Super Lawyer

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  • Sunila Awasthi, Partner at AZB & Partners In a Discussion With SuperLawyer Giving Insights On Practice Areas Such As Corporate Advisory, Employment Laws, And Information Technology

    Sunila Awasthi, Partner at AZB & Partners In a Discussion With SuperLawyer Giving Insights On Practice Areas Such As Corporate Advisory, Employment Laws, And Information Technology

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

    What was your motivation behind choosing law as a career?

    While I did not consciously plan a career in law, circumstances led me into it. While in Class 12th, my favourite subject was political science and when it was time to decide on graduation, Lady Shri Ram College for Women was my first choice because of its reputation as an excellent college.  I was fortunate enough to get in and it was a life-changing experience for me. It was at LSR I learnt that staying silent (when you really had so many questions to ask) was injurious to only yourself – something that has helped me tremendously in my journey and I pass it onto the new generation! Parallelly, the trajectory of my personal life had already made me super conscious of rights of women at a very young age so the desire to know the legal position had taken a strong hold.

    Additionally, the family had been engaged in civil litigation for long and I was exposed to legal documents, working of litigation system in our country and the immense frustration that came with delays! After graduating in Political Science Honours, I decided to study law and joined the Faculty of Law, Delhi University. My sole motivation to have a career was financial independence and it turned out to be a career in the legal profession. Frankly it was unplanned, but I deeply believe that it was destined for me.

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

    The first challenge was to find a job which did not require me to be a litigator! I passed out as a lawyer in 1992. No one, including myself had heard of “corporate law”.  But I had absolute clarity that I was not going to practise as a litigator. This puzzled my family as they would ask “then why did you do law?”. I had no answer only a strong belief that there must be something a lawyer can do which does not require her to go to court! I had witnessed the pathetic legal system during the 1980s and early 1990s, with its accompanying unimaginable harassment of litigants.

    The disastrous infrastructure of the courts at Tis Hazari, one of the district level courts at Delhi and only slightly better facilities at the Delhi High Court, were equally demotivating factors. Being a first-generation lawyer and not knowing any lawyers to guide me, I was clueless.

    I would look up classified ads in the newspaper and go for interviews in small companies looking for in-house lawyers. The few interviews that I did have, stalled at my refusal to go to court. In desperation I picked up the yellow pages of the telephone directory (yes, that was during my lifetime!) and shortlisted 10 law firms listed in that (my sole criterion was the distance I would have to travel in the DTC bus from my home – an unavoidable nightmare for any Delhi girl!). To cut a long story short, it was serendipity which brought me to Ajay Bahl & Co. which was looking for a lawyer who did not want to go to court since its corporate law work was just starting to pick up!

    The second challenge was related to the environment in which I started my corporate law career – remember this is 1993 – no precedents (for Joint Venture Agreements etc.); no computers or internet, no search engines or data resources – only physical books; recent economic liberalization meant that everything was new for the regulators, the clients and the lawyers – exciting times full of potential but also a lot more of extra effort was required and the learning curve was really steep! Looking back, I feel it were those initial challenges of scarce resources and limited support which honed my skills to be able to roll up my sleeves and dig in – persistence, resilience and sheer grit to make it happen!

    Sunila as per you, what are the skills required for being a corporate lawyer and any roadmap that a professional should follow to be the same? 

    This is a very difficult question to answer. I have seen such varied people with different skill sets doing well as corporate lawyers that in my view it boils down to individual abilities and destiny. But in general, based on my observations and personal experience, some of the essential skills in today’s scenario are

    (i) an analytical mind to be able to understand the rationale of what we are advising clients;

    (ii) effective communication, whether verbal or in writing, so that non-legal persons can also understand your advise; (iii) confidence, which comes from doing your home-work well – that requires knowledge of the law, doing proper research (as opposed to Google search!), understanding the client perspective and business needs;

    (iv) having an eye for detail and at the same time ability to look at the big picture;

    (v) ability to think things through – this helps tremendously in not giving theoretical advise to clients – world over businesses push advisors to think out-of-the-box to provide workable solutions which are also legally complaint;

    (vi) integrity – towards your profession, the law, your colleagues, organization and clients. Clients disclose the most sensitive commercial information relating to their business to their legal advisors so gaining and maintaining that trust is life-long effort!

    In hindsight I have not followed a roadmap, so I am unable to prescribe a roadmap as I believe its every individual’s journey that she has to undertake.

    Among all the practice areas, i.e. corporate advisory, employment laws, Information Technology, e-commerce, etc, Sunila, which one do you find the most interesting and challenging? 

    I have been fortunate enough to gain experience in diverse practice areas within corporate law at different points in time and each have been, in their own way, interesting as well as challenging. When I first started, I drafted commercial contracts taking help from conveyancing books! When you draft something from scratch, you understand the legal basis for which each provision that is included in the contract and sync it with client requirement. Today, with standard template forms and existing precedents, this opportunity to learn drafting is a huge loss to the profession. For me, the next phase came quite quickly because India had entered the era of economic liberalization.

    Those initial years kept corporate lawyers like me very busy with Joint Ventures & Technical Collaborations with its related drafting & negotiating contracts; obtaining regulatory approvals for foreign investment; advising foreign clients on setting up operations in India which included a whole gamut of laws relating to employment, leasing of offices, compliances and the like.

    There was never a dull moment in those days! Then the mammoth legal due diligence exercises took centre-stage. The excitement revolved around which new city the DD team was going to be based in and for how many days! I found the DD exercises gave incredible opportunity to learn about new laws, regulations and understanding different businesses. The variety for me ranged from alcohol industry, automotive parts, media, pharmaceutical companies to IT and BPOs. The advent of the Information Technology Act, 2000, again shifted the focus of work for me and new practise areas were evolving with online businesses throwing new challenges.

    The big technology companies with large workforce brought its own employment related challenges and learnings. The focus expanded to employee issues including sexual harassment at the workplace. Laws kept changing trying to keep pace with technological developments and new businesses in fast-changing corporate world. I believe the last decade or so has seen the fastest growth in terms of new practise areas for corporate lawyers with data privacy, e-commerce, fintech, crypto, ESG (environmental, social and governance), gig economy and therefore gig workers and the like taking centre stage. From my perspective, even after 30 years, what’s not to love about corporate law?

    How do you push through your worst times?

    The support of your family and your workplace is vital especially in tough times! I have been blessed in both these areas and it is their support which has made it possible for me to face any and every challenge and come out stronger. Over the past few years, for personal reasons I have been actively practising “Gratitude” and “Forgiveness”, including by attending programs conducted by subject-matter specialists, and I have benefitted immensely from it in my professional life too. It has given me a different perspective on life, made me calmer, less stressed and given me the strength to push through some of the toughest times with equanimity and grace. The fact that these changes make it easier to deal with tough clients or work situations is a bonus!

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

    I believe that there is no perfect formula to achieve the right balance simply because the balance must be decided by each person individually. Long before work-life balance became a “thing”, I took a very conscious decision to prioritize my family without compromising on my professional role – this is easier said than done in real life, but I still follow it. Once there is clarity on this, not only will you subconsciously work in sync with this principle, but circumstances also arise which will be conducive to achieving this objective. To use my favourite line, it is as if you set a positive intention for yourself, and the Universe conspires to deliver it to you!!

    The other important decision that I took consciously was to build a team which would make my life easier because no one can be on the treadmill constantly and forever! My mantra was, and continues to be, mentor people to take your place so that you get to get off the treadmill whenever you want to slow down or take a break. There should be no place for insecurity as there is no substitute for experience.

    My workplace gave me freedom and flexibility to achieve this objective and I am grateful for that support. The starting point for this is the coming together of people with right work ethic/drive/passion and committed to their own professional growth as well as the growth of the team and therefore the organization. Teamwork means you can delegate, share responsibilities and distribute the pressure, hopefully equitably – what better way to grow professionally without compromising on family time or “life outside of work”?

    I am also a great believer in taking periodic breaks with complete disengagement from work– whether for family vacations or doing some programs for mental well-being. I also encourage team members to plan vacations or short trips at periodic intervals and spend time with family – in my book switching off is good for rejuvenating your mind and re-charging your batteries – both for personal and professional life – so the work-life balance happens organically. Finally, if one is assured of support from team leader, team and the workplace in times of personal emergencies or family crisis then the major cause for stress is automatically removed.

    How do you make contract drafting and managing look easier for your clients? Our readers are interested in knowing that.

    I am not sure about this question? Most big companies today do contract management internally and do not look at external lawyers for this function. And as I mentioned above, no one is doing drafting today – everything is templated.

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

    If you work as part of an organization then understanding the ethos of your workplace is very important. I have always been a team-player and not pursued individual glory – nothing wrong with pursuing that but I personally have not been motivated by it. As I said earlier, financial independence was my sole driving force to pursue a career. However, over the years, witnessing that your individual success is intrinsically linked to the success of others working with you and of your organization, it motivated me to make conscious effort towards building a solid team which imbibes the true philosophy of the organization.

    Our objective is to deliver the best quality & effective legal advice and support to clients in a timely and cost-efficient way. Simultaneously, the workplace environment provides equal opportunities, encourages dedication to work without compromising on personal priorities, recognizes talent & merit and rewards excellence & commitment. It may sound unreal, but it has been experiential for me. 

    Building a sustainable team has been at the core of my professional success. In my experience, individuals working together cohesively, appreciating & supporting each other while subscribing to same core values tend to thrive. And to make an effective team I put great emphasis on

    (i) mentoring juniors,

    (ii) delegating work & responsibilities while being accessible for guidance,

    (iii) direct interaction with clients,

    (iv) providing regular feedback including appreciation,

    (v) pro-active thinking & taking initiative,

    (vi) professional conduct & integrity, no matter the circumstances,

    (vii) trainings to enhance knowledge building/sharing & staying updated,

    (viii) equitable opportunities to grow individually,

    (ix) support in personal crisis,

    (x) rewards and recognition.

    I firmly believe that the present status of my professional life reflects a sense of belonging and being invested in my work and workplace. Flexibility to evolve and adapt with changing times, openness to keep learning and hear/implement new ideas, approachability and humility have all been contributory factors as well.

    If you could do it all over again, would you choose the same path for yourself? If not, what would you change?

    As I said previously, I did not consciously choose this path, I believe the path chose me! I don’t really believe in do-overs, so I guess at this stage in life I would not like to speculate what could have been…I think it’s a waste of time. What is, it is – that’s all.

    What advice would you give someone who is considering being in this field?

    Do not be blindly allured by the so-called glamour and money associated with a career in corporate law – it is a lot of hard work, nose to the grind, sheer dedication and commitment, before you see the fruits of your labour – this is true for any profession or career. The pressure is compounded by essential requirement to stay up-to-date with any changes in laws/ regulations; case law including impact of judgements or interpretation by courts or regulators. I cannot think of another profession which requires this constant necessity to be fully aware with the latest (legal) position – even if it pertains to knowledge of only your area of practise.

    Finally, in my experience, two factors which are highly overrated, which seriously impact law students or in-coming lawyers in corporate law practice, are firstly, the pedigree of the law college and secondly, the internships done while studying law. I may be old-school, but I sincerely believe, both these factors make little difference as long as the candidate is clear in her focus on what she wants to do and why.

    In all my hiring for my team since I became a partner almost 15 years ago, I have never reviewed a resume based on law college or internships or even previous organization. Having most of the best performers from so-called worst or average law colleges and unknown law firms, I believe it is mostly individual capability and drive which determines the professional path of every person (of course on an esoteric level, I would add destiny or serendipity to it as well!).

    So do not get bogged down by “pedigree” of your law college or “status” of law firms or organizations you intern or previously worked with (whether its Tier I or not etc.), instead focus on what is it that you want to do and how would you want to achieve it.

    Get in touch with Sunila Awasthi-

  • Jyotsna Jayaram, Partner (Technology, Media & Telecommunications) At Trilegal In a Quick Chat With SuperLawyer On Importance Of Unconventional Skills For a Lawyer

    Jyotsna Jayaram, Partner (Technology, Media & Telecommunications) At Trilegal In a Quick Chat With SuperLawyer On Importance Of Unconventional Skills For a Lawyer

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

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

    I have always been fascinated by the impact that words – verbal or written – can have and when I was in school I was always drawn to the law as a profession, particularly because of the command over language that it requires. Of course as with most children that age, I had romantic notions about becoming a criminal lawyer and being in the thick of high profile cases. However, as I prepared to join law school, I wanted to focus more on gaining a strong knowledge base of all laws before I decided on what to specialise in. I am glad I made the decision to become a lawyer and the constant learning continues to inspire me to become a better lawyer.  

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

    The primary challenge was to secure a job. I was in the first batch of my law school and at that point we didn’t have established recruitment processes and most firms did not know us. We all had to work doubly hard towards getting our own internships and interviews and making a mark before we were considered for recruitment.

    Then came adapting to a work environment which was very new, highly competitive and incredibly fast paced. While law school helps build the foundation in terms of basic knowledge that is required to start off, a lot of what you need (even at the start of your career) is learned on the job.

    It was a challenge to switch out of a heavily theoretical and academic approach to a more practical style which required you to think on your feet and come up with creative solutions, while being very thorough with the law and its application. It was a also a challenge to adapt to quick timelines, long hours and a much faster pace of life. That said, the environment at work although challenging equipped me to adapt quickly and feel confident about my ability to move from my life as a student to a working professional.  

    What do you consider to be the most challenging and important aspects in this field of IT law?

    The most challenging aspect of the field of technology law is that it is changing and evolving at a very fast pace. From being a field that was subject to very minimal regulation, technology is now at the front and centre of most regulation – either in the form of new laws and regulations, or as a result of amendments and changes being made to existing laws to adapt to the digital revolution. While I believe that it is crucial to regulate the use of technology, it is important for the law to not be overly prescriptive and compliance heavy as that would be counterintuitive to very nature of technology and its ability to evolve.

    As an IT lawyer, it is important to marry the principles that the laws are based on with the functions that various technologies bring with it in such a manner that innovation is not hampered, and the harms that technology brings with it are addressed.

    This often requires us to go back to first principles, be very aware of how technology is being regulated across jurisdictions and actively following the policy initiatives with respect to technology as they most often set the context to new tech regulation.

    Often times, you will find yourself walking into a grey area with no interpretational guidance where you need to take calls based on several factors including your deep understanding of technology, the intent of regulations and regulatory perception.

    Jyotsna, do you remember any exigent experiences while advising clients on all these regulatory aspects, data privacy, etc. ? What suggestion would you give to our young law professionals to tackle the same?

    The field of technology law is very broad and encompasses several areas such as cyber security, data privacy, e-commerce, digital payments, content regulation etc. Very often these areas intersect and it is critical for us as technology lawyers to be able to address the full spectrum of issues that a client is facing without operating in silos. A good example of this is in dealing with cyber security incidents which have become very common. The nature of cyber-attacks that organisations face are highly sophisticated and evolving each day and as a result our assistance as lawyers in advising clients on regulatory and commercial aspects becomes critical.

    Cyber-attacks often come with several considerations including regulatory reporting obligations, an assessment of privacy issues (if personal data is involved), criminal law aspects while examining unauthorised access, ransomwares etc., as well as building strategy around communication to the data subjects, to the public and depending on the sector, sectoral regulators. Most often these attacks are multi-jurisdictional and require understanding and working closely with lawyers in the relevant jurisdiction to develop a common strategy.

    In order to deal with matters like this, and generally on matters related to data, technology and privacy, I would recommend that young law professionals train themselves to be nimble, highly aware of regulatory trends, enforcement and practices across jurisdictions to be able to advice clients in a holistic manner. It is also important to guide the client on an approach that is future proof and based on best practices and this often puts the client in a much better position than others who choose to only do the bare minimum when it comes to compliance.

    Jyotsna, people have started feeling that corporate is a safe option instead of choosing a longer struggling period in law, do you think the same?

    I do sense that in-house as a choice of profession has gained some more traction recently, however I don’t think this is necessarily because it is considered a ‘safe option’ as opposed to a law firm. I think in-house roles have also become an important choice as the demands of the role are similar to a lawyer in a law firm, with companies ramping up and investing in legal departments.

    In fact, the challenge of dealing with legal issues by being a part of the company as opposed to serving as external counsel, is one of the main factors that I think drives people to choose in-house. That said, I think there is generally a push to rethink how one wants to practice the law and there do seem to be several parallel tracks that have come about for professionals to choose from, instead of joining a law firm or sticking to mainstream law.

    How do you balance your work and personal life ?

    My approach to balancing work and personal life has always been to not view one as restricting or impinging on the other. I am conscious of the decisions I make when it comes to work and personal life and at all times I try and ensure that I am honouring each commitment. That said, if I am unable to manage a perfect balance, I make sure I am not hard on myself. It is not doubt easy for work to overwhelm and capture all your mind space but with time and small changes to my routine I have been able to feel like I am in control of both aspects of my life.

    For example, the time I set out for my exercise, or to spend with my child is sacrosanct and I try and schedule it in a way that does not allow work to creep in and reduce the time I set out for this. If it means I start my day an hour later, then that does not faze me and most things can in fact wait. I try and stick to a routine that is simple and flexible so that I am able to respond to the demands at work and home calmly. I also make sure that I take small breaks from work whenever I can so that I don’t feel like it is always catching up to me.

    A lawyer sometimes is expected to do work apart from legal functions as well, what are your views on the same?

    Absolutely, and this is an increasing expectation even from clients. The demand now is not just to provide sound legal advice, but also to be able to identify and balance commercial considerations in arriving at solutions. This may need you to step in to the shoes of the various stakeholders you are dealing with – for e.g. if there is a new technology product that is being launched, you need to be able to understand the objectives and outcomes from a technology, business and legal perspective.

    Further, as a lawyer, it is also important to be aware of and participate in public consultations and policy making as this often shapes the regulation that comes out. Separately, as a lawyer in a law firm, you also have several administrative functions attend to including billing, matter management, knowledge management and building and business development. All of these functions are equally important as being a lawyer and equip you to be a better and more efficient lawyer.

    Jyotsna, 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 didn’t enter this profession with a specific roadmap. In fact, when I joined Trilegal I wasn’t sure of what I wanted to specialise in. When I joined, we had a rotation system and my first seat was TMT. I have since then only been part of the TMT practice and I couldn’t be happier with how things turned out. While I am not very rigid with how things pan out and often like to play things by ear, I did set various targets for myself in my journey as a lawyer and what I wanted to achieve. Most importantly, I ensure that I am always growing as a lawyer, and learning new things every day. I always kept (and continue to have) an open mind and as a result I have greatly benefited from the perspectives of my juniors, my peers and seniors.

    The partner’s practice who I started off with has always been a mentor for me and has had a huge role to play in my journey as a lawyer at Trilegal. I have learned immensely from him and the focus has always been to develop a high quality practice that focuses on learning, freedom of thought and self-challenge. It is also important to not lose sight of the importance in building out a safe, respectful and encouraging work space and that has been integral to my journey as a lawyer in this firm.

    While being in a law firm is no doubt challenging and competitive and I have had my share of tough times, overall my experience has been nothing but rewarding and enjoyable and that’s what keeps me so invested in this.

    According to you, what networking strategies should be adopted by the first generation lawyers specifically in corporate?

    Jyotsna: Networking in an orchestrated set up is a challenge for most people and at times is not very effective. I think that networking should be woven in to your practice as a lawyer where you ensure that you are meeting and investing in professional relationships in several inorganic ways. For starters, don’t wait for a specific time in your career to start networking.

    It is never too early and the earlier you start the more natural it becomes for you. Take the time out to think of people that you want to meet and engage with, find avenues to meet that person – it could be a conference, it could be a roundtable discussion or perhaps a knowledge session that you conduct, or are a part of. Keep in mind what to be of interest to that individual and if there are relevant developments, find a way to get your thoughts over to them. Don’t be shy of expressing your opinion or taking a stance as that helps the other person understand your approach and views as a lawyer.

    Most importantly, do not network with an expectation to see immediate results. Building professional relationships comes with its own gestation period and it is important to recognise that. You will find that slowly you will make a mark and people will remember you for your expertise and reach out. And for this you do not have to be the loudest voice in the room.

    Lastly, any 3 best pieces of advice for our young lawyers?


    I would just say keep an open mind, stay on top of all regulatory developments and constantly learn. No amount of knowledge is too much. And find a way to truly enjoy what you do.

    – JYOTSNA JAYARAM

    Get in touch with Jyotsna Jayaram-

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

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

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

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

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

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

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

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

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

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

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

    How far do you see the importance of Client Counselling?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Few advices for our young law professionals?

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

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

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

    -AARZU KHATTAR

    Get in touch with Aarzu Khattar-

  • Nikhil Mathur, Senior Associate at Shardul Amarchand Mangaldas & Co In a FireSide Chat With SuperLawyer On Corporate Litigation, IBC & Opportunities In Same

    Nikhil Mathur, Senior Associate at Shardul Amarchand Mangaldas & Co In a FireSide Chat With SuperLawyer On Corporate Litigation, IBC & Opportunities In Same

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

    How would you describe yourself?

    I am a litigation lawyer who got into Law School wanting to be a corporate lawyer, took up science in my 10th standard to become an engineer (like my father) and aspired to be a sportsperson throughout my life. While I stand at risk to be deemed as ‘fickle minded’, I have been blessed to have the constant support from family members and the necessary guidance from mentors which eventually led me to my field of interest-litigation, that not only gets me excited to go to work every morning, but also pays the bills!

    Why did you decide to pursue law? Is there any specific reason for opting to choose litigation? Kindly share with our readers.

    The decision to pursue law was never planned. My poor performance in academics, especially in the subjects such as science/math and interest in subjects such as English and love for reading (coupled with my talent for providing detailed arguments at home) made it clear that engineering would not be the ideal way forward and pursuing law could be an exciting alternative.

    I credit my decision to opt for litigation, more specifically practicing the field of corporate litigation and IBC to Mr. Vivek Kohli, currently designated as a Senior Advocate and Advocate General, State of Sikkim and formerly the founding partner at Zeus Law Associates.

    As a fresher, I approached him for work in the field of corporate law at his firm. However, his passionate and almost bullish love for the field of litigation and my insistence on doing something in the field of corporate law led me to have the best of both worlds-i.e., the field of corporate litigation and subsequently the mandate of figuring out IBC which was very kindly offered to me at Zeus Law Associates by him.

    As rightly pointed out by him in our first meeting, litigation has the ability to not only consume a person but also give an adrenaline rush on a daily basis which would not make ‘work’ feel like ‘work’.  I feel like waking up with this feeling on a daily basis fully justifies decision to opt for this field.

    Which specific advice has helped you come thus far in law? Could you describe the role of mentors in your professional career?

    An advice I resonate with the most was actually framed in the form of a very simple question- “how bad do you want it?” I feel like this question encapsulates all the key ingredients required to be undertaken behind the scenes to achieve anything in life including forming a vision of your goals and possessing the necessary resolve and determination to continue despite failures and sacrifices.  

    I have been fortunate enough to have many wonderful mentors. As highlighted above, the entire credit and opportunity to practice in a field I love was due to my mentor Mr. Vivek Kohli.

    The very basics of the field of litigation was taught to me by my immediate senior Ms. Anubha Singh and my fellow colleagues Mr. Aishwarya Kaushiq and Ms. Sanjana Mohanty at Zeus Law Associates who still remain extremely close to me.

    The chance to work at Shardul Amarchand Mangaldas & Co. and be involved in such critical litigations which have huge impacts across various sectors was given only because Ms. Misha, Senior Partner, placed her trust on me to be part of her team at Shardul Amarchand Mangaldas & Co. Our professional careers are also dictated by one’s immediate seniors who act as mentors on a daily basis such as Mr. Vaijayant Paliwal and Mr. Siddhant Kant who being my immediate seniors at Shardul Amarchand Mangaldas & Co. have always been extremely supportive, patient and willing to offer their advice on managing situations on a daily basis.

    How did you come to work with Shardul Amarchand Mangaldas & Co.? What are some of the qualities you believe makes Shardul Amarchand Mangaldas & Co. one of the top tier firms of India?

    During my time at college, the brand name of Amarchand Mangaldas was synonymous with excellence and having a job at the firm was the most sought after by various students, including me. Thereafter, as an advocate practicing regularly before the NCLT, NCLAT and the Supreme Court, I would always notice that Shardul Amarchand Mangaldas & Co. and Ms. Misha’s team in particular always had the high stake matters which would often shape the interpretation of the law and be declared as precedents in the field of insolvency.

    From the outside, I would often notice the lawyers of Shardul Amarchand Mangaldas & Co. would always have an edge over their counterparts. The desire to be a part of such a team eventually led to my sending a hopeful email to Ms. Misha, seeking for an interview without any personal contact or reference. To my surprise and to her complete credit, not only did Ms. Misha notice my CV but also called me for an interview and gave me an opportunity to work in her team. 

    I feel Shardul Amarchand Mangaldas & Co. adopt a client centric approach working towards outcomes which not only legally but also commercially cater to clients that have huge stakes in matters.

    I believe the willingness to go above and beyond in managing deadlines, meeting Client expectations and generating true value for Clients in addition to the vast resources that the firm possesses comprising of the best lawyers in their respective fields gives Shardul Amarchand Mangaldas & Co. the edge in the market.      

    How do you maintain work-life balance Nikhil?

    While maintaining a work-life balance is crucial, I personally feel like instead of putting efforts to maintain that balance, more effort needs to be put in making sure one truly stays in the present. By this I mean, one should ideally not be thinking about their work pressures while spending their free time and vice versa.

    However, practically speaking, working at a tier-1 firm is extremely demanding and I admit it is difficult to do the above. While I do struggle with this, I have consciously worked towards implementing it.

    What are some of the challenges you have faced while representing a variety of clients before the Supreme Court, NCLAT and NCLT in the field of IBC?

    The entire field of IBC is centred around ensuring speedy and effective resolution. Any client we represent (whether it be Banks/Financial Creditors, Resolution Professionals/Liquidators, Corporate Debtors/Ex-Promoters or any other party seeking to protect their rights during the process) is usually on a deadline which requires us to constantly manage tight deadlines while delivering the high standards that the firm is known for.

    Additionally, another challenge I have sometimes faced is that due to the reputation of the firm in the market, clients which usually come to us have high expectations and unrealistic demands which sometimes are not plausible. Providing a realistic expectation of possible outcomes to clients and explaining how courts work and deal with matters from a legal standpoint is sometimes challenging with clients who only look at matters from a commercial perspective.

    How do you see corporate litigation and the field of IBC developing and creating new opportunities for lawyers?

    The field of corporate litigation is vast and involves any type of legal proceeding having anything to do with a company including disputes between inter-se management as well as incorporating measures to manage such business disputes. The field requires an intricate studying of not only corporate laws but also an understanding of the commercial aspect behind disputes.

    The field of IBC is ever evolving and dynamic with the law constantly attempting to adapt in line with the demands of its stakeholders thus necessitating the need for lawyers to not only be fully updated but also constantly strive to be ahead of the curve while advising their clients.

    Thus, there are always going to be opportunities in the field of IBC and corporate litigation and if one is interesting in merging the corporate and commercial side while also practicing disputes/litigation, these fields have huge opportunities for future lawyers.

    Any tips on how one should go about framing a CV and preparing for an interview?

    I have learnt the hard way that it is not the guy with the longest CV that gets the job. The CV should be to the point, clear and should have a purpose demonstrating to the interviewer that your core competence suits the firm and relevant team you are applying for. 

    For the interview, it is critical to know your CV. Any possible technical questions which can emanate out of your CV need to be fully prepared for in advance including any updates in the law since you last worked on that particular work item. One needs to have confidence and certainty in any statement being made. Also a sense of humour may sometimes work as well.

    Lastly, a few tips that you would like to share with our readers?

    I would say choose your mentors wisely and always have your family/support system around. My family is my biggest source of strength and it’s important to have such a strong support system in your corner specially on the tough days. 

    Also, irrespective of years of experience, actively believe and work as if you are the best in your field. Take yourself and the work you send out seriously and put yourself on such a pedestal that you are obliged to give it your best.

    Get in touch with Nikhil Mathur-

  • Deborshi Barat, Counsel at S&R Associates In a Discussion With SuperLawyer On Current Demands And Importance Of Practical Skills In The Legal Profession

    Deborshi Barat, Counsel at S&R Associates In a Discussion With SuperLawyer On Current Demands And Importance Of Practical Skills In The Legal Profession

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

    What motivated you to take law as a career and how has been the decision so far?

    Law was appealing at the level of ideas when I was young. In law school, like at NUJS, said ideas tend to get affirmed (absent extraordinary circumstances). For those of us who didn’t grow up with lawyers in the family, some self-selection invariably occurs. Since law wasn’t part of the Indian board curriculum in my time, certain proxies, such as affinities for logic, language, argument, etc., informed the decision-making process. I’m not sure if these proxies are useful, let alone representative, but we do rely on them disproportionately at that stage of life, given informational and experiential scarcity.

    It’s been a pretty good journey so far. I’ve lucked out over time with regard to being able to dabble variously, and I enjoy diverse aspects and manifestations of the law. I look forward to more learning.

    Your internship experiences are filled with renowned firms and other reputed people, was there any roadmap for the same or all did was in flow? How would you guide students in choosing internships?

    I suppose these things are part of an organic trajectory, perhaps steered by a latent sense of purpose. Things do happen in a flow, but we ultimately end up navigating viable paths. Curiosity helps. I see students these days choose internships based on niche interests and very specific practice areas. I admire such clarity, especially at that young an age. While it’s difficult to know yourself completely in law school, elimination is useful. However, I still think that sampling from a large spread is a good idea before marrying into the unknown.

    Could you shed some light on your journey in the topmost university, Fletcher? I’d love to know the flashbacks.

    Fletcher was a cherished destination. Even when I first joined S&R Associates (where I currently work), I had an idea that I might want to explore a specialization later, preferably in a different country. I liked Fletcher because of many things, but most of all for the flexibility and eclectic environment that it offered. The crowd is truly diverse and international, and my ways of looking at the world changed fundamentally when I came out.

    The best memories are perhaps the simplest ones, the quiet neighbourhood, the bucolic surroundings, the redbrick buildings, hours spent inside the ‘Harry Potter Room’, trudging to Harvard amidst the first snow of winter, and endless cups of coffee with friends. Add to that, the opportunity to genuinely engage with people from various walks of life, from various parts of the world, from contexts wildly different from yours: that kind of exposure is irreplaceable.

    Deborshi, among all the specialisations, i.e., in MALD, LLM, and Ph.D. Fletcher’s programme, what do you find the most interesting to you? How far did you use all this expertise in your practical areas of work?

    I liked the Master of Arts in Law & Diplomacy (MALD) program because it gave me the chance to keep law as a base and build on that substratum by adding disciplinary layers to it, including those involving public policy, political economy, international relations, comparative politics, global history, research methods, national security, foreign policy, international organizations, transnational business, and others. The MALD remains Fletcher’s keystone graduate program, and for good reason.

    Also, it’s a 2-year program, as opposed to the 1-year LLM. I’d heard from others before me that a year’s duration often feels too short from a learning perspective, and I wanted a more immersive experience.

    I received two awards as a student under the MALD program: the William L. Blue and Joan R. Blue Scholarship, and the Alfred P. Rubin Prize – awarded by the Fletcher law faculty to the ‘outstanding student of international law’ in a given year. Other than my core specializations at Fletcher, I also cross-registered with the Harvard Law School (HLS) for a semester-long seminar on law and politics.

    Accordingly, I decided to apply for the LLM thereafter. The LLM is a distinctly curated program, comprising smaller cohorts, a very close-knit community, regular exchanges with faculty and peers, periodic events and updates, and some amazing international law professors.

    The career trips to New York and DC pivot away to interactions with partners from global law firms, rather than with policy thinktanks and international organizations alone, such as in the MALD. For instance, Prof. John Burgess, then partner of WilmerHale, was the Director of the LLM program during my stint there.

    His insights on international M&A and cross-border financial intricacies were deeply valuable. At the same time, cross-listed faculty like Profs. Jeswald Salacuse and Ian Johnstone brought with them multi-disciplinary perspectives on investment law, arbitration, the UN, the World Bank, along with constructivist approaches and sociological constructions of the law.

    The PhD, of course, is a very different animal. It’s a self-driven process, especially after you finish your coursework, clear the comprehensive exams, and defend your proposal. That’s when the real research begins, and it’s easy to get lost en route. Besides, life happens. Managing things and people in the course of the PhD – which, in a US curricular perspective, remains an immensely trying, albeit templated, process with several discrete milestones – is one of the bigger challenges.

    Going through your background information, it seems you’re always up for learning something new. Even though you worked independently in the Calcutta High Court, after obtaining MALD and LLM degrees, you indulged yourself in teaching a self-designed elective course in “Law and Public Policy.” So, Deborshi, was that challenging or thrilling for you, and how?

    Being from NUJS myself, I wanted to offer a course there. This was before my PhD coursework began. However, by that time I’d already decided to adopt a more ‘law and policy’ approach to work. That way, offering such a course at NUJS was a culmination of many things, including my interest in weaving together miscellaneous disciplinary paradigms into mainstream legal analysis.

    How about your experience with Harvard LIDS, Boston, and working with ? What do you think is the most exciting part you would like to share with our readers regarding the same?

    From the perspective of personal evolution, these stints were hugely significant, where I wanted to push myself to try new things, especially in the context of applying my learning to situations on the ground. For instance, ‘law and development’ was one of my main focus areas. Working with the Law and International Development Society (LIDS) at Harvard thus provided a great opportunity in respect of putting to use some of the theoretical constructs I’d learnt across real-life problems and circumstances. We worked with the secretariat of Transparency International about the possibility of reparations for victims of ‘grand corruption’ in international criminal proceedings.

    Further, ‘international negotiation, mediation, and conflict resolution’ was one of my other specializations. I was taking a course on mediation with Prof. Eileen Babbitt. Around this time, I joined MWI, a company in Boston working in the ADR space, specializing in dispute resolution for companies through ombudsman, negotiation, consulting, arbitration, facilitation, and mediation services. I worked with instructors at the Harvard Negotiation Project of HLS, learning from their experience of negotiating with Fortune 500 clients and vendors. As part of my training, I mediated a few cases in Massachusetts district courts as well, particularly in south Boston.

    Similarly, I was working with Prof. John Cerone on matters of international criminal law and humanitarian law, which culminated in representing Fletcher for the Model International Criminal Court Moot held at Krzyżowa, Poland; serving as editor for the Journal of Humanitarian Assistance; and joining the Fletcher Human Rights Practicum, pursuant to which a small group of us had the opportunity to collaborate on drafting amicus briefs for the Committee on the Elimination of Discrimination against Women (CEDAW), a body of independent experts that monitors implementation of the corresponding treaty.

    This last experience came in handy because I’d already been working as Supervising Lawyer with Femin Ijtihad – Strategic Advocacy of Human Rights (SAHR) – a 501(c)(3) nonprofit organization. Accordingly, I continued working with SAHR until 2017 as its Global Legal Counsel using lessons from such experiences.

    As Global Legal Counsel at SAHR, I developed best practices and drafted model laws for the purpose of legislative reform, designed judges’ and lawyers’ training workshops, and advised individuals, organizations, and local lawyers/judges in various jurisdictions, including in the US, Afghanistan, Iraq, and Nigeria.

    Later, during the formative stages of my PhD, when I first got interested in the legitimacy of dispute resolution, I worked with my advisor, Prof. Salacuse – an ICSID-empanelled arbitrator and a leading expert on negotiation theory – with the Judicial Leadership Project conducted by the National Center for State Courts at the Harvard Kennedy School of Government.

    I also taught a lot during this stage and worked on several consultancy, research, and training assignments, including in terms of: taking foundational classes on International Law for undergraduate students of the Political Science Department at Tufts University; teaching introductory courses on American Politics, Sociology of Race & Ethnicity, and Globalization & Social Change under the School of Arts and Sciences at Tufts University; updating Prof. Salacuse’s book on “The Law of Investment Treaties” (3rd edition) for Oxford University Press and another book on “International Business Planning: Law & Taxation (U.S.)”; coordinating and teaching a course called “Debates in Economic and Political Relations” conducted by the Horizon Academic Research Program, New York for exchange students from mainland China; and serving as coordinating instructor for the Tavitian Scholars Program in Public Policy – conducted by Fletcher for diplomats and officials from the Foreign Service of the Government of Armenia.                    

    So far we’ve seen lawyers not focusing on their mental health because of work pressure and tight deadlines. Please shed some light on this issue, any tips that can make the situation better?

    We develop our own coping mechanisms over time. If there is meaningful work to be done, there will be appurtenant pressures and timelines within which one needs to deliver. I can’t speak for others, but I like to treat work as an extension of self. Accordingly, it’s very important to me that I enjoy the work that I’m doing, to be really invested in it. When that happens, I think a couple of things coincide: you end up being better at your job, and the pressure stops being a bother. In fact, the pressure might become a thrill in itself.

    I’m deeply aware that mental health is an important issue for all professionals, including for lawyers. Modern-day work ends up creating high-pressure situations for everybody. We ourselves as clients and consumers in quotidian contexts demand fast, efficient service. It’s not so much fun, perhaps, when the boot is on the other foot.

    Work-life balance is what everyone talks about, presumably as an ideal. I’m not big on that myself. I don’t mean that we should sacrifice life, or the pursuit of happiness, at the altar of work. But when work goes beyond a set of itemized chores, or when work means more than something one has to do out of a sense of compulsion or duty, it starts creating a balance of its own. Life gathers around work. Personally, I like that kind of life.

    If, on the other hand, work starts feeling like a lot of work – an ordeal, a terrible burden, etc. – then maybe one needs to move things around. I realize that this view reeks of some kind of privilege that many are ill afford to harbour, on account of variegated factors ranging from family, finances, health, and sundry responsibilities. Having said that, I was diagnosed with Multiple Sclerosis (MS), an incurable and debilitating autoimmune disease, in 2006 when I was in my third year of law school. At that time, I had no idea what MS was, or what to expect from it over the long-term.

    I remember thinking that it sounded pretty awful when the neurologist looked at my MRI and pronounced his verdict. Some other doctors suggested that I leave studies altogether and focus on maintaining my health, let alone maintain hopes of building a career, legal or otherwise. It’s been an interesting journey ever since, for sure. I’ve had incidents of relapse during internships at JSA and NDA. I’ve been tempted to give up many times, because simple things that others take for granted, or tasks that ‘normal’ people do on an everyday basis, get very difficult to complete at times. Since I have the relapsing-remitting kind of MS, there are good days and there are bad days, and some phases of relapse, along with a progressive accumulation of disability over time.

    With that qualification, however, I know that I have been very lucky to have had the kind of support from family, friends, doctors, physiotherapists, gym instructors, peers, colleagues, bosses, and employers that allowed me to continue – be it at Tufts, Fletcher, AQUILAW – where I worked during my PhD, Jindal, or S&R.

    We have to reach out for support when we need it. It sounds simple, but it’s very difficult to do. This realization itself goes a long way in taking care of oneself.

    We have heard that most law schools don’t focus on practical skills, and the current demands as well, what are your thoughts on the same, and how law students and other professionals can upskill their game?

    I was teaching at the Jindal Global Law School before re-joining S&R Associates as Counsel. I think that educational institutions (and the wider pedagogical culture that such institutions uphold) undergo some learning over time and adapt themselves to new dynamics, especially in order to remain competitive and relevant. Compared to my time as a student, law schools these days need to, and do, focus a lot more on practical skills, including actively seeking out legal practitioners to conduct sessions where stories from the trenches are shared to give students a better idea of how things work in the real world.

    At least that’s what my first-hand takeaway was, from my 3-year stint at Jindal – where as an Associate Professor, I offered courses on contract law, investment law, M&A and PE, etc. I myself used case-studies and real-life examples to familiarize students with the commercial law aspects of the courses I taught. The idea was to provide a holistic and ‘practical’ learning experience for all students. The Bar Council of India, too, has introduced various new curricular requirements that focus on such practical skills in keeping with the times.

    Lastly, any 5 best pieces of advice for our readers?

    I honestly doubt that my ‘advice’ will find resonance across the board. Nevertheless, here goes:

    1. Make plans. These are building blocks of your future.

    2. Expect said plans to go awry. Bad things happen, none of us is special. Be prepared to improvise.

    3. Keep an open mind, and keep learning. Staying relevant and curious is half the battle.

    4. Stick to your strengths and build on them.

    5. If possible, have fun meanwhile. Life is short. No point making it more painful than it needs to be.

    Get in touch with Deborshi Barat-

  • Avi Kalra, Founding Partner at Clergy and Wisemen In Conversation With SuperLawyer On Startups, Arbitration and Much More Interesting Aspects

    Avi Kalra, Founding Partner at Clergy and Wisemen In Conversation With SuperLawyer On Startups, Arbitration and Much More Interesting Aspects

    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.

    Well to start with, I am a first-generation lawyer, and to be very honest law was never a career option for me until the 10th Grade, I had planned to either join my father’s business or start something of my own. However, it all changed in the year 2012, when my father was involved in a car accident, in which one bike hit his car and the pillion rider died on the spot.

    After this, it was the first time that I ever visited the Local District Court of my city. During court visits, I was highly influenced by the impact the lawyers could have over their clients. Soon after, I developed interest in Criminal Law and the same grew over me and made my belief indeed stronger. So today, I can proudly say that being in the legal fraternity was a well thought decision and didn’t happen by chance.

    What do you think, which specific advice has helped you come thus far in law? What is that one motivation that keeps you going in life?

    The advice that has helped me come this far is that if you roll up your sleeves and decide to do something, nothing in this world is impossible. Everything is doable, you just need to have the courage.

    Frankly speaking, I never participated in any public speaking event in high school and had stage fear. Now came the time in Law School, when I realized the importance of Moot Courts but the continuous insecurity of never being a good public speaker or having no prior experience kept acting as a barrier.

    It was only in the third year when I got the opportunity to participate in the Intra Mock Trial, where although in my opinion, my public speaking was not up to the mark, however, this opportunity gave me a sense of understanding that it was these mental barriers which were stopping me to do something. Since then, I have worked upon my oratory skills, and have never said no to such an event, which has helped me tremendously in becoming a better orator and Advocate.

    Speaking about Motivation, after winning the National Mock Trial Competition in 2017, me and Prateek Lakra made a goal to start our own law firm after completing 3 years at the Bar. In 2021, we started Clergy & Wisemen, and since then there has been no looking back, and taking our Law Firm to the level of top law firms in India is the motivation that keeps me going.

    Could you brief a case you were led on that substantially broadened your knowledge of the legal field?

    From what I have learned while practicing law is that law is nothing but common sense, one should just have the vision to see the answers. It is an art that is learned through experience and wisdom. During the initial years of practice, the most crucial part is to understand the implementation of what we study in the Law School.

    It was in 2019, when a Fraud had been committed by a person, which was worth crores. In the same case, my client was duped for a handsome amount. Initially, we filed a Suit for Specific Performance against one of the properties of the Accused before the Delhi High Court, however, it came to our knowledge that the Accused had created multiple third-party rights over the property, therefore, we also had to move before DRT, since the bank had started proceedings against the accused. Also, there were claims from various entities, due to which there were multiple suits and cross impleadments.

    Parallelly, proceedings under the 156(3) Cr.P.C. were also instituted against the accused, wherein we got favourable order and an F.I.R. was also registered with the Economic Offences Wing (EOW), Delhi Police.

    These proceedings helped me understood various remedies that a person has under both the Civil & Criminal Laws in India and how the Courts and Tribunals function.

    Among all the specialisation, i.e., Administration law, RERA, Taxation, Corporate law and Arbitration, which area of law is the most interesting to you and why?

    I would say that Corporate Law, since Corporate Law can itself be classified into various other sub-specializations, and due to the recent increase of Startups in India, Corporate Law has opened up various opportunities for Young Lawyers.

    Now, with Startups the issue that usually comes up is that they cannot afford Big Law Firms, and it is where young lawyers can step in.

    Further, in Corporate Law, a Lawyer has to get into the shoes of the Founders so as to protect their interests while making agreements such as the Shareholders and Founders Agreement, so that in case the Company goes for funding or dilutes its equity, the founders don’t lose the control over their own company. Moreover, issues like dispute resolution between founders also has to be carefully drafted. With contracts, it is necessary that the Liabilities are limited, indemnification clauses are watertight, and in the case of Intellectual Property, the rights are carefully defined. I can go on with such examples, such is the nature of Corporate Law.

    What would you do if you had taken on a case that went against your values? Any prior experience you could relate with?

    I take cases as per my conscience; however, I am a firm believer in the fact that a person is innocent until proven guilty.

    Yes, there have been certain cases where I had to self-introspect whether I was doing the right thing, however, I tend to keep my personal opinions and professional life apart. As the great Mr. Ram Jethmalanai once said: “A lawyer who refuses to defend a person on the grounds that people believe him to be guilty is himself guilty of professional misconduct.”

    How do you maintain the work-life balance Avi?

    As a Lawyer, I feel that law is that field where once you are at the initial stage you need to spend more hours, drafting, researching, and navigating through documents, but as you practice more and more it gets easier to locate the crux of the case and you exactly know where to hit the nail, so spend in your initial years, it will reap well. Also, law is just like investing, the more you invest in your legal skills right now, the more returns in the later years.

    Personally, for me, what has helped me maintain my sanity with this schedule is waking up early in the day, and having some time to myself before the whole show at the law firm begins. I believe that one must do something that is good for his/her soul once a week. It’s okay to take a break, but you should know when the break ends. The work should not suffer, make yourself that efficient.

    What strategies do you use to ensure that your clients receive the best possible?

    There is no secret sauce to ensure the best possible results. Each case has to be seen in its own strategic manner.

    In my previous experience be it working at chambers of a lawyer or law firms, one thing I saw was that although the Clients were getting reliefs in their cases, however, they were not satisfied by the management. For example, the client would not know what is going around in the case, sometimes they won’t know what is next date, no regular updates, so on and so forth.

    After starting Clergy & Wisemen, we not only ensured that our clients get the best legal services but also focused on the management of the Law Firm, be it the regular updates of their cases, addressing their doubts, having dynamic meeting slots, taking regular follow ups about our services, etc.

    Now with Corporate Clients, we have come out with certain services such as Contract Lifecycle Management (CLM), Legal Manager, which have substantially increased the effectiveness and efficiency of the services provided by us. Recently, we have tied up with certain AI companies, which help us in the drafting of contracts, although each contract is reviewed by either an Associate or Partner at the Law firm, but it has helped us in reducing the TAT and Cost.

    What challenges have you faced as in bank matters with DRT, DRAT, NCLT & NCLAT?

    DRT and NCLT, alongwith their appellate tribunals, were made so that the burden over the courts is reduced and the cases can be fast tracked. Although, the burden over the courts have been substantially decreased, but I would not agree with the fact that the matters have been fast tracked.

    Since, due to a smaller number of benches, the matters usually take a substantial time to be adjudicated, wherein the sitting benches are not able even finish half of the cause list, and requests such as to list the matter at the top of cause list have to be mentioned.

    Moreover, these tribunals are not on par with the High Courts, be it the adjudication process, or the working of the registry.

    Therefore, I believe that the number of Benches in the Tribunals should be increased and only in the rare cases the timeline mentioned under the Code shall be extended.

    Lastly Avi, any advice for our young legal professionals?

    My advise to the young legal professionals would be that they should always be updated with what is going around in the Legal Sector, this would not only help them in increasing their knowledge, but also to strike out a conversation at a relevant place and time, and trust me this helps significantly.

    The other would be that they should understand that whatever service you are giving should be a valuable addition to the client and it must solve their problem, taking care of these would definitely help a professional building up his name, since the person would not only happily pay his/her fees to you, but also would recommend you to others.   

    Lastly, in case someone is planning to start his own practise, then rather than just possessing the legal skills, one must also have the skills of a sales person, it might sound a little different, but Law is a Business until you get a client, one might be a very good lawyer and possess good skills, but till the time he has got no client, those skills would be worth nothing. Therefore, it is advisable that you must know to sell whatever skills and knowledge you possess. 

    All the best!

    Get in touch with Avi Kalra-

  • Lokesh Bhola, Managing Partner at Legal Icons In Conversation With SuperLawyer Shares His Side On Struggles For A First Generation Lawyer

    Lokesh Bhola, Managing Partner at Legal Icons In Conversation With SuperLawyer Shares His Side On Struggles For A First Generation Lawyer

    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.

    It was not at all planned. After completing 10+2 in commerce stream, I opted to become a Chartered Accountant. I had even took admission and deposited fee for that. During that time, five year course from I.P. University, Delhi was introduced and  my father influenced me take a plunge in the field of law. I had appeared in the common entrance test conducted by the University and was fortune to get admission in limited ‘free seat’ on basis of merits.

    Initially it was more of subjective learning rather than practical and took some time to get myself adjusted in that flow. Afterwards, I had started developing my interest and scored well thorough out all semesters. Never thought that I would become first-generation lawyer in my family, however destiny has chosen so for me.

    What do you think, which specific advice has helped you come thus far in law? What is that one motivation that keeps you going in life?

    As a first-generation lawyer, the journey has been quite tough yet exciting. Working as the junior most associate in the Law Firm to heading a boutique Law Firm has been an overwhelming and enriching experience.

    The hurdles on the path of this journey, especially as a litigation lawyer, are tough to handle. Consistency and Dedication are two stepping stones for almost every success.

    Do not expect quick results especially while practicing as litigation lawyer. Change the mindset from working as employee to working like a professional. Own responsibility for every step taken by you while working on a matter. Success does not come without failures. We cannot have favourable results the way we thought every time, however we should be capable enough to be responsible for those results.

    Initially many colleagues even left the profession due to various reasons like low income, great hard work with slow or no results and that had sometimes demotivated me to choose this profession, but like a pillar of strength and motivation my family stood beside me and here I am today, enthusiastically climbing the ladder with more than seventeen years of experience and having Law Firm of my own. 

    Could you brief a case you were led on that substantially broadened your knowledge of the legal field?

    In last seventeen years, I had the privilege to lead as well as assist my senior colleagues in various corporate commercial matters across different Courts and Tribunals. 

    I fairly remember a matter dealt by me in my previous law firm, where we used to brief Late Mr. P.P. Rao, Senior Advocate in a constitutional matter being tussle between State Government and Union Government to enact law to control and supervise State Universities in the State of Himachal Pradesh.

    We used to take him for hearings before High Court of Himachal Pradesh at Shimla. In my entire career, I have not come across any other Senior Advocate like Mr. Rao, who was so thorough and clear in his understanding on the constitutional matters.

    He used to throw case law citation as well as its relevant paras to us while briefing him. That matter has surely broadened my concepts on educational and constitutional matters. I think it was his hard work and good wishes that we won that matter on his birthday.

    As an empanelled Arbitrator with prestigious Delhi International Arbitration Centre at High Court of Delhi, I have gained experience of deciding matters judiciously which has helped me in proving reasoned and more apt interpretation of legal issues.

    Lokesh, you have over a decade of experience in legal, how do you see the legal industry coming up with new concepts and creating exciting opportunities?

    India is a large country and the biggest democracy in the world. We have by far the longest constitution in the world, so the laws are accordingly quite vast. Similarly, there are host of Cases pertaining to Supreme Court and High Courts. Both these are referred regularly in the current set of cases and used immensely in the courts and by the lawyers. All this can happen only through digitization and having effective analytical tools which can help a Lawyer to quote relevant cases in the court and the corresponding Legislations and Provisions.

    I can see a lawyer walking into the court with a simple Tab and referring to relevant Legislations/Cases and the Judge verifying the same through his online terminal linked to the Master Registry. No more attachments of papers/cases/book portions etc. It makes the system faster, accurate and efficient.

    There is a huge role for Digital Transformation to play in the Legal Industry. We are far too behind in this area compared to our western counterparts. Undoubtedly, thanks to corona period, we have come a long way in transforming ourselves from a paper-based judicial system to a digital system. However, lot more is required to do in this field to help in surviving in faster pace.

    You have been there in some really big deals, how would you educate our readers about the risks attached to the same?

    Every journey has up and down graph like an ECG report. It is always fascinating to deal big ticket matters, however the same comes with many fold of challenges and expectations from client and senior colleagues. It’s true that our hard work should not depend upon the quantum of the matter dealt by us, however high stake matters involves greater effort and strategy to deal the same.

    Don’t hesitate to take opinions from expert or senior colleagues in a ticklish matter. A direction is must to achieve a goal. In a litigation, experience has bigger role than the academics. One should always adapt to learn not only by reading and research, but learning from experience of others especially your senior colleagues.

    A small court crafting skill can save you from multi-fold hurdles and that comes from court experience. A young lawyer should sit and watch proceedings in court rather than roaming outside courtroom waiting for his turn to come. A lawyer must not enter courtroom without reading his brief as you never know what may come from bench as a query.

    What strategies do you use to ensure that your clients receive the best possible?

    My preparation for a matter starts from first meeting with the client. We should make goal oriented strategy in a matter that too keeping in mind the financial implications on the client. Now a days, thanks to multiple courts and forums, we have various alternatives available to churn out results in a given matter in a most possible and economical manner. My endeavour is to pull our best suitable remedy out of bunch of options available for a given client considering his financial capabilities and timelines to get desired results.

    At the same time, a lot depends upon the zeal and hunger of client to get results in a given time frame. Many clients opt not to disclose correct and complete facts on the threshold which leads to multiple hurdles and greater time to achieve the desired goal.

    Workplace harassment also contributes to mental health issues that last forever, what are your views on the same? 

    Work-life balance is very important to ensure a long term efficiency in work and a satisfaction in your personal life. Workplace stress can be managed by fixing short term goals and taking all possible effort to achieve the same.

    Being a Partner, I try spend sometime with my team members to interact and discuss work and the general life related aspects. However, one needs to prioritise the work and maintain a discipline during the working hours.

    I am a strong supporter of not carrying the work related stress to home and spend my away time playing with my daughters as well as working out. It is equally important to take care of your health and therefore, I have made it a routine not to carry work at home except in dire emergency.

    Lastly, any 5 best pieces of advice for our readers?

    Legal field requires continuous study and keeping yourself updated of the latest developments. So, it is very important to make an early habit of reading latest judgments as well as precedents. Young lawyers should also visit Courts and hear established legal practitioners argue the cases in Court.

    There are no substitutes for hard work in law. I’ll quote J.R.R Tolkien, when he said “Shortcuts make long delays.” There are 5 P’s success formula  – Passion, Patience, Punctuality, Perfection and Politeness.

    Get in touch with Lokesh Bhola-

  • Deepika Pokharia, Senior Associate at Saikrishna & Associates In a FireSide Chat with SuperLawyer on IPR, Taxation and Evolution of NFT, AI and Metaverse

    Deepika Pokharia, Senior Associate at Saikrishna & Associates In a FireSide Chat with SuperLawyer on IPR, Taxation and Evolution of NFT, AI and Metaverse

    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?

    I would say it was planned for as long as I can remember. When I did not score the desired rank in my CLAT examination, I decided to do law post-graduation. I studied B.Com (Hons) at Shaheed Bhagat Singh College, Delhi University and thereafter, took admission in Campus Law Centre, University of Delhi. I have always been inclined towards litigation and so far I think it is working out well for me.

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

    I have been very fortunate both in terms of having the absolute freedom in my career choices and finding the right opportunities. I started my professional journey with Wadhwa Law Chambers as an IP Associate.

    Despite working in a relatively niche field of law, I was exposed to all kinds of work ranging from general advisory, commercial litigation to transactional work. Additionally, smaller teams ensured significant contribution in every matter.

    I just feel that as a first generation lawyer there is certain lack of insight or clarity one has in figuring out their career goals. That being said, everyone has different journeys and law being the dynamic profession it is, every opportunity irrespective of the organisational structure or area of practice is worthwhile. 

    The only major struggle for me (as well as my peers) has been to achieve a work-life balance, which generally becomes impossible in smaller set ups. This problem is also supplemented by our own deep-rooted conditioning and seeking validation in overworking. I think having a healthy professional relationship with your senior(s) is significant in resolving any such workplace issues.

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

    That’s a very wide question given the range of IP rights and Tax statutes in India.

    To answer it briefly, I would say insofar as IPR is concerned, understanding the overlap between various IP rights is extremely important. Additionally, in any intellectual property issue, whether litigation or transactional, the foremost consideration is determining the scope of the IP right involved.

    Again, taxation has a very wide domain. While having a basic understanding of the tax implications, statutory timelines and compliances is a prerequisite to any tax dispute, one needs to be updated with the ever growing developments, jurisprudence and amendments. Circulars, Press Releases and Notifications also assume a significant role in understanding taxation issues.

    What are the most prominent challenges that you have come across while dealing with Tax and IPR Transactions? 

    Both Tax and IPR happen to be slightly technical fields and as such breaking down the legal issues is always a challenge. Lack of substantial precedents with relatively new enactments such as the GST Act poses another challenge. For that matter, even the concepts of Design law are still not well-settled in India.

    Deepika, how do you ensure that clients’ intellectual property is adequately protected, and what are the basic compliance procedures one has to work upon? 

    I have personally witnessed a growing awareness about the importance of intellectual property (particularly trademarks and copyright) amongst upcoming business and entrepreneurs. Brand protection is finally being considered paramount amongst businesses, who not only seek to protect their brands but also understand the legal consequences of intellectual property violations.

    The basic idea is to start early and secure statutory protections. The importance as well as effectiveness of  IP Prosecution cannot be underestimated.

    What are the most common mistakes you see businesses make in IPR nowadays? 

    Like I said, businesses, irrespective of their size and operations, are increasingly becoming conscious of intellectual property rights. However, not acting early enough both in terms of protection of one’s IP rights and initiating actions for any infringement/violation poses significant problems.

    Besides this, businesses need to be extremely wary of loosely-worded agreements whether it be licensing, settlement or even employment contracts insofar as they pertain to ownership of the IP rights.  

    What resources do you recommend for staying up to date in law? Any blogs that you always keep an eye on?

    Insofar as the general and daily legal updates are concerned, dedicated legal news resources such as Bar and Bench and Live Law already cater to a significant audience which even includes non-lawyers/legal professionals.

    For developments in the field of IP law, I find SpicyIP and IPWatchdog very interesting. For that matter, LinkedIn has now become a great source for legal updates. More often than not, I find myself looking for a case law on LinkedIn because I recall scrolling past something familiar on the platform. What is really great about LinkedIn is that its not just independent practitioners or firms sharing daily updates but law students having an inclination towards IP.

    If your university or office have a PTC subscription, I would always recommend skimming through it.

    Deepika, you’ve been quite active in these IPR dealings, but lately we are witnessing the evolution of Metaverse and NFT, according to you how will it affect the legal industry?

    I feel with every technical development/evolution, comes in the legal disputes. Internet and e-commerce have opened floodgates of litigation with IP disputes constituting a major chunk of it. Similarly, copyright and trademark issues particularly, one concerning the ownership of such IP rights in NFTs seems imminent.

    “As dependency on tech and AI will increase, issues pertaining to security and privacy will also witness an increase”, please throw some light on this statement.

    That goes without saying. Digital footprints and access to personal data invariably leads to security and privacy concerns. While it is impossible not to move along with these technological developments, we will have to educate ourselves of all the possible repercussions.

    Just last week, there has been a lot of discussion on privacy issues concerning the Lensa AI mobile app which is being used by several celebrities/influencers across social media platforms for sharing their AI generated “avatars”.

    Any 5 best pieces of advice that you would love to give to our readers?

    Well, here are the five takeaways from my experience so far:

    –Constantly reassess your growth and goals. What gives you work satisfaction today, may not tomorrow.

    –Insofar as possible, work on all sorts of matter and do not pigeonhole yourself.

    –A law degree does not necessarily translate to litigation so explore your avenues.

    –Professional work ethics and accountability goes a long way.

    –Lastly and most importantly, break out of your legal circle every now and then. Meet your non-lawyer friends, engage in discussions about anything but law. The idea is to expand your horizons and avoid the burn out.

    Get in touch with Deepika Pokharia-

  • Vijayanand Subramaniam, COO at Transasia Soft Tech -Cyber Risk Management In Conversation with SuperLawyer Speaks on Risk Assessment ,Cyber Security & Careers in Same

    Vijayanand Subramaniam, COO at Transasia Soft Tech -Cyber Risk Management In Conversation with SuperLawyer Speaks on Risk Assessment ,Cyber Security & Careers in Same

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

    What inspired you to pursue a career in Cyber Security and Technology Law? 

    I have in most part of my career been engaged with leading industry verticals which are prone to high risk, BFSI being prominent amongst them. Risk management has been one of the primary focus for most senior executives in any form, be it operational risk, credit risk, compliance risk, security and fraud risks and so on. Given the fact that I have been a Banker and also spent a decade with technology coupled with a background in law, this only got better with changing digitization trends. Emerging technologies paved way for a deeper engagement that prompted me to move towards Cyber Law and Cyber Risk Management.

    What challenges have you faced while working in this field? 

    As our risk advisory committee comprises of risk management professionals and domain experts from Insurance and technology, we undertook extensive research on modelling in Cyber Risk Assessment & Quantification.  The initial years were quite enriching in terms of brain racking sessions on conceptualizing the idea. 

    Some of the challenges we faced were to identify the key points that could bring stakeholders from diverse industries on a common understanding of Cyber Risk Assessment, Quantification, pricing and claims management. Our key stakeholders are Insurers, Reinsurers, Breach Response Vendors, Cyber lawyers and Corporates.

    Cybercat is an outcome of extensive research in Cyber Risk Modelling, Can you explain?

    This is a non-linear model to quantify cyber exposure more accurately with a very “low error margin”. Organizations can undertake assessment and quantify cyber for catastrophic events, which will assist different stakeholders within the organization namely management, operations, legal, finance and technology to understand business impact and thereby mitigate risk with policy and technical measures or by way of risk transfer to insurers (Cyber Insurance).  The model provides a mechanism to price Cyber risks for Insurance industry.

    What do you consider to be the biggest challenge of Cyber Security and Technology Law? 

    An organization’s major challenge would be to ensure cyber security culture with a top-down approach across the organization.  It is important to understand three principal components of cyber risk which is operational, reputational and litigation risks and ensure greater degree of compliance. The enterprise information security policy should be enforced, delegated and implemented in true spirit. The driving force behind any cyber security program is its leadership and it sets precedence for the organization. Cyber-attacks revolve mostly around the “human angle”. While technology may provide a pathway they have to be handled efficiently as cyber governance, risk and compliance play a pivotal role in addressing these risks.

    What do you think are the most important skills needed to be successful in this field? 

    The field is wide open and there are many avenues today, most disciplines have branched out giving great opportunities . Some of the skills that are required for a career in this field are Cyber security engineering, Network security, incident forensics analysis, Data Architecture, problem solving skills and threat hunting analysis.  

    What advice would you give to someone considering a career in Cyber Security and Technology Law? 

    There will be a huge demand for candidates such as Cyber security specialists, Information security experts, Forensics experts, Privacy specialists, cyber insurance specialists, and Cyber dedicated lawyers in the coming years.

    How have you seen the landscape of Cyber Security and Technology Law evolve over the years and what new opportunities it can bring for people in this field? 

    The quantum of cyber-attacks has leaped over the years exponentially. All countries throughout the world are focussed towards having a National Cyber Security policy and data protection laws.  There are few countries that have exhaustive laws while some countries are yet to have comprehensive laws. The onus now shifts to corporates as measures are required for regulatory compliances without which having regulations is simply defunct. This again will bring plethora of opportunities to legal, Information security and technology specialists or those with techno-legal qualifications as corporates would need specialists to fulfil compliance requirements.

    What do you mean by Strategic Cyber Risk Assessment? and How does C-level executives benefit from the Assessment?

    Every organization today is in some state of fear of getting hit by a Cyber-attack, be it Malware, Ransomware or data exfiltration etc. While in most entities it is the technology that adheres to most of these technical processes it is important for the Senior Management to understand cyber and its impact to business.  Cybercat provides C-Level Cyber Risk Assessment at a macro level for executives to get a broader view of Cyber Risk for their organization. 

    This will assist senior executives to get first-hand information about organization’s cyber posture and the monetary value at risk.  This can further succour in the overall cyber program envisaged by the top leadership in making it a cyber resilient organization.

    What do you think is the most important thing to consider when it comes to protecting a company’s digital assets? 

    Every organization should have an inventory of digital and physical assets and also have a tracking mechanism of inventories.  There are a few things that should be part of mandatory company Asset and data protection policies such as protection of digital assets, viz, password management, Multi factor authentication; Role based access, Encryption and back-up of data. Centralized digital asset management is also used by industry to manage digital assets.

    What are some of the easiest ways of conducting litigation and risk assessment?

    There are multiple ways of conducting Risk Assessments remotely, let me differentiate between Cyber and Non-Cyber Risk Assessments.

    The Cyber or Technology Risk is assessed through the Cybercat©™ platform. The platform itself is a robust internationally validated risk model and proprietary software (Registered and copyrighted) that has been written around the risk platform. This provides a completely automated report for not just assessment, but also quantification in INR/$ terms and recommendations for risk mitigation and improvement. As the assessment is generated on real time basis it would be ideal to run the assessment either on quarterly or trimester basis in order to map the dynamic risk profile. This will cover operational, reputational, legal and technical risk Assessment.

    The other forms of assessment which are core technical would comprise of Vulnerability Assessment and Penetration testing and Red team assessments.

    Non Cyber or Non technology risks have a different objective as they deal with Directors and Officers Liability, Crime Insurance and Professional Indemnity and Contract Risk. They would also need a detailed ERM (Enterprise Risk Management) with specific questionnaires crafted around the key areas to understand the time value of legal dispute and probable loss estimates.

    According to you, what are the most important steps a company should take to ensure its Cyber Security and Technology Law compliance?

    Here are couple of key steps that I can think of:

    • There is an impending need for a strong leadership focus on cyber security.
    • An organization has to drive the cyber security change to create greater awareness and a sense of responsibility amongst their human resources.
    • Organization should have a greater understanding of their systems, network and data and undertake Business Impact assessment to guard against risks and quantify damages.
    • Organizations should evaluate their existing versus newer technologies and put a layered protection to combat cyber-attacks.
    • Organization should consider frequent assessments to find the vulnerabilities and take mitigation actions.
    • The legal team should be proactive in determining the risks related to their organization’s business profile.
    • Last but not the least having a Cyber Risk mitigation plan is inevitable for all organizations to not just understand risk but also to take measures to bring down cyber incidences.

    Lastly, any 5 best pieces of advice for our young law professionals?

    Today’s young law professionals are so dynamic that they don’t need any advice. Yet here are a few things which I suggest out of my experience:

    • Law is an ever changing field and hence one needs to be an all-rounder.
    • Law professionals should look at widening their horizon during their academic stint besides trying to acquire practical knowledge through internships all through the course.
    • Law professionals should keep track of multiple sectors and understand the changes that are happening in each sector.  While one need not be a specialist in everything, but keeping tab of things always helps in creating niche area of practice over a period of time.
    • As there is no perfect solution for anything and only possible options one should ideally think from a future point of view and visualize possible solutions.
    • Young lawyers should ensure to write good legal pieces and publish them in reputed law journals to add credibility and value to their profile which will go a long way in building and establishing their reputation as a subject matter expert over years.

    Get in touch with Vijayanand Subramaniam-

  • Shubham Malhotra, Senior Consultant at Legal League Consulting In a Fireside Chat with SuperLawyer Speaks on Law Firm Management

    Shubham Malhotra, Senior Consultant at Legal League Consulting In a Fireside Chat with SuperLawyer Speaks on Law Firm Management

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

    Tell us a bit about your work life, your dreams, and your aspirations.

    ‘Don’t try to minimize your struggles. Try to make it more meaningful.’

    As a law firm management consultant, there is no room for a dull day. A blend of business management and people management initiatives is what usually keeps me occupied during my day. From assisting law firms in brand-building exercises to handling numerous HR initiatives, my day at work revolves around dealing with multiple roles. I usually say this out of fun that the job of a law firm management consultant is no less than an ‘Actor’ because we play multiple roles during our tenure and each role requires different skill sets and a deep understanding of the character.

    If we talk about dreams and aspirations, ‘I don’t have dreams, I have goals’ (quoting Harvey Spector from ‘Suits’, an American sitcom).

    Adding value, providing rational solutions, assisting law firms in developing their practice, and taking the firms to the next level of growth are a few of my goals as a professional. I believe in the approach of ‘Pragmatism’ and my focus is always on overcoming obstacles for my clients.

    Personally, I always aspire to live a balanced life, giving equal importance to my professional journey and personal aspirations. I believe in the strategy of building small targets, conquering them, and moving on to the next one.

    To sum up, one day at a time.

    Do you reckon any incident motivated you to choose law as a career?

    ‘Law just happened to me.’

    I will be honest, Law as a career never happened to me with any professional desire of being a lawyer.

    I remember, when I was in the last semester of my graduation, every other classmate had a plan for either pursuing higher studies from a foreign university, or appearing for MBA exams, competitive exams, etc. And I was just a curious lad with no plans. That’s when I was introduced to the 3-year LLB program conducted by Delhi University by one of my seniors.

    But I ended up taking admission to Amity University’s 3-year LLB program not because I was not able to crack DU’s LLB exam (no offense to anyone) but because I happen to get a chance to participate in a band competition before ending my last semester (yes, I am a guitarist too) in Amity University and I was astonished by the campus, which resulted in appearing for Amity’s LLB exam and interview, I cracked it (like many others) and did not appear for my Delhi University exam.

    So, to answer your question, I think my irrational decisions motivated me to choose Law as a career.

    How did you decide to leave the world of traditional law and pursue your current role at Legal League Consulting, an Indian management consultancy for the global legal industry?

    “We always have choices. No one’s ever stuck. We are just scared to make those choices.”

    Being a first-generation lawyer, my curiosity to explore the opportunities available in the market for a lawyer made me do ten (10) internships (yes, that’s a lot for a 03-year program student). From interning in district court to a Tier-1 law firm, PSU, NGO, start-up, you name it, I would have done it.

    Even after exploring the legal market, I was skeptical about the career path I want to follow after attaining my LLB degree but all the internships definitely helped me realize what career paths are not a right fit for me.

    It was because of this unstoppable desire of exploring the opportunities that I met, Bithika Anand, Founder & CEO of Legal League Consulting (LLC), and Mr. Nipun K. Bhatiaa, President of Legal League Consulting (LLC), during one of my internships who introduced me to the world of law firm management.

    But my stars had a different plan initially and I got a campus placement at Ernst & Young (E&Y). I learned the craft of forensic investigations for almost 2.5 years and got the opportunity to be part of a few major fraud investigations in the country during my tenure before joining India’s first law firm management consultancy.

    One fine day Mr. Bhatiaa informed me about an opportunity at LLC but being totally unaware of the field I did not opt for it initially. Regardless of not opting for the opportunity, the law firm management domain kept intriguing me. As a result, I did a lot of research and interacted with other lawyers on LinkedIn who were on the same road, and eventually, after almost a year, I made a choice, and here I am.

    Law Firm Management has been talked about in the legal industry, but we would love to know from you what exactly this practice area entails. How can law students prepare themselves for a niche role like this?

    ‘Let Lawyers do the lawyering. Rest, we will handle.’

    From practice development initiatives to building brand perception, from building the best practices for managing the human resources in a firm to building synergies between law firms for better growth and opportunities, from constructing social media strategy to developing knowledge management programs, all come under the umbrella of law firm management practice.

    To answer your question on how a law student can prepare for a niche role like this, sadly, as of now, our law curriculum does not include law firm management as a subject, which I suppose will change in the near future.

    I believe if a student is eager to learn the nuances of law firm management, then the practical experience of learning is a must. Nothing can beat the power of networking and one can start building a habit of networking at a very early stage. Further, a student can develop certain skill sets including (but not limited to) graphic designing, legal content writing, social media marketing, public speaking, etc. which can work as an added advantage while stepping into the world of law firm management.

    In the past, you have worked at Ernst & Young, where you specialised in Forensic Investigation. We would like to know what Forensic Investigation entails and what are some of the skill sets necessary for law students to pursue this niche area of practice.

    Ernst & Young was a great learning experience where I witnessed the world of forensic investigations or as I say, ‘The world of Sherlock Homes’. Forensic investigation entails investigating corporate fraudulent activities and commercial threats to organizational integrity. Conducting marketing intelligence, reviewing financial and other relevant documents, interviewing custodians, etc. form part of forensic investigation.

    If one is willing to build a career in the field of forensic investigation, I would suggest focusing on laws related to fraud, bribery & corruption, and data privacy which include (but are not limited to) the Foreign Corrupt Practices Act (FCPA), UK Bribery Act and Prevention of Corruption Act (PCA). Having said that, practical experience is irreplaceable and I strongly suggest investing time in learning the practical nuances along with developing theoretical knowledge.

    Finally, any advice for young professionals wanting to get into areas of practice like yours?

    “The challenging part is in the beginning; it’s a leap of faith. But I think the most important thing is to just do it. Start.” – Tom Szaky

    Law firm management is a road that is less traveled and I still remember having doubts when I decided to follow my instincts and opt for law firm management as my career option. But down the line, I have realized that patience is the key.

    I always suggest to the young professional to focus on developing a skill set that can help in solving a problem. One can be good at writing content or one can have great designing skills or one can be great at building a network. The key is one needs to find how to be useful.

    The law firm management profession is a roller coaster ride with its constant ups and downs. Keep a good attitude along the road, and life will always find a way.

    Failures or setbacks should not discourage you. Never shy away from making a change and always follow your instincts. Work hard, but also enjoy the process alongside. Most importantly, focus on adding value and being useful.

    As a professional, there will be moments of burnout. Always have at least one hobby. Your hobby will act as your best friend and will pull you up during your downtime’s. I prefer plucking my guitar strings and playing cricket on weekends which is my stress buster and boost me up to start afresh. 

    Explore all your interests during your time in college without any second thoughts. Your marks are important but they will not be the only deciding factor for your growth.

    On your marks, Screw your marks, Go!

    Get in touch with Shubham Malhotra-