Tag: Corporate

“Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt”- Somdutta Bhattacharyya,Partner at Argus Partners
This interview has been published by Priyanka Karwa and The SuperLawyer Team

Tell us what inclined you to pursue law as a profession?

Well there is no inspiring story here unfortunately. I did choose science as my study stream for my plus two boards, but that was because my parents initially wanted me to become a doctor. Law happened pretty accidentally actually! It was more like law chose me. My uncle, who is a lawyer at the Calcutta High Court, told me at that time of the emergence of the national law schools across the country and the bright, young graduates these institutions were producing and suggested I should try taking the exams for these law schools. I only took the exam for WBNUJS, Kolkata (ours was the last batch who took individual law school exams instead of the CLAT) after preparing for about a month. The results came out about two weeks before the boards and I was very happy to find that I had gotten through. I decided that this was what I was going to pursue and make a career out of. And that is how it happened.

Do you have any mentors so far that helped you so far in this journey, and how far do you consider the role of mentors crucial in the industry?

Yes of course. You cannot grow as a professional in the legal industry (or for that matter any industry) without the help of your mentors. A good mentor will teach you so much especially as a litigating lawyer – the art of a good draft, how much to say and what not to say in Court, how to strategize a matter etc. Whatever little I am today I am because of some excellent mentors I have had in the industry.

Why does Corporate law attract so much attention? What makes it so unique?

Well it would be easy to say that it attracts the attention of young graduates because of the money on offer, but that would be a shallow perspective. If you do not like and enjoy what you do on a daily basis, you will not stick around or grow, no matter the money on offer. This is why you see attrition rates are so high in the bigger law firms. However, if you like what you do, then the sky is the limit. Speaking personally, as a Disputes lawyer, I love the challenges of my job day in and day out. I have to keep our clients happy and they must feel comfortable to repose their trust in their high stakes, valuable matters in me. I have to advise them correctly, guide them down the right path, put every ounce of research and knowledge into these matters so that their chances of success are enhanced and they know that they are in safe hands – it is a challenge I am up for every day of the week.

How do you manage your time schedule on a daily basis and what drives you to be consistent?

I would not lie, law firm life can be pretty demanding – whether you are an A-1 level associate or a partner, every day brings its own challenges which consume most of your time. I have varied interests apart from law – I love reading fiction, watching sports especially football, spending time with my family and my dog. While most of my time is taken up by my work, I ensure that at the end of the day (no matter how late it is) I am taking an hour or two out to do these things I love – read a bit, maybe watch a film or a game of football, take the dog out for a walk, maybe go for a run or a long drive sometimes. It rejuvenates me and helps me face the next day with the same enthusiasm again.

What differences have you noticed in international arbitration and national arbitration, I mean what’s more challenging amongst both?

Both bring their own challenges to be honest. In an international arbitration, you are bound by the procedure of the institution under whose aegis the arbitration is happening – SIAC, ICC, LCIA etc. and the procedure is much more streamlined as opposed to domestic ad hoc arbitrations. Also, in international arbitrations you often have to work in close collaboration with foreign lawyers or law firms, and therefore seamless execution of the work can be a challenge as well as a learning experience at the same time. On the other hand, in domestic arbitrations, especially ad hoc ones, arbitrators adopt their own procedures and therefore the same may be different from one arbitration to another, and you are constantly adapting as a lawyer to make the best case for your client. However, arbitration in India has been developing at a fast rate, and amendments to the statute in 2015 and 2019 have ensured shortening of timelines and streamlining of overall procedure, and I believe the future of arbitration in India is very bright.

Do you believe that AI will lead to data breach and violation of privacy, if yes, how can it be mitigated?

I am not a data privacy lawyer and therefore I am ill-equipped to answer this question. My opinions on AI and data breach are based on what I have read in popular media, and I do not want to adopt a conspiratorial tone for your readers without in-depth familiarity with the issue myself.

Few tips for our readers that helped you as well in this journey?

First of all, you must decide what you want to do. Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt – you can be a corporate lawyer, a litigating lawyer, an independent practitioner, an academic or venture into public policy. Do not follow the herd- look into your heart and see what you really want. As I said before, if you are not finding what you are doing everyday exciting or challenging, there is no point doing it. Also, no matter which path you choose, there is only one mantra of success for all of them – read. You have to read constantly as a lawyer, you have to keep updating yourself. Law evolves constantly, you can never be a good lawyer if you are not evolving with the law as well. That would be my two pennies for your readers.

Get in touch with Somdutta Bhattacharyya-
- LinkedIn
March 17, 2023
“While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners
This interview has been published by Priyanka Karwa and The SuperLawyer Team.

Ma’am, as a conversation starter, our audience would like to know about your story of being a Lawyer.

I didn’t start off wanting to be a lawyer. I took up commerce after Grade 12 and completed my graduation. I enjoyed accounting but I didn’t really see myself doing numbers. It was a very critical time of my career and I starting thinking what to do next – MBA or law or something else. I don’t have lawyers in my family so it was not an obvious choice for me. But I thought law college would be academically challenging and interesting. It really wasn’t until I joined Government Law College and started my articleship with Ms. Kalapana Merchant at a solicitor firm that I thought I would like the pace of law. One of the things that I liked about my articleship was that it gave me a flavour of different streams of law i.e. corporate, intellectual property, real estate and financing . After graduating from law college and qualifying as a solicitor, I decided to focus on corporate law as it excited me the most. I have worked as a lawyer for about 15 years. Currently, I am a partner at Quillon Partners, a law firm which focuses on M&A and private equity.

Being into the legal profession, you must have heard things like “real-estate is not for women”, what are your views upon this?

While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field. Fundamental changes introduced in the real estate laws by the Real Estate (Regulation and Development) Act, 2016 have led to greater transparency in the real estate sector and women lawyers no longer shy away from entering this sector.

Could you tell us about your struggles as a woman lawyer?

There was a time when I wanted to focus on my family. I like to try different things – so I took up knowledge management (KM), business development and human resource which are very different and interesting roles. While knowledge management was nascent in 2011, law firms had started giving KM importance with several laws undergoing changes e.g. the Companies Act was completely revamped in 2013. During this time I also got an insight into Business Development. Often different roles, help you to draw from one to the other. While I did KM, the corporate experience I had helped me and then when I went back to doing corporate law – the KM and Business Development experience helped me immensely. I still continue to be involved with the KM, BD and HR functions of the firm.

We see a lot more women lawyers now. However, as one progresses up the ladder of seniority, the scales start to tip with a decrease in the number of law firm partners being women. This landscape is starting to shift and many Indian law firms like international law firms are now working consciously towards inclusiveness and gender diversity. Personally, I have had very supportive seniors at Quillon Partners and they have been very encouraging.

Please shed some light upon your role as an M&A Lawyer.

The role of an M&A lawyer varies from transaction to transaction depending on the kind of the transaction and who you are representing (e.g. buyer, seller, company). M&A lawyers have a versatile and extensive role throughout the transaction. All the legal mechanics of a transaction, including negotiating and drafting agreements to reflect a commercial deal, arranging finance and liaising with the client and their other advisors. Typically, in most transactions, it involves advising, planning, structuring, due diligence, drafting of the transaction documents, negotiations, obtaining regulatory approvals and finally closing of the transaction.

How do you see the M&A sector in the coming 5 years?

Globally there was a dip on the deal street in 2022 due to several factors, including war and inflation. India seems very attractive to many global firms post Covid with investments in China taking a back seat. Mergers and acquisitions in India are expected to increase in 2023. The deal market is expected to be active in several sectors such are pharmaceutical, technology, infrastructure and healthcare. Therefore in-bound M&A investments are likely to increase. Out-bound foreign investments are also on a rise with the recent changes to the regulatory framework. India is expected to be a very attractive investment destination given the benefits of demographics, cost arbitrage, presence of large consumer market and democratic stability.

Coming towards the end of the conversation, could you tell us three qualities which an M&A Lawyer must possess?

Constant thirst for knowledge– legal technical knowledge is important but learning can’t stop with formal education. We have opportunities to learn new things in just about everything we do and from everyone we meet. It could be learning from a past deal, keeping oneself abreast with new laws, adapting to new technology, or learning people skills, it is a constant never-ending process.

Being organised and structured – usually in most deals, time lines are tight and one needs to break the tasks and prioritize work streams in order to be able to service clients efficiently. Keeping an eye on the ball is key.

Enjoy what you are doing – there are often personal sacrifices, sometimes long hours and only if you enjoy what you are doing, it’s worth it.

Get in touch with Shriti Shah-
- LinkedIn
February 20, 2023
“There may be times when I fail or stagnate, but it doesn’t demotivate me”- Vaishvi Khare, IP Attorney | Corporate Lawyer| Media & Entertainment Lawyer
This interview has been published by Priyanka Karwa and The SuperLawyer Team

So Vaishvi, what was your motivation behind choosing to pursue law as a career?

Law as a career is a very zestful practice and you will learn something new on everyday basis. I firmly believe in acquiring knowledge and develop multifaceted skills from wherever it is possible. I did actually wanted to serve people in some way or the other and choosing a career in law was the answer to this! As, Henry Beecher said “A law is valuable, not because it is a law, but because there is right in it”. I therefore wanted to educate people on their rights and help them if they get stuck in any legal trouble.

Please elaborate about the role of a Media and entertainment lawyer.

As a media and entertainment lawyer, we have a crucial role in advising individuals, companies, and organizations in the media and entertainment industry on legal issues related to the creation, distribution, and exploitation of content. The responsibilities of a media and entertainment lawyer can include:

Reviewing and negotiating contracts: This may include contracts for the creation, distribution, and exploitation of film, television, music, publishing, and other types of content.

Advising on intellectual property issues: This may include trademark and copyright protection, licensing, and disputes over the ownership of content.

Advising on regulatory issues: This may include advising clients on laws related to advertising, broadcasting, and telecommunication.

Advising on talent representation: This may include advising on the negotiation of talent agreements and representing talent in disputes with their employers.

Defending clients against lawsuits: This may include lawsuits related to defamation, invasion of privacy, and infringement of intellectual property rights.

Advising on mergers and acquisitions: This may include advising clients on the legal aspects of mergers and acquisitions within the media and entertainment industry. Overall, Media and Entertainment attorneys are essential in guiding their clients through the intricate and often changing legal environment that surrounds the media and entertainment sector.

We would also like to know about the award you received for the outstanding Leadership Award in Law 2.0 conference and what it took to win that award?

Law 2.0 Conference was held in Dubai, UAE from 16th to 18th December 2022 where in total six conferences were scheduled. I was awarded for the Outstanding Leadership Award in the Law 2.0 Conference. We also had an opportunity to connect with people from different sectors and learning their synergies. I was also a panellist for a panel discussion which was on “How to protect your brand in the Digital Space”. I would say as a result of my diligence and enthusiasm for the legal sector. I was the one who studied and kept up with my social life while I was attending law school. I firmly believe in striking a balance between my personal and professional lives, therefore when I was a student, I gave my coursework my all-out love and dedication, and when I was with friends, I had a blast. So work life balance is very important in today’s life. As a first-generation lawyer, I had a lot of challenges landing internships and starting my own business. I made a lot of mistakes, but in life you learn from them and become a better leader. Therefore, in my opinion, the reason I won is because of my passion, my willingness to learn new things, and my positive outlook.

What do you like to do in your free time?

Spending time with my family, my three dogs, and going on trips with them are some of my favourite things to do when I have free time. Due to my conviction that everyone should lead a healthy lifestyle, I often practise yoga and meditation. Additionally, I enjoy trying out different foods. I enjoy listening to new tunes, cooking, and watching movies and television.

Given that you have expertise in IPR policies, what drawbacks do you see in our current IPR laws?

According to me, these are some drawbacks to the current IP laws that are often discussed:

1. Complexity and unpredictability: IP laws can be complex and difficult to navigate, especially for small businesses and individual creators who may not have the resources to navigate the legal system. This can make it difficult for people to protect their creations and to know if they are infringing on someone else’s rights.

2. Slowing down innovation: IP laws can also slow down innovation by creating barriers to entry for new businesses and individuals who may be building upon existing innovations. This can result in a reduction in competition and progress in certain fields.

3. Cost: Obtaining and enforcing IP rights can be expensive, which can make it difficult for smaller entities and individuals to protect their creations. This can lead to unequal protection of IP rights, where only those with the resources to afford the legal process are able to protect their innovations.

4. Imbalance in power: The current IP laws often favor large companies and organizations over individual creators and small businesses. This can result in an imbalance in bargaining power, making it difficult for smaller entities to negotiate fair terms for the use of their creations.

5. Limitations on access to knowledge and information: IP laws can limit access to knowledge and information, making it more difficult for people to build upon existing innovations and create new ones. This can result in a reduction in the flow of ideas and creativity, which is essential for progress and innovation. These are some of the drawbacks of current IP laws, and while they are important to consider, they are also challenges that can be addressed through ongoing efforts to reform and improve the IP system.

In order to end this conversation, kindly tell us about the things which keep you motivated in your area of expertise.

As I already mentioned that, the legal field can be intellectually stimulating, as it involves continuous learning and staying up to date with new developments and changes in the law. As a lawyer, I really enjoy learning and being able to help people with my knowledge and skills keeps me motivated. Also, my desire for success drives me to do well. What motivates me to keep going is the knowledge that my diligence and tenacity will enable me to experience more professional achievement. One way to do it, in my opinion, is to have the company’s goal and values coincide with mine. Knowing that my efforts are on the right track motivates me to exert greater effort. Success is therefore vital to me on a personal level as well as an organisational level. The growth of the company, which ultimately results in success and personal achievement, provides motivation. There may be times when I fail or stagnate, but it doesn’t demotivate me. On the other hand, I feel re-energized and ready to work harder. Regardless of the situation, what keeps the fire burning within me is the taste of achievement after a setback.

Get in touch with Vaishvi Khare
- LinkedIn
February 10, 2023
Woman in the Real Estate sector: a Discussion with Veena Krishnan, Partner at SAMVAD: Partners
This interview has been published by Priyanka Karwa and The SuperLawyer Team

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

I chose law as a career only because I cleared the entrance test conducted by NLSIU and felt that it would be beneficial if I studied at a University par excellence. I did not even consider law as a career and wanted to become an engineer. Out of the myriad of entrance exams I wrote, my parents had gotten the form for the NLSIU entrance exam and I simply wrote it on a whim. I have not regretted the decision since.

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

I wanted to become a practicing lawyer and be based out of Bangalore. At that time, finding good law firms was a challenge and it was initially difficult for me to find a good law firm to work with in Bangalore.

Since you have also been a part of PoSH and the statutory Prevention of Sexual Harassment, do you think it is implied in local committees where women are neglected in informal sectors?

The Local Complaints Committee is a saving grace for women in the informal sector. As far as other establishments are concerned, there is a mandate for a POSH Committee but the LCC helps domestic workers and informal workers who may not be working in an organizational setup.

Talking about work-life balance, there has been an ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

I have by and large managed to strike a healthy work-life balance in my sphere of work. Some of the practices I would recommend are – daily exercise and physical activity which would lead to a healthy body and mind; any form of spiritual practice such as yoga or meditation which would enable the mind to stay calm; also while it is important to work hard and strive for professional success, it is important to keep a mental distance from success and failures and not get too attached to the outcome of one’s efforts; time management and conscious utilization of each minute of the day is very important.

Among all the aspects, i.e, lease and purchase of office spaces, stand-alone buildings, IT complexes, land, and properties conveyed by government entities such as the KIADB, etc, which one do you find the most interesting and challenging?

I find the lease of office spaces and acquisition of land parcels most challenging in terms of the title and documentation issues that arise in these transactions.

Any road-maps that were followed by you, that you would like to share?

Spending time with family and friends; keeping a mental distance from my successes and failures; not comparing myself to others who are more or less successful than me (this consumes a lot of brain power and is a drain on one’s energy); emphasizing on teamwork and delivering quality work to the client and investing time and energy in helping juniors learn the ropes.

What advice would you give to someone considering a real estate purchase?

It is important to make a commercial decision first on whether this property is suitable or not and then look at the legal aspects. The title and other aspects may work fine, but there are several instances where legal things are fine, but it does not work commercially for the client.

What advice would you give to young law professionals?

Take your time and be patient to settle down in an organization, do not be in a hurry to jump jobs; be proactive in asking seniors for work and actively working on seeing a transaction to closure rather than simply doing the work allotted to you; when you are assigned work, do not simply sit down and start on it, but figure out the transaction structure, ask to be included on client calls and meetings. Do not compare yourself to your peers, as each lawyer’s journey is different; work hard and you will surely find success.

Get in touch with Veena Krishnan-
- LinkedIn
February 4, 2023
Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

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

While growing up, I remember my mother telling me that she always wanted to be an advocate. However, since she came from a humble background, she could not pursue it.

As they say, “When it comes to life, we spin our own yarn, and where we end up is really, in fact, where we always intended to be”, somewhere, I believe that destiny had a major role to play while I chose to study law and pursue it as my career since I was very inclined to pursue fashion designing.

God has been very kind to me, I have met some wonderful mentors during my journey who have constantly guided me through. It has been an eventful journey, very rich in terms of learning, not monotonous. I feel that I am fortunate to have discovered on how to be assertive and support the business while not losing my own ground. That’s the best part, isn’t it?

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

I moved out of the ‘city of dreams’ after pursuing law from Government Law College, while I had a PPO in my hand just to feed my own curiosity of what’s in store for me in a new city, in a new role? I just wanted to understand how a company works and what role does a lawyer play in building it. Many of my friends chose to work in law firms but somewhere I was determined to pursue an in-house role in real estate.

I am a very passionate human being and an extrovert as well, and I feel that it somewhere affected my first promotion. Early on, I remember when I got rejected for this promotion, I felt devastated. It undoubtedly was one of the first failures which I had tasted. I had been an academically bright student who predominantly scored well and therefore, it took a lot of time for me to heal.

During this phase, while I was trying to find job opportunities and relocate myself to Bombay, I largely faced rejections. I remember, feeling miserable about myself and questioning my own skills and choices. I held my patience and kept myself motivated and as they say “Tough Times Never Last, but Tough People Do!” and some fantastic opportunities came my way.

As I progressed in my professional journey as an inhouse counsel, I learnt a little later in life that you need to be very solution driven towards the business. A strict ‘no’ to a business proposal even with a solid rationale is something that may not work.

Among all the specializations, i.e., drafting, vetting, due diligence, risk mitigation, which area of law is the most interesting to you and why?

Risk mitigation to me is the most interesting. I believe that this exercise teaches you to research the moot points, evaluate and assess the business proposal accordingly. Alongside this, it also makes me build and present the best and worst business case for my stakeholders.

Having said that, doing due diligence and creating an title trail as a real estate lawyer is also challenging and interesting at the same time. As you may know that the land laws are very region specific and even consist of cryptic language, hence to derive and create a title trail is both complex and absorbing.

Jyoti, how do you balance your work and personal life effectively?

I believe that I am organised when it comes to my work and personal life both, which makes it very easy for me to balance both effectively. I love to travel which means I take frequent breaks and therefore planning is the key. I often try to work backwards which gives me immense time to think, strategize and plan my work and life, both. By following this thumb rule, I do not procrastinate and stress myself. I believe that work is an integral part of my life but not my whole life.

What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?

I do not see it challenging if someone from a non- legal background starts one’s journey as a lawyer. Having said that, the choice of a law school is very integral. I am proud to be a GLC’ite. As a student of GLC, I had the freedom to explore different fields of law by interning with law firms/ companies, senior counsels, or maybe just venture into a different horizon altogether. It essentially gave me time to introspect and perspective on who I want to become and most importantly how I want to be.

I am a first generation lawyer and feel that I have an advantage here, as I have the freedom to make mistakes without feeling any threat of being judged. With each mistake that I have committed, I have learnt to be wiser. All of our journeys are different and they can be absorbing yet very fulfilling, if we see from the right lens. We just have to dive in deep and we shall definitely find our way, the perspective has to be right.

What is a typical day like for you?

I am an early riser and start my work day usually around 9-9:30AM by checking/ replying to emails and messages. I, then write my to do list (and sometimes also get overwhelmed with the tasks that I have put down for myself to be completed in a day!) and then get started with the projects that have my top priority. I find that I am most productive during the day, hence I try to read as much as I can so as to advise my stakeholders on their business proposals or build strategies to move ahead before I start to jump into meetings and commence the contracting work. Before ending my work day I mostly look back and assess what’s one new thing which I learnt today. This is one of the ways which helps me to be grateful to the job that I do.

Jyoti, could you highlight some of your success habits that enable you to meet your goal?

The most important success habit which has always helped me to achieve results is discipline. I live by the principle that “discipline is the bridge between goals and accomplishments”. Discipline helps me in taking charge of my own life be it professional or personal; it also helps me to train myself much ahead in time.

I also feel that performing yoga consistently, pursuing my hobby alongside work and travelling has helped me to largely reduce work fatigue.

Last but not the least, I feel that we must trust our leaders, mentors, team and colleagues. I fully echo the thought that together we can do so much, togetherness comes with a team and teamwork begins by building trust. With my own experiences, identifying and trusting my mentor/ leader and building a team has helped me in facilitating my accomplishments much earlier.

Lastly, what advice would you give to someone starting out?

For someone dreaming to choose law as their career, I believe that you should first assess if you are passionate towards pursuing it. One must be brave and also wise to assess what is the right thing to do. You also have to be patient in this journey and not fear to evaluate yourselves in different fields of law. To conclude, I feel that one must believe in oneself, have faith and make your own country proud.

“Every accomplishment starts with a decision to try”.
-JYOTI KAPOOR

Get in touch with Jyoti Kapoor-
- LinkedIn
January 11, 2023
Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

What was your motivation behind choosing law as a career?

Whilst growing up, the law always fascinated me. For some reason, there is a lot of misconception surrounding law as a profession. I was discouraged at many points in time by a lot of people from taking up this profession as well. However, I was determined to study law. My parents have been my biggest supporters and were overjoyed with my decision. Initially, I was intimidated by it all but gradually I started enjoying the learning process.

What are the challenges that are faced by budding litigators at the start of their careers?

With lakhs of students graduating from law schools/ colleges across the country, every year, the competition for freshers is fierce, to say the least. Not only to get a job, even to get an internship with a reputed firm, it is tough process.

It is important to gain exposure through internships and identify their ultimate area of interest within the law. In my second year of LLB, I was certain that I wanted to be a litigator and hence started my association with a reputed law firm in Mumbai, first as an intern and then as an articled clerk.

Freshers and interns are at the bottom of the hierarchy and are taken most advantage of, especially in litigation. In order to gain exposure, many a times, they agree to work for a miniscule amount or at no cost at all. I was blessed and privileged enough to not have any overheads. However, it is tough for a lot of freshers and interns to work without any salary stipend.

What are your thoughts on “Arbitration” as a mechanism for dispute resolution?

At the outset, I’d like to say that there is a noticeable shift during the course of the last few years. Contracts/ Agreements have but naturally become more arbitration centric. It is very rare that you would come across a contract/ agreement nowadays which would not contain an arbitration clause. Not only is Arbitration effective but it is also a speedy mechanism for dispute resolution. Having said that, arbitration has also got flack for being a “luxury” litigation i.e. there is a substantial amount of expenditure involved to conduct the same.

How do you make pleadings/ contracts understandable/ more accessible for your clients?

I enjoy drafting! It has always been a complete joy and pleasure for me to draft pleadings and other documents. Not all our clients are fellow lawyers and not all of them have any legal knowledge. The key to make you pleadings/ contracts understandable/ accessible to your clients is to keep your drafts as simple and concise as far as possible.

Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

The legal profession is a demanding one. Urgent matters and tight deadlines are a common feature. Its only but natural that in such a demanding environment, individuals are exposed to high amounts of stress. In order to maintain balance, its important that one takes time off and undertake any activity(s) which helps them to relax. Mental health issues are often overlooked and not talked about.

Do not let this go unchecked and seek appropriate help. Nothing is more important than your health. As cliched as it sounds but “health is truly wealth”.

Lastly, what advice would you give to someone starting out in the field of litigation?

My advice to freshers and interns who want to be litigators, would be to read up on the various statutes. Sadly, there is a noticeable lack of knowledge of basic provisions of the CPC, in a lot of juniors, which is your foundation. Being in the legal profession, you never stop learning. Its constantly evolving.

Therefore, I think it is also very important to be abreast with the latest developments and judgments.

Lastly, hard work is definite key to success in this profession. More the effort you put into it, the more results/ benefits you can reap out of it.
– MAHAFRIN MEHTA

Get in touch with Mahafrin Mehta-
- LinkedIn
January 9, 2023
Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat With SuperLawyer Sharing Insights On Insolvency & Bankruptcy Laws and Building a Career in Law
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

WAS PURSUING LAW PLANNED OR DID IT ALL HAPPEN BY CHANCE?

As a child, I was fascinated by the thought-process and lifestyle of my father’s Uncle, who was a leading lawyer. Neither my father, who’s a senior physician, professor, and an eminent author, nor my mother, who’s a children’s author and educationist, quite liked the idea that I should become a lawyer. In fact, while I was still in school, my father, in order to dissuade me, once took me to Patiala House district courts. However, despite the existing chaotic conditions, I found the experience exhilarating. The laws, their technicalities and interpretations, enthralled me. I found the nuances of court-craft electrifying.

A fire grew in my belly that I must become a lawyer and serve the people to find justice. My alma mater, National University of Juridical Sciences, Kolkata, and the many internships that I did in my student days, stoked the flame. My passion grew into an eternal romance. The magic lives on each day.

COULD YOU SHARE WITH US WHAT WERE THE INITIAL STRUGGLES IN YOUR CAREER AND HOW YOU MANAGED TO OVERCOME THEM?

I began my journey with Trilegal, one of the best known corporate law firms in India. It was a hard 24 × 7 grind. I learnt a lot. Still, a year on, I decided to step out, leaving the comforts of a large well endowed law firm.

With my family’s help, I took the plunge of setting up a chamber practice. Initially, the going was rough. I had to hunt for clients, execute the job without the help of a filing clerk, and with nobody to vet my draft. I worked hard to preserve the family’s deep moral fibre, meet the clients’ aspirations, and leave a mark by my out-of-the-box well thought out arguments on points of law. With both my parents being senior government functionaries, who never needed to ask anybody for the services they gave, I found it difficult to ask clients for the professional fees.

The trials and tribulations of being a first generation lawyer are many. You learn many a lesson the hard way. Drafting, filing, curing defects, and ensuring that the matter gets listed, has its own set of hurdles. Over time, if you are diligent, observant and passionate, the pieces begin to fit. Like a defiant jigsaw puzzle, which you eventually tame.

Learning the secrets of good filing, acquiring skills to not let flaws that lead to multiple objections during filing, and a well thought-out tidy draft ensures that half the job is done. Contrarily, a draft with multiple failings, ensures that the judge may lose interest in the case on the very first day.

WHAT ARE THE AREAS OF LAW THAT YOU PRACTICE?

Be it any area of law, its fundamental doctrine is to mete justice. As a practitioner of law and an officer of the court, my duty is to ensure that my clients receive justice. I do not carry any prejudice, bias or preference for any particular branch of law.

Law schools teach you laws that apply to each sphere of human life. However, most people tend to think that law students from their early years must elect a particular subject to practice. This is a myth, which must be decimated.

My legal practice embraces all areas. I strive to learn more, know more, and tread in all realms of law.

I also do not hesitate to appear before any Court of Law. Be it a district court, tribunal, high court, or the supreme court, wherever my client needs me, I must stand. However, until now, my most regular appearances are at the National Company Law Tribunal, where I took the first guard and began my innings.

WHAT ARE THE MOST IMPORTANT CONSIDERATIONS TO KEEP IN MIND WHEN DEALING WITH INSOLVENCY AND BANKRUPTCY ISSUES?

The Insolvency and Bankruptcy Code, 2016, is still in its early formative years. It has a number of grey areas. The laws are in a state of flux and evolution. The code is experiencing constant changes. Staying updated about these changes is a basic.

Further, the laws of the Insolvency and Bankruptcy Code are rapidly developing as an emergent and effective alternative to consumer court and civil courts. They allow for a speedy resolution.

HOW DO YOU KEEP UP WITH THE QUICK CHANGES IN REGULATIONS AND LAWS IN YOUR FIELD?

I am an avid reader. I thrive on regularly reading Bar and Bench, Lawsikho, Legallyindia and a number of major national dailies, which publish, discuss and debate news about the changes in regulations and various laws. The judgments and updates on IBCIndia and livelaw on my handphone keep me abreast of what’s happening in the legal field.

LEGAL TECH POSES CONSTANT THREAT To PRIVACY STANDARDS, WHAT EFFORTS DO YOU MAKE TO REDUCE THIS THREAT?

With the rapidly growing dependence on legal technology, privacy is increasingly becoming a casualty. Eliminating its threat is not easy. To cope with the risk, and to uphold confidentiality, we often keep only the hard copy of a sensitive document. This may seem old school, but it is safe. Safely kept external hard drives are another good option.

OF THE CASES YOU’VE WON, WHICH HAS BEEN THE MOST CHALLENGING AND EXCITING?

Several cases come to my mind. My team and I have been a part of number of landmark judgements which we have won against all odds in favour of our clients.

Of recent, we successfully defended a resolution plan before the National Company Law Appellate Tribunal. In this case, a small splinter group of homebuyers had turned against a resolution plan. Internal politics had blinded them and they had challenged it. Being a counsel for the resolution professional in such a landscape carries the risk of multi-fold criticism, particularly since the law is silent on multiple issues. The key lies in striking the right balance. We laid the foundation of our defense on solid technical grounds, which was found to be satisfactory by the Hon’ble tribunal. Our clients, accused of siphoning 650 crore rupees, were granted bail by the Delhi High Court.

Our approach always pivots upon path-breaking, out-of-the-box thinking and robust arguments. As an officer of the court, our first and foremost duty is to serve the interest of justice, while we do our best to uphold our client’s interest. Protecting transparency and integrity is a critical component of this drill.

Let me also allude to another recent landmark judgment, wherein we ensured that our client, charged of GST defraud, was released on bail without a pre-deposit.

DO YOU BELIEVE THAT FREELANCING CAN HELP IN CAREER GROWTH IN THE LEGAL PROFESSION?

Unless tempered with three to four years of experience under a learned counsel, or a law firm, freelancing is neither easy, nor fulfilling or supportive of a career growth.

Of recent, several young, inexperienced lawyers have taken to imparting advisory services, despite having frugal or no understanding of the law. They often fool the clients into believing their credentials. Such a practise is crassly unethical, and may tarnish the reputation of the legal profession beyond repair.

If a young lawyer were to take wings under an experienced, knowledgeable counsel, and then soar into the sky, freelancing can be a boon. It can help you build into being a versatile counsel or advisor.

HOW DO YOU MAINTAIN THE WORK-LIFE BALANCE?

Life has three integral components — you, your work and your family. You have to strike a balance between them. Finding quality time for all three is the mantra to success. I love chanting and little walks by myself. They help me find mental peace. I relish my work. It is my passion. It is the mornings which I devote to my family.

WHAT STRATEGIES DO YOU USE TO ENSURE THAT YOUR CLIENTS RECEIVE THE BEST POSSIBLE?

We believe in offering personalised services to our clients. We place ourselves in their shoes, and think of the best possible solutions. Our motto is to try and ensure a cent percent client satisfaction by being honest and candid with them. At the same time, we never give up and look at novel approaches to find relief for them.

HOW DO YOU PREVAIL WHEN YOU ARE FACED WITH ROUGH TIMES?

Just as the darkness of night is followed by the break of dawn, just as spring follows in the footsteps of winter, bad times, difficult times also do not last. They just herald good times! So it has been in my life.

Be it good times or bad, it is best to keep your chin up and fight the odds. Keeping the team motivated in the dark hours is key to a beautiful morning. We function       like a family, where each member of the office gets respect, recognition and reward. We are one when faced with challenges.

LASTLY, WHAT ADVICE WOULD YOU LIKE TO GIVE TO SOMEONE WHO’S CONSIDERING A CAREER IN LAW?

The leading rule for the lawyer, as for the man of every calling, is diligence and devotion. Make this combination more potent by fuelling it with passion and an out-of-the-box thinking. Temper it with experience. This is the best recipe for any law student.

Believe me, books can never suffice. With rote learning, you may ace in Law school, yet, you may fail altogether in the court of law. Practical legal experience has no substitute. Rock-hard internships with a knowledgeable experienced counsel, a good law firm, will serve you well.

A career in law requires you to live it, romance it, each moment of your being. You must not focus on application of the code of law, rather than just knowing its alphabets.

Get in touch with Apoorv Agarwal-
- LinkedIn
January 3, 2023
Dr. Abhimanyu Chopra, Partner at AZB & Partners In Conversation With SuperLawyer On Careers in Technology law & Many Other Options In Same
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

What was your “slam-book career aim”? How well did it go?

There wasn’t any slam book career aim as such, but if I have to consider the pivotal point at where I figured out what to do in life that would be in my second year of law school, where I had a couple of friends leave for national law schools after the first year and that made me think about the next steps in life. After that there was no looking back, I interned and mooted whenever and wherever I got a chance.

All of the internships I did were with different types of organizations involved in diverse areas of law. The aim became to explore and experience everything in law to find my niche and I continue to follow and give the same advice to my juniors and peers as well.

For a law student, one must keep on getting evolved and updated with all areas of law to be a jack of all trades and to figure out what is one’s own perfect field to master.

As for how well it went, I leave that up to others to tell me.

You did LLM and now PHD from well-known universities, how do you carve out time for different responsibilities?

Honestly, if you ask me about the higher degrees (both LL.M and my PhD) was solely because of my mother, who wanted me to have a “Doctor” in front of my name and nothing more. I don’t see myself reaching here without her nudge.

For the remainder of this question, “It takes a village to raise a child” for which I am extremely grateful to my seniors, mentors and colleagues, who stepped in and allowed me those absences from work and always had my back and encouraged me to do it and fulfil my mother’s dreams both professionally and personally. (It’s also one of the reasons that the Acknowledgement part in my thesis is over five pages long)

On a side note, I encourage all students to keep studying alongside work and learning new areas of law in the early years since time is a commodity, which you have plenty of in your early formidable years and scarcely later in the profession.

You were an avid mooter in law school. Do you believe that mooting helps law students to face real-life scenarios?

Absolutely, I believe that every law student should at least try one external moot during their stint in law school.

Mooting not only helps to figure out one’s likes or dislikes in the area of the specialization but also builds the fundamental traits required for an advocate. It helps you to think on your feet, research areas of law and recent issues which you remember forever and more often than not makes you more focused towards your final goal alongside making bonds of friendships with your batchmates and friends even stronger.

Nowadays, besides Mooting, there are a lot of different opportunities for law students such as Client Negotiations, ADR/ Mediation Negotiations, Model United Nations etc., which I believe all students should work on. I have been judging some of these new formats of competitions and it is pretty interesting and a good way of improving their oratory and communication skills given the international angle and exposure in such competitions.

As a first-generation lawyer, you have moved from a chamber practice to a tier-1 practice, how has your journey been so far? Would you say the opportunity a firm provides for a young lawyer is worth the trade-off in building a reputation?

This is a complicated answer and this question has possibly taken me my entire career of 11+ years to think about and possibly answer correctly.

I think it was Matthew McConaughey who said, “I need each day, something to look up to, another is something to look forward to and another is someone to chase” which is what I would say has been my journey so far. It has been extremely fun filled with various learnings and lessons and has been extremely fulfilling.

I started with a wonderful senior and mentor, who trained me with the ways of the various High Court s and District Courts and provided me with the guidance, support to even take private matters and gave me opportunities to appear and address the Courts including my very first day at his chamber. I could give you stories upon stories as to why a good senior and mentor in the profession are key in one’s formidable years and that’s what makes or breaks you.

Once he got elevated, I moved to another amazing lawyer and his firm, who gave me a lot of opportunities to spread my wings and allowed me to develop and learn the finer things in the legal profession and when I thought I was ready to move on the greener pastures I moved into the tier-1 setup with my current partner and team, who gave me ample opportunities in the most complex and high stake litigations and allowed me a free hand to do what I do best for which I shall be eternally grateful.

While I believe, that my shift from chamber to tier-1 practice has not had any trade-offs as I have been graced with wonderful opportunities which have only accelerated my growth to become the best version of myself professionally. However, after being a partner in a tier-1 firm, I am of the view, that one shouldn’t directly start with a tier-1 firm at the beginning of their career especially if you have Disputes/Litigation as a career in mind since one needs basic leg work and understanding of the Courts which is not possible in the high-stress environment of the law firms and once you are aware of the basics then the shift to the hustle and bustle of the law firm is much more fruitful.

In essence, you need to start from the peewee league and hone and develop your skill and game to reach the Yankee’s majors.

What are your areas of expertise, and how did you come about them?

My areas of expertise include civil, commercial and criminal disputes, domestic and international arbitrations (both institutional and ad hoc), Cyber, Insolvency and Bankruptcy Law, IPR, Telecom, Gaming and Competition Laws.

My mixed bag of expertise is essentially the exposure and opportunities that came my way and it continues to grow each day.

You are one of the few tech-savvy lawyers, how did your tech knowledge help during the Covid-19 pandemic?

I have been arguing through Tablets and Laptops in the Courts and have been pretty much paperless for the past many years so when the virtual setup got expedited and replaced the traditional courts in the beginning, I didn’t face the learning curve which some of my peers did. I was in fact, amongst the first few listed cases when the Courts went completely virtual in various states and was able to argue my cases without too much trouble. Moreover, I had access to all of my files and data for the earlier matters and fresh filings etc. were done by scans so I managed the covid litigations from home fairly easily.

The Supreme Court, Delhi High Court and some of the other tribunals also started their e-filing portals so it was easier to have fresh matters filed, reviewed and argued completely digitally. We had tallied that during the pandemic we had filed and argued over 200 odd matters and it was all very seamless.

Since we have the infrastructure now I hope that the e-filing and virtual system continue for times to come and doesn’t get disbanded.

You are a certified mediator with the Delhi High Court Mediation and Conciliation Centre “Samadhan”, tell us about your role and responsibilities.

I was inducted as a mediator with Samadhan in the year 2017. Samadhan is the result of the joint initiative of the Bench and the Bar of the Delhi High Court who have committed themselves to Mediation as an appropriate method of Alternate Dispute Resolution. As a mediator, the organising committee assigns your cases and you do your best to assist the parties to reach their mutual settlement under the aegis of the Centre. Being the techno-savvy one, I have also assisted Samadhan to set up their website, which is live at https://dhcmediation.nic.in/

What key tips do you suggest to the lawyers in the present scenarios?

The legal fraternity has exploded with brilliant talent in recent years and as it continues to grow I have seen some stark improvements and differences. The newer generation of lawyers are confident and have a clear path to the areas of law that interests them.

If I had to give my two cents for the newer lot and especially for the young budding lawyers who wish to explore litigation, is for them to have more patience, be more compassionate, embrace innovation and most of all stay passionate in this field. This field has a lot to offer but equally requires a lot from you.

Remember that You can’t be an overnight success but with hard work and persistence, you will definitely prevail.

Besides the salient tips in the above questions, I leave my brethren with the thought of the famous comedian Jerry Seinfeld, “To me, a lawyer is basically the person that knows the rules of the country. We’re all throwing the dice, playing the game, moving our pieces around the board, but if there is a problem the lawyer is the only person who has read the inside of the top of the box.”

Get in touch with Abhimanyu Chopra-
- LinkedIn
January 3, 2023
Priya Udita, Associate Lawyer at Indus Law In a FireSide Chat With SuperLawyer On Key Elements Of Successful Corporate Legal Advisory
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

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

I was born and brought up in Patna. My parents made sure that I get exposure in all disciplines early on, be it science, commerce or arts. It was in Class 12th, when I got interested in business studies and decided to pursue it further. While I was going my graduation (B. Com Hons.) from Symbiosis College of Arts and Commerce, I got fascinated by the multi-faceted workings of a company and developed a keen interest in commercial and corporate law. I can say that B. Com helped me discover my inclination towards law and cemented my conviction to pursue the legal profession

Being a first generation lawyer, the journey was not easy at first. I remember during my LLB., I used to send out mails for internship and follow up tirelessly so that I can get internship at good law firms and as it is said, perseverance and patience are key cornerstones for success. I was able to get internship opportunities at leading law firms like DSK Legal, Shardul Amarchand Mangaldas and Lakshikumaran & Sridharan.

I used these experiences to develop key skills like communication, analysis, drafting, and research and paved my way to IndusLaw. So, all in all, it’s been a great journey so far.

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

As I mentioned above, coming from a non- NLU college sometimes demotivated me when my application for internships used to get rejected. In my first year and second year of LLB., I faced this issue a lot. I realised getting good score/CGPA was not enough to secure opportunities. Then I got focussed and started working on my skills, writing articles and expanding my knowledge of the subject matter. This really helped me to score good internships.

Further, I understand there is vast difference in the aspects of law that is taught in colleges and the work you do in law firms/courts or as an in-house. This results into a skill gap when you enter the workforce. This was another significant challenge for me. In my view, law colleges should curate a more industry focused curriculum and skills such as communication, drafting and networking –should be developed at the college stage only.

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

One needs to understand that law is a demanding profession, and whether you are working in a law firm or as an in-house counsel, or practicing law in court, each day comes with new challenges, and with each challenge, comes a new opportunity.

I remember, I used to fear foreign exchange laws. I always felt that the laws were too complicated. However, I got a matter at my firm where I needed to understand the foreign exchange law and solve queries raised by the client. As challenging it was, it was really great experience to learn new things.

See, in my view, it will be difficult to pinpoint one challenging case/matter. One needs to sometime fight the fear of unknown and accept it.

But here is what I have learned from all the challenges –

(a) read the laws – answers are always there;

(b) ask where you have doubt – nobody is going to judge you;

(c) understand the needs of the client first;

(d) be prepared; and

(e) always break down a problem to understand better.

What do you believe are the key elements of successful corporate legal advisory?

In my view, the law keeps evolving owing to business/market conditions and there is no straitjacket formula for being a successful corporate lawyer. But in general, based on my personal experience, some of the key skills in today’s scenario are:
- Communication skill – both verbal and in writing, after reading number of cases and laws on a particular topic, the ability to concise the whole understanding in one paragraph;
  - Analytical mind – to be able to understand the problem/query of the client and break down into small pieces;
  - Having an open mind – one’s existing thought process/opinions should not cloud their opinion;
  - Observation skill – having an eye for detail and the ability to look beyond what is said;
  - Researching and networking skill;
  - Taking initiative and proactively participating;
  - Ability to put thoughts into action; and
  - Integrity – towards profession, organisation, colleagues.
Priya, as per you, what are the best strategies and possible ways to negotiate with clients on some important issues?

Strategies depend on the requirement or ask of the client and as such there is no best strategy to negotiate. But generally, a strategy should align with the business objectives and needs of your client and also to the best benefit of the stakeholders, both internal and external. One should strike a balance of needs to find a solution to a problem.

Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

I understand that a good team of partners and colleague are crucial for a work-life balance. Further, one needs to understand its own strength and weakness. It is important to challenge yourself and work outside your comfort zone but at the same time, you should not stretch yourself too hard. Understand yourself and work on the skill. Health is equally important and therefore, it is really important to have a healthy lifestyle or a hobby.

Some of the best practices: –
- Have a hobby – paint, dance, play whatever you feel like. To this atleast thrice a week;
  - Read articles/ books/ listen to podcasts on themes other than legal topics ;
  - No phone near bed;
  - Have a cut off time;
  - Talk to senior if you feel the workload is too much;
  - Walk or do any physical exercise atleast thrice a week
Lastly, you need to prioritize and take out time for these things for your mental wellbeing.

Priya, how do you push through your worst times?

Here are few things my parents taught me which I feel help me a lot:
- nothing is constant in life, and whatever it is, it shall too pass;
  - we are very small in an infinite universe;
  - worst times are always there to toughen you up;
  - sometime you win and sometime you learn.
Lastly, having family and friends helps you cope up during these times.

Lastly, any advice you would give to someone considering a career in this field.

Law is rewarding and at the same time demanding because of constant changes/updates. One needs to understand different practices of law before pursuing one. In my view, have different internships so that you get all types of exposure, be it litigation, consumer law, competition law, corporate, technology.

Other than this –

(a) publish articles,

(b) work on developing your skill set,

(c) start taking initiatives and responsibilities,

(d) always read the laws and lastly,

(e) don’t be afraid to make mistakes – always learn from them.

Get in touch with Priya Udita-
- LinkedIn
January 2, 2023
Dr.Vidyottma Jha, Advocate at Supreme Court of India, In Conversation With SuperLawyer On Strategies For Successful Outcomes In Legal Profession
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

What inspired you to choose law as a career? How has been the decision so far?

I’ve wanted to be a lawyer for as long as I can remember, so much so that I don’t really remember ever wanting to be anything else! My earliest memories of wanting to be lawyer date back to when I was in primary school. What triggered the idea of becoming a lawyer in the first place was becoming the voice of people or the voiceless who for some reason are unable to speak for themselves or they are not heard. There are people who fear to approach the court and ask for justice.

This deeply impacted my thought process and since then, I set a goal for myself and from then on my focus was on one thing – to become a lawyer so that I could serve the people; the needy and the unheard. Many of us have childhood dreams which end up being just that, dreams. Life takes us in different directions and those childhood dreams become distant memories. I was a very determined child. My decision or the journey so far has been of trial triumphs. All I can say is despite the odds the journey has been good and worth it.

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

Ans: Despite the Constitutional guarantees and amendments in the laws women are still far away from the desired level of treatment from society. They still face bias. The legal profession is no different. Here also the women have to confront gender bias at several levels. According to senior advocate Pinky Anand, women in litigation have it harder as they have to face clients, lawyers and judges, most of whom are male, on a daily basis. In a way, they have to confront gender bias at several levels. We say we live in a modern society, but gender inequality is still evident in several professions, including law.

According to data published by the American Bar Association’s Market Research Department in April 2016, women comprised only 36 percent of legal professionals in the country. Though the number of women is growing in private law firms as well as the judiciary, they don’t have equal access to senior positions.

The working environment and office hours in most law firms are still more suitable to male lawyers compared to their female counterparts. Women entering the legal profession have to face a multitude of obstacles to pursue a successful career. Three issues still continue to be the biggest problems to a woman’s advancement in the legal profession. They include traditional sexual stereotypes, inflexible workplace structures and inadequate access to mentoring.

Besides, women also face problems such as inequality in pay and sexual harassment in the workplace. There is a wide gap which still needs to be addressed and women ought to be given better work environment as we know they can give a boost to the economy if they participate actively. It’s high time that they are not repressed, suppressed and oppressed.

What strategies do you use to ensure successful outcomes for your clients?

Well…advocates are mere representatives of their clients. It’s all about facts and circumstances when you reach the court room. The advocates certainly have to do a lot of research, studies and observations to ensure a positive outcome for the clients. At the same time even the clients have to be truthful with the facts and documents so that things turn out to be positive. In short, it requires a lot of hard work from the lawyers and cooperation from the clients.

Vidyottma, how do you keep up with the changing laws and regulations in your field?

This is an era of globalization. It has impacted almost every sector and legal profession is no exception to it. The impact is both qualitative and quantitative. In fact, the past revolution has been a sort of mini-revolution in the legal service sector with the greatest impact on corporate legal arena, activities in the field of corporate taxation, corporate governance, environmental protection, competition law, intellectual properties etc. The number of law firms dealing with such work was very few so there has been discerning shift in the disposition of emerging legal sectors towards settling disputes through ADRS rather the adversarial litigation mode of dispute resolution. Globalization has thus expanded the internal and external demand for legal services.

Among all the cases, i.e, Environmental law, Service matters, Family and matrimonial disputes, Cyber laws and IP, etc, Vidyottma which one do you find the most interesting and challenging?

All these areas are different. In fact law itself is vast, diverse like an ocean. It has various facets. Choosing one stream over another won’t be fair as all are very interesting and important. Still if I need to choose I will choose Environmental law and Cyber law as they have grabbed much attention in recent times due to the changing paradigms in the legal sector in the era of globalization.

How do you handle ethical dilemmas that may arise in your work? Could you highlight some ways to tackle the same?

The Bar Council has codified the laws that relate to the ethics for the practicing lawyers. According to the Bar Council Rules the advocate has to accept any brief in the Courts or Tribunals at a fe consistent with his standing at the Bar as per the nature of the cases. An advocate can say ‘No’ in certain cases according to the Rule 11 of Bar Council of India. He has to give valid reasons for not accepting the briefs. It could be due to non-availability, not practicing in such area as the case relates to or if an advocate has to go out of station he can decline from accepting the brief.

According to you Vidyottma, as you are also involved as a speaker on various issues, like sexual harassment of women, hit and run cases, PoSH, etc, do you think it is implied in local committees where women are neglected in informal sectors?

Yes, it is implied and women face myriad challenges in no matter which sector they work in be it informal sector or any. Women are not given the requisite treatment. They are denied their rights. Though the Constitution guarantees equal rights to all irrespective of gender. The onus is upon us, the society as a whole; to give them equal footing in every area. It should not be just said that they deserve to be treated equally rather it should be manifested.

Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

The work-life balance for an Attorney can’t be defined just once. It is rather a process that evolves and grows with time. One has to discover self in order to chart a course of action which is flexible on the one hand and committed on the other. Besides, it should add to the overall well-being and mental health.

Also, one’s mindset towards achieving a balance is very important. Mindset would include positive stress and growth which can pay positive dividends in the way you process the work. So, the work-life balance could be achieved by the lawyers only by way of non-negotiable commitment to yourself and developing an understanding of an idea that no two definitions of the term will look alike. An attorney has to delve deep, process and channelize their work in such manner that it does not affect their health especially mental health.

Few advice for our young law professionals?

Well… for the new generation lawyers I will suggest to go where the expectations and demand to perform are high. This will give them the opportunity to grow. They should refrain from joining the easy crowd that won’t help in the long run though it may seem easy in the beginning. Then you will always have two ways in front of you; the easy way and the right way.

Not only in law school but in life also you will come across these two every now and then; committing to choosing the latter over the former can help you not only grow as a professional but also as a person.

The shortcuts may seem easier but it may haunt you later. Law graduates have number of opportunities they just have to take their time, delve on every option available and think about it analytically and then decide which career path suits them the most.

I strongly believe that we know ourselves the best and whatever career option we choose is a reflection of our choices that we make. I suggest to think and decide for that one should talk to the seniors, the teachers and the mentors who can help in clearing the doubts and take the best decisions.

Get in touch with Dr.Vidyottma Jha-
- LinkedIn
January 1, 2023