Super Lawyer

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  • Building a reputation for integrity and professionalism is essential for establishing a successful legal career- Pratik Pawar, Partner, at J. Sagar Associates

    Building a reputation for integrity and professionalism is essential for establishing a successful legal career- Pratik Pawar, Partner, at J. Sagar Associates

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

    Can you tell us about your journey and how you ended up practicing law with a focus on litigation and alternative dispute resolution?

    My journey in the legal profession has been deeply influenced by the inspiring example of my father, an esteemed and hardworking advocate in his own right. Witnessing his dedication and success in representing clients from diverse backgrounds before the courts instilled in me a profound interest in litigation from an early age.

    I believe my foundation in law was laid through observing my father’s work, engaging in discussions with him about courtroom strategies, and purely out of curiosity reading pleadings and cross-examination notes prepared by him. These formative experiences fostered a natural inclination towards litigation and reinforced my determination to follow in his footsteps and practice as a litigator.

    During my time at law school, I pursued internships and opportunities that allowed me to gain hands-on experience in the world of litigation. One significant association was with the law firm M/s Shaunak Satpute & Co., renowned for its expertise in representing clients before various courts and tribunals. As an intern and later as an associate with this distinguished firm, I had the privilege of drafting pleadings, handling ancillary court documents, and independently arguing cases in front of the judiciary. The guidance and mentorship of Mr. Satpute, a seasoned legal professional, played a pivotal role in honing my skills and bolstering my confidence. I am immensely grateful for the platform provided by M/s Shaunak Satpute & Co., as it equipped me with the necessary skill set and fortitude to build a fulfilling career in litigation.

    My journey as a litigator has been shaped by a passion for justice, a dedication to the legal profession, the invaluable lessons learned from my father coupled with the emotional urge to follow his footsteps and esteemed mentors and guiding forces like Mr. Shaunak Satpute, Mrs.  Zia Mody and Mr. Farhad Sorabjee throughout my career. 

    You’ve had extensive experience representing clients before various courts and tribunals in India, including the Supreme Court and different High Courts. What attracted you to this area of law and how did you become involved in such diverse and complex cases?

    Indeed, the allure of litigation lies in the profound opportunity to champion our clients’ causes and seek justice before the courts. I firmly believe that advocacy in the courtroom is the heart and soul of our profession, and it is this conviction that drew me to this area of law.

    Litigation is akin to a captivating game of chess, where strategic thinking, extensive research, and meticulous preparation are paramount. The thrill of pleading one’s case before the court is matched only by the satisfaction of crafting compelling arguments and presenting them effectively. Each case presents its unique challenges, requiring a keen understanding of the law and a proactive approach to anticipate the opposing party’s moves.

    After my tenure at M/s. Shaunak Satpute & Co., I had the invaluable opportunity to join AZB and Partners, a prominent law firm in India, where I had the privilege of working closely with Mrs. Zia Mody. This experience exposed me to complex and diverse litigations and arbitrations, including high-stakes disputes involving public trusts, international commercial arbitrations, and fiercely contested corporate disputes.

    Under the mentorship of Mrs. Zia Mody, I honed my skills and cultivated a never-say-die attitude. Over the course of my six years at AZB, I had the privilege of representing clients in matters before the Bombay High Court and the Supreme Court of India. Several of these landmark cases resulted in reported judgments, which further underscored the depth and complexity of the matters I handled. 

    Followed by my stint at AZB, I have been working with JSA as their disputes partner for last eleven years where I have continued to handle and lead high-value and intricate cases before various Courts, and fora.  At JSA I have had the opportunity of advising and representing diverse clients in arbitration proceedings both, domestic and international. This continued exposure at JSA has equipped me with the confidence and acumen necessary to navigate any challenge, no matter how intricate or critical. JSA has also provided me with the platform and independence to expand my practise in diverse areas of corporate & commercial disputes, as well as matters pertaining to Media & Entertainment law which include contentious matters pertaining to copyright infringements in cinematographic films, disputes pertaining to rights in a cinematographic film, legal opinions on copyright infringement, advertising standards, disparagement, advisory and documentation in relation to assignments of rights in a cinematographic film. This has shaped me into a seasoned litigator, capable of representing our clients’ interests with unwavering dedication and a commitment to excellence. 

    The field of law can be quite challenging and demanding. Could you share some of the most memorable or impactful cases you’ve handled throughout your career?

    I must admit that the field of law is indeed dynamic and presents a constant stream of challenges. Throughout my career, I have had the privilege of handling numerous impactful cases, each with its own unique set of facts and complexities.

    Among the most memorable and impactful cases was a dispute between two joint venture partners, which epitomized a classic shareholder’s dispute. This matter demanded urgent applications for interim relief, requiring my team to employ strategic foresight and navigate potential countermeasures. The late-night counsel conferences and rigorous internal discussions to chart the best course for our client were defining moments. Ultimately, achieving a favourable outcome in that matter remains a cherished and highly instructive experience for me as a litigator.

    Another significant case involved a contractual dispute between our client, a renowned software company, and a formidable counterparty engaged in the travel and tourism business. The counterparty resisted the appointment of an arbitrator and opposed Section 11 proceedings all the way to the Supreme Court. The complex arguments presented by both sides during the Section 11 proceedings at the High Court and the Supreme Court culminated in reported judgments in favour of our client.

    Adding a unique twist to the case, the arbitrator initially appointed by the Court on behalf of the counterparty recused himself, leading to the counterparty’s attempt to appoint an arbitrator of its choice after forfeiting its right to do so initially. My team successfully filed an application opposing this appointment, contending that the counterparty had relinquished its right and, given that the court had appointed the original arbitrator, only the court could appoint the replacement. This application, too, was contested vigorously before the High Court and the Supreme Court, ultimately resulting in a favourable judgment for our client.

    These cases exemplify the essence of practicing law, where relentless dedication, strategic acumen, and profound legal knowledge converge to secure the best possible outcomes for our clients. I take immense pride in leading our firm’s talented team to handle such impactful cases and provide exceptional legal representation to our valued clients.

    In your profile, you mentioned advising and representing clients in international arbitrations. How does the approach to international arbitration differ from domestic ones, and what are the unique challenges you face in cross-border disputes?

    Here, I must underscore that international arbitration stands apart from domestic proceedings due to its unique complexities and considerations. When dealing with cross-border disputes, we approach the process with careful attention to the applicable law governing the contract and the rules governing the arbitral proceedings. Given that, wherever necessary, engaging a local counsel or law firm specializing in the relevant law ensures sound legal advice and accurate contract interpretation, enhancing the overall effectiveness of the representation.

    One key distinction in international arbitration is the approach to discovery. The process of requesting and objecting to document production differs in form and practice compared to domestic arbitrations. Therefore, I along with my team adopt a tailored approach to address these nuanced aspects while representing our clients in international arbitrations.

    Cross-border disputes present distinct challenges, notably the fixed time frames allotted for conducting cross-examinations and advancing arguments. Adequate preparation is essential, and we meticulously adhere to time limits for cross-examination of witnesses and oral arguments. To ensure optimal performance, we conduct mock trials in advance of the hearings.

    Additionally, enforcement of foreign awards poses another challenge in cross-border disputes. My team remains vigilant in navigating the intricacies of enforcing such awards, employing our expertise to protect our clients’ interests throughout the process.

    White-collar criminal proceedings and investigations are another significant part of your practice. What drew you to this particular area of law, and how do you navigate the complexities of representing clients in such cases?

    My journey in the legal profession has been marked by versatility and adaptability. As a young litigator, I embraced the responsibility of handling both civil and criminal matters, as it was expected of me to be well-rounded in my practice. This early exposure to a diverse range of litigation mandates allowed me to develop a comprehensive skill set, enabling me to adeptly represent clients in various legal arenas.

    In recent times, the boundaries between civil and criminal proceedings have become less distinct. Commercial transactions can often lead to disputes where parties find themselves embroiled in parallel civil and criminal proceedings. Consequently, my team and I frequently find ourselves representing clients in both civil and criminal matters arising from the same transaction.

    Handling criminal proceedings and investigations demands agility and quick thinking. As we strategize, decisions must be made swiftly, always keeping in mind the imperative of minimizing risk exposure for our clients. Though it can be a demanding and sometimes stressful process, the adrenaline rush of navigating criminal cases is truly unmatched.

    To successfully navigate the complexities inherent in criminal matters, we place paramount importance on understanding the client’s perspective and the transaction at hand. Formulating a clear strategy, including anticipatory bail or bail applications, becomes essential in such cases. We also ensure that our clients are fully informed of the merits of their case, based on the charges they are facing. Sensitizing clients to the realities of the situation and emphasizing the significance of cooperating with the authorities during investigations are vital aspects of our counsel.

    When handling criminal matters for our corporate clients, we understand that certain criminal actions may be initiated as pressure tactics and may not necessarily warrant prosecution. Despite the frustration that may arise during such processes, I guide my clients through effective counter steps and actions to address these proceedings, always prioritizing their liberty and best interests.

    Your media and entertainment practice involves dealing with copyright infringements, film rights, and advertising standards. What are some of the key issues and legal nuances that arise in this area, and how do you protect your clients’ interests effectively?

    I happen to be acutely aware of the key issues and legal nuances that arise in this dynamic area of practice. Copyright infringement claims pertaining to film scripts, exclusive event photographs, and well-known trademarks, as well as cases involving comparative advertising, are among the prominent challenges faced in the realm of intellectual property. Over the years there has also been an increasing trend in matters concerning alleged copyright infringements at inter-office/corporate musical events.  

    To effectively protect the interests of our clients, we employ a comprehensive approach that begins with issuing cease and desist notices to parties infringing upon our clients’ IP rights. When necessary, we swiftly initiate appropriate legal actions seeking urgent ad-interim reliefs, which may include seeking injunctions or other forms of emergency relief. In certain cases, we also take recourse to initiating criminal proceedings under the relevant statutes to safeguard our clients’ rights under the trademarks act.

    In addition to our vigilant efforts in enforcing IP rights, I provide strategic advice to clients on matters concerning comparative advertisement, ensuring compliance with the Advertising Standards Council of India (ASCI) rules. Keeping abreast of evolving guidelines on misleading advertisement, we counsel our clients on adhering to the most recent regulatory standards to minimize legal risks.

    In a world where the media and entertainment landscape is constantly evolving, we pride ourselves on offering tailored legal solutions that safeguard our clients’ creative works, brand identities, and commercial interests. 

    Throughout your career, you’ve advised clients from various industries and regions. How do you stay updated with the ever-changing legal landscape, especially in the international arena?

    As a dedicated legal professional, I recognize the imperative of continuous learning to navigate the ever-changing legal landscape effectively. Staying updated with the latest legal developments, both domestically and internationally, is a top priority in my practice.

    To keep abreast of the dynamic legal landscape in India, I diligently monitor any amendments to statutes and the introduction of new legislative regimes. Additionally, I remain vigilant in tracking important judgments in my practice area, discussing them with my team to ensure we stay well-informed.

    Furthermore, being aware of the latest trends and practices in various industries where I advise clients is essential. This knowledge enables me to offer well-rounded and strategic legal counsel tailored to their specific needs.

    In the international arena, I would be remiss if I didn’t mention the multiple opportunities provided to me by my Partner Mr. Farhad Sorabjee to meet and interact with lawyers across international jurisdictions. I have been blessed to meet legal luminaries across the globe and speak in webinars and conferences on legal trends in these jurisdictions and build strong connections across borders. I also subscribe to newsletters and publications from reputable sources in various jurisdictions to maintain an up-to-date understanding of international legal developments.

    As a seasoned practitioner, I firmly believe that continuous reading and learning are indispensable for any successful legal professional. The commitment to being a lifelong student of the law allows me to provide the highest level of legal representation to clients from diverse industries and regions.

    Could you share a particularly challenging case you’ve worked on and how you were able to find a successful resolution for your client?

    One of the most demanding and distinctive cases in my career involved a representative suit filed against my clients during the challenging period of the Covid-19 pandemic when the Bombay High Court was functioning exclusively in a virtual manner. This case was particularly notable as it was the first matter taken up for final hearing and adjudicated virtually by the Bombay High Court, entailing extensive volumes of pleadings filed online by both parties.

    In this matter, two former employees of my client initiated a Representative Suit along with an Interim Application on behalf of 256 ex-employees before the Bombay High Court, seeking a stay on my client’s discontinuation of premium payments for medical insurance coverage. My team and I represented and defended the Company in these proceedings, which presented intricate legal issues involving the grant of mandatory injunctions and the application of promissory estoppel in India. Additionally, the court deliberated at length on the impact of the Covid-19 pandemic on the cessation of premium payments during an extensive online hearing. 

    The outcome of this complex case proved successful for our client. The Single Judge of the Bombay High Court dismissed the Interim Application, upholding our client’s position, and observing that while Covid-19 had indeed affected both individuals and companies, it could not serve as a ground to bypass the standard legal requirements for the grant of mandatory injunctions.

    The ex-employees filed an appeal before the Division Bench of the Bombay High Court, which, too, was subsequently dismissed, affirming the favourable outcome for our client.

    The proceedings of this case were marked by the unique experience of filing comprehensive pleadings online and conducting a final hearing of a complex matter virtually. The challenges posed by this novel approach to litigation underscored the adaptability and resilience of my team. Ultimately, the successful resolution of this case stands as a testament to our unwavering commitment to diligently represent our clients’ interests, even in unprecedented and challenging circumstances.

    As a seasoned attorney, what are the most valuable lessons you’ve learned from your experiences in the legal profession?

    Throughout my extensive journey in the legal profession, I have gained invaluable insights and learned several key lessons that have shaped my approach as an attorney. These lessons can be summarized as follows:

    • Patience and focus are essential virtues in the legal profession. Rather than seeking immediate results, I have learned the value of staying committed to the long-term goals of my clients, meticulously working towards achieving favourable outcomes.
    • In the dynamic world of law, learning is a perpetual process. Each case and every interaction with colleagues and mentors provide opportunities for growth and knowledge enrichment. I firmly believe that the willingness to learn and adapt is a hallmark of a successful legal professional.
    • Throughout my career, I have been fortunate to receive guidance from seasoned mentors. The wisdom imparted, whether through direct teachings or subtle corrections to my work, has left a lasting impact on my approach to legal practice.
    • Regardless of the nature of a court appearance or meeting, I have learned the importance of thorough preparation. Even when seeking an adjournment, being well-prepared demonstrates professionalism and respect for the judicial process.
    • As a legal practitioner, my primary duty is to my clients. I have learned to provide them with candid and honest assessments of their cases, ensuring that they have a realistic understanding of their situation and the potential outcomes. This approach fosters trust and enables clients to make informed decisions.

    Considering your extensive experience and expertise, what advice would you like to give to fresh law graduates who are just starting their legal careers?

    To the aspiring young law graduates embarking on their legal careers, I offer the following advice, drawing upon my own experiences in the field:

    • In the pursuit of a career in litigation, it is crucial to develop a strong foundation by learning the fundamentals of litigation practice. Familiarize yourself with the process of filing a matter, addressing office objections, and understanding court procedures. Embrace the basics, as they form the bedrock of your growth as a litigator.
    • Spend time in court observing experienced counsel argue their cases. Take note of the principles of law they cite, their approach to presenting arguments, and how they handle interactions with the judges. Observing seasoned practitioners will provide invaluable insights into the intricacies of court craft.
    • Entering the legal profession may seem overwhelming at first, as the practical aspects of litigation can differ from the theoretical knowledge imparted in law school. Be patient and recognize that success in this field requires perseverance and dedication. Embrace the learning curve, and with hard work and sincerity, you will gradually find your footing.
    • As you gain experience, strive to develop a holistic approach to litigation. Understand that legal practice is not solely about arguing cases but also encompasses diligent research, drafting persuasive pleadings, and mastering the art of negotiation and settlement.
    • Uphold the highest standards of professionalism and ethical conduct in all your interactions. Building a reputation for integrity and professionalism is essential for establishing a successful legal career.
    • The legal profession is ever evolving, with new laws and precedents shaping the landscape. Therefore, commit to lifelong learning and stay updated with legal developments to provide the best possible representation to your clients.
    • Be patient.

    Get in touch with Pratik Pawar-

  • Archana Tewary, Partner, J. Sagar Associates, Bangalore on managing time between work and motherhood

    Archana Tewary, Partner, J. Sagar Associates, Bangalore on managing time between work and motherhood

    Archana Tewary graduated from University Law College, Bangalore University in 2008. Being a very vocal, communicative person with a strong sense of fairness, Archana always knew law was her true calling in life. Back in college she had a great fascination for company law which led her to become a corporate lawyer.

    She worked at Crawford Bayley & Co. with Mr. Sanjay Asher for the first few years of her career and then joined JSA after moving to Bangalore post her marriage. Currently, she is a Partner at the firm and works in private equity, mergers, acquisitions and general corporate work.

    In this Interview, Archana shares her insights with Rounak Biswas of SLS, Pune on the topics raised by Shafina Salahuddin.

    • Her role and responsibility as a Partner at J. Sagar Associates
    • The importance of internships during law school
    • Maintaining work life balance

     

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I am a corporate Lawyer and a partner with JSA, Bangalore. I would also describe myself (in no particular order) as a mother, bookworm, feminist, homemaker and foodie among other things.

    Born and brought up in Bangalore, I have lived here for most of my life. My childhood was very happy and typical to someone born in the 1980s. It was filled with books, words, and the freedom and time to pursue my fancies. There was a strong emphasis in my family, on education – not just earning good grades, but learning the skill sets I would need to be a strong, independent person. My family (including my extended family) has great role models across generations, and this has greatly influenced the person I am.

     

    HOW DID YOU COME TO TAKE UP LAW AS A PROFESSION?

    I have always been a very vocal, communicative person with a strong sense of fairness and that has led me to law, and where I am today.

    In my pre-university education I was a science student, and the training and courses were aimed at taking up engineering or medicine as a profession. However, I knew I would not be happy in either of those professions, and thought I might enjoy practicing law. Although in hindsight I realise that when I took the decision to study law, I did not know what the profession would actually involve, I am grateful that my decision was right nonetheless.

    I studied law at University Law College, Bangalore University. The course structure allowed me to do internships and moot courts. This led me to interact with a lot of practicing advocates and professionals, which was very important as it helped me make conscious decisions regarding my career.

    I have greatly enjoyed studying law and being a corporate law professional. As a student, for instance, studying Constitutional Law and some of the case laws led me to think about human values, life and dignity. I was very happy to be studying subjects which could do that. As a corporate lawyer, I found myself seeing concepts I had studied in hypotheticals in college, being applied in real life. If I had found reading company law a bit dry when I was a student, I found it immensely interesting when working, because of the details.

     

    DO YOU BELIEVE THAT CURRENTLY THERE IS A BIAS OF THE REPUTED LAW FIRMS IN INDIA TOWARDS THE NLU STUDENTS?

    I have not, personally, seen such a bias within JSA. I believe the college / university does not matter, if one has strong fundamentals and the ability to learn quickly.

    Not in my experience, but there are some aspects which could be improved upon in “non-NLU” colleges. Speaking from personal experience:

    • There was a great deal of focus on litigation in college, and hardly any emphasis was given to corporate law. This would probably be very unfair to students, who would need to take the initiative to find out about corporate law and practice by themselves. Equal emphasis should be given to all professional options.
    • The absence of a strong alumni association did feel like a disadvantage, though it must be said that the seniors in college and the alumni I interacted with as a student were very encouraging and helpful. A strong and formal association which would help with internships, placements, job opportunities, etc., would have been very good.
    • When I started working, I realised that a number of the concepts and subjects which were vital to working in corporate law firms were almost ignored in colleges. The teaching needs to be made more practical and oriented to what a law student would need to know, when she starts working.

     

    WHAT IMPORTANCE WOULD YOU ASSIGN TO INTERNSHIPS?

    In my student years I choose consciously, to intern with a human rights organisation, a civil court lawyer, a high court lawyer / senior counsel, an in house team and a corporate law firm. This gave me some amount of insight into how each of these organisations functioned, and helped me in making my decision to work in corporate law firms.

    WHAT QUALITIES DO YOU BELIEVE HELP LAW STUDENTS GET A JOB?

    Confidence, diligence, common sense and the willingness to work hard. You also need to be ethical and sincere right from the beginning, because these will define the decisions you make.

     

    TELL US ABOUT YOUR WORK IN CRAWFORD BAYLEY & CO.

    I worked at Crawford Bayley & Co. with Mr. Sanjay Asher for the first few years of my career, after I interviewed with him for an associate’s position. It was an opportunity to learn on the job and grow as fast as you can. I learned to think on my feet, find practical solutions to issues but also, to work hard. Working in capital markets made me detail oriented and capable of multitasking.

     

    WHAT PROMPTED YOU TO MOVE TO JSA?

    I had interned in JSA and knew it would be a great place to work. After marriage I moved to Bangalore and was lucky to be offered an opportunity to work at JSA, with Mr. Vivek Chandy as my mentoring partner. My experience at the firm has been rewarding and my everyday interaction with my colleagues has made me a better person, which I think is a truly remarkable thing. I have been fortunate to work in a firm where I have not faced discrimination due to my gender or any other factor, and hard work has been recognised without bias.

     

    WHAT ARE YOUR PRACTICE AREAS?

    I started my career working in capital markets. When I moved to Bangalore, I got more exposure in the practice areas of private equity, mergers and acquisitions. Due to my interest in corporate law, I also enjoy working in general corporate matters. In terms of sectors, a lot of my work has been in real estate and e-commerce. The practical nature of private equity work appeals to me, and the manner in which every party to a deal have to balance their own interest with that of the others makes the work interesting. Every transaction has its interesting moments.

     

    AS A PARTNER OF JSA, BENGALURU HOW DO YOU MAINTAIN THE WORK-LIFE BALANCE?

    This is a skill I am still learning, and the most important lesson I have learnt is to not be rigid and allocate time, depending on what is a priority. Especially as a woman and a young mother, I am constantly trying to balance the various matters which require my attention and involvement, and the only way I am able to get by is to focus on what is important and urgent, and to rely on my colleagues at work and my family at home.

     

    WHAT IMPORTANCE WOULD YOU ASSIGN TO MENTORSHIP IN ONE’S CAREER?

    I have learnt from my partners and colleagues at all stages of my career, particularly from the partners who have trained me. In my work, I can easily recognise the manner in which they have influenced my approach and thinking. However, instead of looking for a mentor, it would be better to keep an open mind and absorb learnings from everyone around you.

     

    WHAT ADVICE WOULD YOU LIKE TO GIVE OUR READERS?

    Please choose the path you want your career to take carefully. If you are going to spend half your life doing something, let it be something you will love doing on a daily basis. Please be grateful for the opportunities you have and take pride in what you are doing. This will show in the quality of your work. Wherever life may take you, please try to be humble.

     

  • Arjun Perikal, Partner, J. Sagar Associates, on specialising in M&A, Corporate Laws and Dispute Resolution

    Arjun Perikal, Partner, J. Sagar Associates, on specialising in M&A, Corporate Laws and Dispute Resolution

    Arjun K. Perikal pursued his LL.B from K.L.E. Society’s Law College, Bangalore in the year 2003. Currently, he is a Partner at Bangalore office of J. Sagar Associates. He specialises in Merger and Acquisitions, General Corporate Commercial and Dispute Resolution. He also advises on the incorporation of companies and general corporate secretarial compliance, corporate contracts and mining licensing. In addition, he also has an extensive experience in advising clients on setting up of townships and liaisoning with Government / Statutory bodies for approvals/consents.  He has been practicing law for fourteen years. He has previously worked with AZB & Partners, Bangalore, and M & C Partners Bangalore.

    In this interview he talks to us about:

    • His motivation to pursue law as a career;
    • The nature of work and his experience as a corporate lawyer;
    • His opinion on the efficacy of the Companies Act, 2013.
    • The essentials of a good corporate lawyer.

     

    Given that most of our readers are law students, how would you introduce yourself to them? Do you come from a family of lawyers?

    Lawyer by Default! I do not come with a family legacy in law profession, for that matter it does not matter in today’s world. My father is a businessman and my extended family is into politics. I joined Law College to aid me in understanding the founding principles of our society and to support me in my future endeavour. I used to read leading business daily newspapers right from my teenage. Considering rapid economic legislations during 2000’s I felt adventuring in corporate law, about which I was passionate, is a good professional career option. My family and friends encouraged me in my decision.

     

    What motivated you to pursue a career in the legal field after obtaining a BSc degree? How has this combination been useful to you in your work?

    My graduation BSc was in economics, mathematics and statistics and it was always my plan to take up law studies after graduation. I believed a study of law will aid in better management strategy and be a good consultant. On hind side my economics and law background is helping me to understand and advise clients better. In between I did a management course before joining law college.

     

    Did you take up any internships or other extracurricular activities?

    I did not do any formal internships during my law college. But I was helping my father in some of his civil matters, business communications and observe his negotiations right from my school days. I used to observe my father’s lawyers work, prepare notes, make filings, argue matters and obtain order copies. I guess that was an intense internship and learning. I believe that experience made me acquainted with the ground work to be done for any civil litigation. Half your case is won, if you know your facts inside out. Then you need to have the acumen to think outside the box and make a crisp and gracious submission for getting an effective order.

    I did participate in couple of moots and client counselling competition. I was from a small old law college called KLE Society’s Law College (which I joined as it was walking distance from my home). There were invites for various competition and hardly any takers from my batch. I am thankful for support I got from my college to participate in such competition, when I evinced interest in participating in such competitions. My team was adjudged as runners-up at the National Level Client Counselling competition held at Kerala Law Academy. Wining over participants from 30 odd premier law institutions participating and going upto the finals was a great morale booster.

     

    What were your areas of interest in law school and how did you cultivate such interests?

    Constitution law, Corporate law, Law of Contract and Transfer of Property Act have always been my area of interest and my reason for pursuing law as a career.

     

    What were the factors that the recruiters took into account while hiring you at AZB & Partners?  Can you tell our readers about your work profile as an associate there?

    I wanted to work with a lawyer who specialised in Company law matters. So I went to the High Court registry to find out who was a good company lawyer and I found out about my senior Mr.Murali Ananthasivan. Mr.Murali was an independent lawyer in early 2003. I met him in August 2003 and he mentioned he was shifting to AZB & Partners and I could come to meet him there after a month. After persistently following-up for an opportunity to work with him, I was offered an internship opportunity in Oct ‘03. Then in Dec ‘03, I became an associate of CZB & Partners (It became AZB in 2005). I did not know much about CZB & Partners until I met Mr. Murali and his wife Mrs. Jayshri Murali, except for a vague idea that Mr. Soli Sorabjee’s daughter has opened a corporate law office in Bangalore. My plan B in case, I had not got the opportunity to work at Mr. and Mrs. Murali chambers, was to approach Zia’s office. But as luck had it, I got both under the same roof. The strong subject hold of Mr. Murali, the passion of Zia in grooming her associates to be of world class, Mr. Vivek K.Chandy’s (the other partner of AZB Bangalore) push towards meeting deadlines, and the seamless office atmosphere at AZB to work across offices and partners, helped me shape as a better corporate lawyer.

     

    You subsequently joined J Sagar Associates. How did this appointment happen? What is that you like about JSA?

    I followed my Senior Mr.Murali to JSA! Mr.Murali is a great person to work with. I am still learning to be  composed and cheerful as he is. I have never seen him stress over a difficult client or a case. The fundamental principles on which Mr.Jyoti Sagar has founded this institution is commendable. I believe Jyoti is a role model in Indian legal  fraternity to have walked the talk, by founding a large institution and exiting on his superannuation. Our current Senior Partner Mr.Amit Kapur is setting the new benchmark on firm standards. Glad to be part of this firm.

     

    What factors contributed to your being elevated to the position of a Partner?

    Honestly, I do not know what factors elevated me to the position of a Partner. But I do know I did my work diligently, managed to get clients to firms fold even from my AZB days and maintained a good professional relationship with all my colleagues.

     

    Can you tell our readers about the nature of your work and responsibilities as a Partner at a leading law firm? What does a typical day of work look like for you?

    I have a mixed work profile ranging from corporate structuring advisory, corporate and civil litigation, contract drafting to negotiation and property documentation. As a Partner we need to be on the top of legal developments, manage clients, constantly groom associates, evaluate and trust their skills and build a team to serve clients better.

     

    Can you recall your first time appearing in court, or a time you have argued a significantly important matter? Can you describe such an event and how you prepared for it?

    I don’t actually remember my first appearance in the court. But my first argument was before a consumer forum. I read facts of the case thoroughly, made notes, did some research and pulled out precedents to support arguments. My senior was to come for the matter, but for some reason he probably let me argue. I got a favorable order and it was really proud of myself as I had only been in this profession for a year at that time.

     

    The changes to the companies Act and the emergence of the IB code has revamped the corporate laws in India. What are your views about such developments? Are there any significant new developments you strongly agree or disagree with?

    The change to companies act as I would like to call it is like old wine in a new sleek bottle. While some changes are welcome, some amendments are made thinking every corporate default as a crime. This is hindering the ease of doing business in India. As a relief, the Government is constantly trying to bring in amendments and notifications to correct the anomalies. We also need to appreciate the fact that the Government is reactive to the issues and challenges raised, with this a proactive holistic thought process for better governance would help things get better soon.

     

    You have extensive experience in dispute resolution through arbitration. Do you think arbitration is or should be the future of dispute resolution in India?

    Arbitration is good way to resolve contractual disputes but we need to go to Court to enforce statutory rights. Resolution of the cases by Court vis-à-vis Arbitration has its own pros and cons. I’m sure both will co-exist.

     

    Did you ever consider pursuing higher education? What are your views on its necessity or importance? What advice would you have for our readers who are undecided about pursuing higher studies?

    I did not consider higher studies in law. I think it is good to pursue higher studies after at least 3-4 years of work experience. One will then know which subject to choose and would appreciate the learning better.

     

    How do you remain updated with all the new developments in your fields of interest and practice?

    Read updates and journals, interact with colleagues and peers.

     

    What are the factors you take into account when hiring fresh graduates or young lawyers? How can law students develop the qualities you look for to increase their chances of landing a job?

    Integrity, proficiency in fundamental principles of law and capability to make logical analysis are key characters that I look for in the fresh graduates. Law students should learn to develop patience, focus on their subject of passion, maintain mental composure and never do anything prejudicial to their integrity before the bar and bench. I recollect Zia in my annual appraisals would always say, “clients may say things, but I don’t go before the Bench unless I am convinced and have introspected the facts”.

     

    What advice do you have for our readers who are primarily college students?

    Do not be swayed by short-term monetary benefits and titles in law firms. Law is a profession you can practice till your brain stops functioning, so equip and enrich knowledge for the long haul.

  • Prasanth V.G., Partner, J. Sagar Associates, on his time in NUJS, and his litigation experience

    Prasanth V.G., Partner, J. Sagar Associates, on his time in NUJS, and his litigation experience

    Prasanth V.G. graduated from WBNUJS, Kolkata in 2005 and thereafter joined Delhi office of Paras Kuhad and Associates. He is currently a Partner at J. Sagar Associates, Bangalore. He primarily specialises in dispute resolution and has an experience for twelve years. He has been handling matters relating to Company Contracts, Specific Relief, Intellectual Property, Banking, Infrastructure, Energy, Consumer Protection, Infrastructure and Arbitration. He has a vast experience in the drafting of pleadings, applications and evidence briefing for several counsels in numerous matters, and has also done many arguments including both final and interim arguments at various fora.  

    . In this interview he talks to us about:

    • His law school life at WBNJUS, Kolkata 
    • His experience of a litigation lawyer at a firm
    • The essentials of a good commercial litigation lawyer

    Given that most of our readers are law students and young lawyers, how will you introduce yourself to them? 

    I will not shamelessly claim that I am a “Super Lawyer”, but I am certainly one who constantly dreams of being a “Super Lawyer” whom society looks up to. I am a Partner at the Bangalore office of J. Sagar Associates and my area of work is dispute resolution.  I graduated from the first batch of NUJS, Kolkata in 2005 and started my career at the Delhi office of Paras Kuhad and Associates in 2005. In 2010 I shifted to Bangalore and worked for a short period of ten months at KLaw. In April 2011 I joined JSA Bangalore and I have been here since then. My father’s father and my mother’s great grandfather were lawyers, but both of them had passed away much before I was born and therefore I cannot say that I am from a family of lawyers.

     

    How was your experience at NUJS?

    To be frank, I had never before come across in my life an ambiance as fiercely competitive as was present at NUJS. The first batch of NUJS was a unique pack of some of the most gifted brains and talents. The levels of competition we had were naturally very intense. The fact that we were guided by a personality as towering as Dr. Madhava Menon, who had the unique ability to inspire his students to always dream high and strive, was the most remarkable feature of our NUJS life. He would constantly motivate all of us to very deeply believe that anything less than excellence is self-derogatory. I feel truly blessed to have studied law as a part of the first batch of NUJS, which had tremendous levels of ambition and zeal and was constantly very high on energy and drive.

    However, one tough question that my senior partner recently asked me was whether in the last twelve years anyone from our batch has really become a legend for his or her age. I found it very difficult to answer. Everyone is working at decent designations to keep their pride happy and earning decently to keep their families happy, but whether that is all the NUJS dream was, is a soul-searching question. Hopefully, I will have a clearer and happier answer after the next twelve to fifteen years. One may take until the age of 35 to settle down, but if he does not have the big break between 35 years and 50 years, one may rather reconcile that it was all for the making of just another office-goer. The hair has already started the tendency of greying here and there.

     

    What were your areas of interest in law school?

    Amongst the various academic subjects, I had maximum interest in Constitutional and administrative laws. I also deeply enjoyed the laws of contract, specific relief, property, statutory interpretation, etc. Preparations for and participation in both internal and external moot courts was considered to be a very important exercise by our whole batch. I also had my share of regular mooting experiences in those five years, including representing India at the Stetson moot court at Florida. Exploring and re-exploring the city of Calcutta on every Wednesday, which used to be the weekly holiday, was one of the most joyous part of our life. NUJS life was the first phase in my life which introduced me to a truly national ambiance. It was a remarkable experience getting to know and making friends with the peer coming from various different cultures and sensibilities across the country. All these were matters of great excitement at the impressionable age.

     

    Can you recall a few interesting instances in your litigation career?

    I will first answer the question on preparation. More important than how I routinely prepare, is how I think one ought to prepare. I am therefore making a general analysis and not any self-proclamation. One message I learnt from the great masters I had the occasion to meet or work with, is that every court appearance, however small or big, must be treated as a break by a litigation lawyer. It always helps to prepare for a matter beyond your brief for any given day’s appearance. Trying to put a lot more effort into every matter than what may be immediately required to attend to it, will over a period of time, make you very resourceful.

    While in my initial days at PKA Delhi, I was given a lot of exposure in DRT and DRAT matters. One set of matters that Mr. Kuhad made me in charge of was a series of cases filed by various banks and financial institutions against a pharmaceutical company, which was our client. I still remember the strenuous manner in which I went about labouring to put together the written statements and various interim applications on behalf of the company, trying to bring out some defence or the other in each matter, which otherwise appeared to be very open and shut against our client. It was a lot of learning on the job which gave the conviction that no matter can be given up as defenseless, if you are willing to go into the depths of documents and do some creative work at linking or de-linking ideas and points.

    Another Delhi matter which stands out in memory is an international arbitration which went on for about five years, in which we were representing an American company. What makes it memorable is the long days and nights spent reading through, deciphering and connecting thousands of pages of disorderly papers which used to come in heavy cartons from Dallas. There were several note books full of hand-written notes which I made while trying to organize the defences in the matter, trying to frame questions for cross examination, etc. We eventually lost the matter, but it was a rewarding experience for one’s faculties to go through the grill it demanded at a very early stage of career.

    Another interesting memory is that of a partition suit before the Delhi High Court. We were representing the Plaintiffs. We briefed Mr. Arun Jaitley for the first hearing and he got us an ex-parte order of appointment of a local commissioner to inspect and make an inventory of extremely valuable family heirloom items including gold, silver, diamonds, ruby, paintings, carpets etc., which according to our side, had been hidden by the Defendants inside the family house in Kolkata. I flew along with the local commissioner to Kolkata with the order and we went to the concerned premises the next morning along with the local police. The events which took place at the premises were nothing less than dramatic. After a lot of initial resistance and thereafter reluctant cooperation, the Defendants insisted that there was no express order to forcefully open the locked safes and almirahs. So I flew back to Delhi that evening while the local commissioner stayed over in Kolkata. The next morning we again mentioned and brought up the matter before the Delhi High Court and got a specific order to open all the safes and almirahs. With that order, I again flew back to Kolkata that night and we again went to the premises the next morning to get it enforced. While I do not want to go into the details, since both parties thereafter amicably settled the matter, it was a unique on-the-floor experience which stands out in memory even now.

    A more recent interesting episode was arguing on behalf of a sugar manufacturing company against local sugarcane farmers of a village before the Deputy Commissioner, Bellary. The farmers were refusing to provide sugarcane to the factory due to the alleged arrears in the payments of the previous sugar seasons. I had to argue that under the law all the farmers falling within the reserved area necessarily had to supply the cane to my client, irrespective of any past dues, for which they had already invoked the recovery mechanism. The farmers were led by the local MLA and were also represented by their lawyer. Our side had already made a statement against the intentions of the local MLA before the Karnataka High Court in a related matter and that had got reported in the newspapers before my visit to the village to argue the matter. When I reached there with the company representatives, I was amazed to see that a huge community hall was reserved for the hearing and about 300 farmers had gathered and the atmosphere was volatile. The local MLA met us as we were entering the building and started shouting at the company representatives. There were only a few policemen and they could not have handled the situation if the mass had taken the law into hands. The arguments were like making public speeches since that had to be made from the stage before the full crowd using the microphones. I was reminded of my school and college debating and mooting days. When I started arguing in English, the crowd started shouting that I should argue only in Kannada. The Deputy Commissioner who was a very dynamic young IAS officer suddenly took complete charge of the situation and demanded that the crowd shall not protest since I was not very fluent in Kannada. There were detailed arguments and counter-arguments between me and the farmers’ lawyer and the crowd patiently heard everything. The MLA also respected the fact that legal arguments under the Sugarcane Control Order and Essential Commodities Act were going on and remained silent watching the whole proceedings from the front row. Once the hearing was over, the crowd started getting agitated again, demanding that the order should be pronounced immediately. Many people came forward and started to stage a gherao, when the policemen came forward to make way for the Deputy Commissioner. In the process, we also made our way out and left for the hotel.

    There are many other interesting episodes I can narrate, but I am stopping here as this answer has already become very lengthy.

     

    How did you face the work pressure?

    In a way, everything in the profession of law, and not merely being in law firms, can be demanding. But I will always say with the fullest pride and conviction that JSA is a bliss.

    There are two very helpful ways to handle pressures in this profession:

    Firstly, you should try to know in detail each matter you handle. Unwilling or unenthusiastic participation without trying to be on the top of everything in a matter can make the situation very painful. Please also understand that you cannot mentally dislike or fight anything and then conquer it. You can conquer something only by most genuinely loving it. Comfort and ease are directly proportionate to your familiarity with the matter at hand. Your familiarity with the matter is directly proportionate to the time, attention and nurturing you give to it. Therefore much of it has got to do with the mind-set. If your mind genuinely aspires for heavier responsibilities, it will work wonders. If you decided to join law and you have progressed to a stage where there is no going back to engineering or medicine or anything else, then you might as well love your work on the subject than keep focusing on the exhaustion it causes.

    Secondly, avoid as much as possible, the intake of people-related negativity. It only takes away time and energy unnecessarily. Stop judging others. Stop telling yourself how imperfect or unjust others are. Stop also fearing that someone else will take away what you think is due to you. Do not let your mind dwarf you. Do not be a constant complaint-box indulging in shadow-boxing. The world has been, is and will remain unfair in varying degrees. There is no perfect world that has ever existed. While we all should work towards an ideal world, we should also remain realistic. After all, when you decided to join law, did you not know that you will interact with all sorts of people in life? Do you think a Jethmalani or a Nariman or a Venugopal or a Salve was made because they dealt all along with only the nicest of human beings? I am certain they would have dealt immensely with rogues, scoundrels and crooks in their fabulous journey as lawyers. So remain a good human being to everyone, without losing energy over the fact that an ideal world does not necessarily exist around us. A change in the mind-set can instantly take away your pains and bring a smile.

     

    A litigation lawyer in a corporate law firm is in the minority. What are your experiences holding this unique position?

    That is a very interesting question. I have to tell you three things in response:

    Firstly, in the litigation circles in general, you will find a lot of people who are cynical about non-litigation work and are unable to appreciate or respect the practice of corporate or transactional laws as real lawyering. I feel sad for those who sustain the said mentality. Let me tell you in no uncertain terms that law is not all about disputes. Law as a profession was derived from the requirements and needs of the society. If today’s society or economy mandates that a lawyer has a distinct space in a bank or an insurance company, who are we to deny it and claim that a lawyer is only for the court rooms? Therefore do not live in a self-created illusory world of bald denials.

    Secondly, we also need to burst this false and unfounded myth that most of our premier law schools are not serving the society since they are primarily catering to the needs of the corporate world. How many law graduates are created every year in this country and what percentage of them can all the corporate law firms and companies together recruit? Will Amarchand, JSA, AZB, Trilegal and all the other top law firms together be able to recruit even 1000 fresh lawyers in a year? If I am not mistaken we are creating not less than 50,000 new lawyers every year. If you wish to write off the largest majority of new lawyers who add to the already over-crowded court rooms and wish to find fault with the micro-minority who get corporate placements, the problem is really your inability to see the plain and simple reality. Further, I am also willing to concede that my friends on the corporate side helping the business of a company to be set up or helping a company with its project finance is doing as much, if not more, service to the society as is done by me or others in the court rooms.

    Thirdly, to specifically answer your question, I believe there is a very unique space for a litigation lawyer in a firm which primarily handles non-litigation works. A litigation lawyer is essentially a story-teller. He always has a narration to make. His clients come with narratives. His files are full of narrations. He reads his case laws to extract a dictum emerging out of divergent contentions placed in the background of a factual narration.  He reads his statutes looking for “the scheme of the law” and in the said process goes back into the social context or philosophy of law also goes forward into the social consequence of the written words of law. He is constantly preparing to articulate a narration in writing in his court pleadings. He is constantly selling stories to the judges. There is therefore an inner voice that starts communicating with you as a litigation lawyer, which I think can be synergised well even with non-litigation work. I truly believe that this mental process can tremendously help you creatively contribute to the work your colleagues are doing even in the non-litigation spheres. You can, not only deal with a contract when it runs into a dispute but can also assist your colleagues with appreciating a contract in a certain narrative form, concept and structure from its formative stages itself. You can assist your friends with providing legal opinions from various interpretative possibilities. According to me, a new work culture has to emerge which appreciates that a litigation and a non-litigation lawyer have a lot to work to do in tandem at every stage of a deal. Instead of seeing practise areas in isolation, synergies should be developed and maintained at stages when a contract is being drawn up, when a certain structure is being designed and when clauses are added in developing the said structure.

     

    What are the most important characteristic one needs to develop to succeed in the field of law? 

    Everything which works for one person, need not necessarily work for another. One needs to find his or her own answers and approaches through a constant process of enquiries, observations and self-analysis. There can however be a few very general guidelines, which possibly work commonly for the vast majority. In that general sense, I can always say a few things like one must constantly work on his language skills, on his physical and mental energy levels to sit for long hours of work, on his ability to carry the people around you together, on his approachability and availability to those who you service etc.

    But what according to me should form the most important characteristic or hallmark is the ability to proportionately mix the right amount of humility with the right amount of confidence, without either of it coming at the expense of the other.

    Humility is a must, or else you will never be a constant learner. You may be a first rank holder in 10th or 12th, but do not come to law with the same approach with which you thought of academics earlier. There would have been a certain amount of comprehensiveness or finality to anything you dealt with in your school before joining law. That is just not the case with law. Do not think that law is all about the syllabus you have in each subject in your class. For example, you may have just one semester to complete the Evidence Act, but let us bow down to the fact that it takes a life time to know the Evidence Act well. You may have just two semesters to deal with the whole of Company law, but it is again a lifetime affair to know it well. So, the legal education in law schools is only an introduction to the larger world. All along the law school as well as while in the profession, there is a constant requirement to bow down before the enormity of the subject and also the eminence of the great masters around.

    However, this humility shall not come at the expense of your confidence. The study and practise of law is also about the ability to take one’s own positions. I can tell you about my batch from NUJS. Throughout NUJS our batch debated human rights, child rights, farmers’ rights, tribal rights, women’s rights, prisoner’s rights and the like. However, our batch turned out to be one of largest contributors to corporate law practise. How does something like this happen? This happens because essentially you are developing a talent. You are developing the confidence of a person to go into details of any subject and take one’s own stand. Many times, Dr. Menon would engage the class in discussions based on some newspaper article instead of statutory provisions, and would yet create a confident lawyer out of you at the end of the session. Therefore please remember that while you respectfully carry the much-needed facet of humility, you must also confidently be able to believe that even if the best counsel in the country appears against you in a matter, you will do a good job and will not run away. If he can do it, so can you. Can’t you? Think about it.

  • Ishana Tripathi, Legal Practitioner, on Policy Law, working for Tier-I firms, and her diverse experience

    Ishana Tripathi, Legal Practitioner, on Policy Law, working for Tier-I firms, and her diverse experience

    Ishana graduated from NALSAR in 2011 and joined AZB in 2011. After working there for three years in the fields of acquisitions, inbound investments, commercial/civil/corporate crime litigation and arbitration, she then branched into helping set up a private mediation centre – Centre for Advanced Mediation Practice. She assisted them with rule drafting and case management strategies and also a lot of business development. In 2015, she started work on two projects in parallel, the Centre for Policy and Research, Bangalore, and Vidhi Legal, Delhi; one on civic citizenship to develop a constitutional law search engine and the other on court annexed mediation.
    In this interview we speak to her about:
    • Working for Tier-I firms such as JSA and AZB
    • Her time in NALSAR
    • Her experience in Policy Law

    How would you like to introduce yourself to our readers?

    This is a trick question. If it has to be concise, then it would someone who is trying to navigate through the various avenues of the inter discipline of law available today!  To me, there are a variety of experiences that one can gain even while pursuing a corporate law firm career without viewing it myopically.  While “specialising” in an area and building your own niche is important for recognition, if you don’t broaden your horizons to work – in every space and opportunity available, in my view, at this seventh year of practice, your ability as a lawyer stagnate.

    As a professional who is here to stay, you need to keep educating yourself to the changing ecosystem and while you can’t know everything, it our responsibility to be aware of as much as possible and not let go of opportunities that allow us to experiment. Law as professional can be a beautiful thought provoking and life changing way of life.

    Give us a brief overview your NALSAR experience for our readers.

    The NALSAR experience is novel to each one in terms of utility. For me, law school was a confusion on whether I want to pursue the law at all. Today, the passion I feel for law comes from working with some of the best people in the profession – a privilege that at the beginning  of my career in 2011, came from being a NALSAR graduate. It would be foolish to deny the edge that having an “National Law School” label will give you but to say that the students are smarter than the rest would be another thing and misconceived.  Its ultimately boils down to a proof of hard work, integrity and dedication – which you need to find within.

     

    What kind of internships did you undertake during your student years?

    Law school to me was an opportunity to explore and take chances. I did close to fifteen internships, with different work profiles, I didn’t repeat a single internship. This was a personal choice. I worked with government organisations like TRAI, not for profits like TERI, clerkships with the CLB and the Supreme Court, trial work, general litigation and corporate law firms.  By the end of it, the only thing, I had no idea what I wanted to do but I knew what I didn’t. For instance, I realised I was too mercurial for criminal trial work (here, i mean cases of rape, domestic violence, assault, and not white collar work) and decided not to pursue that route. I am now venturing back into criminal trial work – particularly in relation to restorative justice models – so lets see if I have reached an emotional maturity to handle it.

     

    Is it absolutely necessary to moot or undertake paper publications in order to be a successful advocate?

    There is no straight jacketed formula to success. Every individual has their own journey.  Like I said, law school is an individual experience. But if it is advice, then I would urge people to not be close minded, especially todays generation of lawyers –  who have many more avenues like legal journalism, legal policy, legislative drafting – which are work spaces available for a lawyer and were not as present in the mainstream in 2011 when I graduated. Try as much as possible in law school but do it with zeal and not because the mass says so. Law school prepares you to embrace different perspectives. While having ambition and direction are important, do not write off anything.

     

    What are your areas of specialisation and how did you go about choosing these fields to specialise in?

    I specialise in – ADR and corporate /commercial litigation, and, labour and employment laws. The first was an interest in law school which solidified at AZB and is a true academic area of interest which I continue to pursue. The latter is attributable entirely to AZB. If you would have told me in law school that I would become a diligence handbook for labour laws, I would have laughed at myself, it was my worst subject – mostly for the lack of interest in it! Today, the research and jurisprudence in it fascinates me to no end. I read regular updates and amendments.

     

    How were the first few years after your graduation? 

    Law school was a different phase all together. It engineers healthy competition, using your brains to argue/defend positions, change view points, embrace failure and general personal development.  It doesn’t, however, unfortunately give you notes on implementing the law. It is necessary that the absence of practice from theory in legal education changes. But, that’s a debate for another time. The internships that I was fortunate to get gave me some insights into the inner workings of the lawyer life but I suppose my mind was too young to comprehend and process the amount of handwork and brain cells required to materialise the text book law into strategy.

    I honestly lucked out with the mentors I had at work right out of law school. They instilled a quality of work and pushed my intellectual barriers. They enabled me as a lawyer right from the start, they never treated me as someone fresh off of the boat. It was “use your brains and assume responsibility for work” from go!  If I look back, my time at AZB, gave me a strong foundation and was a very empowering experience. I can blindly say that I am ardent Zia Mody fan, she defies patriarchy in the profession in ways I took for granted at the age of 21, when I started working there.

     

    Give us some insights on the qualities that Tier-I firms look for in prospective candidates.

    I can’t speak for every Tier-I firm and I also think recruitments and requirements change with time / legal landscapes.  Prospective candidates vary accordingly – depending on type of work, experience, firm expansions etc. If you are asking for what they look for in an fresh of the boat law student in an interview – for me, self confidence, good English (I suppose!), demonstrable ability to work well with others, passion for any element of the law is what worked.  

     

    Briefly describe your experience in assisting the set-up of the Centre for Advanced Mediation Practice.

    Professionally, after three years of arbitration experience at AZB, mediation was a new bull to me. To study it and embrace it was easier than I thought it would me. CAMP opened a new chapter to me as a person as well as a professional and gave me insight into being non – adversarial in thought process and also gave me new direction towards understanding law.  CAMP, to me, was being a part of a movement, which would shape a new dimension in legal process in India. It was of course, a new challenge, since going from the comfort of a corporate law firm to figuring out how to get conference call facilities! But that’s the beauty of a start up. Its not only the idea of it but also every other element of it that makes it more personal. Combine it with the “purpose” that it seeks to achieve – CAMP was critical in reinforcing the idea of wanting to be a part of the system and help nurture a better case resolution mechanism.

     

    Please give our readers some insights into the functioning of Policy Law firm.

    (Ishana has worked with two of India’s most reputed firms in policy law- The Centre for Policy and Research, Bangalore and Vidhi Centre for Legal Policy, Delhi.)

    With Vidhi, I worked on a project that studied the efficacy of court-annexed programmes. Here, we studied four centres in India and where there were issues and fallouts. The hope remains that the recommendations are picked up and a change in implementation of mediation is envisioned by the law makers and the judiciary.

    With CLPR, was a project on civic citizenship and constitutional law. This was uncharted territory, since my knowledge of constitutional law was basic and text book. CLPR was spearheading a project that would culminate into a database of the constituent assembly debates that led to the framing of our constitution. I worked on the first phase which was focused on the fundamental rights and directive principles.  The project involved reading through days of debates and coding them in a prescribed format which would then be fed into an algorithm where people could search (like Google).

    It was amazing to learn and unlearn the pre-conceived notions of our rights and in a way get to know the people who fought / argued/ reasoned / shaped the future of individual and social rights in this country. To everyone who reads this, I am shamelessly asking you to check out the CLPR website for the CAD page! It will be worth the effort! The hope is that one day it would reach the common man for general awareness.

     

    When and why did you decide to leave your job at JSA?

    It was in April 2017 that I decided to leave JSA. I believe it was the right time in my profession to pursue a higher education in law with the Erasmus Mundus programme.  

     

    Is there any other suggestion you would like to give to our budding lawyers?

    You just have to have the dedication and maintain a standard and drive for yourself.  The day you can’t give your 100% to something – it could be even proofreading ten lines on a matter, then its time to find something else. Demotivation in life is the worst thing you could do to yourself and the person whom you represent – who deserves your dedication, time, thought and places their faith in ‘you’ not anyone else to guide them right.  So if you ever find yourself in a situation where you say “have to” more than ten times a day, move on. It is a disservice to yourself and your colleagues if you choose to continue in the same state of mind.

    As a parting thought, never take any work opportunity and position in life for granted. Moreover, to me work-life balance is a myth. Never take on a task with the purpose of attain this. It is work that has shaped my personality, increased my capacity to question and broaden thoughts. It is practice that has indulged a love of studying the law.  The sooner you accept the importance of work in your life the easier your journey in law becomes!

  • Deepak Kumar Thakur, Partner, HSA Advocates, on his internship experience, and working at JSA

    Deepak Kumar Thakur, Partner, HSA Advocates, on his internship experience, and working at JSA

    Deepak Kumar Thakur graduated in law from Army Institute of Law, in 2007. He also holds a Masters Degree from University of Mumbai, with a specialisation in Banking, Corporate, Finance, and Securities Law. After successful stints with Titus & Co. Advocates, and J. Sagar Associates, he is now Partner at HSA Advocates.

    In this interview we speak to him about:

    • His time at law school
    • His experience at J. Sagar Associates
    • His role as Partner at HSA Advocates

    How would you like to introduce yourself to our readers?

    I’m a passionate, optimistic, and dedicated lawyer who takes up responsibilities with utmost enthusiasm and sees to it that I complete my responsibilities (in terms of deliverables, mentoring or otherwise) with utmost sincerity. I have great amount of perseverance to achieve my goal. My optimistic and planned approach is what driving me towards my success. I take each failure and criticism as part of a learning curve and strive to be a better human being by each such learning. As how I strive for perfection in things, I expect the same from others as well. I love music, especially Jagjit Singh.

     

    What motivated you to opt for legal studies after school?

    I ever thought of joining a law school or becoming a lawyer, at any time prior to joining Army Institute of Law (AIL). Since I didn’t know anything about law before joining AIL, nor I had any lawyer in my family, my encounter with law and AIL was purely incidental but an enriching journey.

     

    Tell us a little about your days in law school. 

    My time at AIL was fantastic. The hostel experience was new to me. Living in a hostel gives one a lot of exposure, independence and different perspective towards life. I joined AIL, when it had a campus in Patiala, and the boys used to stay in the dormitory. We were the last batch to join AIL from its Patiala campus. Amongst others things to share from Patiala, some were relating to those cold nights, open theaters, aloo parathas on the highway, walking in dark unknown tracks, running sprint for college, if missed bus to the college.

     

    How important are grades, in your opinion? 

    Grades are important but not critical. Gold medals aren’t a prerequisite to being a successful lawyer. What is required is the smartness and ability to handle situations in the best possible manner, which I don’t think any theory can teach you. I myself was not the best scorer in my batch but always had an above average score.

    I definitely believe that money is an important feature to help you in making your decisions for your opportunities but I never believed in the fact that it should be the only thing guiding you to take your decisions. What should be motivating students in their college days is their interest. It’s okay to not make big bucks in the short term but one should always follow their interests rather than running behind big bucks.

    What subjects did you take particular interest in during your law school days? 

    I used to have a lot of interest in the Constitution of India. As the Constitution is the mother of all Indian laws, it gives you a lot of learning to become a better law professional. My interest in any particular subject was not a deciding factor in determining my career choice, but it helped me a lot in pursuing my career in one of the top most law firms in India.

     

    What were the activities, academic or otherwise, that you undertook in your law school days which in your opinion have shaped you and your career?

    During my college days, I was involved mainly in sports activities apart from my academics. I represented my college in chess and was actively involved in football. I believe sports not only helps in keeping you fit but also teaches several lessons, which always comes your way in your personal and professional development. Being smart, team player, ability to perform under pressure, etc. are some of the qualities that always helps in your personality development.

     

     

    Who was your mentor, or main source of inspiration who motivated you all along the way?

    I had some very good mentors all along who guided me pretty well in my professional development. My main source of inspiration was and is only my family, who always stood with me with all my decisions. The long never ending work hours with almost no family time has also not lessened their support for me.

    What kind of internships did you engage in during your student years?

    My internships were not focused in a particular field of practice. As an intern, I believe, students should be ready and willing to take everything and learn from whatever is assigned to him/ her. The only thing that an intern should be concerned with is hard work, dedication and little smartness. I believe I had all of them and that’s what ensured me in getting a PPO from all the three law firms where I interned.

     

    What does it take to make the cut and land a Tier-I job? 

    (Deepak had previously worked with J. Sagar Associates, one of the most sought after firms for placements by students, as a Senior Associate.)

    I joined J. Sagar Associates (JSA) as an Associate in January 2008 on the basis of my performances during my internships with the firm and in April 2012 was elevated as a Senior Associate. There is no formula as such or secret to ensure a retainership with any Tier-I job, at least with JSA (as per my last information). JSA looks to select the retainers mainly from its interns, so what is required is that you should have 100% dedication, work hard, and show a little smartness. Be polite and try to share the pressure of the resources in the firm by delivering the best possible deliverable in time, and you are sure to be noticed. Once you are noticed, you will be there.

    Be responsible, spend less time in gossiping or chatting. Don’t sit idle. If you have free time, seek work from resources with an intention to share the responsibility and not to do just do something for the sake of it. The dedication is generally visible in your body language and how do you deliver your deliverable. Lastly, at the cost of repetition, lot of hard work and little smartness is an inseparable part.

     

    What motivated you to leave JSA to work with HSA Advocates?

    It was not an easy decision to part ways from JSA, and I consider myself fortunate to have worked with such amazing people and place. But as time moves on so did I. No great reason otherwise.

     

    Tell us more about your current work profile with HSA Advocates. 

    My typical day starts with a meeting with concerned senior partners which includes briefing them about the developments in various matters and discussing the way forward. After that is the follow-up with clients and knowing about their expectations in terms of existing assignments and likely developments and how better we can work towards meeting their expectations. After client management work, is assigning work to colleagues in the team and guiding them the best possible way to get the best deliverable in a cost-effective manner. Then I get on to work on completing the work pending at my desk. At the same time, I also seek to mentor younger colleagues from time to time. The day is also occupied with continuous calls from and to clients regarding ongoing transactions, issues therein, and deliverables.

     

    If given an opportunity, what would you do differently in your career journey up to this point? 

    I believe in only one thing; whatever happens, happens for good, and do not regret for the things, for which obviously we can’t be gone back in time. That is what I would like to guide to my younger friends as well. Do not regret for the past occurrences and try learning from them.

    Common career related blunders which students should avoid is mainly running behind big bucks. Please please follow your interest and do whatever finds your happiness. Money should not and never determine be the only factor determining your decisions.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    The years at law school are never going to come back, so live and enjoy each and every moment of it. Make use of every minute. These are the only memories that you will cherish for life and talk about when you grow older. It’s fine to break rules sometimes, but it does not mean to destroy or cause any damage to any property or infrastructure. However, having said that, it does not mean that one would ignore studies and does not work hard to achieve their goal. You can have some relaxing time in the initial years, but after that you need to be absolutely serious about what you want to be. Make your goal clear and start working hard towards that. There is no substitute for hard work. Success, if is not achieved on immediate basis, it would be there for sure.

  • Varun Sriram, Partner, J. Sagar Associates, Chennai on steering a successful corporate legal practice with a law degree and completing Company Secretary course

    Varun Sriram, Partner, J. Sagar Associates, Chennai on steering a successful corporate legal practice with a law degree and completing Company Secretary course

    Varun Sriram graduated from Symbiosis Law School, Pune in 2006 and thereafter also qualified as a Company Secretary Course from the Institute of Company Secretaries of India. He is currently a Partner at J. Sagar Associates, Chennai and practices mainly in General Corporate, Mergers & Acquisitions, Private Equity and Banking & Finance. He has over ten years of work experience in corporate legal work.

    In this interview he talks to us about:

    • His law school life at Symbiosis Law School Pune;
    • The essentials of a good corporate lawyer;
    • His experience and work strategies for ruling the corporate market;
    • Opportunities that a corporate practice has to offer;
    • His views on the current demonetization of high value currencies and the new Insolvency Code; and
    • His fondness for corporate and commercial laws.

     

    What interests or influences propelled you to pursue law as a career? What other options were you considering apart from law and how did you make the final decision?

    It wasn’t out of any specific interest at the beginning. Interest grew over a period of time, over a few years into practice. I took up a science group in eleventh standard since most of my friends chose science and I wanted to continue to be in the same class as them. It was during my mid-term that I started considering options for higher studies mainly due to peer pressure. I knew science wasn’t my cup of tea and I should not continue in that stream. I asked the school principal if I could change streams to commerce and she was gracious to agree. I joined the commerce stream just a week or two before our half-yearly exams and aced business studies, economics and accountancy.  That’s when I knew what my fundamental interests/strengths were even though I was not sure about future plans. I was considering my options in twelfth standard and one of my teachers mentioned that no student for several years had opted for law. Plus I was reading Perry Mason books back then and had seen quite a few movies with court room drama. Thereafter when I heard about Pune law colleges and life out there, I was quick to make my decision. I joined Symbiosis Law College in 2001 and never look back. My other option was to do a professional course in culinary arts and become a chef. I enjoy cooking and thought I would take it to a professional level. Then someone told me I could be a lawyer and still cook for people, but the other way round would not work. It made sense and I stuck to the plan.

     

    What were your objectives and plans in the preliminary years of law school? What curricular and extra-curricular activities and internships did you opt for while in law school?

    I did not have a plan, at least not for the first two years of college life. I spent time exploring Pune and making new friends. Sometime during my second year, I realised I had lot of time in hand and enrolled for ACS. I did one internship every year including outside of my home town Chennai. I did a few moot courts as well. I was also part of AIESEC, Pune. I would sum up my college life as academically above average, well rounded and a lot of fun.

     

    Straight after law school, you got an offer from HSB Partners, Chennai. What was the work profile you were entrusted with there and how was your experience there during your initial days?

    I joined HSB Partners by chance and not by plan. I was exploring my options after college. I took up a special project with a Danish MNC based out of Chennai to work on compliance aspects for them. I thought I would take the opportunity to get some perspective on management/strategy issues on the side. Within a few weeks, I realised it was not the right fit for me. I needed professional guidance. I met with some Industry leaders, entrepreneurs and lawyers to get suggestions. I even had an offer from an FMCG MNC based out of Mumbai for a legal role. Still, I was not convinced. I had done an internship with Mr. TK Bhaskar (TKB) in my third year of college and decided it would be good idea to meet him and discuss some options. That was the turning point. He offered me a position instantly after a brief discussion around 8:30 PM. I joined the next day not knowing that stint was going to be my beacon in the years to come. Initially, I worked with HSB Partners for two years. I was involved in a variety of work on corporate & commercial contracts, PE/VC and M&A work, corporate litigation matters, merger/de-merger schemes, drafting legal opinions on various corporate/commercial matters and occasionally even running to the consumer forum. Most weeks were six and half day working weeks. It was a good experience, especially the diversity of the nature of work that I was exposed to. I was also fortunate to get a lot of time from TKB.

     

    Within a few years, (if I am not wrong it might be shortest journey for a new law graduate) you got promoted to partner at HSB Partners Chennai, a reputed law firm in the southern circle.  What skills and qualities do you think helped you achieve you this position?

    While I continued to enjoy work at HSB Partners, I wanted to have first-hand experience in a Mumbai law firm specialising in PE and M&A work. So I started applying to various firms and had the opportunity to interview with a few of them. A very good friend and senior from college was working in Economic Laws Practice (ELP) and arranged for me to interview with one of the Partners. I interviewed with them and was offered a position instantly by Mr. Suhail Nathani and I took it up. I worked in ELP’s PE/M&A team and did some fantastic transaction work. I learned a majority of private-equity transaction related nuances during my stint here. I moved after a few years to ALMT Legal in Bangalore and worked with well-known names like Mr. SR Arun and Ms. Dhanya Menon. I had the opportunity to do capital market work like IPO, Rights Issue etc. besides some good and large M&A transactions.         I spent almost five years between Mumbai and Bangalore before moving back to Chennai. I re-joined HSB Partners although I had an offer from a national level firm in Chennai. While I started handling more of transaction related work, I worked on other matters from time to time. I was extremely moved when I was elevated as a salaried partner, especially considering I was the first associate to be elevated as such. I think my progression is a result of the combination of many attributes – exposure to a variety of work, good mentorship, strong fundamentals and liking towards corporate/commercial legal matters, my dual qualification (Law and ACS) and my associations with reputed firms and individuals.

     

    Your linked in profile says that you are driven by an “interest to find resolutions to intricate business requirements” and that your “practice emphasis has always been to add value to clients”. What interests lead you to such a yearning?

    The first sentence of the statement is based on my interest and passion. The second sentence of the statement is the end objective of my first sentence. That’s how I look at it. Without facing challenging requirements, there is no intellectual stimulation. Without finding lawful yet workable solutions to clients under such circumstances, there is no value creation. Without value creation, there is no client. Thus I feel there is immense logic and purpose in that statement and living by it.

     

    What are the opportunities that a practice has to offer? What are the essential requirements to rule the Indian corporate market?

    The legal profession is going to become more specialised in the days to come. This is the natural progression. Clients demand, and rightfully so, deliverables under tight time-lines to keep pace with various commercial and M&A activities, competition etc. This is possible only if the lawyer in question is fundamentally strong in the subject matter and has good exposure on ground. The requirements for developing into a good corporate lawyer and continuing to be one are always dynamic and not constant or a one-time effort. I think the use of technology effectively will make a difference going forward. It is important to be aware of legislative/policy developments, changes, general business news, developments in transaction structures and practices, new and changing business models etc. It is combinations of all of these that aidsand improves one’s legal acumen and helps one perform better as a corporate-commercial/transaction lawyer. Being level-headed, rational and solutions driven is vital.

     

    Do you feel that doing a company secretary course from the Institute of Company Secretaries in India will be add fuel to one’s work profile at a corporate practice?

    Completing a Company Secretary course together with Law certainly gives an edge with regard to certain fundamentals academically, in corporate and secretarial laws and adds weight to one’s resume. But I would not attribute more than that. Anything I learned out of a text book until I applied it on the job was to some extent surreal. Most of the real learning is on the job at least that has been my experience. I think if one has the time to study and get an extra degree, why not. It could CS, CA or MBA finance – all of them are good combinations with a law degree.

     

    The newly enacted Insolvency and Bankruptcy Code, 2016 has stirred a dynamic shift in the insolvency regime. What is in your opinion, efficacious about this code in the Indian corporate market?

    Prior to this legislation, there were multiple laws and forums that dealt with insolvency related issues. The insolvency code is a uniform and complete code dealing with insolvency issues and applicable to all companies (not banking companies), partnerships and individuals. The code has established a new framework, with a regulator, insolvency professionals and detailed adjudication mechanisms. The code if implemented properly, will lead to pro-active and effective resolution processes re insolvency matters.

     

    You are currently partner at J. Sagar Associates, Chennai. What is your work profile there? Could you share your experience at the firm so far?

    I primarily deal with private equity, M&A and other corporate and commercial matters. JSA is a tier-1 firm both in capability and culture. JSA is known and stands for work quality, expertise and good values. The organisation inculcates and encourages good ethos and transparency in dealing with people, both internally and externally. It is also interesting to note JSA’s active involvement in pro-bono activities. This year being the 25th anniversary, additional pro-bono initiatives are under-way. This milestone is being celebrated by reaching out and giving in ways we can, so that others may be lifted by an experience of equality, empowerment and justice. I feel fortunate, proud and a sense of satisfaction being associated with JSA.

     

    Why the special interest in corporate laws and commercial laws with a special focus on mergers and acquisitions, joint ventures, private equity, general corporate matters and corporate compliance over a number of sectors?

    While I worked on a variety of matters during the initial two years of practice, I gradually realised I needed to focus on some area of practice. My natural inclination towards corporate/commercial and M&A matters made the choice easier. I think it’s important for any fresh law graduate to get a feel and sense of as many diverse areas of practice as possible, initially. At some point it will naturally lead to a focus in one or more areas of their liking if all goes well.

     

    Do you think the current demonetization of higher value Indian currency is going to boost the Indian economy?

    The market sentiments are polarised on this. Professional write ups, views and emotions are mixed and economists in some cases have taken a cynical view. While I am no expert on policy issues, I think the logic behind the policy measure is sound. Implementation of the policy is another matter and there possibly could have been more systems and checks put in place for it being more effective and reducing hardship to sections of people relying on physical currency in their daily life. But now that the policy is already in play, improvising implementation dynamically is the need of the hour. Whether the policy will actually meet its purpose and objective i.e. eradicate black money/counterfeit notes, weakens the parallel economy thus consequently leading to better GDP, digitalisation of payments and receipts etc., only time will tell. It is also important to measure the purpose and positive effects of the policy against the cost of implementation of the policy factoring in all adverse ripple effects created, in some objective manner to test the success of the policy.

     

    What were the challenges you faced in shaping up your career as it stands today and where do you see yourself ten years from now?

    It will be unfair to say I faced any material challenges in shaping my career. I was reasonably dedicated, took a keen interest in work and looked out for client interest while never diluting integrity. I did not see or think of them as challenges. I don’t know where I see myself in ten years. I just hope I have the strength and opportunity to do and continue to do what I like and proud of.

     

    Do you agree that law students with a corporate legal legacy (family background) are more likely to succeed in practicing it?

    Not necessarily. It may give a person an edge with respect to learning, networking and an immediate name in the market. But I believe one earns the tag as a good corporate lawyer over a period of time based on merit and work quality. Therefore, it is possible for lawyers without legal family lineage to also succeed, catch up, and even go past those who have it. It entirely depends on the individual, his/her capabilities and conviction. It needs to kept in mind that success is subjective, a state of feeling and difficult to be objectively measured.

     

    What is your parting message to law students and young generation lawyers?

    It is good to try diverse legal work for a few years before focusing on something more specialised. During the initial phase of your career, give more weightage to working with a good and reputed senior rather than the size of the firm, brand of the firm, pay package etc. Don’t give into placement/peer pressure. If often you do not feel a sense of pride/satisfaction relating to the work that you deliver, start assessing the situation as rationally as possible. Never hesitate to make drastic changes in the way you work or your career options when you are convinced the outcome will be more positive. But never make them in haste. Always think through, talk to well-wishers and more experienced people before taking any drastic steps relating to your career.

     

  • Sajai Singh, Partner, J. Sagar Associates, on work profile and experience in Corporate Commercial Practice

    Sajai Singh, Partner, J. Sagar Associates, on work profile and experience in Corporate Commercial Practice

    Sajai Singh graduated in B.Sc from St. John’s College, Agra and later qualified in law from Delhi University in 1990. Sajai is currently a partner at J. Sagar & Associates and the Chairperson of the firm’s Corporate Commercial Practice. Having experience spanning over more than 25 years, Sajai is an acclaimed transactional lawyer. Sajai has been the President of the International Technology Lawyers Association and is a member of the American Bar Association. In this interview he shares with us:

    • His college life, education and becoming a partner at JSA.
    • His experience as the past president of International Technology Lawyers Association, and also the field of Technology law.
    • The work entailed in his position and the field of corporate law dealt with.

     

    How would you like to introduce yourself to our readers, most of whom are aspiring lawyers?

    I am a first generation lawyer. My growing up years were spent moving from one cantonment to another as my father was in the Indian Army. Growing up in the army background bought a sense of discipline and commitment in me. I changed schools every two years if not earlier and my first exposure to living in a big city was when my father was posted to London and I joined him after completing my 12th Board exams, for one year.

     

    Could you tell us a little about your college life and why you decided to pursue a legal career?

    In college I studied Science. Chemistry was my favourite subject. Post College I studied Business Management and had an interest in International Trade. As I read more about International Trade, I realised the interplay and the key role played by Law.  It was the glue that made business possible in an organised and harmonious manner. Without the principles of law governing every aspect of business, a business transaction, like may others, would be anarchic. We had to keep referring to the ‘rules’ to answer any response to a ‘why’, a ‘how’ or a ‘what’. This was interesting, and at the same time intriguing.  That’s when I got interested in study of Law. Subsequently, I joined the Campus Law Centre, Delhi University.

     

    You completed degrees in B.Sc and PGD Business Management before pursuing law. Have these courses helped you in your work?

    Not just my qualification in Science and Business Management but also my secondary education in the Kendriya Vidyalaya system helped my overall growth and awareness, eventually assisting my study and practice of Law. Science taught me technical skills, while my Business Management background developed my analytical skills. My multidisciplinary exposure helps me understand the needs of my corporate clients better.

     

    What kind of activities did you take part in while at law school?

    Writing has always been a passion for me. While studying Law in the 80’s, mooting and debating opportunities were fewer compared to today. We made the most of the opportunities that came our way. Students today are blessed to have far more opportunities and avenues open to them. And they are not limited by geography.

     

    Did you do many internships while at law school? In retrospect, how important were these internships in shaping your career?

    Internship opportunities were few during my Law School days. I was, however, working while studying law. My passion for writing got me an opportunity in a leading advertising agency and I used to work in the copy department of the same. I also did part time work at Doordarshan and All India Radio. From the money I earned, I paid my rent and met my other needs. While the money I earned was not much, things were simpler, choices were scarce and my needs were simple. It were these life experiences that helped me realise the value of hard work.

     

    Having participated in a number of international programmes and workshops, what would you say were you biggest take-aways from each?

    I feel international exposure not only builds confidence for people from developing nations but also allows one to understand how to function in a flat world. The learning is both ways between developing and developed economies; between modern and ancient cultures; and between different professions. I have been lucky to have done courses in Wharton and with the Euromoney Institute. But the single most impactful experience for me was with the Centre of International Legal Studies/(CILS) Austria. I did a Certification Program in International Practice with them. This program took me to Dallas, where I spent 4 months working with the US law firm, Jackson & Walker. This time was an eye opener and prepared me for my forth coming move to set up open and run the Bangalore office of JSA in 1996.

     

    sajai-singh-1

    You have worked with J. Sagar & Associates (JSA) for 23 years now. Can you tell us the best and worst things about working in a corporate environment in general, and JSA in particular?

    I started my career as a Litigator. I moved to Corporate Law after 2 years of Litigation and Arbitration practice. I would recommend all future corporate lawyers to have some exposure to Litigation and the Court system before they shift work exclusively in the Corporate Law field. My tip on this point for aspiring lawyers would be to spend as much time in the Court Registry as they can. This exposure is key to understanding process and how the backbone of the justice system works. Contentious work develops quick thinking, contextualising and research ability, which is very useful for a Corporate Lawyer. While exciting in its own way, it may take time for Corporate Law work to replace the adrenal rush of arguing a matter before judge.

    My Experience in Corporate law field is limited to JSA. Therefore, I would not be able to comment in general about corporate law firms. JSA has been a very International, forward looking and broad canvas exposure for me. Its institutional character, ethical rooting and transparent interactions make it a very happy and comfortable environment to practice law in.

     

    As the Chair of JSA’s Corporate Commercial Practice, how do you recall your career traversed to bring you to your current position? What is your current work profile like?

    Since 1992, when I joined JSA, some months after it started, I worked extensively for multinational clients setting up business in India. Those were the years when India was slowly liberalising its economy and JSA was working closely with its overseas clients to try and maximise value for them as a part of their India entry strategy. Other than foreign exchange regulations, the other laws that I initially worked with were Company Law and Contract Law. With years of focus on these statutes I had a background which led to me being made the Chair of JSA’s Corporate Commercial Practice. It is my endeavour to continuously expand this practice including in areas that I am passionate about and feel will become strong practice areas in their own right very soon. These are Employment Law, Anti-corruption Law, Data Protection & Cyber Security. I am doing a fair amount of work in both these areas. In terms of my work profile, in addition to doing billable work, I am also expected to create a business development strategy, training schedules and curriculum, recruitment and HR needs and implement them for the overall growth of the practice.

     

    Please tell us how do you approach work with regard to management and delegation.

    As with any progression it is important to nurture the younger generation and allow it to grow develop and play a larger role. I follow the same principle in my practice. I have always been surrounded by brilliant young lawyers who have worked closely with me in delivering extraordinary service to clients. I believe in delegation. I believe in trusting my colleagues and their ability. At the same time I do feel a challenging is a good way to obtain the best performance. Unless a matter requires involved supervision or is evolving with time, I tend to keep my role limited to supervision and emerging essentials.

     

    Tell us about an interesting case you handled recently. What is your favourite part in the life cycle of a given matter or case?

    One of the recent anti-corruption investigations, that I worked on, involved out-of-the-box time critical thinking. Most of the challenges came from the human element rather than from a law or a regulator. And it is the ingenuity of the human mind that emerges as the most fascinating aspect of any transaction. Unravelling and anticipating this aspect is my favourite part. Using technology as an able tool has proven to be a wonderful experience.

     

    How did you develop an interest in Technology law?

    (Sajai was the immediate past-president of the International Technology Lawyers Association, which is a first for any Asian.)

    I have always been interested in new areas of law, which evolve with the development of Society. Be it Television Broadcast Law, Cable Television Law, Copyright Law, or information Technology Law, I have seen all of them evolve before my eyes and these have been fascinating experiences. I am sure there will be other and newer areas of law that will grab my fancy in the coming years. I look forward to that.

     

    Please give us some practical insight into the Information Technology sector in India juxtaposed with the same in the global context.

    From being the back office of the world, India today provides the world cutting edge consulting and advisory support. I see entrepreneurs come up with new ideas and technological breakthrough on an encouragingly frequent basis. I do hope India would evolve into an IT product, Software and Patent creations hub in the near future.

     

    Could you please provide us with some context in regards your long standing association with the American Bar Association?

    Since most of my clients were American Corporates doing business in India, I had to closely work with US lawyers and US General Counsel. These interactions led to me being invited to speak at several Seminars and Conferences, including those organised by PLC, IBA and ABA. These and many other associations welcomed me and my thoughts into their fold.

    ABA seemed a natural fit for my practice as it helped me understand the US legal landscape. My clients operated in this space and I had to keep abreast with it if I wanted to adequately service my clients, Thus began my association with ABA.

     

    Please tell us a bit more about the Private Equity and Venture Capital Committee that you are the Chair of.

    As a part of my leadership of the PE/VC Committee, I collated International experiences, regulations and understanding to what may be considered a cross border phenomenon – PE/VC investments. These collated thoughts, updates and experiences were presented to the Committee members at meetings and online.

     

    You conducted skill development courses on Negotiation and Transactional skills at the NLS Bangalore. What is the structure and curicula of this course?

    I like to teach and work with students. They have so many new ideas and life is looked at with different perspectives. As a part of this interest I taught at the National Law School, University of India Bangalore. Now due to time constraint I’m only able to conduct shorter skill development programs and not teach semesters as in the past. My Negotiation Skills and Transaction Skills Courses were focused on practical development of the students rather than on teaching theory. I wanted to provide my students with an opportunity to understand how negotiations are conducted in practice and the life cycle of a transaction with several live examples exercises and fact patterns. My students got an opportunity to role play in a controlled environment which I hoped would prepare them for the practice of corporate law.

    I also conduct legal workshops in different universities across the world as a part of my education initiative for ITechLaw. The recent ones that I conducted were in Colombia, Ecuador, Peru and Chile. I hope to conduct one in Cuba next year.

     

    What advice would you like passed on to an aspiring lawyer?

    My advice to any aspiring lawyer is to remain curious, ask questions and try to learn one new thing every day!

  • Divyam Agarwal, Senior Associate, J. Sagar Associates, on higher studies from LSE, cracking the AOR exam and experience in Litigation

    Divyam Agarwal, Senior Associate, J. Sagar Associates, on higher studies from LSE, cracking the AOR exam and experience in Litigation

    Divyam Agarwal graduated from Amity Law School in 2007 and went on to do a Master’s from The London School of Economics and Political Science (LSE) in 2008. Today, he is a Senior Associate at J. Sagar Associates and has extensive experience in Commercial & Civil Litigation matters as well as commercial arbitrations.

    A qualified Advocate-on-Record of the Supreme Court of India, in this interview Divyam shares with us:

    • The importance of learning the art of advocacy in law school through moot courts
    • His take on how to apply for Master’s at the prestigious LSE
    • Experience of working at a Tier-I law firm
    • The method of preparing for the difficult AOR Exam

     

    Please share with us how you chose to study law. Do you have lawyers in your family?

    While growing up, I had no specific inclination towards taking up law as a profession. With the passage of time and after closely observing my maternal grandfather who was a reputed taxation lawyer in UP as well as my father who is a chartered accountant, I realized that a person having knowledge of law thinks rationally and objectively in not only professional situations but also in day to day affairs of life. Though I was initially hesitant, after joining my law course, I developed a keen interest in law subjects, particularly those pertaining to dispute resolution. One thing led to another and I found my calling.

     

    How was your experience at Amity Law School?

    Studying at Amity Law School was a great experience. Apart from the regular course structure, we were given ample opportunities to participate in several moot court competitions and other such events. Another advantage of studying at Amity Law School was the fact that the college was based in Delhi and I got several opportunities to intern with practicing lawyers and well-known law firms.

     

    Could you tell us about the internships you undertook during this period? How do you believe one should structure their internships during law school to provide the maximum exposure?

    My internships were spread out evenly in the corporate sector as well as litigation. Even though my interest all along had been to pursue dispute resolution, in order to make a reasoned and well informed decision, I decided to intern in a corporate setup, so as to assess work involved therein and my inclination towards the same.

    It is advisable to evenly spread internships and gain exposure in maximum possible areas of law. This helps in identifying the right practice area. Another way for maximizing the benefits of internships is to link the internships with the nature of subjects which one is being taught concurrently in college.

     

    You were an avid mooter in law school. Please share with us your achievements and experiences in mooting.

    All law students must hone their oratory skills by regularly participating in moot court competitions. I represented my law school in many competitions and was fortunate to win several accolades. I was part of the team that won the national rounds of Stetson International Environment Law Moot and we represented India at the World Rounds held at Florida, USA. At the World Rounds, our team made it to the quarter finals and I was declared the third best oralist. My love for mooting continued even during my stint at LSE. I was part of the team that represented LSE at Willem C. Vis Moot held at Vienna. Mooting not only aided me in overcoming any possible unease in presenting my thoughts in an effective manner but also improved my inter-personal skills and confidence.

     

    What was your motivation to go abroad for higher studies? How should one go about applying for premier foreign universities like LSE?

    (Divyam pursued a Master’s from the prestigious LSE)
    Although it is a common perception that lawyers intending to practice in the dispute resolution sphere do not necessarily require higher qualification than LLB degrees and higher qualification is often considered to be a means for personal gratification, I have always been of the view that to truly understand the ethos and ever evolving dynamics of any subject, law or any other, it is imperative that one should refine their knowledge by pursuing higher education in their chosen field.

    LSE being one of the premier institutes was a logical choice. I was really impressed with the quality of the faculty for my area of interest. Also, from my research I noted that at LSE the emphasis during classes was on discussions and deliberations regarding practical application of theoretical concepts. This difference in approach was one of the key factors which made me opt for LSE. On a lighter note, the fact that I had been awarded the K.R. Narayanan Scholarship for my Master’s course at LSE made the decision a no brainer!

    Applications at LSE are considered strictly on academic merit. It is imperative to have a good aggregate coupled with mooting and internship experience. Aspirants should concentrate on preparing a focused Statement of Purpose and also obtain Letters of Recommendation from legal luminaries and academicians whom they have been associated with.

     

    How did you zero in on Arbitration as your specialization for your Master’s?

    Arbitration as an alternate dispute resolution mechanism has always fascinated me. In my law school days, courts were shaping the arbitration law at an alarming pace. Substantial advances had been made in foreign jurisdictions especially in the United Kingdom and the principles of alternate dispute resolution and arbitration were well established there. As such, when it came to my Master’s degree, understanding the nuances of international commercial arbitration was a natural choice.

     

    How was the experience at LSE? How do you think it has helped you?

    As clichéd it may sound, at LSE I had the best experience of my life. The whole spirit of LSE –taught by brilliant minds, sharing space with exceptional students from around the world and the overall vibe of the city– was really an enriching experience.

    I found my time at LSE to be both inspirational and essential formy future career. It has given me a broad understanding of the world from a legal perspective which I have found relevant to everything from work in the office to chats in the pub.

     

    Students wishing to pursue Master’s should prefer a chance abroad or in India?

    I believe every law student, given the opportunity, must go for Master’s abroad. The transnational exposure and interaction with lawyers/law students from other jurisdictions helps one in gaining invaluable experiences. It is definitely worth pursuing Master’s from abroad. It changes you in the way you think about everything around you.

     

    How did you proceed after your Master’s?

    In my final year of law school I had interned at J. Sagar Associates. During my internship, I was fortunate to receive a placement offer from the Dispute Resolution team. After the completion of my Master’s, I approached the firm and was given an opportunity to work with them. That’s how my journey with JSA began.

     

    How has the experience of working for the Dispute Resolution Team of a Tier I law firm been?

    (Divyam is currently a Senior Associate at J. Sagar Associates)

    Working at JSA has been an enriching experience. I have recently completed 7 years with the firm, yet each day I continue to learn something new. Each day possesses a different challenge and I look forward to the same. Initially, it was challenging to match the high standards of the organization. However, over the years I have been able to fit myself in and now I strive towards achieving JSA’s vision and mission.

     

    In a profession known to take its toll on one’s personal life, how do you manage to find time for yourself?

    Dispute Resolution is one of the most demanding practice areas. My day is a mix of court appearances, drafting, research work, client meetings and briefing senior counsels. The key lies in effective time management. One trick I have learnt and have followed over the years is to monitor my sleep cycle and squeeze some time either late in night or early morning and finish some chores at home. This allows me greater flexibility throughout the day and a window for attending to my family life. As Thomas Edison once said and I quote “Most people overeat 100 percent and oversleep 100 percent, because they like it. That extra 100 percent makes them unhealthy and inefficient”.

     

    Do Indian law firms value an LL.M. from abroad? Does the lack of an NLU tag hurt one’s chances?

    I feel in India you don’t get enough recognition or weightage for having obtained higher qualification. However, of late the trend has started to shift towards recognizing such higher qualifications, which bodes well for future aspirants who wish to pursue LL.M. from abroad.

    In so far as the lack of an NLU tag is concerned, I have not experienced any such discrimination. Unlike some firms around, JSA has a very open and acceptable culture towards other law schools. Here it is all about merit. You don’t get any extra stars for carrying an NLU chip on your shoulder.

     

    What suggestions would you have for aspirants looking at clearing the notoriously difficult AOR exam of the Supreme Court of India?

    (Divyam recently cleared the AOR exam and got the 4th rank)

    Be aware of the current legal position. There are so many legal initiatives which regularly notify us with new developments. Questions are often inspired by recent developments in law. Also it would be helpful to have practical exposure. Take time out and visit the Registry and Listing Branches of the Supreme Court with your office clerk and witness how court filings are actually done. This will really help you in understanding and appreciating the procedural aspect. And of course do not miss the lectures which are organized by Supreme Court Registry and Supreme Court Bar Association. They are very helpful.

     

    It is being debated whether there actually is a need of the AOR system in the Apex Court. What are your views on the necessity of the AOR system in the Supreme Court?

    AORs play a vital and constructive role in the justice delivery system. The court system being pyramidal in structure makes the Supreme Court as the Court of last resort, so it is imperative to have effective representation by an Advocate, who is trained and well equipped to deal with the niceties and requirements of the Supreme Court.

     

    Where do you see yourself a decade down the line?

    I live by what excites me in life. Presently, I am happy with what I am doing. The work continues to excite me and thus, I believe I see myself growing with the firm.

     

     

  • Jaya Kumar, Business Development Manager, J. Sagar Associates, on an unique work experience of Marketing+Law

    Jaya Kumar, Business Development Manager, J. Sagar Associates, on an unique work experience of Marketing+Law

    Jaya Kumar started out as a graduate of English Honours from Sophia College, Mumbai, then moving on to pursue a three-year law from G. J. Advani Law College, Mumbai, from 2005-2008. She decided to take an unconventional path of choosing Marketing over being a legal Associate, by first working with Rainmaker, then Trilegal, further moving on to I&S Associates, a corporate-commercial Indian law firm. She has now been working as a Business Development (BD) – Manager at J. Sagar Associates (JSA) since 2014.

    In this interview, she tells us about:

    • The experience of interning throughout the last two years of law college;
    • The reason behind choosing the managerial aspects of law over the more traditional ones of corporate law or litigation;
    • The experience of having worked for such different kind of firms, along with the different work profile she dealt with for each;
    • Her work as a Business Development Manager.

     

    How would you like to introduce yourself to our readers who are young lawyers and law students?

    I would call myself a lawyer by qualification, currently working as Business Development (BD) – Manager at J. Sagar Associates (JSA). I do understand law, but my interest is more on the marketing side of law. I have completed my English Majors from Sophia College, Mumbai, then proceeding to pursue a three-year law from G. J. Advani Law College, Mumbai.

    I started my career with Rainmaker, followed by Trilegal, then a stint at I&S Associates, and now at JSA.

     

    What prompted you to study law after completing your English Honours?

    I wanted to be a journalist, but as things planned out, I never got accepted in any journalism college, haha! My father kept telling me to opt for law, but I nevertheless reserved it as a backup plan. Thus I didn’t bother to make any serious efforts to apply in all the law colleges. I got accepted in G.J. Advani, and also since I am the third generation lawyer in the family, I opted for law as a career. However, I had no idea about the BD aspect of law. My internship at Rainmaker helped me to understand the details of marketing/ BD in the legal industry.  It was a new concept for me, and it sounded different and interesting.

     

    You are a graduate of the 3 years LL.B course from G. J. Advani Law College. Please tell us a little about your law school days. What kind of internships did you do?

    I was doing two internships simultaneously during the law college days (starting from the second year), one with a senior lawyer, Ms. Neelofar Akhtar at a Family Court, and the second one with Rainmaker, founded and co-founded by Mr. Sachin Malhan, Mr. Bhavin Patel and Mr. Ritvik Lukose, and they had just started developing products for the legal industry. My college timings were from 6: 30 am till 11: 30 am. I used to then go to the Family Court till 3: 00 pm, and thereafter to Rainmaker. I was trying to absorb as much as I could, in those two years.

     

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    What were your areas of interest during your graduation? How did you go about developing expertise and knowledge in these areas?

    As I mentioned earlier about my two internships, I was most interested in practical knowledge. Law for me was vast and strange till the first year, but by the second year, it started making sense in terms of both the theory and the marketing bit of the industry, because of the internships.

     

    Did you find that your law school education had prepared you sufficiently for the many tasks you were required to execute during your internships and later at your job?

    A law college only teaches you the theory part of the law, and not the aspect of marketing yourself or the firm, but I took it as a new curve in my growth, and learnt the unusual. Also, because I chose a different stream of work in the legal fraternity, I had more need of the practical aspect of the field of law, rather than the theory. Ironically, I never interned in any law firm, but I learnt on the job with Vahura, Trilegal, I&S Associates, and now JSA.

     

    Right after graduation, you joined Rainmaker as an Associate in their Sales and Marketing Department. What prompted you to choose the field of Marketing? How did you secure your appointment at Rainmaker?

    I applied directly to Rainmaker for an internship, and it all started from there. By my second year of college, I realised that if I put in more efforts, I can be a good marketing professional. After my internship, I decided to join Rainmaker as an employee, and started handling the Sales and Marketing for the Western India.

     

    What comprised your work in the Sales and Marketing Department as an Associate? What were the responsibilities you were entrusted with?

    At Rainmaker, we were developing products for law students and lawyers, especially litigating lawyers, and also people interested in LPOs. It involved travelling and meeting law schools, litigating lawyers and budding lawyers for whom joining LPOs was a good career option.

     

    Why have you chosen this particular avenue of Marketing and Business Development, and why not legal practice at a Corporate Law Firm?

    At my stint at Rainmaker, which is also a recruiting company for lawyers, I had not come across anyone doing BD as a full time job. After Rainmaker, I joined Trilegal and realised this is what I like, and because it was a different kind of work in the industry, I believed that the value of this kind of work will have more avenues once the market opens for international firms. At Trilegal, I had an opportunity to work with Allen & Overy (A&O), when the firms had a referral relationship. It was very exciting to work in that setup, and it made my decision stronger to do BD for a law firm, rather than provide a legal opinion, or do transactions.

     

     

    What led to your recruitment at Trilegal? Tell us about your recruitment process at Trilegal to our readers.

    When I was looking to move from Rainmaker, my mentor’s (at Rainmaker) wife was doing BD at Trilegal, and she was looking for a junior, as Trilegal was looking to build a BD team at the firm. He recommended my name to her. Mr. Karan Singh then interviewed me, and as I had some experience in sales and marketing, I was taken on board. I was lucky to work at Trilegal.

     

    Our readers would like to know about your work profile as an Associate of Business Development in a Top-tier law firm in India.

    As a BD professional, I am involved in the indirect marketing of the firm by assisting in the visibility of the firm. I assist the partners and the firm, as a whole, to maintain their presence in the market. Sector tapping and industry intelligence is another part of my job, along with helping the firm market itself, both nationally and internationally.

     

    What kind of Business Development skills should one require working in a Top-tier law firm like Trilegal?

    No law school or MBA school can teach you marketing in a legal firm, but the most important thing that one should have is the will to learn and take a risk of doing something different from the peers. Be it Trilegal or any other law firm, at a starting point, one should research well  on things such as what BD of a legal firm actually means, why a law firm is not allowed to market themselves, and what the difference between a direct and an indirect marketing is. Knowing some law helps, but even if you don’t have a law degree, you can still join the BD team. These skills can only be learnt on the job, but if BD is what one wants to be a part of, one has to be a people’s person, along with having a good hold on the language.

     

    You have worked with Trilegal [Mumbai office] for nearly 2 years and 5 months, as an Associate of Business Development of the firm. Share your work experience in brief to our readers. Was the work schedule hectic at times?

    Trilegal was the first law firm I worked at. My practical learning of BD at a law firm started then. I was lucky to work at Trilegal, and at a time when they had a referral relationship with A&O, it broadened my platform of learning. I did put in long hours, as I was new to the concept of BD, and I really wanted to understand and learn this side of the legal sector. Trilegal was very supportive.

     

    How did you start working at I&S Associates?

    I wanted to start growing as a professional and start implementing BD strategies, rather than only execute them. A friend who knew about an opening in I&S helped me get an interview slot there, and hence the job.

     

    You have worked with I&S Associates as a Head of the Strategy and Relationship segment. Tell us about your work experience at I&S Associates.

    I&S was a small firm founded by Ms. Anuradha Iyer and Ms. Bakhtiar Sunavala,and it gave me a way to start implementing my ideas. The partners were very cooperative and understanding about the new concept of BD. I was in I&S for two years.

     

    Currently, you are working as a Business Development Manager of J. Sagar Associates. How did you secure your appointment at J. Sagar Associates? Did you get an offer from the firm?

    JSA Mumbai was looking for someone who can do BD for their firm, and my name was recommended by Ms. Anuradha Iyer to Mr. Akshay Chudasama, who was looking to expand the BD team, and he then interviewed me. I then met Mr. Berjis Desai and Ms. Dina Wadia for the final confirmation. I was fortunate that they offered me the BD – Manager position.

     

    How difficult would you say it is, changing workplaces and creating a comfort zone all over again?

    With experience, it’s just a matter of time about how professional you are to be able adjust in a new place. One has to understand the culture of the firm, and take baby steps to make their mark. In my view, it’s not difficult to create a comfort zone all over again if the person is willing to learn. There are adjustments in any new place, but we have to learn to gel and focus on the growth, and other things will fall into place.

     

    Kindly walk us through your role at JSA. How different is it being a Business Development Manager from an Attorney?

    As the BD – Manager of the firm, I assist the firm in sustaining their visibility in the market. My role is to assist the partners and the firm as a whole, to develop new client relationship and strengthen the existing client relationships that we have. I help with the client events, deal submissions, cross – selling, proposals and pitches, attending conferences and also helping the partners to attend the relevant conferences/ seminars, rebranding, market intelligence and sector tapping, help the attorneys network etc.

     

    What are the main qualities that one should acquire to be successful in the Business Development field? Please share with our readers.

    Patience is the key to be successful, and as there are no specific courses or graphs that one can follow, it takes time to get the grip of the type of role a BD person needs to do. Also as attorneys are mostly busy with the deals, a BD person needs to follow up, not once, not twice, but several times, to get the information from them, and then send it out to the public domain. This needs patience, and an understanding that BD is important, but delivery to the client is also important for the partners and attorneys. As they juggle between everything, all they need is our support to market what they work on.

     

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    How is your experience so far? What is your workday like? Are there new challenges every day or did work fall into a predictable pattern?

    My experience has been very good till date. I am fortunate to have worked with the best since I started my journey. As all of us know that with lawyers nothing is predictable, and thus, most days are filled with some or the other kind of work. The category of work may be similar, but different clients have different demands. I am informed of these demands by the attorneys, and then I have to customise the research and information. Challenges are there, but with JSA being a very supportive and cooperative firm, work gets on time.

     

    What would be your parting message to law students who want to be successful in the Business Development field, and want to work as a BD Manager in a top-tier law firm like you?

    Nothing comes easy, so remember to have patience, and do not shy away from the hard work. As a BD professional, you will be the odd one out in the firm, but let that work in your favour, rather than making you feel lost. BD is an important function of the firm, so put your best foot forward to understand which firm requires what kind of BD, since some will need aggressive marketing, while some only need their visibility to be sustained.  Do your research on the firm and the partners of the firm well.

    Choose the right firms, but always choose the learning before anything.