Super Lawyer

Tag: Law Firm

  • With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases- Kanika Bhardwaj, Founder of Kanika Bhardwaj Law firm

    With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases- Kanika Bhardwaj, Founder of Kanika Bhardwaj Law firm

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

    Can you tell us about your journey and how you ended up becoming a lawyer? What drew you to the field of law and motivated you to establish Kanika Bhardwaj Law Firm?

    My journey till date has been full of ups and downs. There were several issues from time to time. Being a first generation lawyer, I have started from scratch. There was a lack of resources, there was no office ( I used to keep my files in my car and used to meet clients at canteen or CCD.) But I must say consistency is the key and then obviously one must be passionate and love what they do. If you are not passionate about this profession, I can bet you will eventually quit. So step in this profession only if you are passionate about it. 

    I always wanted to be a lawyer. So this was fixed.  It is not the case of mine where I landed up in court with the flow. I knew this place was for me and I must get in. 

    Moreover the idea of establishing a Law Firm was there in my mind since 5th year of mine because to be honest, I did almost 12-15 internships during my college days. I knew everything in and out about the courts and I understood that litigation can only be successful if you have clients on table. If there are no clients, no cases, no matter how good you are, your practice will be considered as “FAIL”. So I started moving towards my goal of establishing a law firm and bringing clients to the table since the day one I got my Certificate of practice. 

    Kanika Bhardwaj Law Firm has been providing legal services in both litigation and the corporate sector. Could you elaborate on the types of cases, matters, disputes, and legal compliance that your firm handles on behalf of clients?

    We are dealing in hard core litigation in criminal, civil, family (matrimonial) cases. 

    We also handle matters in the High court & Supreme court of India which includes appeals, writs, SLP’s, Statutory appeals, Transfer petitions etc.

    Plus we are on panel of companies and start-ups (national & international) and handling their legal department which includes contract/ agreement drafting, legal support in meetings, all sort of legal documentation, handling employer-employee issues, arbitration support, Data protection support and alongwith this we also as “Out-House Counsel” for  these companies who choose us to be on their panel or get associated with us.

    How do you develop innovative legal strategies for your clients to ensure they are always a step ahead in each case, matter, or dispute? Can you provide an example of a successful strategy you implemented?

    Every case is different just like every body and mind is different. So legal strategy always depends upon the facts of a case and also depends upon what relief does a client want. When you are in defense, you have to find loopholes in law and process, when you are for complainant or petitioner you have to make sure that a single loophole is not left. So the strategy keeps changing depending upon case to case. 

    Moreover I make sure that my clients update me with each and every information and detail of the case so that I can make a winning strategy. At times the clients also give incomplete facts or they hide some crucial part of the facts. So the first thing I do is to make the client comfortable and take out every detail of the story that I need to know for the trial.

    Second thing I usually do is to know about the opponents. It’s a saying that you win half of the battle if you know your opponent. 

    Then I come on the laws and procedures and then finally I support my case with judgements/ precedents. 

    I also make sure to go through the facts of the case again and again for the pleadings and trial. Also I focus very much on the drafting part. Drafting is very important. I have seen some lawyers randomly draft a case through a stereotyped draft. This is wrong practice. 

    Drafting should be done carefully as the draft of the case is the foundation of the entire case. Whatever you have drafted, you cannot contradict or change the same till the Supreme Court of India. So draft carefully and take proper time in the drafting part. 

    So this is how I go but again there are several stages in between which again depends upon the facts of a case and relief that client wants. 

    To make sure that my client is one step ahead, I always keep advising my client from time to time what steps he has to take, what all evidence he has to arrange, what things he should do and shouldn’t do during the trial. At cross-examination, I make sure my client reads every detail of the file and I tell him how to answer while he is being examined. I stay connected with the client and keep him one step ahead.

    Your firm strives for legal excellence while appreciating the commercial environment in which your clients operate. How do you strike a balance between personal approach and high professional standards in delivering comprehensive legal services to your clients?

    I believe that a lawyer should not develop any personal sort of relationship with the clients. It should always be professional which makes it easier for a lawyer to work and clients also respect the same. If one develops a personal bond with the clients, the client will not take the lawyer and his instructions seriously after one point of time. A client should always have a professional picture of a lawyer in his mind. Personal approach should only be limited to an extent if a client wishes to express his emotional side in regard to his case or general/ basic information about any relevant issue.

    Could you share some insights into the team at Kanika Bhardwaj Law Firm? How does the management and operations function within the firm, and what role do you as a founder of the firm play in the decision-making?

    So we have 3 juniors as of now, one office boy, one clerk and 5-6 interns which keeps changing. Whenever we get a fresh case, the juniors do the drafting, share it with me, I finalize the draft. Meanwhile the juniors do the research work, find relevant judgments on the same. Clerk is responsible for all the fillings in the court, getting the orders, keeping a record of cases and maintaining the files and other clerical work.

    We do have a team for legal drafting too. But the final draft of the case or any legal document is always finalized by me personally. 

    Kanika Bhardwaj Law Firm handles a wide range of practice areas, including civil litigation, labor law, arbitration, corporate law, intellectual property rights, and more. How does your firm ensure expertise in such diverse areas, and what is your approach to handling different types of cases?

    With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases. 

    The stages in all these cases are almost the same. Every Act follows the process of CPC or CrPC. And one should also thoroughly know the Evidence Act.  The exception if any and the way of challenge, appeal of an order, the jurisdiction etc. is given in the Act itself. So if you read, everything is there in the Act itself. One just has to follow it. It is not rocket science. 

    According to me a lawyer should know everything, learn everything and do everything until he comes to a level where he can earn in Lacs for 1 hearing.

    I always aimed to provide services in diverse areas, I never wanted to restrict myself in a particular field. A lawyer should have knowledge of everything. 

    Also the expertise comes from experience. The more and different cases you will do, the more experience and expertise you will have. It is a simple funda. 

    Plus, it is very important to have the right kind of networking with seniors and other important people. At times there can be a situation where you are stuck, so one must have the right connections who can help you out in such situations. We make sure that we have the resources, networking, knowledge, expertise and skills to manage different cases. But all this is not built in a day. It cannot happen in a few days or months. It took 10 years to come this far and maybe it will take a few more years to reach a certain level where I have always dreamt of.

    In addition to handling cases in various courts and tribunals, your firm also offers retainership and contract-based legal services. Could you explain how these arrangements work and how your firm maintains effective communication and updates with clients?

    The empanelment of law firms or lawyers in government and private companies is common. We act as an “out house counsel” for several companies (both nationally and internationally) and handle their internal and external legal matters and drafting of their documents e.g. contracts, agreements, NDA’s, Legal notices, arbitration support plus we handle their litigation in court. We also provide the companies and start-ups legal advice they need from time to time. 

    For all internal issues, drafting of legal documents, legal consultation, IPR and data protection related issues we charge a monthly retainership amount depending upon the work burden of a company or start-up. And in case there is any litigation, we charge extra for court cases and the fees are pre-decided. So this is how it goes. 

    Initially the issue or drafting comes to juniors, they give me a basic draft, and then I finalize it.  The court hearings are attended by me personally. 

    All the communication is via mail and virtually via zoom or google meet. If required our office is always open on working days and working hours for in-person meetings. 

    The legal landscape is constantly evolving. How do you stay updated with local and international legal developments that may affect the interests of your clients? How does your firm adapt its strategies to incorporate these changes?

    We all stay updated with the latest judgements and rules.  Nowadays several websites online keep us updated on latest judgements, rules and amendments. Several webinars are being arranged. In fact, lawsikho is one such website that helps us stay updated. 

    For judgments we have SCC and Manupatra access plus we have access to several other newsletters.

    The scenario has now changed a lot. With the digitalization in the legal profession, it is very easy now to stay updated with national and international laws. 

    Also we keep ourselves updated from international bar associations and their pages plus we are also connected to lawyers and researchers who are working in relevant fields internationally if we want to know any specific law/ rules or guidelines. 

    As a successful lawyer and founder of Kanika Bhardwaj Law Firm, what advice would you give to fresh law graduates who are starting their careers in the legal field?

    Today I have seen the law students and fresh law graduates directly in order to maybe show- off or for whatever reason directly start their internship or practice from supreme court or high profile law firms which is a major mistake. I can bet you will not understand a word there and you will end up wasting your time. 

    The right way is to start from ground level. Start from district court. Learn Trial; learn basic things e.g. filling of a case, filing of summons, learn the art of cross- examination, the stages in civil or criminal case. Once you have mastered this, and then go to the High court/ Supreme Court. Then you will be able to understand the process and arguments in upper courts. 

    If you start from High court or Supreme Court directly, you will not know how to conduct a proper trial or you won’t be able to handle a case individually. 

    So start from the scratch, there is no short-cut. 

    Get in touch with Kanika Bhardwaj-

  • As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities- Arvind Thapliyal, Partner at P&A Law Offices

    As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities- Arvind Thapliyal, Partner at P&A Law Offices

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

    Sir, can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?

    My journey towards pursuing law has not only been quite unexpected but also deeply influenced by personal experiences. Initially, as a science student, I was considering a career in engineering due to the IT boom as was going on at the time. However, after my class 12 exams, my father introduced me to one of his friends who happened to be a lawyer. This encounter sparked my fascination for law, and I decided to explore it further.

    To pursue my newfound interest, I joined Career Launcher to prepare for CLAT (Common Law Admission Test). The preparation period allowed me to delve into the world of law and understand its complexities and vastness. It was during this time that I realized the impact legal knowledge can have on people’s lives and how it can be used to resolve disputes and bring about justice.

    One significant motivator for me was a family dispute that my parents went through. Witnessing their mental struggle during that time made me realize the importance of legal expertise in navigating such challenging situations. I wanted to equip myself with the skills and knowledge to help others in similar circumstances.

    With this drive and motivation, I took admission in ICFAI Law School to formalize my legal education. I believe that my prior experiences and the impact of witnessing my parents’ struggle have shaped my determination to pursue a career in law. I am eager to continue learning and growing in this field.

    With over 13 years of experience, you have dealt with a wide range of legal issues such as civil, criminal, insolvency, contractual, and labor/employment disputes. Can you share some of your most significant cases or achievements that highlight your expertise in these areas?

    As a first-generation lawyer, I started my journey by gaining experience in the district court, where I was involved in inspections of various case files before different courts. This experience provided me with invaluable knowledge about the procedural aspects of the law and the different stages of any legal proceedings, which was crucial for a rookie like me. It allowed me to understand the nitty-gritty details of how the court system functions at Distt. Court level where more than substantive law, procedural law is crucial.

    After gaining some experience, I was fortunate to be exposed to both domestic and international commercial arbitration. This gave me the opportunity to be part of teams handling significant cases, such as a complex contractual dispute before the London Court of International Arbitration and a concurrent delay dispute in a construction contract before the ICC (International Chamber of Commerce). These cases required in-depth understanding of the applicable law (both governing and substantive) and expertise in handling complex legal issues.

    Additionally, I have had the privilege of working on various cases related to admiralty law before the Bombay High Court. Admiralty law deals with legal matters concerning maritime activities and maritime disputes. The case started with working for a release of a ship arrested due to non-payment of some dues, which we were successfully able to do in the shortest possible time. This experience has broadened my understanding of this specialized area of law.

    Furthermore, I have also worked on cases related to the Prevention of Money Laundering Act, 2002, The Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act 1999 and other criminal cases including ones involving the Central Bureau of Investigation (CBI) and Serious Fraud Investigation Office (SFIO). These cases required a comprehensive understanding of criminal law and the ability to navigate complex legal proceedings of both substantive as well as procedural law.

    Overall, my diverse experience in handling a wide range of legal issues, including domestic and international commercial arbitration, admiralty law, and criminal cases, contractual disputes etc., has equipped me with a well-rounded skill set. I believe these experiences have honed my legal acumen and prepared me to take on new and challenging cases in the future.

    I have also represented multinational conglomerates in various proceedings for effective implementation of an approved Resolution Plan under Insolvency and Bankruptcy Code, 2016. These proceedings included Writ Petitions, Company Applications, Arbitration Applications and Special Leave Petitions before various Forums.

    In the span of 13 years of my legal profession till now, I have conducted various cases and represented many clients before various forums. However, I am restricting myself here to the cases which are on top of my mind currently. 

    Your profile mentions your proficiency in handling arbitration and court proceedings. Could you provide examples of complex arbitration or litigation cases you have handled and the outcomes you achieved?

    Every case comes with its own unique issues and complexities, either factual or legal, wherein each party in its own belief considers itself to be right and the opposite party to be wrong. As a lawyer, it is our duty to guide the client as to the validity of such belief on the touchstone of prevalent law and to represent the client before any adjudicatory forum to the best of our capabilities.

    One example of a complex arbitration case I was involved in pertained to a derivative contract. At the time, the law in India regarding derivatives contracts was still developing, particularly concerning the validity of various derivative contracts under Indian law. This dispute required a deep understanding of the interpretation of the International Swaps and Derivatives Association (ISDA) agreement, which is an internationally recognized framework for derivatives contracts.

    As part of a legal team representing an Indian company, I had the opportunity to be involved in this arbitration before the London Court of International Arbitration (LCIA). It was a challenging case as we were face-to-face with renowned international law firms, dealing with intricate issues related to the applicability of Indian law intermix with English law, and its impact on derivative contracts governed by the ISDA agreement. This early exposure to English law and its interaction with Indian law proved to be an eye-opening experience for me.

    Subsequently, I had the privilege of serving as co-counsel in another international commercial arbitration before the International Chamber of Commerce (ICC). This case revolved around a concurrent delay issue, further expanding my exposure to international law and its practical application in resolving complex disputes.

    Moreover, I had the opportunity to represent a client in a highly controversial future contracts issue, which garnered significant attention and media coverage. This case ultimately led to appearances before various forums, including the courts of the Central Bureau of Investigation (CBI), the Prevention of Money Laundering Act (PMLA) court, and the Maharashtra Protection of Investors Deposit (MPID) court.

    These experiences in complex arbitration and litigation cases have not only sharpened my legal skills but have also exposed me to a wide range of legal forums and international legal frameworks. They have further fuelled my passion for representing clients and navigating the intricacies of the law in challenging and high-profile matters. 

    As a skilled mediator, what strategies or approaches do you use to successfully resolve disputes and reach favourable outcomes for your clients?

    As a skilled mediator, I believe that successfully resolving disputes and achieving favourable outcomes at least in mediation proceedings requires a focus and understanding of managing the people involved rather than solely focusing on the dispute itself. In mediation, it is essential to create an environment that fosters amiability and allows the parties to approach the dispute rationally.

    One key strategy is to address and satisfy the ego of the parties involved. Until allegations and blame games are set aside, tempers will likely escalate, and reaching a resolution becomes challenging. By acknowledging and understanding the emotional state of the parties, we can create a conducive atmosphere for effective mediation. It is crucial to empathize with their perspectives and put ourselves in their shoes, as this increases the likelihood of finding common ground and resolving the dispute.

    However, when the proceedings shift to a legal forum, such as arbitration or other formal legal processes, the approach changes. In those situations, the focus shifts towards applying the relevant law and assessing its applicability to the specific case. While legal proceedings require adherence to applicable laws, in mediation, the emphasis is on addressing the underlying interests and concerns of the parties to achieve a mutually agreeable resolution.

    In summary, successful mediation involves skilfully managing the parties involved by creating an environment that encourages open dialogue and rational problem-solving. Understanding the parties’ mindset and satisfying their egos can pave the way for productive negotiations. In contrast, legal proceedings rely on the application of law to determine the outcome of the dispute.

    Your career progression shows that you have worked with various law firms and represented clients before different courts and forums. How have these experiences shaped your skills and knowledge in legal drafting, case management, and client handling?

    Throughout my career, working with various law firms and representing clients before different forums has significantly shaped my skills in case management and client handling. During my early years in the profession, I had the opportunity to handle a diverse range of cases, including commercial arbitration at both domestic and international levels. Although initially, my access to client handling was limited, however, as I gained the firm’s trust and acquired more experience in the field, I gradually took on client handling responsibilities as well.

    This exposure to client handling provided valuable insights into understanding the mindset of clients and the challenges they face. Each client is unique and requires personalized attention in terms of their expectations, concerns, and preferred communication style. It taught me the importance of building rapport and trust with clients while managing their expectations throughout the legal process. Clients not only seek a favourable outcome but also expect a high level of professionalism, effective communication, and timely updates from their legal counsel. Additionally, I realized that the drafting requirements for each client vary significantly. Some clients prefer a simple and straightforward language, while others may prefer a more assertive or aggressive tone, depending on the nature of the case and specific circumstances. This understanding comes with experience and often involves a trial-and-error approach to find the best approach for each client.

    Furthermore, when I transitioned to a new law firm, I had to adapt my writing practices to suit the firm’s preferred style and meet client requirements. This adaptation was necessary for convenience, ease of review, and consistency within the firm’s established formats. In many cases, clients or firms prefer to adhere to a well-settled format, as it minimizes unnecessary changes and allows for efficient review processes. This expectation is not unreasonable, especially when there is a significant workload to manage and review.

    In summary, my experiences with various law firms and client representations have honed my skills in case management and client handling. It has taught me the importance of tailoring my approach to suit each client’s unique expectations and needs while also adapting to the practices and formats preferred by the firm. Flexibility, effective communication, and a client-centric approach have been key factors in providing quality legal services and achieving successful outcomes for my clients.

    The Insolvency and Bankruptcy Code (IBC) is one of your key competencies. Could you share some insights into your experience with IBC, including any major amendments or court precedents you have studied and applied in your work?

    Since 2018, I have had extensive experience with the Insolvency and Bankruptcy Code (IBC), which has undergone multiple amendments and continues to evolve. These amendments reflect the dynamic nature of the statute, addressing the evolving needs of stakeholders and providing clarification for the courts and parties involved.

    My journey with the IBC began when I was entrusted with handling a client that had successfully acquired a stressed asset under the provisions of the IBC. Despite the clarity available in law at the time, my client faced numerous challenges and demands during the implementation of the approved resolution plan. Through collaborative efforts with my team and guidance from senior partners, we navigated these challenges by presenting our arguments before various courts and forums across the country. This experience allowed me to understand the unique aspects and procedural nuances of different high courts, as I travelled to Allahabad, Bombay, Jammu, Odisha, Nainital, and others.

    One notable accomplishment during this journey was successfully challenging and defending a criminal prosecution of my client based on a recent amendment to the IBC. This resulted in one of the most recent high court orders (at the time) quashing the criminal prosecution against a corporate debtor that had been successfully resolved under the IBC. This order marked a significant development and showcased the evolving legal landscape surrounding insolvency matters.

    Additionally, I have also successfully challenged statutory demands based on the provisions of the IBC. By closely analysing the relevant provisions and aligning them with our client’s case, we were able to defend against these demands effectively.

    Overall, my experience with the IBC has provided me with valuable insights into its evolving nature and the challenges faced by stakeholders. Through handling complex cases and navigating various courts, I have developed a deep understanding of the IBC’s intricacies and the practical implications of its amendments.

    Throughout your career, you have represented diverse corporate clients. How do you effectively manage client relationships and ensure their needs are met while navigating complex legal matters?

    As already stated above, each client comes with a specific set of problems and expectations. Effectively managing client relationships while navigating complex legal matters requires a delicate balance of understanding the client’s perspective and expectations while providing candid advice and managing their expectations realistically. 

    Open and transparent communication is key. It is essential to be candid with clients about what approaches are feasible and what may not work within the legal framework. False hopes should be avoided, and instead, clients should be provided with a comprehensive understanding of the pros and cons of different strategies, enabling them to make informed decisions. Clients appreciate being involved in the decision-making process and having a clear understanding of the potential outcomes.

    Timely and regular communication is crucial in maintaining strong client relationships. Clients value being kept informed about the progress of their case, any developments, and upcoming milestones. Maintaining clear records and documentation ensures that both the legal team and the client have an accurate and up-to-date understanding of the case. This enables clients to have a comprehensive record of their legal matters and facilitates effective collaboration between the client and the legal team.

    Additionally, actively listening to the client’s concerns and objectives allows for a deeper understanding of their needs and enables the legal team to tailor their approach accordingly. Regularly seeking feedback from clients ensures that their expectations are being met and provides an opportunity to address any concerns promptly.

    In summary, managing client relationships in complex legal matters involves clear and honest communication, managing expectations realistically, providing comprehensive information about potential outcomes, maintaining timely and accurate communication, and actively listening to and addressing client concerns. By striking the right balance between understanding the client’s perspective and providing expert legal advice, client relationships can be effectively managed and successful outcomes achieved.

    Q8. With your extensive research skills, how do you stay updated with the latest legal developments, court precedents, and amendments? How important is it to stay abreast of these changes in your field?

    Staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice to clients. It is important to be aware of changes in the law as they can significantly impact legal strategies and arguments in a case.

    Being up to date with legal developments allows a lawyer to understand the evolving legal landscape and adapt their approach accordingly. It helps in identifying new arguments or defense that may arise from recent amendments or court decisions. Conversely, it also ensures that outdated provisions or precedents are not relied upon, which could lead to embarrassing situations in court.

    In today’s digital age, there are various resources available to stay informed about legal developments. Social media platforms, legal news websites, and legal research applications provide prompt updates on important cases, judgments, and legislative changes. These resources offer convenience and accessibility, allowing lawyers to tap into them for relevant updates in their practice areas.

    Engaging in thorough research is a valuable tool for a lawyer. Researching and analyzing relevant case laws and precedents help in understanding different interpretations of the law and can strengthen the arguments put forth in a case. Additionally, discussing legal matters and exchanging knowledge with colleagues can broaden the information source and provide different perspectives on legal issues.

    In summary, staying updated with the latest legal developments, court precedents, and amendments is crucial for a lawyer to provide effective representation and advice. The availability of digital resources and engaging in research and discussions with colleagues help in staying abreast of such changes, ensuring that legal strategies are informed, current, and aligned with the most recent legal developments.

    Could you share a challenging case you encountered and the innovative solution you developed to overcome the legal risks and complexities involved?

    In one challenging international commercial arbitration case, the opposing party had made a demand for breach of contract wherein various transactions were executed between the parties. However, upon reviewing the agreements between the parties, we discovered a loophole. One of the agreements stated that the transaction in question would be subject to the law of the country where the entity was registered.

    Taking advantage of this loophole, we developed an innovative solution. We argued that the entire transaction should be deemed void based on the law of the country where the entity was registered, without delving into the nature of the transactions or the parties’ breach of obligations. Our argument focused on the interpretation of whether a transaction not mentioned in the list of valid transactions should be considered valid or whether the lack of inclusion in the list rendered it invalid.

    This case demonstrated the importance of thorough contract analysis and creative problem-solving in finding alternative legal arguments to support our client’s position. By identifying the loophole and developing an innovative argument, we were able to overcome the challenge posed by the opposing party’s breach of contract claim.

    Lastly, what advice would you give to fresh law graduates who are just starting their careers? Based on your experience, what key qualities or skills should they focus on developing to succeed in the legal profession?

    For fresh law graduates starting their careers, here are some key advice and qualities/skills to focus on developing:

    1. Gain Procedural Law Exposure: It is essential to have a good understanding of procedural law, as many litigations originate from district courts where procedural aspects play a significant role. Familiarize yourself with court procedures, filings, and the rules governing different types of cases. This knowledge will be valuable when handling litigation matters.

    2. Research Skills: Cultivate strong research skills, as they are the foundation of a successful legal practice. Learn how to efficiently find and analyse legal precedents, statutes, and relevant case laws. Being able to navigate through legal databases and stay updated on the latest legal developments will give you an edge in providing well-researched advice and building strong arguments.

    3. Perseverance and Industry: Consistency and hard work are crucial in any profession, including law. Embrace the challenges and setbacks that come your way and maintain a determined attitude. Success in the legal field often requires continuous learning, adapting to changes, and consistently putting in the effort to excel. Perseverance will help you navigate through tough times and emerge stronger.

    4. Effective Communication: Develop strong communication skills, both written and oral. Clear and concise communication is vital in conveying legal concepts, negotiating, drafting documents, and representing clients effectively. Practice and refine your ability to communicate complex legal issues in a way that is easily understood by clients and colleagues. One of my mentors always used to say, if you are not able to state the problem in less than 3-4 lines that means you have still not understood the crux of the problem which needs to be addressed.

    Get in touch with Arvind Thapliyal

  • “Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues”- Sukrit R Kapoor, Partner at King Stubb & Kasiva, Advocates and Attorneys

    “Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues”- Sukrit R Kapoor, Partner at King Stubb & Kasiva, Advocates and Attorneys

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

    As a conversation starter, please tell us about how you ended up pursuing law as a career?

    I used to identify myself as an accidental lawyer, but with over a decade behind me since law school I am confident that I was meant to do law. It was through some family friends’ recommendations and guidance from a career counsellor that I ended up prepping for law school entrance exams in the pre-CLAT era and thankfully I landed up at GNLU, Gandhinagar.

    Although my earlier aspirations were to pursue accountancy (largely attributable to my having been brought up in Gujarat where pursuing CA has been a perpetual trend) I realised shortly after graduating from GNLU in 2011 that my natural acumen is much better suited for practicing law.

    Could you please tell us about the challenges that you faced when you switched to practicing law in India?

    So after spending a few years abroad and working with international organizations I realized that I did not want to limit myself to a particular area or a particular court. I figured my ability to crack a regulatory or legal framework in a short span of time worked equally well a variety of practice areas.

    With this the natural step was to transition to practicing law. The biggest challenges were making decisions, being to either practice in Delhi or elsewhere, sticking to chamber practice or moving towards consulting.

    In the present day I identify myself as a legal strategist and consultant focusing on corporate and commercial disputes. Dabbling in various avenues of practice and gaining a perspective on where I am best suited was the prime challenge and I hope it continues to remain one as a constant growth curve leads one to redefining their position of contribution.

    What according to you are the key drawbacks in the current legal and disputes landscape in India? 

    I think this question is better suited for a thesis. But just at the top of my head, while since Covid we have seen a much welcome transition towards adoption of technology by the Indian judiciary, the impetus must continue to bring further transparency and swiftness in the disputes landscape.

    Another challenge that I realise is the disparity in the pay structure for young lawyers, and I partly hold law schools responsible for this. See, a medical school is very closely attached to a hospital where a medical student deals with the rigours of practicalities in an operation theatre or a ward and emergency. However, law schools due to multifarious reasons have the ability to offer mostly theoretical knowledge. A young lawyer even from the best of law schools may not be able to appreciate the nuances of drafting even a basic affidavit from day one; whereas it is rather standard to expect a MBBS to perform stitches on a patient even prior to their graduation.

    While internships may offer some bit of exposure, not every internship will turn out to be as equally rewarding in terms of learning. Combining research acumen with a pragmatic approach will help increase the preparedness for young lawyers.

    What difference do you see between the legal education system abroad and the one in India?

    Speaking from my experience of having pursued a LLM in UK, one of the key differences is the method of pedagogy. Law schools in UK are a lot better equipped for seminar-based interactions whereas courses at Indian law schools are still largely structured around lectures.

    Additionally, the method of taking exams is also significantly different as UK law schools assess their students through take home exams which hone their research and legal writing abilities significantly.

    What keeps you motivated at work? 

    Thankfully many things.

    I have the constant urge to know answers to my clients’ questions before they ask them and presenting the way forward. I believe that’s the very foundation of expectations of a an in-house counsel from an external counsel and more so when concerning disputes and litigations.

    Along with this I have the support of a great team (both mentors and colleagues) at King Stubb & Kasiva which only multiplies my motivation.

    Given a hectic schedule, please tell us about how you spend your time off.

    Over the years my definition of time off has changed significantly. As a disputes counsel one really needs to shed the ideas of weekends, etc., as that’s when a lot of work actually takes place in terms of briefing conferences, arbitration proceedings and mediations.

    While a lot of people highlight the adversities of glorifying long working hours and I do partly agree, balancing the time with a huge chunk falling in favour of spending time doing law is the requirement for any counsel who seeks to add value.

    During the time I am not doing law, I tend to interact and catching up with family and friends, planning for travels and travelling, reading and some bit of occasional kite-flying.

    Lastly, please tell our audience about the lesson you have learnt the hard way.

    Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues.

    A lot of people may say that one should be patient but not many can explain how to achieve it. Patience is actually a great quality for a disputes counsel, and this requires putting in a lot of work to have complete clarity.

    Get in touch with Sukrit R Kapoor-

  • “Having been able to positively make a difference in people’s lives, I felt very good”- Shlok Chandra, Managing Partner at Chandra Law Chambers

    “Having been able to positively make a difference in people’s lives, I felt very good”- Shlok Chandra, Managing Partner at Chandra Law Chambers

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

    Sir, please tell us your motivation behind pursuing law. 

    Till about class X, there was no real thought about life post school. But yes, somewhere in class XI I started thinking of appearing for the entrance exams for different National Law Schools. During class XI and XII, the focus was only on the board exams so I did not prepare during those two years. But for about 2 months after the board exams, I prepared and appeared for different exams. I got through most National Law Schools and joined the National Law School of India, University at Bangalore in 2003.

    I come from a family of bureaucrats so the only introduction to the world of law was through an Uncle who was a Senior Advocate in those days. He had a flourishing practice so I was inspired by what I saw. The world of law looked glamorous and seemed the best out of the available options for me. The thought process also had the approval of my parents so it became a straight forward decision.

    Please elucidate about your student life and how was it like to pursue law from the best law college in the country.

    I studied at the Doon School, Dehradun. It was a great phase of my life where I made some of my closest friends. The school starts in class VII and is an all-boys boarding school. There was a lot of focus on sports, extra-curricular activities, fitness, and personality development. The life lessons learnt in my years at Doon have been invaluable.

    I joined NLSIU, Bangalore in 2003. This is again a phase of life I look back at with great fondness. Having been at the top of my class in school I found myself in the middle of my class in terms of academic performance. This took some time to sink in. I made some great life-long friends at NLS, Bangalore. I had a regular college phase: studies, sports, extra-curricular activities. A very regular and happy existence for 5 years.

    I participated in two moots. I took the advice of a senior friend who had advised in jest that make sure the locations of the moots are good and you go as a speaker and not as a researcher. I represented the college in one moot in Goa and one in Pune. I also attended a Model United Nations in Canada. In hindsight, I did this just for the CV. I wrote 6 articles while in college and got them published in different legal journals, in hindsight all this was done with an ulterior motive of cv building rather than for the sheer academic joy of publishing an article-this was not right.

    I did different internships: AMSS, Justice Manmohan (then an Advocate), Justice Jayant Nath (then an Advocate), Late Justice Valmiki Mehta (then an Advocate) etc. I got a pre-placement offer from AMSS in their policy team at the end of my 4th year. However, I also got an offer from Boston Consulting Group, one of the top strategy consulting firms towards the middle of my 5th year and I ended up accepting that.

    You worked at AZB & Partners for 5.5 years in their M&A team and started litigation post that, how was that transition?

    After 18 months of working with Boston Consulting Group as a strategy consultant, I consciously moved back to law. My stint at AZB & Partners was terrific. I learned all my basics of law there in terms of drafting, attention to detail, negotiation skills, appreciating the nuances of legal provisions etc. I worked in the team of Mr. Anil Kasturi who did mergers and acquisitions and incidentally was an alumnus of NLSIU, Bangalore (1996 batch). Working in a top tier firm taught me a lot in terms of professionalism, turn around times, thoroughness, etc. During my time at AZB & Partners the size of firm was not what it is today. Thanks to Mr. Kasturi I got to work for marquee clients like Warburg Pincus and Bain Capital. The experience I gained I am sure is continuing to help me today. The working environment was very congenial and it was common to have friends across teams.

    Apart from the work, I also played many cricket matches for AZB & Partners, I used to open the batting and bowling. In one of the years we even won the SILF Tournament which is an inter-firm cricket tournament.

    At the beginning of 2015, I was beginning to have a realization that I wanted to transition to litigation. I was quite vocal with my friends at AZB that this step was on my mind. The next big conundrum was which senior to start my litigation journey with. Mr. Percy Bilimoria, a senior partner at AZB in those days, introduced me to Mr. Darpan Wadhwa. I worked at the Chamber of Mr. Darpan Wadhwa for 18 months. It was an uphill learning curve because I was not well versed with litigation procedures. We were a small team of 3 Associates and I learnt a lot in those 18 months. Mr. Wadhwa was nice enough to let us do our own cases while we worked in his chamber. After this 18 month stint, I started my own litigation chamber. In hindsight, this was perhaps the one phase of my life where I was not a good junior. I was somewhat in a hurry to start on my own. It was a little unfair to my senior Mr. Wadhwa who was too kind and generous to tolerate it.

    After going independent, I got empanelled with DDA and South Delhi Municipal Corporation. I started handling cases on a regular basis for these entities. Subsequently, I also started handling cases for NHAI, GAIL, ESIC, EPFO etc. Through word of mouth I started getting private clients as well. The growth was not rapid but the upward curve was sufficient to feel that my career move was justified.

    Our audience would like to know about that one case which you can never forget.

    In my early years of litigation, I had a young man walk into my office who was apprehensive that his father in law would kill his wife since they had just eloped against the wishes of her parents and a few hours back her father had taken her away. We filed a petition for Habeas Corpus [Vikrant v. GNCTD & Ors] before the Division Bench of Justice Sistani and Justice Vinod Goel seeking urgent relief. The court listed the petition the very same day and directions were passed to the SHO of the concerned area to bring the newlywed wife to court along with her father. Despite some counselling from the judges the father was not willing to relent. The court finally directed that there should be no interference in the marital life of the couple from the girl’s family. A few days later the boy invited me to his small marriage reception. There, many of their relatives came and thanked me and some even touched my feet. I had never seen this sort of reactions from a client before. Having been able to positively make a difference in people’s lives, I felt very good. There have been other cases with great financial consequences but in my eyes, they pale in comparison.

    How has your experience been of working with the Income Tax Department?

    I became a Standing Counsel with the Income Tax Department in November, 2019. I had never really done too much direct tax before. Being a first generation lawyer I wanted to gain expertise in a niche area of law. I handle cases at the Delhi High Court, NCLT and NCLAT. Last 3.5 years have truly been an eye opening experience. Justice Shakdher currently heads the tax Division Bench. He is someone I look upto as a mentor so appearing before him on a daily basis really gives me great happiness. Learning and mastering the nuances of direct tax has really been a pleasurable experience. I really recommend all young lawyers to keep an open mind about taxation law. It’s an acquired taste but something that can be enjoyable once you get comfortable with it. Further, after handling income tax briefs when one picks up a civil-commercial law brief it seems like a breeze.

    I have recently applied to become the Senior Standing Counsel of Income Tax Department. If that comes through, there will be more responsibility given to me.

    You were involved in the process of amending the Constitution of the Indian Olympic Association, how was that experience?

    In September, 2022 the Supreme Court had appointed Justice L. Nageswara Rao with the task of amending the Constitution of the Indian Olympic Association, finalizing the electoral college, and conducting the elections for the Indian Olympic Association. It was an honour to be a part of a very small 2 member team set up by Justice Rao to assist him in this task. I got to work with a man of his caliber very closely on almost a daily basis. The learning I got from this experience will stay with me all my life. Most importantly, I gained a mentor.

    The elections have been successfully conducted and the new team of Executive Council Members have taken over. For the first time an athlete Ms. PT Usha is the President of the Indian Olympic Association. My association with IOA is continuing even after completion of the task assigned, I am now a member of IOA’s POSH Committee upto 2026. We are dealing with a few cases and I hope I will continue to discharge my duties to the best of my abilities without fear or favor.

    Which are the forums that you work in regularly?

    I work most regularly in the Delhi High Court, Supreme Court, NCLT, and APTEL. I handle cases for the Union of India at the Supreme Court where my task is to brief the AG, SG, and ASGs on the cases assigned to me. In the High Court, I am the Standing Counsel for ESIC and Income Tax Department. In APTEL I appear for a few State Electricity Regulatory Commissions. Along with appearing for government clients I also appear for private clients across forums. It is important to have a healthy mix of private and government work and over dependence on one stream of work especially government work is not ideal in the long run.

    In order to end this conversation, would you like to give any piece of advice to our audience?

    The one issue I am sure youngsters face is the financial struggle in the initial years. There is no sugar coating the fact that second generation lawyers starting out in Delhi and even first generation lawyers with families staying in Delhi have a head start. Having to pay rent and fend for yourself in terms of food etc in the initial years is a challenge no doubt. This is why there is to some extent an entry barrier to litigation and people from good law colleges used to prefer joining corporate law firms but I see this changing. Even the top ranked students are willing to give litigation a shot.

    Overall the qualities of hard work and sincerity are the most important ones. As a junior lawyer you must always be well prepared, you never know when the judge will call upon you to assist the bench. Opportunities come your way in this profession when you are not expecting them. Someone who keeps his head down and prepares for each case diligently will eventually start to stand out from the crowd.

    Lastly, it is best not to compare yourself with anyone else. There will be people who seem to be ahead of you but their starting points were different. It is best to focus on one’s own journey and take pride in one’s own journey and preserve one’s reputation. It always helps to have a few mentors in your mind whom you have worked with or been associated with. In difficult times, it’s best to ask yourself how they would have dealt with the particular issue/conundrum. This, in my experience helps navigating difficult /tricky phases and issues. Lastly, honesty and integrity will never go out of fashion.

    Get in touch with Shlok Chandra-

  • “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

    “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

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

    Ma’am, as a conversation starter, our audience would like to know about your story of being a Lawyer.

    I didn’t start off wanting to be a lawyer. I took up commerce after Grade 12 and completed my graduation. I enjoyed accounting but I didn’t really see myself doing numbers. It was a very critical time of my career and I starting thinking what to do next – MBA or law or something else. I don’t have lawyers in my family so it was not an obvious choice for me. But I thought law college would be academically challenging and interesting. It really wasn’t until I joined Government Law College and started my articleship with Ms. Kalapana Merchant at a solicitor firm that I thought I would like the pace of law.  One of the things that I liked about my articleship was that it gave me a flavour of different streams of law i.e. corporate, intellectual property, real estate and financing . After graduating from law college and qualifying as a solicitor, I decided to focus on corporate law as it excited me the most. I have worked as a lawyer for about 15 years. Currently, I am a partner at Quillon Partners, a law firm which focuses on M&A and private equity.

    Being into the legal profession, you must have heard things like “real-estate is not for women”, what are your views upon this?

    While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field. Fundamental changes introduced in the real estate laws by the Real Estate (Regulation and Development) Act, 2016 have led to greater transparency in the real estate sector and women lawyers no longer shy away from entering this sector.  

    Could you tell us about your struggles as a woman lawyer?

    There was a time when I wanted to focus on my family. I like to try different things – so I took up knowledge management (KM), business development and human resource which are very different and interesting roles. While knowledge management was nascent in 2011, law firms had started giving KM importance with several laws undergoing changes e.g. the Companies Act was completely revamped in 2013. During this time I also got an insight into Business Development.  Often different roles, help you to draw from one to the other. While I did KM, the corporate experience I had helped me and then when I went back to doing corporate law – the KM and Business Development experience helped me immensely. I still continue to be involved with the KM, BD and HR functions of the firm.   

    We see a lot more women lawyers now. However, as one progresses up the ladder of seniority, the scales start to tip with a decrease in the number of law firm partners being women. This landscape is starting to shift and many Indian law firms like international law firms are now working consciously towards inclusiveness and gender diversity. Personally, I have had very supportive seniors at Quillon Partners and they have been very encouraging. 

    Please shed some light upon your role as an M&A Lawyer.

    The role of an M&A lawyer varies from transaction to transaction depending on the kind of the transaction and who you are representing (e.g. buyer, seller, company). M&A lawyers have a versatile and extensive role throughout the transaction. All the legal mechanics of a transaction, including negotiating and drafting agreements to reflect a commercial deal, arranging finance and liaising with the client and their other advisors. Typically, in most transactions, it involves advising, planning, structuring, due diligence, drafting of the transaction documents, negotiations, obtaining regulatory approvals and finally closing of the transaction.  

    How do you see the M&A sector in the coming 5 years?

    Globally there was a dip on the deal street in 2022 due to several factors, including war and inflation. India seems very attractive to many global firms post Covid with investments in China taking a back seat. Mergers and acquisitions in India are expected to increase in 2023. The deal market is expected to be active in several sectors such are pharmaceutical, technology, infrastructure and healthcare. Therefore in-bound M&A investments are likely to increase. Out-bound foreign investments are also on a rise with the recent changes to the regulatory framework. India is expected to be a very attractive investment destination given the benefits of demographics, cost arbitrage, presence of large consumer market and democratic stability.

    Coming towards the end of the conversation, could you tell us three qualities which an M&A Lawyer must possess?

    Constant thirst for knowledge– legal technical knowledge is important but learning can’t stop with formal education. We have opportunities to learn new things in just about everything we do and from everyone we meet. It could be learning from a past deal, keeping oneself abreast with new laws, adapting to new technology, or learning people skills, it is a constant never-ending process.

    Being organised and structured – usually in most deals, time lines are tight and one needs to break the tasks and prioritize work streams in order to be able to service clients efficiently. Keeping an eye on the ball is key.

    Enjoy what you are doing – there are often personal sacrifices, sometimes long hours and only if you enjoy what you are doing, it’s worth it.

    Get in touch with Shriti Shah-

  • Road Less Travelled: Journey of Advocate Lalit Suryavansi in the IPR domain

    Road Less Travelled: Journey of Advocate Lalit Suryavansi in the IPR domain

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

    Being a science student, and then choosing law, what was the idea behind?

    Great Question. Though I am used to this question and answering this question every other day. Actually, this science and law cocktail was not planned. In fact, Law was something I never imagined I would be pursuing. I did my graduation and post-graduation in technological streams and happily started working as an Engineer.

    Barring a few things, I was satiate with my carrier. As destiny had other plans for me, one fine day, I felt something is not right about my job and the kind of work I was doing back then. I started looking for other options and got to know about Intellectual Property Rights and prior art searching. The domain looked different and exciting, so I decided to switch my path and get into Intellectual Property. So, this is how I get into Legal domain, and in this journey, I qualified the Patent Agent examination. Later, I felt like having formal qualification in law, which led me to pursue LL.B.

    Please enlighten our audience about the initial struggles in your career and how you managed to overcome them?

    I’d rather start with initial anxieties. As I started my career as an RF engineer, and I was letting go my 3-4 years of job experience for something new called Intellectual Property, which, at that point in time, people thought to be some sort of real-estate business related endeavor, I had lot of disquiet in my mind, and I was in dilemma about the decision I was going to make. Plus, the baggage of what people would say if I failed. But my heart had already accepted it, so it pushed to me to make a bold decision and take that plunge, which I did, and I am elated to say that I made the right decision at that point.

    Of course, there were struggles, but I was very passionate about what I was doing and loved it so much that struggles never felt struggles, they felt like challenges, for which I was determined to go any lengths.

    What are the most important considerations to keep in mind when dealing with IPR and registering patent issues?

    Over the years, I have realized that inventors are mostly concerned about the outcome, i.e., the grant of a patent, not about the events that come along the way of patent grant. I have experienced that most inventors, if not all, are interested in getting their patent granted, and they are either ignorant about the very-very important milestones that starts with patent application filing and end with patent grant/refusal.

    Let me give you a little more perspective, I believe prior art searching to be the most important thing in the patent proceedings, but inventors hardly show any enthusiasm to get it done. And those who consider prior art searching, they fail to understand why a prior art search is done at all, how it can contribute in shaping his/her patent application. Similarly, patent application or claims drafting is merely considered to be the patent agent job. Of course, it is as you are paying him/her, but I’d like advise that please do not recklessly depend on your Patent Agent and be actively involved in the events/proceedings—-Afterall inventions are inventors’ child, not Agents’. My intention is to make the inventors more inquisitive and interactive so that they know what is actually being done by their patent attorney, how the attorney is giving shape to claims, application, arguments, etc.

    IPR and other corporate sectors are evolving like never before, would you like to throw some light on the same? And according to you Lalit, what exciting opportunities it can create for our young lawyers?

    With government initiatives such as “Make in India”, “Self-reliant India”, push for innovations, and programmes like “Start-up India”, protection of innovations is seen as a necessity to compete in the market. With this patenting activities has increased many folds, and patent filing in India is rising at an unprecedented rate.

    As per the Economic Survey 2021-22, the number of patents filed in India has gone up from 39,400 in 2010-11 to 58,502 in 2020-21 and the patents granted in India have gone up from 7,509 to 28,391 during the same time. With so many numbers of patent filings, Patent Prosecution is rising, so is the Patent Litigation. Therefore, one can easily infer the prospects for young professionals.

    Lalit, as per your experience in the legal field, how do you see the legal industry coming up with new concepts and creating exciting opportunities?

    With the constant push for digitization, arrival of faster telecommunication technologies like 4G/5G, invent of communication platforms such as Zoom, Teams, etc., alike every other domain, Legal industry is also witnessing rapid transformation. Everyone is now aware how virtual courts have started, how virtual hearings has transformed the way hearings were taken. If I specifically talk about the Indian Patent paradigm, Indian Patent Office (IPO) too has segued from offline system to online system. With conversion of physical hearings into into virtual-call-based hearings, paperless patent application filings, mandatory online filings for Patent Agents, and many other such initiatives, IPO has put in place a lot of new concepts/systems. So, newer opportunities are coming along, we just need the right approach and right temperament to grab said opportunities.

    What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?

    For someone from a non-legal background, the toughest consideration would be the time window for success. To make a mark in this industry, one must possess the tenacity to climb every rung of the ladder that leads to the success. As they say, there is no shortcut to be successful—legal domain is no different or alien to this saying.

    Lalit, what is a typical day like for you?

    Well, a typical day is typically typical for me. I get up around 6 AM. Do my daily chores by 8 AM and leave for office by 8.30 AM. Commute to office, reach there by 9.30 AM, and get lost in the pool of matters waiting my arrival. Leave office at 6.30 PM, reach home around 8.30 PM where my son and my daughter (twins) remain armored to welcome me with the showers of anecdotes, complaints, happenings, and everything in between from their typical day.

    Could you highlight some of your success habits that enable you to meet your goal?

    Never say no attitude’ and ‘to remain grounded’ at all the times are some of the attributes which I think play pivotal roles in anybody’s success.

    Lastly, what advice would you give to someone starting out?

    Keep your mind, eyes, and ears open for anyone and everyone—you never know who might give you the piece of information that can change your life forever. One more thing, everything progresses at its own pace, so never feel frustrated/agitated if something is not happening at your whims/desires—time and destiny will certainly make it happen for you if you are honest and keen about it.

    Get in touch with Lalit Suryavansi-

  • Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

    Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    While growing up, I remember my mother telling me that she always wanted to be an advocate. However, since she came from a humble background, she could not pursue it.

    As they say, “When it comes to life, we spin our own yarn, and where we end up is really, in fact, where we always intended to be”, somewhere, I believe that destiny had a major role to play while I chose to study law and pursue it as my career since I was very inclined to pursue fashion designing.

    God has been very kind to me, I have met some wonderful mentors during my journey who have constantly guided me through. It has been an eventful journey, very rich in terms of learning, not monotonous. I feel that I am fortunate to have discovered on how to be assertive and support the business while not losing my own ground. That’s the best part, isn’t it?

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

    I moved out of the ‘city of dreams’ after pursuing law from Government Law College, while I had a PPO in my hand just to feed my own curiosity of what’s in store for me in a new city, in a new role? I just wanted to understand how a company works and what role does a lawyer play in building it. Many of my friends chose to work in law firms but somewhere I was determined to pursue an in-house role in real estate.

    I am a very passionate human being and an extrovert as well, and I feel that it somewhere affected my first promotion. Early on, I remember when I got rejected for this promotion, I felt devastated. It undoubtedly was one of the first failures which I had tasted. I had been an academically bright student who predominantly scored well and therefore, it took a lot of time for me to heal.

    During this phase, while I was trying to find job opportunities and relocate myself to Bombay, I largely faced rejections. I remember, feeling miserable about myself and questioning my own skills and choices. I held my patience and kept myself motivated and as they say “Tough Times Never Last, but Tough People Do!” and some fantastic opportunities came my way.

    As I progressed in my professional journey as an inhouse counsel, I learnt a little later in life that you need to be very solution driven towards the business. A strict ‘no’ to a business proposal even with a solid rationale is something that may not work.

    Among all the specializations, i.e., drafting, vetting, due diligence, risk mitigation, which area of law is the most interesting to you and why?

    Risk mitigation to me is the most interesting. I believe that this exercise teaches you to research the moot points, evaluate and assess the business proposal accordingly. Alongside this, it also makes me build and present the best and worst business case for my stakeholders.

    Having said that, doing due diligence and creating an title trail as a real estate lawyer is also challenging and interesting at the same time. As you may know that the land laws are very region specific and even consist of cryptic language, hence to derive and create a title trail is both complex and absorbing.

    Jyoti, how do you balance your work and personal life effectively?

    I believe that I am organised when it comes to my work and personal life both, which makes it very easy for me to balance both effectively. I love to travel which means I take frequent breaks and therefore planning is the key. I often try to work backwards which gives me immense time to think, strategize and plan my work and life, both. By following this thumb rule, I do not procrastinate and stress myself. I believe that work is an integral part of my life but not my whole life.

    What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?

    I do not see it challenging if someone from a non- legal background starts one’s journey as a lawyer. Having said that, the choice of a law school is very integral. I am proud to be a GLC’ite. As a student of GLC, I had the freedom to explore different fields of law by interning with law firms/ companies, senior counsels, or maybe just venture into a different horizon altogether. It essentially gave me time to introspect and perspective on who I want to become and most importantly how I want to be.

    I am a first generation lawyer and feel that I have an advantage here, as I have the freedom to make mistakes without feeling any threat of being judged. With each mistake that I have committed, I have learnt to be wiser. All of our journeys are different and they can be absorbing yet very fulfilling, if we see from the right lens. We just have to dive in deep and we shall definitely find our way, the perspective has to be right.

    What is a typical day like for you?

    I am an early riser and start my work day usually around 9-9:30AM by checking/ replying to emails and messages. I, then write my to do list (and sometimes also get overwhelmed with the tasks that I have put down for myself to be completed in a day!) and then get started with the projects that have my top priority. I find that I am most productive during the day, hence I try to read as much as I can so as to advise my stakeholders on their business proposals or build strategies to move ahead before I start to jump into meetings and commence the contracting work. Before ending my work day I mostly look back and assess what’s one new thing which I learnt today. This is one of the ways which helps me to be grateful to the job that I do.

    Jyoti, could you highlight some of your success habits that enable you to meet your goal?

    The most important success habit which has always helped me to achieve results is discipline. I live by the principle that “discipline is the bridge between goals and accomplishments”. Discipline helps me in taking charge of my own life be it professional or personal; it also helps me to train myself much ahead in time.

    I also feel that performing yoga consistently, pursuing my hobby alongside work and travelling has helped me to largely reduce work fatigue.

    Last but not the least, I feel that we must trust our leaders, mentors, team and colleagues. I fully echo the thought that together we can do so much, togetherness comes with a team and teamwork begins by building trust. With my own experiences, identifying and trusting my mentor/ leader and building a team has helped me in facilitating my accomplishments much earlier.

    Lastly, what advice would you give to someone starting out?

    For someone dreaming to choose law as their career, I believe that you should first assess if you are passionate towards pursuing it. One must be brave and also wise to assess what is the right thing to do. You also have to be patient in this journey and not fear to evaluate yourselves in different fields of law. To conclude, I feel that one must believe in oneself, have faith and make your own country proud.

    “Every accomplishment starts with a decision to try”.

    -JYOTI KAPOOR

    Get in touch with Jyoti Kapoor-

  • Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

    Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

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

    What was your motivation behind choosing law as a career?

    Whilst growing up, the law always fascinated me. For some reason, there is a lot of misconception surrounding law as a profession. I was discouraged at many points in time by a lot of people from taking up this profession as well. However, I was determined to study law. My parents have been my biggest supporters and were overjoyed with my decision. Initially, I was intimidated by it all but gradually I started enjoying the learning process.

    What are the challenges that are faced by budding litigators at the start of their careers?

    With lakhs of students graduating from law schools/ colleges across the country, every year, the competition for freshers is fierce, to say the least. Not only to get a job, even to get an internship with a reputed firm, it is tough process.

    It is important to gain exposure through internships and identify their ultimate area of interest within the law. In my second year of LLB, I was certain that I wanted to be a litigator and hence started my association with a reputed law firm in Mumbai, first as an intern and then as an articled clerk.

    Freshers and interns are at the bottom of the hierarchy and are taken most advantage of, especially in litigation. In order to gain exposure, many a times, they agree to work for a miniscule amount or at no cost at all. I was blessed and privileged enough to not have any overheads. However, it is tough for a lot of freshers and interns to work without any salary stipend.

    What are your thoughts on “Arbitration” as a mechanism for dispute resolution?

    At the outset, I’d like to say that there is a noticeable shift during the course of the last few years. Contracts/ Agreements have but naturally become more arbitration centric. It is very rare that you would come across a contract/ agreement nowadays which would not contain an arbitration clause. Not only is Arbitration effective but it is also a speedy mechanism for dispute resolution. Having said that, arbitration has also got flack for being a “luxury” litigation i.e. there is a substantial amount of expenditure involved to conduct the same.

    How do you make pleadings/ contracts understandable/ more accessible for your clients?

    I enjoy drafting! It has always been a complete joy and pleasure for me to draft pleadings and other documents. Not all our clients are fellow lawyers and not all of them have any legal knowledge. The key to make you pleadings/ contracts understandable/ accessible to your clients is to keep your drafts as simple and concise as far as possible.

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

    The legal profession is a demanding one. Urgent matters and tight deadlines are a common feature. Its only but natural that in such a demanding environment, individuals are exposed to high amounts of stress. In order to maintain balance, its important that one takes time off and undertake any activity(s) which helps them to relax. Mental health issues are often overlooked and not talked about.

    Do not let this go unchecked and seek appropriate help. Nothing is more important than your health. As cliched as it sounds but “health is truly wealth”.

    Lastly, what advice would you give to someone starting out in the field of litigation?

    My advice to freshers and interns who want to be litigators, would be to read up on the various statutes. Sadly, there is a noticeable lack of knowledge of basic provisions of the CPC, in a lot of juniors, which is your foundation. Being in the legal profession, you never stop learning. Its constantly evolving.

    Therefore, I think it is also very important to be abreast with the latest developments and judgments.

    Lastly, hard work is definite key to success in this profession. More the effort you put into it, the more results/ benefits you can reap out of it.

    – MAHAFRIN MEHTA

    Get in touch with Mahafrin Mehta-

  • In Conversation With- Shweta Sahu, Leader, International Dispute Resolution Practice at Nishith Desai Associates

    In Conversation With- Shweta Sahu, Leader, International Dispute Resolution Practice at Nishith Desai Associates

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

    Was pursuing law planned for you or it all happened in a flow? Kindly share with our readers.

    I always wanted to do something different. Back in 2010, law was yet to be popular choice. I made a conscious decision to pursue law while most of my batchmates were preparing for IIT-JEE or the AIPMT. I was completely ignorant of the career prospects neither did I have anyone to speak to. The decision was indeed laden with risks, but it was worth it.

    How has been your experience thus far dealing with critical arbitration matters, and how do you address this area to young minds in the legal profession?

    As rightly said, most of the arbitrations that we work on are fact-heavy and high stake. So, there is no scope for any mistake. Significant time goes into understanding the technicalities, strategizing and executing. Each step has to be handled with utmost precision. While the entire process is often strenuous, the challenges are extremely enriching and wholesome.

    There is sufficient scope for arbitration in India and the law is constantly evolving. I also witness a lot of interest for arbitration amongst the younger lawyers and even students. However, familiarity with the basic concepts is often lacking.

    What is your take on the scope of technology-related litigation in India?

    Technology-related litigations are expected to surge in India with the introduction of Metaverse, NFTs, cryptocurrency etc. and changes to technology laws (such as Intermediary Guidelines and Digital Media Ethics Code Rules, 2021).

    We are already experiencing a plethora of issues – ranging from regulatory concerns to privacy/data breach and money-laundering. Further, alleged cases of cyber-attacks, online frauds, impersonation, phishing, online defamation, hate speeches etc. have been on a high.

    Lately we have been hearing there are a lot of challenges for women in litigation, be it late working hours or other issues, how do you deal with them? And what would be the same?

    Challenges have always been there. Of late, the discussions surrounding these challenges have begun, which is a good start. Litigation is often perceived as a “men’s club” and it becomes difficult to pierce the stereotypes.

    In several cases women have been forced to or gaslit into completely giving up litigation or making changes to their careers. Reasons are manifold. In certain cases, the compensation is meagre; thus, women are convinced into giving up litigation and be told – “It’s not worth it”. Late working hours and the frequent need to travel are also common reasons. Till date, there are courts which do not have proper toilets for women.

    The unequal representation is even more prominent in courts in smaller towns and districts. In one of my outstation hearings, I had noticed the entire court complex just had two women on that day – the judge and myself.

    I have consistently made efforts to do everything that is expected of a lawyer – to avoid any possibility of being the less preferred one. Be it travelling or working late or appearing in Court. With the able support of my seniors, several barriers have been broken. But there’s a long way to go.

    What are the practices you implement to follow privacy in different legal matters or transactions and how the young generation should prioritize it further in their own careers?

    Given that I work in a technology-driven law firm, there are advance high security systems in place to take care of privacy concerns within the firm. Even the interns are required to enter into non-disclosure agreements to prevent any situation of privacy breach.

    As lawyers, it is our foremost duty to protect client documents and information from undue disclosure and understand the importance of client-attorney privilege. Young lawyers should be educated of the same. To start with, law schools should emphasise on these aspects as a part of the curriculum (Law of Evidence and/or Professional Ethics).

    Above all, the younger generation must careful of the content they share on LinkedIn or other social media platforms.

    Was there any roadmap that helped you thus far in your journey, or any mentor that supported you from the very beginning, please share how was it for you?

    I have had the privilege of receiving unconditional support from my parents throughout my journey. I have also enjoyed the rare privilege of consistent support and encouragement from my seniors at work. While each one of us has the potential to succeed, it is this kind of support which helps in moving ahead. Further, I strongly believe in being genuine and honest to myself and my work.

    I wouldn’t say it is a perfect world but these factors have helped me survive.

    Could you highlight some of your success habits that enable you to meet your goal?

    Most of my lessons are from my own mistakes. I believe, we learn best from our own mistakes. They make us think and hunt for better solutions. That’s what experience is to me.

    I prioritise a healthy lifestyle. Thus, I plan each day in advance. This includes balancing my professional and personal lives and keeping them separate.

    Lastly, what advice would you give to someone starting out?

    There are certain basics for which there are no substitutes – work hard, think smart and be ethical.

    But there is no generic advice which would be applicable to all freshers out there. The legal profession is generally very demanding, so plan each day well.

    “Experience and live through your own journey and lessons. Do not compare yourself with others but compare yourself with your old self – if you’re a better person and a better lawyer than you were earlier.”

    -Shweta Sahu

    Get in touch with Shweta Sahu-

  • Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat With SuperLawyer Sharing Insights On Insolvency & Bankruptcy Laws and Building a Career in Law

    Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat With SuperLawyer Sharing Insights On Insolvency & Bankruptcy Laws and Building a Career in Law

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

    WAS PURSUING LAW PLANNED OR DID IT ALL HAPPEN BY CHANCE?

    As a child, I was fascinated by the thought-process and lifestyle of my father’s Uncle, who was a leading lawyer. Neither my father, who’s a senior physician, professor, and an eminent author, nor my mother, who’s a children’s author and educationist, quite liked the idea that I should become a lawyer. In fact, while I was still in school, my father, in order to dissuade me, once took me to Patiala House district courts. However, despite the existing chaotic conditions, I found the experience exhilarating. The laws, their technicalities and interpretations, enthralled me. I found the nuances of court-craft electrifying.

    A fire grew in my belly that I must become a lawyer and serve the people to find  justice. My alma mater, National University of Juridical Sciences, Kolkata, and the many internships that I did in my student days, stoked the flame. My passion grew into an eternal romance. The magic lives on each day.      

    COULD YOU SHARE WITH US WHAT WERE THE INITIAL STRUGGLES IN YOUR CAREER AND HOW YOU MANAGED TO OVERCOME THEM?

    I began my journey with Trilegal, one of the best known corporate law firms in India. It was a hard 24 × 7 grind. I learnt a lot. Still, a year on, I decided to step out, leaving the comforts of a large well endowed law firm.

    With my family’s help, I took the plunge of setting up a chamber practice. Initially, the going was rough. I had to hunt for clients, execute the job without the help of a filing clerk, and with nobody to vet my draft. I worked hard to preserve the family’s deep moral fibre, meet the clients’ aspirations, and leave a mark by my out-of-the-box well thought out arguments on points of law. With both my parents being senior government functionaries, who never needed to ask anybody for the services they gave, I found it difficult to ask clients for the professional fees.

    The trials and tribulations of being a first generation lawyer are many. You learn many a lesson the hard way. Drafting, filing, curing defects, and ensuring that the matter gets listed, has its own set of hurdles. Over time, if you are diligent, observant and passionate, the pieces begin to fit. Like a defiant jigsaw puzzle, which you eventually tame.

    Learning the secrets of good filing, acquiring skills to not let flaws that lead to multiple objections during filing, and a well thought-out tidy draft ensures that half the job is done. Contrarily, a draft with multiple failings, ensures that the judge may lose  interest in the case on the very first day.

    WHAT ARE THE AREAS OF LAW THAT YOU PRACTICE?

    Be it any area of law, its fundamental doctrine is to mete justice. As a practitioner of law and an officer of the court, my duty is to ensure that my clients receive justice. I do not carry any prejudice, bias or preference for any particular branch of law.

    Law schools teach you laws that apply to each sphere of human life. However, most people tend to think that law students from their early years must elect a particular subject to practice. This is a myth, which must be decimated.

    My legal practice embraces all areas. I strive to learn more, know more, and tread in all realms of law.

    I also do not hesitate to appear before any Court of Law. Be it a district court, tribunal, high court, or the supreme court, wherever my client needs me, I must stand. However, until now, my most regular appearances are at the National Company Law Tribunal, where I took the first guard and began my innings.

     

    WHAT ARE THE MOST IMPORTANT CONSIDERATIONS TO KEEP IN MIND WHEN DEALING WITH INSOLVENCY AND BANKRUPTCY ISSUES? 

    The Insolvency and Bankruptcy Code, 2016, is still in its early formative years. It has a number of grey areas. The laws are in a state of flux and evolution. The code is experiencing constant changes. Staying updated about these changes is a basic.

    Further, the laws of the Insolvency and Bankruptcy Code are rapidly developing as an emergent and effective alternative to consumer court and civil courts. They allow for a speedy resolution.

     HOW DO YOU KEEP UP WITH THE QUICK CHANGES IN REGULATIONS AND LAWS IN YOUR FIELD?

    I am an avid reader. I thrive on regularly reading Bar and Bench, Lawsikho, Legallyindia and a number of major national dailies, which publish, discuss and debate news about the changes in regulations and various laws. The judgments and updates on IBCIndia and livelaw on my handphone keep me abreast of what’s happening in the legal field.

    LEGAL TECH POSES CONSTANT THREAT To PRIVACY STANDARDS, WHAT EFFORTS DO YOU MAKE TO REDUCE THIS THREAT?

    With the rapidly growing dependence on legal technology, privacy is increasingly becoming a casualty. Eliminating its threat is not easy. To cope with the risk, and to uphold confidentiality, we often keep only the hard copy of a sensitive document. This may seem old school, but it is safe. Safely kept external hard drives are another good option. 

    OF THE CASES YOU’VE WON, WHICH HAS BEEN THE MOST CHALLENGING AND EXCITING?

    Several cases come to my mind. My team and I have been a part of number of landmark judgements which we have won against all odds in favour of our clients.

    Of recent, we successfully defended a resolution plan before the National Company Law Appellate Tribunal. In this case, a small splinter group of homebuyers had turned against a resolution plan. Internal politics had blinded them and they had challenged it. Being a counsel for the resolution professional in such a landscape carries the risk of multi-fold criticism, particularly since the law is silent on multiple issues. The key lies in striking the right balance. We laid the foundation of our defense on solid technical grounds, which was found to be satisfactory by the Hon’ble tribunal. Our clients, accused of siphoning 650 crore rupees, were granted bail by the Delhi High Court.

    Our approach always pivots upon path-breaking, out-of-the-box thinking and robust arguments. As an officer of the court, our first and foremost duty is to serve the interest of justice, while we do our best to uphold our client’s interest. Protecting transparency and integrity is a critical component of this drill.

    Let me also allude to another recent landmark judgment, wherein we ensured that our client, charged of GST defraud, was released on bail without a pre-deposit.   

     

    DO YOU BELIEVE THAT FREELANCING CAN HELP IN CAREER GROWTH IN THE LEGAL PROFESSION?

    Unless tempered with three to four years of experience under a learned counsel, or a law firm, freelancing is neither easy, nor fulfilling or supportive of a career growth.

    Of recent, several young, inexperienced lawyers have taken to imparting advisory services, despite having frugal or no understanding of the law. They often fool the clients into believing their credentials. Such a practise is crassly unethical, and may tarnish the reputation of the legal profession beyond repair.

    If a young lawyer were to take wings under an experienced, knowledgeable counsel, and then soar into the sky, freelancing can be a boon. It can help you build into being a versatile counsel or advisor.

    HOW DO YOU MAINTAIN THE WORK-LIFE BALANCE?

    Life has three integral components — you, your work and your family. You have to strike a balance between them. Finding quality time for all three is the mantra to success. I love chanting and little walks by myself. They help me find mental peace.  I relish my work. It is my passion. It is the mornings which I devote to my family.  

     

    WHAT STRATEGIES DO YOU USE TO ENSURE THAT YOUR CLIENTS RECEIVE THE BEST POSSIBLE?

    We believe in offering personalised services to our clients. We place ourselves in their shoes, and think of the best possible solutions. Our motto is to try and ensure a cent percent client satisfaction by being honest and candid with them. At the same time, we never give up and look at novel approaches to find relief for them. 

    HOW DO YOU PREVAIL WHEN YOU ARE FACED WITH ROUGH TIMES?

    Just as the darkness of night is followed by the break of dawn, just as spring follows in the footsteps of winter, bad times, difficult times also do not last. They just herald good times! So it has been in my life.

    Be it good times or bad, it is best to keep your chin up and fight the odds. Keeping the team motivated in the dark hours is key to a beautiful morning. We function       like a family, where each member of the office gets respect, recognition and reward. We are one when faced with challenges.

     

    LASTLY, WHAT ADVICE WOULD YOU LIKE TO GIVE TO SOMEONE WHO’S CONSIDERING A CAREER IN LAW?

    The leading rule for the lawyer, as for the man of every calling, is diligence and devotion. Make this combination more potent by fuelling it with passion and an out-of-the-box thinking. Temper it with experience. This is the best recipe for any law student.

    Believe me, books can never suffice. With rote learning, you may ace in Law school, yet, you may fail altogether in the court of law. Practical legal experience has no substitute. Rock-hard internships with a knowledgeable experienced counsel, a good law firm, will serve you well.  

    A career in law requires you to live it, romance it, each moment of your being. You must not focus on application of the code of law, rather than just knowing its alphabets.

    Get in touch with Apoorv Agarwal-