Super Lawyer

Tag: Corporate

  • Pratik Bakshi, Business Development Associate, J. Sagar Associates, on launching World Law Forum, and resolving Business and Human Rights disputes through arbitration

    Pratik Bakshi, Business Development Associate, J. Sagar Associates, on launching World Law Forum, and resolving Business and Human Rights disputes through arbitration

    Pratik Bakshi graduated from National University of Advanced Legal Studies (NUALS), Kochi in the year 2018. He is currently working as a Business Development Associate with J. Sagar Associates, Gurugram. He has founded several organisations, such as World Law Forum, the Network for International Law Students, and The Union Debates (previously, Indian Union Debate Forum). He is one of the few people working extensively on Business & Human Rights in India and is a member of the Sounding Board of the Hague Rules on Business and Human Rights International Arbitration, a committee working on establishing a system to adjudicate business and human rights disputes through arbitration.

    In the past, he has worked with Ram Jethmalani as his PR/Social Media Manager; and advises various law-focused start-ups, including The Negotiation Academy, The European Centre for Career Education etc. Through his latest venture, World Law Forum, he aims to bring a transformation in the world through law. World Law Forum has since its foundation worked on crucial and niche areas, such as Modern Slavery in Australia and Anti-SLAPP Legislation in India.

    In this interview, he talks to us about-

    • His law school experience at NUALS;
    • His internship experiences with Mr Mahesh Jethmalani, Khaitan & Co. and J. Sagar Associates;
    • His experience as the founder of Network for International Law Students and World Law Forum;
    • Prioritising works in law school;
    • His appointment experience as a Business Development Associate with J. Sagar Associates; and
    • His opinion about resolving human rights disputes through arbitration.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE SHARE YOUR ACADEMIC AND PROFESSIONAL BACKGROUND.

    I like to introduce myself as a lawyer by profession and an entrepreneur by passion. I graduated earlier this year from the National University of Advanced Legal Studies (Kochi) and I am currently working at J. Sagar Associates. Since my first year at law school, I have founded six organisations, half of them were successful and the other half not-so-successful. But I guess, that’s part of being an entrepreneur.

    WHY DIDN’T YOU OPT FOR CONVENTIONAL DEGREES IN ENGINEERING OR MEDICINE?

    To begin with, I wanted to be an automobile engineer and had made up my mind to develop the next cutting-edge car design and technology. I remember being super-excited when we were about to start our Physics lesson on ‘Torque’ in school. Almost needless to say, I didn’t understand anything, and after a few weeks, I made a conscious decision that it was not my thing. Well then, like many others, I chose law because I didn’t fit in elsewhere. I also heard that law graduates made good money compared to other graduates, so that helped me make my mind a bit as well. Looking back, I would say that it was one of the best decisions that I have ever made in my life.

     

    TELL US A BIT ABOUT YOUR TIME STUDYING LAW AS AN UNDERGRADUATE AT NUALS, COCHIN. ARE THERE ANY MEMORABLE MOMENTS OF LAW SCHOOL, WHICH YOU WOULD LIKE TO SHARE?

    When I started law school, there was absolutely nothing to do there. We had classes for six hours till 04:30 in the evening; and the library would shut at about 06:30 if I remember correctly. There was barely any time and resource for the students to take on any extra-curricular or extramural activities. Things changed and became better after a year or so with some positive reforms coming in, but personally, I had already lost hope/interest in whatever goes on in law school. By then I had already started the Network for International Law Students (NILS), which kept me busy. It was a new organisation then, and I was excited to work with students and lawyers from across the world. Then during my third year, I contested for being the Debate Secretary of the law school and lost (by a huge margin, I remember). I was the most experienced in organising debates, or would I believe, but then you know how things work in an election. So, I started another organisation called the Indian Union Debate Forum along with a classmate of mine, who was equally frustrated with the whole high-drama politics that was going on. The idea was to introduce the Oxford/Cambridge Union-styled debates in India. We had our first debate three to four months later and were thrilled by the response that we got. We got Ram Jethmalani, Subramanian Swamy, Manish Tewari, Madhu Kishwar, KTS Tulsi, Pinky Anand among others as speakers and debate against each other – a never seen before the scene in India. So, it was probably the most engaging and exciting period of my law school life.

    INTERNSHIPS PROVIDE STUDENTS WITH THEIR FIRST EXPOSURE TO THE PRACTICAL ASPECTS OF THE LEGAL PROFESSION. COULD YOU TELL US ABOUT THE INTERNSHIPS YOU TOOK UP, AND WHAT YOU LEARNT FROM THOSE EXPERIENCES?

    Internships are helpful because they help you realise what you are made for. For me, it made me realise that I am certainly not made for transactional law. Of all the internships that I have done, I have enjoyed three of them thoroughly – Mahesh Jethmalani, Khaitan & Co, and J. Sagar Associates. When I was an intern under Mahesh Jethmalani, there wasn’t a lot of work for the interns to be honest, but the aura of watching Jethmalani Jr. in the court and see him argue made up for it. Plus, you got to be involved in all the cases that you see every day in the news, so it was all very exciting. Next up, Khaitan & Co, I was with a great bunch of people and enjoyed all the work that was given to me – primarily disputes matters. And lastly, JSA because it introduced me to the area of business development for law firms in which I am currently involved now.

     

    YOU ARE THE FOUNDER OF THE NETWORK FOR INTERNATIONAL LAW STUDENTS (NILS), A STUDENT-RUN BODY WHICH HAS ITS PRESENCE IN 26 COUNTRIES. COULD YOU PLEASE TELL US A BIT ABOUT THIS ORGANISATION AND WHAT MOTIVATED YOU TO ESTABLISH THIS ORGANISATION?

    As said earlier, when I joined law school I always felt that one has to take a lot of his/her own initiative to keep herself engaged. I believe it’s the same with most law schools in India and other developing countries. I started NILS with a focus to provide something to students especially from developing countries to farther the exposure and engaging themselves in activities which otherwise they wouldn’t in their law schools. We did some interesting events and exchange programmes which were highly praised and received wide attention. I was fortunate to come across a bunch of enthusiastic students who believed in my idea and took it to the next level; and as you said correctly, currently we have over 5000 members in 26 countries across all continents, except Antarctica of course.

     

    LATELY, YOU CO-FOUND WORLD LAW FORUM. WHAT STIRRED YOU TO LAUNCH THIS ORGANISATION AND CAN YOU TELL US A BIT ABOUT ITS GOALS?

    I was set to retire from NILS in 2018. Many people advised me not to retire as it was my baby, but then I wanted NILS to grow as a democratic organisation, run by and for law students. Therefore, it did not make sense for me to stay there forever, after ceasing to be a law student. I wanted to take my experience to the next level and founded World Law Forum, along with a colleague of mine who I worked briefly in NILS. The idea behind World Law Forum is to engage people in discussions on areas of law which are rarely discussed upon, either because people are not aware of them or because they think they are not important enough. Therefore, the core-topics that we work on are cutting-edge and will be the most relevant topics in the next decade. We organised the first-ever conference on Modern Slavery in Sydney earlier this year, after the Modern Slavery Act coming into force in the New South Wales. In India, we organised India’s first-ever conference on Strategic Lawsuits Against Public Participation (SLAPP), with over 620 participants. Therefore, the areas of our work are generally the “first-ever” or “among the firsts”, and we try to promote such areas of law, which would be relevant in the future. So far we have got a really good response, with eminent people including Head of States, Noble Laureates, Judges and the most eminent lawyers, journalists and academics having attended our event.

    Another thing that led to the foundation of World Law Forum is that we felt that the legal profession is a bit isolated and most events organised in the legal sector involve mostly members of the profession and barely from other professions or walks of life. However, the law is something which affects everyone and therefore ours is a platform for people from all walks of life to come together and discuss the law.

     

    WAS IT DIFFICULT FOR YOU TO RUN THESE ORGANISATIONS CONCURRENTLY WITH YOUR LAW SCHOOL WORK? HOW DID YOU MANAGE TO HANDLE BOTH THE WORK SWIFTLY? DID YOU EVER PRIORITISE THESE WORKS OVER YOUR ASSIGNMENTS AT LAW SCHOOL?

    It was not difficult at all. Rather, it was the most fun part of my law school. You have to prioritise your work and that’s what I did. There were some subjects in our curriculum that I was not interested in, so they were low on my priority list. While, there were some subjects and professors I really liked, and I focussed on them. And most students in India cover most of the curriculum a couple of nights before the exam, I was part of the same gang. So, it was all good. At least it helped me learn the skill of multitasking which is very essential.

     

    DO YOU FEEL THAT HUMAN RIGHT DISPUTES ACROSS THE GLOBE CAN BE RESOLVED THROUGH ARBITRATION INSTEAD OF COURTS? IS ARBITRATION THE PROPER ADJUDICATORY MECHANISM TO RESOLVE THESE DISPUTES?

    I am a member of the Sounding Board of The Hague Rules on Business and Human Rights Arbitration. The Working Group is working on developing this system where Business and Human Rights disputes can be solved via International Arbitration. The Drafting Committee is chaired by Bruno Simma, a former Judge of the International Court of Justice.

    So, most of the Business and Human Rights cases arises from countries or regions where the courts and other mechanisms have failed to deliver justice, which can be because of lack of courts or corrupt courts etc. Even where competent courts are available, Arbitration offers an attractive alternative with speedier procedure and awards that are potentially enforceable throughout the world under the New York Convention.

    We are often asked why businesses would who are accused of human rights abuses chose to submit the disputes to arbitration. We must understand that today, the consumers have started looking into the business ethics of companies before buying products and have in the recent past seen boycotting of products of companies accused of human rights abuses. Therefore, when a corporation’s reputation is questioned, the management might prefer speedy resolution of the dispute, rather than a lengthy litigation in court. In the case of arbitration, the parties may also choose judges with expertise in Business and Human Rights, rather than submitting the matter to the court where the judge is chosen by “the luck of the draw”. An expeditious and fair hearing would limit the reputation damage and can also help the victims in accessing justice faster and more conveniently.

     

    YOU HAVE WORKED AS PUBLIC RELATIONSHIP MANAGER WITH THE OFFICE OF RAM JETHMALANI AND HAVE BEEN ADVISING THE NEGOTIATION ACADEMY ON ITS BUSINESS EXPANSION. WHEN DID YOU DEVELOP YOUR INTERESTS TOWARDS THESE SORT OF BUSINESS DEVELOPMENT WORKS?

    I have known Mr Jethmalani for a while now, as he was the first Patron of NILS. When he resigned from his own newspaper, The Sunday Guardian after an editorial dispute, I suggested that he should consider having his own blog, considering he already has a mass following. He agreed to the idea and I started running his blog/website, and slowly was assigned the task to handle his media accounts. As far as the Negotiation Academy is concerned, I had invited Claudia Winkler to India for a series of workshops on negotiation targeted at law students. Until then, she had mostly trained lawyers; but after seeing the potential in the student market, we decided that an academy on negotiation with a focus on training students would be great. And so, I’ve been involved with the Negotiation Academy from the scratch and advise on the business strategy.

    For most of the last five years of my life, I’ve been doing business strategy and development for the different organisations I have been involved with – so my interest in it evolved over the years.

     

    HOW DID YOUR RECRUITMENT TAKE PLACE AT J. SAGAR ASSOCIATES? WHAT DOES A TYPICAL WORKING DAY LOOK LIKE FOR YOU?

    I interned with J. Sagar Associates during the final year of my law school and it seemed to be a great place to work for. As I was deciding on what career path should I choose after law school, JSA seemed to be a great stepping stone as I had always admired the principles on which the firm has been founded – of being democratic and providing equal opportunity to everyone; which is a rare sight in the legal industry in India. And so, I showed my interest to have a permanent position in the firm and after sending my CV etc, and I was selected to work for the firm.

    I am responsible for the submissions that the firm makes to different journals, improving market-visibility, working on proposals and pitches, analysing the business of peer law firms, identifying conferences and events which the firm can participate in, and forming other marketing and branding strategies.

     

    DO YOU THINK YOU LAW DEGREE PROVIDES YOU WITH AN EDGE IN PURSUING YOUR WORK AT J. SAGAR ASSOCIATES?

    The work at the firm is not directly related to law, but then having studied law always provides you with an edge, since it takes you considerably lesser effort in understanding how a law firm works, what visibility is essential for a law firm and what do the clients look for.

     

    PLEASE SHARE SOME ADVICE TO YOUNG LAW STUDENTS WHO WISH TO HAVE A CAREER IN ENTREPRENEURSHIP?

    I have always followed the principle of ‘Zero to One’ by Peter Theil, which basically means that to be successful in entrepreneurship, you must be the first in the market. If you are just copying someone else or trying to do what already exists in the market, you are only one in the ‘n’ number of competitors. While if you’re coming with an innovative product or service, you are the only one in the market, you get the first-movers advantage and almost enjoy a monopoly till someone else comes up. Therefore, to be successful in long-term, you must be innovative and work on something which is missing in the market; or provide an out-of-the-world perspective/angle to an existing product or service. This applies to all sectors. Even for law firms, one must show how one’s firm is different from its peer law firms. So, you need to find your USP and start working on it at the earliest. Don’t overthink – just go with the flow. You may want to make your Plan A and Plan B, but in entrepreneurship, mere Plan B is not enough, and you might need to plan yourself until Plan Z or even further. But as you start working on it, you learn to improvise and move on. Patience is supremely important. Don’t worry about funding because if you have a solid plan/idea, money would come in from one side or the other. And the best time to start working on it is while you are studying because there’s not much at stake, you have more time and can take risks.

     

    WHERE DO YOU SEE YOURSELF TEN YEARS FROM NOW?

    It’s a tough question. I don’t generally think that far away. But I would say I see myself as an entrepreneur who has brought at least something valuable to the world. Ticked off my bucket list. Maybe, politics? But I know that I would be a really bad fit in there.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS WHO ARE PRIMARILY LAW STUDENTS AND YOUNG LAWYERS?

    Work towards what defines you. Just because you went to law school does not mean you have to be a lawyer. There are so many more opportunities out there if you can convince yourself that it is worth that tiny risk. Parents are always harder to convince, but then they will be convinced in a few months if they see you making a living and happy with what you are doing.

     

  • Rohan Bishayee, Legal Advisor, DFDL, on building his career in Corporate Law and work experience in South East Asia

    Rohan Bishayee, Legal Advisor, DFDL, on building his career in Corporate Law and work experience in South East Asia

    Rohan Bishayee graduated from School of Law, KIIT University with a specialisation in Corporate Law. Throughout law school he was the topper of  BBA LLB course and received several awards for academic excellence. Apart from academics, he won several awards including a Best Advocate Award at the Moot Court Competition held in IMS Unison University, Dehradun. Upon graduating from School of Law, KIIT University, he received job offers from various top tier law firms and is currently working in DFDL and exploring the global market.
    In this interview we speak to him about:
    • Reasons for choosing DFDL and shifting base to South East Asia;
    • Tips on the cv of a  law student aiming to joining an International law firm
    • His role and responsibilities as legal advisor at DFDL ;
    • Recruitment process at DFDL

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    A corporate lawyer, sports aficionado and musician believing in spirit and the power of dreams.

    I practice corporate law with DFDL, a top tier law firm having offices across South East Asia (Phnom Penh, Yangon, Bangkok, Jakarta, Singapore, Hanoi, etc.) Apart from being a lawyer, I am a passionate musician and can play the violin and the guitar, among other instruments. I was part of a chamber music orchestra known as “L’Atelier de Musique” and performed in concerts in India and other countries. I love playing and watching football and was privileged enough to be selected for a “Manchester United Soccer Schools” training programme during my school days.

     

    PLEASE TELL US ABOUT YOUR TIME AT LAW SCHOOL. HOW WAS YOUR APPROACH TOWARDS ACADEMICS WHILE IN COLLEGE?

    The five years that I spent at School of Law, KIIT University were the best years of my life. I participated in several co-curricular and extra-curricular activities which made the entire experience very enjoyable. During my time at law school I was fortunate to share a very powerful relationship with some excellent professors who taught me valuable lessons of life and law. I was also a part of quite a few societies and worked extensively with some very proficient batch-mates.

    I think the most important thing about academics is keeping things simple. I focused on important classroom lectures, basic reading and spending sufficient time in understanding the fundamentals. This is one discipline which has a large space for independent thought and creativity in application which I coupled with fundamental knowledge of law to yield positive results.

     

    YOU HAVE REPRESENTED YOUR COLLEGE AT PRESTIGIOUS MOOT COURT COMPETITIONS. HOW DID YOU GO ABOUT PREPARING FOR THEM?

    Mooting has been the single most gratifying experience in law school. When I went up to argue before a judge in a moot court competition, I felt as if the world was mine. If I were to point out the happiest moment of my life, it would be when I was adjudged the ‘Best Student Advocate’ in one of these competitions.

    I would advise law students wishing to take part in these competitions to pick team members who are of a similar academic temperament and are willing to dedicate the same amount of time and energy to this activity. My team and I usually dedicated about two months to prepare for these competitions that required long hours of extensive research to find the most convincing arguments. We took a lot of guidance from our seniors on specific points of research, materials to be referred to, structuring of arguments and drafting memorials. In addition, we took several mock trials before the competitions, which gave us a rough idea of what to expect in real time. I would like to mention the noteworthy contribution of Anubhab Sarkar, Founding Partner, Triumvir Law, a friend and senior from law school towards developing and training our teams before such competitions. Preparing for these competitions tend to get very stressful and mentally challenging. However, I must say it is worth every sacrifice you make.

     

    HOW SIGNIFICANT IS MOOTING FOR LAW STUDENTS? WHAT ARE THE EPITHETS OF A SUCCESSFUL MOOTER?

    The legal profession demands excellent interactive skills and one of the activities in law school that develops this skill is mooting. Mooting not only hones one’s advocacy skills, but also facilitates overcoming stage fear, builds self-confidence and develops public speaking and interpersonal skills.

    Mooting builds one’s research and drafting skills as well. Young law students often make the mistake of associating mooting with a career in litigation. Litigator, or not, drafting and research are skills required for every career in law and mooting only enhances your skills as a lawyer.

    Mooting helps you gauge the temperament of the various judges and accordingly frame your style of argument. If one is looking at a career in litigation, mooting gives a first-hand experience of the real world. For transactional lawyers, it helps in negotiation, drafting and research. I would strongly advise law students to take an active interest in mooting.

    I don’t know if I’m qualified enough to answer your question on what it takes to be a successful mooter, but since you’ve asked I’ll make an attempt. I think to be successful in anything; the first requirement is desire and drive. A capable mooter would need to have the fundamentals of law crystal clear and have reasonably good analytical skills. There is no substitute to hard work, long hours of research and repeated mock oral rounds (for counsels). For arguing counsels, I’d urge them to get emotionally connected with the moot problem and present submissions as they would for their clients in a real court of law. As long as one is passionate about mooting and does not give up, success will follow.

     

    PLEASE TELL US ABOUT YOUR INTERNSHIPS. WHAT ARE YOUR SUGGESTIONS FOR LAW STUDENTS TO BAG INTERNSHIPS AT BIG LAW FIRMS AND COMPANIES?

    I have had a varied internship experience ranging from internships with advocates, litigation firms, companies to corporate law firms. My basic objective was to give every field a chance before deciding on my career. While interning, I enjoyed my litigation experiences and the art of practicing in a court of law always intrigued me. However, being a first generation lawyer, not having any connections or references and a considerable financial concern, I soon realised Corporate Law would be a more stable career option. I have had good and bad internship experiences at corporate firms as the work environment and culture at some of these top tier law firms can often get very challenging.

    If we were to talk about internship applications, I have no reservations in admitting that securing an internship in Indian law firms is a difficult task. A lot of emphasis is laid on factors such as ‘institution name’, ‘references and contacts’, etc. My internship applications were mostly rejected or ignored by most of the top tier firms. I used to go and intern wherever I managed to get a reply or a confirmation from, through applications or by connecting with some useful resource.

    However, from the little success that I’ve had in getting through to a few places, I would advise readers to always set objectives on the basis of the firm they have chosen and tailor-make the CV and covering letter accordingly. It is not advisable to send the same generic piece everywhere. A tailor made CV and covering letter shows that you have made the effort and you sincerely want to be considered for an opportunity to work in that firm.

    YOU HAVE BEEN A TOPPER DURING YOUR COLLEGE DAYS. WHAT ARE THE TIPS AND STRATEGIES YOU WOULD LIKE TO SHARE WITH OUR READERS WHO ARE CURRENTLY LAW STUDENTS?

    I wasn’t the epitome of sincerity when it came to academics. In law school we did a lot of group study, which was particularly helpful. I was lucky to have good friends who helped me out with material that was important from an examination point of view.

    My emphasis, as already mentioned was on keeping things simple. I spent my time understanding basic concepts and developing my fundamentals of law. I would urge students to centre their reading on texts and reference materials instead of ‘class notes’. Analysis and originality should be the priority as this discipline encourages independent thought.

     

    HOW DID YOU CHOOSE CORPORATE LAW AS YOUR SPECIALISATION? WHAT COURSES WOULD YOU SUGGEST TO YOUNG LAW STUDENTS LOOKING TO SPECIALISE IN CORPORATE LAW?

    To be brutally honest, Corporate Law was more of a convenience than a choice. Belonging to a family with no legal background or connections in the legal fraternity, Corporate Law provided me the stepping stone to a successful career in law. My seniors and professors from college were instrumental in steering me towards a career in Corporate Law. I received encouragement and direction from a close friend and confidant from law school, Debottam Chattopadhyay, Associate, Phoenix Legal, when it came to career choices.

    Looking at the Indian market, courses on Competition Law, Capital Markets and Finance would give students ground level knowledge of the legal structure. From a global perspective, courses which give an insight on projects, energy and infrastructure related laws would hold students in good stead. I would advise students to make well informed choices based on their area of interest. The first and foremost aspect which a student should take care of is deciding an area of interest. Once that step is complete, it becomes easier to work towards making a career out of that interest area.

     

    WHY DID YOU CHOOSE DFDL?

    The decision to choose DFDL was based on a lot of factors. I was particularly impressed with their scope of work and the projects I would be dealing with upon employment, which I learned of during my interview process. My conversations with the firm’s hierarchy was very influential in the decision-making process.

    The aim was always to be bigger, better and to reach out globally. DFDL offered me exposure and experience where I would get to meet and work with ‘magic circle law firms’ and stalwart corporate lawyers from across various jurisdictions. The opportunity at DFDL seemed adventurous, challenging and had novelty. Hence, here I am at DFDL, glad at having taken the leap.

     

    PLEASE TELL US ABOUT YOUR RECRUITMENT AT DFDL? HOW WAS THE INTERVIEW ? HOW DID YOU PREPARE FOR THE SAME?

    My recruitment at DFDL was routed through the Placement Co-ordination Committee of my law school. I had sent in my resume and received a reply from the firm wherein they set up my interview with the Regional HR Officer. Thereafter, there were five rounds of interview with partners and senior lawyers across the firm’s hierarchy from various offices of the firm via video-conference. Interviews were built around conversations where the candidate’s adaptability to the firm’s culture and work ethos were tested. The scope of work and the projects were explained and general tests on awareness was conducted. There were two technical rounds where there were related questions on work experience and fundamental concepts of law. The areas of law included commercial law subjects such as contract law, property law (including registration and stamp duty), company law and procedural law.

    I prepared for the interview by reviewing and revising my CV in great detail which I recommend all readers do before an interview. The rest of the preparatory process was pretty straightforward. I brushed up on my basic legal principles and concepts of commercial law.

     

     

    WHAT IS YOUR FIELD OF PRACTICE AT DFDL? HOW IS THE WORK CULTURE AT DFDL?

    I work extensively in the field of international investment, banking and finance, energy, mining and infrastructure, real estate and corporate advisory. Work includes client advisory and transactions where I advise clients on international investment strategies from a legal perspective. Transactions include preparation of diligence reports and financing documents etc.

    The work environment at DFDL is excellent. The culture promotes learning and nurturing of skills necessary for a corporate lawyer. DFDL is a member of both the American Chamber of Commerce and the European Chamber of Commerce and promotes interaction and networking at various events, which are a great opportunity, for me to meet and interact with lawyers and other driven professionals from various fields. The balance of work-life is commendable and the hours are not remotely as stressful as Indian firms.

     

    WHAT ARE THE OPPORTUNITIES FOR INDIAN LAWYERS IN SOUTH EAST ASIA?

    South East Asia has a booming market and is developing in leaps and bounds. Most South East Asian countries have offices of international law firms (including magic circle law firms) in operation. I wouldn’t be able to give you statistics but at present there are a sufficient number of Indians working in prestigious law firms across South East Asia. DFDL also has a few Indians working across its offices in South East Asia including an Indian desk at Bangkok. In a nutshell, there are opportunities in top-notch law firms in South East Asia for Indians having the necessary skillset and desire to work across global boundaries.

     

    PLEASE TELL US IN DETAIL ABOUT YOUR ROLES AND RESPONSIBILITIES AT DFDL?

    My roles and responsibilities at DFDL require me to report to and take instructions from the Partners, Managing Director, and the Head of the Practice Groups of DFDL. I am supposed to provide legal advice on behalf of DFDL to clients and undertake activities which include the drafting of contracts, letters of advice, legal opinions, and other legal instruments. Additionally, I need to peer review the work of other advisers and provide constructive feedback as necessary, draft and deliver fee proposals and review and revise invoices. I am also required to contribute actively in DFDL’s business development efforts, including government relations activities with various chambers of commerce, business clubs and participate in knowledge management, professional development and administrative activities as requested.

     

    WHAT SHOULD A CV OF A LAW STUDENT AIMING TO JOIN AN INTERNATIONAL LAW FIRM LOOK LIKE?

    Regardless of where you’re applying, I think a CV should be balanced. What I mean by a balanced CV is one, which has good grades, moot court experiences, publications (one area where I had practically nothing to show) relevant internship experiences (quality over quantity) and a good set of extra-curricular activities. There is no priority of importance and it varies from firm to firm on what their qualifying criterion is. However, I would suggest student give sufficient importance to all areas, which I have mentioned.

    Co-curricular and extra-curricular should not be ignored, as interviewers often tend to prefer candidates with a varied set of talents and experiences. A question in one of the interviews asked me about what I understand about ‘teamwork’. I was happy to elaborate on my experiences in chamber orchestra where the entire harmonic is created by collective wisdom. The interviewer was particularly impressed with my answer. I would advise readers to engage in a variety of experiences and build up a CV accordingly. International firms do tend to look at your grades and having a good grade would separate you from the rest of the candidates. A CV and covering letter should also be tailor made to fit the requirements of the firm you’re applying to and the specific practice area should be clearly outlined. International firms focus a lot on your purpose of work and your professional objective. I believe having a balanced CV helps you reach the stage of interview. Your performance in the interview is the deal breaker.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    I would start off by quoting one of the most inspirational figures in my life, “You cannot lead by following.”- Sir Alex Ferguson.

    Lead from the front and when you’ve reached there, reach out and help the people who need it most. Promote and practice equality. Respect your elders, live with humility, protect the environment and encourage humanity.

    Make your parents proud and take care of them. As long as they’re happy, you don’t need much more from life. Wherever I am today, professionally and otherwise is because of the most loving, caring and supportive parents who gave me a bit more than everything I ever wanted.

    Thank you for having me here for the interview!

  • Sonal Kumar Singh, Managing Partner, AKS Partners, on managing his firm, studying at Kings College London, and importance of higher education

    Sonal Kumar Singh, Managing Partner, AKS Partners, on managing his firm, studying at Kings College London, and importance of higher education

    Sonal Kumar Singh graduated from CCS University, Meerut, the batch of 2006. He then went on to pursue his Masters from Kings College London. He is currently Managing Partner at AKS Partners, where his work includes business development, to reach out to clients, execute the work and also handle the team well.

    In this interview, we speak to him about:

    • Studying at Kings College London
    • Tips on writing SOPs and traits required to  bag a scholarship
    • Importance of higher education
    • Managing his own firm.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    I am a corporate and dispute resolution lawyer and the Managing Partner of AKS Partners (formerly known as M/s A.K Singh & Co.) My practice area involves Domestic and International Arbitration, Banking & Finance, IPR & Company Law. Law has always been my passion and there is nothing I enjoy more than working on a challenging case or issue.

    The best I could describe myself is as a person who believes that the only essence of succeeding in life is to constantly strive to learn more and more. I am an ardent believer in the saying “Life itself is your teacher and you are in a state of constant learning”.

    Apart from this, I would describe myself as a book lover and enthusiastic traveler.

    My pre-college life was more of fun and less of studies. I did my schooling from Gyan Bharati School, Delhi and opted for commerce as my stream in the tenth standard. I wanted to be either in armed forces or to be a Chartered Accountant, maybe because a lot of my friends wanted it for themselves. I ruled out armed forces as I was unable to bring my weight down from 100 Kgs till the end of my school life. Chartered Accountancy ruled me out when I was not able to clear my Intermediate Exams. At that time “Law” chose me, as while pursuing my LL.B. (which I was doing more as a side subject), I got an offer from King`s College London to pursue my LL.M. Lot of my friends who were also aspiring to do their LL.M. from Kings College London were more excited than me for my offer.

     

    HOW WOULD YOU DESCRIBE YOUR JOURNEY AS A LAWYER?

    I would say that my journey as a lawyer started right from the day I started my Masters in Law from Kings College London. I always believed that apart from your course studying, it is very important to interact with the dignitaries of the legal fraternity and gain as much practical knowledge and exposure as one can. While studying, I firstly interned with British Institute of International and Comparative Law based in London where my work profile was of a “Researcher”. During this internship, I extensively researched for a book “Damages in International Investment Law” which was published by BIICL. The author was kind enough to acknowledge my contribution to his work and mention the same in his book.

    After this, I started working with a London based NGO which helped the physically disabled people to get their claims and justice. Fortunately, after my course finished, I had the opportunity to work with and assist Professor Martin Hunter, a renowned dignitary in the field of arbitration. I worked with him as a Research Assistant where I was given extreme exposure to legal knowledge, the working strategies, and atmosphere of a foreign lawyer/firm. After this overwhelming experience of mine, I came back to India where I joined the practice and since then have been constantly working as corporate and dispute resolution lawyer. Meanwhile, I also cleared my exam for qualifying as a Solicitor in England & Wales.

    Over the last 12 years of practice, in the capacity of a partner of AKS Partners (formerly known as M/s A.K Singh & Co.), I have had the opportunity to work with and represent few of the top International and Government companies and clients.

    So I would say my journey as a lawyer till now has been incredibly enriching and delightful but it’s just the beginning.

     

    HOW WAS YOUR EXPERIENCE AT KINGS COLLEGE LONDON?

    Experience at King`s College London was life-changing for me. It changed me as a person. When I decided to pursue my Masters from Kings College London, the idea was to have a good time in London and also study whenever time would permit. But as soon as I landed in London, I felt differently about myself. On the first day of college, I gave my name for the post of Treasurer for the election of LL.M. Student Committee. I was surprised with my self as I had never taken such initiatives in India. It was just a beginning for me, as I started participating in everything that came my way, be it debating competitions, moot courts, mock courts, student elections and so on. Moreover, I really enjoyed the style of teaching and the exams. For the first time I came across the term “open book exam” and I was very excited and confident as well to top the College as we were permitted to take any book in the examination hall. My happiness was short-lived, as the examination paper was designed in such a manner that it was not possible to find questions in the book and write the paper unless your concepts were clear.

     

    WHAT ARE YOUR VIEWS ON THE IMPORTANCE OF HIGHER EDUCATION?

    I have always believed that higher education whether in India or abroad gives you better prospects and opportunities. These days in order to have a specialization of a particular law, most people pursue Masters in Law to enable them to choose a particular field of law and getting specialized knowledge in the same. Obviously, great skills and higher education gives a person an edge over others in the job market. But most of all, I believe that if someone, utilizes their time well during the LL.M. it is an extremely useful exposure that anyone can get. Your way of looking at things change. You are completely by yourself and one learns to live life as it comes. Personally higher education drastically changed my personality, perception, and way of working.

     

    WHAT ARE THE NECESSARY TRAITS ARE REQUIRED TO BAG A SCHOLARSHIP FOR LLM?

    Obtaining a scholarship for LLM especially for universities abroad is not an easy task. Scholarships are either given by the universities directly or through other government or privately funded institutions. The concept of scholarship is taken very seriously abroad as they believe that scholarship shall only be given to those who truly are in need of it or truly deserve it. If one aims to bag a scholarship for LLM, it is recommended that they need to start working beforehand for the same. Earlier you start working better it is. In my experience, the most important aspects or criteria for giving of scholarship is the working or internship background of the candidate, grades of the candidate, writing skills such as publications of articles or papers are given extreme importance.

     

    WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOPS FOR LLM ABROAD?

    While writing an SOP, one needs to be more realistic and clear in their vision. The purpose of SOP is to be explained in brief to the universities as to what is your background, your achievements and your aim in future.

    One should keep in mind while writing an SOP that you should be well able to communicate your thoughts and vision across and also be clear as to what is the purpose for which they want to pursue Masters and career in Law.

     

    AS PARTNER WITH M/S A.K. SINGH & CO. (WHICH IS NOW AKS PARTNERS), WHAT ARE YOUR ROLES AND RESPONSIBILITIES AND WHY DID YOU CHANGE THE BRAND NAME OF THE FIRM?

    I was promoted as a partner of M/s A.K. Singh & Co. in 2010. In the beginning, my core responsibility was to head the Arbitration and Dispute Resolution team with around ten advocates. Being a partner in charge, it was entirely my duty to do business development, to reach out to clients, execute the work and also handle the team well.

    Since then I have grown a lot professionally, as when my father Mr. Ashok Kumar Singh who was the founder of the firm M/s A.K. Singh & Co was designated as a Senior Advocate in 2015, he gave up the ownership of the firm and the working and running of the firm came majorly upon my shoulders. However there were other partners at that time, but we had to step up and jointly take the responsibility of the firm. Now in three years, with the right direction and immense support of my seniors and colleagues, we have changed the corporate name and branding of M/s A.K. Singh & Co. to AKS PARTNERS. There is a specific reason to re-brand which was to actually keep up with the market trends and to align our brand or name with the vision of the firm. Also, with the firm’s growing international practice, it was felt necessary to re-brand and rename the firm.

     

    CAN YOU RECALL THE FIRST TIME YOU APPEARED IN A SIGNIFICANT MATTER IN COURT?

    Yes, I do remember it. It`s still very fresh in my mind. Way back in 2009, I was supposed to appear in a matter with my senior. We were representing a PSU and the legal issue which was involved in the matter was ‘whether the parties are bound by the procedure laid down in the arbitration agreement, even when by subsequent exchange of letters, parties have agreed for a different procedure”. The matter was fixed at 2.15 pm before the Delhi High Court. During the lunch hours, I got a call from my Senior that he will be late and may not reach in time and as the matter is already fixed for 2.15, I should start telling the facts of the matter till the time he reaches the court. I could feel that all the blood drained down my face and my heart started falling in my stomach as I was completely not ready for it. To add to the pain, I saw Mr. Krishnan Venugopal, Sr Advocate, sitting on the other side. Though it was clear that he would be representing the Respondent, somewhere deep inside I was hoping that he is sitting to mention some other matter. I was wrong, he was opposing us in the matter. However, once I started arguing that matter, my arguments went on for almost 45 minutes. I felt relieved once I finished my arguments and turned around to see my senior sitting behind me. He didn’t say anything to me. The other side`s arguments also went on for almost 30 minutes and the order was reserved. My senior went out of the room without saying a word and I was a little confused about his poker face reaction. After fifteen minutes I saw my phone and there was a message from him-“well done”.

     

    HOW DO YOU SEE THE FUTURE OF YOUNG LAW PROFESSIONALS?

    In the last twelve years of my career, I have had the opportunity to work with young law professionals. Out of that experience and as a general observation I truly believe that the young law professionals are extremely hard working, through professionals and have the zeal to succeed. The qualities are the ingredients of achieving success. So I have no two doubts that the young professionals with their qualities coupled with the opportunities will be extremely successful in future which can be seen from the fact that you would find young professionals in every part of the world in different roles.

     

    WHAT ARE THE SKILLS ONE NEEDS TO DEVELOP TO SUCCEED IN THE LEGAL PROFESSION?

    There is no set formula or skills one needs to develop to succeed in the legal profession. To succeed in anything in life including legal profession one needs to enjoy what they are doing and be patient. As far as the skills in the legal profession are concerned, it is important to have good communicational and analytical skills. An eye of a perfectionist is what makes you stand out from the crowd. You need to know the art of meeting people and communicating with them. Apart from this, time management and the zeal to learn are the most important things.

     

     

     

  • Sukanya Natrajan, Associate, Shardul Amarchand Mangaldas & Co, on studying at Oxford, her internship experiences, and importance of higher education

    Sukanya Natrajan, Associate, Shardul Amarchand Mangaldas & Co, on studying at Oxford, her internship experiences, and importance of higher education

    Sukanya graduated from ILS Law College in 2016. She then went on to pursue her MSc in Law and Finance from Oxford. She is currently working as an Associate at Shardul Amarchand Mangaldas & Co.

    In this interview we speak to her about:

    • Importance of higher education
    • Her Master’s degree from Oxford
    • Her internship experiences

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    A book lover who loves chocolate and potato? Well, law is what I do but there’s more to me than just that. While I like to think that I’m a serious professional who’s a perfectionist to the point of extreme annoyance, there’s another part of me that still dances to DDLJ songs and recites the dialogues to Kuch Kuch Hota Hai. Besides Bollywood and books, you’ll mostly find me with some wine and Sinatra on quiet evenings discussing conspiracy theories. Oh, and breakfast food for dinner is always good to go.

     

    WHAT MOTIVATED YOU TO OPT FOR A CAREER IN LAW?

    As a kid I was a voracious reader so naturally authors like Sidney Sheldon and John Grisham glamorised the field for me. I was into debating from a very young age and so it made sense that the most talkative (read: argumentative) person in class takes up law. Even though legal dramas like Suits and Boston Legal make it seem like it’s that simple, being a corporate lawyer in India is whole new ball-game altogether and I guess it was mostly books and engaging conversations with everyone I ever met that made me choose this field.

     

    WHAT KIND OF INTERNSHIPS DID YOU UNDERTAKE DURING YOUR STUDENT YEARS? ANY ADVICE YOU WOULD LIKE TO SHARE WITH PEOPLE WHO WANT TO INTERN AT TOP-NOTCH FIRMS?

    I have interned at a total of twelve places. My basic objective was to give every field a chance before I spend 40 years of my life doing the same thing. I won’t deny that an internship typically gives you minimal exposure in the first three years and you’re only seriously considered in your penultimate year onwards, but I wanted to experience everything – from NGOs to litigation to corporate firms. I started to develop a liking towards corporate law in my third year of college and hence, started interning more with corporate teams in order to solidify my decision to become a corporate lawyer.

    Well, I would firstly say an experience at any place will teach you something, so don’t be disheartened if you don’t get to intern at top notch firms. One piece of advice – always mould your objectives from firm to firm. I always tailor my CV according to the places I am applying at and I tailor my cover letter as well, instead of sending the same generic piece everywhere. This shows that you have put in efforts to be where you want to be and that you genuinely want to be considered for an opportunity to work with the firm. Lastly, now that I have handled a few interns myself, I’d like to tell them that nobody expects flawless work. Do your best, stick to timelines and be dedicated at what you’re doing.

     

    WOULD YOU SAY HIGHER STUDIES ARE RELEVANT FOR A CAREER IN CORPORATE LAW?

    Speaking from personal experience, I think higher studies are important if you really want to enjoy what you do. However, I don’t think the timing matters much. I don’t believe there are immediate gains from an LLM degree. For me, the point of higher studies is to broaden my knowledge base of the field and not to score a better-paying job. It does add to your qualifications and employability but it’s not an absolute necessity. So I’d strongly suggest that one should do it because they want to know more from some of the brightest minds in the field and the improved career prospects come in simultaneously.

    With respect to corporate law, higher studies are bound to help you gain that exposure and edge over others. Unlike litigation, corporate law is about strategizing the right way and higher studies in your area of interest will help set you apart from the crowd. It’s all about your knowledge – the more you know, the better it is.

     

    WHICH UNIVERSITIES DID YOU APPLY FOR LLM? HOW DID YOU GO ABOUT CHOOSING WHICH COLLEGE TO GO TO FOR YOUR LLM?

    I only applied to two institutions – University of Oxford and University of Cambridge. Truthfully speaking, I prioritized the course over the college and so I was only looking to get through either of them – the LLM in corporate laws at Cambridge or the Masters in Law and Finance at Oxford – because their course curriculums had the very same modules that I wanted to study. In fact, MLF is a dear, dear course as it has the perfect interplay of law, economics and finance and thankfully, I got just that.

     

    WHAT DOES THE CV OF A STUDENT SEEKING ADMISSION TO A PREMIER UNIVERSITY OFFERING AN LLM PROGRAM HAVE TO LOOK LIKE? WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOP FOR LLM ABROAD?  WOULD YOU BE WILLING TO SHARE YOUR SOP FOR REFERENCE OF LAW STUDENTS?

    Well, as sad as it is, grades do matter a lot. I personally don’t think grades should matter as it can never define what a person is, but the world needs standardised scores for them to compare and apparently this seems to be the easiest parameter. So, focus on getting decent grades (sorry guys!). Secondly, interest in the topic and I cannot emphasise this enough. You really need to be passionate about further studies and the subject matter that you have chosen and the way to showcase that is if you have any publications. There has to be yearning to know more and you need to express that interest sufficiently.

    In an SOP, try to stick to crisp and to-the-point sentences that highlight your best qualities. Do not exaggerate. Moreover, there should be a clear flow of thought that is communicated in a simple yet sophisticated manner so it sounds convincing. This is the only two minutes the other person has to review your SOP, so make sure you make for an interesting read.

    I don’t think I have my SOP anymore, but I’d love to help anyone who would like to seek my inputs. People can always reach out to me on LinkedIn, Facebook or Gmail.

     

    HOW WAS YOUR EXPERIENCE AT OXFORD UNIVERSITY? WHAT DIFFERENCE DO YOU SEE IN THE LEGAL EDUCATION SYSTEM IN INDIA AND ABROAD?

    My year at Oxford was incredibly colourful. I met so many people from different parts of the world and different walks of life, all with a unique story to share. I made tons of good friends along the way and all in all it was a very wholesome environment to learn in. Studying abroad really opens up your eyes and expands your horizons – not only in terms of education but also your perspective towards various other things.

    Fact is in India, law school education is primarily focused on theory and internships are the only way to gain any sort of knowledge about the practicalities of the field (that is, if they give you real work). However, one thing I noticed abroad was how the curriculum itself was more leaning towards pragmatism than theory. It wasn’t just a bunch of random assignments but the whole duration of the course where we were made to draft proposals and subject to expert scrutiny. In a nutshell, legal education or even academics as a whole abroad is no less difficult than India, but the process is taxing in a way which ultimately shapes your thoughts, approaches and perspectives instead of your ability to simply retain information for a two hour examination.

     

    AT WHAT STAGE IN ONE’S LAW SCHOOL LIFE MUST ONE PICK A SPECIALIZATION? WHAT LED YOU TO CHOOSE SPECIALIZATION IN LAW & FINANCE?

    There is no specific time or age. I know people who knew what they wanted to achieve out of law in their very first year. But you also meet people who you learn and discover these things with alongside in your journey. I feel that one can decide at any level if they’re passionate enough and know enough about the subject matter to justify the choice. I was reading a lot on behavioural economics in my fourth and fifth year of law school and that was what led me to finding the perfect course for me.

    Along with law, I’ve always taken a keen interest in Economics. Seems like a bit of an overstatement but when I discovered the MLF course, I just knew this is what I’d been looking for. To be able to integrate both areas of interest and apply that in my career – MLF was my only way – and it didn’t take me more than 48 hours to convince my parents of the same.

     

    YOU HAVE DONE ADDITIONAL COURSES AND DIPLOMAS DURING YOUR TIME AT LAW SCHOOL. HOW FAR HAS THE COURSE HELPED YOU IN YOUR CAREER? WOULD YOU RECOMMEND THE CURRENT LAW STUDENTS TO TAKE UP SOME ADDITIONAL COURSES DURING THEIR TIME AT COLLEGE?

    Well, my college was only for four-five hours a day. I had to find some way to kill time so I took up a lot of additional courses to read and learn more about law. I have one diploma each in IPR, competition law and corporate laws in addition to the executive level of CS. I even took up Masters in Business Laws from NLSIU, just to keep myself busy.

    Apart from keeping me productively occupied, taking up extra courses enabled me to understand the subtle nuances of law in various fields, thereby helping me to explore my options. It’s not just about adding an extra line in your cv, but about how your field is applicable in real life.

    I would say take up the courses if you have time to spare and are willing to learn. Don’t do it because you think it’ll impress your interviewer, but because you want to know more and more.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO YOUNG LAWYERS AND LAW STUDENTS?

    Don’t fret about not getting big names on your CV. Try for it. If it doesn’t happen, it’s okay. Don’t give up and don’t lose heart. Take any opportunity that you can lay your hands on – learn more, experience more, know more. Those 5 years, I had a lot of time and I regret not spending it more efficiently. Studying in a law school is no different from any other college experience – it is the time for all your firsts. So be active in college, be it debating, moots or sports and at the same time, take time out to chill and make memories with your friends.

     

  • Subham Chatterjee, Senior Associate, Sterling Associates, shares his insight on Litigation, Corporate Law and work experience

    Subham Chatterjee, Senior Associate, Sterling Associates, shares his insight on Litigation, Corporate Law and work experience

    Subham Chatterjee graduated from ILS Law College, Pune in the year 2013. After this, he joined Dave & Girish & Co., Mumbai. He then went on to pursue his Master’s degree from University of Mumbai in 2014, with a focus on Environmental Law.  He is currently working as Senior Associate at Sterling Associate.  His areas of practice include General Corporate, Capital Markets and Start-up Practice.

    In this interview he talks to us about-

    • His legal education at ILS Law College, Pune
    • Transitioning from litigation to corporate law
    • His experience at ‘Sterling Associate’

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I would like to introduce myself as a ‘corporate lawyer’ to the readers. My name is Subham Chatterjee and I am currently working in a Mumbai based law firm – ‘STERLING ASSOCIATES’. I have been with the firm for three years now. My core practice areas include private equity, capital markets, general corporate and advisory. Apart from my core practice areas, I also do a bit of litigation work but it is only limited to drafting of pleading papers, briefing counsels and providing legal advice to my clients.

    I graduated from ILS Law College, Pune (the five year course) in June, 2013. Thereafter, I also completed by LLM (masters in law) from the Department of Law, Mumbai University, in the year 2016.

    Just to tell you my background, my native place is Burnpur, a small town in Burdwan district of West Bengal. I attended St. Patrick’s H.S. School, Asansol, which is a very old and reputed school, and which is run by the Christian brothers, who are known for their discipline and punishments.

    Thereafter, I completed my twelveth from Brihan Maharashtra College of Commerce, Pune which is also an extremely well known and reputed college, attracting talent from all over India.

    My hobbies are travelling to new places, reading books and newspapers, listening to music, exercising, and trying new and different cuisines (I am a real food-lover).

     

    HOW DID YOU DECIDE TO PURSUE LAW AS A CAREER OPTION?

    It’s actually a matter of coincidence that I became a lawyer because as school boy in Burnpur, I had never imagined that I would become one. During my school days, just like many of my classmates, I wanted to become an engineer too. However, by the time I was in ninth and tenth standard and was preparing for my board exams, I realised that I am extremely weak in science. So I stopped thinking about having any career in engineering and started considering other career options. My father, who at that time was posted in Thane district of Maharashtra, suggested that I should pursue my further studies in Pune, which offers plenty of career opportunities in different streams. Therefore, after my tenth standard exams, I shifted to Pune in order to pursue a career in commerce. I was fortunate enough to secure admission in Brihan Maharashtra College of Commerce (BMCC) for my twelfth.

    While in BMCC, in the initial months, the profession of chartered accountancy sounded quite appealing. Many of my friends were planning to pursue chartered accountancy and had started preparing for it (i.e. the CPT – Common Proficiency Test) by the end of eleventh standard. However, I was not kind of liking the subject ‘book-keeping and accountancy’. In fact to be honest, tallying the profit and loss account and the asset and liability side of the balance sheet was a nightmare for me.

    I remember that during my days in BMCC, teachers used to encourage us to read the newspapers especially the business section, as we were commerce students. I followed their advice and somehow I developed an interest in the news relating to mergers and acquisition, joint ventures, business deals etc. which are generally the things which corporate lawyers deal with. Also, one of my roommates in my eleventh standard was a law student and he often used to speak to me about his law subjects like contracts, law of torts etc. Lastly, in BMCC, I participated in a few debate competitions and some essay writing competitions. I also got few of my articles published in ‘Think Track’ – the annual student magazine of BMCC. My teachers and some my seniors in BMCC had appreciated my articles and had told me that I have good communication skills, which are necessary for lawyers. So these were few of the important factors which led to my decision of pursuing law as a career option.

     

    PLEASE TELL US SOMETHING ABOUT YOUR COLLEGE LIFE? HOW IMPORTANT WAS YOUR COLLEGE IN SHAPING YOUR CAREER?

    I feel privileged to have had the opportunity of studying in ILS Law College, Pune. It is one of best law colleges in the country and provides a lot of opportunities and exposure to its students. The best thing about ILS was that the day I started my college, I had a very strange feeling. It was a feeling which I had never experienced before. This feeling was actually a realisation, that law is the field where I belong.

    The five years of college life in ILS were the best years of my life. I am also extremely fortunate to have had very good teachers in ILS. They not only taught us the subjects but also used to share with us their practical experiences and the challenges in practice. Their counsel and guidance continue to help me even today. They also used to encourage us to take part in co-curricular and extra-curricular activities.

    And of course, I made great friends in ILS and I am still in touch with most of them. We’ve had lots of fun and great moments of joy when we were in college. I do miss those times a lot today. Most of my friends are doing really well in their career and it does give me a sense of pride.

    In my college days, I took part in various activities like debates, essay writing competitions, model united nation (MUN), quiz competitions, moot court competitions, writing articles and research papers etc. Though I was not very good at them, nevertheless I thoroughly enjoyed these activities and also they were good learning experiences for me. These activities taught me life skills which are – to work hard, avoid short-cuts, not to give up easy, believing in myself, figuring out my strengths and weaknesses, and learning from mistakes and failure.

    I was also a part of the ‘Corporate Law Cell’ and the ‘HARIYALI – Environment Awareness Cell’ of ILS. I used to attend the seminars and conferences which used to be organized by them, which also were a great learning experience for me. These seminars which I attended, coupled with my internships and diplomas, helped in developing my interest towards corporate and financial laws.

    Also, a couple of my research papers which got published in law journals helped me get some internships. In my final year in ILS, I got placed on campus with Dave & Girish & Co., a law firm in Mumbai.

    In these ways, ILS was instrumental in shaping my career.

     

    YOU HAVE DONE ADDITIONAL COURSES AND DIPLOMAS DURING YOUR TIME AT LAW SCHOOL? HOW FAR HAS THE COURSE HELPED YOU IN YOUR CAREER? WOULD YOU RECOMMEND THE CURRENT LAW STUDENTS TO TAKE UP SOME ADDITIONAL COURSES DURING THEIR TIME AT COLLEGE?

    I have done a diploma in cyber law, diploma in corporate and financial laws, and a diploma in mergers and acquisitions. I also completed a certificate course in ‘Competition Law and IPR’ from FICCI in my final year in ILS. As our college lectures used to be for only around three hours in the morning, I used to be free for the rest of day. These diplomas were a way to utilise my time in a better and more effective manner, and was also a way to understand where my interest lies amongst the various specialisations of law.

    The diploma in corporate and financial laws from Symbiosis Law College was quite difficult but was quite helpful. The syllabus was quite extensive but my teachers were really good and they helped me understand even the complicated subjects in a very simple way. I must mention the names of Mr. Nikhil Fulambarkar, who taught us securities laws and competition law, and Mr. Ganesh Hingmire, who taught us international economic laws. They were very helpful and had guided me really well throughout the diploma. In fact I used to get in touch with them even after I cleared this diploma for counsel and help in relation to various queries which I encountered during my law course.

    These diplomas/certificate courses helped me realize/develop my interest towards corporate and financial laws.

    As I have gained from the diplomas/certificate courses, I would suggest that in case any of the law students are keen on figuring out which area of specialization he/she wishes to pursue or wishes to gain additional knowledge apart from the subjects being taught in college, then they may consider pursuing some of the diplomas/certificate courses which are offered by various institutions.

     

    HOW DID YOU GO ABOUT PLANNING YOUR INTERNSHIPS AT LAW SCHOOL?

    In the initial years, I did not plan my internships at all. I just saw that all my friends and my seniors preparing their CVs and shortlisting the names of law firms where they were planning to apply for internships. Therefore, I just followed their footsteps and happened to apply in a few law firms in Pune, and fortunately landed a four week long internship in a law firm which was completely into litigation in the district and sessions court, consumer forum, debt recovery tribunal etc. I subsequently went on to intern with the same firm’s Bombay and Delhi office in the forthcoming years in ILS. These initial internships were also helpful in developing my interest in corporate law.

    In my third, fourth and final year in ILS, before applying for my internships, I used to shortlist those firms where I, as an intern, could get opportunity to learn new and practical aspects of law, and how a lawyer deals with challenges which he/she encounters in practice. While applying, I also used to check if the law firm has a good corporate law practice so that I would get to learn more about the area of law where my interest lied. Also, while applying for internships, I paid a lot of attention on drafting and presentation of the internship application/ cover letter and my CV and before sending them out, I used to proof read them multiple times, in order to avoid any mistakes, as I felt that any silly mistake in the draft of the application/cover letter and the CV, may jeopardize my chances of securing my internship in that law firm.

     

    YOU DID LITIGATION IN YOUR INITIAL YEARS AND LATER SWITCHED TO CORPORATE FIRM? WHAT LED YOU TO CHANGE FROM LITIGATION TO CORPORATE?

    Litigation happened to me by chance. I did litigation in my first job i.e. at Dave & Girish & Co., Mumbai. In fact when I was interviewed by the managing partner of Dave & Girish & Co., Ms. Mona Bhide, she had asked me that given an opportunity which department would I prefer to join – litigation or corporate. And without thinking twice I had responded ‘corporate’. However, when I joined there, I was given litigation matters to handle. Nevertheless I thoroughly enjoyed doing litigation assignments during the first couple of years of my career. Litigation was a great learning experience for me especially preparing for hearings, briefing senior counsels and counsels, and occasionally having the fortune to appear and argue the matter myself. It helped improve my drafting and communication skills. Having the opportunity to work on different areas and on matters filed before different forums such as High Court, City Civil Court, DRT, ITAT, Sales Tax Tribunal, Company Law Board etc. was a good exposure, and that experience and knowledge which I have gained working in litigation is invaluable, and that continues to help me even today while drafting contracts or advising clients.

    Now along with litigation, I was also getting some corporate assignments viz. drafting of agreements, legal opinions etc. I gradually realized that though litigation was turning out to be a great learning experience, still my core area of interest continued to be corporate and financial laws, and I still wanted to pursue my career as a corporate lawyer. This is because I still believed that I would be more comfortable and would be in a better position to contribute to my firm and my career by working as a corporate lawyer. I also spoke to some of my friends and seniors in the profession and discussed with them about what I was considering, and took their opinion on the same. Therefore, leaving litigation and pursuing my goal as a corporate lawyer was not a very comfortable decision but it surely was well thought out.

    But I can say from my experience that having a litigation experience of a couple of years, and the skills which I developed while working in litigation, has continued to be helpful to me in my current assignments as a corporate lawyer as well.

     

    WHAT ARE YOUR ROLES AND RESPONSIBILITIES AS SENIOR ASSOCIATE AT STERLING ASSOCIATES?

    Sterling Associates is out and out a corporate law firm. In Sterling, my practice ranges from capital markets, private equity and joint venture transactions, M&A, fund formation, general corporate advisory, drafting, reviewing and negotiating commercial agreements etc. I am also responsible for rendering legal advice and support to ‘start-ups’. Start-ups form a significant part of Sterling’s clientele. Advising start-ups is interesting but at the same time it is challenging and sensitive. A lawyer advising start-ups for some commercial agreements with third parties or tie-ups or for fund raising etc. must understand the nature of the business, the vision of the entrepreneur, its strengths which should be secured and not compromised in these transactions, the opportunities which the start-up may have in future and challenges/risks which may arise, and therefore a lawyer has to address all these concerns while advising a start-up. Accordingly, the documents/ agreements to be drafted in transactions involving start-ups have to be customized to secure its interests.

    I work with a team of extremely talented and hardworking professionals in Sterling, led by Mr. Ramakant Kini, Managing Partner, Sterling Associates. I am fortunate to have reputed and extremely promising companies, funds and entrepreneurs as my clients, whose assignments I handle on behalf of Sterling. In Sterling, I have learnt to have a solution oriented approach to the assignments for which I am responsible. As a senior associate, my endeavour is to deliver quality results for my clients in a punctual manner by giving due priority to my professional assignments, and at the same time help my colleagues develop and improvise upon their skills and realize their potential. 

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO YOUNG LAWYERS AND LAW STUDENTS?

    My word of advice to young lawyers and law students would be to work hard, believe in yourself, do not find short-cuts, be humble, never stop learning, surround yourself with good and positive people, AND, no matter what the odds are, never stop trying; because I had read somewhere – ‘TOUGH TIMES NEVER LAST, BUT TOUGH PEOPLE DO’.

     

  • Mohammad Manauar, Senior Manager-Legal, SMS Group, shares his roles and responsibilities as In-house Counsel

    Mohammad Manauar, Senior Manager-Legal, SMS Group, shares his roles and responsibilities as In-house Counsel

    Mohammad Manauar graduated from Aligarh Muslim University, Aligarh, in 2008. He currently works with SMS Group and handles corporate legal team of India. He has eight years of work experience and has worked as a practising lawyer as well as an in-house counsel with organisations like Thomas Reuters, Infosys BPO Ltd and Sirion Labs Private Limited.

    In this interview, he talks to us about:

    • His role and responsibilities as Senior Manager – Legal in SMS Group
    • The reason behind giving up litigation practice and accepting an in-house legal counsel role.
    • His college life at Aligarh Muslim University

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    My name is Mohammad Manauar, a small town boy with big dreams from Darbhanga, Bihar. The linguistic heritage and nuances of indigenous art and craft nurtured in me curiosity from the very inception and the zeal to pursue knowledge led me to my unending journey of deciphering new avenues of legal development.

     

    HOW WAS YOUR EXPERIENCE AT LAW SCHOOL? ARE THERE ANY MEMORABLE MOMENTS THAT YOU WOULD LIKE TO SHARE?

    Like I said I belong to a small town in Bihar, and hailing from a small town has its own advantages and disadvantages. The biggest advantage is zero expectations from your family and faculty, while the greatest disadvantage is about this great expectation of proving your caliber beyond reasonable doubt. My initial year at law school was all about making a mark among the big shots and stealing spotlight by my hard labor, wit and humor.

    Days in Aligarh University were golden days. It’s a central university with around 30,000 enrolled students and more than 16,000 used to reside in hostels, wherein students from different streams and courses lived together, so that gave me a very diverse perspective of things. The more you interact with people from different fields and areas, the more your mind opens to diverse views.

    I was very much active in student politics after my third year and was Senior Proctorial Monitor (SPM) at AMU in 2008-09. This is the highest administrative student post, which means the head of 30,000 students. Apart from this I was also Senior Hall of Dr. B. R. Ambedkar Hall, which is exclusive boy’s hostel for the law students.

     

    WHAT MOTIVATED YOU TO GO FOR A MASTER’S PROGRAMME? WHAT FACTORS INFLUENCED YOUR DECISION TO SPECIALISE IN CRIMINAL LAW?

    The inner zeal to pursue and acquire knowledge motivated rather compelled me to pursue master’s programme. There were multiple factors that influenced my decision to specialise in criminal law, but to name a few were continuous reading of crime fictions during college days and young man’s desire to change the state of country’s not so good criminal justice system.

     

    YOU COMPLETED YOUR LLM FROM ALIGARH MUSLIM UNIVERSITY. WHAT WAS THE CURRICULUM LIKE AT ALIGARH MUSLIM UNIVERSITY? WHAT FACTORS LED YOU TO CHOOSE LLM FROM INDIA RATHER THAN LLM ABROAD?

    The Faculty of Law, Aligarh Muslim University holds the honour of being the flag bearer of five years integrated graduation course in law. Further, it is also one of the top five premier research institutes in legal education. In 1960, the Department of Law became a full-fledged faculty.

    The Department of Law of Aligarh Muslim University is one of the oldest departments in India. The teaching of law in AMU was introduced in the year 1883. Sir Syed Ahmad Khan, the founder was greatly impressed by the programme of legal education in British Universities. So he was very keen to have legal education on that pattern in AMU also.

    There are several legal luminaries passed from AMU like, Prof. N.R. Madhava Menon considered by many as the father of modern legal education in India passed the master’s degree in law (LLM) from AMU and had the distinction of being first PhD holder of Faculty of Law, Aligarh Muslim University. He is the founder Director of the National Law School of India University (NLSIU) and the National Judicial Academy, Bhopal and the founder Vice Chancellor of the West Bengal National University of Juridical Sciences (NUJS).

    Even Prof. Tahir Mahmood an Indian legal scholar and author of a large number of books frequently cited in the judgments of the Supreme Court of India and High Courts. He also did is LLM from Aligarh Muslim University.

    The curriculum in LLM is detailed; research oriented and depends upon specialisation. Master’s degree provides you the depth of understanding of the subject. The specialisations are in Business laws, Constitutional Law, Environmental Law, Criminal Law, IPR, Muslim Law etc.

    I got chance to learn Constitutional law from Prof. (Dr) Faizan Mustafa, who is the presently Vice-Chancellor of NALSAR University, Hyderabad and criminal law from Dr. Shakeel Ahmad who was almost like my guardian angel. In fact the entire faculty was very supportive and appreciative.

    As I have already shared, being a student leader I was juggling between books and problem of the students. This helped me a lot in understanding and making very good rapport with people to interact or have a business. And till today it is helping me in my corporate job where I meet so many people every day.

    The course fee and indigenous restrictions as to practice and academic pursuits led me to pursue LLM from India rather than abroad.

     

    YOU DID LITIGATION FOR INITIAL YEARS AND LATER SWITCHED TO IN-HOUSE COUNSEL ROLES? WHAT LED YOU TO CHANGE FROM LITIGATION TO IN-HOUSE COUNSEL? WHAT IS THE ROLE OF AN IN-HOUSE COUNSEL GENERALLY?

    The struggle of making a mark being a first generation lawyer and acute family pressure to earn money and share responsibilities made me switch from litigation to in-house counsel roles.

    With the laws and regulatory compliances becoming more complex, companies face various risks and challenges. The in-house legal is required to understand the risks and issues involved in a decision from a legal stand point and further communicate it to the management. This will enable the management to make informed choices and decisions within the acceptable risk profile.

    There are inherent cost savings, since one is not paying external counsel at an hourly rate. In-house counsel works exclusively for the business employing them, rather than for a third party with a number of different clients. In-house counsel have the added advantage of being familiar with the business employing them, they already know the company’s working environment, its principles and its general ethos. As employees of the business, they will also have the best interests of that company at heart, which may not be the case for external counsel.

     

    DO YOU TAKE INTERNS IN LEGAL DEPARTMENT AT SMS GROUP? WHAT IS THE PROCEDURE OF APPLICATION FOR INTERNSHIP?

    As of now, the in house legal team sits in Germany. We are on the verge of expansion in India. I am the first one hired for India corporate legal team. As the team will expand in couple of months, we will start hiring law interns.

     

    AS SENIOR MANAGER-LEGAL WITH SMS GROUP, GURGAON, WHAT ARE YOUR ROLES AND RESPONSIBILITIES?

     As Senior Manager – Legal with SMS Group, Gurgaon, I am handling overall legal affairs of the SMS India Pvt. Ltd.

    • Contract Management- Independently handling the complete closure of the contract post receipt of the requirement by the concerned dept. through vetting, drafting and negotiation (both international & domestic contracts).
    • Negotiation in direct covering both commercial and legal aspects of EPC Contracts, tenders, bidding, sub-contractor agreements, commercial and procurement contract, government projects, POs.
    • Tender preparation and negotiation reviews and comments on commercial and technical tender terms and requirements, and the overall execution strategy taking into account risk, scope, and schedule as per internal company standards. Highlighting changes and deviations.
    • Assist project team in resolving contractor disputes, claims, and performance issues.
    • Ensure adherence to the contracting plan, document and obtain prior approval of exceptions.
    • Handling lawsuits of the company
    • Advising to group HR head on legal issues concerning employees (Present and Past) and any other HR/labour law issues as per requirement.
    • Other legal issues as and when required

     

    WHAT WOULD BE YOUR MESSAGE FOR YOUNG LAWYERS AND LAW STUDENTS?

    Never underestimate the power of diligent effort and hard labor. Never bow down to challenges as facing it will bring the best out of you. Never settle with time and keep on climbing the ladders of knowledge and expertise because we lawyers are like old foxes as we reap gold with grey hairs.

     

     

  • Devottam Sengupta, Senior Legal Counsel, Structured Trade Finance (Global), Louis Dreyfus Company (LDC), Singapore

    Devottam Sengupta, Senior Legal Counsel, Structured Trade Finance (Global), Louis Dreyfus Company (LDC), Singapore

    Devottam Sengupta graduated from NLSIU, Bangalore in 2005. He started his career at Trilegal where his work involved practice in Corporate Finance, Banking, Private Equity, etc. After working at Trilegal for almost two years he went for The European Master Programme in Law and Economics (EMLE) on the Erasmus Mundus scholarship. His EMLE degree was conferred jointly by the University of Hamburg and the University of Manchester.

    After returning from the EMLE programme he joined Amarchand Mangaldas, Delhi in 2008 and then later in 2011 he moved in-house to Cargill where he tasted Structured Trade Finance. He is now responsible as the Senior Legal Counsel at Louis Dreyfus Company (LDC), Singapore where he continues to work in Structured Trade Finance since the last three years.

    In this Interview Devottam shares his insights with Rounak Biswas of SLS, Pune on the topics raised by Reshma Ravipati of NLU, Jodhpur.

     

    How would you like to introduce yourself to our readers?

    I am the Global Lead Lawyer for Structured and Trade Finance at the Louis Dreyfus Company Group (LDC), based in Singapore. LDC is one of the four biggest agricultural product traders in the world, and is headquartered in Geneva. Working with the STF business, I get to work on banking and trade transactions across the globe – at the moment, I’m advising on matters in places as disparate as Uruguay, Kenya, Qatar and Vietnam!

    However as anyone who has worked in-house would tell you, – you are almost never doing only what your role was meant to be! You have to wear many hats, juggle many roles and be able to pitch in wherever needed to be a successful in-house lawyer. As such, I am also the financing counsel for the LDC Group for Asia-Pacific and a part of the global M&A team.

    But my work is only a part of my life. I’m an avid traveller, a fanatical foodie, a published translator, budding Instagrammer and a regular pub quizzer. My varied interests help contribute to my ability to view issues through multiple lenses, which in turn helps me in bringing new and fresh energy and insights to my work.

     

    Why did you choose to pursue a degree in law, amidst the many options that you had after school?

    Sadly I don’t have a great answer for this question. I got into law more by chance than a focus on the profession. My legal path was built by the simple fact that I cleared the NLSIU entrance, while I had assumed I would end up doing something in business administration. However, my first year at NLS really changed my perception of law – I stopped looking at it as a job but more as a vocation.

    I do not think that one becomes a lawyer by the simple fact of graduating from law school. The key advantage of the study of law is that you come away with ingrained core skills which give you a foundation to pursue any profession you choose to pursue thereafter. My wife is a lawyer by training but works with the United Nations on social policy by profession; I have close friends who are running successful businesses; there are those who have succeeded in investment banking or consulting. Your options following law school are only limited by your imagination. And this I learnt in my first year of law school, which made me want to stay on and see it through. The rest, as they say, is history.

     

    Give us a brief overview of your personal experience at NLSIU. Is the NLU culture truly more conducive to legal education, as compared to other universities that provide legal education?

    As with all meaningful experiences, my time at NLSIU was full of ups and downs, just as one’s student life should be. Alongside my law studies, I was deeply involved in co-curricular and extra-curricular activities. During my time at NLSIU (2000-2005), I participated in pretty much every extra-curricular activity, organised some significant academic conferences, was on the student committees, helped my classmates get jobs, and represented NLSIU at various competitions. All of these were as essential a part of my education as my classroom studies, but I wouldn’t have minded a higher CGPA! I can however definitely say that pursuing these multiple co-curricular paths helped me become a more well-rounded individual and have helped me build my career post NLS.

    I think the question on NLU culture is a little misleading in today’s world. I think very little distinguishes NLUs (as originally envisaged) from private law schools and the traditional law schools. The question therefore isn’t so much on NLU culture as it is about culture of the best law schools. The best law schools in India, whether you’re talking NLSIU, GLC Mumbai or ILS, all have a culture of learning and imparting professional skills. Besides, what is an NLU today? Amity Law School, Army Institute of Law, ILS and JGLS have the same format, without being “NLUs”, so what is the dividing line?

    By professional skills, I don’t solely mean the skills required for litigation or corporate law job, but the most basic ones required for all lawyers – research, analysis, problem solving and drafting. No matter which stream you finally end up in – academia, in-house lawyering, completely non-legal jobs, or politics – these basic skills help you succeed. Therefore, it’s more a question of whether your institution creates the right environment and delivers on imparting these skills.

    I think the advantage NLUs start out with is that being (a) residential and (b) over five years, there is more time to deliver and hone these skills, compared to a non-residential or a three-year law school. What the institution (and the students they select) does with the time is what sets apart the best ones from the also-rans. There is no point being structured as an NLU if the students don’t receive access to the best academic resources, to high quality internships, backing for co-curricular and extra-curricular activities, and the space to practice what they learn in the classroom.

    One of the key elements of NLSIU’s success, in my mind, is that the student body has practiced what the Constitution of India has preached. Freedom of speech and expression is sacrosanct, there is equality for all, principles of natural justice are followed and there is representative decision making. I think this manifestation of lessons learnt in the classroom and in other facets of campus life helps to concretise certain core beliefs in most students. This, together with the academic rigour needed to write numerous papers and provide analytical answers in most exams does help in building future lawyers, and I’m happy to see so many NLUs have successfully adopted these methods.

     

    What are your areas of specialisation and how did you go about choosing these fields to specialise in?

    Formally, I am a structured finance lawyer and a specialist in trade finance, though like I said at the outset, I still consider myself a generalist. Even though I have been a trade finance focused lawyer for many years now, I have concurrently worked on M&A, private equity transactions and general corporate finance, and don’t hesitate to get involved in other areas of law as and when I get the opportunity.

    I didn’t choose structured and trade finance so much as it chose me! My first job after NLSIU was with Trilegal Mumbai, which was best known at the time for its banking and finance practice. The years I spent at Trilegal were during the booming mid-2000s, and I was fortunate that I was able to work on some of the best structured finance work to have taken place in India. This experience laid the groundwork for pretty much the rest of my career, with subsequent jobs with Amarchand & Mangaldas Delhi (now Shardul Amarchand), with earlier Cargill and now LDC, all being grounded in the banking and structured finance experience I gained at my first job.

     

    At what stage in one’s law school life must one pick a specialisation? What words of wisdom would you offer to someone who is yet to make this choice?

    My humble advice is one should never pick a specialisation voluntarily, especially not in law school. Unless you are absolutely certain you will be miserable doing anything other than criminal law litigation or writing books on public international law, most of us have very little experience of the day-to-day realities of professional life while in law school, and certainly not enough to make career-defining choices before we’re old enough to drink in most states in India.

    I would instead recommend gaining as much experience as possible in a wide variety of fields, so that when you graduate, you are able to cope with anything life throws at you. Whether it’s a corporate role, or litigation or studying further, extra knowledge will never be a waste. Lack of knowledge on the other will always hold you back.

    The right time, to my mind, to specialise, is two to three years after graduating from law school, where you have a more realistic idea of what you want to do with your life and what you enjoy doing professionally. This is borne out by the international standards in the practice of law – US law schools are postgraduate institutions, which do not accept students straight from their undergraduate degrees; UK firms require all associates to have spent two years on a training contract, where you’re shuffled around to gain as much experience as you can, while the firm judges what you’re best suited for. Anecdotally too, I find that most of my friends have ended up specialising in fields quite different from those they had in mind when in law school.

    By all means, we should aim for certain jobs which attract us the most, and do everything that it takes to be considered for that job, including gaining as much knowledge relevant to the dream job as we can, but that shouldn’t to the exclusion of general knowledge.

     

    Who was your mentor, or main source of inspiration who/which motivated you all along the way?

    Throughout my career, I’ve been fortunate enough to consistently have had seniors from whom I drew inspiration. Before your readers get the wrong idea about this, I’m not saying this to be diplomatic or politically correct! I firmly do believe that I have learnt something from every senior I’ve worked with, and each of them has in some form or fashion motivated me to do better or helped me to grow as a lawyer and a person. I have even found inspiration from some of my talented and hardworking peers. I must however say that working under Mr. Shardul Shroff was a great learning experience, given the breadth of work he handles and the depth of his knowledge.

    A mentor though isn’t necessarily a person who has always been nice and helpful to you, but someone who has taught you lessons you needed to learn in order to grow, even if you do not realise it at the time. You can seek out inspirational figures, but a mentor will not merely inspire you, they will be teachers who can show you the right path.  This is not restricted merely to legal skills, but also extending to crucial soft skills of people management as well as ability to understand business concepts and come at issues from a solution-oriented lens.

    That said, there are individuals whose advice and training have been foundational and critical to my career. From my private practice career, I owe a debt of gratitude to Avinash Umapathy (now at CAM) and Nishant Parikh (Trilegal) for their patience and guidance, which certainly did help shape my career in unexpected ways. And from my in-house life, Aditya Bhagat (India legal head at Cargill) and the current APAC GC for LDC- Massimiliano Talli have taught me about what it takes to be a successful in-house lawyer and become a successful team leader.

    Last but not the least, my understanding of the structured trade finance business would be incomplete without the guidance of Gopul Shah, who used to head the business for Cargill in India.

     

    You had previously worked with Amarchand & Mangaldas, Delhi and Trilegal, Mumbai. What does it take to make the cut and land a Tier-I job?

    What does it take to make the cut?

    You should be able to demonstrate to the recruiter an ability to work hard, to deliver solutions and an interest in the job beyond the paycheck. Whether this is through selection of elective courses, moot court excellence, articles in journals, organising academic conferences, or something else altogether, there really isn’t a “correct” answer, but it has to be apparent from your CV. It is not sufficient to be considered the smartest person alive by your classmates – what you are able to put down on paper is what helps you get to your dream job.

    At the same time, it is not enough to say you are interested in a particular job if you haven’t done the basic research on it and have no idea what it takes to do well in that field. For example, when applying for a corporate law role, the one article you might have written on corporate law on the developing law of insolvency or that internship with a small corporate law firm in your second year might be more valuable than winning a medical law moot or a dozen debating tournaments. While moot court wins and debating experience does undoubtedly have value, the corporate law angle would demonstrate that you know your audience just that little bit better.

    What law firms look for?

    A disclaimer here – what law firms look for when they’re hiring varies significantly between Indian firms and foreign firms, especially when the economy is booming. In times of rapid growth, the only thing a firm might look for is a heartbeat. That’s a joke, but only just – firms often hire large numbers during good times, secure in the knowledge that they will naturally shed underperformers when times are bad.

    But to be more specific, what gets someone hired in a top tier law firm are certain skills needed to succeed in a corporate law firm role, and which is what most partners look for in prospective associates.

    Primarily, these skills would be

    1. ability to get things done,
    2. ability to multitask and cope with pressure; and
    3. of course a high standard of core legal skills (research, analysis, problem solving and drafting).

    Of these, I think the third one is pretty self-explanatory, so I will focus on the first two parameters.

    When I would interview associates, I would rate a person with decent grades but a broader set of skills over someone who might be ranked first in class but have nothing else at all on their resume. A successful corporate lawyer has to be able to do many things at once –juggling 5 transactions at the same time, developing client relationships, working to grow their practice, thinking proactively of their clients’ future needs, chasing up on bills – no corporate lawyer I know succeeds without being able to multitask.

    Being able to multitask brings with it the ability to cope with competing demands and pressure. You will never have enough time to do everything that is required of you in a law firm. And I don’t mean in your early associate days, but through your entire career as a corporate lawyer. The demands and pressures change, but if you’re not multitasking and trying to cope with time constraints, then your growth as a corporate lawyer may stall.

    And a corollary to the demands on your time is the ability to get things done. This is not the euphemism common in government offices, but refers to being able to find ways to deliver on what you’ve been asked to do. Whether it’s by doing simple things like being enough of a team player for others to help you out when you are overloaded, or your ability to prioritise, or being able to quickly find the right answers, the ability to deliver on promises and expectations goes a very long way in ensuring professional success.

    Lastly, it might be useful to do some research as to which teams the firms hiring for, even if it is for more senior roles. Some teams need more people urgently than others, and it’s always best to spend a little bit of time trying to figure out how you can demonstrate your value for existing vacancies than be lumped in for general roles.

     

    What is the level importance given to a student’s Grade Point Average with respect to recruitments at Tier-I firms?

    It’s an important consideration as a cut-off. Like I mentioned earlier, law firms try to gauge a candidate’s skills in making a hiring decision, but GPA standalone provides limited insight on quality. What it does provide though is a useful benchmark for determining which students are likeliest to have the necessary skills and qualities.

    I personally had an average GPA, so I wish this wasn’t true, but the fact of the matter is that law firms, especially Tier 1 law firms, have to use GPA a screening mechanism. Each firm receives hundreds of applications for internships and entry level associate roles, and there are a limited set of objective criteria for predicting which applicants might be good enough for the firm – reputation of institution, GPA and past work/ internship experience.

    And more often than not, you’ll be competing with people from the same law school and with similar work experience. GPA is therefore bound to be a major differentiator at the outset. However, once that first hurdle is cleared, then it comes down to subjective criteria, where the lower GPA candidate might actually be a better fit than the higher GPA candidate.

     

    How do you say interns should go about their work at a firm like Trilegal, so as to get noticed in a positive way in the limited time they have?

    Be excited, willing to learn, open minded and proactive. If you’re morose about being at the firm, whatever be the reason, it will show and come across to the associates and partners as disinterest. No associate is going to stick their neck out for an intern who does not seem to be excited at the prospect of being at the firm.

    Another quality the lawyers at the firm will pick up on is your willingness to learn. Assume you’re pulled into something you’ve never looked at before, or even heard of – very few law students would have ever come across Food Safety Standards or Air Information Circulars. It’s how you react to such a challenge which will be noticed. Did you come in with a closed mind or a willingness to learn and take on the challenge? Did you give up immediately or did you work past the difficulties in finding an answer? Did you go back empty handed or did you ensure you had some leads, if not an answer? More often than not, the partner or associate asking you the question already knows the answer, but wants to check your response.

    Open-mindedness is pretty crucial when interning with any law firm. So you didn’t get the office or the team you really really wanted…so what? You’re still at the firm right? The aim is to get the job offer, so it’s better to be a star intern in the IP team than to be the person who moped about because s/he wasn’t in the Capital Markets pool. Once you get the job, you can always seek an internal transfer after you’ve established your worth. One of the best juniors I’ve had in private practice was originally hired for Amarchand’s tax team, but is now an M&A partner at SAM.

    Lastly, proactively seeking out work will take you a long way. Just because you’re not being given work is no reason for you to skip out early or take a day off for a Netflix marathon. As an intern, you should actively go up to associates, if not partners, and ask for work. If you see your seniors struggling on a project, go and offer to help. If your fellow intern is struggling, lend a hand. You may not learn anything or even be given work, but the fact that you asked will be remembered.

    One bonus tip – always assume you’re auditioning for the job during every interaction at the firm, whether in office or outside. That means always put forward yourself as a candidate, whether that is when you are having coffee with your senior from law school, at the office party, or if you’re stuck in the elevator with the managing partner.

     

    What was the reason for your transition from firm practice to being an in-house legal counsel for corporate houses? What is difference (if any) in the work culture at the two places?

    I moved from private practice to in-house legal as I wanted to move from a service provider role to a business side role and more specifically participate in the practical running of a business. I acknowledge that some lawyers are so trusted by their clients that they become business advisers, but this more an exception than the norm. Especially in India, but also true generally globally, private practice lawyers have little to no say on business decisions. In my mind I had always wanted to get closer to the business side of things. To this end, even my LL.M wasn’t a traditional legal degree, but a Masters in Law and Economics.

    This is not to generalise and say that in-house lawyers are all heavily involved on the commercial side, but if you choose your employer wisely, build your business skills and demonstrate your acumen, business teams will get you involved on commercial decision-making. I have been fortunate that both in Cargill and in LDC, I’ve worked with business teams who have valued my skills and judgement enough to make me a part of the business decision-making, rather than look at me only as a legal expert or worse as a legal roadblock.

    But I do not want to generalise and compare private practice and in-house roles. There are already too many negative stereotypes and myths about in-house roles, and it will not be helpful to make sweeping statements. Every private practice role comes with its unique challenges, as does every in-house role. So I think it would be better served for me to try and dispel some notions about in-house life.

    One of the silliest and most baseless assumptions I hear about in-house counsels is that lawyers go in-house when they want an easy life. This certainly is not true in today’s cost conscious business world. No company will tolerate the cost of an in-house lawyer who is not working at least as hard as the business team; nor will they tolerate an in-house lawyer who incurs additional costs on external counsel. If anything, in recent years, in-house legal teams have expanded greatly in pretty much every company across the board, which is a testament to how cost effective in-house advice is in comparison to external advice.

    Given the increasing role of in-house legal teams, a natural corollary is increased pressure to deliver. While private practice lawyers live or die by short deadlines, in-house lawyers face a different type of pressure – you MUST find the right answer for your company, because you will be held accountable for it. You cannot go back with a bad answer, because if things go sour, the external counsel is not the one being held accountable. Whether it’s in finding a solution to a seemingly impossible problem, or finding hidden risks in that otherwise sure deal, external counsels are at best trusted advisers, but not the decision makers. In-house lawyers on the other hand are on the hook for every decision taken by them. Remember – no business means no need for your job. So you better get it right!

     

    Which would you recommend for a fresh graduate who’s looking to start off his/her career?

    There isn’t a right answer to this. For fresh graduates, it might be better to join the in-house team of some companies than to join some law firms, where the former could be a role better suited for the person’s career goals. Many friends have started out in in-house roles and are now highly rated partners in law firms. On the flip side, some friends had joined law firms and had very quickly become disillusioned and left the practice of law altogether. It depends very much on the law firm or the company in question. My recommendation to any fresh graduate is to do their research on the job before saying yes or no. Is the law firm known for promoting their younger talent? Do they work on areas that interest you? Do they have a high attrition rate? Do they have a reputation as a good employer? If the answer to these is no, then you might be better off going to a company.

    At the same time, there are some critical questions which one should reflect on when considering an in-house role:

    What kind of work would be expected of you as a junior lawyer?

    If the answer is primarily corporate secretarial and filings, run away at top speed. Conversely, if you’re expected to review contracts and provide memos, you might actually end up with more responsibilities than your roommate who joined a law firm.

    How big is the in-house legal team and which business teams will be your internal clients?

    Small in-house teams are not necessarily bad, especially if you have a large number of internal clients. But size usually correlates to greater amounts of work for the legal team, which could give you as much exposure as your law firm friend.

    At what stage in transactions is the legal team brought in?

    The earlier the better for you personally, and more generally, would be demonstrative of higher responsibility.

    Who are the internal stakeholders or clients for the role?

    If your clients are primarily business teams or Treasury, your role will give you greater transactional approach, than if you’re primarily dealing with other support teams.

     

    Give us a brief overview of your current work profile with Louis Dreyfus Company (LDC) Group. What does a regular working day look like for you?

    As the Global Lead lawyer for structured finance at LDC, I am the primary point of contact for the financial services business of the company, and responsible to the business for review of all transaction structures and documents. At the same time, I am responsible to the senior management of the company for controlling risks taken by the business team and for ensuring compliance with company policies and laws generally.

    What this means on a day to day basis is that I have to work with my colleagues on the business side to ensure that we proceed with transactions with counterparties in a manner which is in compliance with the law and safeguards the company’s interests while minimising risks. To do this, I review transactions while they are still being planned, review the transaction documents, work with external counsel to ensure we are accounting for all regulatory requirements, participate in negotiating documents with counterparties, and lastly, work on addressing any concerns raised by other stakeholders and the senior management of the company.

    Given the broad geographical scope of my work, I am often working simultaneously on transactions from places as dissimilar as Colombia, Nigeria and China! Which also means that I could find my mailbox bombarded overnight by my colleagues in South America, try and resolve crises during the day for the China team, and in the evening, get onto calls with colleagues in Africa to negotiate with a counterparty there! Thankfully I have a great set of colleagues on the business side, and great support from juniors in the legal team.

     

    How important is it to have a foreign qualification in working overseas as an in-house lawyer? Can someone with only an Indian qualification be considered for international roles?

    It is not a prerequisite but it definitely helps to be dual qualified. We are fortunate that India has a common law system, which allows us to easily understand and work on transactions under English or other common law systems. But the Indian legal system is still not as commonly used in international trade as those from England, New York, Singapore or even China. It is possible to be considered for international roles within companies in certain very globalised segments – IP related roles and banking come to mind –  but without a second qualification, you’ll have a tougher time demonstrating your knowledge and ability.

    The good thing is the English law qualification is open to Indians without much hassle, under the Qualified Lawyers Transfer Scheme. It is not cheap, but given the relative cost of an LLM, I think investing in English law qualification is a better bet, especially if it’s one or the other. Even if you never end up working abroad, it shows your international credentials to companies and your interest to international law firms. Also, it might give you an edge when it comes to some very highly sought after in-house positions.

     

    Is there any other suggestion you would like to make to our budding lawyers?

    Keep learning and investing in your personal growth. It doesn’t matter if you work in litigation, private practice, in-house or in academia, if you stop learning, you will cease to be relevant as a lawyer.

    Also, underestimate the importance of networking in the legal profession at your own peril. It is easy to make fun of people who seem to be endlessly attending conferences, or those posting on professional networks or writing for magazines, but remember that your dream employer could be at that conference or reading your post or article and ultimately can will help build your profile to show why you are the ideal candidate for your dream job.

  • Reetika Walia, Legal Consultant, Salloum & Partners, Abu Dhabi, on experience Corporate Commercial matters in the Middle East

    Reetika Walia, Legal Consultant, Salloum & Partners, Abu Dhabi, on experience Corporate Commercial matters in the Middle East

    Reetika graduated in law from Army Institute of Law in 2004. Right after graduation she had the opportunity to work at the Supreme Court of India for two illustrious Senior Advocates, Dr. Pinky Anand, and Ms. Geeta Luthra. Thereafter, she worked at a few law firms in India for some time and then later she shifted base to the Middle East and have been focussing on Corporate Commercial matters.

    With fourteen years of work experience Reetika answers to Rounak Biswas of SLS, Pune, the questions posed by Anant Malaviya from NLU Odisha, on working with the top tier legal offices in the Middle East.

     

    How would you like to introduce yourself to our readers?

    I am a corporate commercial lawyer with almost 14 years PQE having worked in UAE, Oman and India. Other than advising on corporate commercial matters, my area of expertise lies in intellectual property, telecommunications, media and technology laws (IP & TMT). Over the years, I have had the opportunity of gaining diverse and varied experience in almost all facets of law. I kick started my career as a litigation lawyer in Delhi under the guidance of two of the best senior lawyers in India, Ms. Pinky Anand and Ms. Geeta Luthra. After my litigation stint, circumstances made me switch to the corporate world, more specifically trademarks and there was no looking back thereafter. Through the years I have been lucky to have worked with few of the best law firms in India, Anand and Anand for a very short stint, Fox Mandal, Bangalore, Lall Lahiri & Salhotra and as a partner at ALG India Law Offices, Delhi.

     

    Why did you choose to practice in UAE? Are there better career opportunities for lawyers compared to other places?

    End of 2010, I moved to Muscat, Oman as my husband was offered a job opportunity there. It seemed exciting and I tagged along! And there started my journey of working in the Middle Eastern legal market.

    After having worked in Muscat for almost 6 years at a Tier 1 firm, Al Busaidy Mansoor Jamal & Co. (AMJ), I moved to the Dubai for professional growth. Other than regulatory restrictions applicable in Oman in respect of changing jobs, I thought it was the right time to move on to a jurisdiction (UAE) that would have better job prospects and networking opportunities.

    I wouldn’t say UAE has better career opportunities, as that is very subjective and I think India is a booming economy, but yes the international, multicultural, progressive and fast paced environment surely sets it apart from other places. Additionally, it’s a great place to network and work alongside magic circle firms as well as other international firms.

    Being a very competitive market, I would say what would make one stand out and be successful in this jurisdiction would be their zest and enthusiasm to show their best by making most out of the opportunities granted to them combined with the opportunities one creates for their employer, the value one adds to their business.

     

    What are the key requirements for an Indian lawyer to shift her practice to the Middle East?

    There are no formal requirements other than being a qualified lawyer duly enrolled with the Bar Council. However, one cannot pursue a career in litigation in the Middle East, unless such practice is restricted to providing consultancy services. To establish a law firm in the Middle East, one needs a local partner and a licence to carry out such services. Additionally, it should be borne in mind that Middle Eastern countries are civil law jurisdictions and thus their legal principles differ from common law jurisdictions. Although the general principles of international corporate and commercial law remain same the world over, it is incumbent to understand and know the local laws and regulations in the jurisdiction.

     

    I wouldn’t however advise anyone to start off their career in the Middle East right away after law school or start off a firm in the Middle East without having gained adequate knowledge and experience of the local laws and the market.

     

    What role does fluency in local language (Arabic) play when it comes to career opportunities for lawyers in the Middle East?

    Knowledge of the Arabic language undisputedly opens up better career prospects for lawyers in the Middle East. However, there are many expatriate lawyers in this jurisdiction hailing from all across the world who are not fluent in the Arabic language.

     

    What do Middle Eastern firms look for Indian lawyers in particular?

    It is indeed difficult for Indian lawyers to find a job in the Middle East, specially a competitive jurisdiction like UAE. The international firms generally seek common law/US qualified lawyers which makes the market highly competitive and difficult to break into if you do not carry any foreign qualifications. However, one’s experience is also taken into consideration and if you are lucky, have amazing grades and work experience you are sure to sail through. It may be tough for newly qualified Indian lawyers to find opportunities in the UAE.

     

    How important is to attend global conferences as a participant and a speaker from a career perspective?

    I believe that lawyers need to be all-rounded professionals including possessing a zest for building long term professional relationships. One of the ways to achieve this is by investing in business development activities such as attending global conferences and networking events. Not only is it a great opportunity to connect with peers from the industry across the globe but conferences also provide excellent opportunities for lawyers to learn from the best minds and eminent people in the legal fraternity.

     

    What strategy should a law student adapt to make a career in the Middle East? Can you suggest some firms for internships to get exposure to Middle East legal work?

    As stated above, I wouldn’t recommend fresh Indian law graduates/newly qualified Indian lawyers to venture straight away into the Middle Eastern market unless they have acquired an additional foreign degree or have taken the QLTS and are qualified as Solicitors of England and Wales.

    Due to the difference in the legal system in India and the Middle East, it may be interesting to take up internships in the Middle East, however, I am not in a position to suggest any particular firms where one could apply for internships. In my experience, internships in Oman for Indian law students were usually secured through personal contacts.

     

    How did you get the opportunity to work with Al Busaidy Mansoor Jamal & Co?

    I sure was lucky to secure a job within one month of shifting to Oman from India. Although AMJ did not have any specific vacancy at that time, after seeing my profile, the Managing Partner at AMJ was kind and enthusiastic to take me on board to develop AMJ’s IP practice. By the end of 5 and half years, I was responsible for the IP & TMT practice at AMJ.

    I am grateful to AMJ for giving me my first break in the Middle East market and providing me the autonomy and requisite support to develop the practice area. I also had the opportunity to work with leading law firms and advise an impressive roster of clients like Apple, Red Bull, Porsche, Virgin Group, Facebook, Toyota, Walt Disney, Marriot, Google, HP, Accenture, Yahoo, Uber and Mitsubishi.

     

    What prompted you to shift to Salloum & Partners?

    As stated above, after having worked in Muscat for almost 6 years at a Tier 1 firm, I moved to UAE for professional growth.

     

    What can lawyers learn from your experience in getting high profile clients & maintaining client relationships?

    Advising clients in Oman has been the most exciting and creative period of my work experience. When I started working in Oman, few laws were still at a nascent stage, were ambiguous or were almost non-existent (especially in the IT and IP areas). However, as a progressive lawyer, I was able to successfully bridge the gap between the lack/ambiguity of legislation in emerging areas and the client’s business needs by providing innovative solutions and advice to clients and if required by liaising with regulators in Oman.

    The above went a long way in a maintaining positive relationship with my clients. In my view maintaining such relationships with one’s clients is key for a lawyer’s professional growth. When delivering any service, lawyers need to think out of the box and be creative to find well rounded solutions not only befitting the client’s legal needs but also their business needs.

     

    In the field of law what will make one stand out as an astute lawyer is their willingness to know more about and understand the ever-emerging concepts in the field and accordingly deliver strategic solutions/advice keeping in mind the client’s needs and business goals.

     

    Please tell us about Qualified Lawyers Transfer Scheme (QLTS) & how should one prepare for it?

    I am appearing for the first part (MCT) of the QLTS in July 2018. I realize the importance of qualifying as a solicitor of England and Wales to broaden my horizon towards having better career prospects in the international legal market including the Middle East. In my experience, it’s advisable to get study material from an accredited school who will provide you with very useful study material and practical tips to get through.

     

    Any career tips, cultural, social or economical for lawyers interested to work in the Middle East?

    Middle East is a good place to earn well. However, one should be aware that although countries like the UAE have big dreams to offer to expatriates at the same time the cost of living in the UAE is quite significant. Other countries in the Middle East may have social or political restrictions.

     

  • Faizal Latheef, Partner, Kochhar & Co., on practicing Corporate & Commercial Law in the Middle East and DIFC Wills

    Faizal Latheef, Partner, Kochhar & Co., on practicing Corporate & Commercial Law in the Middle East and DIFC Wills

    Faizal Latheef graduated in Law from Mahatma Gandhi University, Kerala in 1998. He has close to twenty years of professional experience and has been practicing corporate and commercial laws in the Middle East for over a decade, with leading firms including the international law firm of Baker & McKenzie. Faizal has represented some of the largest multinational corporations on cross-border transactions and advised them on a multitude of international agreements.

    He is also one of the few lawyers licensed by the DIFC (Dubai International Financial Centre) Wills & Probate Registry to register common law compliant Wills for foreign investors and expatriates in Dubai, UAE.

    In this interview, we speak to him about:

    • His decision to shift from India to Dubai.
    • His role and responsibility as a Partner at Kochhar & Co.
    • The objectives of his personal platform where he mentors law students.
    • Maintaining a work life balance.

     

    How would you introduce yourself to our readers?

    I am a lawyer by passion and choice!

    I began my professional journey as a Dispute Resolution Lawyer in Kochi. I relocated to Dubai over a decade back and since then, I am practicing corporate laws. Dubai changed my career graph in a magical way as I had the opportunity to work with one of the largest international law firms, a Fortune Global 500 corporation leading its operations in the Middle East and Africa and a top tier local law firm. Now, my primary focus is on foreign investments, joint ventures, mergers and acquisitions, corporate restructuring and compliance, in particular anti-corruption.

    Personally, I am an ordinary guy with some crazy dreams. I do what I enjoy and am passionate about it. I am organized and determined and well aware as to where my destiny lies! I invest in people and have a large number of friends from across the world.

    I do not have any one in my family connected to law and am a first generation lawyer. Witnessing my initial struggles, even others have stayed away from the legal sector. I believe everything is possible in life and hope my journey will be an inspiration to my young friends who do not come with a legal background.

     

    What motivated you to pursue law? Describe your experience in law school.

    Law has always enthused me! I was into public speaking since my young days and somehow developed a misconception that a good public speaker could be a good lawyer too.

    On a serious note, law is to regulate society and promote social well-being. We all are required to comply with certain norms from early ages, be it at home or in the society. I was an organised child and enjoyed complying with such norms. From this perspective also, I thought law would be a great career choice for me.

    Like most of the law students, law school days are some of the most unforgettable days in my life. Be it some of those inspiring lectures, active participation in student politics or the wonderful time with my friends! I enjoyed every moment of those days! Candidly, I don’t think my law school curriculum sufficiently equipped me to build up a successful legal career. In contrast, it was what I learnt outside of the classroom that shaped my todays and lead me to this amazing journey called life!

     

    What was your first job after law school?

    It was almost two decades back! I started my professional career in Kochi, the commercial hub of Kerala. The legal industry then was dominated by individual lawyers and they all were into litigation. I practiced before the High Court and primarily focused on civil and commercial matters. I used to work for almost fourteen hours every day, without much financial returns!

    On hindsight, I admit that I did not enjoy litigation much! After spending considerable amount of time outside India and having got the opportunity to understand different legal systems from across the world, I believe our legal system needs a thorough revamp. It needs to be more professional, transparent, tech savvy, appealing to the youngsters and accessible to each and every citizen of the country.

    Nevertheless, those gruelling days helped me in preparing for the future in a tough way. It imparted lot of lessons to me, including the importance of hard work, patience, perseverance and above all, to stay optimistic – That my day will come!

     

    What caused the decision to shift to Dubai? What were the challenges you faced in this transition?

    I relocated to Dubai out of compulsion. A little over five years into my practice, I met with a near fatal car accident. I was bedridden for a considerable amount of time and could not speak. I lost my clientele in no time and could not come back despite my hard efforts! And I had no option but to quit litigation. Then, Dubai, with its big dreams, was a natural choice for me! If it could become one of the best cities in the world out of sheer grit and determination, I thought the city will have something in it for me too!

    The legal industry in Dubai is quite charming, with many of the top-tier international law firms and large multinational corporations. However, the transition was challenging. It was an alien place to me, with no relatives or friends. The legal system, culture, lifestyle, work ethics, client expectations all were starkly different from what I had experienced in India and it took a while for me to adapt. Fortunately, after a few months, I got into one of the best local law firms. And there started an amazing journey that transformed my life!

     

     

    Can you describe your role as an in- house counsel for AbbVie Biopharmaceuticals?

    I joined AbbVie Biopharmaceuticals on a specific mission – to lead its spin-off from Abbott Laboratories in around 35 countries in the Middle East and Africa region. Abbott then had one of the world’s largest selling drugs, which had an annual turnover of over USD fourteen billion. They decided to spin-off their business division which managed the said portfolio and wanted me to lead the transaction.

    The moment I stepped into an in-house counsel’s role, I realised that it’s the beginning of a journey into unchartered waters! Everything I experienced in my new role – from the people I met and their thought process to the work culture – was starkly different from a law firm.

    My in-house experience completely changed my perspective as a lawyer. Only then, I learnt that that the role of a lawyer is not just to enlighten the client about the legal provisions but more about analysing the risks in light of the legal provisions and guiding them to a solution, taking their business objectives into consideration.

     

    Describe your work profile at Baker & McKenzie Habib Al Mulla? What caused you to leave the firm?

    I spent most of my time in the Middle East with Baker McKenzie Habib Al Mulla. After my relocation to Dubai, my primary focus was on corporate and commercial laws and I continued to have a similar profile with the firm. However, the magnitude was completely different.

    All on a sudden, the nature of clients, transactions and their value changed in a big way. I got the opportunity to lead several multi-billion dollar deals involving some of the world’s largest multinational corporations. I also led the firm’s initiatives in the pharma and healthcare sector. I would proudly admit that I spent some of my best years with them. These eight years challenged me to a great extent and I was forced to reinvent myself all through the period.

    I spent considerably long time with the firm, and at some point, I felt like I am getting into a comfort zone. I wanted to get out of it and explore the unknown world. I was keen to find out if I would be successful in building up my own clientele. If successful, I knew nothing else would be more contenting!

     

    How did you come to be a Partner at Kochhar & Co.? What are your responsibilities?

    As I mentioned earlier, I wanted to leave Baker McKenzie and was exploring my options. Somewhere around the period, Kochhar & Co. became the only Indian law firm to have been granted license to practice local law in the UAE. I knew Rohit Kochhar, the Chairman of the firm, one of the most enterprising lawyers in India. We thought our interests complement each other and decided to join hands. Great colleagues, quality clients and an excellent office overlooking the iconic Burj Khalifa, the world’s tallest tower, can only be incentives to associate with the firm!

    I focus on three practice areas – corporate, compliance and DIFC Wills. I mostly work with multinational clients, several of them from India too, on a variety of matters including foreign investments, joint ventures, mergers and acquisitions, corporate restructuring and employment. I also do a lot of work on compliance, in particular on anti-corruption. I am one of the few Certified Auditors for the recent ISO 37001 Standards on Anti-Bribery Management Systems, which helps me in designing or auditing the compliance mechanisms of organisations as against an international benchmark.

    I also guide foreign investors in protecting their investments in Dubai through DIFC (Dubai International Financial Centre) Wills. I am one of the few Indian lawyers licensed by the DIFC Wills & Probate Registry to draft and/or register Wills that are not governed by Sharia. Being a Muslim country, inheritance in the UAE is governed by Sharia and foreign investors were concerned about its implications. This new mechanism is a big relief to all non-Muslim investors as they can now effectively secure their investments.

     

    Does law school prepare a student sufficiently for all the things expected from them after graduation?

    I often interact with teachers and students from various law schools and I understand that many of these schools are preparing their students in an exemplary manner. They offer trainings on a multitude of areas, help them find internship opportunities, arrange expert lectures and all these will help students to get prepared for the coming years.

    However, I believe it is impossible for a law school to fully equip its students for everything that comes after graduation. They can only set a platform for the students. It is for the students to decide as to what they want to achieve and how they want to reach there. They need to build relations with industry experts, find their mentors, expand their knowledge levels and take advantage of every opportunity that life throws at them!

    Nevertheless, an area where I hope to see improvement is on the soft skills part, in particular for law schools from the smaller cities. Many a time, it is not the academic credentials that will help you in reaching greater heights but certain other skills including your ability to connect with people. More importantly, I hope law schools mould their students to become responsible citizens of the society.

     

     

    What is your opinion on the recent proposal to allow foreign law firms to operate in India?

    I have been in Dubai for twelve years and spent most of time with Baker McKenzie Habib Al Mulla. I had a truly enriching experience with the firm as I got an opportunity to work with some of the best lawyers in the industry, on multi-jurisdictional transactions involving billions of dollars. I could lead several complex commercial transactions for many of the Fortune Global 500 corporations, all thanks to my association with an international law firm. All these have immensely helped me in evolving myself as a lawyer and as a human being. I would not have had this wonderful journey had I not been with an international law firm!

    The entry of foreign law firms will certainly shake the Indian legal industry and force us to adapt. Many of such firms’ systems, processes, clientele, people, work ethics, professionalism etc. are of a different magnitude that a sizeable portion of our industry has not yet seen. This will offer great opportunities to talented law students. In general, this will initiate a healthy competition and improve the quality of legal services.

    There are a few genuine concerns too, including the importance of setting up a level playing field for our law firms. Nevertheless, these are all minor issues that can be addressed effectively, if we want.

     

    How do you maintain a work life balance?

    Life in a law firm is always hectic! There are occasions where I have to spend long hours in office, in particular while working on projects involving multiple jurisdictions and tight deadlines. All these will bring in their own share of pressure too.

    I want to enjoy every moment in my life and do not want these long hours or pressure to impact me. I am able to manage these to a great extent by following three simple principles – by being passionate about what I do, being organised and saying ‘no’ wherever required! I try to work on matters that I enjoy. I plan my day before I get out of bed. I also try to practice the art of saying ‘no’ so that my time is efficiently managed. Come what may, I do not skip spending quality time with my family and friends or my squash sessions! Life is all about making the right choices.

     

    You have created a platform to mentor law students- through your website faizallatheef.com. Why did you come up with such an idea and what are its objectives?

    I started my website about a year back to share legal information on the UAE, in particular Dubai. A few months later, I was invited by Microsoft to be part of their initiative to mentor law students in Dubai, in association with Middlesex University. This was a great programme wherein several industry experts participated and it benefited the students immensely. I had a chance to meet with many students who were talented but confused too on a myriad of matters, who had no clue about how to shape their future. As a first generation lawyer, I could easily relate to their confusions. This is where I thought I must utilise my platform to help the younger generation.

    My objective is to make my website a platform for my young friends to connect with legal experts from across the world. This will help them in gaining great insights into the profession and apt guidance on a variety of matters including internship options, higher education and career choices. I am in the process of creating a panel of mentors with varied background, which includes private practice lawyers, in-house counsels with large multinational corporations and legal counsels from the government sector.

    I also provide internship opportunities to selected students, in our Dubai office. This is an amazing opportunity for students, in particular for those from India, as they get truly international corporate practice exposure.

     

    What advice do you have for our readers?

    My simple advice to my young friends is ‘enjoy life’! Life is full of possibilities and opportunities. It is up to you to explore and find them. You all are destined to achieve great things in life. So, believe in yourself. Break all the limits that you have set or others may set for yourselves. Dare to have big dreams and pursue them passionately. Life is all amazing!

    And more importantly, add a humane touch to everything that you do.

  • Tejasvini Shirodkar, Partner, Rajani Associates and her expertise in Private Equity and Acquisition (Domestic & Cross Border)

    Tejasvini Shirodkar, Partner, Rajani Associates and her expertise in Private Equity and Acquisition (Domestic & Cross Border)

    Tejasvini Shirodkar graduated in law from New Law College, Matunga in 2003. She passed the Solicitors Examination conducted by the Bombay Incorporated Law Society in June 2006 and has an experience of more than twelve years in Corporate and Commercial Law.
    Currently, she practices as Partner at Rajani Associates and handles various assignments with respect to Private Equity and Acquisition (Domestic & Cross Border).

    In this interview, we speak to her about:

    • Her work profile at Rajani Associates
    • Some tips and tricks for the Solicitors Examination.
    • The challenges of Cross Border Acquisitions.
    • The impact of IBC 2016 on supply contract litigation.

     

    How would you introduce yourself to our readers?

    Hi, I am Tejasvini Shirodkar and I am a partner at Rajani Associates. At Rajani Associates, I specialize in handling matters related to Private Equity and Acquisition (Domestic & Cross Border). Overall I would say I am fun loving and straight forward in nature. I love to travel and explore new places.

     

    What influenced you towards the legal profession?

    From childhood I have been a curious and an inquisitive child. Though nobody in my family has been in this profession, the court room dramas shown in English TV Serials have always intrigued me. So I guess that prompted me to join this interesting profession. However, only upon attending law school and after mooting I realized that I had made the right choice!

     

     How have your formative years helped to shape you as a lawyer?

    While I started my career in litigation in Crawford Bailey & Co and then in Dhru & Co, I gradually developed my interest for corporate matters. I then joined Rajani Associates, where initially I was handling real estate matters and thereafter joined the PE & Acquisition team. I remember initially in Rajani, a senior had instructed me to complete a diligence of a company as old as twenty to twenty five years all by myself. It was my first diligence exercise. That was a complete mind boggling experience, however that helped me learn the basics of diligence exercise and also how important diligence is for any transaction. I would say I was fortunate to work on such wide ranging matters in the early years of my career and also with some great seniors, especially Mr. Rajani (the Managing Partner) who is an excellent tutor. All of this helped me build my foundation to my career.

     

     What are some of the tips to hone one’s contract drafting skills?

    If you ask me for tips, I would say that while drafting any document, every lawyer needs to be precise and clear in what it needs to capture. During the drafting process, one must always keep in mind to stay within the four corners of Contract Act and such other laws applicable to the subject matter of the contract i.e. Companies Act or FEMA, Transfer of Property Act etc. Care must be taken to ensure that the intent of every clause of the document is conveyed in simple and lucid manner. The reason being at a later stage never should a situation arise where parties have any dispute on interpretation of any clause!

     

    What is the structure of the Solicitors Examination conducted by the Bombay Incorporated Law Society which you cleared in June 2006?

    There are six papers in total. We had to secure 50% in aggregate and passing of 40 in each subject. Yes, it is a tough examination. It is more practical oriented than theoretical. I was quite thrilled when I cleared this examination. It’s just that you need to know the right method of studying and answering the exam and you are sure you are going to clear this exam.

     

     Any tips and suggestions to students appearing for the exam?

    The Solicitors Exam requires the student to answer every question in a precise manner. The questions may be answered in two sentence or two words or two paragraphs. Length is never a pre requisite in this exam. However, one should not take the exam questions lightly even if the legal solution may appear simple in some case. Anyone who is pursuing this exam must study each of the subjects in detail. Every question in any subject is framed in such a manner that it tests the students overall knowledge of all the subjects. Hence, there are no short cuts. Overall it’s a great exam which tests your endurance and also you get the chance to study and get an insight of almost every subject of law.

     

     What would you advise buddying law students to focus on apart from studying their law degree?

    Apart from studying, students should also try to participate in moot court competitions. Such competitions help you build your confidence. I would also suggest that every student should, while they are studying law, do internships in every practice area and not focus on any one area right from start.  Internships give practical knowledge along with theory and also help the students decide the field they would enjoy working and wish to practice after graduating from law school. Along with that each student should also be abreast of the economic developments and changes in law irrespective of the field it relates to.

     

     Please tell us about your work profile at Rajani Associates?

    I head the Private Equity and the Acquisitions team in Rajani. Acquisition include domestic and cross border acquisitions, joint venture transaction, slump sale transactions and also asset sale.  Private Equity may either be a financial investment by domestic or an offshore fund or a strategic investment or advice on steps towards an effective exit by the investor. Along with PE and Acquisition I also handle, commercial contracts and SEBI diligence matters.

    At Rajani, we handhold our clients right from structuring by working alongside tax experts until closing without leaving any stone unturned. Our USP is personalized attention to a transaction, addressing not just legal issues (which are expected from a lawyer) but also assimilating and providing commercial solutions wherever there is an impasse or if the transaction requires specialized structuring, keeping in mind the end objective of the client.

     

    How has your experience at Rajani Associates been?

    I have been in Rajani for almost a decade. My experience in Rajani Associates has been quite enriching where I have been fortunate enough to work on wide range of matters right from beginning. My learning curve in Rajani has been great with every transaction different from the previous transaction where each assignment is a like a quest towards a new adventure.

     

    What are the unique challenges of Cross Border Acquisitions?

    Cross Border Acquisitions are quite interesting. If you ask me for challenges in a cross border acquisition, I would say all acquisitions (domestic or cross border) or more so all transactions, however small in size has its own unique challenges.

    In any Cross Border Acquisition, the challenge is to understand and study the law of the acquiring country and practical issues generally encountered while implementing an acquisition. Since it can, at times, change the parameters of a transaction. For example, acquisitions in Indonesia involve a myriad of laws and regulations. It requires an announcement of the acquisition in an Indonesian newspaper, notification to creditors and employees, creditors and shareholder approval. Further, the Indonesian Government issues a negative list periodically, which lists the relevant sectors (other than banks and companies in the financial sector) that are restricted or prohibited from foreign investment and where participation for local shareholder is compulsory.

    Likewise in Philippines, enterprises with paid up capital of less than USD 2,500,000.00 and engaged in retail trade are to be reserved exclusively to Filipino citizens of corporations wholly owned by Filipino citizens. Further in China too there are certain approval processes from various Governmental Authorities for any inbound or outbound investment process.

     

     What are the factors driving Private Equity Investment in India from a legal standpoint?

    The Government’s regulatory reforms, such as an overhaul of the archaic company law regime, simplification of investment routes into India, Make in India initiative, Stand up India Start-up India, Digital India, and Demonetization have bolstered investor confidence. Up until few years back, India’s foreign policies were essentially defensive. Apprehending the need for relaxation in foreign investment policies, the Government of India has made various changes in the Foreign Direct Investment Policy to open up the economy and thereby making India an attractive destination for overseas investors. Further with the introduction of regulations governing Real Estate Investment Trust, Alternative Investment Funds and Infrastructure Investment Trusts by the Securities Exchange Board of India, the Government of India has paved way for an internationally acclaimed investment structure in India.

     

    How has the IBC 2016 impacted supply contract litigation?

    Ordinarily, for any debt due under a supply contract, the claimant would have filed a money recovery suit against the Company. However, now claimants are resorting to relief under Indian Bankruptcy Code, 2016 (“IBC”) more so to threaten the company. Further if you observe the definition of claim under IBC is quite wide.

    As per Section 3(6) “claim” means— (a) a right to payment, whether or not such right is reduced to judgment, fixed, disputed, undisputed, legal, equitable, secured or unsecured; (b) right to remedy for breach of contract under any law for the time being in force, if such breach gives rise to a right to payment, whether or not such right is reduced to judgment, fixed, matured, unmatured, disputed, undisputed, secured or unsecured.

    Further as per Section 3(11) of IBC, Debt means a liability or obligation in respect of a claim which is due from any person and includes a financial debt and operational debt.

    Thus, if there is default under a supply contract for non-payment of an established amount, a creditor can claim under IBC, unless there is an existence of a dispute, if any, and record of the pendency of the suit or arbitration proceedings filed before the receipt of such notice or invoice in relation to such dispute.

     

    What have been the biggest systemic changes since the implementation of commercial courts?

    Pursuant to the Commercial Courts Act, 2015, it was is mandated to set up commercial courts in India and Commercial division in the High Court for adjudication of commercial disputes of Rs. 1,00,00,000. Commercial divisions have already been set up in Bombay High Court and Delhi High Court. Similarly, Commercial Courts have also been set up in Gujarat, Andhra Pradesh, Rajasthan and Goa. This is a great achievement in light of increasing number of cases pending before the High Courts.

     

    What would be your parting message to our readers?

    Never forget that every professional is a student at every stage of its life. The key to success is that you should always be receptive, eager to take up new challenges and learn new things and have the quest to perform and succeed. And last but not the least “Success is nothing more than a few disciplines, practiced every day”.