Tag: Corporate

  • Anurag Parihar, Founder and Chief Executive officer, on providing an online e-learning platform for lawyers

    Anurag Parihar, Founder and Chief Executive officer, on providing an online e-learning platform for lawyers

    Anurag Parihar graduated from MATS University in 2014. At present, he is the founder and chief executive officer of Rostrumlegal.com. RostrumLegal.Com is an online e-learning platform for lawyers, law students and anyone who wants to learn law. The company operates with a vision to deliver professional legal education to millions of people from around the world at affordable costs.

    In this interview he talks to us about:

    • Biggest challenges to start a business.
    • How to protect a great idea.
    • How to obtain a domain name.
    • Online courses helpful in starting a business.

    What are the biggest challenges to starting a business?

    I think taking the first step is the biggest challenge. I always say this to people that every tom, dick or harry in this world has one or two business ideas which can be worth millions of dollars but no one dares to materialise those ideas. I think each one of us have experienced that moment in life when, after hearing a news about some cool startup, we say that “I had a similar business idea, I should have given it a try…” Taking the first step is a real big deal in starting any kind of business.

    There are lot of other things, like commitment towards studies or the job, and pressure from family and friends, which prevent us from taking risks. If you think that your idea can create an impact in changing the way people live their lives, you should definitely give it a try.

    How can I protect my great idea?

    It might sound a bit hilarious but from my personal experience both as a law student and an entrepreneur I would say that ideas are the only form of intellectual property which cannot be afforded any legal protection. Also, you cannot sue anyone or claim a compensation for stealing your ‘great idea’. In fact, stopping someone from pursuing the same kind of business as yours can prove to be unlawful and anti-competitive.

    If you have a great business idea in mind and you have fully convinced yourself to start your journey to become the next Steve Jobs or Elon Musk of the industry, it would be a very good thing to share and discuss your idea with as many people as you can to take positive inputs to start. A suggestion from an unknown fellow passenger in a local train can also prove to be helpful in realising your billion-dollar dream!

    Once you have started or when you are already in the business, you can utilise a lot of legal routes to protect the things which are important to your business. Those things can be your logo, the name of your business, software codes, designs or your secret fried chicken masala (it’s better not to spill such secret)!

    How can I obtain the domain name I want?

    I think choosing the right domain name for starting a website or a blog is really important to create a good online presence. Domain names can be very crucial if the business is targeting online users. To choose a domain name one should keep in mind that it should be a unique web address. Also, at the same point of time it should be very general to the industry you are doing your business in. Following this suggestion can help businesses or blogs to get organic traffic from search engines. This can be really helpful in contributing towards the growth of the business especially in early days. The perfect example for such type of domains can be housing.com or conferencealerts.com.

    There are a lot of websites which sell domains and provide other web hosting services. It is advised to go with a big brand and since these service providers sometimes offer great deal on domains and hosting packages, one should do a proper research before buying to crack the best deal. Also, it should be noted that setting up an ecommerce store or a blog is very easy, there are several articles available on the web which can help you in learning to do so.

    How much should I capitalize my business with at the beginning?

    The amount of investment needed while starting the business completely depends on the type of business. Some types of businesses can be started at the cost of very small or zero investment. A YouTube channel or a Facebook page sharing funny posts to make people laugh can be turned into a profitable business, the cost of starting such things is practically nothing. A small e-commerce website or a blog, publishing articles on topics like 10 things to not, can be started at a cost of less than 5000 Rupees.

    On the other hand, there are lot of capital intensive businesses, like a restraint or a manufacturing company, which can require a lot of investment at the beginning itself. A business can be started either with no money or with a lot of investment but it is very important to plan the budget and the source of income for a long run to manage some of necessary spending in future.

    Where can I get money for my business?

    Investment is a very important ingredient for growth or expansion of a business. There are a lot of options available for entrepreneurs to raise funds. Some of the important sources include an angel funding, or a funding from a venture capital fund. Two of these are can be simply differentiated by the amount of money they invest in your start up. The former is an investing company often managed by few people known as angel investors who invest significantly less amount of money when compared to venture capital funds which are usually giant corporations managing a huge pool of money. There are lot of schemes run by government and various public and private sector banks which offer collateral free loans to small and medium scale companies on a lucrative interest rates.

    There are other creative options to raise money like crowd funding where a startup can raise money from general public by simply posting their business plan on crowdfunding website and offering exclusive launch benefits to the investors. There are a lot of competitions which select infant startups and provide them with mentorship and a small amount of initial funding. There are a lot of startup incubators which look for promising early stage startups.

    The amount of money available as compared to the requirement of startups is very less. Only one in a 100 startup is able to attract investors to provide funding. Not only the business idea, but a lot of factors contribute in making a startup attractive to the investors. And, last but not the least, the revenue generated by the business is also an important source of funding.

    How should equity be divided among co-founders of a startup?

    I think that this is the toughest question in the interview and also one of the most confusing decision an entrepreneur has to take in his life.The equity can be divided by looking into various factors like the type of responsibilities each founder has. Such responsibilities can include the development of the product, investing initial capital, formulating and refining the business idea, marketing, business development etc. Sometimes it is good to take advice from a third party who is close to all the founders, knows the business and is not interested in the business of the company.

    It is also important for the founders to enter into a founder’s agreement which decides the share of equity each founder gets and also enlists the responsibility of each of the founders. The agreement should also accommodate plans to include team members and investors who will join the company in future. There a lot of articles, blog posts and tutorial videos which can be referred to gain a clear understanding on this area.

    What online resources are helpful for learning more about starting a business?

    Several types of free resources are available, both online and offline, to learn about the ways of doing business. Just ask google if you are stuck on something and you will surely find the solution to your problem.

    There are a lot of websites like Forbes, Tech Crunch and Entrepreneur who publish a lot of articles on important issues. Also, there are lot You Tube channels who publish videos to help entrepreneur. I would recommend following ‘Google for Entrepreneurs’. It is also advised to know about the life of entrepreneurs and other type of leaders. One can also watch movies and read books to get inspired!

    I would recommend people to watch my latest favourite movies ‘Steve Jobs’ (2015) and ‘The Big Shorts’ (2015). Also,If you are looking for a step by step guide to start a business, you can read ‘The 100 Dollar Startup’ by Chris Guillebeau.

  • Nakul Bhatnagar, Senior Consultant, on recruiting for various roles in the legal sector in India and across Asia

    Nakul Bhatnagar, Senior Consultant, on recruiting for various roles in the legal sector in India and across Asia

    Nakul Bhatnagar graduated from Cardiff University, U.K. in 2011. At present, he is a Senior Consultant at Aquis Search with responsibility for private practice and in-house legal recruitment services in India. He recruits for various roles in the legal sector in India and across Asia. He is interested in connecting with potential clients who have talent acquisition requirements and professionals looking for their next career challenge.

     In this interview, he talks to us about:

    • His experience at Cardiff University.
    • How interns can get positive feedback in limited time.
    • What law firms look for in potential candidates.
    • His advice on CV building.

    Most of our readers are young lawyers and law students. How will you introduce yourself to them?

    I am a lawyer by training and legal recruiter by profession. I was born and raised in New Delhi and spent almost all my life here. Post class XII, I pursued the B.Com (Hons.) course from Delhi University and after having dabbled in very different fields in the industry, I decided to pursue Law. I completed my LL.B from Cardiff University, U.K. in 2011 and after having worked with a few organisations (including a law firm and a trade law counsel). I made the switch to legal recruitment in 2014 and joined an Indian legal recruitment firm. I am currently working as a Senior Consultant with Aquis Search – Asia’s leading executive search firm with offices in prominent Asian cities. I focus on legal and compliance recruitments, across junior and mid-levels in India and the Middle East.The story continues…

    Having done B.com, what motivated you to choose law as a career? Or did it just happen?

    Doing law was a rather calculated decision for me and I believe I found inspiration to do law from the most unusual places. During my college days, I was actively following the Indian independent music scene and briefly performed in a rock band myself. Not to mention, I was a very confused child and tried my hand in so many different fields to try and come to a career conclusion – I interned in places like design studios, ad agencies and a music / events company as well. Post my graduation, I was pretty much convinced that I wanted to take up music management and for a year, I worked with a company which promoted independent original music, managed artistes and organized live concerts & festivals. During this time, I had the good fortune of interacting with musicians and a few lawyers who introduced me to several new concepts like Copyright, Performance Rights and Digital Rights Management. I was quite intrigued to see how the law worked with something as basic as a song or a performance. It was something that I never thought could work so well in an ecosystem that seemed completely disconnected. I started researching on what options I may have and I decided to try and pursue law. Not to mention, my father is a lawyer by training himself and always encouraged me to pursue a career in the field. Little did I know that the adventure was just beginning!

    Describe your experience at Cardiff University.

    The experience of studying at a foreign university was surreal. The methodologies, the faculty, course structures and support offered were very beneficial to every law student. Cardiff, being one of the top law schools in the U.K., was possibly the biggest learning experience for me. Constant development every step of the way, studying there made me the person I am today. Studying in Cardiff gave me immense exposure to global standards of legal education and a connection to a worldwide network of prominent lawyers. An additional advantage of studying there was that the University is recognized by the Bar Council of India and the transition of practicing in India was never tough. Many Indian students who graduated from there have moved back and are successfully practicing here (even as Partners at leading law firms).

    How do you say interns can get positive feedback in the limited time they have?

    Internships are probably the most valuable experience any budding lawyer can get. In one way or another, they are the stepping stones for a career in law. They show you the practical side of the profession and how the application of the law goes much beyond the course books.

    Pro-activity is possibly the most valuable skill that an intern needs to posses. Try and be actively involved with the partner / associates that you are working under. Remember, they get interns every month and recall value is definitely scarce. You have to make the jump out of the page for them to remember you. Especially final year students; if you wish to work with the firm post law school, you will have to walk the extra mile for them to offer you a PPO or a recommendation.

    Having worked in the legal recruitment industry what are the challenges you have faced?

    Challenges are as wide in this industry as any other. The point of working in a niche can work as an advantage and a challenge as well. The advantage of being a lawyer has helped me work my way into legal recruitment. I can understand the work that one does and has done in the past and how that experience can work well for a potential opportunity that one may be looking for. It is of utmost importance for recruiters to look at both sides of the spectrum. One needs to understand the needs of the lawyer looking at a potential job as well as the recruiter, looking to hire talent for his firm. The gap needs to be filled perfectly or it could pretty much lead to issues for the firm, as well as the young lawyer.

    Acquiring talent is a big task for any recruiter. Opportunities, whilst being seasonal, are usually always prevalent in the market. It is the right talent that can be scarce at times. Firms are usually very sure of the qualities that they want in a lawyer (law school, practice areas, experience wise). Getting them the perfect fit is the mark of a good recruiter. We have to remember that the level of trust, shown by a firm looking to hire and a lawyer looking to be placed, are utmost in a recruiter. Challenges are a part of everyday life but, just like any profession, they can be overcome.

    What do law firms look for in potential candidates?

    Here we go! (If I had penny for every time I was asked this question… you know how it goes.)

    Let’s get it straight. Firms are looking for someone who is with them for the long haul. Period! Firms (especially the big ones) in India are built on the core values of their name and legacy. They are looking for professionals who can be nurtured into taking that name forward.

    Professionally, the story isn’t very different from any other profession. A strong educational background, the ability to work hard and with a team, diligence, communication skills and of course, patience. The transition phase (especially the first 6-9 months) maybe tougher but the reward has its own charm.

    Strong on technicals – the main point of focus. For example; a prospective corporate lawyer should have the acumen for numbers, financials and a strong eye for detail and along with this good knowledge on topics like Contract Law, Sale of Goods Act, Company Law, SEBI Regulations, FEMA, FDI Regulations etc. Similarly, a professional, looking to build a name in the disputes practice needs to be aware of everything around him in the legal environment. Be prepared with important sections of the CPC, CrPC, Constitution, landmark judgments and recent developments in the legal biosphere.

    The basic quality that every lawyer needs to possess (and I cannot stress this enough!) is the eye for detail in everything that they read or write. Till date, I have seen so many professionals who are not proficient with drafting and tend to omit so many errors; it’s possibly one of the biggest grey areas for any law firm looking to hire. You need to start from the bottom of the food chain everywhere. Your firm will want to know everything that you are capable of.

    What advice would you give to law students / professionals interviewing for law firms?

    The one piece of advice that would be the most important (for lawyers across levels);KNOW YOUR CV. Know every word of every line of what you have put on there. For freshers, your internship details are of utmost importance. Know the names of the Partners / Associates that you worked under, the teams, the kind of work and your involvement. For laterals, any transaction / matter that you worked on, your contribution to the same and everything that you have put on your resume. You need to have your CV on your fingertips; if it is on your CV, get ready to be questioned. Keep yourself abreast with all legal developments in the market, especially the ones with a connection to any phrase mentioned on your CV. Apart from academic qualifications; your extra curriculars go a long way in determining your achievements. Moot courts, debates and other activities are equally important to show your development during law school.

    Apart from that, know what is happening in the market and of course, know the firm that you are interviewing with. You need to know details about key partners, latest deals and general structure of the firm as questions can be fired from any direction. You need to assure your interviewer that you are the right choice and your knowledge about the firm makes you want to be there. This is about going that extra mile to show your appreciation for their time and consideration. People always look for that spark that would separate you from the others. Be confident in what you answer and do not hesitate in accepting that you may not know something out of the plethora of questions, it is only natural. Be sure to tell them even if you don’t know or are unsure. Be sure to make a note of it and tell them you can research and get back to them with a sure answer. Surety goes a very long way. Be sure of yourself and what you know and you’ve already won half the battle.

    What must a law student do to get hired in a top-tier law firm? Any advice on CV building that law students must keep in mind?

    Before I answer that, we really need to address one thing for young lawyers and everyone else reading. The mentality of a ‘top-tier’ brand is changing in this ever evolving legal market of ours. Whilst top-tier firms still do rule the roost and deservedly so, many firms operating on a smaller scale (only in terms of number of people) are bringing in meaty work and good clients. These firms (bracketed as mid-sized or boutique firms) are coming up with a strong force and several of them have been started by and employ alumni from leading firms. In terms of quality of work, people employed and even pay-scales, they are very competitive with all other firms and will be a force to reckon with in the near future.

    Let’s face it; cut throat competition in the market as of now, is more than it has ever been. With more than 70,000 lawyers graduating every academic year, securing an interview can turn out to be quite a harrowing process. Most firms hire graduates directly from campus or make offers to their star interns. Firms that do come on campus will look for someone whose CV jumps right out of the page to catch their attention. Hence, building a strong CV is the first stepping stone to this process.

    On CV building, we need to remain concise. Academics are the foremost factor that people tend to look at on your resume. Your grades need to be consistent and will be considered on priority. Along with grades, a few other factors that may help go a long way:-

    Moot Courts – The first insight into a Court environment, the basic reason and intention of organizing moots is to help students develop their research and oratory skills. You should try to actively be a part of inter / intra college moot court competitions. The skills that are put to task here are the ones you need the most in this profession and one can develop them very well.

    Research Papers / Publications – Your knowledge on the latest developments in the profession are yet another tool in your artillery. Your knowledge on the information gathered here could easily be one of the biggest advantages in the interview

    Organisational Skills –The committees that you were a part of during college, the activities that you took part in. These show a sense of team work which every young professional can use to his / her advantage.

    How is the legal landscape in India changing viz a viz the talent needs?

    The landscape has changed hugely over the past few years since I have been following it. People are beginning to focus more on the person, rather than their pedigree (which has always been the growing trend). Firms are seeing severe competition in the market and of course, last year was probably one filled with the biggest surprises (and shocks for some) in the industry. Reasons like these alone, are completely twisting the landscape. Since any change can be positive or negative, depending on the perspective, the industry has learnt to adapt with its growing needs. Firms are getting bigger, business is on the constant rise and people are needed. At this point of time, hiring at the senior level is becoming more strategic and there is definite preference for those having their own book of business and good reputation and relationships in the industry. Another interesting point to note is that, at the junior and mid levels, firms are also investing heavily in BD and internal trainings.

    Lastly what are your plans for future? What advice would you give to law students wishing to work in the same sector as you?

    After having dabbled in so many sectors myself, I feel I found my niche in the legal recruitment business. The plan is to learn and grow with the system which is growing every step of the way. I am glad to have found a platform like Aquis Search, as it is the only search / recruitment firm in the legal and compliance industry in India has with an international network – in both the in-house and private practice space. I am happy to be able to leverage my network and relationships to hopefully bring a positive change in the Indian legal ecosystem.

    Guys, success and failure are a part and parcel of the game. Trust me, I’ve been there. Everyone is prone to mistakes and the best part is that it’s never the end of the world. Getting a law firm job or not shouldn’t be on your final list. The profession that we are in, is one of constant growth and learning. One literally can never stop learning here (even if it feels like things are stagnant). Keep making mistakes, learn from them, equip yourself better and move on. The recruitment business is on very similar lines. I feel that my experience in law practice has equipped me with the knowledge to be a decent legal recruiter. For anyone wishing to work in the same field, I’d only say that keep your eyes and ears open. Most importantly, build the best network that you can (a network is what makes or breaks a recruiter). You should enjoy being an all-round people’s person. The work is all about the trust that you gain with your clients and candidates alike so, keep the lines of communication flowing because after all, professionals are trusting you with their careers on the line.

    Lastly, as a lawyer or a recruiter, never lose hope. Be confident in your professional abilities and start! The world is out there. Good luck!

     

  • Prem Rajani, Managing Partner, Rajani Associates, on building a firm practice and experience in corporate law

    Prem Rajani, Managing Partner, Rajani Associates, on building a firm practice and experience in corporate law

    Prem Rajani graduated from Government Law College in 1990 and is now the Managing Partner of Rajani Associates which was established in 1999. In this interview he talks to us about:

    • His time in law school and how facets of the profession have evolved with time.
    • The importance of moots, debating and internships.
    • Building a corporate law firm profile.
    • Working in Structuring and M&A deals.
    • Advice for young lawyers today.

     

    How would you like to introduce yourself to our readers, most of whom are university going law students in India?

    Currently I am the Managing Partner of Rajani Associates. Rajani Associates is a full-service law firm based in Mumbai and established in November 1999. The Firm has been involved in domestic and international practice in nearly all fields of corporate law as well as commercial litigation and property law. The Firm closely works alongside firms in the US, Europe, Middle East, South East Asia and Australia to meet the needs of our global clients. Our areas of practice are Corporate & Commercial, Mergers & Acquisitions and Competition Law, Banking and Finance, Domestic and International Capital Markets, Private Equity, Corporate Litigation and Arbitration, fund Formation, Real Estate & Trusts, Projects and Project Finance, Technology, Media & Telecom and Intellectual Property rights, Corporate Debt Restructuring, Structuring, Anti-Bribery and Corruption.

     

    Tell us about your life before you joined law school. What made you gravitate towards law?

    Immediately after finishing with school and college (commerce faculty from Jai Hind College) I joined Government Law College. The paramount factor that made me take up law was my father’s business that had a lot of dependency on solicitors for preparation of legal documents. Alongside my studies, very early on, I started assisting my father with his business and as a result often met many solicitors. The manner in which solicitors conducted themselves fascinated me. I started getting drawn to legalities and the documents that were being prepared. There came a point that I became so passionate about the profession that I had no doubt left in my mind that a solicitor is all I wanted to be.

     

     

    You graduated from GLC in 1990. How were the days? What would you advise our readers is the ideal things to look to get out of university, other than a degree?

    During my time law firms did not retain interns for summer/winter training and as such work training for most of us did not happen till we joined a law firm as an article for solicitor examination training. Most of us therefore very seriously attended college and read books from the library. Today the trend has changed. Young students are getting a chance to intern at a variety of established law firms giving them a chance to know and practice law outside of books and may be college attendance has taken a backseat. However I don’t necessarily mean that in a bad way. I only do wish to suggest to the younger generation that along with collecting work experience they must spend more time reading Bare Acts and established commentary books rather than simply relying on test papers to clear examinations, because after all knowledge of Law is paramount and irreplaceable. The opportunity to participate in moot courts as a student is also great and every student must to his or her best ability try and participate in them, whether as the research team or on the argument team. Lastly, irrespective of which branch of Law one wants to profess, it is my sincere belief and advice that every law student must spend the first two-three years of his or her career practicing hardcore litigation.

     

    What were your areas of interest in the law? Did you engage in extracurricular activities while in college?

    During my college days my areas of interest were predominantly the Transfer of Property Act, Income Tax Act and a few other substantial laws (such as the Contract Act, Trust Act, Sales of Goods Act, and Negotiable Instrument Act). Somehow, I was not very inclined towards the constitution of criminal Laws. As mentioned above, in my opinion moot court competitions, mediation competitions and debates are extremely important both in terms of gaining knowledge and to get over stage phobia. I used to stand up and address the judge as well as counter the opponent quite comfortably, all of which assisted in my overall development.

     

    How must a law student decide on choosing his internships?  What criteria did you follow if any?

    As I stated earlier, during the initial days a student must try to do more of litigation and property Law and accordingly select law firms established in these practice areas. In my opinion, an understanding of these Laws builds a good foundation for the general practice of Law. However if a student is already decided and is highly focused on a specific branch of Law (such as IPR) then the student must select a law firm accordingly.

     

    Tell us about your internship experiences while at university. How did they aid your development?

    The concept of internship did not exist during my college / university days. What existed and what I did sign up for was articleship (a specialized training programme required to pursue the examination of solicitors). I for one had a wonderful experience during my articled days. I was fortunate to have not one but three brilliant seniors. The experience and exposure I received was unmatched and changed my entire perception towards how Law is understood, applied and practiced. During my articleship days there was no access to computers or search engines (life without which is unimaginable by many youngsters today). All research was based on the traditional style of referring to books and a physical library and most often but not self-interpretation. It helped us lawyers from those days to hone our research skills, develop our sense of interpretation and most of all gain an all-round knowledge on various topics of Law.

     

    What led you to gravitate towards Structuring and M&A practice? What opportunities may one find in this area?

    During 1990 private equities and IPOs did not exit much and as such the corporate world mostly comprised M&A activities. Structuring became a natural choice (and is now a hobby) considering the complex Laws, most of which keep changing from time to time and the fact that no single transaction can be considered  keeping in mind only one single statue. M&A transactions at all points require the analysation of various Laws. For instance issue of a convertible security must be analysed under the Companies Act, the FDI Policy, SEBI Regulations (for a listed company) and Income Tax Act and in certain cases special statutes such as the Banking Act, Insurance Act etc.

     

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    You were well placed after graduation with the then new Foreign Exchange laws coming in post 1991, an area you focus on. Having seen the law evolve and various sectors open up, how did this first-hand experience prove valuable?

    I am perhaps one of the few fortunate lawyers who saw the evolution of FDI from 1991 till date. Not only was I amongst those lawyers practicing the Law in 1991 but was also amongst those few who were then working in a corporate law firm. There has been a material shift from what Laws were in 1991 and what the FDI Laws are in 2016. One good aspect has been that during the past 25 years despite several Governments coming up no Government has reversed the FDI Policy. If at all, each Government has systematically liberalised the policy. The current Government has also been quite active and liberalised the policy significantly within the last 2 years. However, liberalisation at each stage has been well guarded and though one may find that there are still some restrictions, under the given economic situation of the country and the globe at large, personally I feel some of the restrictions and regulations are necessary in the interest of the nation.

    As for my personal experience, I have first hand witnessed the initiation and then the journey of FDI in this country. It has given me the advantage of knowing and understanding each stage of liberalisation. I have had the chance to follow why a certain sector was so heavily guarded and why certain sectors have slowly and gradually been liberalised together with the thought process for each change. All of this has made my journey as a lawyer very exciting.

     

    You have been ranked by Chambers and Partners and IFLR1000 as a leading lawyer for M&A in India. Could you tell our readers more about what this practice entails, for anyone who may be interested in taking it up?

    As stated earlier M&A is an interesting field of Law and one needs to have an overall 360 degrees view and knowledge of the various direct and ancillary Laws involved. For instance, in case of acquisition of a listed company by another listed company one needs to analyse the applicable provisions of the Companies Act, SEBI Takeover Regulations, Insider Trading Regulations, Listing Regulations, FDI Policy (in case there is a significant foreign shareholder) Competition Act, Income Tax Act, Stamp Act and in the event the target company is engaged in any specific sector (viz Banking, Insurance) then those specific statutes also need to be studied. Along with all of this, there is also always a complex grid of transaction documents to be drafted or reviewed. All of this needs proper synchronization amongst various service providers to ensure that both parties to the deal eventually get what they have bargained for.

     

    You founded a law firm that is doing very well today. What challenges do you think someone who wishes to start a firm or independent practice is likely to face? What would you advise them to do to mitigate such circumstances?

    The challenges faced by me when I started this law firm in November 1999 are different then what are faced by start-ups today. During 1990s, in a year only two or three new firms were registered or formed, while currently there are almost twelve to thirteen new law firms coming up each year. During 1990s, most founders /partners would usually have 10 to 15 years experience before starting their own firm; but of late I have seen that there are some of the law firm’s with partners having 5 to 7 years of experience. Some of the young law firms start out on the promise or assurance of a handful of clients and that is exactly where these law firms should be cautious, in as much as one cannot start the law firm on the strength of 4-5 clients promising some business. Also all clients at the end of the day expect quality work and at no cost should that be compromised on due to inexperience or the lack of a team.

     

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    Rajani Associates has consistently been ranked at the top in dealing with Asia-Pacific M&A. Has there been a specific push towards this sector and how have you remained the best?

    We are thankful that we continue to be ranked in the top in dealing with Asia-Pacific M&A. There is no specific push towards this sector. It is just that our work speaks for itself backed by the good wishes and recommendations of our clients and occasionally the counter parties in a transaction.

     

    As Managing Partner of the firm, what is an average day at work like? We would love to hear about the day-to-day responsibilities that need to be handled by someone in your position.

    I am usually in the office by 9:30 -9:45 a.m. and leave around 10:00 p.m., which is nearly 12 hours in the office. Though the Managing Partner, I still enjoy hands on work in any transaction, more particularly transactions that involve conceptualisation and structuring (whether Corporate or Litigation) and at times negotiations. During the day, in addition to working on some transactions, I also need to devote time to meet clients as well as discuss office related issues with the partners and occasionally also spend time with some associates. All of this goes towards grooming budding lawyers that are the future. No doubt there is a support staff, but there are occasions when some decisions do need my intervention. In addition to all this I enjoy speaking at Seminars (which requires me to spend more time reading and updating). And above all is the updates in Law. I spend my weekends reading the latest in Law, be it judgements or reforms in statutes or policies.

     

    What advice do you have for fresh graduates who are entering law firms as an associate? What can they be expected to be judged on?

    As I stated earlier, my advice to the fresh graduates is that they must spend at least the first two – three years in pursuing a litigation practice and amongst other substantial statutes they must read and understand Transfer Property Act, Sale of Goods Act, Trust Act etc. These mother Acts form the basic foundation of knowledge which sadly most of the young generation of lawyers are choosing to skip in the lure of directly studying and practicing the specialised statutes. Specialised statutes are very important but without the basic knowledge of substantial statues, young lawyers will find interpretation and drafting a legally enforceable document a bit challenging.

     

    Finally, what is your parting message for our readers?

    Unlike some of the other professions (Medical, Engineering, MBA) that have a high entry barrier requiring extensive hard work even before graduation, the legal profession has fewer entry barriers. Challenges for lawyers begin after they pass Law. The statutes keep changing from time to time, new judgements keep updating interpretations from time to time and more importantly one’s own ability to interpret Law develops from time to time. A lawyer is required to read and update himself or herself on a daily basis and throughout his or her professional career. A lawyer must have the passion for reading and must be open for different views or interpretations.

  • Hormaz Daruwalla, Equity Partner, Khaitan and Co., on a career in taxation law

    Hormaz Daruwalla, Equity Partner, Khaitan and Co., on a career in taxation law

    Hormaz Daruwalla graduated from University of Bombay in 1987. He started his career as an Advocate with Crawford Bayley& Company, handling cases pertaining to indirect tax under Mr Dadi Engineer.

    In the year 1992, Hormaz started his practice as a Counsel at the Bombay High Court and joined the Chambers of Senior Advocate Mr Atul Setalvad.

    Hormaz is well respected and is a specialist in the fields of customs, central excise, service tax, foreign trade policy, special economic zones, anti-dumping, VAT and other local levies. He is particularly sought for his opinions generally on law and on the subjects he specialises in. His experience in advising clients on issues pertaining to indirect tax litigation, structuring, planning and other related issues makes him a popular lawyer among corporates. What makes him special is his ability in arguing cases before different fora including the High Courts and the Supreme Court of India.

    In this interview, he talks to us about:

    • Importance of Indirect taxation as a subject for law students.
    • Is specialisation a good thing in today’s professional world.
    • What does it take to be a good indirect tax lawyer.
    • Steps to prepare for a difficult case.

    Most of our readers are young lawyers and law students. How will you introduce yourself to them?

    I am just one of them but only have been around a bit longer. The challenges they face today, I face too. The excitement and energy they feel, I experience too. Over the years the choices I’ve made based on my thinking has determined who and where I am in my personal life as well as my professional career today. I don’t regret the choices I made but will always say I could’ve done better though.

    Were you always clear about your career plans considering you pursued commerce and went on to graduate in law from University of Bombay?

    I started with the LLB course at the Government Law College, Mumbai in 1984. At the same time, I also enrolled for the Company Secretaries course of the Institute of Company Secretaries of India. In 1987, I completed the LLB course, enrolled for the LLM course and was in my final group of the Company Secretaries course. During this period there was only one thing that I was certain about, which is that I wanted to become a Counsel. I had no clue of what subject of Law I would, if at all, specialise in. In those days we never had an opportunity to test, check, see and feel the subject you would make a career of. There were no internships as we have them today, but all I had was an open mind and the determination to work hard to become a Counsel. Those were the days when one had to appear in matters in Court and one needed a certain basic understanding of the working of the system. Working in a Law Firm would be the best training ground to get that basic understanding.  My batch mate and good friend Rohan Shah, now Senior Partner at Economic Law Practices, who had articled at Crawford Bayley & Company told me about a vacancy there. Their Senior Partner, Mr Dadi Engineer was a leading expert in Central Excise and Customs Law and needed the services of an Advocate Assistant. So I joined Crawford Bayley & Co and I remember the monthly remuneration used to be Rs 1,680/- (and this was before ‘tax deduction at source’ days).Indirect Tax was something new to me as the LLB course did not teach us even a word about it. I didn’t know if I’d like it or have the affinity for it or be able to cope with it or had the aptitude for it. But, as I said, nothing else mattered other than getting an opportunity to get on my race track to become a Counsel.

    What responsibilities you were entrusted with in Crawford Bayley & Company?

    My three years in that Crawford Bayley & Company was perhaps one of the most important periods in my professional career. It is here that I learnt a lot of what I know today. Those were the basics and the fundamentals. The systems, organisational skills, planning processes and most importantly my thinking process on issues of Law, were all formed at this stage. Under Mr Engineer I learnt to draft replies to notices and appeals. I soon started appearing before Departmental Officers and even the Customs, Excise and Gold (Control) Appellate Tribunal as it then was. Mr Engineer gave me a free hand at appearing and drafting. During this time I also got a great deal of experience in giving legal opinions on issues pertaining to Indirect Tax, as also structuring of businesses. But I must mention one thing that I practiced then which I am very glad I did and from which I have abundantly benefited, i.e. I have never said no to any kind of work given to me. This is something that I would always advise students and lawyers at least in the early years of their career.

    Please share your experience with Senior Advocate Mr Atul Setalvad.

    At the end of three years, I started as a Counsel in the Chamber of Senior Advocate Atul M Setalvad, as Junior to Senior Advocate Darius B Shroff. Atul Setalvad was a father figure to all of us. Atul (he insisted we all call him by his first name) was known for his crisp, concise, lucid and extremely effective drafting. He had the ability of breaking down extremely detailed and confusing issues into short, crisp and simple issues and he would get to the heart of the matter within no time.“Get your facts right first” he would say. Then study what the Law is, then apply the Law to the set of facts and only then look for authorities and precedents. He would be critical of people, who had such an obsession for precedents, that no sooner than you state a problem they rush off to look for a precedent. He also taught us never to argue the unarguable. This and much more is what I learnt in that Chamber. More importantly, it was a great place to learn lessons in honesty, integrity and humility. The skills and abilities that I acquired at Crawford Bayley & Company got honed, polished and further refined in this Chamber. I continued as a Counsel until October 2014 and during this period I appeared with the same enthusiasm and preparation before the junior most officer of the Excise and Customs Department as I would when I appeared before the Hon’ble Supreme Court of India.

    What was it that moved you to join Khaitan & Co after many years of being a Counsel?

    Khaitan & Co has an Indirect Tax Team of over 15 people spread over Mumbai, Delhi, Kolkata and Bengaluru.  The Firm wanted the benefit of my experience of appearing before the Supreme Court and the High Courts in high-value matters.  As I had this expertise, it was a good choice for me. Over the last one and a half years I have enjoyed working with the team and appeared in matters before the Supreme Court, various High Courts and the Customs, Excise and Service Tax Appellate Tribunal.  I am thoroughly enjoying every moment with people more wonderful than I can imagine and having the best of both, Court work as well as Chamber practice.

    At Khaitan & Co we have the best of cultures and I needn’t stress more but only say that it’s a respectable law firm based on values of fairness, integrity, diligence and responsibility and part of its ambition statement is “Earn we should but with dignity and pleasure.” Wow!

    How important is Indirect Taxation as a subject for law students?

    Sixty percent of all Government revenues at the Centre are from Indirect Taxation. That will give you an indication of how important the subject of Indirect Tax is in today’s environment. Every business, profession or calling today experience challenges and problems with taxation and in particular Indirect Taxation. Indirect Tax is becoming the biggest single cost for most businesses and if they can save a couple of percentages on that, that’ll mean a lot of money to add to their profits.  With the negative list regime under Service Tax, there is hardly any activity that does not involve taxation. Corporates are constantly seeking advice and assistance on issues of taxation, which issues are getting more complicated by the day. Every amendment, even if for the purpose of simplification, poses further issues. As I see it, whichever subject of law that a young lawyer may pursue as a career, a basic understanding of Indirect Taxation is an absolute must.

    Which field of law will you advise law students to pursue?

    Over the years I have met many law students and young lawyers who find the subject of taxation per se boring. To them I say, “It’s all in your head”, which is a fact. Students today have such good opportunities to test what they would be best at and internships are fantastic opportunities to get over these mental blocks. Very often a student may have a special liking towards a certain subject and may have the aptitude and affinity for that subject. The student may also be indifferent or have a dislike towards another subject. This indifference or dislike is mostly due to ignorance and lack of exposure in the right manner to that subject of law. I would say to such a student to not waste his internship opportunity on the subject he knows, he has a liking, aptitude and / or affinity for, but instead use the opportunity to actually intern in a subject that he is wary about. This way he can get a more accurate and correct picture of the subject and can then make a learned decision about his career choice. The different subjects in this field of law are vast and varied. It is only the person himself who needs to decide his choice of subject. It would be rather foolish for anyone else to make this choice for him. I would advise the student, in making this choice, to necessarily have an open mind free from blocks and prejudices caused mainly by lack of knowledge about a subject. His decision will ofcourse be guided by his own likes, dislikes and which will be in line with his character and attitude. And I say that he will be successful in anything he does so long as he has the right mental attitude and is prepared to work diligently an thirdly of course he must enjoy what he does.

    Do you think specialisation is a good thing in today’s professional world?

    It does not matter really whether one specialises or has a general all round practice. What is important though is that you can equally excel in any subject of law that you may choose. I would say that ofcourse today is the age of specialisation whether it is in the medical profession or in our legal profession.  At Khaitan & Co too, which is the best full-service law firm, each area of practice is handled and headed by specialists in that particular area of law.

    I feel that very often, like it happened to me, a young lawyer may not specialise out of choice but may find himself guided into a particular subject and before he knows it, he is branded as  a specialist in that subject. It is that branding that ensures that he gets work only relating to that particular subject of law which further confirms his specialisation.

    How can one gain expertise in Indirect Tax? What does it take to be a good Indirect Tax lawyer?

    Indirect Tax is a subject that is very volatile as well as dynamic. This requires the practitioner to constantly be appraised of the changes happening almost every day. A lazy attitude in this regard will only mean instant death, so to speak. Only his constant updating of knowledge and information and ofcourse repetition can ensure expertise in this field. This I would say will also be true for any other practice area, but it’s more so true for Indirect Tax. The student or young lawyer desiring to take up Indirect Tax as his area of practice must necessarily be prepared to read a lot of material whether it is the constant changes or Government policies or Court decisions.  And remember, there are no free lunches!

    What has been your strategy to deal with errors and mistakes?

    The first step I believe one needs to take to deal with errors and mistakes is to admit and acknowledge them. Unless this happens, one can never go any further.  Once acknowledged, the next step is to understand how and why the mistake happened. This will enable the person to eliminate the cause and consequently future mistakes. Mistakes are a very vital part of the learning process, one must understand that the day you stop making mistakes you stop learning and you stagnate.

    What steps do you take to prepare for a difficult case?

    Preparing for a difficult case is something that I have learnt to enjoy and believe me in this profession and in the subject of Indirect Tax one can get ample opportunities for such enjoyment. To start with one needs to meet the client and listen to him carefully and attentively while he tells you all about his case. This is something where many people lack. Make copious notes and perfectly understand the facts. The next stage would be to study the various provisions of law that are applicable to the facts and then understand and set out precisely what issues arise in the matter. The wheat needs to be separated from the chaff, so to speak. It is only then, after breaking up the entire case into bits and getting to the heart of the issue, that one can start figuring out a solution or answer to the issue. The answer could be either a practical one or found in interpreting the law in a particular manner by application of well-founded principles or a mix of both. The last stage would be to support the submissions by authoritative references or Case Law as applicable.

    What are the preferred legal issues you like to work on? Do you have any hobbies that help you unwind after a long day at work?

    As I said I stopped having any preference for any particular kind of legal issues. What interests me though are issues that have an impact on public at large. I have always said to the tax collector “Tax if you must, but only with the authority that you may have and with the dignity that is expected of you”. In the same breath, I also say to the tax payer “Pay your taxes honestly and avoid if you pay your taxes only within limits a decent citizen would”. There is a fine line between tax avoidance and tax evasion and many a tax avoidance schemes can very well fall within the category of tax evasion. My advice to clients has always been to keep litigation to the minimum.

    All said and done, I thoroughly enjoy what I am doing now at Khaitan & Co, but do really miss what I used to do many years ago in often appearing for NGOs in environmental matters. I do try to pursue my passion for the outdoors with an occasional trek or hike and I always look forward to a long walk in the evenings to help me unwind.

    What are your views about the upcoming GST regime?

    The GST regime is something that has attracted a lot of speculation. I wouldn’t want to add to this. Though I will say that it is a brilliant move in the right direction made by the previous Government and we all eagerly await it’s coming into effect, I don’t see it happen in the near future.  When it does come into effect, it will have many advantages to businesses. However, in the initial years all prices will shoot up considerably and will take considerable time to stabilise. Although there might be provisions for rationalisation of the tax, as I said earlier any change in the law substantive or procedural will bring up a new series of litigation which will continue for several years until settled finally. This may be good news for young lawyers.

    What would be your parting message for your readers?

    Start getting lucky and courageous in your career.

    You might wonder what I am talking about but I do not subscribe to the conventional dictionary meaning of “luck” which is “Success or failure apparently brought by chance rather than through one’s own actions.”  I would think this is an apt definition of “gambling” but not of “luck”.  But I do subscribe to what the great Roman Philosopher Seneca had to say.  He said, “Luck is what happens when preparation meets opportunity.” Opportunities come by every person in equal amounts but it’s only the one who is prepared and ready for it, who can actually see them and make good use of them. It is he who is “lucky”.  The truth is, we make our own luck and the difference between lucky and unlucky people is their level of preparedness; not only of everything else but most importantly prepared with the right mental attitude.

    Everything is constantly changing; that’s inevitable.  Change will happen whether you like it or not.  Don’t be afraid to make choices.  The wiser thing to do is to model your choices around the change to your advantage or else the change may not be to your liking.

    As far as getting lucky is concerned, start preparing for it by developing the right mental attitude.

    Get up, Get going and Good luck!

     

  • Nitika Marya, Vahura, on recruiting junior lawyers

    Nitika Marya, Vahura, on recruiting junior lawyers

    Nitika Marya graduated from University Institute of Legal Studies, Panjab University, Chandigarh in 2013. She did her internships with D.P. Ahuja & Co ( Patents & Coprights Attorney) in Kolkata, Lenovo- legal department, Gurgaon, SPS Bhullar, Punjab & Haryana High Court and also assisted Sivana with their contracts- a Recruitment Company in Muscat.

    At Vahura, Nitika is specifically responsible for recruiting junior lawyers with an experience of 0 to 3 years in the Delhi-NCR region and also looking into Candidate engagement and Assesment. 

    In this interview, she talks to us about:

    • Her experience at University Institute of Legal Studies, Panjab University.
    • Primary professional ethics she follows.
    • Unconventional start to her legal profession.
    • Other fields a corporate lawyer can try apart from joining law firms.

    Most of our readers are young lawyers and law students. How will you introduce yourself to them?

    I am a consultant at Vahura, a specialized legal talent search partner and a People’s person. I love networking and learning more about people from different backgrounds and have always been a sports person and a health freak. I have learnt from the experiences and situations in life and focused on developing myself into a better person with every passing day. I like to focus on being positive and healthy and working hard in the areas of my interest. I always want to be curious in my life.

    Please tell a bit of what motivated you to pursue law as a career.

    I was always interested in exploring the nexus between law and the Government Services. I always wanted a career in the Defense Services and an opportunity to work with the JAG Department had always been the reason behind my choosing a legal education and career. I had an opportunity to witness the value of a strong legal education and the impact it could have on an individual and societal level. Thanks to my uncle who was a Sessions Judge in the Panjab and Haryana High Court – someone who influenced me greatly and has been a role model to me in my entire life.

    Tell us about your college life at University Institute of Legal Studies, Panjab University.

    I really immersed myself fully into the college experience. I was chosen to be the Class representative and was genuinely interested in my education and believed in the need for practical. I was always a volunteer for field work on a number of projects that included issues like drug abuse and rehabilitation. I was not a keen orator however but never shied away from expressing my opinions. I always participated in all the extracurricular activities and as is the case with most college students, I travelled extensively with my friends.

    Did you find that your law school education had prepared you sufficiently for the many tasks you were required to execute during your internships and later at your job?

    There was very little assistance with respect to recruitments in its own way though it made me very independent. The pressure of seeking my own opportunities helped me refine my research skills and organizing abilities, which is something I have carried into my career. In a sense, law school made me very self sufficient.

    What is your take on working at a smaller law firm in early years of career rather than working at a very big law firm?

    If you’re looking for greater professional exposure and independent experiences, it’s always good to work in a smaller law firm. A smaller firm provides its employees a more diversified profile of work and encourages an attitude that is increasingly less dependent on external guidance. Spending time in a smaller law firm invariably leads to greater confidence, post which is good for someone to explore other opportunities.

    What are the primary professional ethics you follow while at work?

    I try to reflect the clients and the candidates I interact with, ensuring that I am well prepared for all discussions and negotiations. Etiquette is important and I always like to ensure that I have a complete understanding of what works where. I like to think that I should strike a balance between confidentiality and transparency wherein I never over sell or attempt to make an opportunity or a profile seem like something it is not. I like to call a spade a spade and by doing so, I earn the trust of whoever I am working with – something which is very valuable to me.

    Why is there an unconventional start to your legal profession (joining Vahura)?

    As I mentioned earlier, I always wanted to get into law because of my interest in Defense. As I continued to research opportunities in the law, I realized that there were very few resources and people who could offer guidance to young law students, particularly those interested in a more holistic perspective that looked beyond the already existing, conventional choices. I wanted to act as a bridge between students and the system and my work at Vahura allows me to do just that. You could say that it’s a way of reinterpreting the age that if you want to change the system, you have to be a part of the system and with Vahura, I interact closely with legal professionals and the industry, gaining insights into its working every day.

    What gets you to wake up every day?

    I’m excited about my work. Vahura offers me the opportunity to meet people who are interesting. I love my colleagues and the time I spend with them at work is precious. I feel like I’m getting closer to bridge the gap between professionals and students– a purpose that initially led me to Vahura.

    What is the best thing about your present job?

    I love meeting people. Vahura has given me opportunities to organize and speak at various platforms like IDIA where I have the chance to interact with young law students who are seeking answers to questions regarding their career and educations. I also look forward to meet my colleagues everyday. I also love organizing events and Vahura allows me to be in the forefront of interesting, curated experiences such as the Private Commercial Mediation Conclave – a conference co-hosted by the Centre for Advanced Mediation and Practices. I have some great memories from the Vahura – IDIA football tournament held every year where members of law firms from across the country meet up to play against each other, in the name of a good cause. I have spoken to SSB Army aspirants about my experiences taking the entrance exams and recently spoke to the IDIA scholars about preparing for the civil services exams.

    I feel like I’ve evolved as a professional and as a person I’ve become more confident and less shy of my abilities. I am always curious and feel like Vahura pushes me to learn more and more about myself.

    What are the other related fields where a corporate lawyer can try their hand apart from joining law firms and corporate houses?

    Government services and the Defense offer a range of options – there are always opportunities in JAG and the Civil Services. In addition, there are a number of Start Ups and smaller firms that are constantly looking for enthusiastic, young lawyers who are hungry to learn more and work hard on the job. Big law firms and corporate houses needn’t always be the answer and if anyone is interested, I would always be happy to speak to them one on one to discuss their concerns and answer their queries.

    What would be the one misconception you’d say you’d always held about real life legal work till the time you were an intern but changed once you started working as a lawyer?

    At an internship I always assisted the Senior. I have now understood that I need to make my own decisions with respect to my career and my life.

    What would be your parting message to law students who want to be successful in law?

    I might be repeating myself however it is very important to always stay faithful to what you want to do. Even if what you want is not a majority opinion, that’s fine and this could still mean that you have opportunities ahead. You do not always have to go to a big law firm or corporate but you can always join a startup etc. and find yourself the way Vahura helped me find myself.

     

  • Kavya Nagaraj, Associate, Tatva Legal, on drafting legal due diligence report

    Kavya Nagaraj, Associate, Tatva Legal, on drafting legal due diligence report

    Kavya Nagaraj graduated from National Law University, Jodhpur in 2013. During college, she was on research work and has penned down a number of paper for various seminars. She also has an excellent series of internships with a mix and match of law firms and corporations. Soon after graduation, she joined Tatva Legal and at the time of this interview worked as an Associate there.

    In this interview she talks to us about:

    • Legal due diligence report and drafting of the same.
    • Drafting skills one must acquire.
    • Challenges faced while drafting an agreement.
    • How can one learn to draft a legal opinion.

    Tell us about a legal due diligence report and drafting of the same.

    Due Diligence is a broad spectrum of investigative procedures in relation to an acquisition of a company’s shares or of assets in a commercial context, a joint venture project, a debt transaction, a financing transaction, the issue of securities or other general pre-contractual inquiries.

    The legal due diligence report is a standard, detailed / brief (depending on the client preference) report comprising of particular sections relating to a detailed review of the target company and its business.

    Every Law Firm has a unique style of drafting, be it agreements or reports. In my experience of drafting one, the legal due diligence report consists of particular sections detailing the target company’s mechanism. To name a few sections, the report will include: general corporate, borrowings / lending, agreements, licenses, real estate, insurance, personnel, intellectual property etc.

    The main agenda is to get a clear picture of the activities of the target company, relating to the transaction and how it affects the client.

    What complexities are faced while preparing a due diligence report?

    During the process of conducting a due diligence of a target company, the lawyers representing the company and the client will have series of discussions in which the complexities, be it minor or major can be resolved amicably. If any such complexity is not resolved, the parties may decide to drop the transaction.

    Sometimes a transaction drops solely because a company would not have complied with all the rules and regulations which are necessary for a transaction. For that reason, Due Diligence is now finding deserved place in Indian Statues. Mandatory provisions have been introduced for conducting due diligence. This definitely makes it easier to both the parties in conducting a due diligence and completion of a transaction.

     How can one acquire drafting skills?

    One can be good at drafting only by experience. In my opinion, everybody has a unique style of drafting because of the language used, way of expression etc. So, one should be able to give the reader a clear picture of what they want to express or convey in an agreement. Being a lawyer, you tend to read a lot of agreements / contracts / opinions etc., which are involved in a transaction. Gradually, one will have an idea about what an agreement will consist of, which would help in drafting one on their own.

    What is the difference between corporate due diligence and due diligence relating to property?

    Corporate due diligence is related to a Company, LLP, Partnership Firm, a Promoter etc. whereas, the due diligence relating to a property is an investigation regarding the marketable title of such property, which is being dealt in a transaction. Property due diligence involves tracing of title from the beginning, examination of the revenue records and the permissions obtained by the concerned authority in relation to the property. The conclusions will be given accordingly.

     What is the difference between corporate legal team and litigation?

    There is definitely a big difference between the two. Corporate legal team will mostly focus on the corporate transactions like due diligence, drafting, review of agreements, providing legal opinion etc., whereas, a litigation team focuses on the process involved in a lawsuit, like the trial, hearing, legal action etc.,.

    In my opinion, both the teams work in a totally different manner. I have had a wonderful experience with the litigation teams during my internships. Right now, I am working with a corporate team. The work and the effort involved in both the teams are enthusiastic in their own way.

     What challenges are faced while drafting an agreement?

    Lawyers draft numerous agreements. The kinds of agreements we draft can vary from a simple two page agreement to an incredibly complex hundred-page tome.Of course, the complexity of an agreement depends on the type of the transaction.

    The main thing to keep in mind while drafting is ‘clarity’. A poorly drafted agreement increases the likelihood of litigation, and makes it a liability to all the parties involved.

    Lawyers who draft agreements should develop a drafting system, one that ensures that all key provisions are actually included. They also need to know how the key provisions should be crafted.

    One should be up-to-date on the current law and best practices regarding the transaction and should be aware of the range of strategic and tactical options so that he/she can advise the clients on the pros and cons of each.

    It is important to manage the clients’ expectations, i.e., what the client wants to see in an agreement; and should avoid unnecessary provisions which are out of context; and should ensure that the agreements achieve the clients’ purposes and are enforceable under the law.

     What are the common agreements you often draft?

    Sale Deed, Agreement to Sell, Lease Deed, Mortgage Deed, Development Agreement, Power of Attorney, Termination Agreement, any other agreement, as per the requirement of the client.

    How can one learn to draft a legal opinion? What challenges are faced while drafting?

    Legal opinions are used in a variety of situations. It is basically an opinion from the Lawyers expressing the legal conclusions or legal analysis of a particular transaction or a matter which is relied on by the addressee of the opinion.

    A legal opinion solely depends on the preference of a client. It may be needed for some transactions and for some it may not be necessary. The client specifically mentions about a particular area in which they need clarity on; the opinion given by the lawyers will depend on that.

    A legal opinion consists of an outlook on whether certain transaction documentation is valid and enforceable in a particular jurisdiction and complies with the local law of that jurisdiction. It may also be regarding satisfaction of certain conditions precedents in the transaction documents and will usually be required by the lenders to give them reassurance that the legal effect of lending in the transaction concerned is what they expect it to be.

    Drafting of a legal opinion, again, differs from firm to firm. A draft of a legal opinion might include particular sections namely: the background, documents examined, scope of the opinion, the opinion, assumptions and qualifications.

    The addressee of a legal opinion will be expected to and will actually rely on the accuracy of the opinion for the purposes of evaluating the legal risks of the transaction or the project. If the opinion subsequently turns out to be inaccurate or misleading in any way, the addressee of the opinion may be entitled to bring an action against the law firm issuing the opinion. A firm’s liability will depend on the wording of the opinion, however, it is for this reason that opinion will only be given after appropriate procedures have been completed by the firm in question and will usually expressly include certain assumptions and reservations upon which the opinion is made.

    What to keep in mind while drafting a legal opinion? Can you give some high top tips to draft a legal opinion?

    It is important to keep certain factors while drafting a legal opinion.

    The basic factor is the applicable law. One should have a clear cut idea about the law which is applicable to the particular transaction and should be able to identify the issues in compliance of the same.

    Identification of legal risks is also equally important so that the addressee would consider further and evaluate.

    Nowadays, because of advancement in technology, the clients would have already done a research on the basic issues and the law before offering the transaction to a law firm. So, it is inevitable for the lawyers to make an extra effort in giving flawless opinion regarding the transaction.

     

     

     

     

  • Rajesh Singh, Legal Advisor, on pursuing a career as a Managing Partner of R&S Associates

    Rajesh Singh, Legal Advisor, on pursuing a career as a Managing Partner of R&S Associates

    Rajesh has more than 19 years of versatile and enriching international experience advising corporate clients, CEOs, management members, boards, and business heads. He has worked in the role of General Counsel (South Asia) at 3i Infotech, Associate General Counsel at Capgemini. He has been legal adviser at senior levels in various MNCs, SMEs, and SSIs. He has been instrumental and trusted adviser in various assignments dealing with M&As, NeGP(PPP), international arbitration, dispute resolutions, Private Equity, M&A integrations issues, Labour unrest and unions matters, various matters at Ministry/EOW/Custom/DRI/ Authority, Company formation and registration (Singapore, ME & other Asian countries), data protection/privacy laws, Antitrust/Competition laws, litigations and advisory services for his organization in association with Amarchand&Mangaldas, DLA Piper, DH Law, JayeshAshar, Somandy and Associates,  Little and Company and so on.

    In this interview he talks to us about:

    • His decision to pursue law.
    • His views on career choices.
    • His experience as a corporate lawyer.
    • His advice to go for higher studies.

    How would you introduce yourself, given that most of our readers are law students, law aspirants or professionals in the legal arena?

    For my fraternity, I am one of their fellowship members consistently learning to strike a differentiator when had to compete with each of you at any stage of my life. When it comes to consolidating my energy, effort, and experience, I would like to be called as an astute corporate lawyer with 2 decades of exposure to fortunate opportunities of some international experience. My consolidation of knowledge primarily came from legal-advisory exposures on various corporate and legal activities that governed various businesses, industry, and geography, for the sake of brevity coined as “LexAdvisory”. Today, individually gaining core expertise in all aspects of LexAdvisory is practically not possible for an individual, so it is important to have a team of experts to stand behind an individual under the umbrella of an international advisory firm, like mine RSAA GLocalLexAdvisory Group….remember this is just a beginning.

    You are a B.Com graduate from the University of Mumbai. How did you decide to pursue LL.B.?

    To be frank, in those days of my initial career, my intention was to be part of management hence had immediately done Diploma in Business Management from Indian Merchant Chambers. I had no path to have a career in law. My work, assignments, and some personal and organizational challenge compelled me to do law, further to add, my attitude to have control over the assignment. I found, major snag was legal issues and challenges surrounding the assignment, so completed my law with my employment…

    How well did your experience in Mumbai prepare you for a life of academic prestige and professional success?

    Now, at this stage, after meeting law aspirants from various parts of globe, including the rural, remote and less fluent English speaking areas, I believe being in Mumbai or any similar city will always be to your advantage as the exposure to real-life incidents, ready infra, and occasions of deliberations always going to be a rich experience. Major change in me happened when I started working for global MNCs, because the perspective of life, changes when you enter into a multi-cultural environment. It grooms you differently, by influencing your thoughts, communication, stature, and appearance. It gives a different outlook to yourself and imbibes things to see the world through glass of multi-cultural professional approach, knowledge composition, and personal attitude towards clients (including internal clients) and also “Altitude”, I coined a new personal feature because I felt a point of difference in opinion of astute lawyers of different country not due to legal knowledge but the point of reference from where they see the applicability and feasibility, due to our respective knowledge-peak heights achieved in our respective legal jurisdiction or cultural and environmental sphere each of us belong to; or society that we belong that either regarded smaller issues in one country as high while another country discarded it low, e.g., Data protection laws are different from different countries and seriousness varies accordingly.

    What were the influences on your decision to pursue MBA in Human Resources? Why didn’t you opt for MBA after graduation?

    I was holding all portfolios jointly in a corporate support function and to pursue  highest qualification in Human Resource would help me count as qualified all round. During those days, I was dealing with massive industrial and personnel issues which were unnecessarily chewing away my time. I felt I lacked in understanding issues of management and personnel and at many times could not authoritatively provide solutions to blue-coloured and white-coloured differences. My intention was to stand as an adviser to the management board to tackle all corporate and legal issues; personnel issues were bothering me. I could not stand differentiator in my personal view while convincing management with a workaround was not making me happy.

    What are your views on career choices other than mainstream corporate or litigation streams such as teaching, etc.?

    Today, the corporates have started eying on lawyers to move in the business stream and contribute to business growth and expansion due to their legal analysis, meticulous practice, and advisory skills, taking risk stands minimized at the decision level itself far away to reach this stage but the world is progressing towards the same. Alternately, every individual should get involved in other streams of a career like teaching, etc., may be after gathering some work experience at corporate, law firms and independent practice because that will help relating knowledge with reality and make teaching more attractive and attentive for law students. The legal field itself is so broad that there is no need to move outside the legal stream.

    You have been a corporate lawyer for most of your career. What prompted you to take up corporate law? Share with us any experience which helped you to shape your career choices.

    In my view, corporate lawyer enjoys the power to advise business heads and largely is in a position to influence a decision of management wherever legal and compliance issues are a concern. Surprisingly, amateur corporate counsel also gets an opportunity to advise business heads in most of the corporate structure due to our ability to understand the law better than them and also professional independence is given in our day to day activity. It is your personal inquests and quests that helps you to choose the legal area that you would like to specialize in. The majority of corporate work largely deals with contract drafting and managing litigation in most of the organizations. Few organizations do have an opportunity to go into IPR, M&A, IPO, Financial Arrangements, etc. I have been fortunate to get all of these opportunities at strategic and compliance level, making my knowledge-base versatile, penetrative and probing.

    What falls within the scope of your responsibility? Tell us about a typical work day.

    In addition to above, as managing partner of international law firm, typical work day goes on strategic and management decision to structure the organization, improve the quality of service, monitor the vision and mission, inculcate good practices, motivate the team to support clients and give spontaneous advice to management or CEOs or Managing Directors of the organizations identified as a core clients. In personal observation supervise crucial and critical litigation to get appropriate knowledge and experience to tackle proceedings legally and administratively.

    What is the most challenging or stressful part of being a Partner at one of the most successful law firms in the country? Is it easy to have a work-life balance?

    Obviously, stress is part of your life be as an associate or as a partner because success of a law firm depends on how your conduct is with your client?; what knowledge and experience that you can bring to the pleadings, drafting and arguments? Besides, the challenge of face value in the court, unheard urgencies, few seconds to decide your interim success or failure may discourage your client to count on you even if you have the best army to succeed in a long run. All set and done, if you love your work, you can enjoy the challenges and heal your frustration through your internal mingling and by a sip of tea/coffee or by breathing out the failure and breath in the next moment to move towards your next achievement. Many times, time does not permit you to enjoy your success or cry on your failure as the clock of cyclic success and failure is so much inconsistent that you cannot carry one emotion for long.  Work-life balance is not a myth; you can achieve if you can start your day early and follow a disciplined method to retrieve your information and knowledge.

    What kind of effort should a young associate put into work to get it appreciated? What distinguishes an associate from a partner when it comes to work?

    There is no limit or difference in the effort; your contribution decides your fate and success as an associate. More the partner relies on your work and effort; the less the partner will supervise the associate work. Almost everything is expected to be done by the Associate under guidance and supervision of Sr. Associates, Partner or Sr. Partner. Largely, the scope is drafting, analyzing facts, and research the relevance to withstand weakness and strengthen merits of your matter.

    How important would you say are business development skills at such higher roles in a corporate law firm?

    Knowing the business is very advantageous at any stage of your career, because as a corporate lawyer, the more you know your business higher is the chance of bringing an appropriate solutions or advice. The business heads or management appreciates such corporate lawyer who can bridge law and business on a platter in such a way that both corporate lawyers and business can understand their perceptions and perspective. Besides business skills, the corporate lawyer should also work towards improving its Interpersonal skills, simplified and crisp communication skills. Team Spirit plays a vital role in large. And complex assignments as a collaboration of work is crucial to complete the larger picture as expected by the management within an expected timelines and quality.

    When you hire lawyers under you, what specific skills and profile do you look for?

    Already covered above, to broadly mention, drafting, knowledge seeker, independent in thoughts, out of box thinker, ready to work with right attitude, have excellent and simplified method of communications, ability to demonstrate and express his thoughts in clean and clear way, negotiation skills, etc

    If I want to be a legal advisor how would I go?

    Every aspirant should identify and understand legal and statutory compliance of the industry that you are focussing on. Gather relevant knowledge, team of business and legal experts working on challenges of the Industry, and form part of a forum that can either influence industry legislation or influence legislators by your thoughts, suggestions, recommendation, and actions. Once you have initiated in the above manner, invest your time to peruse legislation affecting such industry and observe live court proceedings in this regard. Peruse case laws and FAQs available on the websites of court and authority (you can refer various other means to get case research materials), to understand regular challenges faced and dealt by that Industry. This kind of development will help you to mature your understanding in respect of business nuances, court’s perspective (Ratio decidendi of the decision taken by various courts or counter arguments placed by other pleaders to understand the strength of your pleadings) and market dynamics. Focus one industry at a time. Target another similar industry, which is logically a business extension of the industry you focused on e.g. ITeS to IT, BPO to LPO, IT to Software Technology then Mobile Technology. Similarly, the logical expansion, in the process of knowledge gathering, is to experience litigation through Business Contracts by way of handling disputes under Alternate Dispute Resolution (eg Arbitration or mediation forming part of Contract; you can further deep dive in this area covering domestic and international arena of every country your organization operates its business); further to add, Contracts, generally, branches out to various legislation or points out to foreign legislation by way of its terms and conditions, hence, review of such clauses should be analysed in the light of such legislation to assess the risk and recommend mitigation plan or compliances there under.

    What would be your advice to students who wish to go for higher studies?

    Industry or legal area focussed diplomas or courses will help recruiter acknowledge your intent to practice in particular industry and legal areas. In India, degree in law, master degree in business administration (if you intend to practice as an in-house corporate lawyer) or master degree in law for practice in court; and any other diploma or courses will always be an added advantage. The student should work during their studies to ensure that business and practical sense is developed while studying and most of the reading will settle in your mind as your wisdom or knowledge.

    What would be your message to our readers who are budding lawyers and law students?

    Budding Lawyers and Law Students should be sincere, hardworking, knowledge seeker, opportunist, aggressive in work and humble in approach and communication; ethical and professional in conduct and approach, good listener, preach what you practice, and finally should have ability to convey your thoughts. Never believe that what you lost after your sincere attempts are the last opportunity for your life.

     

  • Roumita Dey, Associate, Agama Law Associates, on how to represent clients on behalf of the firm

    Roumita Dey, Associate, Agama Law Associates, on how to represent clients on behalf of the firm

    Roumita Dey graduated from Jogesh Chandra Chodhuri Law College (under the aegis of Calcutta University), Kolkata in 2015. At present, she is practicing corporate law at Agama Law Associates and represents clients on behalf of the firm on a daily basis.

    She drafts legal notices, legal responses, the case for opinion, Service Provider Agreement, Leave and License Agreement, IT contracts, Response/Counter-claim, etc. and is doing research work in all areas of law using Manupatra, SCC Online, Think Legal, Indian Kanoon, etc. research engines.

    She also writes articles on various areas of corporate law on a monthly basis for the firm’s blog and contributes legal updates/day-to-day legal developments in the industry in the update session

    In this interview she talks to us about:

    • Her experiences during the internships.
    • Primary essentials of a good corporate lawyer.
    • The kind of interest one needs to pursue law.
    • Current scenario of studying corporate law as a career option in India.

    What brought you into studying law as your profession?   

    I am a first generation lawyer in my family. I have chosen Humanities in my Class XII board exams and successfully passed with higher grades. Law was never in my mind that time. I was more inclined to do a simple graduation course and decided to pursue MBA later in my future. My father is a business person, and we have a family lawyer cum family friend who advises my father with regards to property related matters and also his business. My parents visited the district court in Kolkata for the purpose of property registration a couple of times and gradually influenced by seeing the lawyers advising their clients and arguing inside the courtroom. As a result, they encouraged me to take up law seriously, and I believe that my parents have seen that spark in my eyes that I was born to become a lawyer. However, I sat for the LL. B joint entrance examination of Calcutta University and have secured good rank and enrolled at Jogesh Chandra Choudhuri Law College, under the aegis of Calcutta University. To be very frank, I chose law pretty accidentally. It was more like law have chosen me and brought me into this profession. However, after enrolling myself in the B.A.LL.B course, I have started achieving good marks in the subjects and interned in big firms one after another and today I am a qualified lawyer practicing corporate law.

    Any remarkable experiences during your internships that shaped your career choices later?

    Yes, indeed the experience of working with different law firms helped me to take the proper decision of which law to specialize to flourish in my profession or I may say internship experiences shaped my career choices later on. I have done two litigation internships, where I was mostly allotted work relating to assisting senior advocate to draft affidavits, rejoinder, legal notices and to accompany senior associates to the court. Apart from these two litigation internships, I have also interned under a senior advocate of the district and sessions court (Kolkata) to gain knowledge of how the district court works, or I may say to witness the life of a litigant. However, frankly, I have not explored much during my internship days. However, after doing litigation internships, I have applied for internships in Tier – I firms in India like Trilegal, Amarchand & Mangaldas, a mid-sized law firm like Argus Partners, where I may get the flavor of corporate law. In light thereof, I have successfully interned in the aforementioned law firms and was mostly allotted research work relating to company law, securities and banking law, property law, electricity law and basic drafting work. I was also involved in the due diligence of QIP (‘’Qualified Institutional Placement’’)/due diligence of the private placement of a public company being undertaken under the supervision of the capital markets team of Amarchand & Mangaldas (Delhi Office). It was an excellent opportunity to learn and to get the chance to work with the seniors of one of the elite law firm in India. Trilegal also was another enriching experience to learn how to take the advantage of research engines and how to conduct research on case laws. These internships made me realize that corporate law is the field to explore, and there is a lot for me to learn in this field. Hence, I wanted to join a corporate law firm after graduation to be able to realize my potentiality in this field.

    What do you think is the kind of interest or aptitude one needs to pursue law?

    I am giving a quick snapshot of the abilities and skills/values; one should possess to become a lawyer or those who needs to pursue law in future. I believe the following list of core skills and values would suffice for every budding lawyer:

    1. Inquisitive: A good law student or an aspiring lawyer shall possess an inquisitive nature. Curiosity drives a person to probe and ask revealing questions. The inquisitive attorney will peel back the layers of a case, going deeper, asking for more information. This skill is necessary because it is often the small, unnoticed details that can make or break a case.  A good lawyer asks questions because they are not satisfied with accepting surface information. They know there may be more facts underneath the evidence presented.  Their inquisitive nature will push them to uncover that information.                                                                        
    2. Problem Solving Abilities: Being a problem solver is one of the root skills of any attorney. People hire lawyers because they either have a problem or are trying to avoid one. Possessing excellent problem-solving skills allow the lawyer to find solutions even when none are immediately apparent.
    3. Symptomatic Reading: Attorneys will have to read a great deal of material when they take on a client. It may be court documents, witness testimony, contracts, case law, or a myriad of other text. It is easy for anyone to skim over the information and take it at face value. Unfortunately, this can prove detrimental to a client. Moreover, law students or whoever would like to pursue law have to make a habit of reading much stuff.                                                                                                   
    4. Writing Skill: Having the ability to write well lays a solid foundation for all the documents a lawyer must write such as arguments, contracts, and legal letters.                                                                                             Written communication is a primary way that information is distributed and recorded.
    5. Conversation/ Articulation Abilities– Just as writing skills are essential, so too are verbal skills. An attorney will find it necessary to shift gears in their verbal communication style. One day they may need to speak in an authoritative manner with persuasive speech during an important trial. The next day a lawyer may need to meet with a grieving widow requiring sympathetic conversation in reassuring tones. Conversation skills are more than just the ability to say the right words. The words also need to be expressed in a proper manner.                              
    6. General Investigation/Research Skills: Law students and attorneys have to spend hours investigating and researching information for clients. Attorneys must be able to know how to perform research with speed and accuracy, and confidence in the authority of the source. If they do not know where to look for the right kind of information; their research may be flawed and inaccurate. If an attorney cannot investigate quickly, they may get bogged down and unnecessarily waste much time.    
    7. Organization / Management Skills: The attorney will also need to possess excellent time management skills. They will need to stay aware of deadlines, meeting schedules, court dates, and travel itinerary. Even simple cases will require some level of calendared items. Most attorneys will have to balance several of cases at once. This requires a high degree of time management and organizational skills

    What are the primary essentials of a good corporate lawyer? How do you say a fresh graduate can work on building these skills?

    In a nutshell, the primary essentials of a good corporate lawyer are as follows:

    1. Collaboration skills
    2.    Emotional intelligence
    3.    Financial literacy
    4.    Project management
    5.    Self-driven
    6.    Technological affinity
    7.    Time management, and,
    8. Hard working.

    A fresh law graduate should work rough day to earn these skills mentioned above along with lots of patience and effort.

    How can one learn to draft a legal notice?

    To draft a legal notice one should be aware of the relevant provisions of the Companies Act, 2013. If the notice is regarding asking information from the Company as a shareholder, i.e., ‘’Requisition Notice’’, then one should refer the provisions of Companies Act concerning inspection of books of accounts, register of members, financial statements, etc. If the notice is regarding mismanagement of the company, one should refer the relevant provisions of the Companies Act concerning oppression and mismanagement and should be aware of the Term Sheet of such company. If the notice is regarding employee dispute, one should be aware of the clauses of the employment agreement. Additionally, to draft a legal notice related to company disputes one should refer AOA & MOA of the Company along with the correspondences shared between the persons concerned.

    How can one legally update himself?

    One should spend time every day at least for half an hour to go through the websites like PRS Legislative, SEBI, RBI, MCA, CCI, IIPRD, etc. to update himself legally.

    Corporate Law sometimes comes with a humongous workload. What made you gravitate towards this field? How do you manage the workload and your personal life?

    To be very frank, for a fresher like me, personal life became a secondary or the least thing to bother at the moment. My priority is work and to learn stuff as much as I can to grow in this field. I work beyond my job hours and even in weekdays to finish my stuff. I never regret not attending my cousin’s wedding or other family events because of my engagement with my work. Corporate law is indeed very stressful for a fresher to pick up the work and learn from the senior associate or a partner in any organization. Frankly, I do not know how to balance work life and personal life together. I am not the perfect person to give advice on how to manage the workload and your personal life. However, one should take a break and refresh himself/herself whenever he/she can.

    What should a student do so that he gets placed in a reputed firm?

    1. A law student should have good CV with a handful of good internships, paper publications, and other extra-curricular activities to get selected for the interview at any reputed law firm.
    2. After getting selected for an interview, a law student, whoever apply to reputed law firms, should crack the interview at first go.
    3. I think, after cracking the interview in one go, half of the battle is won by him/her to get placed in a prominent law firm.

    Did you find that your law school education had prepared you sufficiently for the many tasks you were required to execute during your internships and later at your job?

    To be very frank and honest, I have studied in a traditional law school and hence, it did not prepare me for the tasks which I am required to do in the course of my employment with a law firm. Internships have given me the overview of how the law firm works and what kind of work an associate should do while working with a law firm after the graduation. I have simply learned from the scratch with respect to drafting and how to do an exhaustive research, from my partner of the law firm, where I presently work as an Associate. My partner teaches me every day from writing an email to the client to draft any document and what the exact format should be for drafting. She also taught me how to keep track of the clients’ mandates and how to keep myself legally updated to survive in this rat race of lawyers, and that is how I grow as a lawyer.  I think most of the fresher like me, whoever studied in any traditional law school learn everything from the scratch in the workplace where they join after their graduation.

     

  • Ankur Mishra, Associate Attorney, on how to draft patent specifications for Indian, Malaysian and Canadian Patent Office

    Ankur Mishra, Associate Attorney, on how to draft patent specifications for Indian, Malaysian and Canadian Patent Office

    Ankur Mishra graduated from KIIT University, Bhubaneshwar in 2013. At present, he is an Associate Attorney at KAnalysis Legal, New Delhi.

     

    He has an experience in drafting patent specifications for Indian, Malaysian and Canadian Patent Office. He drafts responses to objections in patent applications and conducts patent prior art search and trademark search. He also prepares Patent application, Trademark application, Copyright and Design registration applications.

     

    In this interview he talks to us about:

    • The importance of Science background for patent drafting and prosecution.
    • The importance of choosing honors in IP during LL.B. course.
    • The strategy before drafting and filing a patent application to avoid potential infringement.
    • Obtaining patent protection in foreign countries.

     

    Most of our readers are young lawyers and law students. How will you introduce yourself to them?

     

    Current Association: Associate Attorney at KAnalysis Legal, New Delhi. I graduated in B.Sc. LL.B (Hons. in IP) from Kalinga Institute of Industrial Technology (KIIT) University, Bhubaneswar in 2013. It is very important for a law student to decide the interested area of law in which they feel interested and comfortable to pursue their career. Since I opted for B.Sc.LL.B with biotech as a major subject in B.Sc., interest for Patents and general I.P developed in me. During the second year of the course, the students should focus on the interested area of law which they decide for their career. I decided to honors in Intellectual Property Law after the second year during my LL.B course. I interned at several I.P Law firms in their patents and trademark department which provided me the opportunity to learn the practical aspects of the I.P Law and then I was able to appreciate the theoretical knowledge with practical skills required for patent drafting and strategy for I.P rights. After completion of my LL.B course, I have been associated with I.P law firm in New Delhi and working in the areas of Patents, Design, and Trademarks law since 2013.

     

    Why is Science background necessary for patent drafting and prosecution?

     

    Science background is important for the drafting of a patent application and prosecution because generally the patent applications comprise of scientific terms. The drafter should have a sound knowledge of the scientific terms in order to draft an excellent patent application and provide the best disclosure without any confusion in the minds of the examiner examining the application. If the drafter understands the scientific terms, then he/she is able to appreciate the invention much better throughout the specification. Science background helps you appreciate the different compositions, parts, components or methods of the inventions. An invention may comprise of various scientific knowledge, methods or components which the inventor has disclosed to you along with the invention, but they all cannot be claimed, having a science background here will help you to highlight the portions of the inventions to be claimed. Science background helps you in preparing your submissions before the examiner during prosecution of the patent application. It helps you differentiate your invention from the other already existing prior arts.

     

    What is the importance of choosing honors in IP during LL.B. course?

     

    IP is an emerging field; IP plays an important role in today’s competitive world. A company with strong IP rights can flourish with a tremendous speed in the market. Companies, industries, and commercial organizations are becoming more diligent about protecting their IP rights and hence there is, and there will be demand for IP professionals in the legal field too. Choosing for honors in IP will provide students gain much deeper knowledge than the general IP course because in IP honors almost all the areas of IP are taught elaborately which will help during practical implementation. Since IP law is an emerging area in the market, those who are opting for IP honors will always be preferred in the IP industry.

     

    What is the importance of internships at IP Law firms?

     

    Internships in IP law firms provide the students to learn the practical aspects of IP Law. Internships provide the basic practical knowledge and skills required for starting a career in IP Law. Internships in IP law firms provide the student to learn the rules and regulations to draft and prosecute the IP applications. There are several forms which need to be filled and filed along with the IP applications in compliance with various Rules; internships provide exposure to those Rules and forms.

     

    What should be the strategy for drafting and filing a patent application to avoid potential infringement?

     

    The attorney should run extensive prior art search in order to determine the novelty of the invention. Sometimes it happens that the invention thought to be a novel by the inventor is available in the prior arts. If the invention is similar to already patented inventions, then it will result in infringement of the already existing patent. Analyzing the prior arts prevents the applicant from the huge loss of money and time if the invention is not novel because litigation and attorney fee may cause a huge expenditure to the applicant in case of infringement. So it is advisable that the applicant must always ask the attorney to do a detailed prior art search and provide an analysis of the similarities and differences between their invention and the prior arts. The applicant must analyze the Prior Art Report provided by the attorney and accordingly decide the future course of action.

     

    When should I begin investigating the patentability of my idea?

     

    The moment the inventor develops the idea for invention he\ she should immediately start searching for the relevant prior arts and determine the novelty of their invention. Delay in investigating the patentability may result in losing time and money to the inventor.

     

    What is the first step to obtaining a patent?

     

    The first step to obtaining a patent is to file a provisional patent application as soon as possible and then work on the invention thoroughly to file a complete specification within 12 months from the date of filing the provisional application.

     

    How long does it take to get a patent?

     

    It takes around three to four years in India and US to obtain a patent.

     

    Someone else is making or selling my patented device. What should I do?

     

    There are few steps required to be taken before determining the actual infringement by another party. First, you should compare your patent with that of the infringer’s products. It sometimes happens that the infringing product or method might seem to be the same as the patented one but they might very well different in the technical aspects. Secondly, the patentee should compare his/ her claims with infringing products or methods; then the patentee has options to proceed legally against the infringer. The patentee can send a ‘cease and desist notice’ to the infringer demanding immediate withdrawal from manufacturing and selling the products. The patentee may then offer the infringer to enter into patent licensing agreement. If the infringer agrees to enter into a licensing agreement, then it will benefit the patentee regarding royalty. If the infringer does not comply with the cease and desist notice then, in that case, the patentee has the right to file in an infringement suit against the infringer and claim monetary damages as well as an injunction.

     

    I would like to obtain patent protection in foreign countries. How should I proceed?

     

    For obtaining patent protection in foreign countries, the inventor should file foreign application within 12 months from filing the initial patent application which the applicant wants to take as a priority. The inventor can also file a single patent application under the Patent Cooperation Treaty (PCT Application) and take it as priority application to file a patent in signatory countries. The applicant after filing PCT application should file a national application in signatory countries within 30 months from the date of PCT application (31 months in a case of European Patent Office). The inventor can also directly file a foreign application with the respective Patent Office of any country where he/ she desires to obtain patent protection.

     

    What is the proper way to use a trademark?

     

    Before adopting any mark as a trademark for any product or services the applicant should first determine the availability of the mark to be used as a trademark. The applicant should request the attorney to conduct a search for the similar trademarks already applied, registered or is already being used by another party. If the mark is not being used, applied or registered by anyone then in that case the applicant should immediately file the trademark application. The applicant should use the applied mark extensively and if possible, should show the prior use of minimum three years before filing the trademark application. However, the applicant can also file a trademark application comprising any mark, logo or device which is proposed to be used by the applicant in future.

     

    Who can register a trademark?

     

    Any person including organization, associations or company who has been using the mark or intent to use the mark in future may apply for trademark registration.

     

    What are the steps to trademark registration?

     

    Steps to trademark registration are:

    (1)  Filing of a trademark application with a prescribed fee of Rs.4000.

    (2)  Issuance of an application number by the registry.

    (3)  Examination of the application.

    (4)  Issuance of an examination report comprising objections of the registry.

    (5)  Filing written response to the objections raised by the registry.

    (6)  Appearing in hearing. The applicant may also file an affidavit of use with supporting documents during the hearing.

    (7)   If the application is accepted, the registry will issue Letter of Acceptance and publish the mark in official trademark journal. The trademark application is open for the opposition after publication; the opposition should be filed within four months from the publication date. If there is no opposition, then the registry will issue the registration certificate.

     

    What guarantee is there that an application won’t be rejected?

     

    There is no such guarantee. There are several grounds prescribed under the Trademarks Act for refusal and removal of a trademark. If the trademark application abides by all the conditions and rules required for registration then, in that case, there are 100% chances of registration.

     

    What should be your advice to our readers?

     

    Intellectual Property Law is an emerging area as a career for law students. One who wishes to pursue IP as a career must be focused and shall study specialized course in IP. If a student possesses science background, then it becomes a bit easy for him/ her to draft and prosecute patent applications. Trademarks, Designs, and Copyrights are other IP areas which do not require much technical background, knowledge of general IP laws will help. Students should pursue internships in IP law firms to get practical knowledge about IP applications and their prosecutions.

    Individuals and corporates should be very diligent about their IP rights and should take all the measures to protect them because in today’s world ‘everything is IP and IP is everything’.

     

  • Mini Gautam, Independent Legal Consultant, on being in-house counsel, and writing a book

    Mini Gautam, Independent Legal Consultant, on being in-house counsel, and writing a book

    Mini Gautam graduated from ILS Law College, Pune University, in 2010. Presently, she is a Senior Manager in the strategy and planning department of one of the leading infrastructure finance companies in India. She plays a key role in legal strategy and transactions crossing a certain level of criticality and threshold.

    In this interview we speak to her about:

    • Challenges associated with being an in-house counsel
    • The recruitment process in her company
    • Writing her book and the publication process

    You are working in the strategy and planning office of your company. How different is that from a regular legal function?

    I am working in the strategy office of Srei Infrastructure Finance Limited, one of the leading infrastructure finance companies in India with operations of affiliated entities extending into the oil, power, construction equipment leasing, and telecom sectors. The quality of work here is superlative. We are expected to not just pick up and read laws, but to structure and provide practical and workable solutions. The motto is to try and furnish the solution; not just identify the problem. That has helped me to look at everything from a commercial and systematic point of view.

    I don’t want to delve into the philosophy or art of law anymore as a commercial lawyer. I want to know what is it that affects my organization and to what extent. That’s it. Once I have that base knowledge, everything becomes easier.

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    What are the essential requirements that a law student must fulfill in order to pursue a career in financial services? 

    CA, CS, MBA are really helpful for working in corporate law. I don’t have any of these degrees and some of the people who I have had a chance to work with and who have a good grasp of the law and a clear understanding of concepts, do not either. So I will be compelled to say that degrees don’t add the kind of value that practical experience does. In my experience, I have found that the harder and harder you work, the more the number of hours you put in and as a lawyer, that’s pretty much all you need to be successful.

    How would you describe the roles and responsibilities associated with being a senior member of your organization?

    Thankfully, I have been given a good role in my organization. I would think corporate in-house wise, this is probably the best exposure a person can get. The scope of the work is diverse and spread across multiple sectors; so there is never a boring day or repetition of any kind. The learning curve is really good.

    Why did you shift from a mid-sized law firm to a company?

    Moving in-house from a mid – sized law firm was one of the best decisions of my life. Working in-house has made me appreciate and soak in one thing, the beauty of business. The kind of challenges involved in running a company, whether they be on a day to day and operational perspective or whether they are from a structuring and transactional viewpoint. While being in a law firm may help you understand the academic and doctrinaire aspects of law, in-house heaps a whole lot of responsibilities on you that are fundamental to the functioning and sustenance of a corporate house.

    What are the challenges associated with being an in-house counsel?

    The biggest challenge of working in-house is balancing legal and business needs and aspirations. You have to learn to pick your battles wisely; some things you fight tooth and nail for, some things you let go and live to fight on another day.

    As in-house counsel, you have to be thorough with the business requirements; every decision you make is crucial and may have spill – over effects over a long duration.

    You don’t have that much scope to go wrong or make a mistake. Your business teams rely on your judgment entirely. Once you have taken a call, that’s that.

    Would you hire a hard working student or a street smart one? 

    We are always looking for hard-working students to come on board. The willingness to work hard and yes, to some extent, the ability to work smart is the key differentiator between students who get selected as opposed to those who don’t. We don’t want to know how much you already know as a fresher; because trust me, you know nothing. We just want to know how willing you are to be remolded and recast; everyone starts at zero.

    What do you see in candidates when you go for recruitment? 

    While conducting an interview, the one thing that matters the most is the sincerity of the candidate. It is the single most important and deciding factor and is much more relevant than grades or moot courts or paper publications or internships. The practice of the law in any setup is a hard and challenging job. It requires patience, commitment and a dedicated number of long hours. The process we follow for recruitment is giving out assessment internships. We believe that gives both us a chance to review the candidate’s work and also the candidate an opportunity to understand the way we function and most importantly, our thought process. Training of resources necessarily involves having colleagues who can understand the “why” of what you are talking. Once that happens, you don’t need to micromanage or recheck work.

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    What is the role of a mentor in any job?

    A mentor is probably the single most important influence on a job. The majority of people quit their jobs because of the kind of boss they had.

    A good mentor can change your entire perspective regarding your job. The idea is not to micromanage your resources but impose faith in them; so that they take on responsibilities themselves and feel like they are adding worth to the larger scheme of things. One of the biggest mistakes I find is employers who keep repeating phrases like“one will leave ten will come”, “nobody is indispensable,” etc. especially in Indian law firms where the general assumption is that law students are being manufactured by the dozen. A good mentor will make you feel valued so that you put in that extra effort.

    An excellent resource is not easy to find and tougher to retain. Do we really want automatons who will pop out drafts and agreements without application of mind and more importantly, without an iota of genuine interest in what they are doing or do we want genuinely interested, inspired and initiated individuals who are strategically important cogs in the wheel.

    As a mentor at some point in time you will need to realize what is it you are looking for; a false sense of power at keeping track of what time your employees entered and when they left office even if they are playing candy crush under their desks? Or can you let your employee manage his own schedule, deliver good quality of work to you and if required is ready to put in 200% of what his or her capabilities are.

    You can only be a good mentor to someone if you are free from insecurities yourself, and most importantly when your focus is on getting the job done rather than just purely wanting to harass another individual. Your mentee’s growth is also a part of your own.

    What are the challenges associated with being a woman?

    Generally, I don’t feel biased against in any manner being a woman working in a corporate set-up. It is only when I attend meetings and find that in probably eight out of ten I am the only woman in the room that I realize that something is wrong with not just our country but the world over.

    Women generally start with great careers on the same footing as men. But as they move ahead, they fall behind. Marriage, children, the excuses are plenty. Yes, I understand women who are staying back at home to raise kids and look after their families are probably doing something much more worthwhile than what working women can achieve in their lifetimes. But I really hope that these are genuine cases of a voluntary choice made by a woman and not a manipulation or a societal unsaid and yet undeniable obligation.

    What are your long term goals?

    The journey may have been hard and stressful at times but if given a chance I wouldn’t want to change a thing and would retrace my steps to exactly the same destinations. While good experiences are comforting and encouraging in life, it is the bad ones that teach you in ways nothing else can.

    Honestly speaking, I fail ten times a day. I make mistakes, take wrong decisions, don’t understand certain things, may not be able to articulate myself properly, stand up for things that may not be so important while ignoring the ones that really matter, the list is sadly endless. If two years ago somebody had asked me what your weaknesses are; I would have given some smart alec answer and said my only weakness is that I don’t have any. Today, I have matured and understood myself and the world enough to know that I am far, really far behind where I want to reach and that it’s not such a bad thing. I have understood that making mistakes means learning. I have realized that perfection is a notion, not a reality; and you should never aspire to perfection. You should only aspire to growth.

    It’s hard to say what I am seeking or where I am trying to reach with certainty. As of today, I love my work and my job. It is fulfilling and satisfying. But yes, a job cannot be a long-term goal.

    There has to be some ideology or philosophy you subscribe to; something that you are so passionate about that it wakes you up every day with a cheerful buzz in your heart. I am in pursuance of that passion; hope to reach there at some point.

    What would be your advice to our readers?

    My advice to readers especially law students is please don’t take life too seriously. Nothing is life and death issue; definitely not jobs and placements. A job is a means to an end, not an end in itself. Keep your priorities in life clearly demarcated.

    Loved ones always come first, and in that list, you should put your own name on top. If anything makes you feel depressed or unhappy or dissatisfied; there is just no need to do it. There is no rush. Life is not a race. Don’t be in a hurry to get somewhere. Enjoy the journey; the journey is what life is.

    Congratulations on the release of your new book, The Gutter Princess ­ Diary of an (Un)Willing Prostitute. Where did you draw your inspiration from for this book?

    I have always been inspired to write on subject matters which are more relevant to women, how a sex worker came to be the protagonist of my first published novel, is a question I cannot answer definitively. I believe the fact that we do not feel any empathy for women who are prostitutes by choice made me feel really pained from within, because I knew that the word choice was being misinterpreted. A society which cannot provide education or means of sustenance to so many of its members, does not get the moral high ground to judge a woman who chooses to earn a living through an honest means of employment. We cannot accept such women in our fold, whereas we do not give a thought to the men who are availing their services. The fact that our society, or probably any society, carries double standards and prejudices against women is known, the question is, what we are going to do about it. This book is a simple attempt to do something about it.

    What inspired you to consider writing as a serious endeavour? 

    I have been writing since I could hold a pen, it is an outlet for me to express my emotions, happiness and frustrations. I don’t know how I would classify it, as a serious endeavour or as a hobby, one sounds too professional and one too amateur. Writing is a form of art, and it’s hard to classify or compartmentalise art. The only thing that matters is the joy it brings to the artist. I write because it makes me feel happy; the entire process of starting with a word and ending with a tale, a story revolving around characters. The more real and convincing your characters are, the more successful you are as a story teller. Fiction is a bad word; it feels “made up” and “fake,” while it doesn’t have to be so. A story of made up characters can also be as real as anyone’s life story, it all depends on where it takes the reader. I find it sad that people are losing the habit of reading due to time constraints; it is so much easier to curl up on your sofa with Netflix than to do so with a good book. But studies have shown that watching the television can add to depression while reading actually helps in developing cognitive abilities and gives you experiences the telly cannot. There is increasing awareness towards physical fitness; I wish we could also lay stress on mental well – being.

     

     

    What authors or writing would you say has influenced your style of writing? 

    I keep my writing original, and for this reason, I never give my work for feedback or reviews to other people (only exception being my husband) while I am writing, I don’t want my work to be reminiscent of someone else. I read a lot, and have read extensively from classics to contemporary literature, but when it comes to my own writing, I like to keep it as simple as possible, almost as if I am in conversation with my reader. I feel the current market is ripe for such writing, and readers are also in favour of titles which they can resonate with. However, this is no reason for the market to be flooded with only coming of age romance novels, and it is high time it opens up to other subject matters as well. A light, breezy novel is always welcome, but sometimes you need something more, something which makes you think and shakes you from within.    

     

    What are the challenges and learning opportunities that you were faced with in writing this book?

    The biggest challenge for me was that I didn’t want to base the novel on research; I wanted it to come out as a story and not as a documentary. I was writing about the life of a sex worker, but as a form of fiction, and that made it hard. I wanted to write about sexual abuse freely, but you know how it is in our closed society. I received some reactions from readers saying the language was too raw or harsh for them to accept, especially for people from older generations, but that they otherwise loved the content. I accept that with grace, and do not find it upsetting that some people did not like the language as long as the overall message hit them, and they could empathise with the protagonist.  

     

    Being a lawyer involves a lot of drafting and writing; would you say that your background and experience has helped you shape the novel that you have authored?

    Yes, there are fields which may be mutually repellent and there might be ones which don’t really attack each other, but which can go hand in hand. The legal profession is largely one which can accommodate a lot of things, you find many lawyers pursuing their other interests as well. I don’t perceive it is because the profession is less demanding, but because it follows simple common sense and analytical thinking, and therefore a good lawyer can be a good CEO or a good sports analyst or anything else he wants to be. I believe we are blessed, being lawyers, the field is vast and encompassing, and if you really apply yourself, there is a lot which can be achieved while continuing with the practice of the profession.  

     

    Would you consider moving into writing as a full-time occupation?

    I think the moment we make something our full time occupation or profession, we stop enjoying it, and I don’t want to do that with something as pure as writing. I also enjoy being a lawyer, and I don’t feel the need to give up one to pursue the other, not as yet, at least. I write in an erratic and eccentric manner. There are times when I have written five thousand words in a day, and then there are months when I haven’t written a word. I don’t like to force myself to write, but generally, I do keep writing for my own happiness and satisfaction. To honestly answer the question, yes, I am writing another book, whether I will publish it or not, is something I will decide based on how the book shapes up, if it shapes up at all. I started with writing on simpler and sweeter things, but after writing one book on prostitution, I found that a pen is a good weapon to hit masses with, and when you have that kind of an instrument at your disposal, you should wield it wisely. My current book is also on a social issue and has flavours of human bondage in it, but again, I am not sure, when I will complete it, I don’t like to put a deadline on something I am enjoying so thoroughly.

      

    How do you manage your time between your professional commitments as a lawyer and your passion for writing?

    The answer to this question is in the question itself, as you rightly say, it’s a passion, and we can always take out time for something we feel passionate about. The problem generally is not with lack of time, but with, lack of time management. I write because I need to write, it’s almost an involuntary emotion like hunger. As long as I don’t need to complete books based on deadlines, I don’t think the two would have a problem in co-existing. I don’t want to dilute the quality of my writing, and so I’d rather stick to fewer book releases but more meaningful ones. Meanwhile, it’s super being a lawyer.