Ma’am, can you tell us about your journey and how you ended up pursuing a career in law, particularly in the corporate and commercial sector?
I was born and raised in Pune for the most part. Law just happened – I guess I owe it to the great institution in Pune – ILS Law College. I pursued CS and piano from Trinity College, London through school and college.
Through college years, I kept hearing that the legal profession is not for Pune, unless you know the local language well and want to pursue real estate law. I had an interest in business laws and had my eyes set on corporate. Bajaj Allianz was my first corporate job and after that, I moved to Suzlon Energy Limited at their corporate headquarters in Pune.
In the formative years of my career, I focussed on contracts, business risks and mitigation, and learnt that the key to understanding and working on a transaction is to “join the dots” factually and legally. Being in an in-house role, one can contribute effectively as a lawyer, once you understand the business. I worked extensively with cross functional teams and gained experience across the entire wind and solar industry value chain – right from IPR to supply chain management to project sales and execution, operations and maintenance. I also had the opportunity to work on some great corporate and cross border transactions and worked with some great professionals across the renewable industry as well as law firms.
With over 16 years of experience in law firms and in-house roles, what have been the highlights of your career so far? Could you share some key assignments or projects that you have worked on?
Well, there are many such assignments, but to name a few that come to my mind right now – once I was negotiating a supply contract with a supplier in Germany. Their lawyer refused to reason on any point, since he came with a “legal rule book”. There was no ability to negotiate with the lawyer at all, and the next round of negotiations happened with their business team – and we had very constructive discussions thereafter. This is why I always feel that we can’t just be lawyers without a business understanding, as it’s not efficient at all. I also enjoyed discussing litigation strategy with international counsels and negotiating settlements for the company. One of my most exciting negotiations was with a Spanish entity who didn’t understand a word of English. I was representing an entity that couldn’t fulfil their contractual obligations due to business constraints. We used a translator and hours of discussions later we settled a 12 Million Euro claim for a small percentage of it! I also enjoy working on renewable energy project contracts, as one has to factor in various dynamics of these vast projects, bearing in mind their long term impacts.
You have cross-border exposure in various regions such as Europe, USA, UK, Brazil, Middle East, South Africa, Australia, Israel, and Southeast Asia. How has this global exposure influenced your approach to practicing law, and what challenges and opportunities have you encountered while working across different jurisdictions?
Suzlon gave me a great global exposure, especially in dispute resolution and contract negotiations. It is important to understand the business dynamics, as it helps in negotiating contracts effectively as well as supporting litigations wearing the business-legal hat. This also helped me to achieve many settlements of cross border disputes amicably.
2 years into my professional career, I began travelling abroad and worked across Germany, Netherlands, Spain, UK, USA, Dubai and Singapore to negotiate transactions and support litigation, working with law firms across these regions. As a young lawyer this certainly does give you a high! Working with in-house counsels and law firms across the world also helped me improve my standards and quality of drafting and understanding of various cross border laws and their implications in the Indian context. I also really enjoyed traveling so there was overall learning and professional development on many fronts.
What made you move from an in-house counsel to a law firm in Pune?
Having worked for over 10 years as an in-house counsel, we would keep approaching laws firms outside of Pune for legal support. There seemed to be a void for good corporate law firms in Pune. Back in 2017, Pune corporates were expanding, the IT business was thriving, manufacturing set up was expanding in and around Pune, many foreign companies were setting up shop in Pune and the foreign investments were certainly boosting Pune’s economy. This is what made me explore opportunities to set up a law firm practice in Pune, and I soon joined Solomon & Co., to set up their Pune practice.
What according to you is the difference between an in-house legal role and law firm experience?
Work wise, we had quite an extensive and in-depth approach to transactions even as an in-house counsel, so transitioning to a law firm wasn’t tough in that sense. What was challenging was developing the practice, in a city like Pune where people were either accustomed to not working with lawyers at all (unless there was a dispute) to only working with Tier A firms for corporate transactions.
Persistence paid and our first retainer mandate was a huge celebration indeed. The second biggest success was when we achieved our targets in Pune the first time.! It was indeed recognition for our hard work, perseverance and the trust our valued clients had instilled in us. It has been over 5 years since we set up the Pune office, and I can say that I have been able to successfully develop a strong corporate and commercial practice in Pune, focusing on corporate advisory, M&A, private equity, joint ventures, collaborations, inbound and outbound investments and commercial contracts. Additionally, as a renewable energy lawyer, I have been supporting several renewable energy companies for Project contracts, procurement and consultancy agreements and technology collaborations for wind and solar energy. So, while we don’t focus on any particular industry as such, being in Pune I have been able to develop a strong practice in the renewable energy and automotive sector, and have been working closely with several renowned corporates in Pune.
As a result-driven individual with strong interpersonal skills, communication abilities, and positive work ethics, how do these qualities contribute to your success as a lawyer? How do you leverage these skills to build relationships with clients and achieve their objectives effectively?
I would say that these qualities are very important to be a sound professional. While building the practice in Pune, as much as I was representing the brand of the law firm, I was also representing myself as a brand. This meant that only did I have to go all out to pitch for work, but follow it up by delivering a good work product. I have been consistently supported by a great team of talented lawyers here in Pune, and have tried to imbibe similar qualities in each of them. After all, if the quality of your work is good, you build credibility with your clients, and build your practice at a consistent pace. I guess this has been the driving force behind our growth story!
Lastly, based on your experience and insights gained throughout your career, what advice would you give to fresh graduates or aspiring lawyers who are just starting their journey in the legal field, especially in the corporate and commercial sector?
I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important. Additionally, for lawyers, the way to provide sound legal advice to my mind is – reading every contract, case or transaction document in detail along with the law and business requirements.
My dad is a retired army officer and he taught me the “never say never attitude”. I learnt from him that hard work and maintaining relationships and goodwill is the key to success! And my mum taught me the important quality of “humility”. These value systems have guided me throughout my career, to tell a tale of perseverance, patience and hard work. My professional stints have been long term and stable, as success to me is beyond the numbers.
To the young ones, I’d finally say that the number game is definitely tempting, but it all falls in place at the right time if you have a diligent and persevering outlook. Like they say, “great things come from hard work and perseverance”. There are no shortcuts to success!
What inspired you to establish your own law firm? What challenges did you face in the initial stages?
After completing my LL.B. I joined the chamber of Sr. Advocate C.A. Ferreira was the then Assistant Solicitor General of India practicing before the High court of Bombay at GOA. Working with him in actuality, triggered a thought to have a settled practice like him and to establish a law firm. Before starting my law firm ‘Matlane & Grewal Legal Associates LLP’, the journey of 10 years as an individual advocate was not so easy. There were many difficulties as theoretical knowledge is completely different from the practical procedure. In colleges your professors will teach you different laws but to know the procedure of court of law and to be master in it, you must know the court procedure very well. As an advocate you will learn new things on a daily basis. When you start your practice as an individual advocate at a very young age is not such an easy task. Profession of advocates used to be considered as the profession of old ones and not of youngsters. I do remember on completion of my 6 months internship with Ferreira sir, I shared my views to start independent practice with my family members, frankly, telling no one was so convinced with my thought to start an independent practice as everyone thought I don’t even know the ABCD… of the complete court procedure. Many said ‘do you know how to draft a case? How would you give consultation to your client? What if you lose the case? You should spend at least 5/7 years with a senior advocate then only you can practice independently, Bla bla ssss…..
But it was my Guru/Mentor Mr. Vikas Lathar (Professor of Govt. College of Safidon) and my mother who always trusted and had faith in my abilities. They both supported me to start my journey and see I am here today before you.
To have a reputed own law firm was always a biggest dream of mine. Many times I spoke to my husband about my dream to form a law firm. My husband Navdeep Singh Grewal, who is also a part of our law firm, encouraged me to establish “Matlane & Grewal’s”. Working as an independent advocate and running a law firm is completely different from each other. As I am a fast learner and love to explore, I feel that working as an independent practitioner is restricting the growth, learnings and controlling the case types. But a firm can become one roof to offer all legal services. Hence, ‘Matlane & Grewal Legal Associates LLP’ came into existence.
Team of our law firm works passionately as a single soul without compromising on professional ethics. Our Law firm is growing by giving growth to our junior advocates as well as to our interns. ‘Different brains and different abilities will work together and will grow together’, with this mind set up I have started my own law firm.
With almost 10 years of experience in the field of law, what have been some of the most memorable cases or achievements in your career? Could you share a particularly challenging case that you successfully handled?
If I tell you the truth , my every case is unique and definitely, I have achieved and learnt something or the other from my every single case during this decade. There are many and all the cases on which I can share working experience but as you know time is limited and I can’t go on…. But I can Yes still, share my such a memorable and wonderful experience in my 2 cases which are very much close to my heart. The first case is of property case i.e., the Second Appeal filed before the High Court of Bombay bench at Aurangabad and another was a criminal case filed by the parents against their son. I personally feel both the cases were difficult for me to handle. As in both the disputes the emotions of parties were ultimately affected. I won a second appeal and it was a reportable judgment. My client got his disputed land back after spending his 30 years of life in court. The matter earlier was handled by many lawyers but when it came to me and after filing my VP on record, I ended the matter in just 1 year. And winning a second appeal is itself an achievement and a milestone in one’s legal career. Talking about my second case, this was a criminal application for maintenance filed by the 80yrs old age parents against their 55yrs old son. The parents just filed the application to see their son due to courts dates as he was separated from his parents due to past fights and all… when on the first date of the court hearing I tried to reconcile and I succeeded , you know what the 80yrs old parents said me, ‘ beta, tum humare ghar me humari devi maa ban ke ayi ho, tumhari wajah se humara bichda hua beta hume wapis mil gaya.’ The matter ended happily and the parties are still living a happy family life.
You mentioned being highly effective at developing creative case strategies and writing persuasive briefs. Could you share some insights into your approach and how it has contributed to your success in the legal field?
Yes, we have effective strategies and we do adopt the same strictly while dealing with the cases.
Firstly, we are good listeners. We listen peacefully to our clients and we believe in transparency and keeping client’s secrecy. Secondly, we guide and consult them according to their legal requirements and as per available legal provisions. Thirdly, we draft our case patiently and appropriately as per court guidelines. Fourthly, we prepare our strategy to have effective cross, chiefs, arguments, etc. we prepare our whole case before filing it in actual before the court. Fifthly, we keep on doing research on landmark cases. Simply, we keep updated our knowledge on a day-to-day basis.
The legal field is known for its dynamic nature and ever-changing demands. How do you stay updated with the latest developments and ensure that you can adapt to the evolving legal landscape?
As we are the generation of the 21stCentury and as the technology is developing and upgrading rapidly. Being a law practitioner, we too adapt and adopt the use of technology and for the same my husband cum my firm partner always supports us to maintain the balance between the old practice era and use of new technology.
To stay updated with the latest developments I do read newspaper on daily basis and also, we have opted for several paid subscriptions and applications for the same. We follow SCC, MANUPATRA, INDIANKANOON, DIGILEGAL, ETC., We are also very much active on social media.
Could you share any valuable lessons or insights you have gained throughout your career that have contributed to your professional growth and success?
For me my success mantras are: keeping legal knowledge updated, being truthful to your profession, ethical to your clients and consistency in your working and learnings, time management, team management, leadership and last but not least knowing the basic laws deeply.
How have public speaking skills helped you in your legal practice? What tips would you give to aspiring lawyers who want to improve their communication abilities?
I’m a very talkative person. and this has always helped me to make a bridge between me and my client. With ability to have proper communication, my client never hesitates to share his/her problems with me, no matter how the situation is worsened or the facts are sensitive. To improve the communication skill, one should have good vocabulary, one must know our basic laws and principles, keeping updated knowledge and lastly read, read and read. Reading always helps to grow vocabulary and knowledge.
Lastly, what message or advice would you like to give to fresh graduates who are considering a career in law? What qualities or skills do you believe are essential for success in the legal profession?
It is the only law which ensures and gives the balance to live a happy life. Every single individual should know their basic and fundamental rights. Our Constitution has always safeguarded us in every manner. At least one member of every family should have a person from the legal profession. To pursue a career in law, according to me skills such as being a hard worker is not the only key. But you should be smart enough. You must have the ability to take the risk factors. Your confidence should be greater. You should keep your legal knowledge updated always, you should be a public speaker, multitasker and presentable and definitely you should be tech savvy.
Please tell us about your journey and how you ended up pursuing a career in law?
I am a classic example of the profession finding a person rather than a person actively seeking it out. In 1996, I found myself enrolling at ILS Law College in Pune, not because I had a deep understanding of the legal field or a predetermined plan, but simply because my elder sister was studying law. Little did I know that this seemingly serendipitous decision would set the stage for a remarkable journey.
It was on the first day of my professional life, while working at Hindustan Lever (now Hindustan Unilever), that I experienced a moment of clarity. A senior colleague posed a legal question to me, and as I drew upon my foundational knowledge and connected the dots to provide a meaningful answer, I felt a surge of excitement. It was in that moment that I discovered the exhilaration of applying legal theory to real-world situations.
Since that interesting moment, my journey as a lawyer has been a whirlwind of excitement and fulfilment. Each day presents new challenges, intriguing legal matters, and the opportunity to make a positive impact on the lives of others. Guiding individuals through complex legal cases and providing advisory services has allowed me to contribute to their well-being and shape their future.
Not only that, but I’ve also had the opportunity to shape corporate decision-making, influence individual choices, and even participate in national-level policymaking. Being able to play a role in these important spheres has been truly rewarding.
Reflecting on my journey, I carry a unique perspective as someone who ventured into this field without familial connections or a predetermined path. This perspective, shaped by my experiences, adds a fresh and diverse outlook to my approach as a lawyer.
You have an impressive educational background, including a Bachelor of Civil Law from the University of Oxford. How did this experience shape your career and expertise in the field of law?
My experience studying at Oxford was a transformative journey that taught me important life lessons. When it comes to pursuing education at premier institutions like Oxford, discipline becomes a cornerstone. You’ll find yourself balancing coursework, social activities, extracurriculars, and taking care of your well-being all at once. It may seem overwhelming, but remember, these aspects are interconnected. Embrace the challenge and learn to manage your time effectively. Pay attention to every detail, develop a keen eye, and engage actively in class discussions. This discipline will serve you well beyond your academic pursuits.
Another crucial quality to cultivate is perseverance. The courses, especially the rigorous BCL program, demand unwavering commitment. It’s easy to feel overwhelmed but keep pushing forward. Develop a resilient attitude and maintain a strong sense of determination. Remember, progress requires persistence. The ability to persevere through difficult times will not only benefit your academic journey but also prove invaluable in your future endeavours.
Studying at esteemed institutions like Oxford goes beyond academic knowledge. It fosters adaptability, a skill that will serve you in any profession or sphere of life. You’ll gain a broader understanding of the world and its inner workings, expanding your perspectives and enhancing your problem-solving abilities.
While some may be enticed by tangible benefits such as placements at prestigious law firms, it’s essential to stay true to your aspirations. If your goal, like mine, is to litigate at a specific court, prioritize your path accordingly. Focus on developing the discipline to handle complex cases, irrespective of their scale, and pay meticulous attention to detail. This dedication will build the foundation for a successful and impactful career.
Finally, cherish the opportunities to learn from renowned experts. I was fortunate enough to study competition law under a world-renowned master. The knowledge I gained at Oxford empowered me to apply my skills to real-world cases in the field of competition law. Embrace such opportunities, as they can truly shape your professional trajectory.
Remember, the journey of studying at a premier institution like Oxford offers far more than academic excellence. It imparts essential qualities such as discipline, perseverance, adaptability, and a global perspective. Embrace these qualities, remain true to your aspirations, and seize every opportunity for growth and impact.
As an Advocate on Record at the Supreme Court of India, could you share some insights into the nature of your work and the responsibilities that come with this position?
When assuming the role of an Advocate on Record (AOR) at the Supreme Court, it is crucial to understand the immense responsibility that accompanies it. As an AOR, one must develop strong shoulders to bear this weight of responsibility. Simultaneously, this role helps in advancing one’s legal practice and opens up various opportunities for professional growth and recognition. By shouldering this weight of responsibility, AORs can expand their horizons, gain access to challenging cases, and establish themselves as reputable advocates in the legal fraternity.
One of the primary responsibilities is drafting meticulous pleadings to be filed before the Supreme Court. It is essential to ensure fairness in practice, both towards opposing AORs and counsel, as well as towards the Court and the Registry. Care must be taken not to sign any Special Leave Petition (SLP) or other proceedings in a careless manner. Thorough research of the law is necessary, along with the duty to assist the Court in shaping and developing legal principles. It is important to distil the facts from lower courts and present them clearly and concisely in the pleadings. Remember, written advocacy is just as crucial as oral arguments.
Being an AOR requires long hours of dedicated work. One must have a deep understanding of the facts and present them before the court in a concise manner. It’s important to note that courts usually rely on what is presented before them, whether it is spoken or in writing. Losing the confidence of the court is something every professional wants to avoid.
In simple terms, an AOR is the master of their clients’ cases before the Supreme Court. In situations where the engaged counsel may face difficulties, the AOR must be fully prepared to continue with the matter. Being an AOR is not solely about signing and filing the Vakalatnama, but instead taking full ownership and responsibility for the cases at hand.
With over 22 years of experience in corporate and commercial laws, energy law, infrastructure, and more, what are some of the most interesting cases or projects you have worked on throughout your career?
Over the years I’ve learned that every case is interesting and carries significant importance for the client, regardless of its size or the client’s profile. However, here are some of the many immemorable cases I fought.
Imagine being entrusted with a case early in your career where a client was accused of stealing highly confidential information from their employer. The stakes were sky-high, with damages claimed at a staggering Rs. 1,200 Crores. It was like diving into an intense legal thriller, crafting a compelling defence strategy, and manoeuvring through the twists and turns of the legal battlefield. Witnessing our strategy unfold successfully and delivering a resounding victory was an exhilarating experience.
In another captivating case, I found myself challenging the dominance of a corporate giant, Coal India. The case involved allegations of abuse of power, and the monetary implications were substantial. It was like stepping into the shoes of a legal protagonist, meticulously preparing our arguments, and presenting our case before the Competition Commission of India. I am happy to say that we secured a favourable order.
But it’s not just about the big cases with large financial stakes. Some of the most fascinating moments in my career have emerged from seemingly modest matters. I vividly recall representing a co-generation power producer, fighting to establish fair tariffs, and navigating the complex regulatory landscape. This journey opened my eyes to the intricate technicalities of the power industry and led to a landmark decision that not only shaped policy but also brought about a tangible positive change.
There have been heart-touching encounters in the courtroom where I’ve stood up for ship crews abandoned by their owners. These were stories of resilience and compassion, as we fought to secure their rights and bring them back home. The feeling of making a difference in their lives was immeasurable, and it reminded me of the power of the law to protect the vulnerable.
These anecdotes provide a glimpse into the exciting world of the legal profession, where every case is a story waiting to unfold. I believe in combining my legal expertise with a deep sense of empathy and determination to seek justice.
You have extensive experience in international Arbitrations. Can you provide some examples of the types of arbitration cases you have been involved in, particularly in the areas of EPC projects, energy projects, and shipping?
Here are some examples of the types of arbitration cases I have been involved in, particularly in the areas of EPC projects, energy projects, and shipping:
I have represented clients in an arbitration case before the Singapore International Arbitration Centre (SIAC) involving a claim related to the design of an engineering product. The dispute centred around issues of design defects, performance, and contractual obligations.
In a domestic arbitration matter, I handled a case concerning a power plant construction project. The dispute revolved around delays in the project, resulting in significant damages. My role involved analysing project management issues, contract interpretation, and assessing damages for the delayed completion.
I have been involved in several domestic commercial recovery arbitrations. These cases typically involved disputes between commercial entities seeking to recover financial losses or damages due to breaches of contract, non-payment, or other contractual disputes.
One of the cases I worked on involved the construction of a crane, where issues of alleged design flaws and delays were at the forefront. I focused on establishing liability for the delay damages and quantifying the losses suffered by the client.
In another arbitration case, I handled delays and damages in an HVAC (Heating, Ventilation, and Air Conditioning) project. This dispute required a thorough analysis of project scheduling, performance issues, and assessing damages resulting from the delays.
I also handled an arbitration case related to an EPC project involving the design and construction of a road tunnel and highway. The dispute centred around design issues and delays, and my role involved establishing liability for the delays and quantifying the resulting damages.
In the shipping industry, I represented clients in arbitration matters, including a case involving a dispute regarding the rescue of a crew at sea. This case required an understanding of maritime law, contractual obligations, and assessing damages for the rescue operation.
I have been involved in multiple tariff and regulatory issues concerning power projects, including those involving different sources and capacities. These cases have encompassed a range of issues, such as contract disputes, performance evaluation, and assessing damages in relation to power generation and distribution.
Additionally, I have handled arbitration matters involving disputes related to confidential information. These cases involved protecting sensitive information, analysing confidentiality agreements, and resolving disputes arising from the unauthorized disclosure or misuse of confidential data.
In addition to your legal practice, you have also served as a former Standing Counsel for the State of Uttar Pradesh to the Supreme Court of India and a Law Officer at Hindustan Unilever Limited. How have these roles contributed to your overall professional growth and expertise?
Throughout my professional journey, I have had the privilege of serving in two distinct roles that have significantly contributed to my overall growth and expertise. Firstly, as a Law Officer at Hindustan Unilever Limited (HUL), I had the unique opportunity to learn how to balance the legal requirements of the business with its commercial needs. In this role, I got the opportunity to be involved in conducting legal research, supporting compliance efforts, being in the field with business functions to understand how the company’s business is conducted, being involved in court cases, and assisting in contract review and drafting.
Working with the government and representing it before the Supreme Court of India was another invaluable experience. This role provided me with the platform to present the government’s perspective in court and advocate for its policies. It gave me the chance to dispel misconceptions and demonstrate that the government is not solely focused on wrongdoing but rather strives for the welfare of its citizens. In this role, I was involved in a diverse range of cases, covering a wide spectrum of legal areas. From matters related to irrigation policy, bail applications, and shareholding issues of government enterprises, to constitutional validity challenges against regulations and policies, I gained exposure to a myriad of legal scenarios.
These experiences have instilled in me an important attitude that one cannot afford to be overly technical while advising clients. As lawyers, we must always consider the practical aspects and implications of our legal counsel. Both my roles taught me the significance of understanding the business and governmental context in which legal advice is sought. By bridging the gap between theoretical legal knowledge and real-world applications, I was able to provide comprehensive and practical guidance to my clients.
These roles have allowed me to develop a well-rounded skill set, encompassing a balance between legal considerations and commercial realities, as well as a deep understanding of governmental policies and their implications. I am confident that the diverse range of cases and the holistic approach I have cultivated will continue to contribute significantly to my future endeavours in the legal profession.
Considering your diverse areas of expertise, what advice would you give to aspiring lawyers who are interested in specializing in areas such as arbitration, energy law, or competition law?
If you’re a budding lawyer with a keen interest in specializing in areas like arbitration, energy law, or competition law, here’s some valuable advice for you. Instead of locking yourself into a specific specialization early on, give yourself room to explore different areas of law. Take up diverse opportunities and get a taste of various practice areas. This will give you a broader understanding of the legal world and help you figure out what truly grabs your attention. Keeping an open mind during this exploration phase will allow you to make a well-informed decision when the time comes to choose your specialization.
While theoretical knowledge is important, lack of practical experience is the real deal-breaker. It’s not just about what you learn in textbooks or lectures; it’s about getting your hands dirty in the real world of law. Seek out internships, clerkships, or part-time positions that allow you to roll up your sleeves and immerse yourself in the practical aspects of arbitration, energy law, or competition law. By diving into real-world cases and projects, you’ll gain first-hand experience and discover whether these specialized areas truly resonate with you.
When it comes to choosing your specialization, trust your gut and follow your passion. Think about the areas of law that excite you the most. Consider the kind of impact you want to make and the issues that genuinely ignite your curiosity. Whether it’s fighting for fair resolutions through arbitration, delving into the complexities of energy law, or ensuring a level playing field in the marketplace, pick a specialization that aligns with your authentic interests and values.
Remember, every field of law has its own unique opportunities and challenges. By exploring different practice areas, gaining practical experience, and staying true to your passions, you’ll be well-prepared to make an informed decision about specializing in any field.
In your opinion, what are some of the key challenges that the legal profession faces today, and how can young lawyers navigate these challenges effectively?
One of the significant challenges that young lawyers and even experienced lawyers often face is the collection of fees for their legal services. This issue can have a profound impact on their professional and personal lives. However, they are generally discussed behind closed doors due to the attached stigma. Fee collection can be a complex and time-consuming process, leading to financial strain and affecting their mental well-being.
Many lawyers find themselves grappling with the task of chasing down payments from clients. This can involve spending valuable time and resources in follow-ups and negotiations, which can be frustrating and demanding. Furthermore, some clients may be reluctant or unable to pay, resulting in additional complications and financial instability for the lawyer.
In fact, understanding the importance of addressing this challenge, I have taken the initiative to create awareness and find solutions for effective fee collection. I have started a campaign or movement that aims to shed light on the significance of timely and transparent fee collection in the legal profession. By fostering open discussions and providing a platform for fellow professionals to share their experiences and concerns, we strive to create a supportive environment within the legal community.
Another significant challenge is the misconception that a deep understanding of the law alone is sufficient for being a successful lawyer. While legal knowledge is essential, practical advocacy skills require a blend of psychological intelligence, creativity, and real-world experience. Many young lawyers are initially shocked by the harsh practical reality, which may lead to feelings of dejection. However, it is crucial for them to embrace these challenges as opportunities for growth, understanding that trial and error is a valuable part of the learning process. Letting go of the mentality of striving for perfection or the typical topper syndrome is essential. Young lawyers should focus on continuous improvement and be willing to learn from their experiences.
With the constantly evolving legal landscape, particularly in areas such as data protection laws and competition law, how do you stay updated with the latest developments and ensure that your expertise remains relevant?
When it comes to staying updated with the constantly evolving legal landscape, in any field I believe the following helps:
Stay informed through extensive reading: Develop a habit of reading extensively, including legal journals, blogs, and other relevant resources. The more you read, the better equipped you’ll be to understand the latest developments and gain valuable insights.
Engage in discussions: Seek opportunities to engage with like-minded individuals. Participate in discussions with such people. Never shy away from clearing doubts and seeking clarification from experienced professionals in the field. Engaging in discussions and networking with like-minded individuals will further enhance your understanding and broaden your perspective.
Embrace continuous learning: Treat learning as an ongoing process. Attend conferences, seminars, and workshops to learn from industry leaders and gain insights into emerging trends, case studies, and practical applications.
Harness online resources: Take advantage of the digital world. Explore online legal databases, research portals, and reputable websites that provide real-time updates and relevant insights. These resources are easily accessible and can provide you with a wealth of information to stay current.
Finally, looking back at your successful career, what are some of the personal values or principles that have guided you along the way, and how have they influenced your approach to practicing law?
When reflecting on my fulfilling career, I attribute much of it to the personal values and principles that have guided me along the way. These principles have shaped my approach to practicing law, and I believe they can be beneficial to aspiring lawyers as well.
First and foremost, I have always embraced the power of grit and a strong work ethic. These qualities have been the driving force behind my actions, allowing me to overcome challenges and persevere in the face of adversity. As a first-generation lawyer, I learned early on the importance of hard work and determination in carving my own path.
Integrity is another principle that has been central to my practice. I firmly believe in keeping my integrity on track, as it serves as the foundation for trust and credibility. Integrity; like salt, may not always be noticed when it is present, but its absence will undoubtedly be discussed. By upholding the highest ethical standards, I have built lasting relationships with clients and colleagues based on trust and respect.
Persistence and self-belief have also played a significant role in my journey. There have been moments when the results of my efforts were not immediately evident. But by maintaining persistence and a thirst for self-improvement, we can achieve remarkable growth and reach new heights.
Believing in oneself and having confidence is key to thriving in the legal profession. While external validation may offer a temporary boost, true success comes from within. Treating each matter with due diligence, regardless of its size, and keeping the clients’ best interests in mind have been guiding principles for me. Recognizing the impact of a case on the lives of those involved allows me to approach each situation with the necessary care and dedication.
As a first-generation lawyer, I have learned to view competition as an opportunity for growth rather than a threat. I have studied the positive attributes of talented individuals in my field and used them as inspiration to enhance my skills. I firmly believe that there is always room at the top of the pyramid for those who dare to dream big. Breaking through glass ceilings and challenging perceived limitations is not only possible but necessary for personal and professional advancement.
As you embark on your own journey in the legal profession, particularly as a first-generation lawyer, my advice to you is to embrace these principles. Let grit, integrity, persistence, self-belief, and a healthy approach to competition guide your path. And remember, as a first-generation lawyer, you possess a unique perspective and strength that can drive you to excel. By incorporating these values into your practice, you will not only achieve success, but you will also make a lasting impact in the lives of your clients and contribute to the advancement of the legal field.
What motivated you to choose law as a career? And how has been the journey so far for you?
While growing up, I remember my mother telling me that she always wanted to be an advocate. However, since she came from a humble background, she could not pursue it.
As they say, “When it comes to life, we spin our own yarn, and where we end up is really, in fact, where we always intended to be”, somewhere, I believe that destiny had a major role to play while I chose to study law and pursue it as my career since I was very inclined to pursue fashion designing.
God has been very kind to me, I have met some wonderful mentors during my journey who have constantly guided me through. It has been an eventful journey, very rich in terms of learning, not monotonous. I feel that I am fortunate to have discovered on how to be assertive and support the business while not losing my own ground. That’s the best part, isn’t it?
What were the challenges that you faced in the beginning of your career?
I moved out of the ‘city of dreams’ after pursuing law from Government Law College, while I had a PPO in my hand just to feed my own curiosity of what’s in store for me in a new city, in a new role? I just wanted to understand how a company works and what role does a lawyer play in building it. Many of my friends chose to work in law firms but somewhere I was determined to pursue an in-house role in real estate.
I am a very passionate human being and an extrovert as well, and I feel that it somewhere affected my first promotion. Early on, I remember when I got rejected for this promotion, I felt devastated. It undoubtedly was one of the first failures which I had tasted. I had been an academically bright student who predominantly scored well and therefore, it took a lot of time for me to heal.
During this phase, while I was trying to find job opportunities and relocate myself to Bombay, I largely faced rejections. I remember, feeling miserable about myself and questioning my own skills and choices. I held my patience and kept myself motivated and as they say “Tough Times Never Last, but Tough People Do!” and some fantastic opportunities came my way.
As I progressed in my professional journey as an inhouse counsel, I learnt a little later in life that you need to be very solution driven towards the business. A strict ‘no’ to a business proposal even with a solid rationale is something that may not work.
Among all the specializations, i.e., drafting, vetting, due diligence, risk mitigation, which area of law is the most interesting to you and why?
Risk mitigation to me is the most interesting. I believe that this exercise teaches you to research the moot points, evaluate and assess the business proposal accordingly. Alongside this, it also makes me build and present the best and worst business case for my stakeholders.
Having said that, doing due diligence and creating an title trail as a real estate lawyer is also challenging and interesting at the same time. As you may know that the land laws are very region specific and even consist of cryptic language, hence to derive and create a title trail is both complex and absorbing.
Jyoti, how do you balance your work and personal life effectively?
I believe that I am organised when it comes to my work and personal life both, which makes it very easy for me to balance both effectively. I love to travel which means I take frequent breaks and therefore planning is the key. I often try to work backwards which gives me immense time to think, strategize and plan my work and life, both. By following this thumb rule, I do not procrastinate and stress myself. I believe that work is an integral part of my life but not my whole life.
What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?
I do not see it challenging if someone from a non- legal background starts one’s journey as a lawyer. Having said that, the choice of a law school is very integral. I am proud to be a GLC’ite. As a student of GLC, I had the freedom to explore different fields of law by interning with law firms/ companies, senior counsels, or maybe just venture into a different horizon altogether. It essentially gave me time to introspect and perspective on who I want to become and most importantly how I want to be.
I am a first generation lawyer and feel that I have an advantage here, as I have the freedom to make mistakes without feeling any threat of being judged. With each mistake that I have committed, I have learnt to be wiser. All of our journeys are different and they can be absorbing yet very fulfilling, if we see from the right lens. We just have to dive in deep and we shall definitely find our way, the perspective has to be right.
What is a typical day like for you?
I am an early riser and start my work day usually around 9-9:30AM by checking/ replying to emails and messages. I, then write my to do list (and sometimes also get overwhelmed with the tasks that I have put down for myself to be completed in a day!) and then get started with the projects that have my top priority. I find that I am most productive during the day, hence I try to read as much as I can so as to advise my stakeholders on their business proposals or build strategies to move ahead before I start to jump into meetings and commence the contracting work. Before ending my work day I mostly look back and assess what’s one new thing which I learnt today. This is one of the ways which helps me to be grateful to the job that I do.
Jyoti, could you highlight some of your success habits that enable you to meet your goal?
The most important success habit which has always helped me to achieve results is discipline. I live by the principle that “discipline is the bridge between goals and accomplishments”. Discipline helps me in taking charge of my own life be it professional or personal; it also helps me to train myself much ahead in time.
I also feel that performing yoga consistently, pursuing my hobby alongside work and travelling has helped me to largely reduce work fatigue.
Last but not the least, I feel that we must trust our leaders, mentors, team and colleagues. I fully echo the thought that together we can do so much, togetherness comes with a team and teamwork begins by building trust. With my own experiences, identifying and trusting my mentor/ leader and building a team has helped me in facilitating my accomplishments much earlier.
Lastly, what advice would you give to someone starting out?
For someone dreaming to choose law as their career, I believe that you should first assess if you are passionate towards pursuing it. One must be brave and also wise to assess what is the right thing to do. You also have to be patient in this journey and not fear to evaluate yourselves in different fields of law. To conclude, I feel that one must believe in oneself, have faith and make your own country proud.
“Every accomplishment starts with a decision to try”.
What was your motivation behind choosing law as a career?
Whilst growing up, the law always fascinated me. For some reason, there is a lot of misconception surrounding law as a profession. I was discouraged at many points in time by a lot of people from taking up this profession as well. However, I was determined to study law. My parents have been my biggest supporters and were overjoyed with my decision. Initially, I was intimidated by it all but gradually I started enjoying the learning process.
What are the challenges that are faced by budding litigators at the start of their careers?
With lakhs of students graduating from law schools/ colleges across the country, every year, the competition for freshers is fierce, to say the least. Not only to get a job, even to get an internship with a reputed firm, it is tough process.
It is important to gain exposure through internships and identify their ultimate area of interest within the law. In my second year of LLB, I was certain that I wanted to be a litigator and hence started my association with a reputed law firm in Mumbai, first as an intern and then as an articled clerk.
Freshers and interns are at the bottom of the hierarchy and are taken most advantage of, especially in litigation. In order to gain exposure, many a times, they agree to work for a miniscule amount or at no cost at all. I was blessed and privileged enough to not have any overheads. However, it is tough for a lot of freshers and interns to work without any salary stipend.
What are your thoughts on “Arbitration” as a mechanism for dispute resolution?
At the outset, I’d like to say that there is a noticeable shift during the course of the last few years. Contracts/ Agreements have but naturally become more arbitration centric. It is very rare that you would come across a contract/ agreement nowadays which would not contain an arbitration clause. Not only is Arbitration effective but it is also a speedy mechanism for dispute resolution. Having said that, arbitration has also got flack for being a “luxury” litigation i.e. there is a substantial amount of expenditure involved to conduct the same.
How do you make pleadings/ contracts understandable/ more accessible for your clients?
I enjoy drafting! It has always been a complete joy and pleasure for me to draft pleadings and other documents. Not all our clients are fellow lawyers and not all of them have any legal knowledge. The key to make you pleadings/ contracts understandable/ accessible to your clients is to keep your drafts as simple and concise as far as possible.
Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?
The legal profession is a demanding one. Urgent matters and tight deadlines are a common feature. Its only but natural that in such a demanding environment, individuals are exposed to high amounts of stress. In order to maintain balance, its important that one takes time off and undertake any activity(s) which helps them to relax. Mental health issues are often overlooked and not talked about.
Do not let this go unchecked and seek appropriate help. Nothing is more important than your health. As cliched as it sounds but “health is truly wealth”.
Lastly, what advice would you give to someone starting out in the field of litigation?
My advice to freshers and interns who want to be litigators, would be to read up on the various statutes. Sadly, there is a noticeable lack of knowledge of basic provisions of the CPC, in a lot of juniors, which is your foundation. Being in the legal profession, you never stop learning. Its constantly evolving.
Therefore, I think it is also very important to be abreast with the latest developments and judgments.
Lastly, hard work is definite key to success in this profession. More the effort you put into it, the more results/ benefits you can reap out of it.
What was your “slam-book career aim”? How well did it go?
There wasn’t any slam book career aim as such, but if I have to consider the pivotal point at where I figured out what to do in life that would be in my second year of law school, where I had a couple of friends leave for national law schools after the first year and that made me think about the next steps in life. After that there was no looking back, I interned and mooted whenever and wherever I got a chance.
All of the internships I did were with different types of organizations involved in diverse areas of law. The aim became to explore and experience everything in law to find my niche and I continue to follow and give the same advice to my juniors and peers as well.
For a law student, one must keep on getting evolved and updated with all areas of law to be a jack of all trades and to figure out what is one’s own perfect field to master.
As for how well it went, I leave that up to others to tell me.
You did LLM and now PHD from well-known universities, how do you carve out time for different responsibilities?
Honestly, if you ask me about the higher degrees (both LL.M and my PhD) was solely because of my mother, who wanted me to have a “Doctor” in front of my name and nothing more. I don’t see myself reaching here without her nudge.
For the remainder of this question, “It takes a village to raise a child” for which I am extremely grateful to my seniors, mentors and colleagues, who stepped in and allowed me those absences from work and always had my back and encouraged me to do it and fulfil my mother’s dreams both professionally and personally. (It’s also one of the reasons that the Acknowledgement part in my thesis is over five pages long)
On a side note, I encourage all students to keep studying alongside work and learning new areas of law in the early years since time is a commodity, which you have plenty of in your early formidable years and scarcely later in the profession.
You were an avid mooter in law school. Do you believe that mooting helps law students to face real-life scenarios?
Absolutely, I believe that every law student should at least try one external moot during their stint in law school.
Mooting not only helps to figure out one’s likes or dislikes in the area of the specialization but also builds the fundamental traits required for an advocate. It helps you to think on your feet, research areas of law and recent issues which you remember forever and more often than not makes you more focused towards your final goal alongside making bonds of friendships with your batchmates and friends even stronger.
Nowadays, besides Mooting, there are a lot of different opportunities for law students such as Client Negotiations, ADR/ Mediation Negotiations, Model United Nations etc., which I believe all students should work on. I have been judging some of these new formats of competitions and it is pretty interesting and a good way of improving their oratory and communication skills given the international angle and exposure in such competitions.
As a first-generation lawyer, you have moved from a chamber practice to a tier-1 practice, how has your journey been so far? Would you say the opportunity a firm provides for a young lawyer is worth the trade-off in building a reputation?
This is a complicated answer and this question has possibly taken me my entire career of 11+ years to think about and possibly answer correctly.
I think it was Matthew McConaughey who said, “I need each day, something to look up to, another is something to look forward to and another is someone to chase” which is what I would say has been my journey so far. It has been extremely fun filled with various learnings and lessons and has been extremely fulfilling.
I started with a wonderful senior and mentor, who trained me with the ways of the various High Court s and District Courts and provided me with the guidance, support to even take private matters and gave me opportunities to appear and address the Courts including my very first day at his chamber. I could give you stories upon stories as to why a good senior and mentor in the profession are key in one’s formidable years and that’s what makes or breaks you.
Once he got elevated, I moved to another amazing lawyer and his firm, who gave me a lot of opportunities to spread my wings and allowed me to develop and learn the finer things in the legal profession and when I thought I was ready to move on the greener pastures I moved into the tier-1 setup with my current partner and team, who gave me ample opportunities in the most complex and high stake litigations and allowed me a free hand to do what I do best for which I shall be eternally grateful.
While I believe, that my shift from chamber to tier-1 practice has not had any trade-offs as I have been graced with wonderful opportunities which have only accelerated my growth to become the best version of myself professionally. However, after being a partner in a tier-1 firm, I am of the view, that one shouldn’t directly start with a tier-1 firm at the beginning of their career especially if you have Disputes/Litigation as a career in mind since one needs basic leg work and understanding of the Courts which is not possible in the high-stress environment of the law firms and once you are aware of the basics then the shift to the hustle and bustle of the law firm is much more fruitful.
In essence, you need to start from the peewee league and hone and develop your skill and game to reach the Yankee’s majors.
What are your areas of expertise, and how did you come about them?
My areas of expertise include civil, commercial and criminal disputes, domestic and international arbitrations (both institutional and ad hoc), Cyber, Insolvency and Bankruptcy Law, IPR, Telecom, Gaming and Competition Laws.
My mixed bag of expertise is essentially the exposure and opportunities that came my way and it continues to grow each day.
You are one of the few tech-savvy lawyers, how did your tech knowledge help during the Covid-19 pandemic?
I have been arguing through Tablets and Laptops in the Courts and have been pretty much paperless for the past many years so when the virtual setup got expedited and replaced the traditional courts in the beginning, I didn’t face the learning curve which some of my peers did. I was in fact, amongst the first few listed cases when the Courts went completely virtual in various states and was able to argue my cases without too much trouble. Moreover, I had access to all of my files and data for the earlier matters and fresh filings etc. were done by scans so I managed the covid litigations from home fairly easily.
The Supreme Court, Delhi High Court and some of the other tribunals also started their e-filing portals so it was easier to have fresh matters filed, reviewed and argued completely digitally. We had tallied that during the pandemic we had filed and argued over 200 odd matters and it was all very seamless.
Since we have the infrastructure now I hope that the e-filing and virtual system continue for times to come and doesn’t get disbanded.
You are a certified mediator with the Delhi High Court Mediation and Conciliation Centre “Samadhan”, tell us about your role and responsibilities.
I was inducted as a mediator with Samadhan in the year 2017. Samadhan is the result of the joint initiative of the Bench and the Bar of the Delhi High Court who have committed themselves to Mediation as an appropriate method of Alternate Dispute Resolution. As a mediator, the organising committee assigns your cases and you do your best to assist the parties to reach their mutual settlement under the aegis of the Centre. Being the techno-savvy one, I have also assisted Samadhan to set up their website, which is live at https://dhcmediation.nic.in/
What key tips do you suggest to the lawyers in the present scenarios?
The legal fraternity has exploded with brilliant talent in recent years and as it continues to grow I have seen some stark improvements and differences. The newer generation of lawyers are confident and have a clear path to the areas of law that interests them.
If I had to give my two cents for the newer lot and especially for the young budding lawyers who wish to explore litigation, is for them to have more patience, be more compassionate, embrace innovation and most of all stay passionate in this field. This field has a lot to offer but equally requires a lot from you.
Remember that You can’t be an overnight success but with hard work and persistence, you will definitely prevail.
Besides the salient tips in the above questions, I leave my brethren with the thought of the famous comedian Jerry Seinfeld, “To me, a lawyer is basically the person that knows the rules of the country. We’re all throwing the dice, playing the game, moving our pieces around the board, but if there is a problem the lawyer is the only person who has read the inside of the top of the box.”
What motivated you to choose law as a career? And how has been the journey so far for you?
I was born and brought up in Patna. My parents made sure that I get exposure in all disciplines early on, be it science, commerce or arts. It was in Class 12th, when I got interested in business studies and decided to pursue it further. While I was going my graduation (B. Com Hons.) from Symbiosis College of Arts and Commerce, I got fascinated by the multi-faceted workings of a company and developed a keen interest in commercial and corporate law. I can say that B. Com helped me discover my inclination towards law and cemented my conviction to pursue the legal profession
Being a first generation lawyer, the journey was not easy at first. I remember during my LLB., I used to send out mails for internship and follow up tirelessly so that I can get internship at good law firms and as it is said, perseverance and patience are key cornerstones for success. I was able to get internship opportunities at leading law firms like DSK Legal, Shardul Amarchand Mangaldas and Lakshikumaran & Sridharan.
I used these experiences to develop key skills like communication, analysis, drafting, and research and paved my way to IndusLaw. So, all in all, it’s been a great journey so far.
What were the challenges that you faced in the beginning of your career?
As I mentioned above, coming from a non- NLU college sometimes demotivated me when my application for internships used to get rejected. In my first year and second year of LLB., I faced this issue a lot. I realised getting good score/CGPA was not enough to secure opportunities. Then I got focussed and started working on my skills, writing articles and expanding my knowledge of the subject matter. This really helped me to score good internships.
Further, I understand there is vast difference in the aspects of law that is taught in colleges and the work you do in law firms/courts or as an in-house. This results into a skill gap when you enter the workforce. This was another significant challenge for me. In my view, law colleges should curate a more industry focused curriculum and skills such as communication, drafting and networking –should be developed at the college stage only.
What is the most challenging case you have handled in your journey so far and what were your learnings out of it?
One needs to understand that law is a demanding profession, and whether you are working in a law firm or as an in-house counsel, or practicing law in court, each day comes with new challenges, and with each challenge, comes a new opportunity.
I remember, I used to fear foreign exchange laws. I always felt that the laws were too complicated. However, I got a matter at my firm where I needed to understand the foreign exchange law and solve queries raised by the client. As challenging it was, it was really great experience to learn new things.
See, in my view, it will be difficult to pinpoint one challenging case/matter. One needs to sometime fight the fear of unknown and accept it.
But here is what I have learned from all the challenges –
(a) read the laws – answers are always there;
(b) ask where you have doubt – nobody is going to judge you;
(c) understand the needs of the client first;
(d) be prepared; and
(e) always break down a problem to understand better.
What do you believe are the key elements of successful corporate legal advisory?
In my view, the law keeps evolving owing to business/market conditions and there is no straitjacket formula for being a successful corporate lawyer. But in general, based on my personal experience, some of the key skills in today’s scenario are:
Communication skill – both verbal and in writing, after reading number of cases and laws on a particular topic, the ability to concise the whole understanding in one paragraph;
Analytical mind – to be able to understand the problem/query of the client and break down into small pieces;
Having an open mind – one’s existing thought process/opinions should not cloud their opinion;
Observation skill – having an eye for detail and the ability to look beyond what is said;
Researching and networking skill;
Taking initiative and proactively participating;
Ability to put thoughts into action; and
Integrity – towards profession, organisation, colleagues.
Priya, as per you, what are the best strategies and possible ways to negotiate with clients on some important issues?
Strategies depend on the requirement or ask of the client and as such there is no best strategy to negotiate. But generally, a strategy should align with the business objectives and needs of your client and also to the best benefit of the stakeholders, both internal and external. One should strike a balance of needs to find a solution to a problem.
Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?
I understand that a good team of partners and colleague are crucial for a work-life balance. Further, one needs to understand its own strength and weakness. It is important to challenge yourself and work outside your comfort zone but at the same time, you should not stretch yourself too hard. Understand yourself and work on the skill. Health is equally important and therefore, it is really important to have a healthy lifestyle or a hobby.
Some of the best practices: –
Have a hobby – paint, dance, play whatever you feel like. To this atleast thrice a week;
Read articles/ books/ listen to podcasts on themes other than legal topics ;
No phone near bed;
Have a cut off time;
Talk to senior if you feel the workload is too much;
Walk or do any physical exercise atleast thrice a week
Lastly, you need to prioritize and take out time for these things for your mental wellbeing.
Priya, how do you push through your worst times?
Here are few things my parents taught me which I feel help me a lot:
nothing is constant in life, and whatever it is, it shall too pass;
we are very small in an infinite universe;
worst times are always there to toughen you up;
sometime you win and sometime you learn.
Lastly, having family and friends helps you cope up during these times.
Lastly, any advice you would give to someone considering a career in this field.
Law is rewarding and at the same time demanding because of constant changes/updates. One needs to understand different practices of law before pursuing one. In my view, have different internships so that you get all types of exposure, be it litigation, consumer law, competition law, corporate, technology.
Other than this –
(a) publish articles,
(b) work on developing your skill set,
(c) start taking initiatives and responsibilities,
(d) always read the laws and lastly,
(e) don’t be afraid to make mistakes – always learn from them.
What inspired you to choose law as a career? How has been the decision so far?
I’ve wanted to be a lawyer for as long as I can remember, so much so that I don’t really remember ever wanting to be anything else! My earliest memories of wanting to be lawyer date back to when I was in primary school. What triggered the idea of becoming a lawyer in the first place was becoming the voice of people or the voiceless who for some reason are unable to speak for themselves or they are not heard. There are people who fear to approach the court and ask for justice.
This deeply impacted my thought process and since then, I set a goal for myself and from then on my focus was on one thing – to become a lawyer so that I could serve the people; the needy and the unheard. Many of us have childhood dreams which end up being just that, dreams. Life takes us in different directions and those childhood dreams become distant memories. I was a very determined child. My decision or the journey so far has been of trial triumphs. All I can say is despite the odds the journey has been good and worth it.
What were the challenges that you faced in the beginning of your career?
Ans: Despite the Constitutional guarantees and amendments in the laws women are still far away from the desired level of treatment from society. They still face bias. The legal profession is no different. Here also the women have to confront gender bias at several levels. According to senior advocate Pinky Anand, women in litigation have it harder as they have to face clients, lawyers and judges, most of whom are male, on a daily basis. In a way, they have to confront gender bias at several levels. We say we live in a modern society, but gender inequality is still evident in several professions, including law.
According to data published by the American Bar Association’s Market Research Department in April 2016, women comprised only 36 percent of legal professionals in the country. Though the number of women is growing in private law firms as well as the judiciary, they don’t have equal access to senior positions.
The working environment and office hours in most law firms are still more suitable to male lawyers compared to their female counterparts. Women entering the legal profession have to face a multitude of obstacles to pursue a successful career. Three issues still continue to be the biggest problems to a woman’s advancement in the legal profession. They include traditional sexual stereotypes, inflexible workplace structures and inadequate access to mentoring.
Besides, women also face problems such as inequality in pay and sexual harassment in the workplace. There is a wide gap which still needs to be addressed and women ought to be given better work environment as we know they can give a boost to the economy if they participate actively. It’s high time that they are not repressed, suppressed and oppressed.
What strategies do you use to ensure successful outcomes for your clients?
Well…advocates are mere representatives of their clients. It’s all about facts and circumstances when you reach the court room. The advocates certainly have to do a lot of research, studies and observations to ensure a positive outcome for the clients. At the same time even the clients have to be truthful with the facts and documents so that things turn out to be positive. In short, it requires a lot of hard work from the lawyers and cooperation from the clients.
Vidyottma, how do you keep up with the changing laws and regulations in your field?
This is an era of globalization. It has impacted almost every sector and legal profession is no exception to it. The impact is both qualitative and quantitative. In fact, the past revolution has been a sort of mini-revolution in the legal service sector with the greatest impact on corporate legal arena, activities in the field of corporate taxation, corporate governance, environmental protection, competition law, intellectual properties etc. The number of law firms dealing with such work was very few so there has been discerning shift in the disposition of emerging legal sectors towards settling disputes through ADRS rather the adversarial litigation mode of dispute resolution. Globalization has thus expanded the internal and external demand for legal services.
Among all the cases, i.e, Environmental law, Service matters, Family and matrimonial disputes, Cyber laws and IP, etc, Vidyottma which one do you find the most interesting and challenging?
All these areas are different. In fact law itself is vast, diverse like an ocean. It has various facets. Choosing one stream over another won’t be fair as all are very interesting and important. Still if I need to choose I will choose Environmental law and Cyber law as they have grabbed much attention in recent times due to the changing paradigms in the legal sector in the era of globalization.
How do you handle ethical dilemmas that may arise in your work? Could you highlight some ways to tackle the same?
The Bar Council has codified the laws that relate to the ethics for the practicing lawyers. According to the Bar Council Rules the advocate has to accept any brief in the Courts or Tribunals at a fe consistent with his standing at the Bar as per the nature of the cases. An advocate can say ‘No’ in certain cases according to the Rule 11 of Bar Council of India. He has to give valid reasons for not accepting the briefs. It could be due to non-availability, not practicing in such area as the case relates to or if an advocate has to go out of station he can decline from accepting the brief.
According to you Vidyottma, as you are also involved as a speaker on various issues, like sexual harassment of women, hit and run cases, PoSH, etc, do you think it is implied in local committees where women are neglected in informal sectors?
Yes, it is implied and women face myriad challenges in no matter which sector they work in be it informal sector or any. Women are not given the requisite treatment. They are denied their rights. Though the Constitution guarantees equal rights to all irrespective of gender. The onus is upon us, the society as a whole; to give them equal footing in every area. It should not be just said that they deserve to be treated equally rather it should be manifested.
Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?
The work-life balance for an Attorney can’t be defined just once. It is rather a process that evolves and grows with time. One has to discover self in order to chart a course of action which is flexible on the one hand and committed on the other. Besides, it should add to the overall well-being and mental health.
Also, one’s mindset towards achieving a balance is very important. Mindset would include positive stress and growth which can pay positive dividends in the way you process the work. So, the work-life balance could be achieved by the lawyers only by way of non-negotiable commitment to yourself and developing an understanding of an idea that no two definitions of the term will look alike. An attorney has to delve deep, process and channelize their work in such manner that it does not affect their health especially mental health.
Few advice for our young law professionals?
Well… for the new generation lawyers I will suggest to go where the expectations and demand to perform are high. This will give them the opportunity to grow. They should refrain from joining the easy crowd that won’t help in the long run though it may seem easy in the beginning. Then you will always have two ways in front of you; the easy way and the right way.
Not only in law school but in life also you will come across these two every now and then; committing to choosing the latter over the former can help you not only grow as a professional but also as a person.
The shortcuts may seem easier but it may haunt you later. Law graduates have number of opportunities they just have to take their time, delve on every option available and think about it analytically and then decide which career path suits them the most.
I strongly believe that we know ourselves the best and whatever career option we choose is a reflection of our choices that we make. I suggest to think and decide for that one should talk to the seniors, the teachers and the mentors who can help in clearing the doubts and take the best decisions.
What inspired you to choose law as a career? How has been the decision so far?
Well, I am an accidental lawyer. I wanted to be a cricketer and have represented the U.P. state U-19 team in Cooch-Behar Trophy. An unfortunate injury lead to sudden break in that career. When the time came for figuring out alternative career paths, law seemed like a compelling choice, especially on account of its glorification by Bollywood and media. It was an instinctive decision rather than a calculative one and I would say it has turned out to be one of the best decisions of my life. Being a lawyer is more than a simple 9 to 5 job as it gives a sense of purpose towards a greater good of the society. One feels like a warrior of justice.
What were the challenges that you faced in the beginning of your career?
I would say that to opt for a niche was quite challenging. My initial interest lied in core criminal litigation until I came across arbitration. Thankfully it happened sooner for me rather than at a later stage. I realise that seniors generally advise us to practice across the spectrum and not look for a specialisation but in my understanding, law is so competitive that to succeed, a lawyer ought to be a specialist in their chosen field.
You have worked with a Senior Counsel, an international law firm, and independently, how has been your experience working in these setups and what are the differences?
I have been lucky enough to have these wide experiences fairly early on in my career. I will first talk about working with Mr Gourab Banerji, Senior Advocate. Mr Banerji is an excellent mentor who takes keen interest in the careers of his juniors. He takes the effort to teach and guide.
In a Senior Counsel’s chambers apart from assisting the Senior to prepare case briefs and research, you are also the bridge between him and the briefing counsels. You are his eyes and ears. You are expected to be at the top of cases as well as the courts they are listed in. Being aware of the bench and its decisional inclination also becomes an important part of your work scope.
Working with Mr Banerji also resulted in lots of independent briefs. Foreign law firms started engaging me to act as their co-Counsel in India related commercial arbitration’s and enforcement of foreign awards.
When you are working independently, you ought to be extra careful in every step you take as the only time your work will be scrutinised is before a tribunal or a judge with your client’s interest at stake. In my experience, working independently has the highest learning curve and every young lawyer must do it in whatever capacity they can.
Separate from the above two, working at a law firm is a different ball game altogether. Herein you often work in a hierarchy with multiple chain of commands, be involved with the client at every stage of dispute, and also work substantially on business development. My present office, Volterra Fietta, is the world’s only specialist public international law firm. This has ensured some very exciting opportunities for me to work on like working with governments of prominent countries, advising cabinets and Prime Ministers, and also private investors.
Could you tell us about some interesting cases that you have worked on?
Although the nature of my work is highly-confidential and I cannot name drop many of the cases, I can speak about couple of them that are in public domain. One is on behalf of the exiled Myanmar Government wherein we are tasked to collect evidence of human rights violation and other atrocities committed by the Myanmar Military and submit before the United Nations.
Another is an investment arbitration on behalf of an investor against a major European country. The dispute arose out of gold mining concessions which were expropriated by the State in full display of unilateral authority. This case is also challenging because the investors belong to a sanctioned state and every argument in their favour is met with a certain bias.
Mohit, how was your LL.M. experience at the MIDS? Would you recommend this course to others?
MIDS is truly the number one arbitration programme in the world. It is a highly professional programme designed for individuals with a certain level of work experience in international dispute settlement. The classes are taught by the finest in the field. Not only the professors teaching the course are academically the best but they are also highly sought after by parties as counsels before the International Court of Justice and as arbitrators.
The MIDS also ensures ample exposure to students by regularly organising events and conferences with leading law firms.
I would certainly recommend the MIDS to any student that is looking to make a career in international disputes. Being in Geneva will give you an unparalleled exposure to international organisations and institutions. However, my advice is that before venturing on a foreign LL.M., students should gain prior work experience. This will ensure that you are fully prepared to respond to the challenges of a demanding degree.
Could you highlight some of your success habits that enable you to meet your goal?
Finding out the optimum performance hour has done wonders for me. I work the best between 11 pm to 4 am and always schedule my most important drafts, document reviews, and important life decisions in that period. Second habit that keeps me going is eating good food. Never miss out on a meal!
Lastly, what advice would you give to someone starting out?
You have to be relentless in your pursuit.Take fewer leaves in the formative years of your career. However, it is also important to ensure that you don’t burnout.
Find what works best for you, my escapes are playing with dogs and multiple power naps!
Was pursuing law planned or did it all happen by chance?
I was thinking about the career choices available to me, after completing my 10th Boards Exams, when our school arranged a career counseling session for all 11th standard students of Frank Anthony Public School, where during the counseling session I was suggested by the counselor two career options first was Journalism and Second was Law, the later clicked in my mind as an ideal profession to pursue, because as a layman I use to view lawyer as a rationale person safeguarding the rights Individuals, and corporates without considering the fact that what is the public opinion formed upon against particular Individual and entity. Thus, this viewpoint attracted me towards taking law as a profession.
Please enlighten our audience about the initial struggles in your career and how you managed to overcome them?
Being a first-generation lawyer and that too from the non-NLU background itself ads up challenges to a lawyer’s initial days struggles, thus, it gets difficult to get a break even as an intern in Tier 1 Firms. On the other hand, there were many unexplored fields of law of which I had no idea, therefore, I made sure to get as much exposure as I can to various disciplines of law by interning with various practicing lawyers so that I could decide at the time of my graduation, that exactly practicing which area of law would suit my interests.
Among all the specialisations, i.e. Insolvency & Bankruptcy, Drafting, Arbitration, Debts Recovery, Criminal related, Company law, etc., which one do you find the most interesting and challenging?
Among all the various fields I have been practicing in I have found practice in Debt Recovery matters to be fairly interesting and equally challenging as well, in Debt Recovery matter Banks have the recourse of taking remedy under both the SARFAESI Act and RDDB&FI Act, thus, it is interesting to represent a bank and assist the court to take over the possession of the attached property, further, suggesting the banks various steps available to them to recover outstanding amount in loans involving complex issues.
Subsequent to providing legal services to the bank I had shifted my focus towards protecting the rights of the borrowers and other affected parties as the said statutes are enacted for recovery of bad debts, at times recovery proceeding comes hard upon the rights of the affected parties, thus, while representing the Borrowers or other affected parties one has to pay attention to minute details of all compliance done by the bank as any non-compliance by the bank of various rules under either SARFAESI Act, RDDBFI Act, or Security Interest Rules can give a new life to the defense prepared for safeguarding the interest of the Borrowers and other affected parties.
Kanishk, as you have mentioned Drafting as your core responsibility, What advice would you give to someone considering a career in legal drafting?
Through all these years of drafting, I am able to make out that an ideal way to draft is to start with having all the correct facts in hand from the client as the client is the only master of facts, and make sure all dots gets connected and no gaps are left to surprise the counsel at the later stage, further, when all the facts are received, one should prepare points for arguments and defense chronologically so that the draft has flow like a storyline and no ambiguity get formed in the mind of the reader by a simple reading of the draft.
How do you stay up to date on the latest legal developments?
As a major part of my job is drafting one has to keep an update on the law so to keep an update on the latest developments in the legal field, therefore, I prefer to spend my money on buying subscriptions to legal news portals and online law journal instead of spending it on entertainment purposes. Other than that, I have to keep researching new judgments for the legal prepositions that occur during drafting matters, so keeping a check on legal developments is both habit and a necessity to me being a drafting counsel for time being.
Any roadmaps that were followed by you, Kanishk and how do you consider the role of the same in this profession?
The simple road map that I have followed is to build connections in person and on Linkedin, apart from it, whenever, I am at court I make sure that I build good connections with seniors and other colleagues lawyers greet them nicely whenever I come across them during the court proceedings as the same is a traditional and effective way of building connections in the legal field, further, I will suggest that always leave your jobs and internships on a good note with senior as you can get a client as well as job recommendations from your previous office and in this field the nature of the profession is such that anyone could be a useful link in dealing with a particular case at any point of time, thus, one should always try to thrive in developing healthy professional relations.
How do you handle ethical dilemmas that may arise in your work? Could you highlight some ways to tackle the same?
At times you have to have a client-centric approach, which may result in damaging your professional outlook, to tackle such a situation one has to adopt an out-of-the-box approach to maintain the ethical balance in your professional life so that you will be able to provide relief to your client without tempering the legal framework.
Nowadays, people don’t have that zeal to pursue a career in law, what can be the reason for that apart from job security in corporate?
Litigation as a career demands a lot of patience and persistence which is kind of lack behinds in today’s world where everyone wants instant gratification and results, only those who really have a passion for this profession and understand that justice takes time and it takes time to excel in this profession can sustain in this environment.
Kanishk, as per you, what are the best strategies and possible ways you use to negotiate with creditors, as in debts recovery cases?
Creditors specifically banks and financial institutions only aim towards recovering the amount which they had disbursed and which turns out to be a bad debt, thus, they are least interested in selling the mortgaged property as it itself is a time taking and expensive exercise for the bank, thus, a borrower may negotiate with the banks for paying off its debt till the time the auction of the mortgage gets final as the bank has a lower hand when it comes to recover bad debt and thus, the borrowers can try and insist the banks to settle for the less amount, although, the best time to negotiate with the banks and financial institutions to pay off the debts is during the last quarter of a financial year i.e. January, February and March as during this time the banks have pressure to close the bad debts account so that least NPA’s gets reflected on their balance sheets which will help the banks to get more incentives from Reserve Bank of India ‘RBI’. In other words, the fewer bad debts that get reflected in a bank’s balance sheets the more incentives a bank receives from the RBI.
What is one piece of advice you’d give to our readers, who are looking for a career in the same profession?
As, I have mentioned before in the above conversation, this profession requires a lot of patience and persistence, further, there is no limit to the amount of hard work you put in,
“The more effort you put into this profession in your initial days, the sweeter fruit will ripe for you later.”
