Super Lawyer

Tag: Featured Insights

  • In Conversation with: Jenna Krishnan, Founder at The Daily Lawyer Podcast, Lawyer, Speaker, Podcast Host, Legal Trainer and Content Creator

    In Conversation with: Jenna Krishnan, Founder at The Daily Lawyer Podcast, Lawyer, Speaker, Podcast Host, Legal Trainer and Content Creator

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

    Tell us about yourself-what motivated you to choose law as a career path.

    Hi everyone! I’m Jenna Krishnan, a lawyer and now, also a Founder of The Daily Lawyer – a platform to educate and empower people through relevant legal knowledge, that can protect them from the thunderstorms of business and life…so that when rainy day hits, one at least knows what to do next, how to respond, whom to contact etc.

    Honestly, I stumbled into law by the process of elimination. I had a strong academic background, so, as was natural at the time, I pursued science after my tenth standard.

    While evaluating options for undergraduate studies, my father suggested that we make a chart of my strengths and weaknesses and, based thereon, decide on the stream I should choose. So, we conducted that exercise and were left with three options – medicine, law and journalism.

    I thought journalism wouldn’t pay as much, so that was crossed off the list; I was keen to do medicine, but hesitant to study till I’m 29, and if I chose to study abroad, would have to redo my studies all over again; And therefore, was left with law.

    My mother had only one condition – I could study anything I wanted, so long as I didn’t move out of Bombay. So that closed the doors to any of the national law schools for me, because at the time, there were no national law schools in Bombay. That is how I ended up at Government Law College (GLC), which is the oldest, and among the most prestigious law institutions in the country.

    We notice that you have shown real interest in arbitration through your career. Could you share your experience with any case that spurred an interest in the field of arbitration for you, and which shaped your career?

    My first internship in law school was with [Retired] Hon’ble Mr. Justice B N Srikrishna, a celebrated Supreme Court judge. At the time, he was acting as an arbitrator in many matters, and as his intern, I was required to attend some of the arbitrations and help in arranging the documentation, conduct legal research and so on.

    This was my first taste of arbitration, and I was fascinated at its apparent procedural ease, the control it vests in the hands of parties and just the private nature of the entire proceeding (the fact that we could munch on biscuits and coffee during the proceeding didn’t hurt either!)

    I then got the opportunity to be on the ‘inside’ of arbitration, when, as a first-year associate, I was on the team that represented MSEB (Maharashtra State Electricity Board) in an extensive arbitration against another conglomerate. This gave me both hands-on experience and a practical understanding of how arbitration works in real time.

    I further solidified both my interest and my academic understanding of arbitration law during my masters (LLM) from Columbia Law School, New York, where I had the opportunity of studying under and being a ‘Research Assistant’ to Prof. George Bermann, one of the leading minds in international arbitration.

    Since you have been both a law firm associate and an in-house counsel, what differences can one notice while working in a typical law firm v/s as an in-house counsel?

    From my experience – as a law firm associate, we tend to look at any matter primarily from the perspective of the law and apply the law to the facts. We don’t typically factor in the perspective of any of the other stakeholders or the business.

    Whereas as a legal counsel, one must judge a matter not just from a legal angle, but also factor in the needs and impact on the business, on other stakeholders – be it the Board or the shareholders, or even other vendors who may be impacted by any decision or delay.

    As lawyers, we are trained to assess and mitigate risks. So, a Legal Counsel also acts as a strategic advisor to management, advising on various business decisions or initiatives, from a risk mitigation perspective. So as a Legal Counsel, one dons multiple hats and not just a lawyer hat. This is a big shift from being a law firm associate.

    As a litigation lawyer, what are some of the challenges one must face in the beginning of his/her career in the legal profession?

    Well, from my experience, there are two main challenges that one may face at the beginning, as a litigation lawyer –

    1. One is the pay disparity – typically, litigation juniors make lesser than their corporate law counterparts. There may be exceptions today, but this was at least the way things were when we started out.
    2. Second is the rigour that litigation demands. Unless you experience it yourself, it is easy to underestimate the rigour required in litigation practice. In litigation, everyday is a new day. You may have sudden surprises, very narrow deadlines, long wait times in courts, frustrations because of some procedural or bureaucratic red tapes that impede the progress of your matter and so on.  Litigation demands patience, a relentless commitment to work, and a keen willingness to keep learning and growing.

    Regardless, I believe that every law graduate must have litigation experience before branching out into whichever field of law they choose. It is the test of everything that you write in a contract, it will show you (if you choose to see it) the ground reality of the country and will give you an exposure and understanding that no amount of reading can give.

    Through my conversations with various lawyers on The Daily Lawyer Podcast, I can say with some confidence that a lot of lawyers I know echo is view!

    What were the activities, curricular and extra-curricular, that you undertook during your law school days which helped to shape your career? / What kind of internships did you undertake during your law school?

    I was fortunate to read law at GLC, which has unique advantages when it comes to extra-curricular activities and internships.

    When it comes to internships – GLC has a tremendous locational advantage – it is literally a five-minute walk from the Bombay High Court, and the City Civil/Sessions court. Many other Tribunals are also close by, or within easy travelling distance. Plus, GLC has a rich alumnus, many of whom have offices in the near vicinity of the college.

    This ecosystem makes it very conducive for a GLC student to attend classes and simultaneously pursue an internship, all around the year. Ditto for extracurricular activities – the GLC ecosystem encourages one to pursue a number of extra and co-curricular activities.

    So given this veritable bouquet of activities I could choose from, I chose to be in the Magazine Committee, in the Legal Aid and the Placement Committee. We were also among the lucky ones who were present to cover (as part of the Magazine Committee) and celebrate GLC’s 150th year of existence.

    As for internships, I pursued one with [Retd.] Hon’ble Mr. Justice B N Srikrishna, as I already mentioned before.

    Congratulations on starting your own Podcast, “The Daily Lawyer Podcast”, kindly briefly elaborate on this shift and how challenging it has been for you lately?

    Thank you!

    To be honest, unlike my entry into law, my entry into the podcast world was something I keenly desired. I am a huge consumer of podcasts, and have been, even when they were not very popular in India.

    My experience as a litigator, a legal counsel, and a litigant afforded a rounded view of the legal system, not just in India but globally. One striking feature was that people in general were woefully under informed about their rights or concessions.

    They also had a very negative view about lawyers and would come to lawyers only when something went wrong. It pained me to see people suffer drastic consequences in business and life, simply because they did not take well-informed decisions. This is what birthed the idea of The Daily Lawyer – a place where legal information can be given, in an easily comprehensible manner, to enable people make better decisions and mitigate risks in their business and life.

    Of course, it took me a long time to go from idea to execution, mainly because I was terrified of leaving the comfort & certainty of my Legal Counsel job. Luckily, Covid hit, and it showed me that if we could all survive that, then we can survive anything! With that in mind, I quit my job in March 2022, and took the plunge into founding the Daily Lawyer. As part of the platform, I launched the Daily Lawyer podcast (available on Apple, Google podcasts and on Spotify). The video versions of the podcast are also available on the Daily Lawyer YouTube channel, for all those who are interested! I’m happy to say that since it’s launch in June 2022, TDL podcast is now ranked among the top 100 podcasts in the world for Education!

    As for challenges – I would say that my biggest challenge is synthesizing the information in small but easily digestible format and adapting it to what the ‘algorithm gods’ would approve

    (!) The second challenge is of course to get my word out there, garner and nurture a following towards really changing the way people think of lawyers and the law. The connotation around lawyers today is fairly negative connotation, thanks to the general media and movie portrayal of lawyers over the years. My aim is to show people that we are here to help, to assess your risk and create an umbrella for you, so that if there is rain, you will be protected in some way.

    As content curation takes a lot of research navigating around social media, how do you manage this and what sort of preparations one must do for this?

    It is a LOT of work! I would be the first to admit that I completely underestimated the amount of work involved in content creation. Especially when we are speaking of legal information, a great deal of research is involved to get one topic ready.

    Although I am still refining my process and am far from set in it, here is what I typically do – I broadly plan content for a month in advance, undertake my research on each of the topics serially, write out the points, cross-check with current case-laws to see if there is any conflict, then refine my notes, pruning it down to what is relevant to be communicated.

    Once I have my notes ready, I think of the way it should be communicated, either through a video or a post and then proceed to action on that accordingly. Truly, I am working more hours today than I worked in my Legal Counsel job, and that is saying something (!), because that role was a comprehensive, global role as well.

    Lastly, any tips for our young legal commanders?

    Yes. First, congratulations for choosing law as your career. I truly believe that it is extremely flexible and allows for a plethora of career options. Most importantly, a career in law offers a real opportunity to create impact in the world and, like my friend & batchmate Mohini Priya said in her interview, and on the Daily Lawyer podcast, ‘be a voice for the voiceless’.

    My tips to young lawyers would be –

    1. Keep learning! Remember – In the legal field, your success is dependent upon YOU. So, the more skilled you are, the more knowledgeable you are, the more you can apply that knowledge to find effective solutions for your clients, the more successful you will be.
    2. Work hard – Do NOT shy away from working hard. I see this new trend among the young graduates today – they want the glamour & success but are not willing to put in the work. The work is not glamourous – it is monotonous, tedious, and sometimes downright frustrating. But each of that is a building block to your success – the more you know, the more you can apply, the better you will be.
    3. Be professional – Be punctual, make firm commitments and stick to them relentlessly. Do NOT ignore deadlines, be polite and friendly during any interaction with clients, seniors, co-workers, staff etc. and stick to your side of the table. This simple discipline – of valuing both yours and others time, in every way, will reap huge rewards and will strongly aid to your positive reputation.

    Get in touch with Jenna Krishnan-

  • In Conversation with:- Mohini Priya, Advocate on Record, Trained Mediator, Policy analyst, Member of International Legal Alliance and Member of India Child Protection Forum

    In Conversation with:- Mohini Priya, Advocate on Record, Trained Mediator, Policy analyst, Member of International Legal Alliance and Member of India Child Protection Forum

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

    What motivated you to pursue law? How was your under-graduate experience in law school? If not law, which subject would you have opted for?

    I completed my five years law course from Government Law College, Mumbai in the year 2009. Honestly speaking, being from the science stream, pursuing law was not the obvious career option for me.

    I wanted to pursue medicine in the first place but like any other confused student wanted to explore other options as well. Interestingly, around the same time, with the emergence of national law schools and many corporate law firms, law as a career option was becoming lucrative, as it offered a stable career which was financially rewarding.

    Many new offshoots of law had come up, like the IPR, Cyber Laws, Environmental laws, so there was no dearth of opportunities. All these factors were creating an inclination towards law. However, I was not very vocal and outspoken in my school days which made my family sceptical about my suitability for the legal profession, as it is the popular perception that lawyers are supposed to be loud and aggressive.

    In the midst of all the confusion raking up  in my head, I intuitively decided to take up law. In those times there was no CLAT and admission in GLC, Mumbai  was solely on the basis of 10+2 score and interview. The cut off was high but I luckily managed to make it through the final list.

    And that is how this journey began. So in my case it was more a matter of destiny than choice. Hailing from a small town, there were initial hiccups in adjusting to the fast pace life of Mumbai but I believe it is far more easier to adapt to change at a younger age, and so I soon became a part of it.

    Being in the heart of the town, GLC had locational advantage, apart from having some very good professors and an extremely distinguished alumni.

    A few months into college I realized that extra curriculars were as important as academics. I was a part of the Moot Court Association, The Legal Aid Committee and the Student’s Council, which gave me abundant exposure to lawyers and law offices, allowed to acquire some important life skills like organization and team work and also helped me get visibility.

    I did some national and state level moot courts, which gave me a good practical experience of law. I focused on getting a few good internships in Bombay High court and the Supreme Court of India and also did a couple of corporate internships.

    I think it was the last corporate internship which made me realize that litigation was my true calling. So yes, I did take five years at law college to understand what I really wanted to do, but once that happened I held on to my decision and persevered.  

    Do you believe that law students must be taught the ground reality of Court procedures along with the theoretical part?

    Most law schools these days have moot court competitions, negotiation competitions, which give a law student some opportunity of legal research and arguments as well as a preliminary understanding of court manners. However, in actuality, the working of a court is very different and there is no set pattern.

    For a litigating lawyer, every day is a new day. “Legal acumen” is not something that can be taught but is only acquired after years of experience  and learning from one’s mistakes. Sometimes things may not go as planned.

    A lawyer may be fully prepared to argue a case in a particular manner but the Bench may throw a completely different issue at them. Thus real court craft involves creative thinking,  quick decision making  and learning to read the mind of the judge, which can only come after some years of real court experience.

    A good approach to be adopted by law colleges would be compulsory court visits for law students, so that they get adequate exposure to actual functioning of courts. Now with the live streaming of Constitutional Bench of Supreme Court, as well as some other High Courts law students will have online access to courtrooms and can well prepare themselves for the times to come.

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

    India is known for its cultural and religious diversity. Sometimes reading a book or doing a course may not help a law student understand the socio-cultural implications of the problem at hand. Real life references are needed to relate to a particular issue and understand it at a grassroot level. Socio-cultural and religious ethos run deep into an individual’s psyche and that reflects in many of the judgments delivered by Courts. A judgment is not merely an interpretation of a law, but is a reflection of  judge’s cultural background and mindset. A study of court judgments does encourage critical thinking. Take for  example, the recent split verdict of the Supreme Court in the Hijab case. The moot question there was whether there is a right to wear hijab in educational institutions in Karnataka – with one judge affirming that the state government is authorised to enforce uniform in schools as wearing of hijab is not mandatory in Islam, and the other calling hijab a matter of choice that cannot be stifled by the state.

    While both the reasoning are correct, the question we need to ask ourselves is how do we want to grow as a society. Whether we should follow the strict letter of the law or give way to a progressive interpretation in light of the changing times and in the interest of social justice.

    Some of the judgments delivered by Courts may not be in tune with the societal changes and that is where a role of a lawyer comes in- to sensitize and be sensitive.

    Even as a mediator, I come across individuals from different backgrounds and cultures, which helps me better understand human psyche better, which in turn gives me an additional advantage in deriving a solution when faced with a similar situation in courts.

    The Courts in recent times have been moving towards a progressive regime, like decriminalizing homosexuality, declaring abortion as a reproductive choice of women, and including ‘marital rape’ within the ambit of rape for the purpose of MTP Act, to mention a few. In some ways we are ahead of western countries when it comes to fundamental rights.

    However, a change in laws cannot change mindsets overnight, as social and cultural norms play an important role in resisting change. Analysis of court judgments helps in understanding cross cultural diversities and  narrowing this gap.

    You filed a PIL before the Hon’ble Supreme Court, on behalf of a leading IVF Specialist based out of Chennai, challenging the constitutionality of several provisions of the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology Act, 2021. Please tell us about the matter in detail.

    Surrogacy is a rather complex issue as it has several socio-cultural and economic implications. Bringing about a legislation in this field would require extensive study and research as well as opinions of experts in the field. However, the present legislations on Surrogacy and Assisted Reproductive Technique seem to be fundamentally flawed in many aspects.

    Firstly, the Surrogacy(Regulation) Act, 2021 recognizes only heteronormative married couples and fails to take into account other alternative family arrangements like same-sex couples and live-in couples which have been given legal recognition.

    The Surrogacy Act creates artificial distinction amongst women inter se by excluding single women (except widows and divorcees within a certain age bracket) to avail of surrogacy. Single men have been altogether excluded. Moreover, surrogacy is now allowed only in altruistic form from a close relative which is an infringement on a couple’s fundamental right to privacy.

    Unfortunately, infertility is still a taboo in our country and most couples wouldn’t want to disclose such a fact even to their family in order to find  a close relative who is willing to be  a  surrogate mother.

    Thus imposing a blanket ban on commercial surrogacy may prove to be counterproductive and lead to illegal and unregulated markets. Apart from that many provisions under the Assisted Reproductive Techniques Act, 2021(ART Act) are medically not viable and impossible to implement.

    The ART Act apart from restricting the number of times an egg donor can donate in her lifetime, creates no provision for compensation to an egg donor. Moreover, several procedures which were completely legal earlier have been suddenly rendered illegal or in an impasse by the passing of the Acts.

    All these factors have brought donor cycles in our country to a standstill. During the hearing of the petition. the Hon’ble Supreme Court observed that these issues need consideration and has asked the Central Government to file a response. I sincerely hope and pray that the Apex Court gives a progressive interpretation to both the statutes and if that happens, this case could prove to be a breakthrough in the field of reproductive rights.

    How important do you consider legal professionals to work with NGOs and support social initiatives? Do you think it adds value in the long run?

    Law is called a “Noble Profession” and rightly so. We, as legal professionals have a positive obligation to contribute to the society. Lawyers are agents of social change. However, in order to bring about a substantial change, it is important to understand the  problems and complexities associated with an issue at grass root levels and NGO’s provide a very good platform for that. NGO’s work in close association with vulnerable and marginalized sections of the society.

    Working with an NGO may not provide one with an immense amount of money, but it gives great networking opportunities, as well as help a lawyer to contribute towards creating a social impact. Apart from that, NGO’s have extensive research material and experience in the field they cater to, which could be effectively used by a lawyer to become the voice of the voiceless. 

    Lawyers have an additional advantage of knowledge of court procedures and direct access to courts, and can help direct future litigation on important social issues in accordance with an NGO’s aims and objectives.

    I have had the opportunity to work with some leading NGOs like Prayas, which extensively works for rehabilitation of street children and juvenile justice,  and I can certainly say that it has opened a whole new dimension for me which has immensely helped me in my professional and personal growth.

    Apart from that, the satisfaction one gets from rendering service to the community is unmatched. So, I would highly recommend every litigating lawyer to have some exposure of working with an NGO.

    What are the roles and responsibilities for a policy advisor? And will it create more opportunities for legal professionals in coming times?

    Policy analysis includes identifying current or impending problems with a government policy, determining its causes and proposing solutions. A lawyer broadly does the same for his clients and therefore lawyers make for great policy analysts, although not all policy analysts are lawyers.

    There are special courses offered by universities on policy analysis. However, lawyers and law students have a unique advantage when it comes to deciphering legal jargon and forecasting how a legislation would develop. Another advantage is their ability to recognize how a small change in a rule or regulation could have a huge public impact.

    Legal professionals can work in policy space as research fellows in government agencies, think tanks, research organizations and corporations examining complex issues that affect the government and the daily lives of citizens.

    I have personally worked at analyzing some provisions introduced by the Child Marriage Amendment Bill, 2021 and the Juvenile Justice Amendment Act, 2021 as a representative of the NGO Prayas and India Child Protection Forum headed by noble laureate Kailash Satyarthi and I have to admit that it was one of the most enriching experiences of my legal career.   

    What, in your opinion, could be a social security safety net for lawyers after experiencing various pandemic waves?

    It is indisputable that two years of the pandemic has hit lawyers very hard. There has been loss of work, loss of income, many lawyers had to downsize their team and even close down their offices as there was not enough revenue generation even to pay for rents. Virtual hearings have resulted in concentration of work leading to disguised unemployment.  

    Although some of the Bar Councils have done their part in providing financial assistance to lawyers during the pandemic, it needs to be accessible to a larger community of lawyers and specially young lawyers.

    A welcome step in this direction has been the recent observation by the Hon’ble Supreme Court that young lawyers should be adequately compensated by their seniors.

    The pandemic has not just hit lawyers financially but the uncertainty and trimmed income apart from social isolation has had a severe impact on their mental health. There should be some initiative by the Bar Council to conduct counselling sessions for lawyers and seminars on mental health awareness.

    Young lawyers should be encouraged to argue in order to help fast track their career trajectory.  

    The post pandemic era has seen increasing use of technology and a gradual transition towards paperless courts. Although green courts are a welcome step, however some lawyers who are already facing financial difficulties may find it rather difficult to invest expensive gadgets in order to switch to paperless mode, and hence some financial assistance should also be offered to such lawyers.

    What career advice do you have for our readers? 

    There is no “One size fits all” approach when it comes to the litigation. Things may not always go as planned, so be patient but relentless in your efforts. Identify opportunities and take the first step.

    Sometimes what may on the face of it seem to be insignificant might turn out to be a determining factor in your career, so don’t be afraid to take chances. Create short term goals and focus on them. Failure is inevitable but also necessary in order to stay motivated and grounded.

    As a young litigator, there may be many brief-less days. Instead of getting hopeless and frustrated, use that free time to learn new skills, take up some courses and create litigation opportunities.

    Time management is very crucial. Hard work has no substitute but smart work gives you a cut above the rest. Intelligence is a blessing but knowing how to channelize it in the right direction is what differentiates an average legal professional from a successful one. Today, digitally-savvy lawyers are in high demand as technology continues to evolve and progress.

    And as the Indian Judiciary System gradually acquaints itself with cutting-edge technologies, emerging lawyers must do the same.

    Lastly, going by my personal experience, I would like to tell my readers that career confusion is completely natural and pushes individuals to explore different opportunities in order to reach a well thought out decision, so keep your minds open and always remember that growth is more important than success.

    Get in touch with Mohini Priya-

  • In Conversation with: Ayesha Karim, Senior Legal Consultant at Mezzle Law, Enrolled with the Delhi Bar Council

    In Conversation with: Ayesha Karim, Senior Legal Consultant at Mezzle Law, Enrolled with the Delhi Bar Council

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

    What prompted you to choose Law? Did you always want to take Law as a career? 

    Yes, since I was about 12 or 13 years old I wanted to study law; it is difficult to say exactly why I chose law, as it was before the age of the internet and we did not have access to the sources we had today, but reading was a passion and I never changed my mind about the profession I wanted to follow.

    Congratulations on being awarded as the DIFC Courts Law Specialist by the DIFC Academy, DIFC Dubai UAE, can you please enlighten our audience about this academy?

    For over a decade, the Dubai International Financial Centre has catered to the learning needs of the financial services industry by providing a platform for top-ranked educational institutes to deliver professional development and higher education courses. 

    The DIFC Academy continues this legacy by partnering with some of the world’s most reputable institutions to offer a variety of options ranging from short certificate workshops to multi-year executive MBA degree programmes.

    The Dubai International Financial  Centre is a free zone with  common law courts, though the UAE is a civil law jurisdiction. 


    Lexis Nexis published a series of books called the Laws of the DIFC. I co authored the section on the DIFC Law No 10 of 2004, the Court Law with Late Barrister Stephen Field of 1 Pump Court Chambers,  UK.  As a result I was recognised as a  DIFC Court Law specialist .

    What prompted you to choose banking and finance law as an LLM course, and how do you see this area bringing new opportunities for the young law professionals?

    Banks are  very important institutions in any economy as well as in corporate and individual lives. Certainly there are many professional opportunities with such degrees. 

    How crucial is it for the young legal professionals or even the experienced ones for taking Pro Bono work and is there any criteria for choosing the type of such work?

    Pro bono is a way of giving back to society. Everyone cannot afford lawyers. Access to justice is considered a fundamental right in our country and every civilized society and as lawyers we should be part of the larger picture if possible.

    Pro bono work gives lawyers exposure to different areas of law. For example, when working with a legal aid clinic, a firm receives a list of cases that need lawyers.


    A corporate lawyer may get an opportunity to work on a matrimonial matter or an employment case.

    Pro bono cases also give lawyers the chance to work with other lawyers in and build relationships and networks. Exchange of knowledge and ideas is extremely important and interaction with professional colleagues is an invaluable learning process.

    You have so many publications on various topics, what tips do you give to our audience for choosing journals and topics as per that specific journal?

    That would depend on the interest of the audience; there are specific journals for almost every aspect of law. However, it is important to do independent research, published articles can give an introduction to the topic but certainly do not replace self study.

    Insider trading has been there since ages in corporate, such as writing a newsletter on the same, what can be the root cause for the same and steps that can be taken to avoid it completely?

    That is a hard question; Strong regulatory and enforcement systems have to be put in place. Ethics and honesty are character traits imbibed from our families and society. Therefore strong laws can help reduce unlawful acts but cannot eradicate them totally.

    Being associated with a UAE law firm, how can one prepare himself to settle there as a law professional in different areas? What is the road map for the same?

    Look for a vacancy in a busy firm, learn about the new systems and law. At some levels different jurisdictions have challenges, but basically a lawyers work remains the same, wherever they may be.

    What would be your parting message to our young readers?

    Gain as much experience as you can, avoid any toxic offices that do not provide opportunities to learn and grow. Do not accept bullying and sexual harassment, good knowledge and hard work is the key to success.

    Get in touch with Ayesha Karim-

  • In Conversation with:- Divyashree Suri, Founder and Managing Editor at WTO-Boutery: Talk Global Trade and Associate at Economic Laws Practice (ELP)

    In Conversation with:- Divyashree Suri, Founder and Managing Editor at WTO-Boutery: Talk Global Trade and Associate at Economic Laws Practice (ELP)

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

    What does being an International Trade Lawyer in India entail?

    Broadly speaking, being an international trade lawyer in India consists of representing interested parties (including governments) in trade remedy investigation in and outside India, advising clients on Indian and foreign trade policies and taxation regimes, dispute settlement at local forums as well as international forums such as the World Trade Organization, and advising governments on the formulation of trade policy, including negotiations of free trade agreements. 

    This makes the subject an interdisciplinary one, and you end up wearing several hats on the same day. You are a lawyer for all intents and purposes, but you also need to:

    (i) be proficient with accountancy to be able to understand core business-costing concepts which are indispensable in trade remedy investigations,

    (ii) have sound knowledge of economic concepts and principles,

    (iii) be up to date with all foreign affairs and understand how global politics drives international trade, (iv) have a technical understanding of the products and services being traded. Needless to say, one needs the skills to research foreign laws and their practical implications extensively.

    What are some of your takeaways from appearing before a WTO panel at such an early stage of your career?

    First and foremost, working on a WTO dispute is, in and of itself, a dream come true. It is a splendid mix of public international law, international trade law, and domestic law. Moreover, I was fortunate enough to have worked on the dispute with an enormously supportive and motivated team – from top to bottom, which allowed me to have an enriching experience.

    The oral hearings in a WTO proceeding, also known as ‘substantive meetings’, are structured to allow the Panel to fully understand the domestic law or the measure at issue and also the manner in which such measure allegedly violates WTO law. The representatives of both parties are required to deliver an opening statement at the beginning of the meetings, wherein the key issues are summarily argued. Following this, the Panel poses certain questions to each party to understand the issues at hand better. Parties are permitted to comment on each other’s responses, and the meetings close with representatives delivering a closing statement.

    This makes for an interesting round of argumentation, which involves dialogue with representatives of the government of another country. Typically, parties to a dispute are important trading partners. This requires the lawyers to be well-versed with the required laws and adopt a line of argumentation that is delicate and in line with the country’s strategic interests. After all, diplomacy lies at the root of all trade relations. Being exposed to the various considerations which go into WTO dispute settlement at such an early stage of my career has helped me better understand trade policy. 

    What can be the real challenges while establishing a career in the field of International Trade Law?

    I speak strictly from the perspective of working in international trade at a law firm. International trade law is a niche area of law, and very few law firms specialize in the subject. Therefore, finding an open flow of internships and job opportunities in the market may be difficult.

    Describe an interesting matter you’ve worked on recently.

    Sustainable trade is finally becoming the talk of the town (well, the globe), and we are excited about it! Our team is doing a lot of work around trade and climate, labour, e-commerce, data, gender, and food security. Recently, we have worked extensively on carbon border adjustment mechanisms and other measures which help countries align their sustainability goals with trade.

    There are various considerations which go into formulating and implementing such instruments, and it is an interesting shift to witness.

    What personal qualities are beneficial to have as an international trade lawyer?

    As I mentioned, an international trade lawyer must wear several hats on any given workday. Being a jack of all trades makes you a master of international trade (no, having a corny sense of humour is not a prerequisite). I would go as far as to say that having an interest in foreign affairs and international relations is pivotal to the profession.

    As is the case for any lawyer, empathetic communication skills are extremely helpful. Our profession requires us to be in touch with various stakeholders – private clients, external counsels from different jurisdictions, government officials and agencies, trade bodies, etc. Interaction with each stakeholder requires us to be good listeners and have clarity in thought and speech.

    Would you like to give any career/life tips to the reader aspiring to be an international trade lawyer?

    I would recommend reading (or consuming content in whatever form is most palpable) as much as one can about international trade and its intersection with international affairs, economics, taxation, and most importantly, with day-to-day life. I find newspapers and news articles to be a great starting point to remain informed.

    I also recommend subscribing to this excellent newsletter named International Intrigue, which gives its readers bite-sized information every day of the week about what’s happening around the globe.

    How did you develop an interest in trade law? How did you ultimately decide to pursue it as a career?

    I was first exposed to international trade law in my fourth year of law school as a mandatory course. I was intrigued by the subject, and wanted to explore the practicalities of practising a subject like this in India. I interned with international trade law teams, and was enamoured by what the subject had to offer. It brought together my love for accountancy, economics, international relations and law – what could be better?

    As I interned with trade law teams and consumed content relating to the international trade, I was convinced about specializing in the subject. There were concerns about specializing in a niche area of law early in my career, but it was a risk I was happy to take. Now after a few years in the profession, I am glad I did!

    What drove you to start your international trade law blog? How do you think it has helped your career?

    I have often heard law students being intimidated by international trade, given the technical nature of the subject. I believe that international trade is a fascinating subject and should be more accessible for those who want to learn. The team at WTO-Boutery: Talk Global Trade attempts to make trade law updates and concepts more consumable with the help of simple language, tables, flow charts and graphics.

    Through my blog, I remain updated with the recent developments in international trade. In particular, simplifying these updates and concepts helps me revisit my core understanding of the subject and look at it from a different perspective each time.

    Get in touch with Divyashree Suri-

  • In Conversation with: Chirag Madan, Managing Partner at MS Law Chambers, Standing Counsel for High Court of Delhi and Panel Counsel for Supreme Court of India

    In Conversation with: Chirag Madan, Managing Partner at MS Law Chambers, Standing Counsel for High Court of Delhi and Panel Counsel for Supreme Court of India

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

    Tell us about yourself-what motivated you to choose law as a career path.

    Well I was born and bought up in Delhi and did my schooling from Springdales School, Dhaula Kuan. I belong to a business family and there was no connection with law or even courts. But  since my childhood I was somehow intrigued towards the profession of law, it always fascinated me. I always wanted to be a lawyer, however, after my class 10th Board exams I opted for the Science stream under peer pressure, since I was  more interested in the field of law after my 12th Board exams I decided to pursue law.

    Since at the last moment I decided to pursue law most of the law school applications were closed and I only filled up one application and fortunately got through the same. The journey towards becoming a first generation lawyer is scary but I just followed my instinct and fortunately my family supported me .

    How hard was it for you as a non-national law school graduate to begin your career after graduating, and what would you tell future law graduates who feel discouraged not having graduated from a major law college?

    At the time when I graduated in the year 2013, unfortunately it was difficult for a non- national law school graduate to find a job amongst the top chambers or law firms. Though this question makes me feel a little old, today I don’t feel there is much of a difference.  There are many new private universities with good faculties, tremendous opportunities to the students for placement, exposure and guidance.

    Students should not  be discouraged if they don’t make it to any Major Law School .“It is not the end of the world”. However, nothing can replace one’s hard work and persistence. If one wants to be successful they will find a way and law school should not be an excuse. Most of the top litigation lawyers are from non- national law schools.

    How did you get the opportunity to work with big names in the legal industry such as Mr Ram Jethmalani, Mr. Mahesh Jethmalani and Mr Sidharth Luthra?

    Fortune favours the brave. I never thought that I would ever even remotely be associated with such doyens of the Bar. Having grown up listening to the anecdotes of  and having read about the exceptionally prominent lawyers of our country like Ram Sir, Mr. Jamshed B Kanga, Mr. Nani Palkhivala, Mr. Fali S Nariman et all, it was genuinely a dream come true  moment for me when Ram Sir found me apt for his chamber and decided to mentor me.

    It gives a first generation lawyer tremendous degree of confidence, faith, ambition and determination when someone of like Ram Sir shows his unrestrained faith.

    The sense of responsibility to constantly strive against all odds is empowered when senior members of the Bar place their trust  in a first generation lawyer like me.

    During the early  stages of my  professional grooming, I have been extremely fortunate to have had the opportunity to work under the aegis and expertise of someone like Mahesh Sir. It was under his constant vigil that my professional and legal acumen was polished to be at par with the industry standards.

    Later on It was Sidharth Sir who benevolent enough to grant me an opportunity to further polish and refine my skill sets as legal professional under his wings. I could not be  any further  grateful towards my fate for having been subjected to an absolutely strict and disciplined threshold of professional parameters under Sidharth Sir.

    Even now whenever I am faced with any professional or personal dilemma his availability and guidance is one priceless asset  which is strong support system for me.

    You had great mentors throughout. How do you carry the legacy to support the young lawyers?

    This is actually a very tough question . As a first generation lawyer or even otherwise every young lawyer needs constant mentoring and I have been fortunate enough to have worked under the supervision of few of the legends  in  the legal profession.

    All of them are a great source of  inspiration for me . I ensure that I try to carry forward  their teachings  and ways of working not only in my office but also share the same fervor with my colleagues and friends. You never know what might  make the difference in the others’ life.

    What has your experience been like being a Panel Lawyer with Delhi Police, Delhi Government, MCD and Delhi Sikh Gurudwara Committee?

    I feel fortunate to have  gotten the opportunity to work on such panels. It has been a wonderful  learning experience. It gives you both recognition and exposure in the courts. The government is in fact the biggest litigant in the country and hence  one gets a lot of presence  in court in terms of volume.

    Panels also helps one  to understand the working of the government/ prosecution; Which can be of great use when you are a counsel  in matters against the government . It helps you to  build better strategies and also apply your mind differently and become a better lawyer.

    You are a Partner at MS Law Chambers and a panel Lawyer on various commissions and committees. How do you manage the work-life pressure?

    Every line of work demands some sacrifice but in a lawyer’s life most of the time is spent doing work and one’s relationship with family and friends often suffers. The workload coupled with extensive hours makes forming and maintaining relationships quite cumbersome.

    Be it a trial strategy, a bail or a cross-examination, one has to put long hours  preparing for the same. If one doesn’t totally dedicate herself/himself in this tangent of the profession then this not the right career path.

    You’ve accomplished so much in your profession in such a short amount of time; However, given the nature of the legal profession, are you able to carve out time for your other interests or hobbies?

    I think you are being too modest, I am still in the early stages of my career and there is so – much more to achieve.

    Well to be honest, in order to gain something you need to lose something. There are times when you need to give up things in order to achieve your goal but once you start settling down and learn how to manage your time, you do get time for your hobbies or interests.

    I would urge everyone to engage in some daily activates or sports.  Being mentally, physically and emotionally stable is of paramount importance to ensure functioning at optimum  levels in this profession.

    What suggestions would you like to offer to our young lawyers, law students and law graduates?

    With whatever  little experience I have, firstly I would point out that litigation is interesting but very challenging during  the  initial stages. The first few initial years are more of  learning and less of  earning. For a litigation lawyer it is very important to be patient, hardworking and dedicated towards work.  Please remember that success can be delayed but not denied to the one who is deserving . Students should start interning across  different branches of law and make it a habit to study the latest judgments and books including non-legal ones.

    They should always start their career on the original side/ trial courts as it equips you with the essential and requisite fundamentals of the profession and quoting former Justice Vazifdar, “Only a trial court lawyer is a complete lawyer. A trial court lawyer is an artist, while an appeal court lawyer is an art critic.”

    Get in touch with Chirag Madan-

  • In Conversation with: Bhagyashree Pancholy, CoFounder at Avyana GmbH, Metalawyers India, Web3 Law and AI Law Specialist

    In Conversation with: Bhagyashree Pancholy, CoFounder at Avyana GmbH, Metalawyers India, Web3 Law and AI Law Specialist

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

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

    No, I had never wanted to become a lawyer, in fact, my dream was to become an astronaut after watching I dream of Genie as a child. But after graduating with Geography Honours from Miranda House, Delhi University, I filled Law faculty form, sat for the entrance exam, and cleared it. Since it was the first exam I cleared after graduation, and did not want to study anymore during the summer breaks, I just decided to join Campus Law Centre.

    I would have been an environmentalist or a vet if not for a lawyer.

    What can be the real challenges while establishing a career in the field of law?

    There could be many, but I will restrict myself to the two I experienced and get asked about a lot:

    (1) godfather or having mentors/family members in the legal field,

    (2) how can I work remotely or cross border as a lawyer.

    Definitely, in litigation, having a family member or a mentor that supports a novice lawyer helps. But let us come to the second challenge of working remotely and across borders.

    Covid changed the way the world worked and it pushed the Indian judiciary to adopt the technology. Many advocates pleaded from the comfort of their houses by using video communication platforms and many more parties to the lawsuit were given an opportunity to hear their cases in person.

    As COVID restrictions loosened up, many lawyers went back to the old way and yet many new ones want to work remotely. And some, also cross borders.

    What many lawyers do not understand is that with globalization and emerging technology, lawyers will have to be border-less.

    New tech and associated legal areas like data protection, privacy, web 3, cryptocurrency etc. are border-less and the system will have to move from litigation in a specific country to alternate dispute mechanisms like arbitration or mediation. 

    New lawyers will not have to appear in front of a district judge every day, they will be assisting legal counsels and judges outside of India and will need to know many other laws apart from Indian laws.

    This can be challenging as now lawyers will literally be competing with lawyers globally

    Where individuals are still struggling learning about GDPR and data protection, you had a control on it way more earlier, what was your preparation for the same and how professionals can take charge on such critical laws?

    I actually started working in data and privacy when GDPR didn’t exist and many were not aware of this right of theirs.

    At my first place of work in 2012, which was a tech/SaaS company that hosted websites globally, I was introduced to user privacy. The lack of laws and fewer judicial precedents meant every builder had their own way of assigning roles and responsibilities when it came to data privacy.

    The strict segregation of controller and processor came much later when GDPR came into effect, but back then, we were responsible for assigning such roles and interpreting local IT laws in a way that protected the rights of both, user and builder, across jurisdictions. 

    My seniors in the legal team were my guides who had a rich experience in such fields with big companies like Intel, Microsoft, and Google who taught me everything I know about data protection and privacy policies. 

    Even after GDPR came into effect, we did not have to re-do a lot, as GDPR is more about regulation than prohibition (many users believe that under GDPR, companies are prohibited from storing and processing their data which is incorrect).

    I am seeing a repeat of 2012 now in web3 and AI space. The laws are currently non-existed and are being drafted, and each user is interpreting and applying local laws to the best of their knowledge. 

    I would suggest the upcoming legal minds not focus on a lot of courses, but gain knowledge of such laws by experience. I never sat for any data protection and privacy exam, have no certification in this, and yet I know these laws because I learned from working in these sectors.

    Congratulations on being listed as Remote Influencer and Women Lawyer in the Legal Technology Sector, how would you describe your role as a leading lawyer in the technology sector?

    Not easy, in short. Tech is a male-dominated world and when I attend business meetings as a co-founder of my company that researches in the field of Artificial Intelligence, I do get an occasional look.

    Again, I started working remotely in 2012 for many personal reasons and it was very, very tough to break into the industry. Lawyers working remotely was unheard of, and to be in the tech sector, even a lawyer needed to understand the basics of it.

    After working hard for ten years, I am now in a much more comfortable situation where I work on new technology, overseas labour compliance, artificial intelligence and law, remote work and law, and lecture at universities.

    Though it may appear as if I have settled, I can assure you that every month, I end up reading and learning about new tech, digging some judgments on them, and interpreting laws (even though I don’t speak many European languages or am qualified to practice there.

    I have interpreted German, French, Swedish, Swiss, Australian, Canadian, etc laws for my clients in the tech industry or as my role as the GC at Lano Software GmbH), aiding courts and litigators in lawsuits around web3 and AI law across the globe and going back to studying some more.

    At my first workplace, I ended up learning PHP as it was needed for me to understand the tech before writing user rights documentation for it. Now, for my company, I am learning Python to be able to understand our projects, write accurate legal documents for the products and aid my co-founders.

    What are the challenges that HR’s in their work life face with emerging technologies like Meta Verse and Web 3? And how can they overcome those?

    Let us first understand that when employees work in metaverse or any other virtual platform, it is deemed to be a workplace. Employment and workplace health and safety laws will be applicable in these workplaces as well.

    In 2 years since I have been working in this tech, I have seen the following challenges that HRs have faced and I was consulted:

    1. Establishing the identities of avatars that employees use in the metaverse

    2. Checking if the employees are using a VPN or not

    3. VR headsets that are available in the market are bulky and may cause temporary disorientation, watery eyes, headaches, or other nerve-related issues if used for longer periods of time. Injuries from the usage of VR headsets may amount to workplace injuries for which employers will be liable.

    4. Cases of cyberbullying, harassment, or discrimination in the virtual workplace will also be the liability of the employers.

    5. HRs will need to remember that employment contracts signed in the metaverse may not be legally binding, hence, such contracts should be signed as per the local laws in the non-virtual world.
    6. Salaries, remittances, perks, and benefits to the employees must be done in legal tenders only. There is a trend of accepting crypto payments as salaries or to contractors for their services rendered, which is illegal. However, there are a few apps that facilitate this and can be used as they deduct the mandatory taxes from the gross amount, turn the net amount into cryptocurrency and transfer it to the beneficiary.

    What HRs can do to overcome such issues:

    1. Draft workplace policies that take into account the metaverse workplace.
    2. Include cyber bullying, online harassment, discrimination and other forms of online safety norms in the company policies

    3. Prohibit the use of VPNs by employees

    4. Maintain and update a list of avatars that employees use and ensure that they are not copyrighted and are available for commercial and non-commercial use 

    5. Draft an extensive and clear-cut workplace safety policy

    6. Conduct company-wide training for the usage and code of conduct of the VR workplace

    7. Set salaries and compensation expectations right. Will these be made in cryptocurrencies, if yes, how and if no, why should be mentioned in the employment contracts.

    8. Draft a VR workplace policy, in addition to the regular workplace policy, that should contain all the issues related to VR.

    You have a decade of experience in dealing with employment laws, at a similar pace, how crucial is it for the employees to strike a balance between work-life balance and are there any laws that we should be aware of significantly?

    Since I work for a German company, I can tell you that the laws in the EU are very strict and employee-friendly. As per German laws, I cannot be disturbed during my non-working hours and cannot work overtime, unless mutually consented.

    In India, the concept of work-life balance is unheard of at many companies. Toxic work culture, unnecessary work pressure, office politics and favoritism, and lack of knowledge of the employee’s part of their rights are duties are major challenges.

    I have to admit that these challenges also exist in the EU, but there are regulations that prohibit employers from doing certain actions that result in a toxic workplace environment.

    The laws also exist in India, but the question is always of implementation and the lengthy process of getting justice. Labour courts in India are slow and definitely have a lot of work, but then employers do manage to get out with little to no repercussions. 

    The HRs and the in-house legal team at companies should continuously educate the employees about their rights so that friction is easily mitigated.

    In the EU, employees enjoy protection to a very large extent and the onus is on the employer for many issues, thereby, making it easier for the employee who has been wronged to get justice.

    One must always remember, you are replaceable at the workplace, but not at home.

    Will AI be the future of law?

    Legal tech is to a lawyer what a tractor is to a farmer. A recent report I read mentioned that AI was more accurate at reviewing a contract than a team of very experienced lawyers (96% to 81%). And then there was a very interesting discussion on if AI will replace lawyers.

    Having worked in deep AI for a little less than three years now, I can tell you that legal tech powered by AI will be a boon and not a bane.

    Currently, AI is not 100% accurate and there will always be a need for a human to counter-review as AI has its own limitations. AI will be an aide and not the controller.

    In a few courts in the Netherlands, for a test project, AI was also deployed to aid the judges in delivering judgments, researching case laws, and suggesting legal theories which actually helped the judges a lot. 

    Of course, lawyers in the future will intervene to eliminate AI bias and that I think will be a major game changer, combining the accuracy of AI along with the rationality of humans.

    Can an Advocate be soft-spoken yet established; what do you think about how the legal profession takes this quality?

    Yes, absolutely. It is very wrong for people to think that a loud or aggressive individual will be a good lawyer. To be a good lawyer, one needs to have sound reasoning, analysis, logic, and effective communication skills along with strong professional skills and ethics. 

    Get in touch with Bhagyashree Pancholy-

  • In Conversation with: Paras Jain, Partner at KZJ Partners and Founder at Whistle for Public Interest-WHIP

    In Conversation with: Paras Jain, Partner at KZJ Partners and Founder at Whistle for Public Interest-WHIP

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

    Paras, please tell us how it feels to achieve so much at such a young age marking your presence globally?

    It gave a sense of great pride, as I won my first legal battle against a giant company misleading and selling fairness creams in India. It boosted my confidence to handle high stake and complex legal disputes single handedly. But now, it acts as a motivational force to work for public causes.

    Generally, complex matters are so critical that advocates fear not even taking them, but you have ferociously fought and won too. What keeps you going with these matters?

    I do not think that advocates have any fear of not taking complex matters. It is a personal choice of one whether to take such matters or not. For example, I have personally fought cases dealing with Right to Information (RTI) Act involving critical questions of law. This has both positively & negatively impacted public at large in getting information from authorities.

    Being a responsible citizen and an advocate, I understand the importance of protecting right to information. This is what keeps me going with these matters.

    Our audience is keen to hear your landmark legal battle against ICAI, ICSI, ICWAI, CBSE and DU

    As ICSI student, I requested ICSI to provide me copies of answer-sheets at cost of Rs. 2 per page as per RTI Act. But ICSI was adamant in charging        Rs. 500/- per subject from all examinees. This was causing wrongful loss to examinees and wrongful gain to ICSI. Case was litigated at all levels and was ruled in my favor by the Supreme Court of India in                             ICSI Vs. Paras Jain, Civil Appeal No. 5665/2014. 

    Subsequently, the ruling has been followed in letter and spirit by professional and educational institutions ICAI, ICWAI, CBSE and DU which all were charging exorbitant fee from examinees.     

    In nutshell, this landmark judgment has been beneficial for student community in India

    What obstacles have you faced in acing your career in litigation and shining with true colors, tell our audience the accurate road-map?

    Though there have been many obstacles but certainly the crucial obstacles were to get the family support and to find the right seniors to mentor in the process of litigation. I wish to thank my parents and my wife who stood by my choice of pursuing career in litigation. I also wish to thank my seniors Mr. Rajiv Mohan, Mr. Jayant K. Mehta, Mr. Abhimanyu Kampani, Advocates, who have been the guiding force in my career.

    For accurate road-map, I would say that law students must participate in moot court, debates, writing competitions and undergo different internships. This enables law students to analyze & to know their area of interests, and helps them in pursuing their career in a particular field.

    We have read that you are the founder of Whistle for Public Interest-WHIP, our audience is excited to hear from your end, what’s it all about?

    Whistle for Public Interest-WHIP is a group of law students and young lawyers founded in 2015 when I was in law school. Group has been working consistently for transparency, legal reforms and environmental protection. Group has been successful in bringing use of A4 Size Paper in legal proceedings, use of Mic-System & setting up of Online RTI Portal in Supreme Court of India.

    The group has also intervened and assisted the Supreme Court of India and High Courts on questions of law relating to right to information.

    Group has also been providing internships to law students through “Intern from Home” Program.  Under this program, law students interact with subject experts on issues of public interest and understand ground realities & its impact. Group efforts have also been recognized and appreciated by former Chief Justice Akil Kureshi, High Court of Rajasthan. 

    Truly speaking, there’s been a lot of misconceptions regarding litigation in India right now, what piece of advice would you like to give to our young law students?  

    Law colleges and law students have a major misconception that only Corporate & Arbitration laws can assure law students lucrative career in law. But today every law has its own significance and its impact on clients and the society. In my opinion, law students should explore other areas of law as well and practice litigation according to their interest and passion.

    Law students can easily do these things by attending conferences, seminars & court hearings. Ultimately, the purpose of life is to secure joy and the Comparison is the thief of joy.                     

           

    Get in touch with Paras Jain-

  • In Conversation with: Adv. Ripple Hamza, Founder and Legal Consultant at Confrere Global Legale and an Empanelled Arbitrator at Thailand Arbitration Center (THAC)

    In Conversation with: Adv. Ripple Hamza, Founder and Legal Consultant at Confrere Global Legale and an Empanelled Arbitrator at Thailand Arbitration Center (THAC)

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

    Could you please share with us about your inclination towards law,  what inspired you to work in the corporate sector?

    As a young student I was inclined to become a corporate lawyer as I had seen my father who worked in a shipping company in Dubai speak about the role of lawyers in Maritime law and trade .

    The company he worked for was having a number container ships which were often having advice and legal intervention from Lawyers . 

    I believed lawyers as heads of nation did more than just a politician everywhere in the world .

    The lawyers who turned to politicians have been remembered by majority of the people in the world for their productive good deeds and have changed the world a lot . 

    Your experiences are diverse in many aspects, but what creates curiosity in our minds right now is “Maritime Law”, kindly explain this niche for our audience

    Maritime law is a very important law with regards to the trade of the world . The majority of cargo movement happens through the sea . Nations have changed their faces and development happened to a great extent with Maritime law and logistics. 

    There are more ships at sea than all the ships in ports carrying various products for all the countries . 

    Maritime law has played a major part in avoidance of conflicts and delays of good transit around the world . 

    We assume that such expanded work requires smart people in the room. So are you a team player or is it a “one-man show”?  

    I have a good team to back me up with my juniors and associates from different countries .

    They are people of high learning capacity and quick in finding solutions .

    Confrere Global Legale was made with integration of most of them so that an international association would make things happen quicker.

    The core team of CGL are people of good research and learning in their fields of legal practice . 

    Most often dealing with different countries comes with its own challenges and unavoidable hurdles. How do you manage that and what has been your game plan so far?

    We have the best influential and informative lawyers to support and joint venture with us where ever we practice law beyond the boundaries of our nation.

    Their capacities, knowledge and influence with various departments and organisations have helped us get into solutions without delays.

    Your profile takes us to the next interesting angle, being an investor in startups, how do you see these startups scaling employment opportunities for law students ahead?

    The startups create innovations and employment opportunities. Lawyers who are innovative and fast in  adaptive technologies have an advantage over others in advising these startups ans taking them ahead . 

    Young lawyer are more adaptive to technologies and becoming legal advisers to such innovative startups. 

    What thin lines you observed between Indian laws and European law dealing with different transactions?

    European law is more modernized and technologically adaptive to users as for trade and diplomacy . Indian laws have a lot to be changed and we are on the changing phase with many of them .

    The present laws brought out are a fine example of our changing phase in legislative enactments to suit our needs on par with the rest of the world . 

    Young law professionals still often choose hard work over smart work, what do you think about this aspect? How can this be changed?

    Today the legal world needs smart work more than the hard work . So young lawyer who are doing the smart work gain a lot in comparison with those who do the hard work . 

    Smart work can also be called effective work . This is needed to take trade ahead into greater heights for an example . 

    The recent CEPA signed between UAE and India is a fine example for it .

    The hard work of making it is over but to get its benefits to people of trade, smart work of knowledge spreading and practical usage needs to be done which is yet to be done .

    So hard work alone will not suffice today smart work plays a major role for young lawyers especially in trade law . 

    Get in touch with Adv. Ripple Hamza-

    RELATED ITEMS: COUNSEL, FEATURED INSIGHTS, FOUNDER, LAW FIRM, LAWYER,  

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  • In Conversation with Vikrant Parashurami- A Hotel Management grad who went on to pursue Law, and now heads his own Law Firm, P Legal – Parashurami Legal

    In Conversation with Vikrant Parashurami- A Hotel Management grad who went on to pursue Law, and now heads his own Law Firm, P Legal – Parashurami Legal

    This interview has been published by Ojuswi Sahay, Sonali Parashar and the SuperLawyer Team

    What prompted you to pursue a career in Law after graduating in Science from the Institute of Hotel Management, Catering Technology and Applied Nutrition, Mumbai? 

    I wanted to study further after Hotel Management and my preferred course was Law. Also, having both parents in the Legal field further prompted and pushed me to take law as my preferred choice of stream. Having Hotel Management as a previous qualification, the plan was and still is to take up work involving the two core fields of my education i.e. the legal issue relating to the Hotel and Hospitality Industry.

    Was there any specific reason to pursue a Diploma in Modern Applied Psychology after completing Diplomas in Corporate Law, Intellectual Property Law, Cyber Law and a Post Graduate Degree in Alternative Dispute Resolution? 

    Certainly, there was a specific thought process and reason for pursuing and studying Modern Applied Psychology. The Diploma in Modern Applied Psychology involved the science of human behaviour and how to apply it to everyday life and that is an essential and inseparable part of the Legal field, especially the Litigation part of it. A study of this aspect would certainly help in practice (litigation) hence the course was taken up and completed. 

    Do you enjoy training young minds? Do you believe one can always teach and learn at the same time? Would you like to share any skills or habits that you inculcated after having years of experience in teaching?

    I absolutely love interacting with young minds and students and I started teaching right after my graduation in Hotel Management. My first class of students comprised of students from my graduate college i.e. IHM Mumbai. I am a staunch believer that one tends to learn continuously while one teaches and interacts with students.

    I have taught students of the 3 and 5 years law courses and the students in 3 years course are generally from a very broad age group and interacting with such a broad age group always gives you different perspectives about law and life in general. Teaching law students has definitely taught me to be more patient, be more open to different perspectives and be open to the idea that you might not always know everything and that there is always something to learn from everyone. 

    How can a young lawyer step into international practice? Do you think working with foreign firms propels career growth?

    Personally, I got an opportunity to work with an attorney practising with a U K based law firm because one of my professors thought I would be a good fit for the work and that professor was in fact supposed to undertake that work, but due to some prior commitments on the part of that professor, I got an opportunity to work with that Attorney and learn.

    So from my personal experience, I would say that you just have to do your best whenever you get opportunities and make sure you interact with as many people as you can during and after your law graduation or for that matter any course that you take up. Working with a foreign firm certainly gives you great exposure and that certainly helps in getting you prepared for better opportunities that come your way in your career.

    You happen to be empanelled with various Insurance Companies, online platforms, and also BMC. Can you tell us a bit about your role and which role do you enjoy the most and why?

    I am empanelled with various companies including Insurance Companies as their panel advocate. I am empanelled as a dispute resolution professional with online platforms and I am empanelled as a counsel with the Municipal Corporation of Greater Mumbai commonly known as BMC.

    As a panel advocate for insurance companies, I am required to protect their interests before Courts and Tribunals. As a Dispute Resolution Professional, I am required to be an Arbitrator, Mediator or conciliator in disputes that the parties submit to these online platforms for resolution. As a counsel for MCGM or BMC, I have the responsibility of representing the MCGM/BMC before various courts as a Counsel and arguing cases on behalf of the MCGM/BMC. 

    Very frankly I enjoy all the roles and the responsibility that comes with each as all different roles involve dealing with issues under different laws and I prefer working on a variety of laws and issues. As a member of the legal fraternity and as an advocate  I believe it is our duty to give back to the society as much as we can and by taking up different roles and by dealing with issues under a wide range of laws I feel I am getting better equipped to do my part to the best of my capabilities.

    Would you like to share your experience as a member of the Managing Committee of the Advocates Association of Western India (AAWI)? What are the eligibility criteria for this role?

    As a member of the Managing Committee of the Advocates Association of Western India, I have been able to interact with advocates practising at the Bombay High Court, especially on the Appellate Side and have been able to be a part of the committee that is supposed to be the voice for the advocates and take up their issues with the Bar Council of Maharashtra and Goa and with the High Court Association. This has also helped me in understanding another aspect of being a part of the legal fraternity that requires dealing with issues faced by the legal fraternity and resolving them.

    You also happen to be heading your legal firm by the name of P LEGAL – PARASHURAMI LEGAL since October 2019. Can you tell us a bit about your law firm? And, what is the life of a Founder of a reputed law firm and a renowned lawyer like?

    I have been practising since 2012 and have started my law firm by the name P LEGAL – PARASHURAMI LEGAL in 2019. The motto of the firm is to provide Practical, Practicable and Pragmatic legal solutions (If you take a closer look at the logo of the firm, the P in the logo has 3 lines which indicates 3 P’s which in turn stand for Practical, Practicable and Pragmatic in addition to representing my surname).

    As a firm, we take up a variety of work which includes consulting as well as litigation and we represent a variety of clientele in their legal issues and disputes. As a Law firm, it is our endeavour to expand our scope of work and take up varied work in a variety of streams in Litigation as well as non-litigation, while providing legal solutions to our clients. 

    As a firm, we also try to provide law college students opportunities to get practical experience while interning with us. 

    Coming to the aspect of being the founder of a reputed law firm and renowned lawyer, I would only say that there is a long way to go and there is a lot more work that remains to be done as the Legal field is dynamic in nature, there is always scope to do more and learn more and get better every time. 

    Also, being associated with an organisation that is recognised for doing good work and being a professional who is getting recognition for good and genuine work, only adds to the responsibility and makes me strive harder to do better work. While striving to do better you only realise that there is a lot that can be done in the field in general and for society and this entire process is most certainly a humbling experience. 

    At last, would you like to give any parting advice to the young lawyers out there as to how can they practice litigation considering the current era of digitalisation? 

    The advice I would like to give to all the young lawyers, from my personal experience, is that as lawyers we should never shy away from any sort of work that comes our way and that as lawyers we should push our limits and expand our horizons. 

    As I have earlier mentioned, the legal field is dynamic in nature and as such, every advocate gets hands-on experience in dealing with the ever-changing environment in litigation and therefore is well equipped with dealing with new things. Digitisation, I feel, is one such change which every advocate should and can adopt and adapt to and moving forward, that is going to be the way all work would be undertaken. 

    For lawyers who have recently started their practice or would be starting their practice soon, they are better placed according to me as they get an opportunity to digitise all their records right from the very beginning and that would certainly work to their advantage. 

    To wrap it up, I would like to wish all the young lawyers and budding advocates and mention the two lines or sayings that have always helped me and that would certainly help many budding lawyers in practice: 

    Work hard in silence, let your success make the noise & Never say never.

    Get in touch with Vikrant Parashurami –

  • Dr.Kabir Duggal on working as an Arbitrator in the US, being a Harvard-Oxford-Leiden-NYU scholar and being an inspiration to thousands.

    Dr.Kabir Duggal on working as an Arbitrator in the US, being a Harvard-Oxford-Leiden-NYU scholar and being an inspiration to thousands.

    This interview has been published by Isam Kabir and The Super Lawyer Team. The Interview was taken by Priyanka Cholera.

    Dr Kabir Duggal is a Senior International Arbitration Advisor in Arnold and Porter’s New York office focusing on international investment arbitration, international commercial arbitration, and public international law matters, He is a graduate of the University of Mumbai (Gold Medal), University of Oxford (DHL-Times of India Scholar), NYU School of Law (Hauser Global Scholar), Leiden Law School (2018 CEPANI Academic Prize), and is currently pursuing an SJD Degree from Harvard Law School.

    1. Your accolades and achievements are known to the world, the career trajectory you have witnessed is one everyone dreams of but only a few achieve apart from all these. What is something the media or the world at large doesn’t know about you?

    I am delighted to be here. And very grateful for the kind words. I think two things that people don’t realise, and this is true for everybody, is that we need to be a little more sensitive and give ourselves a little more of a break. Second, there is a lot of hard/smart work behind the scenes but there is going to be a fair bit of failures. For every ten things you do, nine times the answers will be a ‘NO’ but the tenth answer might be a yes! So, you need to keep trying. Keep the good fight on! 

    Further, you need a little bit of the right time and right place and so we must not take for granted the opportunities. In India, in particular, there is so much talent. You need the opportunity to channel it and that sometimes is not fully within your control. But always try and grab opportunities whenever you can.  CaRPE dIEM.

    2. Let’s start from the beginning: why law out all the career choices available?

    I got into law, unlike a lot of people today. Most people today get into law right after high school. I did not. I did the three-year course after I had an undergraduate degree. The decision to enter law was not one that I had taken lightly. This is what I encourage everyone to do: think about your skill set, think about things that make you happy and try to find a career that combines both of these. So I realised that I like speaking, debating, writing and I thought that that skill set fills itself nicely with the legal profession. When I got into law school, I realised – this is fun! 

    3.In your academic trajectory, right from GLC to Harvard, routing through NALSAR, NYU, Oxford, Leiden, you have been denoted as a scholar, rightfully so, what about academia or research kept you going?

    As noted above, my decision to get into the law was a conscious choice. So I got into something I enjoyed, I mean no one is compelling me to do all this. I do it because I enjoy the process–getting to read things that are fun, getting to talk to people who are very smart. Different people can look at the same thing very differently. I think in Jain philosophy, it is the Anekantavada philosophy, where the same thing can be understood in so many different ways. I do feel particularly privileged to have been affiliated with some of the best universities and study with the best minds. 

    4. How has your experience before venturing into arbitration i.e as Judicial Clerk, Honorable Justice Sujata Manohar, Consultant, Development Research Group – At The World Bank Group, Legal Consultant To The Child Protection Unit – Unicef has shaped you and can you share an experience or two?

    Justice Sujata Manohar is a pioneer, a truly remarkable person. She was able to study law at a time when women did not have equal opportunities (and this is true all over the world). She became a Supreme Court Judge but her humanity and compassion made her stand out. I look at her as a mentor and a role model even today. And if I can become half the person that she is, I will consider that a success. 

    My interest when I got into higher education was in the areas of public international law and in human rights. And that’s where UNICEF and the World Bank came in. And both of them were very different but very amazing experiences which are really hard to come by. You really do feel quite privileged to have had those opportunities. UNICEF began as an unpaid internship. It started off that way and became a two and a half year stint. In fact, they invited me to come back after my masters at Oxford and before I started at NYU.  

    While I was at NYU, the World Bank Group offered me a consultancy and that is how that position happened.  Again another fascinating experience. 

     They were very different areas of law. One was looking at child rights and child protection while the other was looking at socio-economic rights in the developing world. This experience has been pretty remarkable because it exposed me to a wide range of areas within international law. 

    5. One of the most interesting observations we have noticed is you have kept human rights in the centre of your academics, what inspired the shift to arbitration? 

    My interest has always been in public international law.  International arbitration, particularly investor-state arbitration, allows me to pursue my interest in public international law and human rights because the cases often involve an intersection between several areas of public international law.  But, my interest in human rights still continues. I am part of a team that has created a global non-profit to increase access for arbitration lawyers from all over the world (https://letsgetrealarbitration.org/) and I work as a consultant for the UN office for Least Developed Countries. 

    6. How has your time at Curtis, Mallet-Prevost, Colt and Mosle LLP, Baker McKenzie, honed you in the arbitrator you’re today?

    It’s been a very exciting journey to work on some of the largest and most prominent disputes. Every firm has a different culture. Every firm has a different way of looking at things. In the investor-state context, in particular, some firms focus more on state work, some focus more on investor work, some do a hybrid of both. So getting exposed to different people, different ways of doing things, I think challenges you and helps you appreciate things in a variety of different ways. Indeed, you can get very comfortable doing the same thing the same way every day. I think having something to challenge you helps you learn a different skill, a different way of doing things.

    Undertaking training for the Government of Myanmar

    7. Can you tell us about your PhD thesis on Investor-State Arbitration at Harvard as well as Leiden?

    Investor-State Arbitrations, sometimes you call Investment Arbitration, is a specialised form of International Arbitration. This is arbitration between a foreign investor and a sovereign state. Your Respondent is always going to be a Country or a State and the Claimant is a foreign investor. Here the foreign investor alleges violations of international law that often arise out of investment treaties or (domestic) foreign investment laws. And the dispute is resolved before an arbitral tribunal. Some examples in India are like Vodafone which brought its case against India arising out of a tax measure. This was under the UK-India investment agreement. That would be one example. These are cases against the sovereign so by nature, they tend to be highly political and long-drawn. It’s a lot of fun but there is a lot at stake. 

    At Leiden, my focus was on evidentiary standards in investor-state arbitration. This is a fascinating topic because international arbitration seeks to avoid detailed rules of procedure and evidence.  However, a tribunal is still bound by certain evidentiary rules.  The process was to identify what principles of evidence could be derived from the general practice of states and from public international law that would bind tribunals.  I was very privileged to receive the Academic Prize from the Belgian Arbitration Center for my research.

    My current research at Harvard looks at the intersection of human rights law and investor-state arbitration. Investment disputes often tend to implicate human rights.  For example, an investor may allege that a state policy implicates the right to fair and equitable treatment but the state may seek to justify its actions on human rights considerations.  My research seeks to unpack this tension between investor protection and human rights. 

    The Leiden Defense
    The image is following the Leiden Defense

    8. You have been teaching at Columbia for nearly a decade now, and have taught at Madrid, Georgetown University, India, Harvard to name a few that pulled you towards it as given your qualifications you could have easily taken a corporate job or started practising given that you are qualified to practice in New York (U.S.), Washington D.C. (U.S.), England & Wales (Solicitor), Maharashtra and Goa (India)?

    I have always wanted to teach. As of this year, I have completed twelve years of teaching. Indeed, when I had started some of the students at Columbia University were older than I was. I enjoy it. It is something that I enjoy. I am a big believer in people doing things that make them happy. If something makes you happy, go for it. 

    9. You are a part of the Rising Arbitrators executive board, Consultant for the United Nations Office of the High Representative for Least Developed Countries, Landlocked Developing Countries and Small Island Developing States (UN-OHRLLS), you have published over 40 articles and spoken at over 300 arbitration events across the globe, what inspires these endeavours?

    Thank you, All these are things that are fun, I enjoy them. I like writing, speaking, and meeting new people. When you do something you enjoy, it does not seem like work. Some of these activities are also opportunities to make a difference and so I feel particularly privileged to have the opportunity to do so.

    Undertaking a Government Training with Representatives from Saudi Arabia (which is my country of birth)

    10. You started your journey as a law student in 2001, in GLC you have been part of this fraternity for 20 years now. What has changed for you in this passage of time?

    When I went to law school there was only one national law school.  NALSAR & NUJS had started and they still hadn’t had even the first set of students who had graduated. If we look at the legal landscape in India today it is very competitive. With the proliferation of law schools and people with ambition, it is a rather different reality. 

    Indeed, when I was in law school,  there was some amount of stigma in studying law- “You can’t do anything. So, you’re doing the law.” So, I think that would be the biggest change. There’s a lot more dynamism. The law students are a lot more dynamic and are a lot more willing to be enterprising and that’s a good thing. We are seeing the market evolve as well– for example, we are seeing greater think-tanks, non-profits, academic avenues in India. All this is great for our profession. When I graduated, legal education was still in the nascent stages. I look at it now though, you have people who are very thoughtful scholars today; people who are really engaged. That’s good for India at large. The profession is in better shape than when I was in it. So I look at it as a good thing. It’s becoming quite similar to the American model- very competitive, but the people who get into big law, so to speak, have a very steady career path set for them.

    11. How often have you been the only Indian in the room? Do you think silent racism towards Indians or Asians still persists or they’re still underrepresented in board rooms and classes?

    I think this is a great question and is worth addressing. Does racism exist? The answer is yes. Does racism exist against Indians in the law field in the west? I think the answer to that is also yes. It may not always be direct or overt but it does exist. If we look at the United States, Indian Americans have done extremely well in business, science, technology, engineering. That has still not been the case for the legal profession. But hopefully, things will change and we should always strive to do two things. First, we should always be aware of the privileged position that we are in and we should try, whenever we see bad things happening, to stop it. We’re lawyers and we are in a privileged position to stand up to injustice. There are people who don’t have that, both in India and in the US, and it’s important for us to stand up for injustice (this can often be taking a stand against innocuous sexist or offensive stereotypes). The second point I would just mention is, last year in the US (although this is not unique to just the US), you looked at violence against African Americans and then Asian Americans, which really got us to reflect on the inequities that exist even in our profession. We, therefore, launched an initiative called REAL- Racial Equality Arbitration Lawyers and one of our goals there is to advocate and give access opportunities to people who otherwise don’t get it. We give a lot of scholarships to attend arbitration events which can often be very expensive. I would encourage the viewers to look at this if they’re interested in arbitration, these are put on our LinkedIn Page: https://www.linkedin.com/company/real-racial-equality-for-arbitration-lawyers.  We are free to join the organization so if you are interested, consider signing up.

    12. What are a few pieces of advice you’d like to give to students or lawyers who want to pursue foreign education through scholarships?

    First, You need to start the planning process early. There will be an academic component and there will be an extracurricular component, both are important. Make sure you’re not doing one at the cost of the other. Sometimes you see people who have done like 15 moots, leadership positions in many organizations but grades are mediocre or you see people who’ve only focused on grades and done nothing else. So my suggestion is to find a good balance. 

    Second, have a nice consistent narrative to tell. Can your narrative change? Yes, it can. Tell it in a manner that’s interesting, that’s personable, but reflect a little bit on your story. 

    Third, pay particular attention to scholarships and see the requirements that they have as well as the deadlines. 

    Fourth, access your financial situation and make an individual assessment of whether or not it makes sense for them to pursue higher education if you have to take out a loan. Be prepared for the best and worst-case situation. Jobs outside India are few and far between and highly competitive.

    Finally, consider the visa reality. This is probably one of the areas that are not within your control. This is increasingly becoming harder and harder, as countries are restricting immigration. So when you’re doing your pros and cons, you really need to factor in this reality.

    13. It is known to us that apart from Hindi and English, you are fond of Urdu and have learned Spanish and Sanskrit as well, what are some of your favourite reads?

    I think with time my interest has been becoming greater and greater in reading books on history. And my specific focus, not exclusive, but the specific focus has been on reading about different aspects of Indian history. When you don’t live in India this is one way to remain connected with your heritage. I am currently reading the Age of Wrath by Abraham Early that discusses medieval India (even though the book focuses on the Delhi Sultanate there is a very interesting discussion on the Vijayanagara empire as well). 

    14. In your opinion, how will pandemic change the way we perceive education? Do you think it has achieved the philosophy of the world being a big classroom?

    The pandemic has definitely caused a lot of suffering. I will acknowledge that at the outset. Having said that, some good things have come out of it. And one good thing that has come out has been embracing technology. There is something to be said for in-person meetings but there’s something to be said for having opportunities like this where you can talk to people across time zones, across different countries. So, hopefully, post-pandemic, we keep some of this alive. The world has become a lot closer.  

    15. How does it feel to be a source of inspiration for so many people? 

    I am very grateful to hear this and am touched that people feel inspired.  I believe that my journey has still just only started 🙂 

    16. What would be your parting advice to students and everyone dares to dream big?

    Have a plan and go for it. Dream big and also be realistic. But there’s nothing wrong with aspiring. Take advantage of avenues around you. Avenues like Law Sikho didn’t exist when I was in Law School. Take advantage and be positive, failures will happen and that’s fine. To quote Kelly Clarkson- ‘What doesn’t kill you, probably makes you stronger. Therefore, take charge of your career.