme Court rulings and legislative amendments, attending seminars, and engaging in continuing legal education is crucial. Being well-versed in the current legal landscape allows you to confront situations armed with the knowledge of prevailing laws, enabling you to apply them judiciously to the specifics of a case and determine the optimal course of action.

    When delving into business laws and arbitration, both of which involve extensive document analysis, it’s essential to recognize the inherent significance of each document. In arbitrations, voluminous files are commonplace due to the fundamental role of document interpretation. Understanding the intricacies of a case and securing a favorable order or award for your client hinges on a meticulous examination of these documents. Notably, many of these documents are crafted by corporate entities through their in-house legal advisors, rendering the identification of loopholes challenging. A thorough and patient analysis of these documents is the key to navigating and finding solutions in these intricate areas of law. My last advice would be to always uphold the highest ethical standards in your practice. Integrity is crucial in building trust with clients, colleagues, and the legal community. By steadfastly adhering to the principles, you not only preserve your personal integrity but contribute to the overall credibility and trustworthiness of the legal profession.

    Get in touch with Paromita Majumdar —

  • “Championing Justice: A Trailblazer in Supreme Court Advocacy” From a Medical Background to the Apex Court: Unraveling the Remarkable Journey of a Pioneering Criminal Law Advocacy”- Advocate on Record Divya Jyoti Singh

    “Championing Justice: A Trailblazer in Supreme Court Advocacy” From a Medical Background to the Apex Court: Unraveling the Remarkable Journey of a Pioneering Criminal Law Advocacy”- Advocate on Record Divya Jyoti Singh

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

    Can you share your journey of becoming an Advocate on Record and your motivation to specialize in Criminal Law, as evidenced by your LL.M. in Criminal Law from the Indian Law Institute?

    I am a first generation lawyer, nobody even in my distant family belongs to or is associated with a legal background. After pursuing my B.A.LL. B (5 years integrated course), I wanted to pursue LL.M. to add to my resume; as I come from a medical background and always had an inclination towards higher studies. After clearing a few entrance exams for LL.M., I opted for Indian Law Institute.  There were two branches available for masters one being IPR and the other Criminal Law. As I always had a thing in me for litigation, I chose the latter. I was lucky enough also to have the finest professors teaching us.

    Advocate on record also was something which emerged from the fact that I am a first generation lawyer, as with no assistance or guidance I felt that clearing the AOR exam will help me in establishing myself in the Hon’ble Supreme Court, as the Hon’ble Supreme Court recognizes only two sets of advocates: i). Senior Advocates and II) Advocate on Record; as per the Supreme Court Rules. 

    You’ve written a dissertation on “Pardoning Power of The President Article 72 Of The Constitution Of India.” What led you to choose this topic, and what were some key findings from your research?

    The topic for my dissertation again culminates from the fact that I have keen interest in the sphere of criminal law. It was intriguing to know the development from the death penalty being given very commonly to the rarest of rare cases and thereafter the effect of the Mercy Petitions as we call the power of the president under Article 72 of the constitution of India. Research included the recommendations of the Law Commission Report and study of the death penalty across the globe.

    In addition to your specialization in Criminal Law, you’ve also written research papers on “Juvenile Justice” and “International Law in reference to Right to Food.” How do these areas of study tie into your legal career and advocacy work?

    The best part to pursue masters from the Indian Law Institute was that we had to submit various papers during our course and this apparently helped me to have better research skills which eventually helped me and till date helps me by inculcating the habit of researching some case laws on a daily basis; it also helped me to develop patience to read lengthy judgments and keep myself updated with the latest developments in legal field.

    Your professional experience includes working with Designated Senior Advocate. Could you tell us about your responsibilities and experiences during this period and how they contributed to your legal career?

    During the brief stint of period I was associated with the senior, I was assigned duty to research and prepare statements of cases. I was also given free hand to deal matters before the Registrar Court in the Hon’ble Supreme court. The exposure that I witnessed was essential for me to understand the knitty-gritty of the profession; also it helped me to understand the court craft. I also got an opportunity to listen and observe some of the finest advocates which helped me a lot to learn by observing the Art of advocacy; skill of argument, to learn the importance of body language, etc. and how one should conduct themselves during an argument.

    You’ve represented the Government of India and the State of NCT of Delhi before the Supreme Court. Can you share some memorable cases or experiences from your time as a ‘Panel B’ advocate for the Union of India?

    Being a panel counsel gives one immense exposure, as we get a chance to represent different States, Central Government and various PSU’s. The maximum litigation that occurs in supreme court is wherein the government is a contesting party and thus the government has huge stakes and so do we as we represent the government.

    You’ve filed Public Interest Litigations and intervention applications in the Supreme Court, leading to legislative changes, such as the incorporation of provisions in the Consumer Protection Act. Can you discuss the impact of these legal actions on consumer rights and advocacy?

    The PIL filed by me pertaining the consumer awareness was particularly at the time when there were infiltrations from the Chinese side at the border and as an aware citizen of the country i felt the necessity of the awareness of the consumer before purchasing anything by way of e-commerce as the decision of the consumer should be an informed decision. The data of this year again shows that there is a humongous loss to the Chinese government as the Indians had chosen the local products over the other products.

    You’ve taught various law subjects as a visiting faculty. How has your teaching experience influenced your approach to legal practice and advocacy?

    In our field everything is connected and as the proverb exists Knowledge is the power so would i say that while teaching i used to extensively study and prepare for the classes; this helped me as well to have a grasp upon the subjects. I would like to add here that law is a field where no amount of reading, be it related to legal field or otherwise, goes unused or un utilized. One may never know that when one gets to deal with a particular matter about which you must have read way back; but as there would be little knowledge about the same, that will give confidence to study more about it and take up the case.

    As an accomplished legal professional, what advice would you like to offer to fresh graduates who are embarking on their legal careers or considering a specialization in law?

    To all the aspirants who are keen to take up litigation, my advice would be that do not shy from hard work, develop a habit of reading, this will take you a long way. Develop discipline and patience. The field of litigation is not for the impatient. But I can surely say one thing from my own experience: having Patience and perseverance is of utmost importance in the litigation field. One should also try to have as I call them 3 D’s- Determination, Discipline and Devotion to not only sustain in this profession but these 3-D’s will help one to achieve great heights. 

    Get in touch with Divya Jyoti Singh —