Super Lawyer

Tag: Featured Insights

  • Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

    Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    What is a typical day like for you?

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

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

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

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

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

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

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

    “Every accomplishment starts with a decision to try”.

    -JYOTI KAPOOR

    Get in touch with Jyoti Kapoor-

  • Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

    Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

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

    What was your motivation behind choosing law as a career?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    – MAHAFRIN MEHTA

    Get in touch with Mahafrin Mehta-

  • Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat With SuperLawyer Sharing Insights On Insolvency & Bankruptcy Laws and Building a Career in Law

    Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat With SuperLawyer Sharing Insights On Insolvency & Bankruptcy Laws and Building a Career in Law

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

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

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

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

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

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

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

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

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

    WHAT ARE THE AREAS OF LAW THAT YOU PRACTICE?

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

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

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

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

     

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

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

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

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

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

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

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

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

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

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

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

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

     

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

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

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

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

    HOW DO YOU MAINTAIN THE WORK-LIFE BALANCE?

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

     

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

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

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

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

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

     

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

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

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

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

    Get in touch with Apoorv Agarwal-

  • Dr. Abhimanyu Chopra, Partner at AZB & Partners In Conversation With SuperLawyer On Careers in Technology law & Many Other Options In Same

    Dr. Abhimanyu Chopra, Partner at AZB & Partners In Conversation With SuperLawyer On Careers in Technology law & Many Other Options In Same

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Abhimanyu Chopra-

  • Priya Udita, Associate Lawyer at Indus Law In a FireSide Chat With SuperLawyer On Key Elements Of Successful Corporate Legal Advisory

    Priya Udita, Associate Lawyer at Indus Law In a FireSide Chat With SuperLawyer On Key Elements Of Successful Corporate Legal Advisory

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (c) understand the needs of the client first;

    (d) be prepared; and

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

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

    In my view, the law keeps evolving owing to business/market conditions and there is no straitjacket formula for being a successful corporate lawyer. But in general, based on my personal experience, some of the key skills in today’s scenario are:

    • Communication skill – both verbal and in writing, after reading number of cases and laws on a particular topic, the ability to concise the whole understanding in one paragraph;
      • Analytical mind – to be able to understand the problem/query of the client and break down into small pieces;
      • Having an open mind – one’s existing thought process/opinions should not cloud their opinion;
      • Observation skill – having an eye for detail and the ability to look beyond what is said;
      • Researching and networking skill;
      • Taking initiative and proactively participating;
      • Ability to put thoughts into action; and
      • Integrity – towards profession, organisation, colleagues.

    Priya, as per you, what are the best strategies and possible ways to negotiate with clients on some important issues?

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

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

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

    Some of the best practices: –

    • Have a hobby – paint, dance, play whatever you feel like. To this atleast thrice a week;
      • Read articles/ books/ listen to podcasts on themes other than legal topics ;
      • No phone near bed;
      • Have a cut off time;
      • Talk to senior if you feel the workload is too much;
      • Walk or do any physical exercise atleast thrice a week

    Lastly, you need to prioritize and take out time for these things for your mental wellbeing.

    Priya, how do you push through your worst times?

    Here are few things my parents taught me which I feel help me a lot:

    • nothing is constant in life, and whatever it is, it shall too pass;
      • we are very small in an infinite universe;
      • worst times are always there to toughen you up;
      • sometime you win and sometime you learn.

    Lastly, having family and friends helps you cope up during these times.

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

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

    Other than this –

    (a) publish articles,

    (b) work on developing your skill set,

    (c) start taking initiatives and responsibilities,

    (d) always read the laws and lastly,

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

    Get in touch with Priya Udita-

  • 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-