Super Lawyer

Tag: General Corporate

  • Aarzu Khattar, Advocate At Khaitan & Partners (SJK) Shares Her Knowledge On Client Counselling, Certain Aspects of Commercial Agreements & Opportunities In Arbitration

    Aarzu Khattar, Advocate At Khaitan & Partners (SJK) Shares Her Knowledge On Client Counselling, Certain Aspects of Commercial Agreements & Opportunities In Arbitration

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

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

    My journey to choose law as a career dates back to the day when I accidentally met a judicial officer at one of my relative’s place. After interacting with him, I was fascinated by his personality and his love for the law. Immediately thereafter, out of curiosity, I researched about law. In great part, I wholeheartedly thank my mother, who motivated me to pursue law. Over the past few years, I gained first-hand experience by witnessing various court proceedings, which improved my procedural knowledge of the law hence, my overall journey has been incredible.

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

    The insurmountable obstacle at the beginning of my career was my introvert nature. I overcame this by watching Suits, the famous American Legal Drama Television series. Another impediment was that I am a first generation lawyer with no Godfather in the profession. I overcame this by being consistent in my efforts. I sincerely believe that dedication and constant efforts are stepping stones towards success, hence, I ensured that I learn atleast one lesson of life/ practical application of law every day without losing hopes.

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

    Answer – In order to address ethical dilemmas that arise at work place, I preach the principle of dispute avoidance. Ethical dilemmas occur in all facets of life and I believe it is essential to address them at a nascent stage so that majority of conflicts can be avoided. It is crucial to separate yourself from the problem and act neutrally.

    We lawyers do a lot of research in making our cases but the majority of the time, when an ethical dilemma comes, we skip the critical thinking and rush to make the judgment call. It is only at a later stage that we realise about the damage that has been done and that’s when we do the damage control exercise. However, if we look upon situations of ethical dilemma from a bird’s eye view, we can be a step ahead and act rationally.

    Ethical dilemma should not always been seen as something that brings negativity. It is a way to come up with more meaningful realizations.

    How far do you see the importance of Client Counselling?

    The importance of Client Counselling can be better understood by the quote from Lois McMaster Bujold – “The dead cannot cry out for justice, it is the duty of the living to do so for them”. Client counselling is an art that we, as lawyers learn as and when we interact with aggrieved litigants. When an aggrieved person approaches a lawyer and starts narrating their dispute, it is important for a lawyer to identify and segregate the who, what, when, where and simplify the dispute redressal mechanism for the Client.

    The Lawyer should listen to the Client without any mind-chatter and give their undivided attention to the Client. A good lawyer, by good counselling will always be able to get the best relief for their Client. Efficiently communicating with the Client is the bread and butter of a lawyer and it is important that the lawyers don’t think of the Client as a money-minting machine. While interacting with the Clients, we often have to wear the hats of a psychologist, while being in the shoes of a lawyer. Focus should be upon building connections with the Client, money will follow. Be like Harvey Spector from Suits, care for your Client and settle their disputes – be the best god-damn ‘Closer’.

    Aarzu, do you believe that somewhere the craze for litigation has been vanishing lately due to job security in corporate?

    Yes, I agree with you. Young lawyers don’t wish to continue into litigation for two main reasons, first and foremost, litigation is less rewarding in the initial years, not many seniors in the profession give good pay to sustain the expenses. Secondly and most importantly, one has to devote a lot of time in litigation as the incubation time for litigation is more as compared to corporate jobs in the legal fraternity.

    To quote Justice Joseph Story – “the law is a jealous mistress and requires long and constant courtship. It is not to be won by trifling favours, but by lavish homage”. Many young lawyers enter into the litigation entirely blinded by the charm of black coat and white collar band. However, the bitter reality is that more than 70% of young lawyers who enter into litigation, filled with confidence either leave or plan to leave litigation. Some of them have genuine responsibilities of family, others who are afraid to burn the midnight oil – leave litigation in peer pressure seeing their fellow friends earn good in corporate. Now, in litigation we are experiencing brain-drain. Hard-working and intelligent lawyers are leaving litigation to enter into the corporate arena.

    Our audience knows a little about commercial agreements, also is there a whole bunch of work in that segment, how interesting is that for any corporate lawyer?

    Commercial Agreements are fascinating to work in. Drafting of these Agreements commence at the stage when parties are negotiating, if the terms between the parties are not negotiated properly or when there is a grey area, the parties end up knocking the doors of the Courts. One must make the Agreements/ Contracts diligently after understanding the fulcrum of issues between the parties and must always identify the deal breakers.

    A good lawyer knows how to draft an air-tight contract, keeping in mind the intent of parties and leaves no grey area in it. One should draft well-articulated Contracts like Louis from Suits. He always captured the imagination and intent of the parties and drafted rock-solid contracts protecting the interest of his Clients .

    Between arbitration, contracts and agreements, liasoning, and civil matters, which sector will have more opportunities in coming times for lawyers?

    Human conflicts are relentless, so disputes are inescapable. Hence all the sectors will have nearly equal opportunities for lawyers in the coming times. However, the Indian Legal System is well known for delay in adjudication. It is a conventional fact that the Hon’ble Courts are over-burdened with pending cases and it is almost impossible to provide quick and efficient relief to the aggrieved parties, Alternate Dispute Resolution in India is an endeavour made by the legislators to attain the Constitutional Goal of achieving complete justice in India.

    In today’s era, we can see a constant increase in people resorting to various ways of Alternative Dispute Redressal Mechanism for resolving their disputes amicably. Even the intention of the legislature is to resolve the disputes amongst the parties. At any stage if the Hon’ble Court witnesses a chance of settlement amongst the parties, the matter is referred to any of the alternative ways of dispute redressal mechanisms i.e. Arbitration, Mediation, Conciliation, Negotiation or Judicial Settlement by Lok Adalat for speedy redressal.

    In many cases it is even mandatory to refer to any of these alternative ways of dispute redressal mechanisms at the pre litigation stage. For example, Section 12 – A of the Commercial Courts Act envisages a mandatory reference to mediation to attempt to resolve the disputes out of the court before a suit can be instituted. I am of the opinion that Arbitration sector will have more opportunities in the coming times.  

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

    I sincerely believe that a good laugh and 7 – hours of sleep is the best practice to maintain the equilibrium. However, people in the legal fraternity have a habit of overworking. Life is all about balance. One should know when to stop. If we keep on working in a monotonous routine, then we would not be able to perform efficiently and effectively in the long run.

    Apart from doing regular exercise and maintaining a healthy lifestyle, we need to find a hobby. Our profession is significantly serious in nature, if we don’t enjoy the journey, we will not have much good memories to share 5 years down the lane. Mind is the greatest asset for a lawyer and its important that we must find solace in our professional lives. Only then would  we be able to enjoy our personal lives and create an actual work-life balance.

    Few advices for our young law professionals?

    Explore all areas of law before you finally make a judgment call about your niche practice.

    Stop thinking about the opinion of the world, it’s all in your head and focus upon improving the quality of your work.

    It will not be easy. Grab every opportunity that you get. If that opportunity is not given to you, go and ask for it. Do not give up. It will be worth it.

    -AARZU KHATTAR

    Get in touch with Aarzu Khattar-

  • In conversation with Anweshaa Majumdar, Corporate Lawyer at Trilegal, talking about her current role and her experiences in different areas of the Corporate law practice.

    In conversation with Anweshaa Majumdar, Corporate Lawyer at Trilegal, talking about her current role and her experiences in different areas of the Corporate law practice.

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

    Tell us about yourself and why you chose law as a profession. What other professions would you have considered if not law? 

    I have always known that I am a people person and communication is a strong skill that I possess, and I knew I wanted to pursue a career wherein I could hone this skill further. Despite taking science as my stream for my 11th and 12th, I knew my calling was not in the science or engineering stream. The career paths that I was keen on pursuing were law and journalism. I had, in fact, gotten into my preferred colleges for both these degrees. However, my parents were insightful about the potential of Jindal Global Law School, even though at that time there was no placement matrix to rely on. They felt that Jindal was a law school of the modern era and I also took the leap of faith and joined. My parents’ insight, has always proved to be correct as now, JGLS is known to be the best private law school in India. I personally feel I would have thrived in journalism as well, but I always knew that I would be a better lawyer than a journalist.

    You have worked extensively on succession planning and wealth restructuring/ management with a lot of experience working with Family Businesses. What drew you to this field in the first place? Would you like to tell us about your journey to this point?

    Honestly, I joined PwC as a fresher from college and when I was told that I would be joining a team which primarily focuses on succession planning and wealth restructuring, I was intrigued as it was a very niche and lucrative field. When I graduated from college, I knew I wanted to be in the corporate field, and being in the succession planning space, I was able to network and interact with various high net-worth families in India Bangladesh as well as Sri Lanka. When you work in a Big4 as a lawyer, your learning goes beyond the technical legal aspects, and you get a lot of exposure to various business building/continuity strategies. Working in PwC also allowed me to gain insight into tax-related aspects of a business and pointers to consider during corporate restructuring. I started in PwC as an Associate and left as an Assistant Manager.

    Other than the above mentioned,  you also hold expertise in General Corporate, Transactions, Mergers & Acquisitions, and Drafting Agreements. What, in your opinion, are the upcoming corporate trendsetters? It would be an excellent compass for our readers.

    In my opinion, an upcoming trendsetter is a simplified style of drafting. Drafting is a skill which will be required in whichever field one is part of, whether it is M&A, private equity, venture capital etc. The documents are essentially the same, but the context of the transaction is different. A trend that I have seen evolving in the legal space is the moving away from verbose legal language to simple language which is understandable to the clients as well as the counterparties. This is a trend I definitely stand by, as I have seen that by simplifying the drafting of contracts, it is possible to keep the rights intact and it also reduces the back and forth between the counsel and the client and even the client and the counterparty, and therefore significantly reducing the transaction closing timeline. My team follows a mantra of “draft the way you speak formally”.

    I have always believed in this concept, and I am elated to see that it is being practiced widely now. Further, I also believe that the M&A, private equity and investment structuring field is a phenomenal space to be in, as one gets to work on different kinds of deals which involve different strategies, negotiation points and consideration structures. After being in fields like this for a while, you are able to anticipate any plausible push-backs from counterparties, push for rights which will be beneficial to your client, address different options of consideration structuring and are able to identify any potential risks and advise to rectify them accordingly. The transaction space such as these typically does have heavy workloads, but the learning curve is steep and the effort you put in along with your experience does positively contribute towards your individual value as a lawyer.

    You are currently working at Trilegal. Previously, you were associated with Cyril Amarchand Mangaldas, and before that, you were with PwC. How different it is to work at these three behemoths?

    After my stint at PwC, my entire team moved out with the Partner as he wanted to start his own ventures – one of them being a venture capital fund called Turbostart. At Turbostart, I was designated as Corporate Counsel and assisted with all the legal documentation required when the fund identified start-ups to invest in. After this stint, I decided that I wanted to move back to a core legal practice and that is when I got into Cyril Amarchand Mangaldas, in the legal advisory team in their General Corporate practice. From there, I was selected for the Transactions team at Trilegal where I am today. At Trilegal, I work on high net worth deals in the M&A and private equity space. In these three behemoths, I have learned different things which I will carry with me throughout my career.

    At PwC, I got to work with many incredible chartered accountants outside my core team on various deals, I was able to get over my irrational fear of numbers and was able to understand various tax and business-related aspects of a transaction. At CAM, as I was in an advisory team, I was able to work on various opinions and memos relating to different aspects of the law, and was able to further my knowledge in these domains and re-connected with the process of legal research and statutory interpretation.

    In Trilegal, I am now working with an incredible team, in a very dynamic field. As we work on different kinds of deals at one time, one gets exposure to many drafting and negotiation strategies, front-ending deal closures, as well as exposure to transactions in various sectors. I would definitely say that during my formative years in PwC and during my time in CAM and now Trilegal, the learning curve has been steep, the professional exposure has increased, along with responsibilities and accountability and I feel that all 3 places have largely contributed to the professional I am today.

    You earned your Diploma in Entrepreneurship Administration and Business Laws from the West Bengal National University of Juridical Sciences after graduating from JGLS. In what ways does entrepreneurship aid a lawyer’s understanding of business?


    Especially in today’s day and age, where entrepreneurship is the theme of the market, I feel entrepreneurship increases a lawyer’s scope of understanding beyond the law itself. As someone who has had exposure to both, I think entrepreneurship is essential in understanding the business, which as a result will improve your legal advice as there is a much more holistic perception rather than a singular focus on a legal point. Once you have a decent understanding of the business, its operations, pain points, and strategies you are in a better position to align your legal advice and anticipate the outcomes of your recommendations which could be both legal and business-centric.

    Are you able to carve out time for your other interests or hobbies given the nature of the legal profession?

    I would not say that it is easy to take out time. But I would definitely say it is essential and sometimes you have to really push yourself to take out time for your hobbies. I choose to unwind with music as I play the ukulele or travel (either to work from out of the station or as a normal vacation). These little breaks are quite important to rejuvenate your mind and especially in this fast-paced profession, it should definitely take precedence to avoid burnouts.

    You are a young and well-established legal professional. What is your success mantra?


    My success mantra actually took some time to build, and now when I look back, it all boils down to “believe in yourself”.  Do not be afraid to take challenging career shifts, if you think it is the right thing to do – and even if it doesn’t work out, at least you tried it. Bounce back up and move on. I also believe in the aspect of not halting the process of learning – I have learnt from every case/matter I have handled and from the people I have interacted with and built a network even after. Another thing that I regularly follow, is self-introspection. It is extremely insightful to honestly connect with yourself, as it helps you figure out what you want, what your priorities are and how to achieve your goals.

    What career advice do you have for our readers?

    Never pay heed to people who discourage you. There are various kinds of people that you will have to encounter during your professional life, there will be people who will think that you do not have it in you to make it big. My advice – do NOT listen to them. Other people’s perceptions do not define who you are or what you can do. In today’s day and age of social media and seeing the career milestones of your peers might lead you to pressurise yourself, but don’t let it. Personally, back in 2020-21, I had found myself in a situation which required an immense amount of self-motivation to get out of. I would urge everyone to find that within themselves. The imposter syndrome is a self-created construct, break it down and thrive. Another piece of advice I would give, especially to people who are starting off their career – is never be afraid to burn bridges if you are not being respected. Put yourself first, know your worth and your path will find you one way or the other.

    Work on your soft skills as much as you would work on your technique. Believe it or not, both are equally important. Build your network, keep reading up, keep working on your communication skills (written and spoken) and always keep in touch with people who have impacted your career path in any positive way.

    Get in touch with Anweshaa Majumdar –