Tag: Commercial Law

  • “Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line”-Siddhanth Pandey, Sr. Manager Legal-Adani Connex Pvt. Ltd

    “Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line”-Siddhanth Pandey, Sr. Manager Legal-Adani Connex Pvt. Ltd

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us how your journey led you to pursue a career in law, especially with your diverse experience spanning industries like projects, infrastructure, oil and gas, and pharmaceuticals?

    First of all, I would like to thank you for providing me this opportunity to share my journey. What needs to be understood is that while the journey to pursuing a career in law may vary for each individual, having diverse experience across industries can provide valuable insights and perspectives that enrich one’s legal practice and contribute to professional growth and success. Initially I wanted to pursue a career in Journalism but while exploring options after class 12th my father floated this idea of pursuing law and rest as they are history. While working in projects, infrastructure, oil and gas, and pharmaceuticals, I had encountered various legal issues and regulations. Through my experiences, I discovered a genuine interest in legal matters. I more often than not found myself drawn to the complexities of contracts, regulatory frameworks, intellectual property rights, or dispute resolution processes.

    With over nine years of experience, you’ve worked in various capacities across different organizations. How have these experiences shaped your approach to problem-solving and finding innovative legal solutions?

    My diverse experiences across different organizations have shaped my approach to problem-solving and finding innovative legal solutions by fostering adaptability, providing a holistic perspective, encouraging interdisciplinary insights, promoting creative thinking, and emphasizing continuous learning and improvement. These experiences equip professionals with the skills, knowledge, and mindset necessary to navigate complex legal challenges and drive positive outcomes in diverse contexts. Key things that I learnt are Adaptability, Holistic Perspective, Interdisciplinary Insights, Creative Problem-Solving, Continuous Learning and Improvement.

    As someone with experience in drafting and vetting a wide range of commercial agreements, could you highlight the importance of attention to detail in legal writing and review processes?

    Attention to detail is paramount in legal writing and review processes for several reasons:

    Accuracy: Legal documents often contain complex language and technical terms. Attention to detail ensures that the content is accurate and free from errors, including typographical, grammatical, or factual inaccuracies. Precision in language helps to convey the intended meaning clearly and reduces the risk of misinterpretation or ambiguity.

    Legal Compliance: Legal documents must comply with applicable laws, regulations, and contractual obligations. Attention to detail ensures that all relevant legal requirements are met, including citing relevant statutes, regulations, case law, and contractual provisions accurately. Failure to comply with legal requirements can have serious consequences, including legal disputes, financial liabilities, and reputational damage.

    Clarity and Coherence: Effective legal writing requires clarity and coherence in conveying complex legal concepts and arguments. Attention to detail helps to ensure that the document is well-organized, logically structured, and easy to understand. Clear and concise writing enhances readability and comprehension, enabling the intended audience to grasp the key points and legal implications effectively.

    Risk Mitigation: Inaccuracies or inconsistencies in legal documents can create legal risks and liabilities for the parties involved. Attention to detail helps to identify potential risks, ambiguities, or unintended consequences early in the drafting and review process. Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line.

    Professionalism and Credibility: Attention to detail reflects professionalism and attention to quality in legal practice. Meticulousness in drafting and reviewing documents demonstrates a commitment to excellence and instills confidence in clients, colleagues, and stakeholders. Attention to detail enhances the credibility of legal professionals and reinforces trust in their expertise and judgment.

    Ethical Considerations: Legal professionals have ethical obligations to provide competent and diligent representation to their clients. Attention to detail is essential to fulfilling these ethical duties by ensuring that legal documents are prepared and reviewed with the utmost care and diligence. Ethical lapses, including negligent drafting or review, can undermine the integrity of the legal profession and erode public trust.

    In summary, attention to detail is a foundational aspect of legal writing and review processes. It promotes accuracy, legal compliance, clarity, risk mitigation, professionalism, and ethical practice in legal representation. By prioritizing attention to detail, legal professionals can enhance the quality, effectiveness, and integrity of their work product, ultimately serving the best interests of their clients and upholding the principles of justice and fairness in the legal system.

    Your expertise extends to intellectual property rights, including trademark registrations and copyright infringement claims. What advice would you give to businesses looking to protect their intellectual property effectively?

    As a lawyer, here is some advice I would offer to businesses looking to protect their intellectual property effectively:

    Identify and Understand Your Intellectual Property: Begin by identifying all forms of intellectual property (IP) your business owns or creates, including patents, trademarks, copyrights, and trade secrets. Understand the scope, value, and importance of each type of IP to your business operations and competitive advantage.

    Develop an IP Protection Strategy: Create a comprehensive IP protection strategy tailored to your business goals, industry dynamics, and market conditions. Determine which forms of IP protection are most relevant and valuable to your business, and allocate resources accordingly. Consider factors such as the nature of your innovations, competitive landscape, and potential risks of infringement or misappropriation.

    Secure Legal Protection: Obtain proper legal protection for your intellectual property assets through patents, trademarks, copyrights, and trade secret protection. Work with experienced intellectual property attorneys to assess the eligibility of your innovations for patent protection, register trademarks and copyrights for brand assets and creative works, and implement confidentiality measures to safeguard trade secrets.

    Enforce Your IP Rights: Implement proactive monitoring and enforcement measures to detect and address potential infringements or unauthorized use of your intellectual property. Regularly monitor market activities, competitor behaviour, online platforms, and industry publications to identify instances of infringement or misuse. Take prompt and decisive action to enforce your IP rights through cease-and-desist letters, negotiation, mediation, or legal proceedings when necessary.

    Educate and Train Employees: Educate employees about the importance of intellectual property protection and their role in safeguarding IP assets. Implement policies, procedures, and training programs to raise awareness about IP rights, confidentiality obligations, and best practices for handling sensitive information. Foster a culture of respect for intellectual property and encourage employees to report any suspected infringements or security breaches promptly.

    Protect Your Brand: Your brand is one of your most valuable assets, so it’s essential to protect it effectively. Register trademarks for your brand name, logo, slogans, and other distinctive elements to prevent others from using similar marks that could cause confusion among consumers. Monitor the marketplace for potential trademark infringements and take appropriate legal action to defend your brand’s integrity and reputation.

    Document and Maintain Records: Keep detailed records of your intellectual property assets, including registration certificates, licensing agreements, assignment documents, and enforcement efforts. 

    Stay Informed and Adapt: Stay informed about changes in intellectual property laws, regulations, and industry trends that may impact your business. Stay abreast of emerging technologies, market developments, and competitive threats that could affect your IP strategy. Continuously evaluate and adapt your IP protection strategy to address evolving business needs, market conditions, and legal requirements.

    By following these guidelines and investing in effective intellectual property protection strategies, businesses can safeguard their valuable innovations, brand assets, and competitive advantages, mitigate risks of infringement or misappropriation, and maintain a strong position in the marketplace.

    In your role at Cyril Amarchand Mangaldas, you were involved in drafting agreements related to renewable energy generation and handling environmental inquiries. How do you balance legal requirements with environmental sustainability concerns in such projects?

    By adopting a holistic and proactive approach that integrates legal requirements with environmental sustainability concerns, renewable energy projects can achieve positive environmental outcomes, contribute to climate mitigation and adaptation efforts, and foster long-term social, economic, and environmental benefits for communities and ecosystems alike.

    Balancing involves: Compliance with Environmental Regulations, Adoption of Best Practices and Standards, integration of Environmental Considerations into Project Planning, Engagement with Stakeholders and Communities, Embrace Renewable Energy Technologies and Innovations, Monitor, Evaluate, and Adapt.

    Lastly, drawing from your extensive experience, what advice would you offer to fresh law graduates aspiring to excel in the legal field, especially in terms of developing their problem-solving skills and navigating diverse industries?

    Continuous Learning and Growth: The legal profession is dynamic and constantly evolving, so commit yourself to lifelong learning and professional development. Stay updated on changes in laws, regulations, and industry trends relevant to your practice areas. Engage in continuing legal education (CLE) programs, attend seminars, workshops, and conferences, and seek mentorship from experienced practitioners to broaden your knowledge and expertise.

    Develop Strong Analytical Skills, Enhance Communication Skills, Embrace Interdisciplinary Perspectives

    Seek Diverse Experiences: Be open to exploring diverse practice areas, industries, and professional opportunities to gain valuable experience and expand your skill set. Consider internships, clerkships, externships, and volunteer opportunities in law firms, government agencies, corporations, non-profit organizations, and international institutions to gain exposure to different legal environments and practice settings. Seek out mentors and role models who can provide guidance, support, and insights into various career paths and practice areas.

    Cultivate Adaptability and Resilience: The legal profession can be demanding and unpredictable, so cultivate adaptability and resilience to navigate challenges and setbacks effectively. Embrace change, uncertainty, and ambiguity as opportunities for growth and learning. Develop the ability to think on your feet, adapt to new situations, and bounce back from setbacks with resilience and determination.

    Maintain Integrity and Professionalism: Uphold the highest standards of integrity, ethics, and professionalism in your legal practice. Act with honesty, integrity, and transparency in all your professional dealings. Respect confidentiality, avoid conflicts of interest, and prioritize your clients’ best interests above all else. Build trust and credibility with clients, colleagues, and the broader legal community through your ethical conduct and professionalism.

    Get in touch with Siddhanth Pandey-

  • “The recent technological developments have brought opportunities as well as challenges for the courts, lawyers as well as clients”- Rajnish Kumar Jha, Founding Partner at Actus Legal 

    “The recent technological developments have brought opportunities as well as challenges for the courts, lawyers as well as clients”- Rajnish Kumar Jha, Founding Partner at Actus Legal 

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us the journey that led you to pursue a career in law, from your undergraduate studies in Political Science to co-founding Actus Legal Associates and Advocates?

    While I was doing my undergraduate studies in Political Science, I found myself increasingly drawn to the application of law and its role in shaping societies. Throughout my studies, I tried to understand the dynamics of Indian polity and the interplay of power dynamics within legal systems. This academic foundation ignited a passion for law and advocacy within me.

    Upon completing my graduation, I joined Campus Law Centre (CLC, DU). During my time there, apart from my studies, I actively participated in extracurricular activities such as being part of the Placement Assistance Council, Legal Aid, Debating Society etc., to develop a well-rounded understanding of legal practice.

    After obtaining my law degree and gaining valuable experience working at a law firm, I felt compelled to establish my own practice. Alongside my like-minded batchmates, I co-founded Actus Legal Associates and Advocates with the vision of providing comprehensive legal services that prioritize client advocacy, prepare strategy for the clients and maintain absolute integrity. Understanding clients’ needs, concerns, and objectives allowed me to prepare our legal strategies accordingly, fostering trust and long-term relationships.

    Through continuous learning, collaboration with colleagues, and a steadfast commitment to our core values, Actus Legal Associates and Advocates has flourished into a reputable litigation firm known for its professionalism, ethical standards, and unwavering pursuit of legal excellence.

    Starting your career with M/s Bhachawat and Associates, what were some key lessons you learned about law practice during those initial months?

    Starting my litigating career with M/s Bhachawat and Associates was an invaluable experience that provided me with a solid foundation in law practice. During those initial months, I learned several key lessons like a deep appreciation for the importance to the minute details of a case, conducting legal and preparing for the client meetings, that have greatly shaped my approach to legal work. This taught me the importance of thoroughness and precision in all aspects of my work.

    More importantly, I learned the significance of ethical integrity in the practice of law. This foundational lesson continues to guide my decision-making and actions as a legal professional.

    Overall, my brief tenure at M/s Bhachawat and Associates provided me with invaluable lessons that have profoundly influenced my approach to law practice. I am grateful for the opportunity to have learned from seasoned lawyers and am committed to applying these lessons to deliver exceptional service to my clients.

    As a founding partner at Actus Legal, you handle a diverse range of cases, including civil, commercial, and family matters. How do you manage to navigate through such varied areas of law effectively?

    As a founding partner at Actus Legal, navigating through diverse areas of law is both challenging and rewarding. Our firm’s commitment to excellence and client satisfaction drives us to ensure that we provide comprehensive legal services across a broad spectrum of practice areas.

    One of the key strategies I employ to effectively manage this diversity is ongoing education and professional development. Staying updated of the latest legal developments and precedents allows me to maintain a solid understanding of various areas of law. This continuous learning process enables me to confidently navigate through different legal landscapes and provide informed advice to our clients.

    Furthermore, collaboration plays a vital role in our approach. Actus Legal fosters a culture of teamwork and knowledge sharing among partners and associates. Leveraging the diverse expertise within our firm, we regularly engage in case discussions, brainstorming sessions, and peer reviews to collectively address complex legal issues and ensure that our clients receive the highest quality representation.

    Additionally, effective time management and prioritisation are essential when handling a diverse caseload. By carefully allocating resources and delegating tasks where appropriate, we optimise efficiency and productivity while maintaining a high standard of service delivery.

    Lastly, maintaining open lines of communication with our clients is paramount. By fostering strong client relationships built on trust and transparency, we can effectively navigate through diverse areas of law while delivering optimal outcomes for our clients.

    In essence, managing a diverse range of cases at Actus Legal requires a combination of continuous learning, collaboration, efficient resource allocation, and client-centric approach. By embracing these principles, we ensure that we remain attentive and effective in addressing the various legal needs of our clients.

    Being empaneled with various government sectors and PSUs, such as the Sports Authority of India and NBCC (India) Ltd., what unique challenges and opportunities does such clients bring?

    Representing government sectors and Public Sector Undertakings (PSUs) presents a distinct set of challenges and opportunities that shape our legal practice in significant ways.

    It may be noted that government sectors operate within a highly scrutinized environment, where decisions and actions are subject to public scrutiny and accountability. As their legal representatives, we must address these sensitivities with care, ensuring transparency and integrity in all our dealings.

    Furthermore, being empaneled with prestigious government organizations enhances our firm’s credibility and reputation within the legal community. It signifies our capability to handle complex matters and demonstrates our commitment to excellence in legal service delivery.

    In conclusion, representing government sectors and PSUs brings both challenges and opportunities that enrich our legal practice. By leveraging our expertise, fostering collaboration, and maintaining a client-centric approach, we strive to navigate these complexities effectively while delivering impactful outcomes for our esteemed government clients.

    Could you tell us about your experience as a court/local commissioner and receiver, and how those roles have enriched your legal practice?

    Absolutely, serving as a court/local commissioner and receiver has been an immensely enriching experience that has deepened my understanding of the legal system and broadened my skill set as a legal professional.

    In these roles, I have had the privilege of being entrusted by the various Hon’ble courts with the responsibility to act as an impartial officer in various legal matters, ranging from property disputes to a violation of IP rights and family law cases. As a local/court commissioner, I have conducted hearings, wherein evidence of witnesses was recorded, ensuring that evidence is recorded in proper & transparent manner in accordance with the law.

    Moreover, serving as a court commissioner and receiver has underscored the importance of integrity, impartiality, and diligence in the practice of law. Upholding these principles is essential to maintaining the trust and confidence of the court, parties involved, and the broader legal community.

    The position of Court/Local Commissioner has also afforded me the chance to delve into the intricate techniques of cross-examining witnesses. When it comes to conducting a cross-examination, thorough preparation extends beyond simply being well-versed in the case. It necessitates an understanding of the witness’s temperament, their areas of vulnerability and strength, their connection to the case’s facts, and perhaps most crucially, what questions to avoid during cross-examination.

    With over a decade of practice, you’ve argued numerous cases before various courts. Can you share with us a particularly memorable case or achievement in your career so far?

    Certainly, throughout my years of legal practice, numerous cases have left a profound impact on me both personally and professionally. Singling out a specific case would not be prudent. However, I consistently find that each case possesses its own distinct significance and influence on the individuals involved. From the moment a client engages me, I endeavor to craft the best legal strategy, dedicating myself to formulating it from the outset till the final arguments.

    I perceive two pivotal stages in any case: firstly, during the drafting of pleadings, and secondly, when leading evidence. Cross-examination of a witness fascinates me the most! It presents a challenge to extract answers that the witness did not intend to give and likely never anticipated facing during their testimony in court.

    The majority of cases I’ve handled have resulted in favorable outcomes, often due to witnesses either contradicting their positions or providing responses beyond what was initially pleaded. Every judgment represents a significant milestone in my career. I draw continuous inspiration from the challenges and opportunities presented by each new case, remaining steadfast in my commitment to delivering exceptional legal representation to my clients in every instance.

    How do you think the recent technological developments have affected the legal field in general and your practice in particular?

    The recent technological developments have brought opportunities as well as challenges for the courts, lawyers as well as clients. The government success of the digital India initiative for various beneficial policies initiated and implemented by it, has also necessitated the acceptance of overall technological development in the legal professions. Some of the major changes and improvements are as follows: –

           i.            E-Filing and Court Proceedings: The introduction of e-filing systems in Indian courts has digitized various legal procedures, including filing of petitions, pleadings, and other documents. These developments have made legal proceedings more accessible, convenient, and cost-effective, benefiting both lawyers and clients.

         ii.            Legal Research: Technology has revolutionized legal research by providing access to vast databases of case law, statutes, and legal commentary. Online legal research platforms such as Manupatra, SCC Online, etc., allow lawyers to find relevant precedents and statutes efficiently. This has enhanced the quality and speed of legal analysis in my practice as well.

      iii.            Virtual Court proceedings: With the onset of the COVID-19 pandemic, virtual court proceedings became prevalent in India and it is being appreciated by all concerned with the legal issues. With the virtual hearings, it is possible to appear before any Court or the Tribunal within or outside India while sitting in your own office in Delhi. This shift towards remote hearings has improved access to justice by reducing the need for physical presence in courtrooms, saving time and costs for both lawyers and clients.

       iv.            Rise of Legal tech Startups: – The rise of LegalTech startups in India such as Law Sikho has led to the development of innovative solutions for legal practice management, document automation, contract review, and more. These tools help lawyers improve productivity and deliver better services to clients.

         v.            Access to legal Information: – Technology has made legal information more accessible to the general public. Online databases such as the introduction of E-Court Services and digitized court records allow lawyers and individuals to access a vast amount of legal information easily.

    In fact, in our firm’s practice, the aforementioned technological developments have had a profound impact. Our Firm has embraced digital tools for legal research, case management, and communication with clients. Virtual court proceedings have allowed all of us to represent clients in distant jurisdictions without the need for extensive travel.

    You’ve been active in writing articles and sharing legal insights through your YouTube channel, “Legal With Rajnish.” How do you see these platforms contributing to legal education and public understanding of the law?

    Thank you for highlighting my involvement in writing articles and maintaining the ‘Legal With Rajnish’ YouTube channel. These platforms serve as invaluable tools for legal education and public understanding of the law in several significant ways.

    First and foremost, writing articles and creating content for platforms like YouTube allows anyone to address commonly known complex legal concepts and developments into accessible and digestible formats. By explaining key principles in plain language, I aim to demystify the law and make it more comprehensible to a broader audience.

    Overall, I believe that writing articles and producing content for platforms like YouTube play a crucial role in promoting legal understanding, fostering public awareness, and advancing the rule of law.

    At the same, I equally regret to my readers and viewers that I am unable to give sufficient time for writing articles as well as for my You tube channel because of my engagement with the court cases and I am intending to do course correction soon.

    Finally, what advice would you offer to recent law graduates as they embark on their legal careers, based on your own experiences and successes in the field?

    As recent law graduates embark on their legal careers, I offer the following advice based on my own experiences and successes in the field:

    a.     Learning is a continuous process: The legal profession is constantly evolving, and it’s essential to stay updated on changes in laws, regulations, and precedents. Commit yourself to lifelong learning by attending seminars, workshops, and continuing legal education programs to deepen your knowledge and expand your expertise.

    b.     Appreciate mentorship: Seek guidance from experienced lawyers who can offer valuable insights, advice, and mentorship as you advance in your legal career.

    c.      Work on your communication skills: Effective and logical communication is crucial in the legal profession. Practice clear and concise drafting skills, develop strong oral advocacy skills, and cultivate the ability to communicate complex legal concepts in a manner that is understandable to clients and learned judges.

    d.     Respect integrity and professionalism: Uphold the highest ethical standards in all your interactions and endeavors. Integrity and professionalism are the cornerstones of a successful legal career and essential for earning the trust and respect of clients, peers, and the judiciary.

    e.      Be proactive and adaptable: Take initiative in seeking out opportunities to gain practical experience, whether through internships, pro bono work, or extracurricular activities. Be open to new challenges and opportunities, and adapt to changes in the legal landscape with flexibility and resilience.

    f.       Have a strong work ethic: Success in the legal profession requires hard work, dedication, and perseverance. Develop a strong work ethic characterized by diligence, attention to detail, and a commitment to delivering excellence in all your cases.

    g.     Build relationships and networks: Invest time in building relationships with colleagues, clients, and other professionals within the legal community. Networking can open doors to referrals, and collaborations, so prioritize cultivating meaningful connections throughout your career.

    h.     Maintain a healthy work-life balance: It is easier said than done but do not neglect your personal well-being. Strive to maintain a healthy work-life balance by prioritizing self-care, setting boundaries, and making time for hobbies, interests, and relationships outside of work.

    By following the aforementioned points and embracing the challenges and opportunities that come one’s way, one can embark on a fulfilling and successful legal career that makes a positive impact on the lives of others and contributes to the advancement of justice and the rule of law.

    Get in touch with Rajnish Kumar Jha-

  • “Being close to the core legal principles, practical developments, different viewpoints from commentators and possible areas for reform are essential to make the most of practising the law”- Gautam Bhattacharyya, Partner at Reed Smith LLP

    “Being close to the core legal principles, practical developments, different viewpoints from commentators and possible areas for reform are essential to make the most of practising the law”- Gautam Bhattacharyya, Partner at Reed Smith LLP

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Sir, could you please share with us a bit about your journey into the field of international commercial arbitration and litigation? What initially drew you to this area of law?  

    I did my two year training contract between 1991-1993 at the London office of a law firm then called Denton Hall Burgin & Warrens, and, as was customary, did 4 seats each of 6 months duration.  My seat in the dispute resolution group led by a partner called Bob Goldspink opened my eyes to the world of international commercial arbitration and litigation.  Although Bob is now long retired, he was a great mentor to me and remains one of the biggest influences in my career.  Bob made the practice area fun and dynamic, and I thoroughly enjoyed the challenge of solving commercial problems through the analysis of the facts and application of the law, the close interaction with clients, the global nature of the disputes, considering the best strategies to adopt and thinking about how our opponents might act.   When I qualified as a solicitor in 1993, I became an associate in Bob’s team and continued to learn from him through working on a broad mix of arbitrations and litigations.   He also gave me a lot of responsibility and independence from the outset.

    You’ve had an extensive career with Reed Smith, including serving on the global board and executive committee. Can you highlight a few key milestones or cases that have been particularly significant in shaping your career? 

    My time at Denton Hall Burgin & Warrens from 1991-1997 will always be special as that was the first law firm I worked at and we should never forget where we all started.  Apart from Bob Goldspink, I shall always be indebted to two other partners there; Virginia Glastonbury, who interviewed me for a training contract in 1989 and believed in me, and Bill Anderson, another disputes partner, who taught me how to really think through issues.  

    Shortly after I joined Reed Smith in 1997, I became the lead associate on a major litigation acting for the BBC in defending the arrangements it had entered into with the Premier League to acquire the exclusive rights to broadcast highlights of English Premier League football matches on its flagship Match of the Day programme. The BBC was ultimately successful in that litigation following a trial in 1999.  Not only was that a fascinating and high profile case to work on, but it also enabled me to work very closely with Sarah Jones, then the BBC’s head of litigation, and who for many years now has been the BBC’s General Counsel.  Sarah is both a formidable lawyer and wonderful person, and remains one of my very best friends in the law.   Since that Premier League football case,  I have been very fortunate to advise the BBC and its group entities on many significant matters, right through to the present day.  

    In the course of my now almost 27 years at Reed Smith, I have also been very fortunate to have worked with many colleagues on arbitrations and litigations involving clients and disputes all round the globe including India, Africa, the US, the Middle East, Singapore and SouthEast Asia, Mongolia, Kazakhstan and South America, amongst others.   Those matters have all been great learning experiences, and have involved a wide range of industry and business sectors.  The ability to work with clients and lawyers in those jurisdictions has been a real privilege as has being able to travel to so many countries as part of those cases.  I genuinely did not think that I would visit so many countries when I was growing up in London.   It has also been uplifting to see several lawyers who have worked with me on those cases achieve promotion at Reed Smith;  a number are now my partners and a number have moved to prominent in-house roles.   The success of each of my mentees has been a key milestone.   

    I shall always be thankful for being made a partner at Reed Smith in 2000,  being asked to serve as the founding managing partner of Reed Smith’s Singapore office and being based in Singapore from 2012-2015, and for being a member of Reed Smith’s global board, its Executive Committee, from 2017-2023.  

    Looking at the list of representative matters, you’ve represented clients in a wide range of industries and jurisdictions. How do you navigate the unique challenges presented by different sectors and legal systems?

    The variety is stimulating and, as every case is different, each is always a great learning experience.  There is inevitably a core skill set which all disputes lawyers need to have, but being able to adapt, take things in stages, and think flexibly is important.  There is also never a monopoly on wisdom, and everyone on the case team has an essential and valuable role to play.  Working in a wide range of industries has given my colleagues and I the ability to interact closely with a broad spectrum of clients and form several long-lasting relationships.   Almost invariably the external legal team and the client team become a seamless unit, looking out for each other and working towards common goals.   Working on matters involving lawyers in other jurisdictions, apart from my home jurisdiction of England and Wales, is a fabulous way to expand our minds and to think even more broadly.  When you also throw expert witnesses into the mix, that adds to things even further. We all learn a lot from each other, work symbiotically and continually appreciate that there are different ways to approach issues.  That sums up what it means to be involved in international litigations and arbitrations.        

    How has your experience as an educator informed your approach to complex legal matters, and do you see any intersections between teaching and practicing law?

    A phrase I read many years ago is that the legal profession graces lawyers, and lawyers do not grace the legal profession.   It is therefore important to give back and to share knowledge, experience and expertise. I have always enjoyed giving talks on legal topics, speaking at conferences, teaching occasional classes, writing articles and contributing to legal publications.  None of us stops learning.   The law is dynamic and constantly evolving, and being as up-to-date as possible is essential.  Being close to the core legal principles, practical developments, different viewpoints from commentators and possible areas for reform are essential to make the most of practising the law.   Clients also expect us to not only have excellent judgment but to always be on top of legal learning, and so there is no substitute for that.        

    Balancing responsibilities as a former managing partner of Reed Smith’s Singapore office and chair of the India Business Team must have been challenging. How do you balance leadership roles with your legal practice?

    With the support of incredible colleagues.  Doing what we do is all about teamwork and supporting each other.  It is rightly expected that senior lawyers should give back to their firms in a tangible and meaningful way through leadership roles, but no one can do everything.  I am very fortunate to have so many amazing colleagues with whom I have worked closely over the years, and with whom I continue to work, who have enabled me to do what I do.         

    You’ve received numerous honors and awards, including being ranked in Chambers UK and listed as a ‘Leading Individual’ in The Legal 500. How do such recognitions impact your approach to your work, if at all?

    Any recognitions are of course hugely appreciated but they truly primarily reflect on my colleagues with whom I work.  It is also a broad team – my executive assistant, paralegals, trainee solicitors, associates, of counsel, and other partners.   As a mentor,  the objective should not be to have my mentees equal me but instead for them to surpass me.

    Coming towards the end of this conversation, what advice would you give to law students or fresh graduates who are considering a career in international commercial arbitration and litigation?

    Do it.  Go for it.  International commercial arbitration and litigation is an incredible practice area. Working on the resolution of major global disputes and advising clients, be it through arbitration, litigation or mediation or other types of proceedings,  in a mix of industry sectors, will stimulate, challenge and test you,  but it will in equal measure bring great satisfaction, sharpen your legal skill set and continuously broaden your learning.

    Get in touch with Gautam Bhattacharyya-

  • “Another important aspect I learnt in the formative years of my career is teamwork. It is one of the most crucial yet neglected areas, if properly appreciated teamwork can yield results which have no bounds.”- Tushar Roy, Founding Partner at RG & Kumar LLP

    “Another important aspect I learnt in the formative years of my career is teamwork. It is one of the most crucial yet neglected areas, if properly appreciated teamwork can yield results which have no bounds.”- Tushar Roy, Founding Partner at RG & Kumar LLP

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share with us what initially sparked your interest in pursuing a career in law?

    I was born and raised in Kolkata, West Bengal. After completing Class 12, I was looking for options other than the traditional courses like B.Com, BBA or pursuing CA.  It was then, I chanced upon the integrated 5-year law course and thought of giving it a try. I pursued my graduation B.A. LLB from M.S. Ramaiah College of Law.

    In college my interest towards Law grew more, as I was fascinated about Contracts and its various facets which has helped me later in building a career as an Arbitration Lawyer. Till date the nuances of contract fascinate me.

    With your diverse experience across various law firms and legal internships, how did those early experiences shape your understanding of the legal profession?

    Each internship and each role in my previous law firms taught me a different lesson. As far as my internships are concerned, I was learning the practical aspects of law as practice. Furthermore, during internships, I was more inclined to join in-house or corporate law firms. In my college I was also steer heading the placement committee with my dear batch mates. Being involved in the placement committee, I realised getting through in-house and joining a well known law firm would be difficult. Hence, after finishing college, I went to Delhi, through a friend’s reference I had joined a litigating lawyer practicing before the Supreme Court of India. I still remember my first day at the senior’s office. I was told to go to the Competition Commission of India, where I had the good fortune of observing a high-stake matter between a star cricketer and a sports apparel giant. During my first few weeks as a litigation lawyer, it was tough, as the picture I drew in my mind was of a big office and big pay scale. During this time, I had got an opportunity to join in-house, however, by this time I enjoyed appearing before various Courts and it was then I realised, I want to be a litigating lawyer. During my time as a junior advocate, since I was not local and being a first-generation lawyer, it was difficult to join good chambers/law firms, I used my learning from my placement committee days in college and kept on contacting chambers/law firms, fortunately, I have been able to get through some good chambers in Delhi and worked with a well-known law firm in Delhi. I have learned a lot from my seniors/mentors with whom I have been associated.

    During my term as senior associate with a well-known law firm, I was trying to start my own setup. I had consulted a very good friend, who already had her own practice ongoing. She agreed to join me as a partner for opening a law firm. My journey with RG Legal Associates started in 2019 and thereafter we grew in number and we had the good fortune of adding two more partners and then our law firm was rebranded to RG & Kumar LLP. It is always tricky when one starts practicing/runs their own setup, that becomes a different ball game altogether, because, as a professional one becomes answerable to their clients. Especially when stakes are very high in the matter, the entire gamut changes. I have also learned through my seniors. What I am today in the professional field I owe to my mentors under whose mentorship I commenced my professional journey.

    Another important aspect I learnt in the formative years of my career is teamwork. It is one of the most crucial yet neglected areas, if properly appreciated teamwork can yield results which have no bounds.

    .                            

    What motivated you to specialize in areas such as Corporate and Commercial Litigation, Arbitration, and White-Collar Crimes?

    I took up all sorts of work that came my way. However, since the start of my career, I have always joined chambers/law firms specialising or have worked in arbitration/commercial litigation. I have been keen in reading materials about Arbitration, I still try to read one judgment on arbitration every day. For my love for the subject, I had completed the Associate level of professional curriculum offered by Chartered Institute of Arbitrators, London. I still plan to complete the remaining curriculum.

    For matters in White Collar Crimes, I would have to give credit to my friend Ms. Kinnori Ghosh, Partner, RG & Kumar LLP. She is the one who heads this practice area in our firm and I have learned a lot from her. Whatmore attracted me to White Collar Crimes cases is the commercial angle involved in it. Interestingly, my client base has been more of Commercial litigation and white-collar crimes. Also, the complexities of special acts added as a catalyst to me, to read and find out of the box strategies for my client, which has in turn helped my clients.

    We see you’ve represented clients across different forums and even internationally. Can you walk us through a particularly challenging case and how you navigated through it?

    There is this case, wherein, the Government of India is requesting the extradition of my Client from London and the extradition proceedings were going on before the Westminster’s Court, UK. We as a team were working remotely round the clock for our client during the COVID-19, we had to work both Indian and UK time as well, as we had conference calls with a law firm based in London. We were opposing our Client’s extradition proceedings. Also, we had to appear as an expert witness in the matter to assist the Magistrate Westminster’s Court, UK in understanding Indian laws. That is one case where my team and myself had to work on dual jurisdictions and work on both UK and Indian timings. Coupled with the fact that extradition in itself is a very critical aspect where a number of technical aspects are to be checked and extensively worked upon.

    As a certified Associate Arbitrator and a member of the Young Singapore International Arbitration Centre, what drew you to arbitration, and how has it enriched your legal practice?

    Arbitration as a subject always excites me and as the law in arbitration is evolving and the steps taken by the various stakeholders to make it more efficient further adds to my interest. Further, being members of these prestigious institutions, the one advantage that one gets is to attend events and interact with the experts. We as a firm always encourage our partners to attend knowledge sharing events organised by the likes of SIAC.

    You’ve been involved in matters related to Money Laundering, Customs, and other White-Collar Crimes. What unique challenges do you face in handling such high-stake cases, and how do you overcome them?

    In matters of money laundering, customs and other white-collar crimes, the stakes involved are huge, to share one of such incident, we were assisting one of the companies in customs case, wherein, we as an organisation had to get a stay order from the Jaipur Bench of Rajasthan High Court, failure on our part would have resulted in halting of production of our client, in consequence it would have impacted the production of another listed company of which our client is the exclusive supplier for certain product to that listed company. Overnight we had the writ petition drafted and the same was filed and listed the next day. We were shuttling between Delhi and Jaipur for this specific matter. Our team had strategized the situation so well that we were able to get relief for our client without hampering the production and/or business of our client.

    Lastly, considering your journey from law school to becoming a partner at RG & Kumar LLP, what advice would you offer to recent law graduates embarking on their legal careers?

    Well, first and foremost, take care of your health, this was the first advice that I had received from my seniors that I have worked with. One can deliver the best if one can take care of his/her health. 

    Never give up, the worst of situations can turn around the best for you. To share one incident, in one of the matters we were briefed by a lawyer from Kolkata, wherein, our client had lost before the MM Court, Sessions Court, Calcutta High Court and thereafter we had filed SLP for stay of arrest for our client before Supreme Court of India, we had no hope in the matter, as concurrent findings were against our client, to our surprise we were able to get a stay on arrest from the Supreme Court of India. 

    Always be prepared with your brief, a client is more comfortable with a professional who is well versed with the facts of the case, this will help one to retain the client for a long period and most importantly will help one to get the best results for the client.

    One should stay updated with the latest developments of law, one aspect I have learnt from my senior is reading one judgment a day. It helps you give a boost to your knowledge and also helps you stay confident in representing your clients or appearing for an interview.

    Further, a lawyer should always socialise and should always meet people not only from the legal fraternity but also from people from different industries.

    Lastly, you will know what choices you make.

    Get in touch with Tushar Roy-

  • “Legal compliance is not just a requirement; it’s a commitment to ethical practices and client trust.” – Explore the symbiotic relationship between luxury real estate and legal expertise, Rohit Chopra, Consultant & Founder of South Delhi Prime and Goa Prime.

    “Legal compliance is not just a requirement; it’s a commitment to ethical practices and client trust.” – Explore the symbiotic relationship between luxury real estate and legal expertise, Rohit Chopra, Consultant & Founder of South Delhi Prime and Goa Prime.

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

    Congratulations on your remarkable 27+ years in the real estate industry! Looking back, your educational journey reflects a focused approach towards real estate from an early age. Can you share what inspired you to choose real estate, and did you always know this was the path you wanted to pursue?

    Real estate as an industry has excited me since early childhood. There’s no exaggeration if I say that I decided to become a realtor while I was still studying in school. As I completed my high school education and stepped out to become a realtor, I consumed every little detail about the market (South Delhi) I wanted to specialize in. This happens to be the area I grew up in and to some extent knew inside out. In the days to come, I realized that demand for luxury homes around the area was skyrocketing and there was immense scope to expand my services across different locations so yes the approach was always focussed.

    That’s when I decided to partner with locational experts and take my business https://southdelhiprime.com/ to an all-new level. In fact, I’ll say I always enjoyed and still enjoy influencing friends to join real estate

    Starting a company is a significant undertaking. What were the most challenging aspects you faced during the startup of South Delhi Prime, and how did you overcome them? Any lessons you learned that you would share with aspiring entrepreneurs, especially from the current generation?

    For the 27-odd years that I have been in the shoes of a realtor, not once have I felt intimidated to take the lead. I will credit all the stakeholders who made me feel at ease while crediting myself for putting in the backend work. However, if I have to list one challenge, I’d say it has to do with helping every team member find their purpose while making room for their personal growth and satisfaction.

    To achieve this objective, I feel it is necessary to encourage dialogue, mostly 1:1 interactions wherein the leader can understand the teammate’s state of mind and suggest accordingly. Being in the business of selling super luxury homes, managing the art of frustrations and disappointments, having supreme self-belief, and trusting in the process is of paramount importance, thus when every team member is on the same page, I believe can organizations walk collectively in the direction of fastened progress to become a dominant leader in the business. I’d like upcoming startup founders to take note of this.

    Given your involvement in luxury real estate, what unique challenges and opportunities do you find in dealing with high-value transactions, and how does your educational foundation in Law aid you in addressing these challenges effectively?

    Since we run a 100% referral business there are no major challenges as such because the person approaching us already has the required faith and belief that we’d be able to help them find their dream luxury property. However, there is one realization I have developed in the process, which I believe can act as a great opportunity of success too, which is to be a continuous learner. Also I feel delegation and moving away from micromanagement has helped us in being fully available to our clients – right support at the right time ideology.

    In terms of my educational foundation in law, this degree surely complements my role as a realtor by enabling precise contract drafting, ensuring terms are clear and favorable. It aids in compliance with regulations, safeguarding clients from potential pitfalls. Familiarity with property laws and zoning regulations enhances the ability to identify viable investment opportunities and mitigate risks, which can eventually be optimized in the interest of our clients. Furthermore, during deliberations regarding the property’s title chain with either the Seller, the Buyer, or their legal representatives, I am equipped to offer guidance and advice concerning the accuracy of the title, while also facilitating the provision of necessary legal remedies.

    You’ve mentioned that South Delhi Prime is the digital arm of ‘SanD Advisory Pvt Ltd.’ How has technology, especially legal tech, played a role in shaping and enhancing your real estate advisory and transaction processes?

    I’d like to believe legal tech has revolutionized the real estate landscape by streamlining processes and enhancing efficiency. For instance, automated contract management has helped improve the accuracy and speed of closing transactions and reduced overall administrative burdens. In fact, online platforms always come in handy to provide quick access to property laws, zoning regulations, and market trends, a must-have for realtors and clients alike. Blockchain technology and E-signature tools are other interesting legal tech alternatives, I believe can change the face of the real estate market. I’d conclude by saying that in today’s digital age, what is real estate without legal tech?

    As a principal consultant and entrepreneur with a focus on start-ups in the real estate domain, how do you believe your educational background in law has equipped you to make strategic decisions, and what qualities do you consider essential for individuals venturing into entrepreneurship in this industry, especially when navigating the initial legal challenges?

    I’d say my educational background in law has helped in shaping my strategic mindset, which I believe is vital for navigating the complex legalities in the real estate landscape. The ability to interpret intricate regulations and negotiate contracts is paramount, something my law background helps me with tremendously. Moving ahead, the essential qualities I believe real estate entrepreneurs need to possess are adaptability to the ever-evolving legal frameworks, a keen analytical eye, and effective communication. Moreover, to be able to navigate initial legal challenges, resilience, proactive compliance measures, and a commitment to ethical practices become mandatory. 

    With the rise of legal tech solutions, how do you see technology continuing to influence the legal and real estate sectors? Are there particular innovations that have significantly benefited your practice or streamlined operations?

     From what I have noticed the surge in legal tech has helped shape the legal and real estate landscape by ensuring efficiency and precision. Innovations like AI-powered contract analysis fasten transactions, while blockchain ensures secure and transparent property deals. Virtual reality enhances property showcasing from the comfort of our homes. For our business per se, digital platforms for market analysis and e-signature tools have been of significance to streamline our luxury real estate business, saving time and enhancing client experiences, which happens to be the ultimate goal of our business.

    Considering your proficiency in law, are there specific legal trends or changes in regulations that you believe will significantly impact the real estate landscape in the near future?

    As a luxury realtor, who has been around for almost 3 decades now, having explored the traditional way of working to now getting a taste of the best of the digital world offerings,  I anticipate several legal trends taking the real estate space by a storm. I’d like to believe increasing emphasis on sustainable and green practices may end up influencing property development regulations. Similarly, data privacy laws shall become vital in handling client information securely, a non-negotiable in today’s times. Zoning regulations could eventually accommodate flexible workspaces. Additionally, emerging technologies, like blockchain, can revolutionize property transactions. These are just some of the many trends I can immediately think of.

    With your extensive background in sales and marketing, how do you ensure that legal considerations are seamlessly integrated into the overall strategy of acquiring and selling real estate assets for your clients?

    I would say exercising rigorous due diligence precedes each transaction at South Delhi Prime and now Goa Prime, which helps with mitigating risks and placing client interests on the pedestal. Similarly, practicing transparent communication on legal nuances proves equally integral in client interactions, eventually instilling trust. We also make it a point to tweak our sales and marketing strategies in line with the legal frameworks, thus optimizing property positioning. With this approach, we have been able to maximize asset value, safeguard client interests, and set a standard of excellence in the luxury real estate domain.

    What made you choose the South Delhi Market? Do legal dimensions change in real estate based on the region and if yes to what extent?

    Like I said earlier, having grown up in South Delhi and having known the region inside out was one of the pivotal reasons behind me fixing my mind on the South Delhi luxury real estate market. South Delhi is home and with South Delhi Prime we wanted to make our clients feel at home.

    To answer the second part of the question, yes, legal dimensions in real estate do vary significantly based on regions. In fact local laws dictate property rights, zoning regulations, and transaction procedures. From land use policies to contract requirements, regional nuances play a crucial role, making it crucial for realtors to develop a deeper understanding of specific legal frameworks and eventually navigate related complexities.

    Balancing the demands of a thriving real estate business with your personal life can be challenging. Tell us more about what your day looks like.

    Work days are extremely busy for me. Being a realtor, most of my business associations ride on relationships. To build these relationships, it is necessary for me to step out in the field, go meet people, pass on information, note down their requirements, and ultimately help them with their dream property. One word to describe my routine is Hustle-Continuous Hustle day in and day out.

    On starting my day, I tend to finish any e-meets that may be scheduled. Then I drive either to work or the client’s/prospect’s home/office. Breakfast usually happens between meetings. At work, I get done with all that is a priority before again moving to the field to keep in touch with the happenings. Usually, my days are very busy but I have no complaints.

    I always dreamt of becoming a successful realtor and today living my dream is what gives me a different kind of high. All the team members share their schedule for the day and I try to join them wherever I am needed and wherever I can. For more than 27 years I have been following one motto – I have to do the most productive thing possible in any given moment. Had read it somewhere and it has stayed with me since🙂

    In your experience, how crucial is legal expertise in the real estate industry, and what advice would you give to aspiring entrepreneurs about navigating legal complexities in this field?

    I’ll say legal expertise is paramount in real estate as it heavily influences transactions, contracts, and compliance. For aspiring entrepreneurs, I’d suggest understanding local laws, contracts, and staying abreast with the evolving regulations is crucial. Similarly, whenever possible investing in legal education, consulting with experts, and prioritizing compliance to mitigate risks is equally critical to long-term survival and success. A solid legal foundation ensures ethical practices, builds trust, and is instrumental in establishing a successful and sustainable real estate venture, which is why I’d encourage entrepreneurs to not shy away from acquainting themselves with legal knowledge and avoid fearing related complexities.

    Ultimately, when acquiring a real estate asset, you are purchasing not only the physical structure or land but also the associated title papers. The integrity of the title papers is paramount, as the real estate asset represents a legacy asset, necessitating legal precision and correctness at 100% each time and every time. 

    Get in touch with Rohit Chopra-

  • ” I like the variety that comes with being a practising advocate. I did not deliberately choose these practice areas, most lawyers don’t get that choice– at least not initially when you’re starting out”- Devyani Gupta, Advocate-on-Record, Supreme Court of India

    ” I like the variety that comes with being a practising advocate. I did not deliberately choose these practice areas, most lawyers don’t get that choice– at least not initially when you’re starting out”- Devyani Gupta, Advocate-on-Record, Supreme Court of India

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share with us the pivotal moments or experiences that led you to pursue a career in law, particularly your journey from your undergraduate studies at National Law Institute University, Bhopal, to earning an LL.M. from Cornell Law School?

    I just went with the flow and ended up where I did. When I was in school, I was very sure that I’ll be studying English Hons. in Delhi University. Most of my classmates in school were heading to DU and I felt like that is where I want to be as well. But I cleared CLAT and allowed myself to be talked into studying law – and boy, am I glad I did! Although I was quite average academically, the five years I spent at Bhopal were very fulfilling. The decision to apply for Masters was also one without a lot of planning behind it –I was in the final year of my course, I had no job and I had no idea what I wanted to do. I made a last minute decision to apply for LL.M.. In fact, some of the admission deadlines for colleges had already passed by the time I got around to applying. My LL.M. year was very enriching and I thoroughly enjoyed it.

    As an Advocate-on-Record at the Supreme Court of India, you have a diverse range of experiences, including representing political parties and government departments. What motivated you to specialize in areas such as commercial law, service law, constitutional law, and election law?

    I like the variety that comes with being a practising advocate. I did not deliberately choose these practice areas, most lawyers don’t get that choice– at least not initially when you’re starting out. You say yes to all kinds of work. For me, this diversity is what keeps the work exciting and interesting.

    During your time at Cornell Law School, you served as an Associate Editor for the Cornell International Law Journal and as a Researcher for the Center on the Death Penalty Worldwide. How did these roles shape your perspective on the legal profession, and how do they contribute to your current work?

    My work as an Associate Editor for the Cornell International Law Journal felt like a natural extension of my work at the NLIU Law Review when I was in Bhopal. I had been a part of the journal since the first year, and continued up till my final fifth year when I was effectively in-charge of the Editorial Board – Content Review. At CILJ, I had an exposure to how much more professional these journals are; you work on tight deadlines, the articles and publications are by well-known academics, the editing is strict, the citations must always be as per the Bluebook. I feel like my editing experience helps me write and draft better. It instills an ability to discern good writing quickly.  

    My time as a Researcher with the Death Penalty Worldwide was shorter. I felt like I had taken on too much, what with all the credits and extra-curricular activities, and could not continue it for longer. 

    Drafting and researching constitute a big chunk of my professional responsibilities, so I’d say, yes, these experiences definitely help me now.  

    From your extensive internship experience, including working at Parekh & Co., Amarchand & Mangaldas & Suresh A Shroff & Co., and others, which experiences had the most significant impact on your development as a legal professional, and how did they influence your career choices?

    I did not do as many internships as some of my classmates and colleagues. But from the ones I did, I got a fair look into the workings of litigation chambers, litigation law firms and corporate law firms. I also got to work with an Intellectual Property Rights team, specifically the patents team of a law firm. Through these experiences, I realised that (A) I’m probably better suited as a litigating lawyer over a transactional one, and (B) I’d rather work with a small team of a few colleagues than with a large team of people. The internship experiences brought that clarity at some point.

    You’ve been involved in varied cases relating to Constitutional matters, and also many election disputes involving RP Act, symbol order etc. Can you share a specific case or experience that challenged you professionally and how you navigated through it?

    I think each case is a new challenge in itself. I cannot think of anything specific at the moment but I am looking forward to a few 7-judge bench matters that are scheduled to be listed where I am involved as the Advocate-on-Record. 

    What made you decide to take the New York Bar Exam? Have you had the experience of handling cases before US Courts as an Attorney and Counselor-at-Law in the State of New York. 

    Most international students in my LL.M. cohort were very keen on taking the New York Bar Exam. On finding that I can easily fulfil the eligibility requirement by taking certain credits from a list of a few select courses, I decided that I will also take the exam and see where it takes me if I pass. I was open to exploring work opportunities outside but I didn’t know what kind of law I wanted to practise. 

    I passed the NY Bar, but I came back to India soon thereafter and joined the litigation chamber of an Advocate-on-Record. The NY Bar qualification is now just an embellishment on my CV. My feet – and practice – are firmly planted in the Supreme Court of India.

     Lastly, considering your rich and varied experiences, what advice would you give to recent law graduates who are embarking on their legal careers?

    There is no straight line to success and everybody’s experiences are different. Don’t compare your path to others’. Stay motivated and stick it out. Showing up is half the battle.

    Get n touch with Devyani Gupta-

  • “Every hearing teaches something new; every case shapes a better advocate. In the dance of law, advocacy is my rhythm, and justice is my melody.” – Sonali Chopra, Partner at Arimus Law

    “Every hearing teaches something new; every case shapes a better advocate. In the dance of law, advocacy is my rhythm, and justice is my melody.” – Sonali Chopra, Partner at Arimus Law

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

    Reflecting back on your college days, could you share your journey from how you thought of doing law to your college days, and how did you navigate the transition from college to the legal profession, especially as a first-generation lawyer? What were the challenges you encountered, and how did you overcome them to establish your career?

    I have always been my mother’s “brighter” child. When the time came for me to choose a career path, my mother casually suggested law. Being a first generation lawyer, I had no insights into the profession, its scope or its demands. In fact, I had absolutely no first-hand knowledge about the life of a lawyer, beyond what is depicted in television, movies and John Grisham novels. At that time, after I compared law to the other conventional career choices, being a lawyer excited me the most. As my curiosity drifted towards law, the decision was made. To be honest, when I look back, I think doing law was just a choice I made by chance. But almost 15 years later I can honestly say that it was one of the best choices I have made.

    I studied law at Dr. RML National Law University and I am who I am today because of what my time in law school taught me. The five years I spent in law school were very internship centric. After the internships I did in my first year of law school, I realised that they gave me the practical exposure that law school did not. From my second year in law school, I started interning, every chance I got. While not taking away from the importance of academics, I truly feel that internships gave me first-hand knowledge about the profession. They exposed me to the practicalities and realities of a lawyer’s life. 

    Owing to my internship experiences, by the end of my third year in law school, I was quite sure that I wanted to start my career as a litigation lawyer. 

    My transition from college to the legal profession was smoother than I had anticipated it to be. Before I finished my last semester, I had job offers from two litigations firms. One offer I got was on account of a long internship I did at the firm and the other one was on account of an interview I gave while I was in my last semester. 

    In 2013, Lawctopus and Legally India posted several job openings. I remember I applied for the opening of an Associate at Arimus Law. I got an interview call. The interview was assessment based and not just an interaction with the Partner, Mr. Arjun Singh Bawa. A day before the interview I was sent a fact sheet and was told to prepare arguments from both sides. The interview was like a moot court competition. I argued my case and I got the job! It was one of the most exciting interviews I ever gave. In fact, even now, 10 years later, we still follow this assessment interview model while hiring at Arimus Law.

    The only difficulty I faced during the transition was the choice I had to make between the two job offers. One was with a very reputed law firm and one was with a comparatively newer law firm. Not having a mentor in the profession to guide me in the right direction, this choice was a tough one to make. I weighed the pros and cons, as I knew them then, and took the decision to join the latter, Arimus Law. My decision was swayed by the fact that Arimus Law had more trial work. 

    During this roller coaster ride, the biggest challenge I encountered was not having a professional mentor who I could go to for advice and guidance. 

    You’ve worked with various renowned advocates and senior advocates. Can you share a memorable experience or lesson that significantly influenced your approach to legal practice?

    I have been very fortunate to have got the chance to work with several renowned advocates and senior advocates. Every interaction with another lawyer has taught me something but the key learnings I have got over the years that I still keep in mind today are:

    1. Put effort into your list of dates and synopsis. It might be the only thing a Judge reads before dealing with your case. 
    2. Pleadings can make or break a case. Draft crisply, there is no need for non-essential verbosity. 
    3. Master your brief. Don’t just read it, think about it, dream about it. Make the brief your story. 
    4. By failing to prepare, you are preparing to fail. 

    You’ve had a diverse and impactful legal career, starting as an Associate at Arimus Law and now being a Partner in the same firm. Can you share a memorable experience or case that has significantly shaped your journey as a lawyer?

    While I was still in law school, my mother’s ancestral property in Delhi became the subject matter of litigation. I (and also my mother) strongly believe that this case has played a major role in making me the lawyer I am today. Being a property related dispute, it has a civil law angle, a testamentary law angle and also a criminal law angle. 

    When I was in law school my mother used to go and attend the hearings of this case before the Hon’ble Delhi High Court. Before each hearing I would have long conversations with my mother about what the case was listed for, what the lawyer’s strategy was, what could be the possible outcomes of the hearing etc. Whenever I was in Delhi for an internship or a break, I used to accompany my mother for meetings with the lawyer and for the court hearings. 

    The fact that I became a litigant before a litigation lawyer changed the way I deal with my Clients today. I make an effort to be more compassionate, empathetic, honest and available to my Clients. 

    It is also this case that enabled me to, very early on in my career, familiarise myself with the dynamics of a courtroom. What I have learnt about courtroom dynamics from this case is something that I benefit from, till date. Effective advocacy is so much more than just knowing the law. During the initial years of my career, the exposure I got from this case helped me bridge the gap between the theoretical world of law and the real-world courtroom dynamics.

    This case is still pending adjudication and every hearing still teaches me something new. 

    You’ve been appointed as a Local Commissioner to record evidence in various Suits by the Ld. Judges of the District Courts of Delhi. Could you share some insights into this role and how it contributes to the legal process?

    I’d like to start by quoting from the judgment of the Hon’ble Delhi High Court passed in Pushpa Devi Vs. Bimla Devi & Ors. (AIR 2000 DELHI 141)  – 

    “…However sad as it may seem the reality today is that Suits do not reach hearing for a large number of years…Delay therefore defeats justice”

    This judgement was passed over 2 decades ago but the situation unfortunately is still the same. 

    In my active practice before the trial courts in Delhi and on the original side in the Delhi High Court I have witnessed cases languishing for years at the stage of evidence. This is solely because of the sheer burden there is on the Courts these days coupled with the lack of infrastructure. I truly believe that the process of appointing local commissioners to record evidence in suits has considerably cut short the time a suit takes to become ripe for arguments. 

    You transitioned from an independent practice to becoming a Partner at Arimus Law. What factors influenced your decision to join the firm, and how has this shift impacted your approach to legal work and professional growth?

    I started as an Associate in Arimus Law in 2013 and I worked there for almost 3 years. 

    During my time at Arimus Law, I got the chance to research, draft, participate in client meetings and appear before multiple courts in a day. Within the first 6 months at Arimus Law, Mr. Bawa gave me the opportunity to argue a matter that I had drafted and got filed before the Hon’ble Delhi High Court. One evening before the matter was listed, Mr. Bawa made me practice my arguments before him and the next date he sat next to me and told me to take the lead. Every day after I came back from Court, I had so many questions, about the law, about the procedure or about an argument I heard another lawyer make in Court. Every evening somewhere between 7 PM to 8 PM, Mr. Arjun Singh Bawa, my then boss (and now Partner) used to wrap up his client meetings and take a coffee/snack break. It was during this time that I used to go into his cabin and bombard him with all my questions and doubts. I still remember how he used to patiently answer all my questions and clear all my doubts. Soon this became a ritual. My time as an Associate at Arimus Law was enriching and very rewarding. 

    After about 3 years, I started feeling complacent at work and that is when I decided to quit Arimus Law and look for other opportunities. Over the next 3 years I worked at various other chambers and gained more experience. 

    In 2018, when I had a few clients and enough money in my account to make rent for six months, I decided to take the plunge and set up my independent practice. To be honest, it was very daunting at the beginning. There were many unsettling moments of self-doubt, unsureness and fear. But with God’s grace, luck and a lot of hard work, I think I was able to establish a successful independent practice. I never gave myself enough credit but when I survived the COVID 19 pandemic without having to give up my office space, I realised I had done something right. 

    After I started working independently, I collaborated with Arimus Law for a few matters. In the end of 2022, when we had come out of the pandemic, I began wondering, “what next?”. To my surprise, serendipitously, in the beginning of 2023, Mr. Arjun Singh Bawa offered me partnership in the firm. 

    The 2 primary factors that influenced my decision to take up this offer were the experience I had working as Mr. Bawa’s associate in Arimus Law and the collaborative work environment that a firm set up can offer more easily as opposed to independent practice.

    The shift from being an independent (first generation) counsel to a Partner in a law firm has definitely made me more equipped. With the assistance of the exceptional team that we have built at Arimus Law, I am able to do more work without compromising on quality. 

    Could you share some insights into the challenges you faced in both roles? What were the unique challenges of working independently, and how have they evolved or changed since becoming a partner in a firm? How do you navigate these challenges while maintaining the high standards of legal practice?

    The biggest challenge I faced as an independent practitioner was to acquire new clients. When I started my independent practice in 2018 I had a handful of clients. I remember the time when I had court hearings only 2-3 times a week. This was a tough adjustment after being an associate in chambers where I’d get to appear in multiple Courts in a single day. However, I used that extra time I got out of Court to work more extensively on my briefs and find ways to get my Clients favourable results. Eventually, over the years I was able to do some good work for my initial clients who then graciously recommended me to their friends and family. 

    At Arimus Law I work with 3 other Partners. Mr. Arjun Singh Bawa who primarily handles commercial and contractual disputes, Mr. Arjun Dewan who primarily handles criminal and medical negligence disputes and Mr. Arjun Mukherjee who primarily handles IPR and criminal disputes. Over the last 6 months, we have built a team of young, dynamic and very talented lawyers. I must say that it has been my absolute pleasure to have a chance to work with all the members of our team. 

    Learning to balance responsibility, not only as a lawyer but in other roles is a challenge I have faced in my current role as a Partner but I am enthusiastically learning how to be a good lawyer, a mentor, a leader, and a good team player, all at the same time. 

    You’ve revised the 16th edition of the Pollock & Mulla – Specific Relief Act, 1963. What motivated you to take on this task, and how do you believe this contributes to the legal community and practitioners?

    I believe that the legal profession and academia are interlaced. I took up this task knowing that it will complement and enrich my legal practice by providing me with a platform to learn and grow.

    I don’t know about others, but even today, in the age of the internet, search engines and legal research tools, whenever I come across a provision of law with which I am not completely familiar, I look up a commentary to find the starting point of my research. I sincerely hope the revised edition of the Pollock & Mulla – Specific Relief Act, 1963 helps members of the legal community familiarize themselves with the Specific Relief (Amendment) Act, 2018. 

    Apart from your legal pursuits, you’ve trained in Bharatanatyam and performed several Bharatanatyam Recitals under the guidance of Padma Shree Geeta Chandran. Many individuals find it challenging to sustain their passion for the arts as they become busier with their professions or during higher studies. We’re curious to know about your journey with Bharatanatyam—how did your interest in this classical dance form grow alongside your legal career?

    I was blessed to have a structured upbringing with academics, dance, sports etc. I started to learn Bharatanatyam at the age of 6. At Natya Vriksha under the tutelage of Geeta Akka, dance was just one of the multitude things I learnt. Geeta Akka filled my young mind with art, music, culture, history, mythology as well as social values of justice, equity an inclusion. Natya Vriksha was my second home. I danced regularly from the age of 6 till I turned 18, when I left to study law at Dr. RML National Law University, Lucknow. 

    Over the years I developed a passion for Bharatanatyam and all its nuances. During and even after law school I tried very hard to multitask and continue my journey in Bharatnatyam while practicing law. But both Bharatantayam and practising law are hard task masters. The practise of law leaves little time for anything else. Amidst the demands of my career in law, I could not give Bharatanatyam the time and effort it required. 

    At the age of 24, I made the very tough decision of giving up my dream of becoming a Bharatanatyam dancer. However, thanks to my Guru, Padma Shri Geeta Chandran and the Natya Vriksha Dance Company, Bharatanatyam is still a part of my life. Both my Guru and her dance company perform regularly and I am fortunate enough to have the opportunity to witness these magical performances. 

    There have been days where I feel that the law took away Bharatanatyam from me, but then, in all fairness, the law has given me back so much more!

    As a panel member in various debates aired on Times Now and Mirror Now, how do you see the role of legal professionals in shaping public discourse on legal issues?

    In today’s world, the media is playing an undeniably important role in creating and shaping public opinion. There are several instances where the general public is unaware of the correct position of law in respect of certain issues. It is in such situations that legal professionals should be made part of a public discourse in order to enable them to highlight the correct position of law. This in turn gives the public the complete information that they should have to make an opinion. 

    Internships play a crucial role in a law student’s journey. Can you share insights into the kind of internships you pursued during your college days and how those experiences influenced your career choices? Additionally, what advice would you give to law students when it comes to selecting internships, especially considering the trend where many aspire to intern at tier 1 law firms?

    My recollection of my journey and transition from law school to the legal profession is a first-hand example of the importance of internships in a law student’s journey. Being a first generation lawyer I had no insight into the realities of the legal profession. Like I said earlier, my exposure was restricted to only what was depicted in television, movies and books. 

    When I started law school, I was hopelessly home sick. To begin with, internships were an excuse to go back home to Delhi. In my first year I interned with two NGOs. I bagged these internships through family acquaintances. 

    In my second year I interned with Mr. Vikas Dhawan (who is now a designated senior). He was then an advocate practicing primarily on the Original Side in the Delhi High Court. He was our lawyer in my mother’s property matter so it was again an easy internship to get. It was my time in his office that got me really excited about litigation. However, I still wanted to intern in different fields of law before deciding which one I was most interested in. 

    The next few internships were hard to get. I did not know many people in the profession and all my e-mail applications (sent months in advance) remained unanswered. But I did not lose hope! 

    I remember, in 2011, I printed several copies of my then 1 page CV and roamed the streets of Defence Colony (the hub of lawyers’ offices in Delhi). I walked into so many offices and handed over my CV to anyone who would take it. I bagged my next few internships like this. This exercise got me the opportunity to intern with Mr. P.K. Dubey ( now a designated Senior), Zeus Law, Mr. A.S Chandhiok (Senior Advocate), Sikri & Company etc.  

    I also briefly interned in the Corporate Division of O.P. Khaitan & Co. After my previous internships in the field of litigation, my short stint here was enough for me to know that I was not meant to be a corporate lawyer. The stifling hustle-bustle inside and outside the courtrooms  excited me the most. 

    I personally did not intern in any tier 1 law firm. This was only because I never got the opportunity. During my law school years I did fret a lot about not having any tier 1 law firm names on my CV but then, there was honestly not much more I could do about it. 

    I chose to not give up or lose heart. I took up every opportunity I could lay my hands on. I made connections as I went. And, I worked hard, very hard. 

    Being a first generation lawyer I can be very blunt and say, the journey can be challenging. My only advice to law students and young lawyers is to be brave, be curious, chase experience and continue learning. Take up every opportunity you can lay your hands on, be it big or small. There is no better teacher than experience!

    Get in touch with Sonali Chopra –

  • “Travelling to various Courts per-se add a great value, however, arguing a matter before another Court apart from your regular Court adds more experience and sharpens the argumentative skills”- Devmani Basal, Associate Partner at SNG Partners

    “Travelling to various Courts per-se add a great value, however, arguing a matter before another Court apart from your regular Court adds more experience and sharpens the argumentative skills”- Devmani Basal, Associate Partner at SNG Partners

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Sir, could you please share the story of how you initially decided to pursue a career in law? Were there specific experiences or influences that led you to choose this path? 

    First of all, I am a second generation lawyer. I was motivated to pursue law from the beginning as Law is a noble profession and contributes a lot to society. Since my childhood, I have seen my Father’s contribution towards society as his core practice area was Criminal Law. However, during my college days, I was much inclined to pursue my career in the stock market being financially connected which goes to my core passion. Simultaneously, I was pursuing Law and finally, I decided to shift myself to Law especially in Commercial matters, which is a mixed bag of finance and commerce. I, then, shifted to Delhi.

    With almost 12 years of experience across litigation, commercial arbitration, and consumer and company litigation, what motivated you to specialize in these specific areas within the legal field? 

    I am passionate to read and learn more and more deep into financial activities related to business and commerce. This interest connects me with the litigation and enlightens me to understand the problem of a businessman in a much better way, which ultimately led to making a business decision. Law can be practiced by anyone but having basic knowledge over the general subject of the case either commercial, arbitration or consumer or company makes things easier to resolve the query in an effective way. Like an Advocate having understanding of stock market would be able to pursue a case related to stock market than a novice. Since I have interest in reading these topics, I was more inclined to specialise in the above specific areas in the legal field, so that I can deliver better than ordinary. 

    Your career includes appearances before various High Courts, the Supreme Court of India, and various tribunals. Can you highlight a particularly challenging case you’ve worked on and discuss the strategies you employed to navigate through it successfully? 

    It was in Sep’ 2014, when I caught up in a matter before Hon’ble Supreme Court. I briefed a Senior Advocate, however, he was stuck in a traffic jam and could not make it on time. I was called upon by the Bench to argue. With hesitation, I began and strenuously argued the matter. When I finished my arguments, my Senior reached the Court. However, by that time, the Hon’ble Court reserved the matter for order. The judgement was delivered in the month of March’ 2015 and finally, we succeeded. This case taught me to always be ready with the brief irrespective of engaging a Senior Advocate. I have fearlessly appeared before almost 11 High Courts of the country and numerous District Courts and Tribunals across the country and independently argue the matters. This rich experience and exposure are completely devoted to my Senior Colleague Mr. Ajay Abhay Monga Advocate, who always reposed faith on my skills and offered opportunity as and when it appeared.  

    Given your expertise in Consumer Laws, Commercial Law, and other areas, how do you stay abreast of the ever-evolving legal landscape, especially with regards to amendments and changes in laws and regulations? 

    In the current scenario, especially the deep presence of online updates and platforms, it becomes easy to keep updated. However, specific laws get evolved as and when I work upon a case file. I must state that sitting in Court, in idle time, is indeed a good way of learning and keeping updated, apart from learning argumentative skills and to have a broad idea about the temperament of a Judge.

    You’ve been associated with significant reported judgments, such as Millennium Wires vs. The State Trading Corporation of India. Can you share the role you played in these cases and the impact they had on your legal career? 

    As explained to you above, the case you highlighted was a game changer for me as it was an opportunity to independently argue a case before the Hon’ble Supreme Court in addition to the fact that many stakes were involved. I was quite nervous in the beginning, however, after the hearing concluded, I felt immensely satisfied with my performance and it boosted my confidence to argue a case before any Court. I was involved in the above case since it was before the Hon’ble High Court of Delhi, therefore, I had good command over the facts and coupled with the fact that I briefed the Senior Advocate for hearing, so I was quite prepared with the case. The preparation, briefing and discussion with Senior and deep involvement in the case since inception, in fact, gave power and confidence to present the case independently.

    Having worked on matters related to FEMA, PMLA, and other financial regulations, how do you approach advising senior management on the legal implications of business decisions, particularly in the context of financial laws? 

    Advising on the legal implications of financial laws certainly depends upon the kind of business my client is involved in coupled with their requirements. Those days are gone by, where businesses can flourish without legal support. Presently, the laws are quite stringent, which require legal advice at every stage of business decisions. Therefore, after understanding the business model and the requirements of a particular trade, I would advise my Client in making its business decisions in line with the financial laws.

    From being an Associate to now being an Associate Partner at SNG & Partners, can you discuss the key milestones and challenges you faced in your career progression? 

    I belong to Gwalior, Madhya Pradesh and shifted myself to Delhi in Sep’ 2011 to pursue my career in law. Since, I was not much active during my college days, therefore, I was completely raw, when in fact, I entered the profession. I initially practiced with some Advocate for a period of 4 months and thereafter, I began my career with SNG & Partners in March’ 2012. Our Managing Partner, Mr. Sanjay Gupta is a kind-hearted and a great mentor, who always encourages the juniors. In the beginning, rushing from one Court to another gave me an exposure to a variety of laws. I was working under Mr. Ajay Abhay Monga, Senior Partner, who gave me ample opportunities to argue the matter independently. Later on, he handed over the outstation cases portfolio to me, which added more exposure in my experience. Travelling to various Courts is per-se add a great value, however, arguing a matter before another Court, apart from your regular Court, adds more experience and sharpens the argumentative skills. Travelling to different Courts gives independence as well as enhances decision making without the support of your colleagues. It also helps you to understand the local practices of various Courts. I must add that there are no free lunches anywhere and the same goes with different Courts in different states. You will face challenges like language barriers as all the Courts in this country are not following English as their base language but these exposures not only add experience but also shape an Advocate to argue a matter in challenging circumstances as well. My journey with SNG is full of challenges in each case, however these challenges make an Advocate. I am always thankful to my Seniors for always appreciating my work and finding me suitable for new challenges. A special regard to Mr. Monga, who has been a great mentor for me and guided me in my hard times and always motivated me.

    As someone with a rich and varied legal career, what advice would you give to fresh law graduates who are just entering the legal profession? What key lessons have you learned along the way that you would like to share with them? 

    A law graduate must understand that law is a learning process, which would never end. Therefore, reading and understanding the law and its implications are essential. Like practice makes a man perfect, similarly, the more you read, the more you gain. Law graduates, during the initial days, must visit Court everyday and observe the Advocates arguing their cases and the kind of questions raised by the Benches. This will make them understand how the case is presented. You can make notes and read the file thoroughly, however, there are certain spontaneous questions, which would arise and those questions can be answered, only with your general acumen. A law graduate must not refrain from reading the topics, which are not necessary for the kind of legal practice he/she is involved in. He/She must understand that presenting a case before the Court is an art crafted by an Advocate. Thus, every advocate has a different way of presenting the case. Thus, the argumentative skills can only be learnt, when you hear and listen in a Courtroom. I wish All the Best to all the Law graduates.  

    Get in touch with Devmani Bansal-

  • “Like a game of chess, dispute lawyers must anticipate their opponent’s every move and try to remain a few steps ahead.” – Angad Varma, Partner at Dua Associates.

    “Like a game of chess, dispute lawyers must anticipate their opponent’s every move and try to remain a few steps ahead.” – Angad Varma, Partner at Dua Associates.

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

    Your journey from Symbiosis Law School to becoming a Partner at Dua Associates is quite impressive. Can you share a memorable experience or lesson from your early legal career that has shaped your approach as a dispute resolution lawyer today?

    A career in law interested me, however, I had little idea as to the enormity of what it would entail. At the time I did not have any family or friends practicing law, so I did not have much guidance either. I was always told by my educators that I had an aptitude for a career in Law. I joined Symbiosis Law School at the age of 17 and have never looked back since. I was an active mooter and debater in law school and having interned with a few reputable legal firms and lawyers, I realized I truly enjoyed the experience of being in Court which led me to choose Dispute Resolution as a career.

    It is no secret that passion, hard work and perseverance are the keys to success in any sphere and dimension of life, however, the extent and proportion are not something I had ever imagined. My biggest lesson so far has been that there is a learning in every experience so long as you are open to doing everything that comes your way. I never shied away from doing any task that was assigned to me no matter how little I knew of it or what I thought of it, and my sole purpose was to ensure the job was done. This determination and characteristic have seen me through and brought me where I am today. There have been days that I have singlehandedly attended to tasks otherwise assigned to associates, para legal, court clerks and even stenographers, all while being a Partner, and such days, though challenging, leave me most fulfilled. 

    With such a diverse range of legal areas you handle, from insolvency to property law, is there a specific area of law that you find particularly challenging yet rewarding to navigate?

    Times have changed since I started practicing in 2007. In this era of specialization, I have been extremely fortunate to experience diverse legal areas, all of which I have covered in some depth which include wide-ranging commercial disputes, property law, labour and employment law, company law, transactional work and now insolvency law. In Law the devil is in the details, so every subject requires a fundamental understanding of the nuances involved and then applying such understanding to practical situations.

    The law is ever-evolving, requiring all lawyers to remain updated with the latest precedents. The last decade has also seen the emergence of new statutes. As for me, I had no background in insolvency laws, the Code was enacted in 2016 long after I had graduated from law school, therefore, it was all about self-educating. Although, challenging this practice area has been extremely rewarding for me.

    You’ve been instrumental in developing and scaling the Insolvency and Bankruptcy practice at Dua Associates. What drew you to specialize in this field, and how do you see the landscape evolving in the coming years?

    The Insolvency and Bankruptcy practice is one of the fastest-growing practice areas across law firms. This has more to do with the economy as a whole and the object of the statute. While the statute and the accompanying infrastructure have some distance to travel to realize its true potential, however, there have been several positives such as the revival of mismanaged and indebted corporate persons, securing the interests of creditors, check of corporate frauds, timely resolution of insolvency process amongst others.

    There was no intended or conscious effort towards specializing in this area. I along with a very competent team was entrusted with a good amount of work in this area, through which we honed our knowledge and became more and more familiar with the intricacies involved. We have been fortunate to do a lot of work in this space over the last 5 to 6 years, where we have represented all categories of stakeholders in several marquee matters. Dua Associates as a firm has been very supportive enabling me with all the tools to develop and scale up the Insolvency and Bankruptcy practice.

    You spent several years as Vice President at HSBC before joining Dua Associates. How was your experience transitioning from a role in a large multinational corporation to your current position as a Partner at a law firm? Are there aspects of your time at HSBC that significantly influenced your approach or perspective in your current role?

    Transition is never easy, you will have to walk out of your comfort zone and challenge yourself. I love a challenge; it makes me more determined.

    As I look back now, my role at HSBC was diametrically different from what I do today, with its own set of rigours and challenges. Working in-house is attached the misconception that life is easier in comparison to a law firm. Understanding business and your stakeholders/clients is not only key for an in-house profile but is also an absolute must for every lawyer. This is a skill set neither taught in law school nor in any law firm.

    Today working as a Partner with a law firm, my outlook on any problem and its consequent solution is viewed from the prism of my client’s business. Understanding the client’s business, personnel, culture and risk appetite is crucial for the legal advise I offer them, which perhaps is my biggest carry-forward from my HSBC days.  

    Apart from your legal expertise, you’re known for finding innovative solutions to complex issues. Can you share an example where thinking outside the box led to a positive outcome for your client?

    Every client is concerned with the end outcome; the process is for the lawyers to take care of suitably. For dispute resolution lawyers, the significance of strategizing is understated and this in my view separates the good from the best. Like a game of chess, dispute lawyers must anticipate their opponent’s every move and try to remain a few steps ahead.

    As a team, we have achieved many favourable outcomes before various forums, where our out-of-the-box approach led to protracted litigations being successfully shortened and sizable settlements attained for our clients.

    You’ve authored articles on the evolving jurisprudence of insolvency laws. Are there any upcoming changes or trends in the legal landscape that you find particularly noteworthy or anticipate having a significant impact?

    The issue of project-wise corporate insolvency resolution process for large real estate sector companies is currently under consideration before the Hon’ble Supreme Court and is likely to have a significant impact in my view. Under the existing legal framework, to factor in the interest of a variety of stakeholders and facts peculiar to each case may weigh heavily before a final decision is pronounced.

    We’ve heard about your interest in arbitration and mediation. How do you see alternative dispute resolution methods evolving in India, and what role do they play in your practice?

    Alternate dispute resolution has always been of keen interest to me. Given our population, our infrastructure and particularly our Courts are overburdened. The underlying purpose of alternate dispute resolution was to reduce the burden on the Courts, through a formalized and time efficient process of resolving disputes outside of the Court.

    In my view, the acceptance of such a process and outcome by the parties involved is key. However, the complexities of the process, timelines, high costs, the acceptability of the final outcome and subsequent rounds of litigation has diminished the value of alternate dispute resolution.     

    Beyond the courtroom, what’s a passion or hobby that helps you unwind from the intricacies of legal matters?

    Given the constraints of time and our hectic life, it is very important for lawyers to pursue activities outside of the workspace. I personally enjoy travelling and sports.

    Travelling to see new places, experience different cultures and meeting new people is something I particularly look forward to in my free time.

    For aspiring lawyers entering the field of dispute resolution, what advice would you offer based on your own journey?

    I believe that being a dispute resolution lawyer is a constant process of evolving, where you are dealing with new challenges, unforeseen circumstances and a wide array of people. It is essential to remain in the present with an eye on the future and keep moving forward one step at a time. Also, every day is a fresh start so never sit on your laurels or let your failures bring you down, they are both equally important parts of your professional journey.

    Get in touch with Angad Varma-

  • “I have experienced the highest of highs and lowest of lows, but I keep showing up and never despair. I would say litigation is very unpredictable as you never know what will happen in court”- Usha Lakshmipathaiah, Associate Partner at Krishnamurthy & Co. (K Law)

    “I have experienced the highest of highs and lowest of lows, but I keep showing up and never despair. I would say litigation is very unpredictable as you never know what will happen in court”- Usha Lakshmipathaiah, Associate Partner at Krishnamurthy & Co. (K Law)

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Ma’am, could you please share your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?

    From a young age I was very bold and would always speak my mind. I also had a very strong desire to help people. I felt like I gravitated towards Law as my elder brother also chose Law as his career path. At that age you are extremely influenced by your siblings. When I started reading different law subjects, I became more and more curious and continue to be curious about everything law has to offer. 

    I remember feeling so overwhelmed on my first day in court. But I kept accompanying my colleagues / seniors and I slowly became familiar with all the court procedures etc. 

    My journey has been full of surprises. I have experienced the highest of highs and lowest of lows, but I keep showing up and never despair. I would say litigation is very unpredictable as you never know what will happen in court. 

    With your extensive experience in handling commercial and civil disputes, insolvency cases, and matters under the Industrial Disputes Act, can you highlight a particularly challenging case that stands out in your career and how you navigated through it?

    I represented a company in a case wherein there was an injunctive order against termination of an employee. It was challenging as the company was forced to continue his employment. However, we took the aid of section 14 and section 16 of the specific relief act and were able to demonstrate that contracts solely dependent on personal qualifications cannot be enforced. 

    Your work involves representing clients in intellectual property rights cases. Could you discuss a memorable case where your skills in IP law played a crucial role in achieving a favourable outcome?

    In one of the Intellectual property rights cases there was an ex-parte order operating against our client restraining them from infringing the plaintiff’s trademark.  We relied on section 30 of the trademarks act and were able to demonstrate that there was no infringement of trademark as our client was merely showcasing products and was in no way “using the plaintiff’s trademark”. This case was challenging as it is difficult to get an interim order vacated. 

    From your time at Poovayya & Co., you were involved in representing organizations in electronic and print media. Can you share an interesting experience or case related to media law that you found particularly intriguing or challenging?

    An interesting experience was regarding injunctive reliefs against publications (electronic or media) from telecasting defamatory articles / news. In such cases, the plaintiffs tend to include all media channels irrespective of whether they had published defamatory articles. We were representing media houses who were unnecessarily dragged to court who had nothing to do with the alleged defamatory articles. It was an uphill task to demonstrate that the media houses were only reporting facts / actual events that took place. 

    As someone who has also worked with a Judge of the Supreme Court, could you shed light on how that experience influenced your perspective and approach to practicing law?

    This experience was immensely valuable as it gave me first-hand experience as to what the Judge expects from a lawyer irrespective of who he is representing. It made me realise that the arguments must be presented in a manner which can easily be grasped in a short period of time. It also taught me the importance of keeping the pleadings precise and using simple language as opposed to complex sentences. 

    You’ve been involved in consumer matters and divorce cases. Can you discuss a case that had a significant impact on your understanding of these areas of law, and perhaps a lesson you learned from it?

    We had filed a consumer case for an individual wherein the complaint was allowed in part and half of the compensation amount claimed was granted. Although we had good grounds for appeal, it made commercial sense for the client to accept the part compensation considering the costs and time it would take for the Appeal to be decided, finally. 

    This case provided me with a different perspective of the importance of balancing between the desire to win a case and a feasible remedy for the client. 

    Your role as an Associate Partner at Klaw involves providing legal advice to various e-commerce platforms. How do you approach the unique challenges and legal issues that arise in the rapidly evolving landscape of e-commerce?

    The law pertaining to e-commerce is rapidly evolving and new guidelines are released from time to time. I constantly keep myself updated on the law regarding intermediaries and its interpretation by different courts which equips me with providing the best solution to the client.

    Given your diverse experience, what advice would you offer to law graduates who are just starting their careers in the field? What key lessons or insights have you gained that you believe would be valuable for them?

    To anyone who is just starting their career, I would advise that gaining practical experience at an early stage would give them an edge over their peers. Exposure to court procedures, being involved in evidence and cross examinations is what they should be aiming at the early stages of their career. They should eagerly look out for opportunities to present arguments be it at the stage of interim hearings or final arguments. 

    Get in touch with Usha Lakshmipathaiah-