Super Lawyer

Tag: Counsel

  • Dr.Vidyottma Jha, Advocate at Supreme Court of India, In Conversation With SuperLawyer On Strategies For Successful Outcomes In Legal Profession

    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-

  • Mohit Pandey, Staff Lawyer at Volterra Fietta, The Public International Law Firm, In a FireSide Chat with SuperLawyer On Investment Arbitration

    Mohit Pandey, Staff Lawyer at Volterra Fietta, The Public International Law Firm, In a FireSide Chat with SuperLawyer On Investment Arbitration

    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?

    Well, I am an accidental lawyer.  I wanted to be a cricketer and have represented the U.P. state U-19 team in Cooch-Behar Trophy.  An unfortunate injury lead to sudden break in that career.  When the time came for figuring out alternative career paths, law seemed like a compelling choice, especially on account of its glorification by Bollywood and media.  It was an instinctive decision rather than a calculative one and I would say it has turned out to be one of the best decisions of my life.  Being a lawyer is more than a simple 9 to 5 job as it gives a sense of purpose towards a greater good of the society.  One feels like a warrior of justice.

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

    I would say that to opt for a niche was quite challenging.  My initial interest lied in core criminal litigation until I came across arbitration.  Thankfully it happened sooner for me rather than at a later stage.  I realise that seniors generally advise us to practice across the spectrum and not look for a specialisation but in my understanding, law is so competitive that to succeed, a lawyer ought to be a specialist in their chosen field. 

    You have worked with a Senior Counsel, an international law firm, and independently, how has been your experience working in these setups and what are the differences?

    I have been lucky enough to have these wide experiences fairly early on in my career.  I will first talk about working with Mr Gourab Banerji, Senior Advocate.  Mr Banerji is an excellent mentor who takes keen interest in the careers of his juniors.  He takes the effort to teach and guide. 

    In a Senior Counsel’s chambers apart from assisting the Senior to prepare case briefs and research, you are also the bridge between him and the briefing counsels. You are his eyes and ears.  You are expected to be at the top of cases as well as the courts they are listed in. Being aware of the bench and its decisional inclination also becomes an important part of your work scope. 

    Working with Mr Banerji also resulted in lots of independent briefs.  Foreign law firms started engaging me to act as their co-Counsel in India related commercial arbitration’s and enforcement of foreign awards. 

    When you are working independently, you ought to be extra careful in every step you take as the only time your work will be scrutinised is before a tribunal or a judge with your client’s interest at stake.  In my experience, working independently has the highest learning curve and every young lawyer must do it in whatever capacity they can.

    Separate from the above two, working at a law firm is a different ball game altogether.  Herein you often work in a hierarchy with multiple chain of commands, be involved with the client at every stage of dispute, and also work substantially on business development.  My present office, Volterra Fietta, is the world’s only specialist public international law firm.  This has ensured some very exciting opportunities for me to work on like working with governments of prominent countries, advising cabinets and Prime Ministers, and also private investors.

    Could you tell us about some interesting cases that you have worked on?

    Although the nature of my work is highly-confidential and I cannot name drop many of the cases, I can speak about couple of them that are in public domain.  One is on behalf of the exiled Myanmar Government wherein we are tasked to collect evidence of human rights violation and other atrocities committed by the Myanmar Military and submit before the United Nations.   

    Another is an investment arbitration on behalf of an investor against a major European country.  The dispute arose out of gold mining concessions which were expropriated by the State in full display of unilateral authority.  This case is also challenging because the investors belong to a sanctioned state and every argument in their favour is met with a certain bias.   

    Mohit, how was your LL.M. experience at the MIDS?  Would you recommend this course to others?

    MIDS is truly the number one arbitration programme in the world.  It is a highly professional programme designed for individuals with a certain level of work experience in international dispute settlement.  The classes are taught by the finest in the field.  Not only the professors teaching the course are academically the best but they are also highly sought after by parties as counsels before the International Court of Justice and as arbitrators. 

    The MIDS also ensures ample exposure to students by regularly organising events and conferences with leading law firms.

    I would certainly recommend the MIDS to any student that is looking to make a career in international disputes.  Being in Geneva will give you an unparalleled exposure to international organisations and institutions.   However, my advice is that before venturing on a foreign LL.M., students should gain prior work experience.  This will ensure that you are fully prepared to respond to the challenges of a demanding degree.

    Could you highlight some of your success habits that enable you to meet your goal?

    Finding out the optimum performance hour has done wonders for me.  I work the best between 11 pm to 4 am and always schedule my most important drafts, document reviews, and important life decisions in that period.  Second habit that keeps me going is eating good food.  Never miss out on a meal!

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

    You have to be relentless in your pursuit.  Take fewer leaves in the formative years of your career.   However, it is also important to ensure that you don’t burnout. 

    Find what works best for you, my escapes are playing with dogs and multiple power naps!

    Get in touch with Mohit Pandey-

  • Kanishk Khullar, Senior Associate at ASV Legal LLP, In a FireSide Chat With SuperLawyer On Important Tips For Drafting Documents

    Kanishk Khullar, Senior Associate at ASV Legal LLP, In a FireSide Chat With SuperLawyer On Important Tips For Drafting Documents

    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?

    I was thinking about the career choices available to me, after completing my 10th Boards Exams, when our school arranged a career counseling session for all 11th standard students of Frank Anthony Public School, where during the counseling session I was suggested by the counselor two career options first was Journalism and Second was Law, the later clicked in my mind as an ideal profession to pursue, because as a layman I use to view lawyer as a rationale person safeguarding the rights Individuals, and corporates without considering the fact that what is the public opinion formed upon against particular Individual and entity. Thus, this viewpoint attracted me towards taking law as a profession.

    Please enlighten our audience about the initial struggles in your career and how you managed to overcome them?

    Being a first-generation lawyer and that too from the non-NLU background itself ads up challenges to a lawyer’s initial days struggles, thus, it gets difficult to get a break even as an intern in Tier 1 Firms. On the other hand, there were many unexplored fields of law of which I had no idea, therefore, I made sure to get as much exposure as I can to various disciplines of law by interning with various practicing lawyers so that I could decide at the time of my graduation, that exactly practicing which area of law would suit my interests.

    Among all the specialisations, i.e. Insolvency & Bankruptcy, Drafting, Arbitration, Debts Recovery, Criminal related, Company law, etc., which one do you find the most interesting and challenging? 

    Among all the various fields I have been practicing in I have found practice in Debt Recovery matters to be fairly interesting and equally challenging as well, in Debt Recovery matter Banks have the recourse of taking remedy under both the SARFAESI Act and RDDB&FI Act, thus, it is interesting to represent a bank and assist the court to take over the possession of the attached property, further, suggesting the banks various steps available to them to recover outstanding amount in loans involving complex issues.  

    Subsequent to providing legal services to the bank I had shifted my focus towards protecting the rights of the borrowers and other affected parties as the said statutes are enacted for recovery of bad debts, at times recovery proceeding comes hard upon the rights of the affected parties, thus, while representing the Borrowers or other affected parties one has to pay attention to minute details of all compliance done by the bank as any non-compliance by the bank of various rules under either SARFAESI Act, RDDBFI Act, or Security Interest Rules can give a new life to the defense prepared for safeguarding the interest of the Borrowers and other affected parties.

    Kanishk, as you have mentioned Drafting as your core responsibility, What advice would you give to someone considering a career in legal drafting?

    Through all these years of drafting, I am able to make out that an ideal way to draft is to start with having all the correct facts in hand from the client as the client is the only master of facts, and make sure all dots gets connected and no gaps are left to surprise the counsel at the later stage, further, when all the facts are received, one should prepare points for arguments and defense chronologically so that the draft has flow like a storyline and no ambiguity get formed in the mind of the reader by a simple reading of the draft.

    How do you stay up to date on the latest legal developments?

    As a major part of my job is drafting one has to keep an update on the law so to keep an update on the latest developments in the legal field, therefore, I prefer to spend my money on buying subscriptions to legal news portals and online law journal instead of spending it on entertainment purposes. Other than that, I have to keep researching new judgments for the legal prepositions that occur during drafting matters, so keeping a check on legal developments is both habit and a necessity to me being a drafting counsel for time being.

    Any roadmaps that were followed by you, Kanishk and how do you consider the role of the same in this profession?

    The simple road map that I have followed is to build connections in person and on Linkedin, apart from it, whenever, I am at court I make sure that I build good connections with seniors and other colleagues lawyers greet them nicely whenever I come across them during the court proceedings as the same is a traditional and effective way of building connections in the legal field, further, I will suggest that always leave your jobs and internships on a good note with senior as you can get a client as well as job recommendations from your previous office and in this field the nature of the profession is such that anyone could be a useful link in dealing with a particular case at any point of time, thus, one should always try to thrive in developing healthy professional relations.

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

    At times you have to have a client-centric approach, which may result in damaging your professional outlook, to tackle such a situation one has to adopt an out-of-the-box approach to maintain the ethical balance in your professional life so that you will be able to provide relief to your client without tempering the legal framework.

    Nowadays, people don’t have that zeal to pursue a career in law, what can be the reason for that apart from job security in corporate?

    Litigation as a career demands a lot of patience and persistence which is kind of lack behinds in today’s world where everyone wants instant gratification and results, only those who really have a passion for this profession and understand that justice takes time and it takes time to excel in this profession can sustain in this environment.

    Kanishk, as per you, what are the best strategies and possible ways you use to negotiate with creditors, as in debts recovery cases?

    Creditors specifically banks and financial institutions only aim towards recovering the amount which they had disbursed and which turns out to be a bad debt, thus, they are least interested in selling the mortgaged property as it itself is a time taking and expensive exercise for the bank, thus, a borrower may negotiate with the banks for paying off its debt till the time the auction of the mortgage gets final as the bank has a lower hand when it comes to recover bad debt and thus, the borrowers can try and insist the banks to settle for the less amount, although, the best time to negotiate with the banks and financial institutions to pay off the debts is during the last quarter of a financial year i.e. January, February and March as during this time the banks have pressure to close the bad debts account so that least NPA’s gets reflected on their balance sheets which will help the banks to get more incentives from Reserve Bank of India ‘RBI’. In other words, the fewer bad debts that get reflected in a bank’s balance sheets the more incentives a bank receives from the RBI.

    What is one piece of advice you’d give to our readers, who are looking for a career in the same profession?

    As, I have mentioned before in the above conversation, this profession requires a lot of patience and persistence, further, there is no limit to the amount of hard work you put in,

    “The more effort you put into this profession in your initial days, the sweeter fruit will ripe for you later.”     

    -KANISHK KHULLAR

    Get in touch with Kanishk Khullar-

  • Somya Singh, Founder at Avant Garde Corporate Communications In a FireSide Chat With SuperLawyer On Careers In Legal Journalism & Importance Of Legal Tech In Litigation

    Somya Singh, Founder at Avant Garde Corporate Communications In a FireSide Chat With SuperLawyer On Careers In Legal Journalism & Importance Of Legal Tech In Litigation

    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?

    Every law student at some point in time questions the decision taken to study law. And at the same time, each one has an interesting anecdote to share. Mine was a simple one. There was no tussle at all. I cherished studying something of everything and everything of something. At a young age, after having a casual family discussion, I concluded that Law is the only field that will give the freedom to touch different subject matters and not restricted to one particular field.

    And rightly so, the journey has been spectacular so far. More so for the same reason why I chose law at first place. No two days are same. This profession surprises you every day. It challenges you every day. In the journey to perform for others, you end up outshining yourself. Of course it demands lot of patience. Specially if you are a first generation lawyer. But with few breaks and pauses, one must continue to keep moving and enjoy the journey while you help people with the toughest phases of their lives alongside.

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

    Being a first generation lawyer is no cakewalk. One has to constantly keep oneself updated. One craves for constant flow of work with dignified reimbursement. Unlike other professions, we do not have one place to go every single day. There different places in one city and at times different cities of the country. What kept me driven was the faith my clients had in me that I can deliver and eventually when I did, they became my biggest marketing tool. My clients have brought along work by referring me further.

    And it became a chain. And that’s when I understood, when you get a genuine client, take up the case, work hard and deliver. Even if you are not paid accordingly, just don’t drop the case for this reason in the initial years. I have learnt so much only because my clients trusted me. So, I may agree that initial years are tough as too many things go parallelly yet, many small steps taken in the forward direction will one day make you take a giant leap.

    What was the main idea behind Avant Garde Corporate Communications and how far does it help you reach your career peak? 

    To be honest, I don’t feel I am even half way mark of my career peak as there is immense potential in this field to learn and deliver. The idea behind one’s own firm came when I left my first and the only law chamber I had joined. I was a quick learner and in one year’s time I had pushed myself enough to gather as much as required to take up cases individually.

    The only concern left was to upgrade oneself in respect to different laws and forums but that being a continuous process, I thought it’s time to fly solo.

    My well-wishers were apprehensive about starting my own firm so soon but I made it only because irrespective of the fact whether I had done a particular kind of matter or not, I picked up cases and worked my way backwards. Today, we represent clients before various courts of the country with not being identified as a firm doing only limited kind of matters.

    Somya, do these legal tech tools have helped litigants and corporates so far in preparation of different documents or filing and what in the future would be challenges for lawyers in dealing with such tools?

    Needless to say, legal field requires studying, creating, maintaining and modifying a lot of material. The paper work is humungous. The introduction of Artificial Intelligence have definitely made our lives a little convenient but one may not rely on it solely. The biggest challenge that I see is the secrecy to be maintained by the law firms in respect to their clients. Imagine all the confidential information of a high-end client saved in a cloud of the firm and the entire thing gets compromised if your system is hacked. One will live in a shadow of fear constantly.

    On the other hand if you insinuate to automation and AI, lawyers will be replaced, that’s not happening in 100 years at least. There is more to this profession than just preparation of documents and research. A lawyer has the power to change the course of the case at any conjecture which the AI would not be able to match in near future.

    Being a POSH Trainer, you must have seen organisations neglecting the role of different related laws and regulations. Can you please put some light on the reason and how efforts can be made to improve the situation?

    During the Financial Year 2021-22, Ministry of Corporate Affairs (MCA) registered more than 1.67 Lakh company incorporations as compared to 1.55 Lakh companies during FY 2020-21 which is the highest ever so far. It’s an indication that India is growing as a market, as an economy and as a land of opportunity. But the numbers when it comes to compliances under POSH are shockingly low. The sole reason behind this is when it does not come from the Top Leadership.

    The management presume that all is well in the heaven until it happens. To break the myth, sexual harassment has been part of the society since forever. It is only now that people have gathered courage to speak about it. But still, there is a long way to go. People misinterpret POSH Act a tool to harass male employees. Although it is all about gender sensitisation.

    There definitely a requirement of more awareness coming from government as well as the organisation to encourage people to be aware of their rights irrespective of their gender. Despite there being a penalization clause, I think the requirement is that of a strict compliance of the Act in order to gain a goodwill for the entity whether big or small.

    Being able to put your thoughts in the form of a legal reporter or journalist is such a treat in this profession, how do you see this domain to create more exciting opportunities for individuals?

    We are progressing each day. The horizon is getting broadened exponentially. As mentioned before, the profession is all inclusive. The commonality of the art of storytelling is common in both journalism and litigation. Brushing up this particular skill can definitely let you achieve life changing results for your clients.

    Somya, any hobbies you follow to sharpen your skills in this profession?

    You will be surprised if I tell you, playing a good game of chess opens your faculty in more ways than one. It gives you a perspective to look at everything from a bird’s eye view. This has helped me subconsciously over the years.

    Quite often, we have seen the importance of ‘Legal Content and editing’ undervalued, what’s your take on this Somya?

    A lawyer should be careful of his/her choice of words. Gone are the days when there were certain set of formats repeatedly used in and outside courts. People read maximum content online these days and legal content plays a very important role when it comes to education and upgrading both lawyers, law students and even public in general. Online portal should thus be careful about the content they are posting as its there for the larger good. Moreso for those who can afford legal consultancy of a reputed lawyer.

    Nowadays, people don’t have that zeal to pursue a career in litigation, what can be the reason for that apart from job security in corporate?

    If you pick up latest interviews of judges from the Apex court, they encourage young students to pick up litigation as their career choice as there is certainly lack of the same vis-a-vis the number of pending cases in the court. No wonder, its challenging and one needs to run places to get the desired result, at times spread over years. But keeping the spirit of this profession into consideration, one must not forget the changes it brings in people’s lives. We must break the myth that the courts work in stereotypical manner.

    On the contrary, one can be very innovative and apprise the court about the various aspects pursuant to the facts of the case.

    A good lawyer can make a remarkable change by assisting the court and also by counselling the parties. I understand the struggle part in the initial years specially a low salary for junior lawyers but one must sail through it. Over the years you build up the knowledge bank and it never fails to help you in different matters later. Consistency and perseverance can really take you places in this profession which goes missing in the present generation of “Influencers” earning quick money by dancing on a 15 sec music piece.

    Lastly, Somya, a few pieces of advice for our young law professionals?

    If you are tired, take a break, get up and get moving, do not stop. And when I say move, I mean to the courtrooms and not the court canteens! Keep upgrading yourself, don’t hesitate in taking up different kinds of matters. Remember, it can only take one case which you have worked very hard for, to change your professional trajectory.

    -SOMYA SINGH

    Get in touch with Somya Singh-

  • Abhishek Nangia, Partner at RNA, Technology & IP Attorneys In a Discussion With SuperLawyer On Freelancing In Legal Profession and Insights On ‘Fake Consumer Reviews’

    Abhishek Nangia, Partner at RNA, Technology & IP Attorneys In a Discussion With SuperLawyer On Freelancing In Legal Profession and Insights On ‘Fake Consumer Reviews’

    This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

    What was your motivation behind choosing law as a career?

    When I was in school, I would often express my interest in becoming a pilot.  However, during my high school days, I used to have regular discussion with my uncle, who was an advocate practicing on the civil side in the Delhi District Court. He would share details of interesting litigation cases handled by him.  The discussions would sometimes stretch for hours and the court experiences shared by him were quite intriguing. These discussions were instrumental in developing my interest in the field of law and I seriously started thinking about pursuing it as a career option.  My family supported me as well and I enrolled myself with a law coaching institute after class 12 board examinations to prepare for law entrance examination.  As luck would have it, I cleared the entrance exam and joined Amity Law School in the year 2000.

    Please share the challenges that you faced in the beginning of your career?

    The first challenge was finding a lawyer or law firm that would offer internship. Though I was fortunate to be offered a job on the basis of my internship during the final year with a leading corporate law firm in Delhi, the renumeration offered was not enough to even cover my expenses and made me realise it will take a while to be financially independent. I spoke to my seniors in the profession and was told that there is a long career ahead of me and the focus should be on learning during the early stage, and most firms do not pay or pay a nominal amount to fresh law graduates

    I accepted the offer and started working at a leading corporate law firm with full vigour and sometimes did not get an off during the weekend too (which was an eye opener for me!). I worked on different facets of law – Companies Act, Labour Law, Contract Act, Tax law, IP law, vetting of Agreements and opinion work. It was interesting and challenging considering all the subject areas were new for me and it involved spending lot of time sitting in the library researching on the topic but at the same time I was excited with the exposure that came my way. I would ask numerous questions. Somehow, I developed an interest in the field of IP and thereafter worked in law firms specializing in the field of IP law. The experience and the knowledge gained during my stint at a leading corporate law firm during my first job has proved to be immensely beneficial!

    Another challenge which I faced was to prove myself at the workplace despite putting in long hours. The initial struggle and challenges made me rethink if I have chosen the right profession.

    Today, when I look back, I believe that the advice received at the start of my career to focus on learning was indeed the right advise and I do not hesitate to pass it to on to the budding law graduates.

    Abhishek, is freelancing worth doing in the legal profession and if yes, how to master the same?

    Freelancing in the legal profession is actually working as a sole practitioner. My advice would be to do it if you are mentally strong to bear the uncertainty in workflow and resultantly the monetary reward. It offers flexibility and comfort, and the individual can pursue the hobbies or spend more time with family. They can work as much or as little as they want. 

    Self-discipline, timely delivery of work and good networking skills are crucial to master the art of freelancing or being an independent practitioner.

    What are your thoughts on “Moonlighting” and please share its legal implications as well

    Some people believe that Moonlighting is ethical because it allows people to earn extra money to support themselves or their families. Others maintain that moonlighting is unethical because it amounts to cheating (due to conflict of interest) and is unacceptable.

    In my view, Moonlighting is likely to have an impact on the employee’s productivity, possibility of confidential data (names and details of client/potential clients, customer/ supplier name, power point presentations etc.) being shared and use of resources of one company for another cannot be ruled out. According to me, it is a serious misconduct.

    Though, there is no specific law that completely bans Moonlighting, the offer letter or employment contracts are often referred to determine whether it is permitted or not. If the employee engages in Moonlighting in contravention to the terms of employment, he can be held liable for breach of employment contract and proceedings under the Indian Penal Code and Information Technology Act can be initiated in a court of law. It is imperative for employees to adhere to their employment contracts to avoid any legal trouble.

    Abhishek, there has been a lot going around the Data Protection Bill, 2022 since it came up, but we would like to take your views on the same as well!

    The Digital Personal Data Protection Bill refers to

    • Personal data only of a “person” unlike PDP Bill. The PDP Bill addressed sensitive personal data; however, it is missing in the revised Bill. The definition of personal data includes ‘any data’ and presumably includes sensitive data.
    • Relaxed rules on cross-border data flows. The draft Bill mentions that list of countries to whom data fiduciary may transfer personal data will be notified.
    • Deletion of personal data once the purpose for collection is no longer served, or the retention is no longer necessary.
    • Hefty penalties for non-compliance but which are capped without any link to the turnover of the entity.

    The potential areas of concern could be

    • Fixed timelines are missing and may lead to delays – Lack of timeline for the Data Protection Board to complete the inquiry, adjudicate the complaint. Also, lack of timeline to cease processing of personal data (in case of withdrawal of consent by Data Principal), no deadline for the data fiduciary to erase personal data that is no longer necessary etc.
    • If non-compliance is not significant, the Data Protection Board may close the enquiry, and will impose penalty in case non-compliance is significant. The use of the expression “significant” does not seem to be appropriate and may lead to faulty/individualistic interpretation.
    • Wide definition of public interest. 
    • Indian government and state agencies granted exemptions from the proposed law in the interest of national security.
    • Central government is allowed to exempt any data fiduciary from the provisions of the draft Bill and
    • Reduced independence of Data Protection Board to oversee the provisions of the proposed legislation. The Data Protection Board shall be established by the government. The establishment of the body by the government has its own set of problems – lack of resources and technical expertise of members may lead to issuance of erroneous decisions.  The delay in appointment of officers is not uncommon and may not lead to speedy disposal of grievances.

    As per the present times, what are some of the skills that are in demand in the legal profession? Please brief our audience wrt both litigation and corporate point of view!

    • Oral and written communication skills – Good orator and storyteller.
    • Understanding the client’s business and requirements and how you can add value.
    • Problem solving ability and ability to think ‘out of the box’.
    • Negotiation, engaging other side in a discussion especially during settlement discussions. I believe in the mantra – not everything is worth taking to the court.
    • Adopting ethical business practice to achieve the desired goal.
    • Managing client’s expectations.
    • Managing work and time.
    • Being aware of the business and legal developments.

    We have seen “N” no. of cases wrt fake consumer reviews, how can guidelines be better drafted to avoid the same?

    Yes, this is an area of concern. The government has recently issued guidelines to curb fake consumer reviews and unverified ratings on e-commerce websites, online food delivery platforms, social media platforms, hotels and travel-booking platforms. The guidelines come into force from November 25, 2022. 

    As per the guidelines, authors submitting reviews online will be required to verify their identity by platforms. Platforms will need to verify consumers’ identity from email address, phone numbers, IP address etc. The compliance to these guidelines is currently voluntary and may be made mandatory if the menace of fake reviews continues. The government has unveiled a new standard on “Online Consumer Reviews” that will be managed by Bureau of Indian Standards (BIS). Global bodies – including U.K.’s Competition and Markets Authority (CMA) and Federal Trade Commission in U.S. are working towards limiting misleading reviews online. 

    The crackdown on fake reviews is a positive step and clearly conveys the message that protecting consumer interest is of paramount importance!

    Do you see any challenges that AI and Legal Tech have created so far with respect to privacy and other aspects? 

    Global LegalTech Artificial Intelligence Market size is projected to reach USD 10,351 million by the end of 2030, growing at a CAGR of 33.50%.  The advancement of technology has brought its own set of challenges. Data security and privacy concerns are the key challenges considering lawyers handle confidential and sensitive information. The challenge is to deliver secure legal service considering the chances of experiencing security breaches becomes even higher with the advancement in technology.

    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? 

    There has been a lot of discussion on this topic and more so during Covid phase when there was increasing focus on health. In particular, if there is any right formula to maintain work-life balance. In the past two years, there has been a lot of focus on mental health.

    During my initial years, I would work till late in the office and it I started to develop health problems. I made changes in my working style and prioritized health over work.  I have been working from 8 am-5 pm strictly for the past 14 years and have been quite successful so far. I am the first one to open office and leave on time in the evening.  At one point, I used to go to work out in the gym during lunch hour. I use my time in office carefully (without taking frequent breaks during office hours) and it has helped me in leaving without carrying any baggage or thinking about unfinished emails to spend time with the family and have a good laugh! The mini break helps me to rejuvenate. In fact, I do not encourage juniors/support staff to work late on a regular basis considering it is the general trend in most of the law firms. I must add here that health and wellness sessions are organised at my current workplace and the office has been very supportive on maintaining healthy lifestyle and work life balance.

    Another thing I have done is delegation of work and have trained team members so that they can handle basic tasks independently. This has reduced my workload and the team members are happy with their professional growth as they got the chance to work on something new and build their skillset.  During weekends, I take out time for cycling or go for a long walk. I keep a watch on emails; however, I consciously stay away from responding to emails unless it cannot wait.

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

    • Good oral and written communication skills
    • Reading and learning never stops until you retire. Reading should not only be confined to the practice area, but business side of things is equally vital for holistic learning.
    • Sometimes you need to get uncomfortable to get comfortable.
    • Be open to ideas, willingness to learn and have solution-oriented approach. 
    • Enjoy your work and success. We are here for a limited time!
    • Health is wealth, due care should be taken despite long working hours.
    • Be willing to experiment and innovate.

    Get in touch with Abhishek Nangia-

  • Thomas George, Managing and Founding Partner at Thomas George and Associates In Discussion With SuperLawyer On Most Important Habits To Be A successful Lawyer

    Thomas George, Managing and Founding Partner at Thomas George and Associates In Discussion With SuperLawyer On Most Important Habits To Be A successful Lawyer

    This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

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

    Initially when I was a child, my cousin brother who was a barrister was an inspiration. When I was in 10th class, I was given the responsibility to be a volunteer to encourage the 10th class students to take up a career in law. From there on, I became passionate towards law. The journey was challenging and tipsy-turvy, as life took me through various careers; from being a supervisor to an executive in travel division, from being a manager in airlines to a failure in business at that time.

    I must say the decision to study law and start practice at a late age whilst struggling to catch-up with my colleagues and give the much-needed results to the clients was a herculean task which I could accomplish with patience and motivation from my wife and friends.

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

    Ans) With the local language being Telugu and myself coming from Kerala, to understand the client’s deep rooted issues was a real challenge, which I could manage with the help of my friends and well-wishers, especially my career guide and senior Mr.T.Narayanamurthy, a public prosecutor in the Metropolitan Sessions Court, Mr.V.Amarkumar, a seasoned advocate in the field of criminal and civil law and Hon’ble Retired Justice P.Ramakrishnaraju who was instrumental in pushing me to complete my study in law at a difficult phase of my life which was caused due to a series of deaths in our family.

    Among all the specializations, i.e., civil, commercial, litigation, arbitration, business, banking, family, procedural and criminal, which area of law is the most interesting to you and why?

    I was passionate towards all branches of law and my career goal was to give relief to the client who approaches me. It was due to passion that I used to enjoy the proceedings and challenges that come in my way, and await the results.

    Any roadmaps that were followed by you, Mr. Thomas, and how do you consider the role of the same in this profession?

    There was never a roadmap but for the whole-hearted faith in God, I used to trek the path which came in my way.

    Somewhere Mr. Thomas, people have started feeling that corporate is a safe option instead of choosing a longer struggling period in litigation, do you think the same?

    Absolutely not. Litigation has now taken a different turn with the advent of the Information Technology. No doubt, corporate maybe a safe haven, but the kind of satisfaction that you get in litigation and the flow of money or reward, comes from unexpected quarters, which has been my experience.

    How do you push through your worst times? And what in litigation should one always learn to manage?

    I’m yet to see the worst times as I was passionate towards law and since I respect my career and when one respects their career, all the worst times become learning experiences. In litigation, one should always be hardworking, patient and a good listener, which will help you manage all adversities.

    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?

    Good food habits and a positive mindset, spending more time with nature and with your friends who are not related to law or your career, and to learn the art of laughing at any issue coming your way in your life or in your career and adversities, will make you hale, healthy and hearty.

    What are the most important habits to be a successful lawyer?

    Patience and Persuasiveness, Punctuality and Good-Mannerisms are the key habits to be a successful lawyer…!

    Lastly, some tips for our readers?

    To all the incoming, budding, corporate and litigating lawyers, enjoy the profession with respect and learn to enjoy the challenges. Learn to respect every human being who comes in our way in our day-to-day life, because when you give respect, we get respect. Don’t ask for respect, instead command respect…!

    Get in touch with Thomas George-

  • Prateek Lakra, Founding Partner at Clergy & Wisemen, In a Discussion With SuperLawyer On Legal Management & Increasing Opportunities In Same

    Prateek Lakra, Founding Partner at Clergy & Wisemen, In a Discussion With SuperLawyer On Legal Management & Increasing Opportunities In Same

    This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

    What was your motivation behind choosing law as a career?

    Growing up in a family of doctors, I was surrounded by medical professionals and it was expected that I would follow in their footsteps by pursuing a career in medicine. However, as I progressed through my education, I began to have doubts about whether that was the right path for me. In my ninth grade, I developed the habit of reading the newspaper and became interested in the impact of law on our daily lives by reading articles and editorials. Additionally, I have always been drawn to challenges and the idea of making a name for myself in a unique field.

    By the end of my tenth grade, I had made the decision to pursue a career in law, despite the surprise of those around me. I chose commerce instead of biology and started my Law School preparations. Fortunately, my parents were incredibly supportive of my choice to study commerce after completing tenth grade and pursuing Law as a career.

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

    The legal industry is known to be challenging and dynamic, especially for first-generation lawyers who are just starting out. When you embark on a career in law, you often have to start from scratch, building your own law firm, acquiring clients, and establishing your practice and reputation. After completing my LLM from the United Nations Interregional Crime and Justice Research Institute, I partnered with Avi Kalra to start our own law firm. While we faced many challenges in the beginning, a few stood out as particularly difficult.

    One of these challenges was that, at 24 years old, many potential clients saw me as too young to handle their cases or offer sound legal advice. I had to work hard to prove myself and earn their trust, often competing with more experienced lawyers in the industry. Another major challenge was financial. In the early days of our law firm, we had to cover our running costs and basic expenses while also trying to sustain our business. The second wave of the COVID-19 pandemic made this especially difficult, I was sleeping in the office, I could not afford a place to live and I had to choose between keeping the office or getting a place to live.

    Prateek, do you think that for a first-generation lawyer, the journey becomes a little difficult? Please explain the same wrt to your own experience.

    Absolutely, I feel that the journey becomes a little difficult for first-generation lawyers as there are lot of factors to it. Starting with your law school days, being a first generation lawyer you’re clueless as what specialization to pursue that would be best suited for you or with finding right Internships and it becomes a difficult process to apply for Internships with reference at all. Secondly, if you plan to start your own law firm/ law practice you’re all alone out there, you have start from ground zero, you have no cases, no references, no identity of your own.

    Thirdly, ‘the doubt’, since you’re the first in your family, ‘the doubt’ to work security, sustainability and expansion is always there and there’s no going back but I think being a first generation lawyer out there might be difficult process but it gives you a lifelong learning and a sense of achievement that cannot be compared to anything.

    Nowadays, people don’t have that zeal to pursue a career in litigation, what can be the reason for that apart from job security in corporate?

    When I conduct job or internship interviews, I often ask candidates if they are interested in joining the litigation or corporate team at the firm. More often than not, the answer is the corporate team. There are several factors that can influence a candidate’s decision to pursue corporate rather than litigation. One reason is that litigation can be like going to war, and one must be prepared for any situation.

    Additionally, the practical knowledge gained through litigation is significant, but it can also be a struggle. The lack of efficient judicial infrastructure, such as outdated buildings and complicated case filing processes, can be a deterrent. Additionally, the practice of law can vary significantly from one district to another, making it difficult to navigate, for example in Delhi courts the matters are called according to the list but if you go to the Gurgaon court the list is not followed and your matter is taken up as you approach the court. Furthermore, when litigating, the burden of representation falls entirely on the shoulders of the attorney, who must ultimately represent their client in court. It is no small feat. Additionally, it is important to consider that the salaries in litigation may be lower in comparison to the amount of work and energy required. It is a demanding field that requires a significant investment of time and effort.

    Prateek, What was it that kept you awake in your pursuit of success, eventually leading to you being the founder of Clergy & Wisemen?

    The concept for ‘Clergy & Wisemen’ was first formulated during my third year of law school, when Avi and I won our first National Trial Moot Court Competition. However, it wasn’t until after the first wave of the COVID-19 pandemic that we decided to officially establish the law firm. We recognized that starting a successful law firm required careful planning and preparation, and so we took a break after law school to further understand the Industry and gather the necessary skills and knowledge.

    During this time, I pursued a master’s degree at the United Nations and continued to meet new people and learn as much as possible about starting a law firm. The idea for ‘Clergy & Wisemen’ evolved and was refined through constant learning and experimentation. Even after starting the firm, we faced challenges, particularly during the second wave of COVID-19 when business was slow. However, we remained committed to our goals and continued to read, learn, and develop our legal processes in order to succeed.

    Starting a law firm at the age of 24 with no clients was a risky endeavour, and many people did not believe in our idea. However, we were determined and clear about our goals, and we consistently worked towards achieving them. Despite the challenges and doubts, we were committed to making our vision a reality. It is important to be consistent and persistent, and to always strive to overcome any obstacles that may come your way.

    Among all the specialisations, i.e., legal management, compliance, advisory and litigation, which area of law is the most interesting to you and why?

    I would say Legal Management. Legal management involves managing the legal affairs of a corporate or startup entity. This includes ensuring compliance with all laws and regulations related to contracts, taxation, licenses, and more. At ‘Clergy & Wisemen,’ we provide legal management services to a variety of companies, including protecting and regulating their intellectual property, managing the contract life cycle, and handling compliance requirements. Working in the field of legal management is constantly challenging and rewarding, as there is always something new to learn. It is important to stay up-to-date with laws, regulations, and notifications, which can be particularly challenging in areas with regularly updated laws or numerous notifications, such as with the Goods and Services Tax. Additionally, legal management often involves managing litigation, providing a well-rounded experience that encompasses both the corporate and litigation aspects of law.

    Prateek, how do you see the legal management sector increasing more opportunities for lawyers in coming times?

    The demand for legal management services has increased in recent years with the rise of startups, as these companies and corporations aim to avoid costly disputes and litigation. Legal management ensures compliance with all relevant laws and regulations, providing a cost-effective solution for these businesses. Companies with large operations may also choose to hire in-house legal managers to handle their legal affairs. If you enjoy working with various disciplines of law, legal management is a rewarding field to consider.

    How do you push through your worst times?

    Starting my own law firm has been filled with ups and downs, and there are still many challenges ahead. There have been times when I have questioned myself and doubted my abilities, and it can be easy to feel consumed by these negative emotions. To get through these difficult times, I try to maintain consistency in my work and personal pursuits and focus on activities that contribute to my own growth and the growth of the firm. It is important to prioritize one’s emotional well-being, no matter what the circumstances may be. Ultimately, the key to navigating challenges is to work smart, stay consistent, and keep moving towards your goals while also taking care of your physical and mental health.

    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? 

    Maintaining balance in life is crucial, and achieving a healthy work-life balance is essential for both personal well-being and business growth. While building ‘Clergy & Wisemen,’ I lost sight of this balance and found myself working excessively long hours, leading to negative impacts on my physical and mental health and personal relationships. Recognizing the importance of balance, I made changes to my lifestyle, including waking up early, exercising, and prioritizing time for friends and family.

    These efforts have had a significant impact on my overall well-being and productivity. I also try to be mindful of the number of hours we work at the firm, although there are occasionally times when additional hours are necessary. Regardless of the demands of work, I make it a priority to prioritize my physical and mental health by waking up early, staying active, and spending quality time with loved ones. This simple habit of waking up early has made a dramatic difference in my life and I highly recommend it to others. It helps to make the days feel longer and the mind feel clearer, leaving you full of energy.

    Few advice for our young law professionals?

    Know your goal;

    Work smart, not hard;

    Be consistent;

    Health is always first and

    Do what you love.

    – PRATEEK LAKRA

    Get in touch with Prateek Lakra-

  • Ekta Bahl, Partner at Samvad Partners, Accredited Mediator at Singapore International Mediation Institute In a FireSide Chat With SuperLawyer On Role Of AI & Legal Technology In Legal Profession

    Ekta Bahl, Partner at Samvad Partners, Accredited Mediator at Singapore International Mediation Institute In a FireSide Chat With SuperLawyer On Role Of AI & Legal Technology In Legal Profession

    This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

    Did you always want to become a Lawyer or was it something that you decided in the later part of your school life? What other career options would you have considered, if not law?

    While in school, there were a lot of things that I was interested in – Biology, Computers, Design (not Fashion), etc and I was exploring careers in those areas. Law was not really on the radar even though my paternal grandfather was a practicing lawyer and his father, grandfather and several of his siblings were lawyers. I had written the entrance exam to National Institute of Design since I had a thing for magazine covers and even had an admission in Microbiology after my twelfth standard.

    Law came into the picture courtesy a friend who was going to write the entrance exam for NLSIU and I tagged along with him. When I made it through, my mum was unsure and she spoke to my god-father who convinced her that NLSIU was a good school and that I should take it up. The rest is history.

    How do different approaches of adjudicators help in critical thinking? Do you believe that it helps in understanding cross-cultural overlaps in legal systems?

    The profession of law, is all about interpretation of the law to a given set of facts, irrespective of which area of law you are practicing. The context, nature and circumstances may change, but a lawyer will always need to be able see what law “fits in”.  In my view, “critical thinking” as a word is an abstract term and the interpretation of that itself can spark a debate.

    There is a co-relation between law, logic and reasoning. I also believe that each of us have inherent problem solving skills. It is these skills that we need to focus on and hone. If we get lost in the complexity of legal issues, we will forget the most fundamental of them all.

    While it is important to observe and learn from different approaches used by different from of adjudicators, it is equally important to understand which of these approaches work for you and then adapt accordingly. At the end of the day, you need to be your own person.

    When it comes to understanding cross-cultural over-laps in legal systems, while it may give you a well-rounded understanding of the world-view of legal jurisprudence and shape you as a lawyer and a person, the choice of whether it is a necessity or not, will eventually boil down to whether it is something that you need in your chosen practice area.

    Do you believe that being related to a family of lawyers helps in this profession? 

    I am a believer of hard work, smart work and merit. While having lawyers in the family, may provide an initial push, your growth is where you take it. If you look at the who’s who of the legal fraternity today, you will find a significant number of professionals in that list who do not come from a family of lawyers/have close relatives who are lawyers.  

    Being specialised in technology law matters, how do you think this area will evolve in the future? 

    My areas of specialisation are not limited to technology laws. I also do a significant amount of work in the area of life-sciences and healthcare and real estate. Additionally, I am a trained mediator.

    Technology has infiltrated almost every area of business and consequentially every area of law – it has become a suffix used with other areas of specialization – and we will see more of that. For example, fintech, medtech, healthtech, biotech, edtech, etc.

    Technology has always pushed the boundaries of traditional legal concepts/understanding and even technologies in the early 1990’s drove conversations around “jurisdiction” and “person” – issues that we are still grappling with. Technologies such as blockchain have triggered discussions when it comes to smart contracts and crypto-currency.  

    Technology will also impact the way we do our work as lawyers, as some mundane and routine tasks will be digitised or be undertaken by using artificial intelligence. We are seeing that even today. When I started working, we went to the office of the registrar of companies do undertake a manual search for the purpose of a legal due diligence, then came online search of the documents on the website of the Ministry of Corporate Affairs – today we have AI tools that give you the entire search report and that too customised for what you are looking. You also have automatic document generators that can prepare first cut drafts of agreements. Technology is also assisting in dispute resolution.

    There is innovation happening at a faster pace than ever and we see emerging technologies being announced almost every day. Some of these emerging technologies will disrupt our lives and the way we think and work. We may see the need to amend existing laws, pass newer legislations, think of interpretation of law differently because of these emerging technologies. We also need to really evaluate as to the real value that we bring on the table as lawyers, which is something that technology cannot replace or replicate.

    AI and the role of legal technology in our profession is literally booming, do you think it will create further opportunities for young law professionals ahead?

    As mentioned earlier, AI and technology have already made inroads into the legal profession. While there are tools that assist us, they have also made certain mundane tasks that were done by people almost obsolete. The use of AI and technology in law will increase. However, it is important to differentiate the use of such AI or technology as a tool for lawyers (such as case management software, case search engines, etc) or to reduce the reliance of parties on lawyers (such as document generators) is something that legal professionals need to understand.

    A legal professional needs to be able to use AI and technology as a tool and also be able to understand and adapt to future tools. On the other hand, legal professionals need to be aware of the impact that future technologies will have on the profession of law and constantly upskill themselves for any possible disruption.

    Having said that, whenever we see disruptive new technologies, there are legal issues that go hand in hand and in some instances, we see newer business/industry verticals arising as well as newer learning. As mentioned earlier, we may see the need to amend existing laws, pass newer legislation’s, think of interpretation of law differently because of these emerging technologies.

    Newer opportunities will arise and young professionals need to keep up with the emerging developments in AI and technology to identify them.

    Please tell us a few challenges that being a mediator one has to be prepared for facing?

    Mediation is an emerging field in India. While it has been in the law books for over two decades, in some form or another, it has been in the spotlight only in the last couple of years.

    The law makers, courts, lawyers and most of all, the litigants or parties in conflict are still not aware as to what is mediation, the role of a mediator and how mediation can be used as an effective dispute resolution tool.

    Lawyers in mediation need not be only mediators. Lawyers also represent parties in mediation and they play a significant role in the mediation process. The focus so far seems to be on the mediators. However, the challenge really is having good counsel to the parties in mediation.

    Counsel to disputing parties play an important part in a mediation since they are the ones who understand the dispute from a legal perspective and are also who the parties usually trust at the first instance. The counsel also plays an important role in preparing the parties for mediation. Unfortunately, because of a lack of awareness, this preparation for mediation is seldom there and this can derail the mediation process or result in delays. Additionally, most conversations on mediation happen from either from the perspective of the mediator or on the process, but there is little conversation that happens on the role of the counsel.

    Infact, young lawyers who feel passionate about mediation, should really look at the skills required for them to be able to support and engage their clients effectively in mediation.

    Ekta, what has been your motivation for reaching thus far in life? I mean, how do you make yourself well equipped for every challenge?

    I would love to say that the challenges that every new matter brings is the motivation for me. However, that is only a small part of what motivates me. I am a very people person, so my partners, my team and clients keep me motivated to continue. I learn and reflect from my interactions with them. And for that, I am forever thankful and grateful. Adding to that bundle is the constant learning – it keeps me on my toes and keeps monotony at bay. I am forever reading and learning as the law keeps changing and this also keeps me motivated.

    I do not believe that we are always equipped for every challenge. If we were, the challenge would cease to be that – a challenge. Rather, I am always open to deal with and handle any challenge, and for that I broadly follow the following steps

    (i) keeping an open mind – my existing thought process/opinions should not cloud my judgment;

    (ii) taking a pause and reflecting on the challenge to understand it – so that I do not hurry into it without a full understanding of what I am dealing with;

    (iii) break down the challenge into smaller pieces – this gets me to understand the real issue or challenge;

    (iv) deal with the pieces that I am familiar with – comfort of being in a familiar territory;

    (v) consult with others and discuss issues that I do not understand – I am not always right and another view gives me additional perspective;

    (vi) look the final outcome holistically after putting together the pieces and see if I am satisfied with the outcome as a whole – pieces may make sense individually, but they also need to work as a whole.

    Lastly, any few suggestions for our young law professionals?

    Find yourself and be yourself – as a person and a professional. Develop your own working style, including your own language. While you may learn and be influenced by best practices, being a copycat of someone else’s personality or working style may seem good in the first, but in the longer run it catches up with you and you may not be able to keep up.  

    – EKTA BAHL

    Get in touch with Ekta Bahl-

  • Rugved More, Senior Associate at Trilegal, In a Discussion With SuperLawyer On Career In Litigation & Tips To Stay Update With Recent Legal Updates

    Rugved More, Senior Associate at Trilegal, In a Discussion With SuperLawyer On Career In Litigation & Tips To Stay Update With Recent Legal Updates

    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?

    Legal mind was always in the family blood. However, none of them were practicing. I won’t lie that some fascinating story pulled me into law. I just took an aptitude test and law was the most favorable outcome for me. It just was inevitable after that. The journey so far has been amazing. Although, I do have an interesting tale on why I picked litigation. Superlawyer played an important part in it. During my internship, I read two of the interviews published by Superlawyer depicting the interviews of some lawyers who were then working at the first Law Firm I eventually worked with and that’s how I applied for an internship at the same firm which later turned into a PPO. 

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

    Coming from a non- NLU college always demotivated me when my application for internships used to get rejected. However, I looked at the brighter side and due to my non-NLU background, I took up as many internships as possible. I also was lucky enough to take up long-term internships as non-NLU colleges afforded me that opportunity. These long-term internships were instrumental as they later turned into a job. 

    What is the most challenging case you have handled in litigation and what were your learning’s out of it? 

    The most challenging case was an international arbitration which was conducted in the summer holidays of the Bombay High Court. Though the matter was eventually settled, my biggest learning was to always be prepared. I was in a vacation zone and thinking that I should probably relax a little and this matter came out of nowhere (which tends to happen a lot in law.) It taught me to always expect the unexpected. 

    How do you ensure that your clients receive the best possible outcome? 

    I don’t think about the outcome as taught by my Mentor. I ensure to give them the best possible strategy and advice. Thinking about the outcome is like flipping a coin in litigation. As I mentioned above, expect the unexpected. 

    What strategies do you use to prepare for a litigation case? 

    Strategy changes on a day to day basis. A strategy today might not be the strategy tomorrow as it changes according to where the matter is going. Law is a lot like chess. You can’t plan your next move until your opponent plays his. 

    A fool-proof basic strategy is to just always be prepared and read the brief fully. 

    What advice would you give to someone considering a career in litigation law? 

    My advice is not only to anybody choosing litigation but to any budding lawyer. 

    A. Always be prepared for any and all matters that you’re handling;

    B. To set boundaries at workplace from the start of your career;

    C. Your health is paramount and with lawyer’s hours, you will have to put in the extra effort to maintain it.

    7. What do you consider to be the most important qualities of a successful litigation lawyer? 

    As learnt from my mentor, a successful litigation lawyer needs:

    Cool mind, amazing drafting skills, to be updated with the law, enough confidence to face any judge or lawyer appearing against you and to convince your points, to be open for learning and also open to learning from mistakes; and that clients are built by trust. 

    How do you stay up to date on changes in the law and legal practices?

    I utilize my travel time in reading articles and notifications on my phone. Also the articles shared by the Knowledge Management teams of law firms help you a lot to understand

    Among all the specialisations, which area of law is the most interesting to you and why?

    I have always been practicing as a general litigator which has allowed me to gain experience in commercial, criminal, IP, IBC and arbitration. Therefore, having a specialization is not my Forte. I endeavor to be a master of all trades and to excel in all.

    How do you maintain the work-life balance?

    Finding a right Senior is the key to maintaining a work-life balance. 

    Work is abundant wherever you go however having a good team who knows how to differentiate between work to be done on priority and work which can be put on a backburner is important. 

    Also, it never hurts to have a good conversation with your senior if you ever feel burnt out.

    What is one piece of advice you’d give to our readers, who are looking for a career in the same profession?

    Do not target working with any particular firms at the start of your career. You are eventually going to reach where you are supposed to be; at the right place and at the right time. Also, do not fall in the trap where most of the young lawyers brag about working for 20 hours continuously as it is not recommended nor is expected. 

    Not all late night burning lamps lead you to success; some lead you to health issues.

    Working hard is always a good thing but working smarter will benefit you. 

    How do you feel when you lose a matter?

    Keeping practicality aside, it definitely feels bad when any order is passed against you but law is a learning experience. Any loss can be converted to a learning and it can be used to win another matter and I have done that on numerous occasions. 

  • Sunila Awasthi, Partner at AZB & Partners In a Discussion With SuperLawyer Giving Insights On Practice Areas Such As Corporate Advisory, Employment Laws, And Information Technology

    Sunila Awasthi, Partner at AZB & Partners In a Discussion With SuperLawyer Giving Insights On Practice Areas Such As Corporate Advisory, Employment Laws, And Information Technology

    This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

    What was your motivation behind choosing law as a career?

    While I did not consciously plan a career in law, circumstances led me into it. While in Class 12th, my favourite subject was political science and when it was time to decide on graduation, Lady Shri Ram College for Women was my first choice because of its reputation as an excellent college.  I was fortunate enough to get in and it was a life-changing experience for me. It was at LSR I learnt that staying silent (when you really had so many questions to ask) was injurious to only yourself – something that has helped me tremendously in my journey and I pass it onto the new generation! Parallelly, the trajectory of my personal life had already made me super conscious of rights of women at a very young age so the desire to know the legal position had taken a strong hold.

    Additionally, the family had been engaged in civil litigation for long and I was exposed to legal documents, working of litigation system in our country and the immense frustration that came with delays! After graduating in Political Science Honours, I decided to study law and joined the Faculty of Law, Delhi University. My sole motivation to have a career was financial independence and it turned out to be a career in the legal profession. Frankly it was unplanned, but I deeply believe that it was destined for me.

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

    The first challenge was to find a job which did not require me to be a litigator! I passed out as a lawyer in 1992. No one, including myself had heard of “corporate law”.  But I had absolute clarity that I was not going to practise as a litigator. This puzzled my family as they would ask “then why did you do law?”. I had no answer only a strong belief that there must be something a lawyer can do which does not require her to go to court! I had witnessed the pathetic legal system during the 1980s and early 1990s, with its accompanying unimaginable harassment of litigants.

    The disastrous infrastructure of the courts at Tis Hazari, one of the district level courts at Delhi and only slightly better facilities at the Delhi High Court, were equally demotivating factors. Being a first-generation lawyer and not knowing any lawyers to guide me, I was clueless.

    I would look up classified ads in the newspaper and go for interviews in small companies looking for in-house lawyers. The few interviews that I did have, stalled at my refusal to go to court. In desperation I picked up the yellow pages of the telephone directory (yes, that was during my lifetime!) and shortlisted 10 law firms listed in that (my sole criterion was the distance I would have to travel in the DTC bus from my home – an unavoidable nightmare for any Delhi girl!). To cut a long story short, it was serendipity which brought me to Ajay Bahl & Co. which was looking for a lawyer who did not want to go to court since its corporate law work was just starting to pick up!

    The second challenge was related to the environment in which I started my corporate law career – remember this is 1993 – no precedents (for Joint Venture Agreements etc.); no computers or internet, no search engines or data resources – only physical books; recent economic liberalization meant that everything was new for the regulators, the clients and the lawyers – exciting times full of potential but also a lot more of extra effort was required and the learning curve was really steep! Looking back, I feel it were those initial challenges of scarce resources and limited support which honed my skills to be able to roll up my sleeves and dig in – persistence, resilience and sheer grit to make it happen!

    Sunila as per you, what are the skills required for being a corporate lawyer and any roadmap that a professional should follow to be the same? 

    This is a very difficult question to answer. I have seen such varied people with different skill sets doing well as corporate lawyers that in my view it boils down to individual abilities and destiny. But in general, based on my observations and personal experience, some of the essential skills in today’s scenario are

    (i) an analytical mind to be able to understand the rationale of what we are advising clients;

    (ii) effective communication, whether verbal or in writing, so that non-legal persons can also understand your advise; (iii) confidence, which comes from doing your home-work well – that requires knowledge of the law, doing proper research (as opposed to Google search!), understanding the client perspective and business needs;

    (iv) having an eye for detail and at the same time ability to look at the big picture;

    (v) ability to think things through – this helps tremendously in not giving theoretical advise to clients – world over businesses push advisors to think out-of-the-box to provide workable solutions which are also legally complaint;

    (vi) integrity – towards your profession, the law, your colleagues, organization and clients. Clients disclose the most sensitive commercial information relating to their business to their legal advisors so gaining and maintaining that trust is life-long effort!

    In hindsight I have not followed a roadmap, so I am unable to prescribe a roadmap as I believe its every individual’s journey that she has to undertake.

    Among all the practice areas, i.e. corporate advisory, employment laws, Information Technology, e-commerce, etc, Sunila, which one do you find the most interesting and challenging? 

    I have been fortunate enough to gain experience in diverse practice areas within corporate law at different points in time and each have been, in their own way, interesting as well as challenging. When I first started, I drafted commercial contracts taking help from conveyancing books! When you draft something from scratch, you understand the legal basis for which each provision that is included in the contract and sync it with client requirement. Today, with standard template forms and existing precedents, this opportunity to learn drafting is a huge loss to the profession. For me, the next phase came quite quickly because India had entered the era of economic liberalization.

    Those initial years kept corporate lawyers like me very busy with Joint Ventures & Technical Collaborations with its related drafting & negotiating contracts; obtaining regulatory approvals for foreign investment; advising foreign clients on setting up operations in India which included a whole gamut of laws relating to employment, leasing of offices, compliances and the like.

    There was never a dull moment in those days! Then the mammoth legal due diligence exercises took centre-stage. The excitement revolved around which new city the DD team was going to be based in and for how many days! I found the DD exercises gave incredible opportunity to learn about new laws, regulations and understanding different businesses. The variety for me ranged from alcohol industry, automotive parts, media, pharmaceutical companies to IT and BPOs. The advent of the Information Technology Act, 2000, again shifted the focus of work for me and new practise areas were evolving with online businesses throwing new challenges.

    The big technology companies with large workforce brought its own employment related challenges and learnings. The focus expanded to employee issues including sexual harassment at the workplace. Laws kept changing trying to keep pace with technological developments and new businesses in fast-changing corporate world. I believe the last decade or so has seen the fastest growth in terms of new practise areas for corporate lawyers with data privacy, e-commerce, fintech, crypto, ESG (environmental, social and governance), gig economy and therefore gig workers and the like taking centre stage. From my perspective, even after 30 years, what’s not to love about corporate law?

    How do you push through your worst times?

    The support of your family and your workplace is vital especially in tough times! I have been blessed in both these areas and it is their support which has made it possible for me to face any and every challenge and come out stronger. Over the past few years, for personal reasons I have been actively practising “Gratitude” and “Forgiveness”, including by attending programs conducted by subject-matter specialists, and I have benefitted immensely from it in my professional life too. It has given me a different perspective on life, made me calmer, less stressed and given me the strength to push through some of the toughest times with equanimity and grace. The fact that these changes make it easier to deal with tough clients or work situations is a bonus!

    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 believe that there is no perfect formula to achieve the right balance simply because the balance must be decided by each person individually. Long before work-life balance became a “thing”, I took a very conscious decision to prioritize my family without compromising on my professional role – this is easier said than done in real life, but I still follow it. Once there is clarity on this, not only will you subconsciously work in sync with this principle, but circumstances also arise which will be conducive to achieving this objective. To use my favourite line, it is as if you set a positive intention for yourself, and the Universe conspires to deliver it to you!!

    The other important decision that I took consciously was to build a team which would make my life easier because no one can be on the treadmill constantly and forever! My mantra was, and continues to be, mentor people to take your place so that you get to get off the treadmill whenever you want to slow down or take a break. There should be no place for insecurity as there is no substitute for experience.

    My workplace gave me freedom and flexibility to achieve this objective and I am grateful for that support. The starting point for this is the coming together of people with right work ethic/drive/passion and committed to their own professional growth as well as the growth of the team and therefore the organization. Teamwork means you can delegate, share responsibilities and distribute the pressure, hopefully equitably – what better way to grow professionally without compromising on family time or “life outside of work”?

    I am also a great believer in taking periodic breaks with complete disengagement from work– whether for family vacations or doing some programs for mental well-being. I also encourage team members to plan vacations or short trips at periodic intervals and spend time with family – in my book switching off is good for rejuvenating your mind and re-charging your batteries – both for personal and professional life – so the work-life balance happens organically. Finally, if one is assured of support from team leader, team and the workplace in times of personal emergencies or family crisis then the major cause for stress is automatically removed.

    How do you make contract drafting and managing look easier for your clients? Our readers are interested in knowing that.

    I am not sure about this question? Most big companies today do contract management internally and do not look at external lawyers for this function. And as I mentioned above, no one is doing drafting today – everything is templated.

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

    If you work as part of an organization then understanding the ethos of your workplace is very important. I have always been a team-player and not pursued individual glory – nothing wrong with pursuing that but I personally have not been motivated by it. As I said earlier, financial independence was my sole driving force to pursue a career. However, over the years, witnessing that your individual success is intrinsically linked to the success of others working with you and of your organization, it motivated me to make conscious effort towards building a solid team which imbibes the true philosophy of the organization.

    Our objective is to deliver the best quality & effective legal advice and support to clients in a timely and cost-efficient way. Simultaneously, the workplace environment provides equal opportunities, encourages dedication to work without compromising on personal priorities, recognizes talent & merit and rewards excellence & commitment. It may sound unreal, but it has been experiential for me. 

    Building a sustainable team has been at the core of my professional success. In my experience, individuals working together cohesively, appreciating & supporting each other while subscribing to same core values tend to thrive. And to make an effective team I put great emphasis on

    (i) mentoring juniors,

    (ii) delegating work & responsibilities while being accessible for guidance,

    (iii) direct interaction with clients,

    (iv) providing regular feedback including appreciation,

    (v) pro-active thinking & taking initiative,

    (vi) professional conduct & integrity, no matter the circumstances,

    (vii) trainings to enhance knowledge building/sharing & staying updated,

    (viii) equitable opportunities to grow individually,

    (ix) support in personal crisis,

    (x) rewards and recognition.

    I firmly believe that the present status of my professional life reflects a sense of belonging and being invested in my work and workplace. Flexibility to evolve and adapt with changing times, openness to keep learning and hear/implement new ideas, approachability and humility have all been contributory factors as well.

    If you could do it all over again, would you choose the same path for yourself? If not, what would you change?

    As I said previously, I did not consciously choose this path, I believe the path chose me! I don’t really believe in do-overs, so I guess at this stage in life I would not like to speculate what could have been…I think it’s a waste of time. What is, it is – that’s all.

    What advice would you give someone who is considering being in this field?

    Do not be blindly allured by the so-called glamour and money associated with a career in corporate law – it is a lot of hard work, nose to the grind, sheer dedication and commitment, before you see the fruits of your labour – this is true for any profession or career. The pressure is compounded by essential requirement to stay up-to-date with any changes in laws/ regulations; case law including impact of judgements or interpretation by courts or regulators. I cannot think of another profession which requires this constant necessity to be fully aware with the latest (legal) position – even if it pertains to knowledge of only your area of practise.

    Finally, in my experience, two factors which are highly overrated, which seriously impact law students or in-coming lawyers in corporate law practice, are firstly, the pedigree of the law college and secondly, the internships done while studying law. I may be old-school, but I sincerely believe, both these factors make little difference as long as the candidate is clear in her focus on what she wants to do and why.

    In all my hiring for my team since I became a partner almost 15 years ago, I have never reviewed a resume based on law college or internships or even previous organization. Having most of the best performers from so-called worst or average law colleges and unknown law firms, I believe it is mostly individual capability and drive which determines the professional path of every person (of course on an esoteric level, I would add destiny or serendipity to it as well!).

    So do not get bogged down by “pedigree” of your law college or “status” of law firms or organizations you intern or previously worked with (whether its Tier I or not etc.), instead focus on what is it that you want to do and how would you want to achieve it.

    Get in touch with Sunila Awasthi-