Super Lawyer

Tag: independent practitioner

  • “Adapt to change, embrace continuous learning, and maintain a strong ethical foundation—the pillars for a successful legal career.” – Siddharth Krishna Dwivedi, Advocate on Record at the Supreme Court of India

    “Adapt to change, embrace continuous learning, and maintain a strong ethical foundation—the pillars for a successful legal career.” – Siddharth Krishna Dwivedi, Advocate on Record at the Supreme Court of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you share with us the pivotal moment or series of events that led you to  pursue a career in law? Additionally, how has the support of your family  influenced your journey, and what challenges did you encounter during your  formative years in the legal profession? 

    I got acquainted with law quite early in my life. My father laid down the  foundation of law in our family. During my school days, my father picked me up after school and I used to spend time at his office – Central Agency, Supreme  Court of India before heading back home. So, since class IV, I have been  visiting the Supreme Court. After completing my school education, I pursued  law for graduation and the interest developed. I kept pestering my father about  the legal propositions and understanding of judgments. His library became my favourite place to put what I was taught to test. The like came but love happened later. I joined the chambers of Shri Uday U. Lalit (later elevated as  Judge of Hon’ble Supreme Court of India and appointed as Chief Justice of  India) firstly as an intern and then as a junior, I saw him mastering the art of  reading thick paper-books, applying the legal principles and arguing the matter  the next day with utmost precision. Over the years I fell in love with the  profession. 

    My family, especially my father, kept pushing me to venture out of his office and  explore the diversity which the profession carries. So I developed the habit of  sitting in court and observing seniors argue the matters, preparing notes, noting down judgments advanced and later waiting to read that judgment whenever  pronounced. I recollect that sometime in 2012-13 I was in Court No. 2  (Supreme Court) and a trademark suit was being heard at its appellate stage  about a matrimonial site saying the other one infringed its right. As the  question involved online infringement the Ld. A Senior Advocate assisting the court was asked a question as to how the claim is maintainable. Though I was a  mere spectator it clicked me to online search on my mobile phone and see what happened and there it was. I explained it to his associate, the senior was  impressed immediately and handed the mobile phone to Hon’ble Judges who noticed the issue and granted relief. These experiences keep pushing you and  help you think on your feet. 

    This profession is a hard task master in many ways. One has to keep learning  and being updated about the judicial pronouncements while simultaneously  managing clientele and keeping the ethics above all. I find the legal profession  to be enthralling and at the same time keeping you resilient.  

    Your reported judgments span various legal domains. Could you share a  particularly memorable case and the legal principles it involved?

    There are a few, but I guess I have to refer to Awadhesh Kumar v. State of Uttar  Pradesh reported as (2019) 10 SCC 323 wherein the High Court had erred in  applying Exception 4 to Section 300 IPC and set aside the judgment passed by  Trial court which had found the accused guilty under 302 IPC. The accused  persons tried to kill the mother of complainant Awadhesh Kumar (whom I was  representing) and a case was initially registered under Sections 307, 504, 506/34  IPC, however, subsequently on the death of Awadhesh’s mother, the case was  converted into one under Section 302 IPC. The Trial court had found it to be fit  case for 302 IPC and had passed life sentences against one of them and acquitted  the other three. The convicted accused moved the High Court which modified  the conviction to Section 304 Part I IPC sentencing him to 10 years rigorous  imprisonment. I filed a Special Leave Petition on behalf of the complainant, who  was not a party before the Trial court or the High Court. My submission was that the High Court committed a grave error in modifying the conviction from that of  Section 302 IPC to that of under Section 304 Part I IPC as exception 4 to Section  300 IPC would be attracted only when there is a fight or quarrel which requires  mutual provocation and blows by both sides in which the offender does not take  undue advantage. Hon’ble Supreme court allowed my appeal and set aside the  judgment passed by High Court and modified the conviction from Section 304  Part I IPC to Section 302 IPC and the accused were directed to surrender before  the Court concerned to undergo life sentence as was imposed by the trial court.

    Mr. Awadhesh had tears in his eyes when the judgment was passed as the  accused almost got away with his crime but was finally brought to justice. 

    As someone who successfully cleared the Advocate-on-Record Examination,  could you shed some light on the preparation process? What strategies or  resources did you find most helpful in preparing for such a rigorous exam? 

    This I get to answer a lot. The daily court grinding works as a manure and itself  becomes part of preparation. If you are regular to the Supreme Court and  involve yourself in all the process, right from researching to preparation to  drafting to filing, listing and arguing the matter, you are already preparing  yourself for the examination. 

    I guess the difficult part isn’t the examination itself but the transition from a  professional to a student all in the same day as you have to do everything  above mentioned during work hours and study like a student during the rest of  the day.  

    To the advocates taking this exam, I would suggest taking your time but read  thoroughly the Supreme Court Rules, Leading cases, Bar council rules and  practice writing as by the time you are preparing for the exam this habit starts  fading away. 

    Beyond your legal career, you’ve been involved in guest lectures and events  related to broader societal issues. How do you see your role as a legal  professional intersecting with your broader interests and social  responsibilities? 

    As a person practicing law, you automatically become an activist fighting for  a cause, a critic of the government, a benefactor of humankind and with it comes  responsibilities. I had the privilege of being invited on women’s day to speak  on ‘Women Laws in India’ at an event hosted by Vayu Sanginis (Indian Air Force). Amongst the guest lectures, I recollect one at Rashtriya Raksha  University, Gandhinagar, Gujarat which was an enriching experience speaking  on the topic of Legal Dimensions of Serial Killers. 

    During the legal rigmarole, we come across certain individuals who are in need  of justice but are economically weak and by default I try helping at least a few  by taking up cases pro bono. So, whenever I am approached to educate or help someone needy, I try to serve  the society with my limited knowledge. 

    See we are called ‘officers of the court’ and our foremost duty is towards the  court and so the demeanour of a lawyer outside court is more important than  his obvious humility towards court. It is our collective duty to allocate time  while being committed to the cause. 

    How does the role of an Advocate-on-Record differ from other legal positions,  and what unique responsibilities does it entail? Also what are some common  misconceptions about the Advocate-on-Record role, and how would you  clarify or debunk them? 

    The Supreme Court Rules provide for an Advocate-on-Record to plead and file an appearance or act for a party in the Supreme Court of India. The rules  further say that no advocate other than an advocate-on-record can appear  and/or plead before the Supreme Court unless instructed by an Advocate-on Record. So yes, as you become the natural pleader before the Supreme Court, it  is a big responsibility. 

    Misconceptions are quite a few and I would address one of the most common of them: that only Delhi NCR based lawyers can appear in the AOR exam, this is so far from the truth. Any advocate enrolled with the bar council of any state and  having completed four years at the bar and having undergone training from an  Advocate-on-Record of at least 10 years standing is eligible to appear in the  examination. Yes, having an office within 16 km radius of the Supreme Court and appointing a registered clerk comes later but if one is keen on taking up  the exam and practicing before the Supreme Court, this is a given. 

    Outside of your legal profession, what hobbies or personal interests do you  pursue to unwind yourself? 

    I am glad you asked this, as most people think lawyers are hermits. Someone said that it is very necessary to have vices. The legal profession is daunting  and requires passionate commitment but unwinding becomes a necessity to give tranquility to the otherwise pandemonium-infused mind. I love to travel,  watch movies and I have an ear for music. During my college years I used to  do weightlifting for fun and then couldn’t carry on but I recently developed a  penchant for weightlifting. I feel it provides peace and relaxes the brain. My  wife and I often play badminton in the evenings. 

    Given your experience, what advice would you give to young lawyers aspiring  to practice at the Supreme Court level or aiming to become an Advocate-on Record? 

    Equip yourself with the knowledge, experience and procedure as much as you  can. Young lawyers often think about practicing directly before the Supreme Court,  me included, nothing wrong in it. But from my experience I can say that the  command on law required at the Supreme Court is at a much higher pedestal. It  would not be wrong to say that there is no scope for error. So, my advice to  upcoming advocates would be what I actually did. That is to work with an  advocate who appears regularly before the Supreme Court for some time. Later  find a chamber which allows you to hone up your skills. And finally  associate yourself with a senior who lets you argue to again develop that art  too. I am grateful to my father and Shri Santosh Kumar Tripathi (Standing  Counsel, Delhi High Court) who helped me develop that art.

    As a law officer for the Government of Uttar Pradesh, could you shed some  light on the specific duties and responsibilities that come with your role, and  how these duties contribute to the effective functioning of the government and  the administration of justice? 

    As I have said earlier, assisting the court is our primary duty and being a lawyer, you become a critic of the policies of the government. Being a law officer, one has  to walk the sharp sword of fulfilling both the responsibilities. A lawyer  appearing for a State or any institution bears the load of conveying the cause  behind the action brought in question by the litigant and in some cases bringing  justice where the State acts as a bridge to the society. 

    The balance of power is needed for effective functioning of the government and there comes the administration of justice, we lawyers in our duty as law officers for the government serve as the escapement ensuring that the wheels  never collapse and there is a constant transmission between the government and the justice system. 

    You’ve experienced both independent practice and working within legal  teams. What differences do you notice between the two, and do you find  yourself missing aspects of teamwork when working independently, or vice  versa? How do these experiences shape your approach to collaboration and  autonomy in your legal practice? 

    Litigation itself involves at least three heads, the applicant, the defendant and  the judge. We three work together to bring justice to the aggrieved. Now each  of the three heads have their own way of working and have a team which helps  them fulfill their tasks. So independent practice basically means where you are  heading the show and working within a legal team may or not necessarily mean  spearheading. No doubt working with a legal team supplements your approach  towards a case but if you are not the decision maker sometimes you just wonder  whether there could have been a different outcome. Working independently, you have that liberty albeit risk to proceed forward with your school of  thought.

    Get in touch with Siddharth Krishna Dwivedi-

  • “The diversity in my work not only keeps it intellectually stimulating but also allows me to bring a unique perspective to the table.” – Navigating the Legal Tapestry of Media and Entertainment, Sudisha Mukherji, Co-Founder of International Legal Alliance.

    “The diversity in my work not only keeps it intellectually stimulating but also allows me to bring a unique perspective to the table.” – Navigating the Legal Tapestry of Media and Entertainment, Sudisha Mukherji, Co-Founder of International Legal Alliance.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    How would you introduce yourself to our readers, considering your diverse background in law, media, and entertainment, along with your successful stint as a model?

    Hello, I’m Sudisha Mukherji. With over eight years of experience as a media and entertainment lawyer and IP attorney, my journey through the media industry has been both diverse and enriching. Prior to my legal career, I delved into the worlds of modelling and theatre. I modelled for renowned brands like Garnier, Lux, and Coke, and walked the ramp for various designers at fashion events such as the Bangalore and Pune Fashion Weeks. These experiences, alongside my legal studies, gave me a unique perspective enabling me to adeptly navigate the complexities of the media and entertainment sectors, both in India and internationally, with a deep understanding of their intricacies.

    Your journey into the legal profession is quite intriguing. Could you share some key milestones and experiences that shaped your journey from being a model to becoming an esteemed media and entertainment lawyer? How did your experience in the fashion industry contribute to your current role as a media and entertainment lawyer?

    My transition from modelling to law was marked by several significant milestones and enriching experiences. Winning MTV’s “Making the Cut Season 1” and being a finalist in Miss India East 2012 were key highlights. Additionally, my active participation in the theatre production ‘Stories in a Song’ offered me a profound insight into the intricacies of the fashion, media, and theatre industries. Meeting my mentor, Adv. Jamshed Mistry, during my MCom, led me to pursue law. Even before I enrolled in LLB, I was certain about specializing in a specific area of law i.e., media and entertainment. This early clarity and guidance have been pivotal in my legal career.  These experiences coupled with mentorship have proven to be invaluable in my legal career. 

    The opportunity to work in fashion, media, and theatre industries equipped me with a deep and nuanced understanding of the inner workings of these sectors, enabling me to provide effective counsel to a diverse range of clients within the media and entertainment industry. This unique blend of practical industry knowledge and legal expertise allows me to approach each case with a comprehensive perspective, ensuring that I am not just a lawyer, but also a strategic advisor who understands the creative and business aspects of the media world.

    Managing both legal practice and involvement in the Ethics Committee of Nowrosjee Wadia Maternity Hospital and Bai Jerbai Wadia Hospital for Children is impressive. How do you balance your professional commitments with your responsibilities in the healthcare sector?

    My involvement with the healthcare sector, particularly with Nowrosjee Wadia Maternity Hospital and Bai Jerbai Wadia Hospital for Children, spans over six years. In this role, I serve as a Legal Expert on the Ethics Committee, focusing on ensuring adherence to good clinical practices for collaborative studies and research. This responsibility complements my legal practice rather seamlessly.

    In all honesty, I don’t view my role in the healthcare sector as an additional task to manage; rather, it’s an integral part of my professional journey. My work with the Ethics Committee enriches my understanding of legal issues in healthcare. The skills and insights I gain from one sphere often benefit the other.

    Balancing these commitments comes down to effective time management and a deep passion for both fields. The synergies between my legal practice and my role in healthcare governance allow me to navigate both areas effectively. My experiences in healthcare have provided me with a broader perspective on legal issues, enhancing my ability to advise clients with a more holistic approach. Therefore, rather than balancing two separate roles, I see them as complementary aspects of my professional life that enrich each other.

    Your clientele includes a diverse range of entities, from production houses to hospitals. How do you navigate between such different sectors, and what challenges or rewards come with representing clients with varied interests?

    Navigating between diverse sectors like production houses and hospitals presents its unique challenges and rewards, and my experience in both the media and healthcare industries plays a crucial role in this. One of the main challenges is the need to constantly adapt to the distinct legal landscapes of each sector. The media and entertainment industry, for instance, involves a lot of intellectual property, contractual, and compliance issues, while the healthcare sector demands a thorough understanding of medical ethics, privacy laws, and regulatory compliance. My background in both these areas allows me to transition smoothly between these different legal environments.

    The rewards of representing such a varied clientele are immense. It provides me with a rich, multifaceted perspective on legal issues. Working with production houses keeps me connected to the creative and dynamic world of media, while my involvement with hospitals grounds me in the impactful and socially responsible realm of healthcare. This diversity in my work not only keeps it intellectually stimulating but also allows me to bring a unique perspective to the table, combining creative problem-solving with a deep understanding of regulatory frameworks. In essence, the variety in my clientele enhances my capability as a lawyer. It enables me to approach legal issues with a broader, more informed perspective.

    Your journey involves a transition from a legal consultancy role to being an independent practitioner. What inspired you to take this leap, and how has it influenced the way you approach your work?

    The decision to transition from a legal consultancy role to becoming an independent practitioner was not so much a choice as a necessity. At that time, I was struggling to find work that aligned with my interests and expertise. However, once I made the leap, thankfully, my practice started to grow organically through word-of-mouth recommendations and referrals.

    This journey has profoundly influenced how I approach my work. One of the key aspects is my perspective on learning. I consider myself a lifelong learner; I learn something new every single day. This mindset has been crucial in my journey as an independent practitioner. I’ve learned everything on the job, and I’m deeply grateful to my mentors and seniors who have offered unwavering support, guidance, and encouragement. Their assistance was invaluable in the early days of my practice, and it remains just as important now, whenever I reach out for insight.

    Being an independent practitioner has also instilled in me a sense of resilience and adaptability. It has pushed me to be more proactive in seeking opportunities, developing new skills, and expanding my network. This journey has not only honed my legal skills but also sharpened my entrepreneurial instincts. It has taught me the importance of building and maintaining relationships, understanding client needs deeply, and consistently delivering high-quality work.

    In summary, the transition to independent practice has been a transformative experience. It has shaped me into a more versatile, knowledgeable, and resourceful professional, enabling me to offer more comprehensive and personalized legal services to my clients.

    During your secondment with Zee Entertainment Enterprises Limited on their digital vertical while working for ANM, how do you perceive the ongoing digital transformation in the media and entertainment industry, and what legal challenges and opportunities does it present?

    The digital transformation in the media and entertainment sector, fuelled by online curated content platforms, broadens content variety, targeting diverse audiences. This shift brings legal challenges and opportunities in management of rights and online content regulation. Key areas include managing rights through agreements like co-production and licensing, and handling sensitive content and brand associations. Legal expertise is essential to navigate this evolving digital landscape, ensuring compliance and protecting interests amidst changing regulations and audience dynamics.

    Beyond the legal realm, what hobbies or activities do you engage in to unwind and rejuvenate?

    Outside of my legal career, I find joy and relaxation in spending time with my family and  my two wonderful boys. One of my favourite activities is curating sensory bin activities for them, which is both fun and engaging. Additionally, I enjoy unwinding by taking long drives, and immersing myself in the world of books. 

    With your extensive experience in media and entertainment law, what advice would you give to aspiring lawyers looking to enter this dynamic and ever-evolving field?

    To aspiring lawyers entering the field of media and entertainment law, I advise prioritizing mental health due to the field’s demanding nature, where everything often seems urgent. While it’s a learning-rich profession, remember that you can’t master everything at once. Taking time off for yourself is crucial to avoid burnout and maintain a healthy balance.

    Get in touch with Sudisha Mukherji-

  • “As a transactional lawyer, one has to comprehend all the future eventualities while drafting agreements and documents between parties”- Hemant Kothari, Advocate and Legal Consultant

    “As a transactional lawyer, one has to comprehend all the future eventualities while drafting agreements and documents between parties”- Hemant Kothari, Advocate and Legal Consultant

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Sir, can you share a bit about your journey in the field of law, from your early days to establishing your own chambers? What inspired you to pursue a career in law?

    I come from a small town in Rajasthan called Merta, where we stayed for the major part of my childhood before moving to Jodhpur where I completed my schooling. In Merta, my Nanaji (Maternal Grand Father) was practicing as a Sales Tax Attorney and had established a small but niche and respectable practice advising the businesses in and around Merta, on their Sales Tax compliances. Even though he was not a traditional court going lawyer and mostly did departmental practice, he was fondly referred by everyone in the town as ‘Vakil Sahab’, which I used to consider a title of respect. 

    Also, despite coming from a predominantly business family, I had keen interest in social sciences while growing up. 

    Therefore, with the benefit of hindsight, I think my choice to pursue law was the fortunate amalgam of having grown up looking up to a tall and respectable figure in my Nanaji and the opportunity to explore my interests in social sciences when I got to know about NLUs after moving to Jodhpur.

    Coming from a small town, the opportunity to study law at NLU Delhi was a privileged experience, which for me was not only a place to train as a lawyer but opened the world to me in a manner that I had not envisioned. I am what I am today because of the five years spent in the company of the dearest friends and peers, apart from some of the most exceptional faculties at NLU Delhi.

    After completing college, I joined Khaitan & Co (KCO) in Mumbai. In my first year at KCO, I rotated and worked with the Banking & Finance team, Indirect Tax team and the Investment Funds team, before finally joining the Banking & Finance team. I had a great mentor and guide in my partner at KCO, Mr Kumar Saurabh Singh from whom I have tried to imbibe the ability to think holistically as a lawyer, instead of a tunnel view, on any given issue. 

    During my time at KCO, the Insolvency and Bankruptcy Code, 2016 (IBC) had just been introduced and top 12 defaulting companies then were referred to the process under IBC. With the team at KCO, I was involved in the CIRP proceedings of three (3) companies, being Essar Steel India Limited, Alok Industries Limited, and Electrosteel Steels Limited, apart from other assignments under IBC. Invariably, all the processes went into litigation, which gave me the opportunity to work on both transactional and litigation aspects in the aforesaid matters and to closely interact with the leading Senior Advocates in the country.

    The exposure to handle litigation in high stakes matters re-affirmed my interest in litigation but at the same time, I did not want to completely forego working on the transactional side. 

    From a long term perspective, I always wanted to settle in my home state, i.e. Rajasthan.

    Accordingly, after a stint of around three and half years with KCO, I moved to Jaipur and for the first few years, I wanted to just learn as much as possible in terms of managing court practice, advocacy and understanding the intricacies of litigation. In Jaipur, I initially worked with Chir Amrit Legal LLP as a Senior Associate, where I was fortunate to learn under Mr Sanjay Jhanwar (Sr. Advocate) and Mr Prakul Khurana.

    In 2020, I joined the Chambers of Major RP Singh, Sr Advocate and the then Additional Advocate General (AAG), as Assistant to AAG and continue to work under his guidance even today. Under his guidance, I received intensive training in court craft and advocacy, which has certainly helped me improve immensely as a lawyer. He graciously allowed me the flexibility to take up my own matters and to gradually build an independent practice. 

    With the support and blessing of my Seniors, I was fortunate to set up my independent Chamber in August, 2022 after extensive training of more than six (6) years.

    Your experience includes representing the Government of Rajasthan in key disputes. Can you highlight some of the challenges and highlights from your time handling matters related to finance, revenue, indirect taxes, and other departments?

    The experience of representing government departments does help one to gain a deeper strategic understanding of matters from the perspective of the government; in understanding how the institutional machinery works on policy matters; and generally in terms of how the decisions are taken. 

    Now practicing on the private side, the learnings from my experience in representing and advising government does help me in having a better perspective in matters where the government is on the opposite side. 

    Also, governments are the biggest litigators in our legal system and in representing it, one gets to work on a diverse range of matters and really fast forwards the pace of learning.

    In your current chamber practice, you cater to both transaction advisory and dispute resolution mandates. How do you balance these two aspects of legal practice, and what unique challenges do you face in each?

    As I said, during my time at KCO, I had the unique opportunity to work on transactional and litigation aspects simultaneously, for matters under IBC. While traditionally there is a clear segregation between transactional work and litigation work, but in my experience I have realised that one is a better transactional lawyer with the experience of litigation and similarly, one is a better litigation lawyer, with the experience of transactional work.

    As a transactional lawyer, one has to comprehend all the future eventualities while drafting agreements and documents between parties. Having a perspective that how the document so drafted will be construed in arbitration or courts, if it goes in dispute, helps one to give better advise at the transaction stage. The reverse is also true for litigation lawyers, particularly for those practicing in commercial laws. 

    I have experienced so while representing and handling complex commercial arbitrations or court matters involving large volumes of contracts such as Concession Agreements, Financing Agreements, Shareholders Agreement, EPC contracts, Service Contracts, etc. 

    In terms of managing a practice to advise on both transactional and litigation aspects, I have separate teams in my Chamber which work exclusively on transactional and litigation matters, respectively and the final advise or work product is reviewed by me. The chamber also focuses on training the associates to have multi-disciplinary understanding such that they are also trained to deliver a holistic solution to the client. 

    Obviously, with my litigation practice when I am in Courts for a good part of the day, it may at times be difficult for me to singularly manage the transactional practice which requires more desk work. Therefore, I have focused on retaining and nurturing experienced associates dedicatedly working on transactional matters to be able to deliver holistic work products in a timely manner in a Chamber set up, where the end responsibility remains mine.

    Could you share an anecdote or case that was particularly challenging and how you approached it?

    There are various interesting and challenging matters which I cannot talk about since they are still sub-judice in appellate forums. 

    One of the challenging matters I did was a road construction arbitration during the COVID-19 pandemic. I found it challenging since (a) I was the only Counsel responsible for preparing, drafting, researching, coordinating with the Government Officers and also to brief the Senior Counsel on behalf of the Government to defend a claim of more than Rs. 250 Cr.; and (b) barring last one hearing in the arbitration, the entire arbitration was held virtually including for cross-examination.

    The work on this arbitration went on for around one and a half year and I had to really burn the midnight oil on many nights to prepare and be ahead of the opposite side, which was represented by a Tier-1 law firm. 

    Generally as a lawyer one is only trained to look at legal principles, but the added interesting work involved in the matter was to understand the intricacies of road construction and engineering to be able to do proper synthesis of technical matters. I cannot say I became an expert in road construction after this matter, but it certainly tells you that as a lawyer, one gets to work on a variety of matters that keeps the urge to learn alive on each day.

    While we succeeded only partly in the matter, I was humbled to have received the kind appreciation from the Presiding Arbitrator, upon conclusion of the final hearings, as also from my Senior.

    As retained advisor to large Indian business and startups, you describe your role as an external general counsel. What does this role entail, and how do you oversee both transactional and dispute mandates for your clients?

    I do not have any title as External General Counsel but in order to summarise the range of services that I deliver to my clients, I use the term in an informal manner and also because most of the clients may have in-house legal team for general compliances but not to advise and coordinate with the management / business teams on complex legal-commercial issues. 

    As I have already explained, my chamber caters to both transactional and litigation services, which has fortunately been appreciated by a number of large businesses, who have retained me for overseeing and helping them with all their transactional and litigation matters with the expectation that I understand their business and commercial needs while advising them holistically. 

    Increasingly, I have felt that the upcoming businesses or for that matter even established businesses require steady and continued legal support from a lawyer, who is in active practice interacting with other clients and not in their in-house system, to be able to have a better outsider or on-field view on various issues, as early as possible before they rake up. This is possible only based on continued association with the clients to be able to understand and appreciate the needs of the client from a broader perspective while advising on specific issues.

    In this capacity, it is not necessary that we undertake the entire work but sometimes depending on commercial requirements of the client, I advise my client to engage services of other professionals/law firms with whom my chamber works in coordination. The underlying principle being that my role is not only to provide legal services but to keep the best commercial and legal interests of my client to help them navigate their requirements. 

    Thankfully, I have been receiving positive feedbacks from my clients so far on this working model and hope to grow this area of practice more.

    Your advisory work spans restructuring, insolvency transactions, GST matters, investment fund advisory, and more. Can you share a specific transaction or advisory mandate that you found especially interesting or complex?

    The earliest and cherished experience for me was to work on a large multi-jurisdictional financing transactions during my time at KCO. Apart from the long night calls due to the difference in time zones, I learned how one has to apply the prevailing laws and regulations to tailor make an agreement by incorporating the commercial wishes of the parties in the best manner possible. Being a multi-jurisdictional financing transactions, we dealt with the rules under FEMA and the RBI directions to accommodate the terms of the transaction between parties. The entire process of negotiating on the commercial aspects with the legal interpretation of the applicable laws was something that I found really interesting and complex, as it then helped me build an understanding that as a lawyer when one negotiates or takes a position, it has to be backed by sound legal reasoning else the other side can simply roll you over.

    There are many such experiences and learnings but the core principle that I have come to understand is that as a lawyer, one must not stop thinking or prematurely jump to assumptions or conclusions and one  must keep exploring and reinterpreting the bare texts of law as much as possible.

    Considering your diverse experience and success in both private practice and government representation, what advice would you give to law graduates entering the field today? Are there specific skills or mindsets they should cultivate for a successful legal career?

    From my experience so far, I can only say that give your best at your work place. Whatever assignment or work comes your way, take responsibility for it like you have to be personally answerable to the Court or the client, for your work. If you start inculcating such an attitude, your work will speak for you.

    In terms of skill set, the fresh graduates should focus on developing a multi-disciplinary understanding and keep themselves abreast with all the new legal developments to gain knowledge about other areas of law, in which they may not be working. Law evolves and develops every day and as new entrants into the profession, you have the benefit of looking at everything from a fresh perspective to contribute to better development of law.

    Get in touch with Hemant Kothari-

  • “I appeal to the young lawyers to have an empathetic and humane approach with integrity towards the downtrodden and poor litigants for whom lawyer is the only hope to fight for justice for him/her”- Sudeep Vijayan, Independent Legal Practitioner

    “I appeal to the young lawyers to have an empathetic and humane approach with integrity towards the downtrodden and poor litigants for whom lawyer is the only hope to fight for justice for him/her”- Sudeep Vijayan, Independent Legal Practitioner

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you share with us your journey into the field of law, from your decision to pursue it as a career to your experience at Hidayatullah National Law University and GGSIPU for your LL.M. and your recent decision to enrol for a Ph. D. program with IIULER?

    First of all, I would take this opportunity to thank Superlawyer for this interview and convey my deep appreciation for this endeavour as it could offer your young readers some valuable insights while planning their life around law as a career. 

    Addressing  the first part of your question on deciding to pursue law as a career; I would like to tell you that  I was a student of Physics, Chemistry and Biology up to 12th standard; and had no family member into active  legal practice, but I think my flair for languages and my father’s inspiration who despite being a serving Army officer ; pursued Law. Since my scoring in languages had remained stable throughout my school career, the orientation classes helped in getting an insight into the field of law. Thereafter, after completion of my 12th Std, I cleared entrance examinations for Hidayatullah National Law University, Raipur (HNLU) and Army Institute of Law, Mohali (AIL) in the year 2003. I decided to continue with HNLU. HNLU was established in the year 2003, and I could become a part of its 1st Batch having passed out in the year 2008. The State of Chhattisgarh was established in the year 2001, so our batch had a unique distinction of being from a new university in a newly established state, which had its own challenges but, it soon turned into opportunities for all my batchmates. 

    Now coming to the second part of the question; I would like to say that the professional work environment of a career in law is quite dynamic which entails frequent changes in laws, new legislations, delegated legislations etc. I have always believed that life in general and Law in particular is an ongoing process of learning; one needs to keep a tab on new developments to keep oneself updated and the grasp the diversity of knowledge. I, thus, completed my LL.M in Corporate Law from USLLS, IP University, Delhi during 2014-16 and currently pursuing a Ph.D. from India International University for Legal Education & Research, Goa (IIULER), on the topic of ‘Food packaging and food Contact materials’ and its Regulatory & Legal Standards in India’. IIULER is designated as the 1st International University for Law in India and is an initiative of Bar Council of India Trust-Pearl First.    

    You have a diverse career path, including working with ZEUS Law Associates, KPMG, and the Ministry of Finance. How did these experiences shape your expertise in tax law and advocacy?

    Law as a profession has always intrigued me with its depth and ambit and I have always wanted to explore the diverse verticals that it encompasses. During the final stages of college education, drawing inspiration from revered names in law practice i.e. Sh. Nani Palkhiwala & Sh. Harish Salve had both started their respective careers in the field of taxation. I was deeply inspired to take-up tax as a career option despite the general trend being to opt for court practice, corporate practice or capital markets. Despite being involved in matters of significant constitutional issues having national and international repercussions, they are still considered doyens of tax practice. My professional journey commenced with the tax team at Zeus Law Associates, New Delhi followed by KPMG. Both these stints gave me incredible insights into tax as an area of practice coupled with much desired cross-country work exposure. I had also learnt the importance of working with professionals from different disciplines, since it involved working with Chartered Accountants, Company Secretaries, Architects etc. These interactions gave me immense insight into overall working of ‘business transactions’ and added incredible value in my growth as a lawyer. From early part of 2013, I had ventured into independent practice and started to take-up matters in other areas of law in addition to my continued work in tax. Hence, I would encourage young graduates to bear in their mind that life shall always give you avenues to earn and learn. As long as you are able to identify those avenues which can catapult you and enhance your own sense of individuality, you should choose them over anything else no matter what the costs. I don’t intend to sermonise this but, if one were to practically see within the legal profession and perhaps medical profession too, there are no defined career progression or milestones which more or less exists for other professions. It’s all upto an individual about how one intends to lead his life. Hence, as and when one is able to identify an avenue of personal growth, one must prioritise it and seize the opportunity and work towards enhancing one’s skill set. Please understand that, skill set doesn’t really mean ‘legal skills’ alone it also means honing-up ‘life skills’ and can be as simple as one’s ‘ability to listen’, ‘time-management’, ‘language’ etc. It is for a reason that, law as a career lacks any entry age or retirement age as in life there is no specific age or stage for learning.  

    Could you tell us more about your role in formulating key proposals and legislative drafting for the Ministry of Finance? What were some of the most significant challenges you faced in this role?

    I have had the opportunity to work as a Consultant with the Ministry of Finance, Department of Economic Affairs, Govt. of India in 2016-17. This assignment entailed exploring the arena of legislative drafting and policy making for the said Department. This entailed attending stakeholder’s consultation process, undertaking research, preparing notes from legal standpoint, and drafting of statutory legislations, amendments, circulars etc. as desired by the said Department.  I can definitely say that it was quite an enriching experience. It gave me a bird’s eye view regarding the functioning of various securities laws in India and how policy making by the Departments tries to respond to challenges and concerns faced by the stakeholders and the public at large.        

    Co-founding Integricon Consultancy Services (ICS) is a significant milestone in your career. Can you share the motivation behind starting ICS & ILO and how it has evolved to offer comprehensive consultancy solutions?

    The basic idea behind ICS is to bring the concept of seamless cross-practice experience to clients. As a result, myself and two other partners were able to establish ICS in the year 2020 as a one stop consultancy service solution for clients. So as to provide these consultancy services, we have a bouquet of professionals from myriad walks of life viz., bureaucrats, lawyers, chartered accountants, cost accountants, economists, engineers, technocrats and company secretaries. ICS engages with various Companies, PSU’s etc. for meeting their consultancy, research and training needs.  

    In addition to the same, we had established Integricon Law Offices (‘ILO’) as a full-service Law firm for legal services and as a think tank for research and legal services. The think tank works on various vacuum areas of anticipated legislation world over and elucidates various situations from a legal standpoint involved.  On the legal services side, the ILO focuses on litigation practice, corporate practice and tax & regulatory practice. I personally look after the tax and regulatory practice including Food Safety and Standards Act, Legal Metrology Act, NMC Act & related Rules etc.      

    As someone with extensive experience in the legal field, what advice would you offer to fresh graduates who are just starting their careers in law? What skills and strategies do you believe are essential for success in the legal profession?

    All fresh graduates should journal their life and professional experiences. This would not only assist them to traverse through a career in law but also make them mindful of their respective professional/ life environment that they are a part of. This would allow them an opportunity to evaluate their respective strengths and weaknesses. Law offers myriad career choices. Thus, in addition to these career choices, a graduate should also try and develop a sectoral focus by integrating technical knowledge and expertise and not merely restrict to the nature and kind of work coming their way. After all, apart from professional journey it’s a life journey as well hence, both needs separate prioritising. In a lighter vein, I can only say that in this world of T20 cricket, a career in law practice is a like that of a Test Match wherein after surviving a few testing sessions the playing conditions are bound to get better. Hence, it’s all about staying put on the crease while trying to be the best player version of oneself alongside. 

    It is famously said about lawyers that they have this unique capacity to do what common people might find boring. Therefore, so as to answer your question, fresh graduates who are at the stage of commencement of their careers need to really hone up their capacity to pay attention to details. Moreover, no work should yield satisfaction unless there is an internal assessment of whether one has performed to the best of their capacity on a given day. Late Nani Palkhiwala had mentioned that, graduates coming out of law colleges should not be ‘ethical literates’ and they should inculcate a greater sense of understanding about public good hence, it is important for graduates to develop a public character while pursuing a career in law.

    For the lawyers/ young law graduates who aspire to take to court practice, my only advice is to be a keen practitioner who can challenge and alter his/her own thought process every day on settled legal propositions as per human and societal needs because that helps civilisations grow into a certain direction. Also, I appeal to the young lawyers to have an empathetic and humane approach with integrity towards the downtrodden and poor litigants for whom lawyer is the only hope to fight for justice for him/her. 

    In the end, I would like to once again thank Superlawyer for their initiative which has afforded me an opportunity to try to put my perspective on law as a multifaceted profession before the younger lawyers of the country.  

    Get in touch with Sudeep Vijayan-

  • “As per my experience, judges in the Delhi High Court are very cooperative, and empathetic towards young lawyers who are at the learning stage”-Mohd Fuzail Khan, Advocate on Record at the Supreme Court of India

    “As per my experience, judges in the Delhi High Court are very cooperative, and empathetic towards young lawyers who are at the learning stage”-Mohd Fuzail Khan, Advocate on Record at the Supreme Court of India

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Sir, can you share with our listeners how your journey into the field of law began? What inspired you to pursue a career in law, and how did your early experiences shape your decision to become an Advocate on Record?

    When I completed my law in the year 2023 I had decided to pursue my career as a lawyer so initially I started my practice from the Lucknow bench of the Allahabad high court in 2003 till 2006. After that in July 2005 I joined the chambers of senior Advocate late Shri R K Jain. To start your career in the field of law one has to have a good senior who acts as a mentor. Learning law is also similar to learning about life. If one has to practice in the Supreme Court, a lot of dedication is required.

    Having completed your B.A LL.B (Hons.) from Aligarh Muslim University, could you highlight any specific aspects of your education that you believe significantly contributed to your success as an advocate? What motivated you to enroll in the Bar Council of Uttar Pradesh?

    In order to practice law a student has to work on certain subjects such as IPC CPC CrPC, Evidence Act etc but most importantly one has to thoroughly read a newspaper. The law page is the most important. The availability of a large number of cases and overload on judiciary motivated me to enroll in the Bar Council. 

    You started your practice as an advocate in the High Court of Delhi and the Supreme Court of India. Can you share some memorable experiences from your early years, including the types of cases you handled and any significant challenges you faced?

    To practice in Delhi High Court and the Supreme Court one has to be punctual and secondly good command over English language. As per my experience, judges in the Delhi High Court are very cooperative, and empathetic towards young lawyers who are at the learning stage. I have a lot of experience in civil cases because of the interest. The challenges include adapting with the new age technology and striving for perfection with each amendment.

    Your profile mentions handling matters in various domains, such as criminal, service, civil, and constitutional law. How did you navigate the diverse legal landscape, and were there specific cases or areas that you found particularly intriguing or challenging?

    It is never easy to choose a particular field. In my case, I was fortunate enough to gain experience in diverse types of laws and ultimately, I understood that all of them are equally important. As far as the challenges are concerned, civil law as well as criminal law pose a lot of challenges in college years. 

    You’ve worked with notable legal figures such as Late Mr. R.K. Jain and Mr. P.C. Hota, as well as with organizations like the Yash Birla Group and Karims Mughlai Foods. How did these collaborations influence your professional growth, and what lessons did you learn from working with such experienced individuals and entities?

    All of them have had a great impact on my overall development. Professional growth is a slow and steady process, and it would be wrong to give all the credit to just one organisation. We keep learning through the way. The only lesson that keeps me going is that nothing in life comes easy, irrespective of the field of law chosen.

    Your work experience includes associations with companies like Lemon Entertainment Ltd. and Shambhu Technology Services P. Ltd. Could you share insights into how your legal expertise was applied in the corporate context, and what unique challenges did you encounter in these roles?

    Corporate law offers a plethora of opportunities. When I started practicing, it was never a goal to become a corporate lawyer. Based on the opportunity, I learned a lot about Contracts and other aspects of corporate law. As such, there have been no unique challenges but deep learning all the while. I then apply the learning in upcoming cases to solve them in a more comprehensive manner. 

    You’ve appeared in various tribunals, including the Central Administrative Tribunal and National Green Tribunal. How does advocacy in these forums differ from traditional court settings, and what skills do you consider crucial for success in specialized tribunals?

    Contrary to popular opinion, the nature of work remains the same. It is just that the tribunals have a more streamlined process and the cases are disposed of quite expeditiously. Critical thinking skills will help in the long run, for people who wish to pursue a career on this path.

    Drawing from your experiences and achievements, what advice would you give to law graduates who are just starting their careers? Are there particular principles or strategies that you believe are essential for success in the legal profession?

    Everyone has their own fields of interest. My only advice would be to give your 200% in everything, even in petty cases. It will shape you as a lawyer and definitely make you a better thinker. There are no particular principles, since law is not just a subject but a way of life. All law graduates should try to imbibe everything they hear about the latest laws, for a successful career in any aspect. 

    Get in touch with Mohd Fuzail Khan-

  • It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another- Lakshmi Menon, Independent Legal Practitioner at Law Chambers of Lakshmi Menon

    It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another- Lakshmi Menon, Independent Legal Practitioner at Law Chambers of Lakshmi Menon

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

    Can you share with us your journey and what inspired you to pursue a career in law, especially with your impressive academic achievements?

    Like many others, I was once keen on cracking the UPSC exams and making my mark as an IAS officer. I was told by my family and friends that attempting the UPSC with law as a subject paper would make things easier. This made perfect sense. Law is after all a key pillar of governance, and I believed that having a degree in law would naturally give me an edge over my competitors when attempting the UPSC exams. So to my mind, the law was simply a means to an end at first. This is by no means to say that I did not take my CLAT preparations very seriously. I moved to ISC from the State Board after Class X as I felt this would allow me to pursue subjects that were more relevant for CLAT with more rigor. I also signed up for CLAT coaching classes, and gave it my best to make it to a good law school. 

    My larger goal of clearing the UPSC did not waiver, that is until I actually started law school and fell thoroughly in love with the law. I was awed by this complex network of norms that held the social contract together while leaving enough room for clever interpretations and mental gymnastics that it never became tedious. I lost myself in my textbooks and lectures, spending hours at the university library to soak in as much as I could of what the law had to teach me. I soon realized that the law was no longer something I had to do, but something I wanted to do. Once this realization hit, I never looked back.

    As for my “academic achievements” as you call it, I believe they are the by-products of  two things. First, a genuine fondness for what I do, and second, discipline / hard work. I also believe that consistent performance, be it at academics or any area for that matter, is just as important as excellence. Consistency takes determination, and a willingness to commit continuous effort to whatever one does. This belief has helped me stay focused not just in my academics, but also in my work.

    You’ve had a diverse range of experiences, from working at a prestigious tax law firm to handling various civil and commercial matters. What prompted you to establish your independent law practice in 2019?

    It was in my first year of law school, when I participated in the Nani Palkhivala Direct Tax Moot in Mumbai, that I was drawn towards tax law. This led me to pursue an internship with Lakshmikumaran & Sridharan in my third and fourth years, when I was fortunate enough to be offered a PPO. The time I spent at LKS in the formative years of my career was crucial, as it concretised my affinity towards tax law and ensured that it would remain one of my core practice areas. My subsequent stint reading for the BCL at Oxford University considerably broadened my professional horizons and opened my eyes to the fact that I need not pigeonhole myself into any one branch of law. The course structure allowed me to craft a cocktail curriculum for myself comprising among other things finance, trade, and comparative corporate law, which prompted me to look beyond my interest in tax when charting my career trajectory. My internship with Mr. Philip Baker, QC, served as a reminder of the adrenaline rush that came with running a well-researched and well-presented matter, and rekindled my interest in litigation. Upon my return to India, I spent some time learning the ropes of litigation at the chambers of Adv. C.K. Nandakumar (now a designated senior counsel), where I also learned invaluable lessons on running an independent law practice. From there, establishing my own chambers seemed a natural progression and I was able to fulfil that dream in 2019 – thanks in no small part to the blessings and support of my wonderful group of family, friends, seniors, and colleagues. 

    Your practice covers corporate insolvency, property, tax, and other commercial and civil matters. Could you give our listeners some insight into the unique challenges and rewards of handling such a wide array of legal areas?

    There are moments when I identify all too well with the adage “jack of all trades and master of none” as a general practitioner, given the sheer scope of work. Apart from needing strong foundations in all areas in which you practice, you also need to constantly stay on top of domain developments – be it a landmark judgment settling (or-unsettling) a substantive question of law, or an obscure circular from a local authority that manages to make existing workflows obsolete in one swift stroke. Many colleagues also argue, perhaps rightly so, that the world is heading towards super-specialization. Increasingly complex problems call for increasingly complex solutions, and some say that it is simply too difficult if not impossible to gain the required level of insight into multiple domains at once.

    However, for every moment of uncertainty, there are two others to remind me that there is still immense value in what we do. It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another. Such a perspective only comes with experience gained by handling matters across domains and forums. We also do not work in silos and make it a point to enlist the help of domain experts as and when required.

    In addition, and most importantly, the subjects we handle are all interconnected at various levels. It is not possible to practice say corporate or commercial law without having a good grip on property and tax law. Ultimately, what makes a good lawyer is their innate understanding of how people work and think. The broader your sense of how and what makes the world tick, the more effective you are as a lawyer. 

    You’ve represented both government and non-governmental organizations, as well as tier 1 and 2 law firms. How do you adapt your approach when working with different types of clients and organizations?

    Every client, whether a government organization or a business, has a set of attributes that is unique to them. This could be their nature of work, familiarity with the legal system, reporting requirements, personal convictions – the list goes on. There are some clients who need to be sat down and patiently walk through their legal strategy many times over, while there are others you may not meet in person at all and with whom you interact only when strictly necessary. Needless to say, a one-size-fits-all approach will not work here and you are expected as a lawyer to tailor your approach based on the unique attributes of the client as well as the matter at hand.

    While the specifics may vary, there are some aspects of client relationships that stay the same irrespective of the client. For instance, I make it a point to handle every client with a high degree of professionalism, always respecting the human element behind each litigation. I do not differentiate my clients on an interpersonal level based on where they come from or what their background is. Lessons learnt from working with some clients can also be transposed to others, making the overall processes stronger. 

    As a guest lecturer at several universities and a guest editor for peer-reviewed journals, you’re deeply involved in legal academia. How do these roles complement your legal practice, and what do you enjoy most about them?

    While I have carried forward an interest in legal academia from my law school days, I am not sure it would be accurate to call me “deeply involved” at this point, as time and bandwidth constraints have certainly impacted my involvement. In the past, I used to be a frequent contributor to my university law journal and newsletters, as well as some external publications. We had an in-house knowledge building team at LKS, whose high-quality content kept us young lawyers on our feet and up to date. At Oxford, I was part of the South Asian Political Thought Discussion Group and occasionally coached younger students for moots and peer-reviewed their papers. I still receive invites to deliver guest lectures on tax and insolvency law from time to time and speak at various events / platforms. 

    I believe it is important to keep in touch with legal academia in whatever limited way our work schedule permits. Making time to read the right literature and also interact with students and other academicians will go a long way in strengthening one’s knowledge pool, particularly on aspects one may not routinely encounter in the course of work. As the rush from one matter to the next rarely leaves room for creative thought or knowledge-building, it becomes necessary to find other ways to organically stay in touch with academia. This could even be something as simple as setting aside time to discuss learnings with peers and colleagues.

    You’ve been recognized with awards such as the “Emerging Women’s Leader” award. What do you believe contributed most to your success, both academically and professionally?

    Success in any field in my opinion is largely the product of three things – determination, hard work, and consistency. If you give enough time and commitment to anything you do, success will find you sooner or later. Cliched as that might sound, I can say from personal experience that the formula does work. I had my priorities well-set from a very early age and was highly driven to be good at whatever I did. I knew my strengths and weaknesses well, and I put in as many hours as it took to get the results I wanted. I was also fortunate to have a good support system of family that helped me however they could, especially my parents, my husband and one particular maternal uncle, be it through words of encouragement to inspire me or objective reality-checks to keep me grounded. 

    In your impressive list of publications, you’ve covered topics ranging from tax law to arbitration. Could you highlight one area of law that you’re particularly passionate about and why it matters in today’s legal landscape?

    Although I have written on a variety of matters in the past, they have all largely been the outcome and logical extension of some litigation or advisory opinion that I have rendered. This is an unfortunate reflection of the reality that litigation leaves very little time to focus on other areas of interest.

    That said, if I were to highlight one area of law as my favourite, it would have to be insolvency and bankruptcy law. As an office, we handle matters under the IBC across all forums, from the NCLT up to the Hon’ble Supreme Court of India. This has given us a well-rounded and elaborate perspective in handling complex IBC matters. Our interactions with a variety of stakeholders including shareholders, directors, creditors, resolution professionals / liquidators and others in the system have not only helped us better understand the commercial motivations behind many decisions made in the IBC space, but they have also given us the ability predict with some accuracy the roadblocks in a resolution / liquidation process and plan around them. India’s experience with insolvency and bankruptcy may still be maturing, but I very much look forward to continuing my work in this evolving domain.

    Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are just starting their careers and navigating the legal profession?

    As a first-generation woman lawyer, I was told at various points throughout my journey that the road ahead would be more than a little challenging. When I left my plush corporate job and set out to read for the BCL and thereafter, came back to India to be a full time litigator, there were several well-wishers who gave me similar caveats about the transition to litigation. I can now say with the benefit of hindsight that they were not wrong. There is a lot of struggle and even more uncertainty, especially as an independent practitioner. In my initial years of independent practice, the lack of definite answers like where / when / how will the next brief come if they come and will they pay, were all very unsettling. And very honestly, they still are.

    What I was not told enough however, was how rewarding an experience it is to brave the storm and watch yourself grow into the lawyer you always wanted to be. It is in fact the years of struggle that taught me to trust myself better. I took many leaps of faith, some small and some big, I made mistakes, learned from my mistakes, sought help and gave help where I could, and made it my life’s mission to pursue my dream of becoming a good lawyer. I will take the very fact that I am speaking to you now as proof that all the time and effort put in over the years did pay off. 

    This would be my advice to my future colleagues who are just stepping into the legal profession as well. You have chosen a career full of promise and intrigue. The road to success may be more treacherous for some of you than others, but it will not be easy for anyone. The law truly is a jealous mistress, and will demand all the attention you can give. However, if you give it the attention it deserves, the sky’s the limit. Take the time to introspect and know the direction you wish your career to go, keeping in mind that there always is room to reorient down the line. Once you have this clarity, work with an office that teaches you not just the subject but also the smaller life lessons that will help you in your career. Build a robust network of friends, colleagues, and acquaintances, as the importance of reputation through word-of-mouth cannot be overstated. Last but not the least, never stop learning. There is an ocean of knowledge available at your fingertips – make good use of it.

  • Decades would see more changes in law practice and legal industry in toto, and subsequently jobs would be eliminated- Insha Showkat, Independent Legal Attorney

    Decades would see more changes in law practice and legal industry in toto, and subsequently jobs would be eliminated- Insha Showkat, Independent Legal Attorney

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

    Can you share your journey and tell us what inspired you to pursue a career in law, from your early legal experiences to your current role as a Legal Manager?

    Coming from the land of beauty and chaos, Kashmir, gave me the sense of fair and unfair from my young age. Inherent good of man and fair treatment of societies was embedded in my mind. Growing up amidst military occupation and seeing the happenings had a profound impact on me. It was a confrontation everyday. Certainly that initial inclination for law was instilled right there and other factors played along. I always wanted to understand challenging rhetorical theory, to uncover the truth. World is full of issues that affect all of us across geographies and law touches everything, every facet of a society. My major inkling towards law came from my land, and the prevalent day to day conditions. I was clear about law from a young age as it had me glued to the fairness basis and felt like a just and honourable profession.

    Obviously, an unconventional choice as I came from a traditional business family and in fact, the first one to go to law school from my immediate family. Law came from my upbringing and despite the odds, I was inspired to do my part for an equitable world by becoming the voice of the unheard.  My schooling was done at Mallinson Girls School, Srinagar where I took part in extra curricular activities besides my academics. Being an avid debater, I always had a knack for formulating arguments and enjoyed that part. Being one of the players of the basketball team, I played some matches representing my school at that time. After finishing my school I went to South India, and opted for Bangalore Legal Studies to undertake my five year law course. Five years spent in Bangalore bring back fond memories and I cherish them like always.  During my law school, I lived in the college premises with nine other law school mates. Our dormitory was filled with girls who came from different parts of the country and it gave me a chance to understand nine different mindsets.  Along with enjoying law subjects, I thoroughly took part in the mooting, debating, and legal publications. Besides being rank holder in Constitutional and International Law, I also served as the Editor of our Law School Review, BILS Law Review. Many national and international moot courts were attended for sheer joy of analysing the problem, interpreting laws, drafting the memorials and weaving the argument. My main aim from mooting was to be a better learner, and to think on my feet while simultaneously stimulating and challenging my intellectual curiosity and capabilities. In my third year, I participated in the Bar Council of India International Moot organised by National Law University, Jodhpur along with my moot mates, Siri Roa (Counsel, USA) and Mohammad Azhar-u-ddin (Associate VP, Data Privacy Accenture). The problem was about International Law, Refugee Status and Sovereignty. In our semi final round in which we were pitted against National Law University, Delhi, the other side presented well crafted arguments with excellent oratory skills making such a compelling case. To my utter surprise, I almost got so engrossed by the arguments, that I caught myself in the abyss without the rebuttal points. While the other side was finishing their arguments, I quickly scribbled through pointers and jotted them down. We went for rebuttal over 12 factual and legal issues. To my utter surprise, we made it to the finals and the sitting Punjab Haryana Justice called our team and mentioned the reason for being in finals was “thinking on the foot and coming up with the 12 points”. Mooting tests and enriches one’s appetite for delivering under pressure early on. You take ownership of your calls which lets one reach his/her full potential. Teamwork decides how far a team can go. Two years later, while graduating out from law school, I was awarded ‘Best Mooter’ of Batch, 2012. With time, my passion for law grew and intensified. I am thankful to my mentors from law school who really taught me well.

    In your role at Vipra Legal, you managed litigation and arbitration while providing commercial advisory to various entities. How do you balance the demands of litigation and advisory work in a legal setting, and what were some of the key challenges you faced?

    It’s no secret that practising law is a bit demanding yet fulfilling. It’s not only about the best advice given to the clients but subsequently, to curtail down the risks. One has to step into the owners/ companies point of view to understand the depth of business risks and hence will emerge a balanced solution. Legal advisory has to align to the company’s risk tolerance and goals. Working with Partners to define and articulate each risk and its potential effects on business so decision makers could understand the impact and vulnerability. A top tier client at Vipra Legal was in the middle of a game changer merger wherein we reviewed and drafted exhaustive Commercial Agreements and Non Disclosure Agreements and designed a legal plan/strategy for execution which matched client objectives before putting the right people, tools in place for successful deliverance. You need to understand which task is critical and can convert revenue into profit. Balancing is an art which lawyers learn about from their mentors in the beginning itself and with having multiple clients waiting for the end result, whether a thorough advisory on the issue or an immediate filing and attaining of an injunction or favourable order, one has to prioritize the work and manage it timely.  In a managerial role, besides being up to date on factual scenarios and prevalent law plus the winning strategy of multiple ongoing cases, organizing task progress and team work loads is essential. Challenge of dealing with associates and running the show as a team is where one’s real patience is tested. I would say, a litmus test. Usually, and particularly lawyers don’t like to be managed and hence the perfect workplace can be created by developing a collaboration with high level of trust and openness, communication and engagement.  The tricky part comes in when at times, you have to manage peers who are equal, or even in cases have more experience and here you can’t go into the control mode but rather find that middle balanced ground and be thoughtful of relationships at the firm.

    Your experience at Elevate involved document review and using artificial intelligence for litigation support. Could you explain how AI is changing the legal landscape and what benefits or challenges it brings to the field?

    Legal landscape is shifting more than ever before as Companies look to adapt tools like Artificial Intelligence. Incorporating AI into legal practice drives day to day lives and more importantly, clients have come to accept it from employed firms. Al can make lawyers informed, provide data driven ideas, and above all improve efficiency. In my tenure with Elevate Services, as Senior Associate with Disputes and Investigations, I provided assistance to international Litigation teams of various top tier law firms; Gilbert and Tobin, Latham Watkins LLP, Backer Mckenzie, ReedSmith, DLA Piper, Skaden and many others. End to end legal solutions were provided to the law firms, right from the starting of the early assessment of the case until trial. Summarised chronologies, provided concise legal analysis, drawing up of Contracts, assisted in Due Diligence and weaved legal opinions. Now AI is being used to automate tasks  and drive efficiencies, spurred to cut costs. Elevate is the first Company to join hands with top notch law firm, Gilbert and Tobin for its dominant business model which is a game changer and first of its kind in the legal industry of India.

    With that, a new threat also looms. Law being the lucrative profession is most at the risk of AI advances. Can I be replaced ?!  After all, lawyers are merchants of words for the matter of fact. Decades would see more changes in law practice and legal industry in toto, and subsequently jobs would be eliminated. A research by economists of Goldman Sachs estimated the amount of legal work that would be automated by AI and results are at 44%. I consider myself to be a lifelong learner and we are going to live with this now. The only way lawyers would survive amidst the growing technology is by updating their skillset, by training themselves to understand the most intricate and complex legal issues and pushing forward. One would have no choice but to climb up the skill ladder and stay ahead of technology. Change will come but I guess we are still far as there are thorny issues of Data Privacy, Ethics and conflicting data which we usually term as ‘Hallucinations’ in the world of AI prevalent and still that bridge ought to been gapped. It’s a powerful tool for productivity and we will see it growing as it’s here to stay.

    As a Principal Associate at V Legal Empire, you were involved in a significant arbitration claim. Can you share a specific case or experience that stands out as a highlight of your career, and how did you navigate the complexities of such a high-stakes matter?

    V Legal Empire’s Corporate team represented Russian construction company Mosmetrostroy for an ongoing billion dollar Arbitration claim against the Chennai Government. Strategies and methods were built to deliver the best outcomes. The most critical juncture in the Arbitration –  We helped the client get a favourable order by allowing deposition via video conferencing in a cross examination which didn’t have a precedent of its kind in the Indian Arbitration cases. Application was drafted on strong facts, law and beautifully argued by the Senior Advocate. Quorum was presided over by three arbitrators and Justice AK Sikri allowed the Application keeping in view the complexities of cross border dispute and factual scenario of the case. Partner of the law firm was in Russia briefing the client on the nitty gritties of the cross examination and on the other hand, legal along with technical aspects were ensured by the corporate team on the Indian ground for profitable work. Document management of zillion documents were managed along with regular reporting of work in progress against the budget curtailing the project risks leading to efficiency in a more client oriented way.  At that time, the article “Institutional Arbitration: Emerging need for robust dispute resolution mechanism in India” was co-authored with the Partner of V Legal Empire, Vijjay Mehta. The paper highlighted the need for more organised/ institutionalized based Arbitration with an aim to bring best international arbitration practices to the country. Most successful economies in the world prefer an international arbitration institution which is independent and credible, and enjoys the domestic market. Running of these institutes benefits all the stakeholders – from arbitrators to lawyers to clients, to governments. Significance of reduced number of arbitrations in India was highlighted despite India being a top player in Arbitration.  Stats of SIAC, ICC, HKIAC were brought forth. It was published in Young Arbitration Review, Portugal 2018, Ed29.

    You’ve also worked as a Legal Editor at LexisNexis. What does the role of a legal editor entail, and how does it contribute to the legal community?

    I always remember my tenure with Lexis Nexis with a smile as it changed my perspective on a handful of things. LexisNexis, a United States based legal entity was my first International Corporate exposure and nothing could have been better than being under the guidance of Shilpi Pandita Ganesha (Associate Director) and Shreesh Chandra (Senior Director). One of the brilliant minds I have seen across various legal industries. Advancing the rule of law was the goal and what better than being the last set of eyes before the legal words are seen by the world. Actually, the job is simple: Monday through Friday, meetings in the morning, work on the scripts and contracts the rest of the day and into the night. Working with an International Publishing house is a different league altogether. Goal is always excellence: nothing less. You own your part of the Publishing calendar – you pick the authors (can be from a senior advocate to a judge, sitting judge for all your bad luck, jurist, legal luminary, academician). Calendar is driven by budget so deadlines are quite valuable. Right from the building of calendar, to the inception of the contract, improvisation of the Legal Content, research, analysing the judicial rulings cited. It is a painstaking process to achieve excellence. What I began to understand was that researching and writing legal content honed one’s skill so that mastering law becomes easier and faster. It reinforces that attitude with the unspoken doubt each editor has the intelligence and energy to do a fair job. Besides being responsible for every stage of law publication which involved contracts, content improvement, maintenance of daily communication with clients, also collaboration with leadership, strategy, sales, and marketing was done to ensure quality work. Regular feedback on playbooks and processes took place for smooth functioning of daily operations. One of the projects involved this – Days in a row, weeks, months I visited Professor VC Govindaraj who was living in South Delhi at that point of time. He being in his 90s’ was unable to move much and here we were sitting on random legal drafts to verify the accuracy of a detailed case analysis, Hague Convention on private law, and habitual residence and domicile and obligations for shaping foreign contracts and torts. Former Professor of Delhi University is the master of private international law and much to my relief it was nothing less than sheer joy working on the subject matter of my liking with the master himself. Conflict of laws is an increasingly important subject as now more than ever large numbers of people move through territories. This piece of work provided fresh perspectives on the subject of conflicting laws and analysed its significance in today’s dynamic contemporary world. Based on these meetings, I helped him finish the draft for final approval which finally got published five months later. The sharpness of the jurists mind was unbeatable. As he said, ‘ I want to have my dinner and never get up for morning tea. All I want is to leave behind my traces for the younger generation’. Without a doubt he has already.

    During your tenure as a Judicial Law Clerkship, you provided assistance to a judge and contributed to improving the efficiency of the judiciary. How has your experience as a law clerk influenced your perspective on the legal system?

    My path to clerkship was not something planned earlier. The idea of clerking hadn’t even crossed my mind until two years in Litigation. My career started with the Standing Counsel for the State of Jammu and Kashmir, Mr. Sunil Fernandes. His practice was majorly in the Apex Court of the country and what a commendable hold on the Constitutional Law he has attained. He backs everything up with law references and pure logic. I sometimes used to have casual conversations about the Kashmir issue and his progressive streak would always show. You were right fresh out of college and before the top judges of the country, looking at the famous seniors debating on the constitutionality of the provisions and what not. It was by the end of my two years in litigation that I had made up my mind about judicial clerking and the question now was which court and subsequently, the judge. It was going to be in Delhi High Court and someone on the civil side rooster, I thought as I wanted to get my basics and civil side stronger. Justice Endlaw was known for his rulings and integrity.  A close friend of mine knew Mahfooz Nazki, (Associate Partner, ELP) a Kashmiri Delhi based lawyer (who was with Justice Endlaw’s chambers while he was on bar before getting elevated). I vividly remember my conversation with Mahfooz. ‘He is a good man, but a hard task master’ were his words and aptly so. I put in my application and got called into his chambers. He was sitting at his desk, so deeply engrossed in reading and when he noticed me, right away he shooted, ‘Why do you want to do the clerkship? You have already been in the Supreme Court for two years’ in a very candid demeanour.  To my utter surprise, I was as frank as I could ever be with a sitting High Court Judge. I replied with my actual intentions of getting my basics straightened up. For the initial weeks, I was assigned with the part of observing the Court proceedings and mind you Justice Endlaw can start a random conversation about that one case. The way he thinks about his cases is absolutely stunning – law armoured with reasonability. Research work in his chambers is totally no nonsense business. He remembers his cases so well and to see him recite an old precedent with such an accuracy is unparalleled. He is usually the last judge to leave the High Court premises which is also the reason for his highest disposal rate in Delhi High Court. He maintains that balance of making the chambers lighter with his sense of humour. My probation with him was for three months and then I was termed ‘permanent’. Getting the perspective of a judge, as to how he looks at an issue is paramount. One should try a clerkship early in his days as it will be beneficial for having the correct approach to the case. Office of a judge also teaches you a lot about building trust and confidentiality. Justice Endlaw is a perfect judge to clerk with and it was my good fortune to be in his chambers.

    Looking back on your journey and extensive legal career, what advice would you offer to fresh law graduates who are just starting their careers in the legal profession?

    Remembering what Fali Nariman once said to us in his chambers while briefing him ‘Law is an ocean and if you dive into it, it gets deeper. No one is an expert. We only know of pieces here and there’.  Being open to learning in the field of law is a must as it is a vast domain. Not a profession for the faint hearted. One must do his homework properly and your hard work is going to pay its debt. Read, re read and reflect back. Know your facts and law well before facing the judge. Never be too sure about things as it’s an unpredictable domain, ever evolving. Be very present and have an attention for the minute details. A philanthropist friend of mine describes lawyers as magicians and even, pure specialists, and it cannot be more true in this modern age.  Be humble of your legal journey. Most importantly, among the rich resources of your legal career, probably the most integral part are your mates, colleagues, clerk, your own. Many of them are extraordinary people like you and take time to get to know them. Nurture the relationships. Time goes by too fast and law has a way of pressuring time and, more than often what gets lost in between are those significant ones. Cherish the time and enjoy lawyering ! 

    Get in touch with Insha Showkat-

  • The multi-dimensional folds of this profession have a lot in store for everyone and if you have conviction in your actions then pursue it without any fear or doubt- Malak Bhatt, Advocate-on-Record, Supreme Court of India

    The multi-dimensional folds of this profession have a lot in store for everyone and if you have conviction in your actions then pursue it without any fear or doubt- Malak Bhatt, Advocate-on-Record, Supreme Court of India

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

    Can you share your journey of how you ended up pursuing a career in law, and what led you to specialize in commercial litigation and white-collar crime?

    Being a third generation lawyer, choosing a career in the field of law became a natural progression at the crossroads of life. While I was pursuing a science based professional during my high school, I always remained fascinated with my parents talking about cases at home, how things unfolded in court etc. and as it would turn out, my passion and aptitude for law took over.

    While working at Shardul Amarchand Mangaldas since 2012, my Partner Anuj Berry and I were representing certain clients in large scale litigation and anti-corruption compliances in India for foreign companies. Under his able guidance and together with him, we started working to build the white-collar crime practice as a niche area at SAM. As luck would have it, our in-depth work on the advisory side soon translated into many courts facing white-collar crime matters around 2017-18 when there was a surge of criminal investigations by specialized agencies like CBI, ED and SFIO. Once I branched out to pursue my independent practice, I developed this expertise further and continue to ride the learning curve in this field. What is the most interesting part of white collar crime practice is the inter-sectional dynamics it holds between criminal law on one hand and commercial laws, taxation laws on the other. 

    You completed your B.A., LLB (Hons.) from NALSAR University of Law and later pursued a Bachelor of Civil Laws from the University of Oxford. How did these academic experiences shape your perspective and approach to practicing law?

    I believe the holistic course structure at NALSAR and the increasing importance given to procedural laws really helped in shaping my understanding of the court processes. One always found these subjects boring in class – however, once I got into active practice, the realization dawned soon that the foundational stone for easing out court related process and practices was set through these subjects taught phenomenally well at NALSAR. As a word of advice, I always harp on the fact that one must always pay utmost attention to the finer details of our procedural laws – the CPC, CrPC, Evidence Act etc., which are the heart and mind for a career in litigation.

    Coupled with this, the Socratic method of teaching at Oxford really instilled the practice of self-reading, analysis of finer details and most importantly, joining the dots across subjects – a key aspect which one should practice when it comes to a court case.

    You’ve been recognized as a “Rising Star” by Legal 500 in the Asia Pacific Region for White Collar Crime Practice. Could you tell us about one of your most challenging or high-profile white-collar crime cases, and how you navigated the complexities of such cases?

    Undoubtedly, the most challenging case was the investigations being conducted by multiple agencies into the affairs of Frost International Limited and its group companies. What later turned out to be one of the biggest cases – started with 3 different agencies probing the companies on the same set of facts. We were faced with several complex legal issues – such as whether different agencies could look into the same transactions for alleging different offences under special statutes, what would be the evidentiary value of a one sided forensic audit, whether a counter audit would be a plausible defence at the investigation stage itself. Faced with these complex questions, our team was able to ably navigate through these issues with a 3 step simple approach – (i) break down the issue and assess the answer from a first principles perspective (ii) a textbook approach may not always work in niche situations which the law would otherwise not have contemplated – think out of the box when the situation requires (iii) always keep the fundamental rights of the persons facing investigation at the forefront. Since liberty remains at stake in such cases – prompt action and immediate responses are key.

    Your career includes a role as a Panel Counsel for the High Court of Gujarat to represent at the Supreme Court. How has this experience informed your understanding of the judicial process, and what unique challenges does representing a high court at the apex court pose?

    Representing a High Court is the most valuable and honourable experience one can get. Time and again the Supreme Court has reiterated that the High Courts are no subordinate courts – they are equal constitutional courts as the Supreme Court. To appear on behalf of the High Court requires a lot of preparation and is a position of very high responsibility. At times, the High Court is required to take an adversarial stand, in some cases it may not. It is my role and responsibility to assess the High Court’s position for an effective representation before the Supreme Court. 

    You’ve advised and represented multinational companies in litigation proceedings before the Supreme Court and High Courts. Could you share a memorable case where your legal expertise made a significant impact on the final outcome?

    One of the most significant and interesting cases I worked on was the case of Neeharika Infrastructure Pvt. Limited v. State of Maharashtra, which is now a landmark reported judgment. The Supreme Court was faced with a very interesting, yet peculiar question of law – can the High Court give protection to accused while hearing petitions under S. 482 CrPC and in what cases can the trials/investigations be stayed. Knowing that Mr. K.V. Vishwanathan (as he then was before Lordship’s elevation as a Judge of Supreme Court) will be arguing for the Petitioner, I knew my preparation had to be top notch and very detailed. Appearing for the private Respondent in the case, I presented a detailed comparative approach on how this issue had been addressed not only by High Courts, but also by other foreign jurisdictions having similar provisions. The bench was very accommodative and patient during arguments – which really helped me in arguing full length before the Supreme Court. Albeit having lost the matter, it was a great experience which really helped me at the preparation stage of the matter, a practice which I now adopt in all matters.

    Your involvement with organizations like the ICC Young Arbitrators’ Group and the Oxford Cambridge Society of India showcases your commitment to professional growth. How have these affiliations enriched your legal career and influenced your approach to the law?

    Man is a social animal. A lawyer is “social-er”. Our interactions with other members of the society, our intersections with people across other forums, professional and walks of life shapes our outlook and understanding of law. Being a member of these bodies and actively participating in the events has really developed my understanding of one very basic fact – there may be different approaches to the same set of facts and a lawyer’s appreciation of this helps immensely in setting out preparing for a court case.

    As someone who has successfully represented both companies and individuals, what advice do you have for aspiring lawyers seeking a balance between providing effective representation and upholding ethical standards?

    A career in litigation is a steep slope. Gestation periods are high, rewards are initially low and recognition is seldom easy at an early stage. However, my only advice to young lawyers on this difficult path would be not to lose hope or your passion for law. Easy money is easy for a reason – but reputation and recognition is for those who persevere. Never let down your guard when it comes to maintaining the ethics of this noble profession. I echo the words of the one I look upto, Mr. Mukul Rohatgi– don’t count the hours you put in as a young lawyer.

    Lastly, what advice would you give to fresh law graduates who are about to embark on their legal careers, especially considering the evolving landscape of the legal industry?

    The field of law is ever expansive , inclusive and experimental. At the crossroads of choosing what to do, you will always get the conventional options and yet some new avenues which may not only interest you, but may be the path of your passion. Do not ever hesitate to try something new in the field of law. The multi-dimensional folds of this profession have a lot in store for everyone and if you have conviction in your actions then pursue it without any fear or doubt.

  • After spending reasonable time on all the preparation, it is equally important to sleep peacefully within time and appear with a calm mind without trying to attach any emotions to your client/matter-Divanshu Gupta, Advocate, Rajasthan High Court

    After spending reasonable time on all the preparation, it is equally important to sleep peacefully within time and appear with a calm mind without trying to attach any emotions to your client/matter-Divanshu Gupta, Advocate, Rajasthan High Court

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

    Can you tell us about your journey into the field of law? What inspired you to pursue a career in this field?

    I am a first generation lawyer with no lawyer in the immediate or distant family. I appeared for my 12th standard examination and parallel competitive entrance exams in 2009. I belong to a generation where the traditional career choices of medicine/engineering had just begun to phase out and emerging career choices like law, arts, actuarial science etc. had begun to phase in. Like many others, I was preparing for engineering entrance exams and used to study law/law entrance during my free time or just as a back up. Incidentally, all the law entrance exams were scheduled after all the engineering entrance exams. I could take out time and focus on the same. The one thing which intrigued me the most about law entrance was – how the overall subject was technical on one hand and yet so narrative like a story book on the other hand. I could relate very well to this unique sort of intersection.  

    You’ve had a diverse career, starting with working for a prominent law firm and now running your own law chambers in Jaipur. How did you decide to transition into independent practice?

    At and around the time I graduated, GNLU was one of the (and continues to be) most sought after institution for recruitment by top tier law firms from India and abroad. I too was one of the many candidates who wanted to be a part of this ‘to be hired bunch’. A position with a top tier transactional law firm brought much required and sought after financial comfort, peace and stability. However, the work was far away from how one traditionally perceives the practice of law, be it a layman or a lawyer. It was away from reading and understanding latest case laws, working on matters before the courts or even going to courts. Everytime I had an opportunity to visit any court or do anything related, it would bring in some natural excitement and eagerness. Untill I transitioned to independent practice, I realized that this was my calling which I had been ignoring forever due to different reasons. I first transitioned by shifting from transactional law practice to litigation practice within the same firm. Since I was already more than 4 years old in Bombay, I then considered where did I want to be in the long run. At the same time, I could see Jaipur (my hometown) continuing to grow as an emerging metro city. Many of my knowns/seniors were satisfied with litigation and overall career opportunities over here in the legal field. I did a detailed survey of lawyers and opportunities in the city and luckily some of them were kind enough to give me a holistic and unbiased picture of what law-life here is going to be like. I found this platform to be more full of opportunities without any compromise in scope of learning and exposure. After quitting my job at CAM in January 2019, I started with my practice in Jaipur in April 2019.      

    During your time with Cyril Amarchand Mangaldas, you worked on project finance and later diversified into dispute resolution. How did this experience shape your legal perspective and approach?

    For all transactional law lawyers, they say that one should have working knowledge of litigation. And I feel the same other way round for litigation lawyers as well. Since the time I shifted untill now, my overall understanding of finance/transactional law continues to aid me day in and day out in ways more than one. So many litigation/legal issues these days stem from some or the other kind of emerging and complicated financial structure. In such a situation, one needs to be very adaptive to first understand the complex arrangement himself and then being able to break it down in a manner before the concerned forum that it becomes inclined to grant your client the desired relief within reasonable time.     

    It’s impressive to see the range of entities you currently represent as their empaneled advocate in Rajasthan. Can you share some of the highlights of your work with these organizations?

    A lot of the entitles of which I am a panel lawyer, are government bodies/corporations. In my limited experience and exposure, the case of such entities is often strong on paper but usually not properly represented. Many such cases relate to projects of public importance involving public money. Given the opportunity, I always try my best to deep dive into the entire case bunch/file such that false/frivolous claims, if any, are not allowed and what should remain for adjudication is the actual genuine claim. The work usually involves arbitration matters arising out commercial contracts, writ jurisdiction work arising out of service law issues, matters before the consumer forum etc.

    Dealing with complex legal issues to find simple solutions is an intriguing approach. Could you share an example of a particularly challenging case you worked on and how you managed to simplify the legal complexities for your client?

    As part of project finance practice, one works on lot of financing documents like – loan, guarantee, mortgage, pledge etc. many of which find their roots in the Indian Contract Act, 1872. I had drafted and negotiated these documents extensively for almost 4 years. Cut to 2022, I was dealing with a case of a widow lady ousted from her home by the lender bank on account of being a defaulting guarantor in a loan arrangement. While under general principles of contract law, it possibly appeared to be the right thing to do by the bank, however, her legal arrangement fell within the purview of the Rajasthan Cooperative Societies Act, 2001 which created an exception to the general rule of subrogation/co-extensive liability (Section 128 of the Contract Act) – i.e. recovery from the guarantor could only have been done after exhausting recovery mechanisms against the borrower. This is how my overall experience at a law firm doing financing documents day in and day out came in handy and based on this one point itself, we could secure back the possession of the house of our client.

    Apart from your legal practice, you also provide training for law students in various areas. What motivates you to engage in academic activities, and how do you balance them with your legal practice?

    As a law student and even before that in school, I always faced issues with respect to proper practical guidance – especially on things not available in any books or the internet. What motivates me to engage in academic activities is to eliminate fear and anxiety within then student/graduate community to take up new challenges/roles. Law for everyone including students should be a tool and not a mystery. Whenever I feel saturated or worked up with my regular legal work, it is actually the work of legal training which keeps me motivated and going.

    As a successful advocate, you have valuable experience appearing before different courts and tribunals. What advice would you give to young law graduates who aspire to excel in litigation and advocacy?

    Thoroughness in everything in my view matters a lot in litigation and advocacy. However, you cannot allow the perfect to be the enemy of good (something which I also recently learned from my father). One will never feel prepared enough to appear for any kind of matter. After spending reasonable time on all the preparation, it is equally important to sleep peacefully within time and appear with a calm mind without trying to attach any emotions to your client/matter (easier said than done). The more objective your approach would be, the more you’ll be at peace leading to overall positive legal consequences.

    Your journey seems to have taken you to various cities and law firms through internships. How did these internships contribute to your growth as a lawyer, and what key lessons did you learn from these experiences?

    My internships formed the backbone of what I should be like an actual lawyer – whether it was dressing, appearance, the way I spoke, ate, walked, responded, client dealing, file management, email writing and any and everything. All of these internships were a lot about observing minutely and learning how to keep calm at the time of legal chaos, urgencies and short deadlines. Everything which an intern does or is asked to do, should not be treated as unimportant or miniscule. Every single piece of such delegated work matters to the core and can have positive/negative irreversible consequences on any matter.

    Could you share some insights into the legal landscape in Rajasthan and the unique challenges and opportunities it presents for legal practitioners?

    One unique thing about legal practice in Rajasthan which I personally like dealing with is that the practice is not dominated by one particular kind of matters/lawyers – lets say banking, service law, electricity, start ups etc. and at the same time does not allow you to maintain that kind of approach. There is available work and clientele of diverse fields which one needs to tap, be it out of choice or compulsion. Similarly, there are both young as well as experienced senior lawyers in the market, contributing to the system at large in their own unique manner. Rajasthan, being at the pinnacle of renewable energy in the country continues to offer plenty of opportunities in the area of electricity law. In terms of challenges, there are many fora which continue to work in hindi pleadings, ordersheets and arguments. While it is not a challenge for seasoned lawyers, but could possibly be a challenge for lawyers fresh out of university.

    Running your law chambers must have its own set of challenges and rewards. What are some of the most fulfilling aspects of having your own practice, and how do you navigate the complexities of managing a legal firm?

    Being your own boss is the most fulfilling as well the most challenging aspect at the threshold. There is no office/firm if you are not there in the first place either by being physically present or in form of conducting daily review meetings/discussions. As a chamber practitioner, work flows down the in the hierarchy only from a single point of contact, i.e. myself. In such times, you ought to be constantly available for resolving queries of interns and associates, queries posed by a judge in court and kept for the next day, meeting and closing deals with new clients for upcoming legal work, focusing on your own legal and overall growth, taking out time to finish complicated drafting exercises, ensuring that the same gets filed without exceeding the limitation period and so on. Ultimately, the chain of command flows from you and everything which goes wrong, the buck stops at you. This is both challenging and yet enjoyable at the same time. It keeps you on your toes always, tires you out but doesn’t ever make you feel redundant – and that in my view is the silver lining. You only grow and every bad or unfortunate incident is a learning experience. This becomes most challenging when suddenly you have to deal with a legal issue you have never dealt before. The issue is not that much with legal skill but rather with the short span of time in which you have to resolve it out. In such a scenario, all your previous experiences of being a cucumber in chaos come in handy, you spoil some and you learn from some.  

    In your experience, what are some of the critical skills or qualities that young lawyers should focus on developing to build a successful legal career?

    Patience, is not a new answer to this question. Additionally, irrespective of whether someone is in litigation, transaction or anywhere else, being well read, thorough, being able to listen more and speak less (or only when it is required), not allowing a situation to overpower your senses, demeanor, being able to manage your temper, being slightly overprepared and most importantly – being responsive and not reactive to people as well as situations are the critical skills that young lawyers should focus on developing.

    Finally, considering your journey from a young law graduate to an established advocate and legal consultant, what advice would you like to give to fresh graduates who are about to step into the legal profession?

    I would tell them and rather clarify – I continue to establish myself and we all are sailing in the same boat. It’s just that our journeys began at different points of time. The moment one starts feeling that he/she has established himself at any point of time is the moment that you have slipped into some or the other kind of comfort zone. Don’t let that happen to you. As they say, if you are the smartest in your class, you are in the wrong class. One should try to be in company of people or lawyers where there is always something new to learn. There is no dearth of legal opportunities in the market. There are so many people literally craving for the right legal advice, don’t disappoint or misguide or play around with them. I am not telling you to work for free, after all we all have to first feed ourselves and then only we can feed the law. But, don’t take up a particular legal assignment or case only for the money and at the same time don’t abandon one because of money. There will always be some or the other kind of compromise. So, see accordingly where your sense of judgment takes you as everything you’d do as part of your daily work – drafting, research, arguing, filing, marketing yourself, you’ll always find yourself amidst a set of choices or options. Exercise your choices carefully but don’t be hesitant in doing that. Lastly, if you have 60% positive inclination towards doing a particular thing or making a choice and 40% negative, do go for it as not every time one can have 100% clarity or instinct with respect to everything.   

    Get in touch with Divanshu Gupta-

  • No doubt specialization is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view- Saurabh Seth, Independent Counsel at Chambers of Saurabh Seth

    No doubt specialization is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view- Saurabh Seth, Independent Counsel at Chambers of Saurabh Seth

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

    Can you share with us your journey and what inspired you to pursue a career in law?

    I come from a family of lawyers, which cemented my interest in the legal profession. From a very young age I was sure that I wanted to pursue law as a career. The more I learned about the law, the more I realized its potential to bring about meaningful change.

    Right after law school I took the conscious decision of not joining my family’s corporate firm and ventured into litigation, which I have found to be my true calling and passion.

    I have been fortunate enough to have been mentored by the brightest legal minds in the fraternity who have shaped me into a confident young litigator. I look forward to reaching the pinnacle of success and mentoring the next generation of lawyers as I have been mentored by my seniors.

    With 15 years of extensive experience, you’ve established a stellar reputation in the legal field. Could you tell us about the most challenging case you’ve worked on and the outcome you achieved?

    I have been extremely fortunate to have worked on a wide range of matters in my career, and the experience I have gained while doing this is invaluable. While every case one argues is close to the heart, but one case that stands out is the Delhi University photocopy matter.

    I was representing the photocopier in the matter against the might of international publishers. It was truly a David and Goliath story. Justice Endlaw ruled in our favour holding that the right to photocopy was ‘fair use’ under the Copyright Act. The impact that the judgment had on the students throughout the country and the education system in India has been immeasurable.

    I vividly remember the day the judgment was pronounced. There were scenes of jubilation outside the court room. It was a very emotional and proud moment for me. The impact that the judgment had on the education system is immense.

    You have a comprehensive understanding of various areas of law, including civil, commercial, arbitration, and white-collar crimes. How do you manage to maintain such a diverse legal practice effectively?

    In today’s day and age, there is a huge focus on specialization. No doubt specialisation is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view. In my opinion, you cannot limit yourself to one area of law, in view of the complexity of disputes these days.

    As counsels were are exposed to a wide variety of matters, which hone your skills in different areas of law. One needs to constantly learn and adapt to different matters. This is very challenging, but is equally rewarding as well.  I personally feel that once your fundamentals are clear, combined with knowledge of procedural aspects, you can easily adapt to any area of law, be it civil or on the criminal side.

    You’ve been appointed as an arbitrator in numerous cases. What are the unique challenges and responsibilities that come with this role, and how do you ensure fair and efficient dispute resolution?

    Being appointed as an arbitrator carries distinct challenges and responsibilities. One key challenge is maintaining impartiality and neutrality throughout the arbitration process. This involves avoiding any conflicts of interest and ensuring that both parties have an equal opportunity to present their case.

    To ensure fair and efficient dispute resolution, I stay well-versed in the relevant laws and regulations, enabling me to interpret contracts, assess evidence, and make informed, legally sound decisions. Additionally, I actively encourage settlement discussions when appropriate.

    In addition to your legal practice, you’ve also written several articles and publications. How does your commitment to sharing legal knowledge benefit the legal community as a whole?

    I have a passion for writing, and I strongly feel that sharing knowledge and research through articles benefits the legal community greatly. In my view, it fosters a culture of continuous learning within the legal community. Sharing insights and expertise through articles and publications allows fellow legal professionals and clients to access valuable information, stay updated on legal developments, and explore innovative approaches to legal issues. This exchange of knowledge contributes to the growth and improvement of the legal profession as a whole.

    Furthermore, it helps build trust and credibility. Clients and peers often view lawyers who actively contribute to legal literature as authorities in their field. This trust enhances one’s professional reputation and encourages clients to seek my counsel and representation, knowing that I am committed to staying at the forefront of legal knowledge.

    Lastly, what advice would you like to give to fresh law graduates who are just starting their careers in the legal field?

    My advice to fresh law graduates can be summed up in two key points. Firstly, never stop learning. The legal field is dynamic, so continuously update your knowledge through courses, seminars, and reading. Secondly, seek mentorship from experienced lawyers, as their guidance can significantly accelerate your growth. These principles will help you build a successful and fulfilling legal career.

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