Super Lawyer

Tag: Civil Law

  • When you are a fresher, it is very important for you to find the right mentor and organization which can help you realize your abilities and nurture your potential in the profession- Yugal Anjana Bhatia, Partner at AJURE ADVOCATES & CO.

    When you are a fresher, it is very important for you to find the right mentor and organization which can help you realize your abilities and nurture your potential in the profession- Yugal Anjana Bhatia, Partner at AJURE ADVOCATES & CO.

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

    You’ve had a unique upbringing in Dubai, UAE, with a family history deeply rooted in the Gulf region. Can you share how your family’s background influenced your decision to pursue a career in law, especially given your early exposure to your mother’s law office?

    I am the fifth generation rooted in the Gulf. My mother, with over two decades of legal practice in Dubai, paved the path in law for our family. My initial aspiration was mechanical engineering, driven by a deep passion for automobiles. However, due to my physics grades falling short, this dream was not achievable.

    The idea of me becoming a lawyer was uncertain by my family and friends, as I lacked the skill of argumentation and experienced stage fright on major school events. Despite these doubts, I decided to study law in India. 

    During my third year of law college, I began interning with an independent advocate, exposing myself to the courtroom dynamics, which gained my interest in the legal profession, particularly in Mumbai. This transition was challenging as I found myself having struggles equivalent to a first-generation lawyer in Mumbai, whereas people till date do look up to me as a second-generation lawyer.

    You’ve worked on a wide range of legal matters, from property and municipal laws to consumer and society laws. Could you tell us about a case or project that you found particularly challenging or rewarding during your career so far?

    Throughout my career, I’ve encountered various challenging legal cases, each case is unique in its own way. Cases representing a Promoter/Developer in an application under Section 11 of the Maharashtra Ownership of Flats Act (MOFA) before the District Deputy Registrar are challenging at times. These cases often presented intricate legal and factual complexities when opposing them. MOFA mandates a swift resolution within six months of filing, which can be very challenging at times as property laws, society laws and municipal laws have to be kept in mind. Section 11 applications under MOFA are conducted in a summary nature. 

    I vividly recall a last-minute briefing during the second lockdown, where I was assigned to represent trustees of a Public Trust in a matter listed before the Charity Commissioner the next day. The application sought suspension of trustees, and I requested a one-week adjournment. Despite the papers being voluminous and it not being an urgent matter keeping the pandemic in mind, the Tribunal granted time till the end of the day and kept back the matter, last on board. The bench felt that I shall prepare efficiently on such short notice. This wasn’t those types of matters where adjournments were sought by my clients or their erstwhile advocates. 

    When the matter was called out again, I strongly opposed and argued against the application for suspension of the trustees. As a result, the request for an interim suspension was denied and the order came in favour of the trustees. 

    That matter was challenging yet rewarding as today I am regularly briefed by the trustees before the Charity Commissioner and before the Hon’ble Bombay High Court.

    Your work history includes being a Partner at Ajure Advocates & Co. and practicing independently. What led you to take on this dual role, and what advantages does it offer in your legal career?

    Ajure Advocates & Co. is based in UAE which was founded by my mother. I manage the Firm’s operations in India. I decided to join the law firm to gain global exposure. I am working on attaining global presence. 

    There are several NRIs in the UAE facing legal concerns and disputes in India and it has been quite convenient for these clients to visit the UAE office and brief the lawyers there, who would further coordinate and brief me with their matters in India. This has proven to be quite efficient and also provided a level of confidence to the NRIs in UAE. This also works vice versa, as there are many clients here in India who have their branch offices of their companies or their properties in the UAE and other parts of the Gulf. They brief me with their legal queries and disputes for UAE and other parts of the Gulf.  

    Additionally, with regard to my work as an independent practitioner, my colleagues who either have independent practice or firm practice, brief me separately for their matters and I am thereafter able to attend to the same independently.

    This dual role encourages connectivity on a global scale. During the pandemic, with the help of networking platforms and technology like Zoom, I got an opportunity to connect with lawyers all across the world.  

    As a legal professional with a focus on civil law and dispute arbitration, what strategies do you employ when helping your clients navigate complex legal disputes and reach favorable resolutions?

    As a legal professional practicing in civil law and dispute arbitration, my primary goal is to always prioritize my clients’ best interests. In order to achieve this, it is necessary to hold conferences with the clients at the early stage of the dispute, to understand the specific outcome they require. Occasionally, during these conferences there is a disparity between the outcome expected by the client and the strategies advised by me. In such instances, it is important that I and my clients are on the same page. Ultimately, being on the same page with your clients is paramount in avoiding adverse orders.

    After having conferences with the clients, I also hold brainstorming sessions with my team to determine the strategy, submissions and argument. While pleadings or written statements are being drafted, it is important to have the same drafted under instructions of the clients. I make it a habit to prepare written notes of submissions which includes dates and events in chronology form along with judgements relied. Written notes of submissions are quite helpful.  

    Additionally, credit also goes to the counsels appointed and my team of juniors who assist me in ensuring that the best outcome for our clients is achieved.

    Your work history also includes a role as a junior counsel with various accomplished lawyers. How did these experiences shape your approach to legal practice and your eventual transition to becoming a Partner?

    Every lawyer has a different and unique style of practice. Working with them has helped me grow as a professional. When you are a fresher, it is very important for you to find the right mentor and organization which can help you realize your abilities and nurture your potential in the profession. In fact, having the right guidance provides you with the confidence to make mistakes and learn from it in the process. 

    The seniors I had worked with were helpful. Needless to say, I learnt it the hard way which is best for the long run. 

    Practicing with an individual advocate not only boosted my legal knowledge but also helped me learn and understand how to operate your own firm. Working with a counsel was challenging when handling high-stakes matters or matters having issues on a law point where errors were not an option due to the close-knit legal community.

    After working with such experienced seniors, it is not that I have become perfect in running my own firm or that I am a top notch lawyer today. I still make mistakes and am bound to make them. Today, at this juncture, being at this position, I learn from my own mistakes and make sure they are not repeated.

    In your career, you’ve had the opportunity to appear before various legal bodies, from the Bombay High Court to the Debt Recovery Tribunal. Can you share some insights into the key differences and challenges you’ve encountered when practicing in these different forums?

    Appearing before the Bombay High Court is different compared to appearing before the DRT, NCLT, District Courts, Family Court or Consumer Forum. A fresher can never start his practice directly before the Bombay High Court. Attaining experience by drafting, appearing and arguing matters before the District Courts and different forums is really needed. For instance, if you appear before the Bombay High Court in a matter pertaining to an Appeal from Order, challenging the impugned order passed by the City Civil Court, would be very difficult to practice it in the appellate side of the Bombay High Court unless and until you aren’t well-versed with the practice of District Courts. Similarly, matters before the original side of the Bombay High Court are of high stakes. Therefore, practicing before the Bombay High Court would not be easy until and unless and until you haven’t gained experience before the District Courts and different forums in conducting few matters. 

    When I started my practice with an independent advocate, I had the opportunity to appear before the District Consumer Disputes Redressal Commission. Gradually, I appeared before the State Consumer Disputes Redressal Commission. I further assisted my senior in one consumer complaint when he was arguing before the National Consumer Disputes Redressal Commission. Consumer Forums helped me gain confidence in my argumentation skills to appear before other Courts and Tribunals. Thereafter, I started with mentioning matters before the Bombay High Court after one year of appearances in District Courts and different forums which helped in increasing my confidence. 

    Finally, as someone with experience in personnel development and business administration within a law firm, what advice do you have for young lawyers and recent graduates looking to advance their careers and make a positive impact in their respective firms?

    Law as a profession is very vast. Today, there are various law firms that have their specialization in different areas. Young lawyers can explore their opportunities depending upon their areas of interest.

    Once associated with a law firm, avenues open to different sorts of exposure altogether. Working with their chamber colleagues ensures team work. This helps firms also as their clients are satisfied in the most effective manner.

    My advice to young lawyers would be not to give up hope and just be patient even when things look bleak in their legal practice.

    My advice to recent law graduates is to work hard, establish trusting professional relationships, and value ethics. The amount of time they give in this profession is their investment, which will give them great returns. 

    Law as a profession is growing. In the initial years, keep learning as priority instead of earning. Hard work always pays off.  

    Get in touch with Yugal Anjana Bhatia-

  • While I fully acknowledge my responsibilities as an advocate and my duty as an officer of the court, I work with an outlook that the client has engaged my services to secure the victory, not merely to secure my best efforts- Vishal Gehrana, Advocate on Record, Supreme Court of India

    While I fully acknowledge my responsibilities as an advocate and my duty as an officer of the court, I work with an outlook that the client has engaged my services to secure the victory, not merely to secure my best efforts- Vishal Gehrana, Advocate on Record, Supreme Court of India

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

    Sir, can you tell us about your journey and how you ended up becoming a lawyer and Advocate-on-Record before the Supreme Court of India?

    My journey in the legal profession started in my small hometown, Shikohabad, Uttar Pradesh. Despite hailing from the legal background, I initially found myself more drawn to the field of biology. The complexities of biology truly piqued my interest during those early days. However, fate had a different path for me, and in 2002, following my father’s steps, I decided to pursue my career in law. Little did I know that this decision would completely change my perspective and ignite a sincere passion for legal practice. I excelled as a student in my law school, and I was fortunate to have the valuable opportunity to extensively attend the civil and revenue courts and to also engage in case preparation right from my very first year in law college. I still have vivid memories of sitting in courtrooms, attentively hearing the lawyers’ arguments in unrelated cases, and diligently noting down the references of each judgment and provision cited during the hearing in my notebook. This enabled me to read most of the relevant judgments and provisions that may be used in a dayto-day practice and also gave me insights into the diverse categories of disputes. Also, my father encouraged me to regularly read the monthly law reports. He advised me to maintain a diary and write down the details of relevant judgments of each month. This not only helped me develop a good understanding of law but also improved my analytical skills as a student. Later, after relocating to Delhi, I decided to become the Advocate-on-Record before the Supreme Court of India and fortunately, I cleared it despite the challenges that came along with way. My journey has been enriching, and I am grateful for every twist and turn that led me to where I am today.

    You started your career as an independent legal practitioner at the original side. How did this experience shape your approach to resolving civil-commercial disputes? 

    I joined my father’s practice upon completing my graduation and worked on civil cases ranging from personal and family disputes to those involving the government departments and also public sector undertakings. At the same time, I also started handling and arguing my own cases at the revenue side. These early experiences honed my legal skills. I still cherish a wise advice my father gave me during my first year in law school. He told me to first seek the answers in the Bare Act, Commentaries, and the Law Reports before approaching him for any guidance. This advice gave me a strong sense of self-reliance. Undoubtedly, practical experience plays a vital role in shaping one’s journey as a lawyer. Being a good lawyer entails not just knowing the concepts but also the practical aspects of litigation! My experience as an independent legal practitioner has significantly shaped my approach in handling civil-commercial disputes. I approach every case with empathy for my client and a deep dive into the intricacies involved. My passion for law, however, remains the driving force behind my career as a lawyer. While I fully acknowledge my responsibilities as an advocate and my duty as an officer of the court, I work with an outlook that the client has engaged my services to secure the victory, not merely to secure my best efforts.

    Over the years, you have developed expertise in handling high-profile matters before various forums nationwide. Could you share some key insights or experiences from your practice that have had a significant impact on your legal career?

    Having accumulated valuable experience in civil and revenue cases, I consider myself fortunate to have had the opportunity to work on and handle noteworthy cases that not only tested my skills but also contributed significantly to the enhancement of my legal expertise. Upon relocating to Delhi, the first case assigned to me was a high-profile multi-pleading international arbitration, seated in London, wherein the dispute between the parties was related to the oil and gas fields in the western cost of India. In the course of this arbitration, I had the privilege of working with some of the most distinguished legal counsel from both India and Britain, who imparted to me invaluable lessons and knowledge. In addition to that, I also worked on international arbitrations related to the transfer of technology in the defence sector. This experience provided me with invaluable firsthand insights into arbitration procedures in different jurisdictions, level of preparation required, and the working of the foreign lawyers/law firms. After joining Karanjawala & Co., I worked on several high-profile cases, and I am deeply appreciative of the firm for placing trust in me. I would love to share about two of these notable cases. First case, that has a special place in my heart, is the Centrotrade Minerals case. I did the matter during the last two crucial rounds before three-judge benches of the Supreme Court of India. This led to the two landmark judgments of the apex court wherein the apex court legalised the concept of two-tier arbitration in India and the gave a green flag to the enforcement of arbitral award passed therein. It was an experience I will always cherish. The entire team, including the senior advocate, dedicated themselves to the case, and thanks to the collective hard work, we were able to achieve a positive outcome in this matter. The other case is Essar Steel Insolvency, which has been one of the largest cases under the Insolvency and Bankruptcy Code 2016 (IBC) regime. I have had the privilege of being part of the core legal team at all levels and working closely on this case. It all started in 2017 from a small room in NCLT, Ahmedabad and ended with the approval of the resolution plan on November 15, 2019, in the magnificent Court No. 5 of the Supreme Court of India. These two years were quite intensive and exhausting, with numerous hearings and multiple rounds at NCLT, Ahmedabad, NCLAT, and the Supreme Court. In this case, we found ourselves navigating through the intricacies of a statute that was in its nascent stage. Back then, we did not have a privilege of case laws or commentaries to lean on for guidance. This added an extra layer of complexity to our preparations. So, our team used to engage in rigorous discussions, which often escalated into spirited debates on the various possible interpretations of the relevant provisions. It was an intellectual tussle that we willingly accepted. These debates were crucial to ensure that we put our best foot forward. The entire team put in an incredible amount of effort, and their collective dedication and hard work paved the way for the positive results we achieved in these matters. Throughout this process, our senior advocates also played a vital role by guiding us in making the well-informed decisions. This case holds special importance in my heart as the two landmark judgments played a decisive role in shaping insolvency laws in India.

    You have an impressive track record in handling Corporate Insolvency Resolution Processes under the IBC. What drew you to this area of law, and how do you navigate the complexities of such cases?

    Indeed, my voyage into the world of the IBC has been nothing short of fascinating. What particularly impresses me about it is how a financially distressed corporate debtor revives under the IBC, much like a phoenix that rises from the ashes. Also, the necessity to properly balance the interests of all stakeholders distinguishes these cases from other forms of disputes. I must that the sense of satisfaction that comes from navigating thought it, as a lawyer, is truly fulfilling. My approach to handling these intricate cases revolves around thorough no-nonsense preparation, which means having an in-depth knowledge of the applicable laws and the facts of the case. It is also important to stay informed on the insolvency law developments and to understand the industry-specific dynamics at work.

    Your experience in international and domestic arbitration is extensive. Can you share some of the unique challenges and rewards of representing clients in diverse sectors during arbitration proceedings?

    Handling arbitration, whether on an international or domestic level, has been a journey filled with both unique challenges and incredibly rewarding experiences. Each case presents its own unique set of complexities, technical nuances, and industry-specific requirements, and I have had the privilege of representing clients in a variety of sectors, both in India and overseas. Effectively navigating these difficulties requires an in-depth knowledge of the specific subject. It is undoubtedly difficult, but the joy that comes from consistently growing your legal knowledge is very fulfilling. One of the main challenges in arbitration is the rigorous preparation it demands. Every facet of the case, from building your case to producing evidence or conscripting your arguments, requires thorough research and meticulous preparation. However, the satisfaction of presenting a well-prepared case and achieving favourable outcome for the clients makes all the effort worthwhile.

    As an accomplished lawyer, you have represented clients in various sectors, ranging from Real Estate and Healthcare to Information Technology and Pharma. How do you approach advising clients on legal matters in such diverse industries?

    When it comes to advising clients in diverse industries, I approach it with a practical and clientcentric perspective. I believe that understanding the client’s commercial interests is fundamental. My professor used to remind us that law is a multidisciplinary subject, and you cannot truly become a legal expert unless you are ready to delve into the subjects where you have to apply your legal knowledge. What I mean to say is that while practicing law, lawyers come across various disputes relating to industries, ranging from technology to healthcare to real estate to defence, and so on. To give clients the best legal advice, it is essential for us to have the basic understanding of these industries and the difficulties they encounter. These days clients expect more than just a legal counsel, they want trustworthy lawyers who can guide them through the practical implications of the law on their businesses. It is not just about giving textbook advise, but also about understanding how the law is developing and impacting the industries in which the clients operate. This approach allows me to give practical and strategic legal advice to the clients, ensuring that their wants are met with tailored solutions.

    You’ve been associated with well-known litigation firms like Karanjawala & Co. Can you talk about the significance of being part of such esteemed professional associations in your legal career?

    My association with Karanjawala & Co. has been a transformative experience for me. The firm handles a wide range of cases, from high-stakes and complex commercial cases to straightforward family matters. It is certainly one of the best litigation firms in the country, and the opportunities it provides cannot be equated with anything else. Every case I handled or worked-on during my association with the firm, gave me an opportunity for my professional and personal growth. I want to express my sincere gratitude to my seniors/colleagues, both within and outside the firm, who immensely contributed to my growth as a lawyer. Throughout this journey, their support has been crucial.

    Looking back at your educational journey, how did your LL.M. in Corporate Law & Governance from NALSAR University of Law contribute to your career growth as a lawyer?

    After some years of practice, I decided to pursue post-graduation at NALSAR University of Law, Hyderabad. It was a crucial turning point in my academic career. The university provided a two-year masters’ program in Corporate Law and Governance. These two years not only gave me with invaluable insights, but also provided me with an alternative perspective that benefited my career as a lawyer. The unique mix of students and the presence of prominent faculty members from all around the globe made my experience at NALSAR very special. Apart from the academics, I understood the immense power of networking and the importance of building connections within the legal community.

    Having accomplished so much in your legal career, what advice would you give to fresh graduates who are aspiring to succeed in the field of law? What qualities and skills should they focus on developing to excel in the legal profession? 

    When I reflect on my legal career, I realize that it is only the beginning. Having said that, and given my limited experience, my first and foremost advice to fresh law graduates is to work with sincerity and dedication, but also prioritize your health. This profession is stressful and draining and, therefore, selfcare is important. Second, establish a strong network of personal and professional contacts. These connections can provide crucial help and collaboration opportunities. Third, keep your client’s interest in mind at all times, try to understand their concerns from their point of view, and come up with sensible and ethical answers. Fourth, while your dedication to work is necessary, don’t forget to spend quality time with your loved ones. They sacrifice a lot for your success. Lastly, in our profession, English is gold, and it forms the foundation of effective communication at all fronts. Embrace it as your first language so that it would become a valuable tool for your legal journey.

    Get in touch with Vishal Gehrana-

  • For me, adherence to professional ethics coupled with honesty and integrity is of prime importance- Jaydeep Mehta, Advocate on Record and Designated Partner, LexStreet Advisors LLP, Advocates & Solicitors

    For me, adherence to professional ethics coupled with honesty and integrity is of prime importance- Jaydeep Mehta, Advocate on Record and Designated Partner, LexStreet Advisors LLP, Advocates & Solicitors

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

    Can you tell us about the journey that led you to pursue a career in law and establish LexStreet Advisors LLP?

    Let me start with a quote of Nasir Ali “The journey always goes, but it is not easy. It is always wrapped up with struggles and surprises” 

    My career in law was never a choice but a chance. When you do your work with good intentions with honesty & integrity, superpower plays its role. Profession of law has always been close to my heart. When I completed law graduation way back in 1989 from one of the prestigious law colleges, K.C.Law College, Mumbai,  I wanted to join practice right from day one but did not get motivation from my family and friends. Legal profession was always close to my heart. I was forced to take up a job in a private sector organization. But in my job also, I stick to the profession of law only. All throughout my career in private sector companies also, I worked in legal departments only and that is where I got opportunities to interact with various law firms and individual lawyers in Mumbai & Gujarat. During my job, 1st time way back in 1992, I got an opportunity to interact with a Senior Partner of Manilal Kher Ambalal & Co. (now MKA), a well-known law firm during the days when Harshad Mehta scam had just exposed and the Govt had then started a Special Court for tainted securities. I got an opportunity to coordinate with MKA in those days when I was employed with one of the companies of Kirloskar Group.

    After spending almost 20 years in various organizations, finally I straight away jumped into practice. Initially I started on my own and later in 2014, along with my old friends in the legal profession, we incorporated Lexstreet Advisors LLP on 5th November, 2014 and since then we have never looked back and our journey as a law firm started….

    LexStreet Advisors LLP is known for its integrity and value-based proactive services. Can you share some examples of how your firm has helped clients effectively navigate the complicated legal and regulatory landscape in the country?

    We stick to our policy and vision. We have never compromised with professional ethics, honesty & integrity. Irrespective of the size of clients, whether individual, partnership firms and corporate clients, we have dedicated the same time and resources with a proactive approach. The true value of proactive approaches does not lie in their predictive abilities. The true value lies in the disciplined process. Such approaches can examine the strengths and weaknesses in systems and services being rendered by a law firm. We listen to every client’s problem and their difficulties and understand in depth what they expect from us. The situations have arisen when we had to refuse one of our corporate clients as we were preoccupied with important assignments. This has certainly given a positive and powerful message to the corporate client. The corporate client had really appreciated our approach and next time, the same client had approached us with positive thoughts and we helped them and when they needed our assistance. 

    As a full-service law firm, LexStreet offers a wide range of legal services. Could you highlight some of the key areas of expertise and specialization within your team?

    If I have to highlight key areas, I must mention Securities law, Corporate & Commercial laws, Insolvency laws, Arbitration law, employment laws, DRT & Civil litigations as well as advisory services. Nowadays new generation law firms are not keen on civil litigation but I feel there is a big vacuum as far as civil litigation is concerned. I must also mention the non-litigation area as a practice as we have been advising the private sector as well as a couple of PSUs on legal issues. 

    Today’s  young lawyers are after M&A & PE practice but I personally feel that is not the end. Law is an ocean and it’s very crucial to select areas of practice.  At the end of the day clients must be happy and satisfied with the services.  

    LexStreet has a strong network of partners, lawyers, associates, and counsels with domain expertise. How does this network contribute to the firm’s ability to provide prompt and accurate advice to clients?

    All the partners of Lexstreet are highly experienced legal professionals having wide experience in their respective domain areas of practice ranging from 18 years to 34 years. Wide experience of every partner and associate partners have certainly contributed to the growth of the firm. We are also expanding our horizons as far areas of practice are concerned. With the introduction of new statutes by the government like Data Protection laws, Artificial intelligence, our law firm is committed to induct new talents. 

    As a designated partner and advocate-on-record with extensive experience, could you share some notable achievements or cases that you have worked on throughout your career?

    I, as an individual Partner and experienced law professional, realised that knowledge sharing is a very crucial factor. Since the last 6 years I have been regularly sharing articles on LinkedIn regularly and In-house Counsels, legal managers working in various organizations have been appreciating it. Today I have crossed close to 2700 followers / connections on LinkedIn, which is a testimony of my passion for knowledge. I have also been invited to various moot court competitions being organized by various law schools including HPNLU & Narsee Monjee. This has certainly helped to get connected with many In-house Counsels who, in turn, have been assigning briefs to our law firm.

    LexStreet places high importance on maintaining professional ethics, integrity, and moral values. How do these values translate into your day-to-day operations and interactions with clients?

    Well, let me say very honestly that today, the legal industry has turned into a big industry rather than a noble profession. However, doing business and revenue generation is one side of the profession and following professional ethics and moral values is another side of this noble profession. For me, adherence to professional ethics coupled with honesty and integrity is of prime importance, which in-turn have certainly helped us to retain our valuable clients which include large domestic as well as non-domestic companies. Business and ethics go hand in hand, if one does not follow them, they are finding it difficult to survive in today’s competitive market. 

    In the rapidly evolving legal landscape, what skills and qualities do you believe are crucial for young lawyers to develop in order to succeed in their careers?

    In today’s highly competitive market, the crucial factor is retaining existing clients and at the same time attracting new clients. I would advise young lawyers to remain very humble, diligent in his / her work is very important and more important is to maintain humility is a core value of this noble profession. For the first time, When I met one of our family friends, a retired High Court Judge for his guidance before starting my practice, he just told me, once you take up an assignment of any client, small or big, do it wholeheartedly, irrespective of any fee you get. I have kept these words in my mind.

    As a leader in the legal industry, what are some of the emerging trends or challenges that you see on the horizon, and how is LexStreet adapting to stay ahead?

    For law firms, the experience of navigating COVID-19 has accelerated the pace of change and will continue to significantly impact operations, organisational culture, and the way lawyers work. The trends that were underway before the pandemic struck to continue challenging and transforming the industry at an accelerated pace. These include client empowerment, technology adoption, law firm consolidations, new players entering the legal services sector, and value-based pricing. We are committed to adapt to the changing technology in the era of upcoming AI.

    For fresh graduates who are considering a career in law, what advice would you give them based on your own experiences and insights?Let me tell young lawyers that there is no short cut to success. Patience and perseverance will bring desired results. I would advise every young lawyer not to adopt any shortcuts to achieve success. They must be humble and respect this noble profession. Increasingly, customers expect lawyers  to demonstrate extreme trust — that is, to proactively watch out for their customer’s interests. My school batchmate, who is now a Judge in the apex court, always says that there is something like a rule of Law.

    Get in touch with Jaydeep Mehta-

  • “Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer”-Senior Advocate Manish Vashisht

    “Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer”-Senior Advocate Manish Vashisht

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

    Sir, in order to start our conversation, kindly let us know about your decision to pursue law as a career.

    Even though you have asked me about my “decision” about choosing law as a career, however, it is my firm belief that there is nothing which we decide to do but destiny plays an important role in what we do! Coming back to your question I may say that ;

    I decided to pursue law while I was in my first year of graduation in the year 1991. I did my graduation from the Govt Arts and commerce College Indore. My father initially wanted me to become an engineer but I was fond of reading and writing . Maths and physics were not my cup of tea. Sociology, Political Science and History were my forte . Studying about society and political system enhanced my skills in analysing various aspects of human behaviour. In depth study of the subjects helped me in clearing the entrance examination of law course of Delhi university in 1994 . I completed my law course in 1997 and thereafter joined the chamber of Mr LR Gupta, senior Advocate who was a distinguished civil lawyer . That’s the initial journey of my life which started in 1974 , followed by my admission in Bal Bharti Public school.

    Being a senior Advocate, how would you explain the changes which have taken place in our judicial system over the time and if any, kindly express your views upon the same.

    Our judicial system is indeed a dynamic one . When I started my career in 1998 a system was placed for the new entrants to complete a six months training programme , for those who wanted to appear for judicial services they were required to undergo a couple of years of training under an advocate. Gradually these programmes were changed. Many people would have different opinions on the practices and the systems which were in place but my personal opinion is that training under the lawyers was a good initiative. It is indeed very necessary to understand and to become acquainted with the working process before one starts his or her career as an advocate or a judge . Judicial academies have been set up in the country and the training which is imparted now is one of the best . Young judges meet many legal experts and jurists as a part of their training. I have traveled and have appeared before many courts in India . Undoubtedly the courts and Tribunals in Delhi have an edge in comparison to other courts in different states of India but we all have noticed that due to infuse of technology justice dispensation is becoming quick and easy. I am sure in next couple of years we shall all see many a new innovations being introduced with an objective to ease the grant of justice to those who approach courts for redressal of their problems and grievances. 

    Sir we would like to know about that one case you can never forget.

    It’s indeed very difficult to answer which case is difficult to forget . Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer . I have appeared for clients while representing their cause in different areas of law. Yet I remember that I was able to secure an acquittal of an engineer somewhere in the year 2014 who was convicted of murder by the sessions court by misreading of the factual aspects and erroneous application of legal provisions and the evidence. The  young man had to undergo rigorous imprisonment for a period of seven years even though charges could hardly be proved against him . False evidence was created and witnesses were planted against him . That is certainly a case I remember . 

    Kindly throw some light upon your initial days as a young lawyers and the challenges faced by you.

    Initial years were full of learning and hard work. My father late Shri Inder Kumar Sharma played a huge role in my success . He was a learned man who excelled in the field of administration but he always remained humble and treated everyone with affection and kindness. This character is extremely essential for anyone to become a successful person. I have always tried to follow the traits of my father. I was extremely lucky during my early years of practice to have worked with some fine senior lawyers . I learnt a lot from them for which I shall ever be greatfull . I fondly remember my senior Mr LR Gupta who was extremely kind to me and always blessed me .  

    Please tell our viewers about your daily routine which helps you maintain the work life balance.

    My routine includes a brisk walk / cycling for around an hour . Fit mind is very essential for any professional. One must spend time with nature. I also make it a point to have a sound sleep for atleast 6 hours a day. Rest of the time must be spent in preparing cases , reading newspaper and to keep yourself updated. I read and note in my register important cases and I am maintaining this habit of writing since the year 2000. 

    Sir, while looking at your profile we read your article named “Unfounded prejudices shouldn’t be allowed to damage independence and esteem of the judiciary”, please tell our audience about the same.

    The article was written by me not to defend someone or to accuse someone . The same reflected my point of view which is clear from the reading of the article itself . I can’t add anything to it except to say that normal human conduct and human nature gives a clear indication of many a facets of life and turn of events . 

    Lastly, any advice you would give to the professionals in the legal field?

    The youngsters are smart and intelligent. They think better than us and have many new ways to approach towards a problem for an effective solution. The legal profession is such that it keeps one mind active. I will just like to add that any young lawyer who wants to join the litigation must remember few things to start with . Work with a good lawyer for at least 2-3 years . This period is sufficient to understand the procedures of courts. Develop good habit of listening. It adds to your advantage and many a times a good listener will be in a better position to answer the questions which may be posed by the judges. Respect your seniors and learn from your colleagues who appear for the opposite side . Never loose heart if you loose a case . No one can win hundred percent and therefore no one can loose constantly. Develop the habit of reading . Read files carefully. Read at least one or two reported judgments daily and try to keep a note of those . Never run after money . Since we all are lucky to be in an intelligent profession with time finances are never a concern . Behave properly and dress up smartly. The judges takes a note of appearance also. One should always be smartly dressed. While appearing in a matter with your senior colleague ask him / her questions which may come to your mind well before the hearing . This will make your senior glad as well and it goes without saying you will win a case for the client.

    Get in touch with Manish Vashisht

  • “Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court”- Aastha Chadha, Advocate.

    “Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court”- Aastha Chadha, Advocate.

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    My grandfather was an eminent criminal lawyer and as a kid, my favourite place in the house was his residence office. So, although my exposure to the legal field was since childhood it was not the profession I had planned to join. After 12th I was preparing for my CA entrance and one of the subjects in the entrance exam was law. That was the first time I studied law as a subject and I fell in love with it. This is when I decided to pursue a law degree and later I went on to do my Master of Laws. My journey as a lawyer has been extremely enriching and rewarding. This profession has taught me discipline and made me a better listener which is really helpful in understanding constraints and offering the best possible solution within the constraints. It has taught me to take risks and once the risk has been taken, to pull it through with sheer hard work. 

    What were the challenges that you faced at the beginning of your career?

    The challenges I faced as a new lawyer while working as an associate for a firm were the same as everyone else; getting a meagre salary, working unearthly hours, not getting enough opportunities in court etc. However, in hindsight, it was a huge learning experience. Yet the real challenges started when I went independent. Starting your own practice is like moving out of the protective environment of your parental home for the first time and being left alone on the long road of life. You have to do everything starting from getting a new client, doing clerical work, and troubleshooting of all kinds totally by yourself and still present a confident, untiring demeanor to the outside world. Overall, a fight for survival.

    What is the most challenging case you have handled in litigation and what were your learnings out of it? 

    Matters both civil and criminal where the parties are related to each other are challenging to the extent that emotions override the brain and balancing the two is a continuous exercise. At times one party goes all out to wash the dirty linen in public while the other despite the litigation is more guarded in sharing the dirtier truth.

    Among various matters, what brings you the most challenging set of situations and how do you overcome them?

    Every individual case comes with its own set of challenges. But, if I have to generalize then I would say that there are different challenges associated with different fields of law. The risk of arrest/imprisonment in Criminal matters, and the overriding emotions in matrimonial matters are some of the challenges. Whatsoever the challenge may be, the only way to overcome any challenge is preparation. Preparation done in peacetime saves blood during wartime. So, the way is to take a bird’s eye view and then start work at the grass root level. Sit with your client, ask questions, and ask your client for both favourable and unfavourable evidence. Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court. 

    How do you ensure that your clients receive the best possible outcome? 

    The first and foremost thing is that I fully educate the client on the legal aspects so that we arrive at a common wavelength. A well-informed client is always better and I encourage him to challenge my point of view and ask the right questions. I always try to give the client a true and realistic picture. Once the client is aligned, we work out a strategy best suited for the case and execute the same. 

    Do you think the privacy protocols that were there long ago are not there now because these recordings of judges in the courtroom have been going viral lately?

    Important cases were making newspaper headlines even before digitalisation and virtual courts. I truly feel that privacy goes for a toss as soon as a matter goes to court. A person’s name gets undue adverse publicity as soon as one gets accused or a private matter reaches the court. The media trial begins much ahead of the judicial trial. An innocent person wrongly accused gets socially maligned all through the case even though he is ultimately acquitted of all charges. However, I also believe that the live streaming of court proceedings has made legal awareness accessible to lawyers, law students and even litigants and some short videos edited to sensationalise an otherwise educative court proceeding should not stop this wonderful endeavour of various courts.

    How useful do you think the idea of Metaverse would be in the legal industry?

    Like any other technology, it will change the way people think and behave. So, it will surely change the way the legal industry functions. It is a powerful tool which has the capability of changing the day-to-day working of the legal industry. The internet changed the world, the metaverse is much more immersive and collaborative, and it will surely open a floodgate of opportunities for legal professionals from contracts to copyright laws, cyber laws, and even estate planning. 

    What are your thoughts on the data protection bill, 2022 that arrived a few weeks ago?

    I feel that data privacy breach is one of the biggest concerns rather a threat that the world is currently facing and with our increased dependence on technology it is just the beginning. Therefore, I feel that the bill is definitely needed to curb the blatant misuse of the power the technology companies have over their users. Yet, I do have reservations about the exemptions given to the government and state agencies concerning the same. 

    You have been very vocal about Hindu Succession Act,1956 being patriarchal, why do you think so?

    Succession as a concept is extremely patriarchal. In India, Succession takes place according to the personal laws by which the person is governed. One such legislation that governs the majority of the population in India is the Hindu Succession Act,1956. While the Hindu Succession Act was enacted to make the law of succession more equal and while all of us celebrated when daughters finally got equal rights in the coparcenary property of a Hindu Undivided Family but there are still many changes that the law requires. There is a positive change in the way a woman gets her inheritance but no change in the way the woman gives her inheritance. With the evolution of society and women being earning members creating their own Estate, the inheritance law needs to evolve and not discriminate between the heirs of a man and a woman. Although equal rights of inheritance to daughters is surely a step towards equality, true equality in law and society can and will only be achieved when parents of women are also treated equally to the parents of a man. 

    What are the hurdles you have faced being a woman in the legal profession and what changes do you think have taken place in favour of women lawyers over the years? Also what message would you like to give to all the women who are struggling in their initial years as lawyers?

    The biggest hurdle that all women who want to become advocates face is the mental block that “Litigation is not for women”. I don’t know how many times I have heard this statement despite coming from a family of lawyers. Infrastructural shortfalls like lack of proper washrooms, etc., and not having enough women court staff are small but crucial hurdles that women face every day in Litigation. These problems become more prominent in courts outside Delhi. Also, a common mindset where there is a distinction between advocate and lady advocate or woman advocate. Although the term advocate is a gender-neutral term but somehow the term used for women is lady advocate and this is not just a spoken difference but the way your work is received. It takes a lot of victories to establish yourself.

    One pleasant change nowadays is that there are so many intelligent and hardworking women joining litigation and I am hopeful that the new generation of lawyers will have more women role models as seniors and designated senior advocates and hopefully advocate will become a gender-neutral term not just on paper but in reality.

    The only message I have for young lawyers in their initial years is do your job extremely well and close your ears to nay-sayers who say that you cannot make it in litigation for any reason one of which is if you are a woman.

    A lawyer sometimes is expected to do work apart from legal functions as well, what are your views on the same?

    Running a legal practice is like running a business where we have to do our marketing, networking, and administrative work apart from the core legal domain.  Also, there are times when the client’s expectations are beyond the legal domain. Therefore, in every assignment, both parties have different expectations and managing the expectations and being on the same page is critical. The mandate needs to be clear, unambiguous, written and signed by both parties. If any assignment over and above the mandate needs to be performed the same should be treated as a separate assignment and should be agreed to by the lawyer only if it is within the legal domain. 

    According to you, what networking strategies should be adopted by the first-generation lawyers specifically in corporate?

    Networking is essential for every lawyer irrespective of whether they are corporate lawyers or litigation lawyers.

    Lawyers not being allowed to advertise their work or solicit clients, referral is the only way to get work. Thus, reach out to as many people as possible so that your existence is known. Networking is a continuous process with no boundaries and is constantly evolving. I think in today’s time

    LinkedIn is a great platform where you can network with anyone across the globe. I have got clients through LinkedIn and also hired local counsels for outstation matters through this wonderful medium. 

    Other than LinkedIn, conventional tools include conferences,events, bar rooms, and social gatherings.

     Lastly, any 3 best pieces of advice for our young lawyers? 

    Firstly, Always read the bare act before reading any opinion on a pieceof legislation.

    Secondly, never go to court unprepared. Even if you have to take an adjournment you should know the file inside out. 

    And lastly, always adhere to the profession’s decorum, you never know who all are observing you. The best of opportunities very often come unannounced. 

    Any additional message that you would like to give to all the women who are struggling in their initial years as lawyers?

    The only advice apart from the advice above that I have for women in litigation is just don’t listen to people who say litigation is not for women and prove them wrong one victory at a time.

    Get in touch with Aastha Chadha-

  • Avi Kalra, Founding Partner at Clergy and Wisemen In Conversation With SuperLawyer On Startups, Arbitration and Much More Interesting Aspects

    Avi Kalra, Founding Partner at Clergy and Wisemen In Conversation With SuperLawyer On Startups, Arbitration and Much More Interesting Aspects

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

    Was pursuing law planned for you or it all happened in a flow? Kindly share with our readers.

    Well to start with, I am a first-generation lawyer, and to be very honest law was never a career option for me until the 10th Grade, I had planned to either join my father’s business or start something of my own. However, it all changed in the year 2012, when my father was involved in a car accident, in which one bike hit his car and the pillion rider died on the spot.

    After this, it was the first time that I ever visited the Local District Court of my city. During court visits, I was highly influenced by the impact the lawyers could have over their clients. Soon after, I developed interest in Criminal Law and the same grew over me and made my belief indeed stronger. So today, I can proudly say that being in the legal fraternity was a well thought decision and didn’t happen by chance.

    What do you think, which specific advice has helped you come thus far in law? What is that one motivation that keeps you going in life?

    The advice that has helped me come this far is that if you roll up your sleeves and decide to do something, nothing in this world is impossible. Everything is doable, you just need to have the courage.

    Frankly speaking, I never participated in any public speaking event in high school and had stage fear. Now came the time in Law School, when I realized the importance of Moot Courts but the continuous insecurity of never being a good public speaker or having no prior experience kept acting as a barrier.

    It was only in the third year when I got the opportunity to participate in the Intra Mock Trial, where although in my opinion, my public speaking was not up to the mark, however, this opportunity gave me a sense of understanding that it was these mental barriers which were stopping me to do something. Since then, I have worked upon my oratory skills, and have never said no to such an event, which has helped me tremendously in becoming a better orator and Advocate.

    Speaking about Motivation, after winning the National Mock Trial Competition in 2017, me and Prateek Lakra made a goal to start our own law firm after completing 3 years at the Bar. In 2021, we started Clergy & Wisemen, and since then there has been no looking back, and taking our Law Firm to the level of top law firms in India is the motivation that keeps me going.

    Could you brief a case you were led on that substantially broadened your knowledge of the legal field?

    From what I have learned while practicing law is that law is nothing but common sense, one should just have the vision to see the answers. It is an art that is learned through experience and wisdom. During the initial years of practice, the most crucial part is to understand the implementation of what we study in the Law School.

    It was in 2019, when a Fraud had been committed by a person, which was worth crores. In the same case, my client was duped for a handsome amount. Initially, we filed a Suit for Specific Performance against one of the properties of the Accused before the Delhi High Court, however, it came to our knowledge that the Accused had created multiple third-party rights over the property, therefore, we also had to move before DRT, since the bank had started proceedings against the accused. Also, there were claims from various entities, due to which there were multiple suits and cross impleadments.

    Parallelly, proceedings under the 156(3) Cr.P.C. were also instituted against the accused, wherein we got favourable order and an F.I.R. was also registered with the Economic Offences Wing (EOW), Delhi Police.

    These proceedings helped me understood various remedies that a person has under both the Civil & Criminal Laws in India and how the Courts and Tribunals function.

    Among all the specialisation, i.e., Administration law, RERA, Taxation, Corporate law and Arbitration, which area of law is the most interesting to you and why?

    I would say that Corporate Law, since Corporate Law can itself be classified into various other sub-specializations, and due to the recent increase of Startups in India, Corporate Law has opened up various opportunities for Young Lawyers.

    Now, with Startups the issue that usually comes up is that they cannot afford Big Law Firms, and it is where young lawyers can step in.

    Further, in Corporate Law, a Lawyer has to get into the shoes of the Founders so as to protect their interests while making agreements such as the Shareholders and Founders Agreement, so that in case the Company goes for funding or dilutes its equity, the founders don’t lose the control over their own company. Moreover, issues like dispute resolution between founders also has to be carefully drafted. With contracts, it is necessary that the Liabilities are limited, indemnification clauses are watertight, and in the case of Intellectual Property, the rights are carefully defined. I can go on with such examples, such is the nature of Corporate Law.

    What would you do if you had taken on a case that went against your values? Any prior experience you could relate with?

    I take cases as per my conscience; however, I am a firm believer in the fact that a person is innocent until proven guilty.

    Yes, there have been certain cases where I had to self-introspect whether I was doing the right thing, however, I tend to keep my personal opinions and professional life apart. As the great Mr. Ram Jethmalanai once said: “A lawyer who refuses to defend a person on the grounds that people believe him to be guilty is himself guilty of professional misconduct.”

    How do you maintain the work-life balance Avi?

    As a Lawyer, I feel that law is that field where once you are at the initial stage you need to spend more hours, drafting, researching, and navigating through documents, but as you practice more and more it gets easier to locate the crux of the case and you exactly know where to hit the nail, so spend in your initial years, it will reap well. Also, law is just like investing, the more you invest in your legal skills right now, the more returns in the later years.

    Personally, for me, what has helped me maintain my sanity with this schedule is waking up early in the day, and having some time to myself before the whole show at the law firm begins. I believe that one must do something that is good for his/her soul once a week. It’s okay to take a break, but you should know when the break ends. The work should not suffer, make yourself that efficient.

    What strategies do you use to ensure that your clients receive the best possible?

    There is no secret sauce to ensure the best possible results. Each case has to be seen in its own strategic manner.

    In my previous experience be it working at chambers of a lawyer or law firms, one thing I saw was that although the Clients were getting reliefs in their cases, however, they were not satisfied by the management. For example, the client would not know what is going around in the case, sometimes they won’t know what is next date, no regular updates, so on and so forth.

    After starting Clergy & Wisemen, we not only ensured that our clients get the best legal services but also focused on the management of the Law Firm, be it the regular updates of their cases, addressing their doubts, having dynamic meeting slots, taking regular follow ups about our services, etc.

    Now with Corporate Clients, we have come out with certain services such as Contract Lifecycle Management (CLM), Legal Manager, which have substantially increased the effectiveness and efficiency of the services provided by us. Recently, we have tied up with certain AI companies, which help us in the drafting of contracts, although each contract is reviewed by either an Associate or Partner at the Law firm, but it has helped us in reducing the TAT and Cost.

    What challenges have you faced as in bank matters with DRT, DRAT, NCLT & NCLAT?

    DRT and NCLT, alongwith their appellate tribunals, were made so that the burden over the courts is reduced and the cases can be fast tracked. Although, the burden over the courts have been substantially decreased, but I would not agree with the fact that the matters have been fast tracked.

    Since, due to a smaller number of benches, the matters usually take a substantial time to be adjudicated, wherein the sitting benches are not able even finish half of the cause list, and requests such as to list the matter at the top of cause list have to be mentioned.

    Moreover, these tribunals are not on par with the High Courts, be it the adjudication process, or the working of the registry.

    Therefore, I believe that the number of Benches in the Tribunals should be increased and only in the rare cases the timeline mentioned under the Code shall be extended.

    Lastly Avi, any advice for our young legal professionals?

    My advise to the young legal professionals would be that they should always be updated with what is going around in the Legal Sector, this would not only help them in increasing their knowledge, but also to strike out a conversation at a relevant place and time, and trust me this helps significantly.

    The other would be that they should understand that whatever service you are giving should be a valuable addition to the client and it must solve their problem, taking care of these would definitely help a professional building up his name, since the person would not only happily pay his/her fees to you, but also would recommend you to others.   

    Lastly, in case someone is planning to start his own practise, then rather than just possessing the legal skills, one must also have the skills of a sales person, it might sound a little different, but Law is a Business until you get a client, one might be a very good lawyer and possess good skills, but till the time he has got no client, those skills would be worth nothing. Therefore, it is advisable that you must know to sell whatever skills and knowledge you possess. 

    All the best!

    Get in touch with Avi Kalra-

  • Manav Gecil Thomas, Partner at Thomas George and Associates Shares his Thoughts on Networking Strategies in Litigation and Role of Tech and AI in Legal Operations

    Manav Gecil Thomas, Partner at Thomas George and Associates Shares his Thoughts on Networking Strategies in Litigation and Role of Tech and AI in Legal Operations

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

    What motivated you to take law as a career and how has been the decision so far?

    As all students, I was also confused during my school days as to which profession I should choose. Thereafter, my mom suggested me to take up law in lines of the profession of my father as he has already established a base. I did not qualify CLAT, however, I qualified for UPES, LAWCET and ILS Law College, Pune.

    Keeping the long standing reputation and I decided to join ILS Law College, Pune. All throughout my college life, I enjoyed participating in Moot Court competitions. After completing my law, I immediately joined my father’s law firm i.e., THOMAS GEORGE & ASSOCIATES. Thereafter, my mom was instrumental in insisting me to complete my LL.M.

    I did LL.M in Constitutional Law from O.U.P.G. College, Basheerbagh and secured a Gold Medal which was a lifetime dream come true. My father has been an amazing mentor as he not only trained me in drafting, filing procedures, clerical works but he also gave me the freedom to take up matters and handle them independently from day one …!

    My first appearance itself was arguing a final hearing before the then united Hon’ble Andhra Pradesh High Court of a Criminal Revision Case pertaining to 2008. Ever since then, I have never stopped and I hope to argue many more important cases in the years ahead of my life.

    Arguing the law and interpreting the law are two important facets of my litigation life which I will always cherish. So, though law happened by accident, I am happy to go the way it carries me. There is a unique unexplained sense of happiness that, I feel while arguing cases before different judicial and non-judicial fora throughout the country. With all the tremendous pressures that we as advocates undergo, it is only, that joy that I get, after arguing different kinds of matters that keeps me going ahead…!

    Your internship experiences are filled with reputed Advocates and Judges, was there any roadmap for the same or all did was in flow? How would you guide students in choosing internships?

    As a law student after participating in few moot court competitions, I was inclined towards litigation. My first internship was with my father and mentor who taught me the basic art of advocacy, that includes drafting, filing procedures etc.

    Thereafter, I went on to intern with Designated Senior Counsel Late Padmanabha Reddy where I was mesmerised to see sir argue different kinds of matters at length on his legs from 10:30 AM to 04:30 PM…! I would observe, sir argue most complex matters with utmost patience and he was always calm and composed, the most essential art I learnt. Subsequently, I interned with Adv. S. Niranjan Reddy now Designated Senior Counsel/ Member of Parliament, at whose offices I learnt corporate litigation and its nuances.

    Thereafter, I had the unique opportunity of working with Honourable Justice Kurian Joseph (Retired), Former Judge Hon’ble Supreme Court of India and while interning with his Lordship, I was able to understand what all goes in the minds of the judges post arguments since, I was also involved in the legal research that would assist judges in arriving at their decisions. I was able to see the judicial process closly that goes on after the arguments and before the judgement is pronounced.

    This experience has channelised my arguments in a slightly different manner and I am dedicated His Lordship for imparting this knowledge in me. Thereafter, I had a short stint with late Advocate Lily Thomas who had shown me no matter whatever hurdles and challenges life throws at us one must keep moving. Lastly, in my final year, I interned with Designated Senior Counsel & Hon’ble R. Basant sir Former Kerala High Court Judge. During this internship I received unique lessons of life & law, wherein I learnt how a mentor can treat his associates, juniors and interns with patience & care and at the same time learnt how hard work and dedication plays an important role in the life of an advocate. Students are not always sure as to what kind of an advocate they want to become after graduating, so it is always beneficial to intern at different places where there are variety of matters.

    Students should always start their internships with advocates who have a variety of trial court matters. In trial courts, students can learn about procedural laws, they can observe Cross Examinations and trial advocacy skills.

    Thereafter, students must intern with advocates practising in the High Courts and then the Supreme Court if possible. After this I would suggest students to intern with different corporate law firms. By the end of their internships, I would say with utmost surety, that, the students will be able to decide their career paths…!

    Manav, any specific reason for choosing litigation over corporate, what created your interest in that?

    I hope my answer to this question does not create any controversy amongst corporate law practitioners. I do not feel that I am made up for only drafting contracts or due diligence as I like to see the law in motion and that, only happens in the courts of law. In litigation, one see and meets different types of clients with different issues and in pursuing those issues one has to appear before different judicial and non-judicial fora and convince the Honourable Judges on unique points of laws and facts. Litigation requires a unique skill of being able to put forth your points with absolute clarity and conviction.

    For the same, one has to be well versed and well abreast with the laws and case laws. In corporate law, there are different nuances of law which are being explored on a day-to-day basis but none of the corporate lawyers are able to see their documents being interpreted in the courts of law. That is why, I choose litigation over corporate law.

    However, one must understand that even though I am a litigating lawyer, on a day-to-day basis, I am dealing with various aspects of corporate law which we cannot avoid being a lawyer. Thus, I believe that the so-called difference between a corporate lawyer and a litigating professional is a grey area which cannot be compartmentalised. So, I fix no label to myself….I leave it to the readers to categorise me as any lawyer they feel based on the work I execute.

    As lawyers, society depends on us in a lot of situations and pro-bono matters is one of them. How far do you resonate with this?

    Society depends on a number of aspects that keeps evolving and law is an important part of this evolving society. The changing needs of the society requires dynamic changes by the practitioners of law. In today’s world where everyone is in the rat race to earn, a lot of poor litigants suffer with inefficient representation as the fees that they can pay is less. I completely believe that in the background of the unique requirements of the society as of today, pro bono matters would definitely assist and help the people in need in a unique and effective manner.

    Many a times, I come across poor litigants who are not guided in the right direction due to which they faced unpleasant consequences. In this background all the us at THOMAS GEORGE AND ASSOCIATES believe in helping the really needy clients and when the situation demands we do take up pro bono matters. In criminal matters I observed that the people arrayed as accused in many matters do not have the necessary sources to finance their litigation expenses and tend to seek help from legal aid.

    Many a times, legal aid is not providing effective and efficient representation thereby rendering the whole purpose futile. Thus, professionals with experience taking up pro bono matters really helps the litigants in need.

    According to you, what networking strategies should be adopted by the first-generation lawyers specifically in litigation?

    The struggles of first-generation lawyers are untold in today’s world. There is no secret mantra that can be told as to the strategies that can be adopted, however, these are a few tools which may come handy in the years to come. Networking is a very important part of litigation which one will understand as they progress in their profession. One must always bear in mind that every person one meets in any walk of life can be one’s prospective client and thus one should interact with people and make them know that one is a practising lawyer.

    There is an apt example for the aforementioned statement of mine; once while I was in a club and while I was on the way to the washroom, I met an acquaintance of mine and in a casual conversation made him know that I am practising in Hyderabad. After a year I received a call by this acquaintance who had referred a very big company for coming on board as their retainer. So, one can land up with a client in any place.

    Keeping in touch with your alma mater and alumni will also help you in being referred matters from different states pertaining to your jurisdiction. Being active on social media can also help to a certain extent. Giving internships to students, is a way of giving back to the society and in return over the years to come, one will see the benefit from the same. Also, one must always remember that hard work pays off and the reason I say so, is your work must speak for yourself and that in turn would result in receiving the due benefits of networking.

    Please elaborate for us your current role

    I am currently the Name Partner at THOMAS GEORGE & ASSOCIATES, Hyderabad. The Managing and Founding Partner of the firm is my father, Advocate Thomas George and the Senior Partner is my mother. This being the background of my firm, the positions that we hold really does not matter for us internally. That being said, on a day-to-day basis I appear on various matters before various Judicial and Non-judicial fora throughout India with my base practice in Hyderabad.

    My entire day goes in arguing matters before different courts of law and in the evening, I spend my time in preparing for matters listed either on the immediate next day or for the days to come and also meet my clients. I supervise the administrative matters of the firm.

    I delegate matters to the juniors/associates at the firm, teach/assign work/cross check the drafts assigned to the Associates/Virtual/Non-virtual interns. I brief the Managing and Founding Partner and Senior Partner of the firm on matters that needs to be argued. I also help my Associates in practising their presentations before the courts scheduled for the next day, so that, they do not face any difficulty.

    So far we’ve seen employees being harassed at workplace wrt different situations, how well do you consider the role of employment laws in the same?

    It is always beneficial for employees to research about the firm where they seek employment before scheduling any interview. I also think it will be beneficial if one can speak to people who worked in the said place prior to joining. The role of employment laws is not very effective as, the internal committee for any kind of harassment consist of members of the same firm.

    Furthermore, if any employee raises a complaint and leaves the organisation the next organisation will always look at this employee with a speck in their eyes and thus there is a fear in employees from making any complaints whatsoever.

    How does AI play a significant role in helping lawyers and what are the consequences for the same?

    AI is already playing a significant role in lives of lawyers. As on today we can see AI’s tremendous use in research while comparing to our senior generation lawyers. The search engines have been extremely helpful in researching for case laws as well as to know overruled decisions, landmark decisions et cetera. Case management has become very simple with the help of various digital applications that provides the statuses of all the matters of the firm with the click of a button. Dictation and drafting have become 10 times easier than what it was with the usage of the software that types out whatever we dictate with almost 90% perfection.

    Another application that I have come across in the recent times is a scanner pen which can be used to copy paste contents from various hard copy of agreements/drafts into the word document. AI will always remain a tool in the hands of a lawyer but can never replace mankind especially lawyers, because, the brain used to interpret law in a unique manner is not AI but it is that unique skill of that lawyer. Furthermore, convincing a judge is done by advocates who present their matters in ways they deem fit which again cannot be substituted by AI. For people who disagree then mankind itself will be overtaken by AI.

    There are also applications that are being developed for taking queries from clients through chat boxes and these apps help in consolidating the client consultations to a certain extent. Such client consultations would in a way save the precious time of lawyers. However, how much ever technology advances, if it lacks  human touch in the works of a lawyer then I believe there will not be effective representation in those cases.

    Manav, we’ve been witnessing students shifting from litigation to corporate or most of the times they dont even take litigation as an option, what can be the reasons for the same?

    Personally, I would like to disagree. In the recent years I have seen many students in fact choosing litigation over corporate law firms. The ground reality is that, as on date, there are no vacancies in many chambers as they are already flooded with young students who have just graduated. However, students do prefer a comfortable and stable life with heavy packages which corporate law firms provide and that can be the only reason that students would prefer corporate law firms over litigation.

    Once litigating lawyers start paying their juniors at least the amounts that are required for the basic survival in the cities they practice, students will definitely choose litigation. What I have observed in corporate law firms is that due to tremendous burn outs over the period of time people shift back to litigation thereby losing their initial precious years of the experience. Students must understand that litigation is like an investment which grows manifolds.

    The life of a corporate lawyer or a judicial officer or a lecturer usually ends upon attaining the age of superannuation, however, the life of an advocate has no age limit and in a lighter note; when all your fellow colleagues are retiring, the practising lawyers start earning even more…!

    Lastly, any piece of advice for our young lawyers

    Repeating what you would have already heard from various stalwarts in the profession, I would like to say that there are no shortcuts to success.

    Hard work, dedication, diligence, perseverance, patience are the keystones to success. We must always remember that success cannot be achieved overnight but it requires tremendous hard work.

    Whenever, we see successful professionals, we only tend to see their achievements without knowing the amount of pain, sacrifices, compromise that they had to undergo to reach the place that they are at today.

    Having patience will definitely play a great role in reaching those heights of success that are channelled for you. One must always remember to maintain a work – life balance which everyone has been talking about in the recent times. One must take time off work, spend time with family and friends as well, which are very important.

    I always tell my hardworking interns not to forget to chill in life. All the best!!!

    Get in touch with Manav Gecil Thomas-

  • In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

    In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

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

    What motivated you to make a career in law? How would you describe your professional journey up until now?

    I would say that studying law was a natural choice for me, and I find nothing that is more interesting, captivating and easier for me than law. Having studied law for the last 8-9 years of my life, I can confidently say that choosing law as my career has been the best decision of my life to date and I have never found laws to be complicated as such but just pure common sense.

    If you believe in what you are doing, then you will find your work to be interesting; as it has been rightly said by Steve Jobs that ‘…Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven’t found it yet, keep looking….’

    As far as my professional journey is concerned, I would say that I had to work very hard to understand the nitty-gritty of the laws, court procedures, principles of legal drafting, the art of advocacy, the jurisdiction of courts/tribunals etc. One has to work hard initially to understand the laws but it gets easier with time once you know the basics. 

    You have excelled in your academics throughout your career and also were a rank holder in your LLB and Graduation. What would you say were the factors that helped you excel in academics, especially while pursuing law?

    I had more than 90% attendance in each semester of my college and rarely used to miss classes. I used to pay attention to whatever the professor was teaching and make notes. I never left anything to the last moment, a practice that I follow even today, and I used to study for all the exams well before the exam date. On the day before the exams, I only used to revise and think about how I could somehow improve my answers.

    I focused more on writing as many cases as I could and on correctly writing the provisions of the laws; all this was only possible because I revised multiple times before the exams. I was confident that I had learnt it and focused on keywords while reading anything new. I used to read many different books and xerox the relevant parts to prepare my answers.

    As this required a lot of effort and time, therefore I used to begin my preparation around one month before the first-semester exam and increased my hours of studying as the exams approached. Also, starting early gave me the advantage of clarifying my doubts to the concerned professor and I never left anything to luck; I always gave the exams by reading almost the entire syllabus, so that even if the question paper was difficult, I could answer them.

    I always focused on writing the answers supported by case laws, sections and notes of that teacher and never missed answering any of the questions in my exams during my college days; I used to allocate a specific time frame for answering each question and then used to move on to the next question on completion of the allotted time frame.

    Out of the wide spectrum of internships you did in college (Shardul Amarchand Mangaldas, NCRB, Ministry of law and Justice, Kochhar and Co etc), which one of them was the most enriching experience? What should be the three things one should keep in mind while choosing an Internship?

    My internships at the Chamber of Adv. Murari Tiwari Sir and Chamber of Adv. Rajesh Yadav Sir was the most enriching for me. 

    Murari Tiwari Sir and Tripurari Tiwari Sir are both very polite, helpful and friendly, and they used to make sure that all the interns in their office learned something new each day; I was given case files which I had to read, and after that, Sir used to ask me as to what I understood from the case and after that guide me as to the facts of the case and laws applicable thereof. Despite Murari Tiwari Sir and Tripurari Tiwari Sir being very busy with their work, they always kept some time aside each day for their interns. 

    My internship at the Chamber of Adv. Rajesh Yadav Sir was also very enriching. I learned a lot under his able guidance, and Sir used to teach me about the intricacies of court procedures. I was given some case files to read, which I later used to discuss with him. Sir had an excellent command over the facts of the case, and he used to tell me about the arguments of both sides in that case. During this internship, I visited the Hon’ble Delhi High Court for the very first time. Sir had extensive knowledge of the facts and the laws pleased in the case so much so that even without opening the file, he could remember all the details of the case and even the page number where it was mentioned! 

    On the aspect of what one should keep in mind while choosing an internship is concerned, I would say that it would depend on the career objective of that person. If one has not decided which area they want to join, one may intern at different places to get an idea. Also, I feel that if one has figured out what one wants to join after completing their LL. B then a long-term internship at a single place is more beneficial than multiple short internships at different locations, provided one enjoys their time and is learning at that internship.

    You hold expertise in various areas of practice like Civil Law, Criminal Law, Arbitration, Insolvency Law, Recovery matters etc. How would you describe your journey in the field of litigation so far? Please tell us – the good, bad and the ugly.

    Litigation requires one to read a lot and spend a lot of the time thinking as to what could be the possible arguments in the case and anticipate the arguments that the opposite party might advance and how to tackle them. 

    The good part in litigation is the encouragement and appreciation you get from the judges, seeing your name as a counsel in judgements/order sheets, and the fact that what one might argue may become the law of the land if agreed by the judge.

    The bad part would be the long hours one has to spend each day reading; there are so many documents that one has to read. Then after figuring out what the question of law is involved in the case, one has to read multiple judgments on that specific provision of law to find which cases laws support your case and which decisions are against your case and then think as to how to distinguish these decisions.

    I would say the ugly part is that travelling from one court to another to the office daily can be extremely tiring.

    You have 17 publications in various reputed journals. You also presented a paper on defamation at the Freedom of Speech and Expression Regional Conference organized by the Law Commission of India in 2016. Do ‘ideas pick you’ or do you have an extensive process of picking topics which you want to write about. Please take us through the whole process from finding an idea to publishing it in a reputed journal. How challenging is it?

    Legal writing is my hobby, and I find it a way to express myself on legal issues that have evoked my curiosity. Generally, I write on contemporary legal issues and those issues which would not lose their relevance over time, such as prison reforms and electoral reforms. I had written legal articles on these two topics some 4-5 years ago, and even today, they remain a contemporary topic for discussion.

    Before writing an article, it is first necessary to convince yourself as to why you want to write an article on that legal issue. For that, I used to read a little background about the same to ensure that it is indeed a good topic to write on. If I am sure that it is a good topic then I will read about it in detail. Usually, I choose those topics that are being discussed in the media/news so that the chances of their publication would also increase. I always substantiate whatever I would write through primary and secondary sources such as law commission reports, parliamentary committee reports, judges’ interviews, judgements on those points, legislations etc as it has been rightly said by Edwards Deming that ‘Without data, you’re just another person with an opinion’.

    If one wants the article to be published in a reputed journal. In that case, the article must be well researched and something that is not only a bit different from the existing literature but also, more importantly, it should make the reader ponder and think if what the author intends to say is unique, has credence and is indeed thought-provoking!

    At this young age, you have achieved so much, what do you think is in store for you in the future? How are you planning to use your skills and knowledge accumulated till now?

    I still have a long way to go and plenty of things that I want to achieve in my life. I always believe that life would be meaningless if we don’t achieve difficult things. To achieve anything worthwhile, hard work and planning are necessary. Achievements often come at the cost of sacrifices which do pinch a lot; therefore, one should allocate his/her time accordingly and focus on things that are more important to them and in line with their professional aims. I will focus my future on achieving my ambitions and plan accordingly.

    You were posted as a Young Professional (Legal) in the Ministry of Consumer Affairs, Food and Public Distribution, Government of India. Please share your experience in the job. How can one scale such an achievement?

    I had a brief stint at the Central Consumer Protection Authority (CCPA), which is currently a part of the Ministry of Consumer Affairs, GOI. I enjoyed my time over there and cherish those moments. I am extremely grateful to Ms Nidhi Khare Ma’am (Chief Commissioner, CCPA), Mr Anupam Mishra Sir (Commissioner, CCPA), Rout Sir and Jayashree Narayanan Ma’am for giving me this opportunity to work at the CCPA. 

    CCPA is a newly established regulatory body under section 10 of the Consumer Protection Act, 2019 (CPA) and has been established to protect the rights of consumers. Regulatory bodies are different from courts/tribunals and are equally important institutions in the administration of justice. I wanted to work there so as to learn about regulatory bodies and to get exposure to how the work culture of the government is different from that of the private sector.

    Finally, a word of advice for the lawyers and law graduates who are passionate about litigation & arbitration?

    I don’t think that right now I am at that stage in my life where I can advise lawyers or law graduates. I still have a long way to go. However, those who intend to join the field of litigation & arbitration must be ready to work hard and focus their time on learning the intricacies of the laws. In any given facts of a case, there can be various laws that could be applicable, so you must have a fair idea of the applicable substantive and procedural laws so that you can research if there has been any violation of some legal principles or judicial precedents that would help you to advance your case before the courts.

    For example, if there is a contractual dispute between two parties over goods purchased through an e-commerce site, then depending upon the facts, various laws could be applicable, such as the Contract Act, 1872, Sale of Goods Act, E-commerce rules, IT Act, 2000, CPC, IPC, CRPC, Evidence Act, Commercial Court Act, 2015 etc. Therefore, a holistic understanding of all the major laws is necessary while developing expertise in a few laws that one is most comfortable with.

    I am grateful to the ‘SuperLawyer’ for giving me this opportunity to share my experience and conclude by quoting an extract of a speech by Justice K. M. Joseph, Judge Supreme Court of India, at the convocation of the National University of Advanced Legal Studies, Kochi, which I consider to be very useful and practical advice in life, he said that ‘…Study the Court. When I joined the Bar, a senior counsel gave me advice which I thought was useful. He told me that the Court is like a zoo. There is the elephant, the horse, the deer and also the tiger and the lion. You cannot feed grass to the tiger as much as you would feed them to a deer..’