Super Lawyer

Tag: Corporate Law

  • UTSAV TRIVEDI, PARTNER AT TAS LAW, ON CHOOSING A CAREER IN LAW, SETTING UP HIS LAW FIRM AND OVER A DECADE OF EXPERIENCE IN THE LEGAL SECTOR

    UTSAV TRIVEDI, PARTNER AT TAS LAW, ON CHOOSING A CAREER IN LAW, SETTING UP HIS LAW FIRM AND OVER A DECADE OF EXPERIENCE IN THE LEGAL SECTOR

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team.

    With various achievements and accolades credited to your name, you have been involved in various landmark judgments ranging from the Balco’s Case to recent matters relating to the RBI moratorium case. Apart from what makes headlines, how would you like our readers to know you?

    Balco’s case happened when I was working at Parekh and Co. That case holds a special place in my career because it was for this matter that, for the first time, I spent an entire night in the office. I was only six months into the profession, and I was the youngest member of the team working on the matter. I vividly remember it was 9th January 2012, and we had a huge list of judgments/literature that we required for the hearing, which was to begin the next morning before a constitution bench of the Supreme Court. I volunteered to stay back and ensure all the material was in the court bags. It may have been a small task, but it was a very important one. I was glad to be a part of that.

    After starting my own firm, the RBI Moratorium case was the first big (headline-making) case. There were a battery of senior advocates appearing in the matter, and I was not even sure if I would be called upon to argue. Despite the same, I made sure I burned the midnight oil and was fully prepared. Luckily, my petition was the first connected matter, and the bench decided to call up lawyers as per the item numbers. Though there was an option to adopt the submissions made by senior advocates, I decided to put in my two cents, which I was able to because I was prepared.

    The two matters you mentioned, as well as all the others that I’ve had the privilege to be a part of, irrespective of them making the headlines or not, have one thing in common – hard work! It doesn’t matter what role one has. It’s very easy for me to say, ten years later, that I was the most important person on the team. But that doesn’t matter. What matters today is that I know I can make bags in the matter, argue it and do everything else in between. Honestly, one doesn’t need anything more!

    You enrolled yourself for a BA.LLB course at Christ University, Bangalore, in 2006 when the legal profession was still blooming. Looking back, do you think it was serendipity that led you to choose law? What other options would you have considered for your career, if not law?

    Well, I had taken up science in my plus two ISC. So you can say it was serendipity that led me to take up law!

    On a serious note, if not law, then I don’t know. I didn’t fill up forms for any of the engineering exams. So yes, serendipity or sheer lack of ideas – whichever sounds better!

    You bagged a PPO at Parekh & Co. and started working at the firm immediately after law school. How has that experience shaped you and contributed to your interest in the field of litigation?

    Not to take anything away from my colleagues at the bar who practise on the corporate side, but I guess corporate is more about ‘avoiding the problem’ than solving it. I saw this difference in my internships themselves.

    Also, I feel I was lucky to get to work on the matters that I did. I worked at Parekh & Co. for four years, and I don’t remember a single day that I did not want to go to the office. Whenever work got tough, my inclination and zeal towards it increased, and I spent more and more time working. I suppose that is the real charm of litigation – the ‘problem solving’!

    After spending four years at Parekh & Co., you moved on to Karanjawala & Co. as a Senior Associate, handling Civil, Commercial, Real Estate practice as well as litigation advisory. Could you tell our readers how this experience helps you cater to a larger and more diverse clientele in the future?

    After spending four years at Parekh, I was looking for new opportunities. This was when I came across a vacancy at Karanjawala & Co. in Ms. Ruby Singh Ahuja’s team. I had heard a lot of good things about her, like her dedication towards work, her work ethic and the way she conducted herself. That was the reason I decided to give up a well-placed position that I had reached in my first office.

    At Karanjawala, I did matters ranging from telecom to tax, real-estate to insolvency and many more. Apart from being involved in big-ticket matters, I was also given the opportunity to argue final hearing matters before the Supreme Court, NCLT, NCLAT etc.

    Ruby Ma’am always told all her team members, work on the matter like I am not there and come to me when you are stuck. This gave me confidence in abundance. We were taught not only how to deal with existing clients but also how to build new ones.

    At Karanjawala & Co., you had advised on dispute resolution relating to MNCs dealing in sectors such as coal, oil & gas, steel, etc. In pursuance of this, could you explain to our readers the importance of arbitration & conflict resolution keeping in view the problem-solving approach it fosters?

    Unfortunately, for a better part of my career till now, we were stuck in a regime under the Arbitration Act where arbitrations would go on for years and then the Court proceedings under S. 34, 37 and SLP’s before the Supreme Court would also take considerable time. What I felt at the time was that Arbitration only adds more leg to litigation, and considering the semi-formal nature of the proceedings, it gets delayed to another level.

    However, post-2018 amendments, a time frame has been added, and automatic stay on the admission of S. 34 petition has been done away with. What this does is makes the parties a little more serious. And the semi-formal nature of the proceedings has now become a boon. I’ve done some Arbitrations where the parties when they finally come before the Arbitrators, are not as adversarial as they would be in a courtroom. On the very first day, they realize and are willing to explore the idea of settlement – which goes through more often than not and leads to a faster resolution of conflict.

    You parted ways with Karanjawala & Co. to set up your law firm TAS Law (Advocates & Solicitors), despite your implausible expertise in Energy/Oil and Gas, Real Estate, Trade & Contracts, Insolvency, and Company Laws. What were some of the challenges that you faced while setting up your firm?

    Honestly, my partner (Abhinay) and I discussed setting up our own firm in 2018. But we also knew that we should take one year to complete our ongoing professional commitments and give our respective bosses enough notice period. So, when we finally started out in August 2019, we were fully prepared. From office space to email domain and visiting cards etc. – everything was completely planned and executed.

    Our estimate was that within 8-12 months, TAS Law would become financially self-sufficient, and we wouldn’t need to dip into our savings. However, what we, just like the entire world, did not factor in, was the pandemic. Covid hit us, 8 months into our existence.

    However, after a couple of months of complete lockdown, we were back on our feet. While the loss of life and other misery Covid brought upon us as a generation, it was also a social balancer. It was an opportunity for all the first-generation lawyers to overcome what I call the ‘generational bias’.

    Every first-generation lawyer I knew of and was willing to work hard during the pandemic, while the more privileged ones who took time off, has come out of this pandemic successfully and better placed. Hopefully, Covid is now behind us, and we get back to normalcy.

    Can you tell us something about TAS Law and your team? How do you manage to keep your team morale high as well as meet client expectations during high stake matters?

    In approximately two years of its existence, TAS LAW now has 8 lawyers (including the two partners) and has a presence before all major forums in Delhi/NCR. We also have some work in other states. Whatever little TAS Law has achieved is down to each and every individual who has worked here.

    It is impossible to keep everyone’s morale high at all times. This is something every employer needs to get to terms with. Even when you, as an employer, are doing everything right, there will be times when, for whatever xyz reasons, someone or the other will not be up for it. But that is fine. The idea is to give the person his/her space and let them recover. The more time and space you give, the faster the recovery would be. The trick is in knowing who is up for what and when. That’s how one can meet client expectations.

    Besides advising clients over various legal matters, TAS LAW introduced a ‘Pro-Bono Wing’, with an objective to provide requisite legal services to the socially and economically weaker sections. Can you share with our readers, how the said wing has created the desired impact?

    Since the very beginning of my career, I have continuously been involved in extending help, support and advice to the socially and economically weaker sections of our society in their legal struggles. Considering what the entire world is going through due to the pandemic and how the weaker section of the society is suffering the most, this was the ideal time to formalize our pro bono practice.

    After setting up the pro bono wing in December 2020 and with the support of our colleagues at the bar, who were not able to take up the work due to time constraints or other professional limitations, we have helped various people who have reached out to us. We have done a fair bit of pro-bono matters before the Supreme Court, Delhi High Court and some trial courts in Delhi/NCR.

    One of your interviews quoted you as “Legal Profession is a marathon and not a sprint”, according to you, how should one prepare themselves to venture into the legal profession?

    I will repeat exactly what I had said there – Don’t be disheartened by the present situation as there is no retirement age for a lawyer. Remember, this profession is a marathon and not a sprint, and therefore, consistent efforts with or without the pandemic will make you land at your destination sooner or later.

    Would you like to accord our readers with any further suggestions?

    You may not be the smartest person in the room but make sure you are the hardest working. In due course, you will end up being the smartest!

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  • ANSHUMAN MOZUMDAR, PARTNER AT L&L PARTNERS (FORMERLY LUTHRA & LUTHRA LAW OFFICES), SHARES HIS EXPERIENCE OF CHOOSING LAW AND GETTING THROUGH LAW SCHOOL, BEING AN INTROVERT IN A PROFESSION THAT IS OFTEN PERCEIVED TO BE FOR EXTROVERTS AND THE IMPORTANCE OF EMPATHY AND PURSUING YOUR INTERESTS

    ANSHUMAN MOZUMDAR, PARTNER AT L&L PARTNERS (FORMERLY LUTHRA & LUTHRA LAW OFFICES), SHARES HIS EXPERIENCE OF CHOOSING LAW AND GETTING THROUGH LAW SCHOOL, BEING AN INTROVERT IN A PROFESSION THAT IS OFTEN PERCEIVED TO BE FOR EXTROVERTS AND THE IMPORTANCE OF EMPATHY AND PURSUING YOUR INTERESTS

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team. The Interview was taken by Priyanka Cholera.

    How would you define the term SuperLawyer? What does the word represent to you?

    I wasn’t initially comfortable with the fact that I am being interviewed as a “SuperLawyer”. I don’t think that I have achieved something that is “SuperLawyer” worthy. Most of us will have work lives spanning for 35-40 years. Even after 10 years, I feel that I have barely scratched the surface and have a long way to go. I treat my profession as a component of my life (no offence to those who think of themselves as a lawyer 24×7, 365 days a year). Possibly, legal luminaries who have created an impact on the society or fellow lawyers are more suited to such titles.

    Having said that, I do believe that there is a journey that is unique to every individual. I have mine too. My journey as a law student and a professional has been fulfilling and has had its own share of ups and downs. I feel that by narrating my journey and discussing my struggles at a personal and professional level, I may be of help to someone who is experiencing something similar or is looking for guidance or simply wants an assurance that they are on the right path.

    Do you feel serendipity played a factor in your decision to pursue a career in law? On the other hand, did engineering not seem like a better fit for you as a science student?

    I do feel that serendipity played a role in my decision to pursue law. While I must say that my decision worked out well, I didn’t really know what I was aiming to pursue in my professional life at the time of getting into college.

    I don’t have a spectacular backstory on how I decided to pursue law. It wasn’t the case that I felt inspired after reading some book, or meeting a luminary in the field of law, or experiencing some event or tragedy. I finished school from St. Xavier’s Collegiate School, Kolkata, in 2006. In those days, the general trend amongst middle-class family kids with a science background was to pursue engineering or medical. The 5-year integrated LLB wasn’t as prevalent a choice amongst students as it is today. Thankfully, students these days are a lot more aware of other professions (including law) due to the outreach of the internet and the work done by organisations such as Lawsikho.

    My initial goal was to pursue engineering and get into a top IIT. Unfortunately, my preparations took a hit when I contracted a severe case of typhoid in the 12th standard. As expected, my scores in the entrance exams weren’t adequate to secure a seat in a top engineering college. However, I didn’t want to drop a year to prepare for the next year’s entrance exams. My backup plan was to get into a reputed college and pursue an alternative stream that had good job prospects. Unfortunately (like most middle-class family kids), my decisions were driven more with the end objective of securing a decently paying job rather than choosing something which really appealed to me.

    I had heard of the 5-year integrated LLB since NLS and NALSAR were growing in popularity and NUJS was coming up the ranks. The prospect of studying at home (at NUJS) also played a part in me deciding to appear for its entrance exam. Each law university had its own entrance exam in those days. I briefly took entrance exam coaching from a private tutor and went through some of the guidebooks. While I didn’t have much idea about NLU Jodhpur, I decided to appear for its entrance exam to practice for the NLS exam scheduled to be held a couple of days after the NLU Jodhpur exam.

    I got through NLU Jodhpur and only managed to get on the waitlist of a few other NLUs. Though I wasn’t initially thrilled with the outcome, speaking to some of my teachers and school seniors allayed my concerns. NLU Jodhpur was offering an integrated B. Sc. LL.B. degree, which appealed to my science background, as well. My relatives were surprised when I told them that I was going to Rajasthan to study law. My family had to fend questions such as “why law?” and “why Jodhpur?”. While these comments created some initial doubts in my mind, I, fortunately, chose to ignore them.

    How was your law school experience? Being an introvert, did you find it challenging to get through law school? How did you overcome the initial mental barriers linked with the preconception that “introverts aren’t best suited for a legal career”?

    NLU Jodhpur’s first batch had just graduated the year before. In those days, the NLU campus wasn’t the scenic lush green campus with flower beds and so many buildings that you see today. When I stood in front of the college gate for the first time, I remember seeing vast expanses of sand and a few buildings in the middle of it. That sight was quite intimidating for a kid who had never been to a boarding school and had just left the comforts of a highly insulated middle-class environment in a city like Kolkata. My immediate reaction was to look at my father and wonder what I had done and where I had landed.

    My law school journey wasn’t a joyride as it may have been for some others. Some individuals adjust to a new environment a lot faster than others. It won’t be incorrect to say that I took about three out of my five years to fully adjust to a new city and college and “figure things out” (probably the longest amongst my batchmates). I had my own set of struggles with adjusting to a new place and life in a residential university. While I eventually learnt to figure these issues out, I realised that it is a process of self-discovery that everyone has to go through at their own pace – and there are no prizes for figuring things out sooner.  In the process, it is easy to fall prey to frustration and agony if you feel that you are unable to adapt quickly or are unclear on your future goals.

    I am an introvert. I didn’t really know what it really meant to be one until a couple of years earlier when I took a Myers Briggs personality test. It changed the way I perceive myself and helped me understand myself better. Introverts are often passed off as “shy” or “socially awkward” in our society. I used to feel like a fish out of water in college. I could not explain why I didn’t feel the urge to hang out with people more often (even with a familiar bunch of people) or was not very outspoken in my surroundings. Being an introvert does make the process of adjusting to your surroundings difficult. But I promise you – things get better with time.

    Good public speaking skills is an added advantage to every lawyer. However, it doesn’t mean that students who have initial troubles in developing these qualities cannot succeed in the legal profession. This is a misconception largely owed to how the legal profession is portrayed in movies and pop culture. I have come a long way since my initial years of college in terms of the manner in which I conduct myself. While I had my share of low points during my college and professional life, I feel that preparing well and visualizing my professional conversations made me a more confident individual. Finding my interests outside studies/work, pursuing co-curricular activities and learning new things unrelated to work also helped me immensely. At a more personal level, learning to do things without expectations and practising philanthropy (by conduct and not just economically) helped me find inner peace and gain more positivity. I also had some good mentors and teachers who helped me throughout my personal and professional journey.

    In retrospect, how would you describe your initial years at Luthra? Being a young lawyer, how did you balance work and personal commitments?

    I did several internships while in college and wrote publications in order to make my CV more compelling. For me, everything I did was about trying to get a decent job at the end of law school and find financial stability. Unknowingly, I became a part of the rat race without actually learning how to apply the knowledge in practice. It was only when I joined a law firm that I realized that this was not even the tip of the iceberg. You have to unlearn and relearn everything that you have learnt in law school, from a fresh perspective, once you join the profession. Of course, that does not take away the basic fundamentals of laws that you learn in law school – which are extremely important for any professional.

    I joined a private equity and M&A team at Luthra. When I joined, we were a team of four. Within 6 to 7 months, two colleagues (including a senior) left the firm. All of a sudden, I was reporting to the partner directly and handling client-facing work. The next year, our team recruited two more junior colleagues. I was given the responsibility of mentoring them even though I was only a first-year associate.

    The advantage of this set-up was that I wasn’t a mere cog in the wheel and was fully aware of what was happening on a transaction. I was also shouldering administrative duties and playing a managerial role while working with my junior colleagues. At times, junior associates who are a part of larger teams may lose sight of the main objective of an assignment because they aren’t being tasked with the execution of the assignment from the beginning to the end. Hence, even though I was part of a small team, I was getting direct exposure to big transactions. There was one instance where I was given a document to negotiate when I didn’t have any prior experience with negotiation. My partner encouraged me to list out the discussion points and practice what I was going to say before him prior to the negotiation. This experience was definitely a turning point in my career and made me a more confident individual. Despite these positives, there were some drawbacks and sacrifices of working in such a set-up, such as working long hours, working on weekends, losing out on social life or not being able to pursue interests outside work.

    We are looking a decade back, from being interviewed for Luthra during the campus placements and to the firm as a partner. How has this journey been for you?

    My professional journey has been fulfilling and has changed me for the better at a personal level. I have learnt to identify my strengths and translate the same into my work product. My analytical skills have greatly increased. I am also able to contribute to commercial aspects of a transaction, a quality that my clients appreciate. As I mentioned earlier, learning to swim at the deep end of the pool really helped me get early first-hand experience of the skill sets required in the field. The downsides were that I didn’t have much of a life outside the office in my growth years – hence my social life suffered. Whenever someone asks me about how it is to work in a law firm, I tell them that while the job is rewarding in various ways (including financially), it no doubt has its cons and is a tough one to stick to. For this reason, the rate of attrition in law firms is also quite high, and burnouts are quite common.

    While compensation is important, I don’t believe that people stick around in an organisation only for money or out of a sense of loyalty. They have to feel a sense of fulfilment. They have to feel valued and comfortable in the work environment. A firm or a brand name may go to the extent of assuring you of the kind of work you will get or the compensation levels. But it is never the assurance of a great work environment or culture – which is driven largely by the people in the team that you are a part of. It is therefore important for a good leader to possess empathy and good interpersonal skills.

    I stuck around at Luthra because of a positive team and office environment. I was given the freedom to grow as a professional. I made some of my closest friends in the firm. My superiors and co-workers have always been approachable enough to discuss work and personal life. I felt that I was levelling up and learning something new.  It will be incorrect to say that I didn’t have my fair share of disappointments in my professional journey. Every professional in a law firm is bound to face these moments of doubt when they start questioning whether they want to continue in the firm or not. However, overall, I am grateful for the journey and what I have managed to achieve.

    You mentioned that you had to compromise on social life early on in your professional life. Do you believe that socializing today is more about networking than it is about interacting with others?

    I don’t think that professional networking can be equated with socializing. I treat networking as part of my job, which may create opportunities for me or my firm in the future. I never paid attention to networking until I started working. Fortunately, people today are a lot more aware of the concept of networking and why it’s essential. In a week, I try to set aside a few hours to make new connections, reconnect with old ones, or read something that a connection has shared on Linkedin. Networking definitely helps every professional, and one should start as early as one can, but I feel that it’s not the most crucial requirement for a law student. Networking is a continuous process. Even if one is not good at networking initially or has started late, one can always catch up.

    In your career, you have played a key role in various transactions for brands Burger King, Starbucks Corporation and many more. Is it a milestone to represent big names that also hold a personal value as a consumer for millions? How do you keep the team spirits elevated and make a positive environment to work on high-stakes deals?

    No offence to those who feel otherwise, but I feel we corporate lawyers don’t get as many opportunities to make a difference in society as compared to litigation lawyers. While M&A, financing and IPOs form the backbone of a country’s economic activities, I personally feel that a corporate lawyer will not get the same level of satisfaction that a litigation lawyer will get after having successfully filed/argued a PIL or having secured justice for a victim.

    But while working on transactions especially involving consumer-facing parties, one does feel special. When I look at a Burger King restaurant or a Starbucks cafe today, it does bring a smile to my face. It is a representation of a tangible result of the work that I did on the transaction and gives more meaning and a sense of purpose to what I do.

    As regards your second question, I try to inculcate and build a positive work culture as the leader of my team. I detest toxic work environments and gaslighting. Unfortunately, these are quite common in a lot of workplaces and can be detrimental to a person’s self-esteem and career. People often underestimate the impact that their words can have on somebody. While I understand the need for a person to be strict with their co-workers, bad behaviour cannot be tolerated. Unfortunately, I have heard of or come across individuals in the profession who are impatient, yell at their juniors or send obnoxious emails to them when they make mistakes. I understand that it is not easy to always maintain one’s calm amidst work pressure, but one can’t treat their team in such a way. You have no right to yell at your colleagues, especially when you haven’t made an effort to educate them and explain their shortcomings. That’s your job as a senior or as a leader of the team. A lawyer’s ability to empathize with others is crucial for their growth. Everyone is built differently, has different strengths and weaknesses, and is motivated in different ways – and a team leader needs to identify that.

    Congratulations on being in the Forbes 100 Power List of 2020 and securing M&A Deal of the year (Premium) by Asian Legal Business Awards, 2020 (Thomson Reuters). What value do these titles hold on the personal and professional front? Are these a parameter of success or a checkpoint?

    I feel that awards do add some value to one’s resume and does create a good impression on a client, especially when they haven’t previously worked with you. I won’t downplay the value of such awards because it does feel good to get recognized. However, they are definitely not a measure of one’s success or quality. I have been on the side of things far too often where I have felt that I haven’t received the recognition that I deserved. So if you haven’t received an award, it doesn’t mean you are not deserving. At the same time, I will never take any such recognition for granted. At the end of the day, what matters is when the client calls and tells me that I have done a great job.

    What would you tell your younger self if you could go back in time and advise yourself about the journey ahead?

    I would be less harsh and more forgiving on myself. I would take better care of my health and well-being. I would stop putting added pressure on myself to achieve things by a certain time frame. The society sets expectations that we have to achieve certain things by a certain age. We fail to realise that there are no prizes for achieving things earlier in time. I would encourage myself to read more, learn a new language, take more interest in sports and things other than studies as there is a lot more to life than studies and work, and such pursuits help develop positivity.

    What are a few qualities you look for in a prospect when making recruiting decisions?

    Due to the kind of competition, we have in our country, the interview or selection procedure must be completed in a short period, and it may not always be an accurate representation of a candidate’s quality. Many people don’t realize that the competition is tougher in the field of law because, unlike medical or engineering, where there are more jobs and opportunities in a year, the intake in law firms throughout the country is comparatively quite low.

    I personally feel that the interview process is not the most accurate judge of a candidate though we try our best to be as objective as possible in the evaluation. For all that you know, the candidate may be having a difficult day or is generally nervous because of the pressure of trying to create an impression on the interviewer within a short span of time. Unfortunately, we have to assess what is in front of us. Personally, I would prefer to evaluate a candidate during their internship and make recruitment calls on the basis of the same. While I would definitely look into a candidate’s knowledge of basic fundamentals of law, I would also look at their ability to apply legal principles to fact situations or think through a particular problem and provide a solution using logical reasoning, even if they are unaware of the relevant law. The ability to articulate one’s thoughts efficiently also counts. During internships, I generally lookout for candidates who are able to grasp the research problem well, ask the right questions, and provide a concise and well-researched work product. Lastly, I also look for candidates who are hungry to learn and take the initiative or think out of the box to find a solution to a problem.

    What do you hope our readers will take away from your experience?

    A couple of learnings and self-realisations that have helped me in my journey:

    • Not everyone is built the same. You don’t have to be harsh on yourself or question why you behave a certain way. I suggest that everyone takes out a few minutes and attempt to take the Myers -Briggs personality test (online). The feeling of being more connected with yourself is beautiful and empowering.
    • Don’t pile up expectations on yourself or beat yourself up for not achieving them. Be easy on yourself and learn to forgive yourself for things. Everyone has their limits and weaknesses, and even I do. 
    • We don’t realize the impact our words can have on other people. Be kind to others.
    • Share and give more. To the extent feasible, talk about your failures so that others who are battling similar issues can have a better life. Be grateful to your mentors by mentoring someone else. And do so without any expectation. 
    • Never fear asking for help. At times when you feel that no one is around to help you, you will receive help from unexpected quarters. I am a big believer in the quote from Harry Potter – “Help shall be given (at Hogwarts) to those who deserve it“. I promise you that the good you do and the knowledge you impart will come back to help you when you are in need.
    • On a more professional note, set your own goals and standards (and set them high) and try to meet them instead of trying to imagine what standards your senior expects of you and trying to chase such standards. This will lend a sense of positivity to your approach. 
    • Self-evaluate yourself every six months to see if you are learning anything new or doing the same task faster or better than you did before.
    • Develop your interests, whether they are related to or unrelated to your professional life. Engage in creative pursuits outside work whenever you can.

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  • DEEPTI SARMA, PRACTICE LEAD, GENERAL CORPORATE & ADVISORY AT ANAND & ANAND & KHIMANI ON ESTABLISHING HER CAREER IN LAW, HANDLING M&A MATTERS AND HER ROLE BEING A CORPORATE LAWYER

    DEEPTI SARMA, PRACTICE LEAD, GENERAL CORPORATE & ADVISORY AT ANAND & ANAND & KHIMANI ON ESTABLISHING HER CAREER IN LAW, HANDLING M&A MATTERS AND HER ROLE BEING A CORPORATE LAWYER

    This interview has been published by Isam Kabir and The Super Lawyer Team. The Interview was taken by Priyanka Cholera.

    After pursuing a Bachelor in Commerce, Economics and Accountancy, you got your career off the ground by studying law. Could you describe the transition from Commerce to Law?

    I was quite sound in academics, right from school through college. I was a gold medallist and one of the state toppers in my HSC examinations (I was a commerce student). The very obvious choice was to pursue chartered accountancy or the company secretary course, both of which didn’t interest me at all!  The lack of alternatives didn’t scare me- I somehow just knew in my heart that I would find my true calling soon (although I must admit, that ‘soon’ happened only once I graduated from college!). I zeroed in on M.Com and Law as potential options for post-graduation. Back in 2005, law as a career had not really gained traction and was not considered as a lucrative career option, especially for first-generation lawyers like me. However, I instinctively decided to apply to Government Law College, Mumbai to give law a shot. I vividly remember the day I had to submit my application when GLC had run out of application forms and I literally wrote mine on a plain piece of paper and made my submissions! I got through and from there on, there was no looking back. I would like to call myself a classic case of a lawyer by chance.  

    You joined Desai and Diwanji as Associate Lawyer immediately after law school. How has that experience shaped you and contributed to your interest in M&A and General Corporate?

    I started working with Desai & Diwanji (‘D&D’) in my second year of law school. The practice of permanent interns was mostly prevalent then, and I was being interviewed along with ten other interns and believe me, I had no idea about the entire process or where I was going to land up! Just like when I got into law school, my academics spoke for me and before I knew it, I was shortlisted and had officially kick-started my journey as a paralegal trainee- my first step towards being a lawyer. Whilst I do agree that the current structure of the legal education system may not exactly unravel how good a lawyer you are, at a time when you are an intern or a fresher with no real experience to do the talking for you, sound academics to some extent helps people take you seriously.

    Interning at multiple firms was something that I never considered as an option because by nature, I am a nester. I strongly believe that understanding a workplace and its dynamics takes time and making a judgement about whether or not a law firm is for you takes a minimum of 6 months. Again, this was my take and I must say that there have been several colleagues I know who have gone the ‘multiple internships’ path and found their conducive work environment as well. There is no ‘one size fits all’ approach to this decision and what works for me or someone else, may not work for everyone. 

    I decided to give my stint at D&D a few months to understand how exactly a corporate team of a law firm functions. I was lucky to have worked with a wonderful team of young and senior professionals who helped me transform into a holistic professional. A law career requires a plethora of skill sets which I understood as my internship progressed. Whether it is interacting on the phone with a client or putting together a legal opinion as per the firm’s standards- I consumed all the knowledge I could during my paralegal trainee days. My commerce background also helped me grasp commercial concepts a lot more quickly and I was happy that I could to some extent, apply what I had learnt to what I intended to convert into a full-time career. I think that marriage of my educational background with my future career pretty much clinched my decision to make corporate law my career and before I knew, my plans to pursue MBA which I had decided as my subsequent career option vanished into oblivion! The few months which I had given myself converged into an association as a paralegal trainee for 2 years and I later got absorbed as a full-time associate on completing law school. Destiny definitely had other plans for me.

    After spending almost a decade working as a corporate lawyer at DSK Legal, where you rose to the designation of Principal Associate, you took a short break before joining your new practice at Anand & Anand & Khimani. How was that decision rewarding on a personal as well as the professional front? Do you endorse the idea of career breaks?

    Law is a demanding and all-consuming career. Most corporate lawyers almost never speak about back-to-back deal fatigue, the challenges of keeping up with an ever-evolving and fast work environment or the inability to consume knowledge at an exponential pace than one would ideally want to. Sometime during the latter part of 2018, I slowly but surely realised that I had completely lost the feeling of the adrenaline rush every new deal brought in. But the burning question was ‘how do you give up something that has been a part of your DNA for 11 odd years! Also, the fact that not too many lawyers take such decisions, makes one question their own! After a lot of thought, I realised that I wanted something more than being a full-time transaction lawyer and wanted to explore more hybrid opportunities that the profession had to offer. Also, although I pride myself on my ability to handle pressure, even the best have their worst days. I realised that I had burnt out and needed to take a step back- but one thing I was sure of was that I never really wanted out of the profession.

    The decision was nothing short of liberating! Those 6 months helped me rejuvenate and do things that I had left behind me over the years. I focussed on rekindling my love for dance (I am a trained Bharatnatyam dancer), I travelled and spent a lot of time with friends and family, especially my then 3-year-old daughter. However, I consciously kept myself updated on legal developments- at least to the extent I could. Like I said earlier, corporate law is a way of life for me and I always knew I was going to bounce back so keeping in touch with developments was something that came very naturally to me.

    I strongly believe that you attract what you are. A good and positive frame of mind always leads to sound decision making and before I knew I found myself speaking with Priyanka (lead partner of Anand & Anand and Khimani) in whom I found a kindred spirit. A few coffees and several discussions later, I embarked on a new professional journey with Priyanka in November 2019 and it remains my best decision till date.

    Are career breaks for everyone? I honestly don’t think so. I have met lawyers who still thrive on the excitement and rush that every new deal brings, in spite of spending several decades in the profession. Every individual is different and it is a very personal decision to make- however, I firmly believe that the decision must be taken not on an impulse but with reasonable thought and planning. Please ask yourself some very important questions before you take the plunge-Like (i) How would you explain a break to your next employer? (ii) Are you financially prepared to be out of a job? If yes, for how long can you sustain? (iii) Is it fatigue/burn out or is it just a situation of ‘being done’ with a particular organisation? Would working with different people solve what you are exactly feeling? Be honest with yourself and you will be able to decide whether you are really ready for that break or not.

    Deepti Sarma

    Many people focus on finding the right mentor, a senior who can train and groom them as their responsibility. Where does your search stop when it comes to finding the right mentor?

    Word of mouth. The traditional way of getting information about your potential senior/partner (who will eventually become your mentor if you are lucky!) is never going to change. You have to speak to people within the profession and understand your potential employer/organisation’s work ethics, cultural fits, team structure etc. Law firms especially are very individually driven organisations and it is imperative to get some knowledge about the person you will potentially be working with. I would also like to add something very important for future lawyers here: Give yourself some time to figure whether a place is really a fit for you or not- especially if you have done your homework and submitted yourself to a place very consciously. Law firms have volatile environments and sometimes you may have just caught your senior/partner in between something very pressing. Under those circumstances, certain situations may not elicit a reaction from them in the way you hoped for. Give your senior/partner some time-just the way they are giving you that time to acclimatise. Don’t instantly judge a senior/partner based on a couple of instances. Judge your experience over a period of a few months and then determine whether you have indeed found a mentor or not. 

    You have a demonstrated history of working in the M&A niche for more than a decade, including advising high profile clients. Could you share how you manage such high stake matters?

    Apart from a strong legal acumen (which is a given), being a lawyer requires you to be mentally strong and possess the ability to think on your feet. Knowledge can be acquired by reading up and spending a lot of time in gaining an understanding of various concepts, which is of course an integral part of being a lawyer. But the other skill sets which keep you going even at 3 am when you need to see a transaction through, is acquired with years of being a part of such situations. The one thing that I have learnt and consistently observed in the 13 odd years of my career is that you are never going to have ample time to ‘think through’ most of the time. This is where a mentor in your growing years plays an important role. You get the opportunity to learn and observe how your senior/partner deals with tight situations and this automatically becomes a part of your skillset over the years. I have had the opportunity to have worked with some absolutely fantastic legal minds at different stages of my career and that has contributed to making me the lawyer I am today.

    How has the transition been for you from working shoulder to shoulder with corporate lawyers on M&A to establishing the practice in general corporate? What are the roadblocks and the lessons that you’d like readers to learn from your journey?

    As a hardcore PE/M&A lawyer one doesn’t get too much of an opportunity to dabble in a lot of general corporate work, at least not on a daily basis. Today, I thoroughly enjoy speaking with 10 different clients in a day and helping them with legal and commercial issues that they encounter on a regular basis. It almost feels like being a general counsel for every client and I would not have it any other way! Having said this, I still do a lot of transaction work and undertake deals of varied sizes for clients- it’s been a part of my career trajectory for too long for me to be completely out of it! Additionally, leading a practice is a huge responsibility- time management, team management, administrative governance, social media presence, networking- the list goes on!

    I would therefore not really call it a transition for me as a lawyer- it is just a wider spectrum of roles and responsibilities within the same area of law.

    My advice to young lawyers (and one thing I really wished I had paid attention to) is to assess your career every 4 years as a lawyer. Pause and reflect. You will realise you don’t want something at 28 when you were very sure of wanting that same ‘something’ at 22. As years pass by (which believe me you, fly past when you are a lawyer), you will realise that your thought process has changed, priorities have shifted and what you want of your career, is perhaps not the same as when you began. Take that time to assess your growth and expectations and once you made a decision, live by it come what may. Like I mentioned before, law is a demanding career and if you are signing up to something, do it wholeheartedly and very consciously. After that, don’t second guess and give it your 200%. One more thing to also bear in mind is that monetary standing doesn’t determine growth. It is a part of your assessment but not the only determinant. Always remember that, while money seems alluring at 25, it may not be so when you are 35. One, therefore, needs to make a holistic decision when it comes to determining career growth and not make an assessment merely on monetary terms.

    In the top 200 US law firms, women make up only 14% of equity partners. Does this trend cascade in India as well? Do you see it changing anytime soon?

    We don’t have any critical data in India to support this, but from whatever one can observe, the numbers do seem diminutive. Even today when you walk into a room for negotiations, you will find fewer women compared to men. There is no denying the fact that there is an obvious imbalance and a high female talent fallout ratio even today. But my general observation also has been that we are taking baby steps to fix this mismatch. To cite an example closer home, at Anand & Anand & Khimani, 95% of the associates are women! Priyanka firmly believes and I second that growth is gender-neutral, and does not have to be compromised because of gender roles or responsibilities. I also think women nowadays are far more prepared and better equipped to handle changing personal situations which invariably used to be considered a deterrent and lead them to take a back seat professionally. As women, we generally hesitate in self-promotion. However, women are now consciously putting themselves forward to seek recognition along with being hardworking and ambitious. The trend is emerging, yet promising and I am positive it is here to stay.

    Deepti Sarma

    Lastly, any parting words of advice for our readers?

    I have tried to build in tips for young lawyers in course of this conversation wherever relevant. However, the one thing I can’t stop impressing upon is- Pick a mentor and not a firm. Working with the right person is very important in your growing years and phenomenally helps in shaping you as a lawyer. So make an informed choice of where and whom you want to work with. Secondly- Have an open mind and consume everything that you learn and see in a way that you will never forget. Before you know the world will be your oyster!

    There are also a couple of leadership skills I would love to see amongst us senior professionals. I wouldn’t say these skills are completely absent, but they aren’t still largely prevalent. The most important of them is empathy. The profession is hard enough and a measured amount of compassionate leadership would take us a long way in building a more sustainable workplace. The stress and burnout caused by the pandemic speak volumes about why a high degree of importance needs to be placed on this quality.

    It would be great for firms to also continue to promote work from home/hybrid workspaces and flexible work hours. While the pandemic forced us into a corner on this one, this is something that has been the need of the hour in law firms for years now. I constantly hear more and more young lawyers mention that flexibility should be an ingrained work culture for lawyers, given the long hours spent at work which in turn ends up causing a direct impact on health and personal life. There is no substitute for physical presence, but it is important to realise that it is not always required and therefore I am a strong advocate of a hybrid work culture (part office/part home). Flexibility in terms of time and place of work enhances work-life balance, could lead to better work satisfaction and possibly less attrition, which is a glaring issue for most law firms till date.

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  • Nishant Choudhary shares his experience being the first Indian lawyer in Myanmar, being recognized as a top 40 EU Business leader and embracing change.

    Nishant Choudhary shares his experience being the first Indian lawyer in Myanmar, being recognized as a top 40 EU Business leader and embracing change.

    This interview has been published by Isam Kabir and The Super Lawyer Team. The Interview was taken by Priyanka Cholera.

    Nishant Chaudhary is a partner at DFDL and is also the co-chair of Euro-Cham Myanmar Legal Advocacy Group. Furthermore, he is a board member of the India Myanmar Chamber of Commerce. Mr Chaudhury completed his Masters in Legislative Law from George Washington University (Business & Finance Law) after his Bachelor’s from Symbiosis Law School, Pune. 

    1. You chose to be a lawyer when most people were inclined towards learning science or entrepreneurship. How did this journey happen? 

    I opted for law in 2001, when law as a career started to pick up. So, the law was not wholly an off-beat career. An uncle of mine gave me insights into the legal profession at a family gathering since he was a lawyer, and I thought it was not a bad idea. Initially, I was confused with respect to opting for law, however, gradually during my 5 years programme I started to appreciate the course and enjoy it. 

     2. Could you tell us a little about your time and experience studying at the prestigious George Washington University Law School? What encouraged you to do masters right in the middle of a full-fledged practice? 

     My experience in George Washington was good. Although I don’t want to make a comparative analysis, I hope that schools in India adopt a more practical education system than a theoretical approach. 

     I would generally not recommend taking a masters course right after one’s first degree because it clarifies the legal system and general interpretations. A certain sense develops after you have practised or worked in a law firm or corporate house. After my LLB, I focused on practising litigation civil, constitutional, criminal, and excise matters. While I was in Washington, I deviated from litigation and opted for business and finance laws. I realized that to further accelerate my career I had to diversify and which will likely be a career approach that will last longer. 

    3. Having studied at law schools in India and in the United States, what are some substantial differences in the pedagogical approach among schools in India and schools in the West? 

    I was a graduate of Symbiosis, Pune and the examinations were based on an academic standard. The practical intake was restricted to the fifth year. On the other hand, if you look at the American schools, they have a case-based education system and adopt a more practical way of teaching. Although, I believe now the New York curriculum in the law schools in India is moving towards that approach. 

     For example, In George Washington, there were mock trading sessions. During the anti-money laundering classes, we had a mock investigation session, basis on which we were asked to draft and an indictment. The course of teaching was very different and entertaining. Indian legal education system is very conventional, whereas the West has a more interactive way of teaching. But if education and entertainment go hand in hand, it tends to stay with you more comprehensively. 

    Moreover, the infrastructure is superior in American schools. The professors in reputed schools have several authoritative books to their names. My project finance teacher was a lawyer for OPIC, now known as Development Finance Corporation (DFC).  

    Another difference is the flexibility of choosing different and mix-matched subjects and the possibility of interlibrary access.   

    4. How was your experience before you moved into Banking and Finance Practice, i.e. as an Advocate at the Patna High Court and as a Counsel with Parekh & Co. (Advocates and Attorneys), where you worked on Competition law, Bankruptcy and Tax matters etc. Can you share a few experiences from that time? What is your take on specialization in the early years? 

    It is difficult to practice on the original side if you are unaware of the work at district levels. For young lawyers who will start practising litigation, it would be highly beneficial if they start practising in the District Court, or can even co-practice in both District court and High court at the same time.  

    Mr and Mrs Parekh, along with Mr Kumar and Mr Mohanty were very learned and great mentors. Unlike a regular law firm, Parekh & Co. had a very close-knit working culture. I assisted Mr and Mrs Parekh on the cement cartel matter and ADR, especially in infrastructure-related projects. In addition, I had the opportunity to walk into the chambers of prominent legal faces in India for case briefings, ranging from Mr Harish Salve and Mr Ashok Desai and other reputed lawyers. The experience was very enlightening. 

    5. How did the transition happen to be an In – house at a leading bank, and how did your time as a Senior Manager at ICICI Bank shape you into the Banking and Finance professional you are today? 

    I was a litigator while looking for a job in Banking and Finance. I had to undergo many difficulties in most of my interviews, although my prior experience was appreciated. I was deemed ineligible since I lacked transactional drafting experience. Furthermore, the recruiters provided that I would be a mismatch if given to work with junior associates. It is a misconception that earning a master’s will get you a job. It serves as an academic degree, not a professional degree. Someone suggested that an in-house role will be more appropriate for me, and from there, I could transact back to law firms. I applied for ICICI Bank and was interviewed by Ms Nitu Agarwal, who hired me.

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    Nishant Choudhary

    6. Towards the end of 2014, you made the shift to Myanmar. How did this new role come about in your professional journey? 

    In my professional journey, I kept looking for any opportunity in ASEAN, not particularly Myanmar, but suddenly Myanmar opened up in 2013 and was recognized as the future market. A new market fell from the sky, where everything had to be done from scratch. I wanted to work in ASEAN, which Myanmar was a part of. Therefore I decided to move. I had to undergo a fair share of struggle initially, but it is now as convenient as any other metropolitan city in India with its growth in the last seven years. 

    7.How was your experience of starting life afresh in a foreign country? Were there any challenges that you faced for being a qualified Indian lawyer in a foreign jurisdiction? 

    I was likely the first Indian lawyer to enter Myanmar after it opened up in 2013. It was a completely different culture. My workplace consisted of people from Myanmar, China, the USA, Australia, Italy, the Philippines, Vietnam, Japan, etc.  One aspect of working abroad is that you need to be culturally sensitive, especially towards the locals. For instance, Myanmar is not a template western country and has a robust culture that they take pride in. The sensitivity facilitates a better work experience in a multi-cultural environment. 

    8. You are a member of the Executive Committee at Indo Myanmar Chamber of Commerce and Co-Chair of the EuroCham Myanmar Legal Advocacy Group. Do you take it as your responsibility to make Myanmar more inclusive for foreign legal professionals, mainly Indians and put it on the map as well? 

    I have been in the EuroCham Myanmar Legal Advocacy Group as co-chair for a long time. I work towards advocacy for the EU business in Myanmar, alongside regulators, to make the business efficient. Similarly, I am a part of the India Myanmar Chamber of Commerce. Naturally, being an Indian, there is undoubtedly similar scope there. So, the idea here was to facilitate good business and at the same time not just as a part of India Myanmar Chamber of Commerce or EuroCham, even in general conferences or networking events or in public interactions, I have always highlighted the potentials of Myanmar, and that is because Myanmar deserves it. It has tremendous potential with 53 million people, with abundant natural resources across the country, one of the larger oil and gas deposits in Asia, located between two large Asian economies and the connection of these two large Asian economies to us here. I do take it upon myself to showcase Myanmar for what it is.

    9. Can you tell us a little about your role as a Partner with DFDL? What challenges or responsibilities do you shoulder? 

    DFDL is a great employer, but that also brings about the responsibility of working with DFDL. While working as a partner with DFDL is to gain business for the firm and for the execution part where I am supported by a team. There is a lot of management work where it is essential to harmonize how things are to be achieved. As at the same time, I am also the deputy managing director of the Myanmar Company, so I have a fair share of admin roles as well. Furthermore, I have a role in different chambers where I am not in any position per se but just a member. I am regularly a part of it as well. My role ranges from business development to working on the project, training of the team to the administration of a firm’s entity and then general business community interactions and responsibilities.   

    10. Your extensive practice experience working in Myanmar and India and working on significant financial transactions include the first and one of the largest onshore syndicate financings of Myanmar foreign banks branches and the licensing of one of these branches. Apart from case preparation, how do you keep the morale high for you and your team? 

    I enjoy a blend of things, like business development, because of its challenging nature and how it develops the confidence to deliver. But, at the same time, I enjoy working on a matter with the team, and I am fortunate to have an excellent team.  

      When one works as part of a team and leading it, where issues are discussed openly, the working is efficient. That way, it’s the team’s decision as to what they are going to prefer. I believe in active participation so that my team is aware that I am also working with them. I don’t believe in a hierarchical approach. I think that we are all in it together, yes there has to be a degree of mutual respect amongst people, but it should be more of a casual atmosphere and more of teamwork. I try to be a facilitator because I want to remove the hurdle that my team is facing on a given task to efficiently work forward. 

    11. You have received numerous accolades for your professional achievements, all of which are very well deserved and earned. Of particular note is Top 40 EU India Young Business Leader, 2019, by Europe India Centre for Business & Industry, which you received at the European Parliament, Brussels, Belgium. What do these milestones signify as a lawyer as well as an Indian? 

    These are primarily appreciation of one’s journey in a way that incentivizes the person. But they are also recognitions. For example, on the business or negotiation side of the market, a client will prefer somebody who has a commercial approach and is recognized to be a facilitator of business in the relevant market. Especially the India Europe Business Leader happened because of my involvement in EuroCham Myanmar and assistance of Indian Companies. It was an invitation from the Europe India Centre for Business & Industry (EICBI)  at the Europe India Business Leaders Conference 2019 held at the European Parliament in Brussels, where I was facilitated by Hon Caroline Nagtegaal, who then was the Member of European Parliament – Netherlands & Vice Chair- European Parliament delegation for relations with India. 

    12. When hiring young law graduates, what factors do you take to be non-negotiable?   

    There is no exact template or box for the procedure. Everybody has their journey. A harmonious working attitude is essential for being part of a team and being driven by the teamwork process. There has to be a balance where everybody should get their own space and at the same time be a part of the team. Therefore, attitude is primarily crucial because knowledge is endless. Consequently, I can’t expect a person to know everything under the sun. However, if the person is unaware of the answer to a question, he needs to own up to the fact that he is not aware and is willing to work towards it. Finally, one needs to take ownership of the work. The client doesn’t pay a lawyer to tell them what they can’t do, but to guide them on how they can do it.  

    13. Do you have any advice for young lawyers, law students, etc., who are trying to make a career in Myanmar, Vietnam, Laos, and other jurisdictions in the South East Asia region which are booming grounds for legal talent? 

    Southeast Asian countries are the market of the future. It is essential to keep reading about these markets and see how the business trend is moving. These locations are highly remunerative. The career path is faster compared to a bigger market due to less competition. But there are also challenges like language barriers and cultural elements.

    14. Finally, any parting words of advice for our ambitious readers? 

    It should be remembered that opportunity comes to everybody but not at the same time. Therefore, instead of being disheartened, one should work on their career goal and be focused. 

    GET IN TOUCH WITH NISHANT CHOUDHARY
  • Archana Tewary, Partner, J. Sagar Associates, Bangalore on managing time between work and motherhood

    Archana Tewary, Partner, J. Sagar Associates, Bangalore on managing time between work and motherhood

    Archana Tewary graduated from University Law College, Bangalore University in 2008. Being a very vocal, communicative person with a strong sense of fairness, Archana always knew law was her true calling in life. Back in college she had a great fascination for company law which led her to become a corporate lawyer.

    She worked at Crawford Bayley & Co. with Mr. Sanjay Asher for the first few years of her career and then joined JSA after moving to Bangalore post her marriage. Currently, she is a Partner at the firm and works in private equity, mergers, acquisitions and general corporate work.

    In this Interview, Archana shares her insights with Rounak Biswas of SLS, Pune on the topics raised by Shafina Salahuddin.

    • Her role and responsibility as a Partner at J. Sagar Associates
    • The importance of internships during law school
    • Maintaining work life balance

     

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I am a corporate Lawyer and a partner with JSA, Bangalore. I would also describe myself (in no particular order) as a mother, bookworm, feminist, homemaker and foodie among other things.

    Born and brought up in Bangalore, I have lived here for most of my life. My childhood was very happy and typical to someone born in the 1980s. It was filled with books, words, and the freedom and time to pursue my fancies. There was a strong emphasis in my family, on education – not just earning good grades, but learning the skill sets I would need to be a strong, independent person. My family (including my extended family) has great role models across generations, and this has greatly influenced the person I am.

     

    HOW DID YOU COME TO TAKE UP LAW AS A PROFESSION?

    I have always been a very vocal, communicative person with a strong sense of fairness and that has led me to law, and where I am today.

    In my pre-university education I was a science student, and the training and courses were aimed at taking up engineering or medicine as a profession. However, I knew I would not be happy in either of those professions, and thought I might enjoy practicing law. Although in hindsight I realise that when I took the decision to study law, I did not know what the profession would actually involve, I am grateful that my decision was right nonetheless.

    I studied law at University Law College, Bangalore University. The course structure allowed me to do internships and moot courts. This led me to interact with a lot of practicing advocates and professionals, which was very important as it helped me make conscious decisions regarding my career.

    I have greatly enjoyed studying law and being a corporate law professional. As a student, for instance, studying Constitutional Law and some of the case laws led me to think about human values, life and dignity. I was very happy to be studying subjects which could do that. As a corporate lawyer, I found myself seeing concepts I had studied in hypotheticals in college, being applied in real life. If I had found reading company law a bit dry when I was a student, I found it immensely interesting when working, because of the details.

     

    DO YOU BELIEVE THAT CURRENTLY THERE IS A BIAS OF THE REPUTED LAW FIRMS IN INDIA TOWARDS THE NLU STUDENTS?

    I have not, personally, seen such a bias within JSA. I believe the college / university does not matter, if one has strong fundamentals and the ability to learn quickly.

    Not in my experience, but there are some aspects which could be improved upon in “non-NLU” colleges. Speaking from personal experience:

    • There was a great deal of focus on litigation in college, and hardly any emphasis was given to corporate law. This would probably be very unfair to students, who would need to take the initiative to find out about corporate law and practice by themselves. Equal emphasis should be given to all professional options.
    • The absence of a strong alumni association did feel like a disadvantage, though it must be said that the seniors in college and the alumni I interacted with as a student were very encouraging and helpful. A strong and formal association which would help with internships, placements, job opportunities, etc., would have been very good.
    • When I started working, I realised that a number of the concepts and subjects which were vital to working in corporate law firms were almost ignored in colleges. The teaching needs to be made more practical and oriented to what a law student would need to know, when she starts working.

     

    WHAT IMPORTANCE WOULD YOU ASSIGN TO INTERNSHIPS?

    In my student years I choose consciously, to intern with a human rights organisation, a civil court lawyer, a high court lawyer / senior counsel, an in house team and a corporate law firm. This gave me some amount of insight into how each of these organisations functioned, and helped me in making my decision to work in corporate law firms.

    WHAT QUALITIES DO YOU BELIEVE HELP LAW STUDENTS GET A JOB?

    Confidence, diligence, common sense and the willingness to work hard. You also need to be ethical and sincere right from the beginning, because these will define the decisions you make.

     

    TELL US ABOUT YOUR WORK IN CRAWFORD BAYLEY & CO.

    I worked at Crawford Bayley & Co. with Mr. Sanjay Asher for the first few years of my career, after I interviewed with him for an associate’s position. It was an opportunity to learn on the job and grow as fast as you can. I learned to think on my feet, find practical solutions to issues but also, to work hard. Working in capital markets made me detail oriented and capable of multitasking.

     

    WHAT PROMPTED YOU TO MOVE TO JSA?

    I had interned in JSA and knew it would be a great place to work. After marriage I moved to Bangalore and was lucky to be offered an opportunity to work at JSA, with Mr. Vivek Chandy as my mentoring partner. My experience at the firm has been rewarding and my everyday interaction with my colleagues has made me a better person, which I think is a truly remarkable thing. I have been fortunate to work in a firm where I have not faced discrimination due to my gender or any other factor, and hard work has been recognised without bias.

     

    WHAT ARE YOUR PRACTICE AREAS?

    I started my career working in capital markets. When I moved to Bangalore, I got more exposure in the practice areas of private equity, mergers and acquisitions. Due to my interest in corporate law, I also enjoy working in general corporate matters. In terms of sectors, a lot of my work has been in real estate and e-commerce. The practical nature of private equity work appeals to me, and the manner in which every party to a deal have to balance their own interest with that of the others makes the work interesting. Every transaction has its interesting moments.

     

    AS A PARTNER OF JSA, BENGALURU HOW DO YOU MAINTAIN THE WORK-LIFE BALANCE?

    This is a skill I am still learning, and the most important lesson I have learnt is to not be rigid and allocate time, depending on what is a priority. Especially as a woman and a young mother, I am constantly trying to balance the various matters which require my attention and involvement, and the only way I am able to get by is to focus on what is important and urgent, and to rely on my colleagues at work and my family at home.

     

    WHAT IMPORTANCE WOULD YOU ASSIGN TO MENTORSHIP IN ONE’S CAREER?

    I have learnt from my partners and colleagues at all stages of my career, particularly from the partners who have trained me. In my work, I can easily recognise the manner in which they have influenced my approach and thinking. However, instead of looking for a mentor, it would be better to keep an open mind and absorb learnings from everyone around you.

     

    WHAT ADVICE WOULD YOU LIKE TO GIVE OUR READERS?

    Please choose the path you want your career to take carefully. If you are going to spend half your life doing something, let it be something you will love doing on a daily basis. Please be grateful for the opportunities you have and take pride in what you are doing. This will show in the quality of your work. Wherever life may take you, please try to be humble.

     

  • Kanisshka Tyagi, Partner, Legum Amicuss and practice in Private Equity and Cross Border Transactions

    Kanisshka Tyagi, Partner, Legum Amicuss and practice in Private Equity and Cross Border Transactions

    Kanisshka Tyagi graduated from Campus Law Center, Delhi University in 2007 and joined a Delhi based corporate and commercial law firm, where she got extensive exposure in real estate sector and other general corporate and commercial work. She subsequently worked with leading corporate and commercial law firms in New Delhi (NCR Region) and got the opportunity to expand her practice base to include insolvency, private equity and regularly advised on cross border investment transactions amongst other practice areas.

    She is currently heading commercial practice at Legum Amicuss, a young dynamic law firm having offices at New Delhi and Dubai, UAE. Her personal interest lies in structuring of new businesses/start-ups with a holistic approach.

     

    In this interview, we speak to her about:

    • Her specialisation in private equity transactions and corporate/commercial litigation.
    • Her role at Legum Amicuss.
    • The importance of gaining practical exposure in maximum areas.
    • Her experience in legal writing and publications.
    • Co-founding the startup WorkPlace.

     

    How would you like to introduce yourself to our readers?

    I’m a lawyer with an experience of ten years and am still trying to learn law and the tricks of the trade.

     

    Tell us about your days in law school.

    I did my graduation in law from Delhi University, which is a three years law program. As a law student while my grades were decent but I was not a very serious student. Law college taught me a lot about law and life. I still remember how Prof (Dr.) B B Pandey used to teach us law in a very different way. His classes were really popular and students actually wanted to attend his lectures. He would weave law with some common life situation so that it would become comprehendible to students of every calibre. I still remember the way he taught us Section 25 of the Evidence Act. He narrated a Shahrukh Khan dialogue from the movie Pardes which was something like “Those who want to know the truth do not come with pistol and hatred in their hearts”( Joh sach sunna chahte hai … woh apni jeb mein pistol aur dil mein nafrat lekar nahi aate). He told this movie dialogue to us to bring home the point that any confession to a police officer by an accused cannot be proved against the accused because police officers carry weapons and whatever an accused may state before him may be out of fear. In such a simple way he not only taught us Section 25 but also that law can be learned not just by reading text books but by applying it to practical situations.

     

    What were the activities that you undertook in your law school days which have shaped you and your career?

    In our college, there was a lot of emphasis on understanding the legal concepts through leading judicial precedents and that is something which is very important for a lawyer. You not only need to be well conversant with the legislative provision but also need to understand it’s judicial interpretation. Also a habit of reading is certainly an essential tool for lawyers.

     

    What are your areas of specialisation in law?

    I specialise in private equity transactions and corporate/commercial litigation. During my law school days I certainly had an inclination towards corporate laws and I always wanted to be a corporate lawyer. However, it is important in this age of super specialisation to know what are the areas where you see yourself eventually working but at the same it is very important to explore all the areas because many a time you just think that you would not enjoy a particular area of law but you may end up having great time while working on a problem under that area of law. So the aim should be to make full use of college time and read, write and gain practical exposure in maximum areas.

     

    How were the first few years after your graduation? Would you say law school prepared you for the real world practice of law?

    (Please feel free to discuss where you had started off your career and your journey up to this point.)

    Well, your student life differs from your professional life by leaps and bounds and no college can make you hundred per cent job ready, irrespective of the practical exposure the college offers. The hands on training that you receive while working is critical and college is like your ticket to entry to the real world. Law school is like a mentor who shows you the way but it’s you who has to tread that way. Throughout my professional life I have learned a lot from all my seniors specially Mr. Hemant Batra, Founder, Kaden Boriss. I’m lucky that he mentored me. I owe a lot to my mentors.

     

    Give us a brief capsule of your role at Legum Amicuss.

    I was a partner at Kaden Boriss when Legum Amicuss was founded by my friends who asked me to join Legum Amicuss. However, I was a newly inducted partner and I didn’t want to lose the opportunity of honing my skills at partner level at a well-established global firm. Few years later when I thought the time is right to be on my own, I joined Legum Amicuss. We are a small firm which is growing every day. So our responsibility is to work, gain knowledge, stay current, network, bring clients and lots more. We face lot of challenges as a firm in this competitive environment, however we are happy with whatever we have achieved.

     

    Tell us a bit about WorkPlace, which you had co-founded last year.

    Start-up is the trendy word these days. We as a firm wanted to get into the start-up sector and with that aim we decided to venture into this space. WorkPlace is a serviced co-working office space and it did help us to get introduced to a lot of start-ups but this sector is very difficult, they are very different from your usual corporate clients, be it in terms of expectations or willingness to pay. WorkPlace is moving gradually and doing well.

     

    Do you believe that the Indian legal education system is conducive to actual learning?

    Grades are important but your successful career does not depend on grades. I remember speaking on exactly the same subject at one of the conferences. I would repeat what I discussed there; These days educational institutes are doing a great job in giving maximum practical exposure to students. However, what I feel is that this system is very unfair to students, they intern for a month or sometimes for fewer days and by the time they get to understand the systems at their workplace their internship period gets over. Somehow we need to have longer periods of internship probably after every semester. Also, if we can have a system where they are allowed to assist judges and judicial staff during their college days that will help them a lot in learning the practical aspects of practice. That will give them an opportunity to observe a wider variety of matters.

     

    Being an avid writer and having publications to your name how do you choose your topics and subjects?

    If you want to be noticed then you have to choose topics and subjects which are relevant in present time and legal world moves at a fast pace so what was relevant a month back may not be relevant now. This basically means you have to read a lot and then choose the topics which are relevant in today’s time.

     

    If given an opportunity, what would you do differently in your career journey up to this point?

    Nothing. I worked hard at every stage of my professional life and more importantly I worked with lot of integrity and honesty. The one thing that youngsters need to change is their attitude towards work. Don’t just be in a rush to complete your work, give your heart and soul and treat it as if the client depends only on you and not the firm. By putting in your hundred per cent you are helping your own cause. This way you will learn faster and will be able to move up the career ladder faster.

     

    Is there any other suggestion you would have for budding lawyers?

    Well everybody’s journey is different and throws unique challenges. However, what I can tell budding lawyers is that try and explore all the options during your college days so that by end of it you know what interests you the most. Don’t have pre-conceived prejudices while exploring, just go all out with a clean slate.

     

  • Nivedita Nivargi, Partner, Samvad Partners, on her current professional role, and her diverse experience

    Nivedita Nivargi, Partner, Samvad Partners, on her current professional role, and her diverse experience

    Nivedita is a 2004 pass out of ILS Law College at Pune. Nivedita also holds a diploma in Consumer Protection Law offered by the Institute of Advanced Legal Studies (IALS), undertaken as part of the ‘Towards Conscious Legal Education’ program. Nivedita started her career in law with Ashira Law, Bangalore. While at Ashira Law, she
    dealt with litigation related to consumer protection, negotiable instruments, family law, and commercial real estate as well as handling of general corporate matters. Nivedita joined Samvad Partners in April of 2006 (then known as Narasappa, Doraswamy & Raja) as the first associate and has been with the firm since then. Nivedita was one of the
    first set of associates to be elevated to partnership from within the firm. Her practice areas comprise corporate and commercial laws with focus on private equity, venture capital funding, mergers and acquisitions, joint ventures and general corporate advisory.

    In this interview we speak to her about:

    • Her time at law school
    • Her role at Samvad Partners
    • Striking a work-life balance

    How would you introduce yourself to our readers? 

    I am a lawyer based out of Bangalore, currently associated with Samvad Partners.  I do not belong to a family of lawyers and am a first-generation lawyer.  I am a fitness enthusiast and aspire to be a long-distance runner someday. I have also been a keen student of several forms of western and Indian classical dancing.     

     

    What motivated you to pursue law? 

    Although I come from a family of engineers, my family did not influence my choice of career and the decision to take up law was completely my own. During my formative years I always wanted to do something to help the under privileged and those without access to the legal system.  Therefore, my taking up of the formal study of law was in pursuance of this inclination.

    The time I spent at ILS was a memorable one.  During my five years there, I got an opportunity to meet and interact with people from different cultures and backgrounds, which played a significant role in broadening my outlook and perspective.

     

    Did you take up activities such as moots, debates and sports in law school? 

    While at ILS, I participated in several co-curricular cultural activities. I also took up part time employment with a direct marking associate of ICICI Finance to gain some work experience.  Though this was not entirely relevant (to the practice of law), it helped me inculcate discipline and good work ethics.     

     

    Can you share some memorable internship experiences with us? 

    During my time, internships were not a compulsory part of the curriculum. As such, my decisions relating to internships were guided to a large extent by the projects that were available and were of interest to me at that time. The internships that I took up were a good mix of corporate as well as NGO work.  One such memorable experience was of the time I volunteered to be part of the relief program conducted by Human Rights Law Network (HRLN), in Gujarat in the wake of the Bhuj earthquake. This was a special experience because it gave me an opportunity to undertake relief work at grassroots level.      

    The trend of increasing competition for internships is a good one, as it requires students to take internships seriously and make the most of the opportunity, with the objective of potentially securing pre-placement offers.     

     

    What were your areas of interest in law school? 

    At ILS, we did not have a specific comprehensive course on corporate laws as part of the curriculum.  As such, knowledge of various aspects of the practice of corporate laws was mostly gained through corporate internships. My aim was to gain an all-round experience of different fields of law in order for me to choose a definite career path.

      

    What was your first job after law school? 

    Immediately after graduating from ILS, I joined Ashira Law at Bangalore, primarily as a litigating lawyer, where I was also involved in some pro-bono matters and assisted in representing women in matrimonial disputes.  Apart from practising litigation, I got to deal with general corporate matters, which piqued my interest in corporate law. This gave me the impetus in giving corporate law a try and I really enjoyed it, finally leading to the shift. Since Ashira Law was a fairly new set-up at that point of time, I got the opportunity to be involved with not just client work and deliverables but also with aspects of office management.

     

    How did your appointment at Samvad Partners come about? 

    I joined Samvad Partners (then known as Narasappa, Doraswamy & Raja) in 2006 as the first associate, and have been with the firm ever since. I got the opportunity to work extensively with the founding partners of the firm and be mentored by them. I must say that this has contributed to a great extent in honing my skills as a lawyer and ingraining the core values of the firm in me. From the very beginning, there was a lot of emphasis placed on building a solid technical knowledge base which has benefited me a great deal.  I was also one amongst the first set of associates who were elevated to partnership from within the firm.  My journey at Samvad has been truly exciting and fulfilling.

     

    What is the nature of your work as a Partner at Samvad Partners? 

    My practice areas comprise corporate and commercial laws with a focus on private equity, venture capital funding, mergers and acquisitions, joint ventures and general corporate advisory.   

     

    What motivated you to pursue a diploma in Consumer Protection law? 

    The diploma in Consumer Protection Law was one of the several diploma courses offered by the Institute of Advanced Legal Studies (IALS) as part of the ‘Towards Conscious Legal Education’ program.  In addition to the regular degree course, I pursued this diploma course to add to my knowledge base and it certainly helped since I was also dealing with consumer protection matters while at Ashira Law.    

     

    What are your views on the importance and necessity of higher education? 

    In my view, higher education is important and helpful if one intends to pursue a career in academia or intends to work abroad.  While higher education provides one with a broader perspective, the flip side would be that one would lose out on additional practical work experience during the time they are pursing higher studies.  Therefore, the decision to pursue higher studies should be a well thought out one.  

       

    How do you maintain a work life balance?  

    I try and effectively manage my time between work, family and my other interests in order to maintain the desired work life balance. It also helps that Samvad provides an excellent support system and work flexibility, as that gives me the ability to organise my day and prioritise my tasks better.   

     

    How do you keep yourself updated with legal developments in the numerous areas of law you deal with on a daily basis?

    One needs to follow legal developments on a real time basis to be able to provide up to date and correct legal advice.  Luckily this is not too difficult to do, as most information is now available at the click of a button. I regularly check official websites relating to my practice areas to track any new developments in law.  I also follow a few publications/blogs which carry some excellent articles on topics relevant to corporate laws. At Samvad, we have knowledge building sessions every week, where we discuss specific topics relating to our various practice areas and those help a great deal in gaining knowledge.

     

    What are the qualities required to succeed in the field of corporate law and in major law firms? 

    In my view, climbing ranks in a major law firm is not the only path that everyone must necessarily follow.  It is important to chart your own path and create a niche for yourself. It helps to be in a place that values your contribution and also in turn contributes to your growth at a professional as well as at a personal level.  Whatever the chosen path may be, I believe there is no substitute for hard work, dedication and tenacity.

      

    What advice do you have for our readers who are primarily college students?

    I would advise students to make the most of their time at college and participate in as many co-curricular and extra-curricular activities as possible. Not only does this help in building a good CV, but also enables gaining of interesting life experiences and creation of potentially long lasting relationships.    

     

  • Neha Chaubey, Freelance Attorney, Upwork, on admittance to the Bar in India and New York, compliance, and her experience

    Neha Chaubey, Freelance Attorney, Upwork, on admittance to the Bar in India and New York, compliance, and her experience

    Neha Chaubey graduated from Nagpur University in 2012. She has been admitted to practice law in India and New York.  She has over six years of experience in corporate law, personal injury law, deductible recovery for AIG, and document review. She has experience in both transactional and litigation aspect of law.  She has conducted numerous depositions, and attended conferences for personal injury cases in various courts in New York.  She has worked as an Associate Attorney in law firms in India and United States. She is currently pursing opportunities in Compliance.

    In this interview we speak to her about:

    • Practising in India and New York
    • Pursuing an LL.M
    • Her diverse experience

    Give us a brief overview of your life in law school in India.

    I completed my LL.B., a five years integrated course, from Nagpur University in 2008.  I paid excessive importance to academics and was the first merit in the Nagpur University. I was awarded highest number of gold medals in my class, for proficiency in various subjects.

    Late Prof. Mahabal, of the Nagpur University, had a very big impact on me in my LL.B. I religiously participated in his group discussions on various diverse topics every weekend.  I participated in numerous paper presentations, debates, turn-coat competitions, Model Parliaments, and moot-court competitions in my LL.B.    

    According to me, participation in each and every activity offered by the law school should be given utmost importance.  These activities prepare students for life after law school.  

     

    Is an L.L.M absolutely necessary for a career in law?

    LL.M is not mandatory for having a successful legal career.  LL.B. should definitely be sufficient. However, if a person wants to pursue law in the United States, the first option is to pursue JD, which is equivalent to LL.B. and the second option is to pursue LL.M.  Both the options have their advantages and disadvantages.  

    When a person completes J.D. from Unites States, it opens far more avenues for one’s career as opposed to LL.M. However, J.D. takes longer to complete than LL.M. and is much more expensive.

    When I was in the final year of my law school I started thinking about the next step.  I narrowed down my options to three categories, namely- to appear for CAT in order to pursue MBA; to prepare for TOEFL in order to pursue LL.M abroad;  or to prepare for JMFC (Junior Magistrate First Class).  As my elder sister has studied abroad for her M.S. in Chemical Engineering, I decided to follow her footsteps and pursue LL.M.  I chose Widener University, located in Delaware, U.S., to pursue my LL.M. in Corporate Law and Finance because Delaware is the most corporate friendly state in the United States.  A very high majority of companies, irrespective of their location, are incorporated in Delaware, because of its corporate friendly nature.

    During my LL.M. studies I had to complete a total of 24 credits. These 24 credits could be completed by taking some core courses (mandatory courses) and some electives (optional courses).  Each subject comprises a number of credits.  When a subject is extremely pivotal, it comprises of more credits, like Business Organization has four credits, whereas a relatively easy subject like Colloquim comprises only two credits.  These 24 credits can be completed in one year.  However, I chose to complete them in two years in order to get some extra time to pursue some internships before graduation.  I completed good amount of credits in my first year so that I had very few credits remaining in my second year.  This helped me to focus on finding internships.  In the second year, I decided to do judicial externship with a District Court Judge for which I received three credits.  I thought that receiving credits for a judicial externship would be better than taking an elective course because it would give me some invaluable first hand experience in the workings of a court.

     

    What kind of internships did you engage in during your student years which you feel were invaluable to your experience as an attorney?

    Being the first person to pursue law from my family, I did things by trial and error method.  I did not pursue any internship during my LL.B. If I could go back in time, I would definitely pay attention to securing internships early in my career.  I understood the importance of internships by the time I started my LL.M.  I interned at the Department of Justice and did Judicial Externship with a District Court Judge in Delaware.  I also interned with an Honorable Judge from Superior Court in Delaware.

    Which is the ideal time to do an L.L.M; right after undergraduate studies, or after a few years of practice post undergraduate studies?

    There are advantages and disadvantages of pursuing Masters right after LL.B and after acquiring some legal experience.  I did LL.M. right after LL.B.  This helped me in completing my studies in one stretch and I was done with my studies at a specific age.  Thereafter, I could focus my energy on other aspects of my life.  However, if given a chance, I would gain some experience before pursuing LL.M.  The main advantages of this second approach is that many law schools prefer students with some legal experience.  Moreover, good legal experience can come in handy when a student has less than perfect GPA.  Also, a person can decide their specialization for pursuing LL.M with more certainty after acquiring some years of legal experience.  

     

    How important are grades, in your opinion? 

    Grades are very important not only for securing admission in Masters but also in job search.  Many job descriptions specifically mention that students above a specific GPA would only be considered.  Moreover, some jobs require students to submit their resume, writing sample and law school transcript in order to apply for the job.  Therefore, it is important to pay attention to GPA from first year onward.  

     

    What is your message to our readers?

    I have been a law student and I can totally relate to the confusion and endless career related questions students may have.  When I was on the cross-roads and was contemplating whether I should pursue LL.M or not, I met a handful of seniors who had pursued masters from abroad.  Students can feel free to contact me on Linkedin for career related questions and I will try to answer them to the best of my ability.  

  • Nitika Mehra, Associate Manager, Jindal Stainless Steel, on litigation, corporate law and work-life balance

    Nitika Mehra, Associate Manager, Jindal Stainless Steel, on litigation, corporate law and work-life balance

    Nitika Mehra graduated from Symbiosis Law School, batch of 2010. Since then she has worked at D.K. Sharma and Co. and HCL Infosystems Ltd. She is currently Associate Manager at Jindal Stainless Steel. Her role involves reviewing , drafting and negotiating varied contracts such as Service Agreements, Authorized Service Provider Agreements, Procurement Agreements, Reseller and Distribution Agreements, Software License Agreements, End User License Agreement, Transport and logistic Agreements, Annual Maintenance Contract and Warranty Agreements, Teaming Agreements, Agreement CUM Orders, among others.

    In this interview we speak to her about:

    • Transitioning from litigation to corporate law
    • Striking a balance between work and home
    • Her plans for the future

     

    How would you like to introduce yourself to our readers?

    “In search of knowledge it all began and found refuge in finding always something new, till the time came for me to realize that the true wisdom is only known to a few.”

    I am a very ordinary human being trying to appreciate the extraordinary in all of us, reaching out each day to live life like a dreamer, a lawyer, a girl, a woman and most importantly, a good human being.

     

    Tell us a little about your time in Symbiosis Law School.

    My time at Symbiosis was enthralling. It helped me shape my personality and gave me a broader perspective on life. At Symbiosis I met some great people who very quickly became my friends and are very much like family today.

     

    Are there any lawyers in your family?

    I come from a business family, I am a first generation lawyer.

    What sort of activities did you participate in while in law school? Were they mainly academic in nature?

    Symbiosis Law School is not a college where one would learn from the text books alone, but also through the co-curricular activities. I took part in debates, story writing competition, Model United Nations Assembly, essay writing competitions, throw ball competition etc. My batch mates and I started a legal aid cell called “Kilkari” to help underprivileged children and took part in a workshop in OSHE (Occupational Safety, health, environment science).

     

    What field of law are you most interested in?

    I am interested in Corporate Law. After approximately two years of litigation, I wanted to try corporate. To me corporate was a better match for my personality and what I wanted out of my career. Transactional work appealed to me as I was attracted to its complexity, and I felt that the skills and knowledge I would acquire were more tangible. I realised that corporate law is a vast field with its own niche, providing an individual flexibility to choose from the sub fields one wants to excel in.

     

    Talk to us about the transition from student to working professional.

    The transition from a student to working professional was very different and initially difficult as well. From being a graduate to being entrusted with responsibilities of cases such as civil as well as criminal was a challenge. However, it was not an impossible task. With the right amount of effort, hard work and a positive attitude one can achieve a lot. It did not take me much time to realise that the practical is very different from the theoretical taught to us and with the amount of reading one needs to do as a lawyer, they are always on their toes.

    As a student one starts off with limited knowledge and understanding however as you grow and years pass one develops the understanding of their field of practice. Since I have litigated in the formative years of my profession, I have a better understanding of the contracts as well. While negotiating or drafting, I am well aware of the actual practice and the repercussions of the clauses in case of litigation. Thus it makes it easier to foresee the consequences of a clause in a future dispute.

    What does a typical day in the office look like for you?

    A typical day would be a mix of reviewing and drafting contracts along with negotiations with respect to the contracts. Support to the cross functional teams in understanding the transaction from legal point of view as well as everyday advice/responses on the queries of the business. Apart from this my profile also involves apprising the external advocate on the cases, reviewing the plaints/submissions/ written statements and other legal documents drafted by the external counsels, actively involved in briefing the senior counsels, as well as court visits.

     

    If you weren’t in the legal field, what other profession do you think you would have taken up?

    If I were not a lawyer, I would be a life coach or a business woman. Coming from a business family, I was intrigued by the fact that law played the basis or an important part of almost all professions. Before starting any new venture or expanding the already existing one, one needs to check the legal modality of that venture. Upon my interaction with the existing lawyers at that time, I realised that in the coming years an effective legal department will prove to be the backbone of a company, as well as help in risk mitigation.

     

    Why did you switch from litigation to matters pertaining more to contracts and companies?

    I am a person who believes in hard work but I also believe in work-life balance. During my time in litigation I realised that it was difficult for me to balance my hobbies while litigating. Even though my professional life was booming, my personal life had taken a backseat and I was not able to devote much time to it. Hence I decided to choose an in-house counsel over litigating counsel. As an in-house counsel along with the reviewing, drafting and negotiating contracts I get to engage the services of an external counsel who litigates in the matters with respect to the company I am associated with. An in-house counsel is an interface between the company and an external counsel, which pretty much keeps you in touch with the litigation (only with respect to the company though).  One is also required to review the legal documents drafted by the external counsels, however, in some firms the legal documents are drafted by their in-house counsel itself.

     

    In your opinion, what are the skills and qualities that have helped you reach where you are?

    A combination of certain skill sets are required to excel as an in-house counsel such as the ability to see things from the business perspective, strategise and anticipate risks for the company, strong communication skills as one needs to connect to a variety of audiences, from external stakeholders to the heads of different departments or colleagues from other functions. Also, there is a need to communicate complex legal terms in layman terms, as well as explain legal concepts and limitations relevant to the tasks at hand.

     

    What are some goals that you’ve set for yourself in the professional sense?

    The professional goals that I have set in for myself are to expand my domain further by enhancing my knowledge on laws of other countries and take part in international negotiations.

    On the personal front I do a little charitable work such as educating people of their rights, donating blankets etc., however, I would like to provide a platform to the destitute to learn and display skill based knowledge and help them in attaining employment.

    Where do you see yourself in five years?

    In five years I see myself starting something of my own wherein I would be able to give back to the society and provide employment to people.

     

    Is there any message you would like to leave for our readers?

    Your career will be over before you know it. What do you want it to look like in twenty years? 30 years?  Do you want to be known as a person of integrity, a person who keeps his/her word? A person who follows through? Please ask these questions before making any decision, figure out your ultimate goal.

     

  • Varun Sriram, Partner, J. Sagar Associates, Chennai on steering a successful corporate legal practice with a law degree and completing Company Secretary course

    Varun Sriram, Partner, J. Sagar Associates, Chennai on steering a successful corporate legal practice with a law degree and completing Company Secretary course

    Varun Sriram graduated from Symbiosis Law School, Pune in 2006 and thereafter also qualified as a Company Secretary Course from the Institute of Company Secretaries of India. He is currently a Partner at J. Sagar Associates, Chennai and practices mainly in General Corporate, Mergers & Acquisitions, Private Equity and Banking & Finance. He has over ten years of work experience in corporate legal work.

    In this interview he talks to us about:

    • His law school life at Symbiosis Law School Pune;
    • The essentials of a good corporate lawyer;
    • His experience and work strategies for ruling the corporate market;
    • Opportunities that a corporate practice has to offer;
    • His views on the current demonetization of high value currencies and the new Insolvency Code; and
    • His fondness for corporate and commercial laws.

     

    What interests or influences propelled you to pursue law as a career? What other options were you considering apart from law and how did you make the final decision?

    It wasn’t out of any specific interest at the beginning. Interest grew over a period of time, over a few years into practice. I took up a science group in eleventh standard since most of my friends chose science and I wanted to continue to be in the same class as them. It was during my mid-term that I started considering options for higher studies mainly due to peer pressure. I knew science wasn’t my cup of tea and I should not continue in that stream. I asked the school principal if I could change streams to commerce and she was gracious to agree. I joined the commerce stream just a week or two before our half-yearly exams and aced business studies, economics and accountancy.  That’s when I knew what my fundamental interests/strengths were even though I was not sure about future plans. I was considering my options in twelfth standard and one of my teachers mentioned that no student for several years had opted for law. Plus I was reading Perry Mason books back then and had seen quite a few movies with court room drama. Thereafter when I heard about Pune law colleges and life out there, I was quick to make my decision. I joined Symbiosis Law College in 2001 and never look back. My other option was to do a professional course in culinary arts and become a chef. I enjoy cooking and thought I would take it to a professional level. Then someone told me I could be a lawyer and still cook for people, but the other way round would not work. It made sense and I stuck to the plan.

     

    What were your objectives and plans in the preliminary years of law school? What curricular and extra-curricular activities and internships did you opt for while in law school?

    I did not have a plan, at least not for the first two years of college life. I spent time exploring Pune and making new friends. Sometime during my second year, I realised I had lot of time in hand and enrolled for ACS. I did one internship every year including outside of my home town Chennai. I did a few moot courts as well. I was also part of AIESEC, Pune. I would sum up my college life as academically above average, well rounded and a lot of fun.

     

    Straight after law school, you got an offer from HSB Partners, Chennai. What was the work profile you were entrusted with there and how was your experience there during your initial days?

    I joined HSB Partners by chance and not by plan. I was exploring my options after college. I took up a special project with a Danish MNC based out of Chennai to work on compliance aspects for them. I thought I would take the opportunity to get some perspective on management/strategy issues on the side. Within a few weeks, I realised it was not the right fit for me. I needed professional guidance. I met with some Industry leaders, entrepreneurs and lawyers to get suggestions. I even had an offer from an FMCG MNC based out of Mumbai for a legal role. Still, I was not convinced. I had done an internship with Mr. TK Bhaskar (TKB) in my third year of college and decided it would be good idea to meet him and discuss some options. That was the turning point. He offered me a position instantly after a brief discussion around 8:30 PM. I joined the next day not knowing that stint was going to be my beacon in the years to come. Initially, I worked with HSB Partners for two years. I was involved in a variety of work on corporate & commercial contracts, PE/VC and M&A work, corporate litigation matters, merger/de-merger schemes, drafting legal opinions on various corporate/commercial matters and occasionally even running to the consumer forum. Most weeks were six and half day working weeks. It was a good experience, especially the diversity of the nature of work that I was exposed to. I was also fortunate to get a lot of time from TKB.

     

    Within a few years, (if I am not wrong it might be shortest journey for a new law graduate) you got promoted to partner at HSB Partners Chennai, a reputed law firm in the southern circle.  What skills and qualities do you think helped you achieve you this position?

    While I continued to enjoy work at HSB Partners, I wanted to have first-hand experience in a Mumbai law firm specialising in PE and M&A work. So I started applying to various firms and had the opportunity to interview with a few of them. A very good friend and senior from college was working in Economic Laws Practice (ELP) and arranged for me to interview with one of the Partners. I interviewed with them and was offered a position instantly by Mr. Suhail Nathani and I took it up. I worked in ELP’s PE/M&A team and did some fantastic transaction work. I learned a majority of private-equity transaction related nuances during my stint here. I moved after a few years to ALMT Legal in Bangalore and worked with well-known names like Mr. SR Arun and Ms. Dhanya Menon. I had the opportunity to do capital market work like IPO, Rights Issue etc. besides some good and large M&A transactions.         I spent almost five years between Mumbai and Bangalore before moving back to Chennai. I re-joined HSB Partners although I had an offer from a national level firm in Chennai. While I started handling more of transaction related work, I worked on other matters from time to time. I was extremely moved when I was elevated as a salaried partner, especially considering I was the first associate to be elevated as such. I think my progression is a result of the combination of many attributes – exposure to a variety of work, good mentorship, strong fundamentals and liking towards corporate/commercial legal matters, my dual qualification (Law and ACS) and my associations with reputed firms and individuals.

     

    Your linked in profile says that you are driven by an “interest to find resolutions to intricate business requirements” and that your “practice emphasis has always been to add value to clients”. What interests lead you to such a yearning?

    The first sentence of the statement is based on my interest and passion. The second sentence of the statement is the end objective of my first sentence. That’s how I look at it. Without facing challenging requirements, there is no intellectual stimulation. Without finding lawful yet workable solutions to clients under such circumstances, there is no value creation. Without value creation, there is no client. Thus I feel there is immense logic and purpose in that statement and living by it.

     

    What are the opportunities that a practice has to offer? What are the essential requirements to rule the Indian corporate market?

    The legal profession is going to become more specialised in the days to come. This is the natural progression. Clients demand, and rightfully so, deliverables under tight time-lines to keep pace with various commercial and M&A activities, competition etc. This is possible only if the lawyer in question is fundamentally strong in the subject matter and has good exposure on ground. The requirements for developing into a good corporate lawyer and continuing to be one are always dynamic and not constant or a one-time effort. I think the use of technology effectively will make a difference going forward. It is important to be aware of legislative/policy developments, changes, general business news, developments in transaction structures and practices, new and changing business models etc. It is combinations of all of these that aidsand improves one’s legal acumen and helps one perform better as a corporate-commercial/transaction lawyer. Being level-headed, rational and solutions driven is vital.

     

    Do you feel that doing a company secretary course from the Institute of Company Secretaries in India will be add fuel to one’s work profile at a corporate practice?

    Completing a Company Secretary course together with Law certainly gives an edge with regard to certain fundamentals academically, in corporate and secretarial laws and adds weight to one’s resume. But I would not attribute more than that. Anything I learned out of a text book until I applied it on the job was to some extent surreal. Most of the real learning is on the job at least that has been my experience. I think if one has the time to study and get an extra degree, why not. It could CS, CA or MBA finance – all of them are good combinations with a law degree.

     

    The newly enacted Insolvency and Bankruptcy Code, 2016 has stirred a dynamic shift in the insolvency regime. What is in your opinion, efficacious about this code in the Indian corporate market?

    Prior to this legislation, there were multiple laws and forums that dealt with insolvency related issues. The insolvency code is a uniform and complete code dealing with insolvency issues and applicable to all companies (not banking companies), partnerships and individuals. The code has established a new framework, with a regulator, insolvency professionals and detailed adjudication mechanisms. The code if implemented properly, will lead to pro-active and effective resolution processes re insolvency matters.

     

    You are currently partner at J. Sagar Associates, Chennai. What is your work profile there? Could you share your experience at the firm so far?

    I primarily deal with private equity, M&A and other corporate and commercial matters. JSA is a tier-1 firm both in capability and culture. JSA is known and stands for work quality, expertise and good values. The organisation inculcates and encourages good ethos and transparency in dealing with people, both internally and externally. It is also interesting to note JSA’s active involvement in pro-bono activities. This year being the 25th anniversary, additional pro-bono initiatives are under-way. This milestone is being celebrated by reaching out and giving in ways we can, so that others may be lifted by an experience of equality, empowerment and justice. I feel fortunate, proud and a sense of satisfaction being associated with JSA.

     

    Why the special interest in corporate laws and commercial laws with a special focus on mergers and acquisitions, joint ventures, private equity, general corporate matters and corporate compliance over a number of sectors?

    While I worked on a variety of matters during the initial two years of practice, I gradually realised I needed to focus on some area of practice. My natural inclination towards corporate/commercial and M&A matters made the choice easier. I think it’s important for any fresh law graduate to get a feel and sense of as many diverse areas of practice as possible, initially. At some point it will naturally lead to a focus in one or more areas of their liking if all goes well.

     

    Do you think the current demonetization of higher value Indian currency is going to boost the Indian economy?

    The market sentiments are polarised on this. Professional write ups, views and emotions are mixed and economists in some cases have taken a cynical view. While I am no expert on policy issues, I think the logic behind the policy measure is sound. Implementation of the policy is another matter and there possibly could have been more systems and checks put in place for it being more effective and reducing hardship to sections of people relying on physical currency in their daily life. But now that the policy is already in play, improvising implementation dynamically is the need of the hour. Whether the policy will actually meet its purpose and objective i.e. eradicate black money/counterfeit notes, weakens the parallel economy thus consequently leading to better GDP, digitalisation of payments and receipts etc., only time will tell. It is also important to measure the purpose and positive effects of the policy against the cost of implementation of the policy factoring in all adverse ripple effects created, in some objective manner to test the success of the policy.

     

    What were the challenges you faced in shaping up your career as it stands today and where do you see yourself ten years from now?

    It will be unfair to say I faced any material challenges in shaping my career. I was reasonably dedicated, took a keen interest in work and looked out for client interest while never diluting integrity. I did not see or think of them as challenges. I don’t know where I see myself in ten years. I just hope I have the strength and opportunity to do and continue to do what I like and proud of.

     

    Do you agree that law students with a corporate legal legacy (family background) are more likely to succeed in practicing it?

    Not necessarily. It may give a person an edge with respect to learning, networking and an immediate name in the market. But I believe one earns the tag as a good corporate lawyer over a period of time based on merit and work quality. Therefore, it is possible for lawyers without legal family lineage to also succeed, catch up, and even go past those who have it. It entirely depends on the individual, his/her capabilities and conviction. It needs to kept in mind that success is subjective, a state of feeling and difficult to be objectively measured.

     

    What is your parting message to law students and young generation lawyers?

    It is good to try diverse legal work for a few years before focusing on something more specialised. During the initial phase of your career, give more weightage to working with a good and reputed senior rather than the size of the firm, brand of the firm, pay package etc. Don’t give into placement/peer pressure. If often you do not feel a sense of pride/satisfaction relating to the work that you deliver, start assessing the situation as rationally as possible. Never hesitate to make drastic changes in the way you work or your career options when you are convinced the outcome will be more positive. But never make them in haste. Always think through, talk to well-wishers and more experienced people before taking any drastic steps relating to your career.