Tag: DESLC

  • Mritunjay Tiwary, Independent Legal Practitioner, on starting out on his own, and his litigation experience

    Mritunjay Tiwary, Independent Legal Practitioner, on starting out on his own, and his litigation experience

    Mritunjay Kumar Tiwary graduated in law from D.E.S. Law College, Fergusson Campus, Pune University, in 2009. After successful stints with the New Delhi Law Offices and Indus Legal, he ventured into independent practice. In 2013 he co-founded AGM Partners, a  firm that advises various corporate clients on issues relating to infrastructure, non-banking, employment, labour and compliances, etc., including all litigation cases. He later branched out of AGM Partners to establish himself as an independent legal practitioner.

    In this interview we speak to him about:

    • Starting his own firm
    • His experience in litigation
    • Being an independent practitioner

    How would you like to introduce yourself to our readers?

    I am a third generation lawyer. I was born into a family of lawyers in Jamshedpur, Jharkhand, the first planned industrial city of India. I did my schooling from Loyola School, Jamshedpur. My grandfather and father are lawyers based out of Jamshedpur. My family has an established practice in Jamshedpur, especially my grandfather who has been practicing for almost five decades now, and is considered the most reputed lawyer for labour law disputes and compliances in and around Jamshedpur. My grandfather and father have clients ranging from companies, hospitals, schools, restaurants, and more. Being born into a family of lawyers, I was attracted to the uniform and hustle-bustle of the court premises from an early age. My family not only wholeheartedly supported me when I decided to study law but has been a major driving force in encouraging me to practice litigation in this competitive world, when the easier choice was to take up a job. The faith my family reposes on me motivated me to set base in Delhi to build my own identity in the legal field and not opting for easy and comfortable life back in Jamshedpur.

     

    Give us a brief overview of your life at law college.

    After finishing my school, I decided to purse law under the five years B.S.L. LL.B. program. My grandfather first wanted me to pursue graduation from the University of Delhi and then pursue a three year law course from Campus Law Centre, University of Delhi. He did not want me to rush into the decision of pursuing law as career, considering the hardships and challenges on this path. But I could manage to convince my grandfather and thereafter, he not only supported my decision but has always been there as a guiding force along with my father.

    I pursued law from D.E.S. Law College, Fergusson Campus, Pune University. My college was part of the same society as that of the esteemed and renowned Fergusson College and shared the same campus. I was part of the first batch of the college in 2004, which was working towards becoming one of the leading law colleges in the country and also gave me an opportunity to grow with it all throughout my five years. The law college itself being in the initial years of its formation provided more opportunities for individual development. I took an active part in college activities, and was a key member of the Placement Committee. Being the first batch, we had to work hard to secure placements for ourselves. In the year 2009, the world was passing through the phase of recession and there were more pink-slips than job offers. I firmly believe I have blessings of the Almighty and I was the first student from my college to secure placement in a law firm M/s. New Delhi Law Offices (NDLO) at New Delhi. NDLO is a full-service law firm being an offshoot of JB Dadachanji formed in the year 1992, wherein I handled a variety of litigation and advisory matters. NDLO had offered me an opportunity to interface with several clients, domestic and international which helped me to better my legal and commercial understanding.

     

    How much of a role do GPAs play in shaping one’s career path?

    Personally, I was a student who never studied throughout the semester or had an inclination to work very hard to get good grades. My intention was to work towards getting decent grades for which I studied few days before the semester exams and the result was that I passed my law from the University of Pune with a First Class Degree. University of Pune followed the orthodox way of correcting the papers, wherein it got difficult for students to pass, unlike the deemed universities. And in such a space, I was blessed to secure First Class for the reason that I never allowed pressure of securing good grades affect me.

    I believe your grades don’t define you, but they do still matter in shaping one’s career. This is something every student must remember. In the same breath, I also say that by caring too much about grades, most students are missing the point of education. We should not forget that the idea of education is to not just obtain good grades but strive for overall development, especially in the field of law. I think education is for self-improvement and to figure out a place in the world. With this in mind, I say that grades are a necessary part of the education system but they aren’t necessary part of the strengths of becoming a good lawyer. Forget the pressures of grades and just try to become a hard-working lawyer and everything shall follow.

     

    What kind of internships did you engage in during your student years?

    Internships provide an opportunity for students to increase their knowledge of substantive areas of law and gain exposure to the real work environment. Internship is a tool which aids in deciding one’s career path. During my college days, I never focused on one branch of law, I tried to experience everything, so as to find my self in an able position to decide my future. 

    I did six internships during my college days, which includes interning with Tier I and Tier II law firms, independent legal practitioners, and corporate,  for a holistic experience. I started interning with my grandfather, Advocate K. M. Tiwary, Jamshedpur on labour matters, which gave me a first-hand experience about the functioning of lower courts and how trials are conducted. It is important for every law student aspiring to be a litigation counsel to undergo the wriggle of the trial court and its working during the initial years. My decision to intern with my grandfather was quite rewarding. He invested a lot of time in me to explain the functioning of the courts, the job of a lawyer, etc. This immensely helped me to gain confidence to appear in a courtroom and gave a detailed insight into the litigation world, while I was still a law student. Thereafter, I interned at Dua Associates, New Delhi with the Arbitration and Litigation Team, Amarchand Mangaldas, New Delhi on IPR matters, Mulla & Mulla & Craigie Blunt & Caroe, Mumbai, on litigation matters. To gain corporate experience I interned in the legal division of Reliance Retail Ltd., Mumbai, and with in-house legal team of Standard Chartered Bank, Mumbai. Having gained such varied experience helped me decide my choice of career, i.e. litigation, non-litigation or corporate. Therefore, internships offer opportunity to experience different spheres of law and in my case I happily chose litigation and advisory.

     

    What are your areas of specialisation, and when/how did you go about choosing these?

    I would like to say that I am a student of law practising in the areas of my interest. And I found my share of interest during my internships in law college in the field of arbitration and litigation. Law is such a vast field that it’s difficult for me to say what I specialise in.

    Over the years, I have gained the experience of representing a large number of Indian and multinational clients in complex and intricate arbitration cases, as also before courts at all levels in India for enforcement of awards/decrees. Some of the major arbitration matters I have handled relate to international procurement contracts, cross-country gas-pipeline laying contracts, supply and procurement of gas exploration and loading equipment, construction of airports and highways in India, building and construction laws, apart from a wide range of other commercial contracts. I have also been representing clients and advising them on litigation matters in relation to civil and commercial litigation, banking, non-banking, employment, labour and compliances, construction and real estate related matters, probate and property rights, in addition to matters of intellectual property rights. With my own experience, I can say that litigation offers unparalleled thrills, the adrenaline rush that accompanies addressing a courtroom packed with audience, the power to shape the outcome of disputes, there is no feeling better than this.

    Right after law school and clearing the bar examination, every student is all set to get started on their legal career. Until now, every student has more of a theoretical knowledge of the working of the legal system. Law school along with internships teaches every student to think like a lawyer, but to gain practical experience and decide on your options, you need to analyse your priorities. Do you want to work that pays more or something that is of your interest even when it offers lower compensation? Are you a workaholic or do you seek to maintain a work-life balance? Only after you analyse your priorities you will be able to make the most of this noble profession.

    However, my advice to every fresher would be, while there is no bar to begin practice (litigation or non-litigation) entirely on your own, the customary route is to work under an established advocate or a law firm. The nature of work would certainly depend on the place you choose to begin your career. I would suggest every fresher to find an advocate / law firm who is able to invest time in you and supervise and guide you through in your initial days of practice. This is the most important aspect of becoming a lawyer.

    Finally, learning clerical work is also important for every fresher, especially for litigation. One should learn the art of maintaining the case diary, to see whether office files are in order, keep a close eye on how the filings in the courts are done, etc. So never take it to be menial work, as it holds an important place in a lawyer’s professional sphere.

     

    Would you say law school prepared you for the real world practice of law? 

    Your career is probably nothing like your days in law school. Theoretical knowledge of law schools is distinct from the practical world of law. After stepping out of law school, my life had changed. I had to put in more work hours than the others who were already in the profession. The art of drafting, handling a matter independently, advising clients, interpreting statutes, etc. is learnt through years of practice after putting a lot of hard work. Frankly speaking, we cannot be taught how to be a lawyer in a college and the same is attained through years of efforts and hard-work.

    My first stint at NDLO had given a good start to my career with a great learning experience. After leaving NDLO in November 2010, I joined Indus Legal, founded by a former partner of Dua Associates, Mr. Navin Kumar. With the guidance of my senior and assistance of an able support team, I was able to render legal services to various clients of the firm on a vast and varied legal framework. I worked in the areas of civil, commercial, and arbitration laws in the High Court at Delhi, Punjab and Haryana, Mumbai, etc., apart from conducting cases before domestic Arbitral Tribunals, the National Commission and other Tribunals and forums in and outside Delhi. In July 2013, I established my own law firm by the name AGM Partners along with two other partners. The firm progressed well and provided a vital platform to develop a commendable face value in the courts as also with various clients of repute. Litigation and arbitration being the major areas of practice, one had the opportunity to gain considerably in experience and stature. Towards the middle of the year 2016, I branched out of AGM Partners and started working as an independent legal practitioner. I still continue to provide quality legal services to my clients in various disciplines of litigation and arbitration practice. I have also been acting as of-counsel for various law firms.

     

    What are the challenges that one needs to prepare himself/herself for when they step out of the comfort of a law school and into the real working world?

    The field of law today is full of challenges and opportunities. The foremost thing to remember especially for the lawyers trying to make a mark on the litigation side is that there will be very less money in the initial days of work. Fat pay cheques and perks are unheard of unless you are working in Tier I Law Firms. Always keep in mind throughout your initial years, that you are here to learn work and even if you are not paid well and get to do fancy work, take it to be be as tuition fees for learning art and skills to become a lawyer.

     

    During your developmental years as a lawyer, did you have any mentor(s)?

    I am blessed to be born in a family of lawyers, because I am part of this esteemed fraternity today just because of them. My grandfather Mr. Kapil Muni Tiwary, an Advocate having experience of almost five decades has been a great source of inspiration to me. If I inculcate even ten percent of his hard-work, daily routine and discipline, which he practices even at the age of 87 years, I shall be doing wonderfully as a lawyer. My father, Mr. Anil Kumar Tiwary’s hard work and his sincerity towards his work has been a guiding factor in my work life too. My father is one of the great personalities in the legal field in Jamshedpur who provides free legal aid in today’s world. My father is Secretary of his Bar Association for last eight years because of his good work in the legal fraternity. My grandfather and father have dealt with varied subject matters handling a plethora of cases throughout their career. I derive my confidence, professional ethics, strength and legal acumen from them and my family. Also, my mother’s role in my life has been of great importance and she has always supported my decisions.

     

    You were a Senior Associate at a reputed firm, Indus Legal. Why then did you decide to take a leap of faith and establish your own firm?  

    This question reminds me of my conversation with my father in April 2013. He had also asked me why I wanted to step down from a comfortable position to start my own firm? It made me think twice, when something like this came from my father who has made a mark for himself in Jamshedpur as an independent legal practitioner. But I had immediately realized he was being a father that on how would I cope up professionally in such a city when I go independent, where I had no backing at all and he knew what pain an independent lawyer has to go through.

    Thrill of being independent and working on your own gave me the courage to move out and start my own firm. The idea to start my own firm popped up during conversation with my friends, who also later on became my partners in the firm. I personally always wanted independent practice and even when I was working under someone. After four years of practice with the firm under the guidance of my seniors, I decided to open my own law firm by the name AGM Partners along with two other partners. AGM Partners was always special to me. We had established a decent number of clients who had kept all of us in AGM partners, very busy with the work. The thrill of working on your own in unparalleled.

     

    What then motivated you to leave your position at the firm and take up independent practice?

    It would not be called motivation, rather circumstances made me decide to part ways with my partners and the firm and take up solo practice. There was a huge imbalance among the roles headed by each Partner, to which I accommodated for two and half years so that the firm’s progress is not interfered with. However, I realized this is not going to change and the disparity in the execution of every Partner’s roles caused a lot of frustration deep within. Towards May 2016, I branched out of AGM Partners and started working as an Independent Legal Practitioner providing quality legal services to all my clients in various disciplines of litigation and arbitration practice. Through what I have experienced I can share with all of you that if you desire to operate a law firm in partnership module, remember to have like minded people on board, otherwise life gets miserable.

     

    Where do you see yourself ten years from now? What are the avenues that your line of practice opens up for one?

    I never make long term goals. I believe in achieving my set goals at every short interval to keep my enthusiasm alive. As far as my life after ten years is concerned, I would like to see myself working in the same way on a larger scale and always keep getting better as a lawyer. Litigation has a slow growth but one who is sincere and keeps putting in hard work along with patience will grow one day.

     

    What is your message to our readers?

    Remember, your initial years of work experience will decide the entire course of your legal career. In these initial years, you can grow your skills, enhance your network and build your future. Whatever you choose, make sure you give it your best. Patience, along with continuous hard work is the key to success in this profession. Here is wishing everyone the very best for a great experience ahead.

     

     

     

  • Sudhir Reddy, Founder, Reddy & Reddy Advocates & Legal Consultants, on LL.M from Cardiff and Mediation course from Oxford

    Sudhir Reddy, Founder, Reddy & Reddy Advocates & Legal Consultants, on LL.M from Cardiff and Mediation course from Oxford

    Sudhir Reddy graduated in LL.B from DES Law College, Pune University in 2009, after which he pursued his Masters from Cardiff University, United Kingdom. After completing his degree in Masters he worked in a law firm called Thodur Law Associates as an Associate Advocate. He also pursued a course of Civil/Commercial Mediation from Oxford and became an Accredited Mediator in 2014. At present, he operates his own law firm which has a practice of both litigation and corporate work.

    In this interview we talk about –

    • Choosing International Commercial Law as his specialization for LL.M
    • Pursuing a course of Civil/Commercial Mediation from Oxford
    • Becoming an Accredited Mediator by 2014
    • Starting his own law firm “Reddy & Reddy Advocates and Legal Consultants”

     

    Given that most of our readers belong to legal fraternity, how would you introduce yourself to them?

    To start with I am a practising advocate mainly practising in the Pune courts and the Mumbai high court. I completed my LLB from Pune University and my LLM from Cardiff University, United Kingdom. I am also a certified civil and commercial mediator .I run my own law firm in Pune which deals with litigation as well as corporate work. However before starting the law firm I did work under senior attorneys at different High Courts so that I could earn some practical experience and confidence to start my own firm. My experience in Law is not just confined to the Domestic laws but I have also gained experience in mediation and negotiations in United Kingdom after completion of International civil and commercial Mediation course from Oxford.

     

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

    To tell you guys the truth, my foremost aim was to become a lawyer but being from a business class family I had to learn certain aspects of commerce mainly accounts so that I would be able to put in my efforts in the working of my father’s established business. Also having knowledge in commerce helped me cater to my corporate clients in taking managerial decisions.

     

    As a law graduate of Pune University, have you faced any comparison with NLUs? What would you say to the future graduates of Pune University regarding this?

    I personally feel that these are all pre conceived notions that only the NLUS can provide the needed exposure to its students. Ultimately the laws are the same it’s up to the student how he/she decides on to shape up his/her life. I personally took the needed effort to attend various seminars and small conferences pertaining to law, held during my period at the law school. It’s the knowledge you imbibe that matters which should be practical as well as theoretical knowledge.

     

    What were your areas of interest during your graduation? How did you go about developing expertise and knowledge in these areas?

    As a law student I never wanted to confine myself to any particular area of law. My main aim was to absorb and learn everything which was taught to me during my classes and my internships .But I had always enjoyed negotiating and mediating any disputes and I realised I was good at it because I was always successful in solving a dispute. This made me realise that I had an inclination towards solving disputes in a peaceful and non-stressful manner. I did have keen interest in alternate dispute resolution systems and outside court settlement procedures and so I become a mediator.

     

    What are your thoughts on activities like mooting, debating and publications in journals? What skills do law students acquire by engaging themselves in such activities?

    I have always been of an opinion that in an all-round development of a student activities like mooting, debating play a crucial role. This is where the student develops its confidence and learns legal interpretation .Also these activities will help students in inculcating good research skills. The students also realise what exact field they should be taking up after college after doing these activities.

     

    Right after graduating, you went for LLM. Why did you decide to go for higher studies?

    Going for LLM right after graduation was my game plan since the time I joined my LLB course .My main intention for pursing LLM was to well equip myself with the international legal scenario.UK being a common law country I was sure that this experience will benefit me in expanding the horizons of my legal knowledge internationally .

     

    How did you choose Cardiff University over others? How did you go about choosing a university?

    The main reason to choose Cardiff University was that it is one of the royal charter universities and also one of the well ranked universities in UK. Along with that it had a beautiful campus and an apt course that attracted me to choose this university over others.

     

    Why did you choose International Commercial Law as your specialization for LL.M? What motivated you to pursue your LL.M in International Commercial Law?

    My course comprised of variety of subjects like international banking, competition laws, international corporate governance and World Trade organisation, which were entirely different than the regular curriculum taught to law pursuants in India. Also there was a wide range optional modules we could opt for hence I chose to peruse International Commercial Law.

     

    What advice would you give to people who are trying to decide which area of law to specialise in?

    Do your internships in all the fields. Participate in moots, debate, paper presentations and client counselling competitions. All this will help you understand your weak points and make you sure on what areas of law you like and what kind of practise you are good at.

     

    After completing your Masters, you worked at Thodur Law Associates for an year as an Associate Advocate. How did you secure your appointment? Did you apply or got an offer from the law firm?

    After my LLM I wanted to gain practical experience for getting myself acquainted with the procedural part of a legal proceedings, Thodur Law Associates is a law firm based in Mumbai practising at High Court hence there were larger chances of me getting a vast experience.

    I had gone to Mumbai after I was back from United Kingdom to search for prospective law firms where I could actually gain practical experience. Coincidentally I met the senior partner of the firm, I narrated to him my reason for applying in the said firm, he was very impressed seeing my urge to learn and I was told to join right from the next day at their firm.

     

    How did you overcome your initial jitters in a courtroom full of experienced lawyers and judges? Tell us about the highs and lows.

    I am a supercharged guy since childhood, talking to unknown people, making new friends or being at a new place with new surrounding was never a challenge to me. But I still remember the first time I appeared in front of a judge was at the Bombay High Court. As soon as I stood up to mention the said matter I went blank and stood right in the same position for good one minute without a single word spoken. The judge sort of understood that I have frozen so he sort of covered up for me and told me to come next day.

    And since then till now I have changed tremendously .Now I wait eagerly to appear at the court and to prove my point.

     

    sudhir-reddy-1

    Thereafter, you have started your own law firm Reddy & Reddy Advocates and Legal Consultants and currently you are the Managing Partner of the firm. What prompted you to make this choice and start your own law firm?

    It’s my father’s confidence in me which gave me the courage to start my own law firm. He has been the backbone of the firm since the day of the inception of Reddy & Reddy, Advocates and Legal Consultants. He has supported me when I needed encouragement and confidence the most. To be frank there were many to discourage but few to encourage. But somehow the voice inside told me to go ahead and prove it that I can do it.

     

    Please tell us a bit about “Reddy & Reddy Advocates and Legal Consultants”. What is a day at work like? Is it easy to have a work-life balance?

    My day at work starts with my morning prayer and then a quick workout. I am in the office quite early because I need to take quick updates about the distribution of the work to the associates for the day. I then go ahead and start with all my client meeting and if I have an argument for the day I take a quick look at the case and have fun leading the argument at the court. There are times when I spend the whole day in the negotiation for my corporate clients but having a remarkable team keeps me relived that my office functioning at its peak. I end my day at office by taking updates from all my associates along with a nice cup of coffee.

     

    Tell us about the practice areas of Reddy and Reddy Advocates and Legal Consultants.

    Reddy and Reddy Advocates and Legal is  Based in Pune, it offers a full range of legal services on all aspects of the Indian law to a diversified client base, including well-known multi-national corporations functioning in India. In addition to serving our clients directly, our lawyers serve as experts of Indian law in both transactional and litigation matters. In particular, the firm has a strong practice group that specializes in mediation and negotiation, credit management, real estate, property & land laws. We are dedicated to our clients’ needs and we strive to achieve total satisfaction for our clients by legal excellence.

     

    Our clients include major Banks, Non-Banking Finance Companies, Real Estate, Multinationals, Industrial Houses, and Software Companies.

    The firm’s lawyers have an average experience of over 5 years in handling complex legal issues touching on almost all aspects of Indian law. We combine a personal approach with high professional standards and aim at providing comprehensive legal services to our individual, corporate, financial and commercial clients.

     

    In the meantime, you have pursued a course of Civil/Commercial Mediation from Oxford and became an Accredited Mediator in 2014. What prompted you to pursue this course and became a certified Mediator?

    Mediation is the next revolution in the legal field. Since our country is evolving in a very fast pace the people of our country want every issue to be resolved as fast as possible. Being a lawyer I have practically seen how burdened the court is with numerous cases. Before going for the course few of my clients had asked me if I knew any commercial mediator and that is when I decided why not me. I looked for few courses and I found the one in Oxford is what suits my requirements perfectly.

    Meditation is already a very upcoming requirement for the multinational companies because they have clients all over the world and solving disputes outside the court is more convenient for them. Mediation is immensely into existence in the European and the western legal system. So it’s always better to do a course on mediation and negotiations it will surely help them in the future.

     

    You have a couple of orders to your credit. Do they change one’s recognition?

    (Sudhir has orders to his credit in criminal litigation, consumer disputes, land disputes, family disputes and outside court settlements in labour and industrial disputes)

    It just makes me want to work even harder because I want to keep my clients always satisfied. My only aim is that when the client agrees to take services from us he/she attains the best of the services which my firm can provide.

    Regarding once recognition, yes it does change the recognition as it shows experience a person has and the dedications the person has put in to get the desired results.

     

    What were the difficulties you faced in the early days of your practice? How difficult would you say it is to build a reputable practice?

    Early days were relaxed and peaceful. I did have work from the day I started my own office but the stress of uncertainty was always there. Although it will be wrong to say that the uncertainty is not present anymore because our firm is still in its growing stage.

    I also want to say that it is quite difficult to build a reputation and then harder to maintain it, one really needs to have lot of patience in order to raise your own organisation from one level to another.  You need to have a good team with you to run the show and thankfully at this point of time I have an awesome team who helps me, guides me and back me up everywhere.

     

    Do you take interns? What do you look for in a prospective applicant?

    Yes, we do take interns. When we get an application for internship we usually don’t see the scores and credentials of the student because we understand different universities have different ways of marking. We usually see the cover letter and the practical experience the applicant has provided in the application and most importantly the urge of the applicant to work and learn.

     

    What would be your message to law students who dream of having their own law firm one day?

    Never give up. Enjoy your failure because this is the way you are learning and this is how you grow as a person. According to me there are 4 stages involved if u want to start your own firm. At the first stage you have no work no money ,second stage only work no money at the third stage good work good money and finally the fourth stage less work only money.

    Not necessarily it has to go the same way but that’s what it is like in the holistic picture. Be confident and kick off.