Super Lawyer

Tag: Law Firm

  • “When I use the word learning, it is not limited to various laws and Court cases but also extends to communications and handling different clients”- Achal Shekhar, Partner at Ediplis Counsels 

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

    Can you share your journey and how you ended up becoming a litigation attorney, especially specializing in intellectual property disputes, arbitration, and corporate laws?

    It all began from a small town called Chittorgarh (Rajasthan), where I was born and did my schooling. There people were aware of only very limited career options such as engineering, BBA, MBA or BCA, MCA. Most people opted for one of these. 

    I was not inclined towards any of these and was honestly quite confused at that point. It was then through a relative that I got to know about the integrated course of BBA, LLB. I researched on the subject and that’s where I was hooked. That was my first exposure to legal life. 

    During college, I participated in a few moot court competitions (most of the time as speaker), as well as took on internships every semester. So while my initial mindset was towards joining a company as in-house counsel, from these experiences, I learned about my acumen as a litigator and speaker. Most importantly, I enjoyed it tremendously. I understood that a legal career is like a tree with several branches, but the trunk remains litigation i.e. the Court practice. Because no matter which branch you choose as your career, you will always find your way back to the trunk i.e. the court cases and litigation. 

    By the time I reached my final year of law school, I was sure that I would start my career most definitely with litigation to learn drafting, filing, arguing, preparing for Court hearings, etc. Basically all the aspects of litigation. After graduation, I joined a law office in Jaipur, Rajasthan. 

    In Jaipur – at my first job, I was handling Intellectual property infringement cases. I also helped some of my seniors in court while appearing and arguing bail applications and other cases, with no charge. My focus was to learn as much as possible in my first year. This is how I got several opportunities to argue IP infringement cases, bails, criminal first appeal, Arbitration petitions, MACT cases. 

    While the experience in Jaipur was a very rich learning experience for me, I was still worried about my financial stability. At the same time, I also started enjoying the process of  preparing cases, finding case laws, preparing arguments, occasional long nights and  then arguing in Court. All it took to make up for any tough nights, bad days, etc., was a single compliment or favourable order from the bench. 

    Another subject that has piqued my interest since my college days is the law of crimes. Naturally, I dabbled in this field as well. That said, soon I realised that Intellectual Property laws and Arbitration are comparatively newer statutes with a lot more coming especially in terms of interpretation and evolving jurisprudence. Being a first generation lawyer, I was especially keen on taking on a new challenge and mastering it- drawing me into these new subjects.

    Even when I was practicing in Jaipur, I frequently travelled to the Delhi High Court for various IP and arbitration matters. Slowly I realised that the scope of learning is far wider in Delhi for these subjects motivating my move to Delhi.

    In 2017, I got an opportunity to join a law firm in Delhi where I learned a lot about Intellectual Property Laws- such as civil and criminal cases, enforcement and raid actions, communicating with clients and general advisory. This was great exposure and after a few years I took the risk and finally decided to go independent. I wanted to explore and learn matters arising out of various other laws such as Criminal cases, Arbitration matters, other Commercial disputes, etc. 

    During my independent practice, I came in contact with the Senior Partners at Ediplis Counsels. The very first conversation was fruitful as they not only understood my passion for litigation but in fact appreciated it. So much so that I was offered a partner position to develop and manage a team for litigation. 

    With almost a decade of experience practicing law, can you highlight some of the most memorable cases you’ve worked on, particularly those involving the interface between criminal and corporate laws?

    Ahh! I always find these questions very tough to answer. I treat all my cases like my baby and it’s always difficult to choose your favourite child. However I still remember one fine day when my senior in Jaipur called me for a meeting immediately. I was informed that an FIR was lodged in Kota against one of our clients for alleged copyright infringement. This client was in fact a senior citizen. He was being taken from Alwar to Kota (Rajasthan) under custody and I was asked to leave immediately to figure out his release. This was particularly important as Diwali was approaching. I reached the police station at Kota and tried to convince police personnel that the allegation in the FIR does not constitute any offence under the Copyright law, however all efforts went in vain. 

    The next day, my senior was supposed to join me but due to some unavoidable reasons he couldn’t make it. This was when I got the opportunity to argue my first bail and my client was released. When I returned to my office in Jaipur, my senior gave me my first salary. For obvious reasons, this case is still very close to my heart. 

    Another very interesting and relevant scenario is when we recently filed an action against a social media influencer who had uploaded multiple defamatory/disparaging videos on YouTube. In this day and age of the internet, it was of utmost importance to take swift action to prevent dissemination of defamatory/disparaging content. After consulting with our client and relaying our strategies, we were able to file a suit for injunction and damages wherein on the first date of hearing, we secured an ex-parte, ad-interim temporary injunction against the social media influencer. Google was also directed to take down the disparaging videos from their platform Youtube.com 

    At the moment, we are also handling a very unique case of identity theft where an unknown person has obtained illegal digital signatures in the name of our clients, created fake LLPs, and filed trademark withdrawals impersonating our clients. We filed a writ petition seeking appropriate directions from the Delhi High Court and the Hon’ble Court was pleased to direct the government departments to reply to the representations submitted and resolve the issue within two weeks. Since these discussions and a final resolution is impending, I cannot disclose any further details for now. We curated an out of box strategy for our clients here and I’m happy to report that it has provided good results. 

    Having worked with different law firms and currently heading litigation at Ediplis Counsels, what factors influenced your career decisions and transitions between firms? 

    Litigation is generally also called “practice” i.e. the more you work, the more you learn. When I use the word learning, it is not limited to various laws and Court cases but also extends to communications and handling different clients. Each client is unique and accordingly needs different kinds of solutions, patience levels, strategies, etc. My transitions between firms was motivated by the various learning opportunities that each place provided. At every firm I have learnt a lot – not only have I learnt how to handle different kinds of cases but also to handle different kinds of clients ranging from a poor needy person, to a new and promising start-up, or even an established conglomerate or governmental body. 

    Finally, joining Ediplis as Partner was a conscious decision as now I can not only independently use my experience to serve the clients, but at the same time can always strategize with other senior partners who are experts in their respective domains. 

    Your profile mentions expertise in conducting civil and criminal raids for trademark protection. Could you share an experience or case that stands out in this aspect and the challenges you faced?

    So in Trademark Law- there are two kinds of remedies against infringement, one a civil lawsuit filed before the Court seeking injunction and second filing a criminal FIR. In both the scenarios, it is imperative to conduct search and seizure at the premises of the infringer (also known as raid). 

    I have been lucky enough to be a part of both civil and criminal raids in my journey. It involves lots of research, right from the starting till the infringing products are seized. Each experience brings something new to the table – sometimes one may have to convince police personnel or even explain the basics of IP law, other times you may have it easy with personnel who already know the procedure. The risks can also vary as it is possible that the target entity is very influential in a local area. This could create problems right in maintaining secrecy which is a crucial component before any raid- the complete procedure is not only very filmy but very exciting also.

    I still remember one raid which I conducted for a famous electronics manufacturer. The targets were spread out at 16 different shops in 6 markets located across 6 different cities of India. All the raids were conducted simultaneously. I was in a famous electronics market in Chennai. I had an intuition that this is not going to be easy and I will have to be really quick in my process. However, by the time my team and I  were concluding the seizure, the whole electronic market surrounded us. There were approximately 70-80 people who threatened us and tried to detain us in the market. I decided to approach the president of the market immediately and convince him politely to let us complete the procedure. I explained to him that we were not taking any products and that we would only click photos, make an inventory and then they can defend their case in Court. After much persuasion and cajoling, we safely came out from that market. It was a bone-chilling experience. But we were happy when the task was completed.    

    Being recognized as an IP Specialist by Asia Law Profiles and a Recommended Lawyer by Legal 500 Asia Pacific, how have these accolades impacted your career and approach to legal practice?

    The first feeling is always feeling happy and excited, when your hard work is recognized. I also treat them as milestones and it motivates me to put in more effort, with more sincerity.

    Can you shed light on your role in advising and handling Custom Recordal portfolios for various corporate and Fortune 500 companies? What challenges do you often encounter in this domain?

    The owner of an intellectual property can register its brand(s) with the Customs Authorities. This is highly recommended for brand owners. Once the brand is registered with the Customs Authority, the same is uploaded to a central database which can be accessed from all ports. Now, whenever a consignment is imported into India and customs officers suspect that it may be containing counterfeit goods, they seize it and call the representatives of brand owners (us in most cases). After a detailed inspection of the seized consignment, we file our reply stating whether the consignment has original or counterfeit goods. If the goods are original then they are released however, in case they are counterfeit, such goods are seized and destroyed thereafter.   

    There are many challenges which we face in this process-  in order to get the brand registered we need to continuously follow up with the authorities, we also keep conducting trainings for the Customs officials to apprise them about the developments in the IP laws, about the new products of our clients and the new kinds of infringement which are being imported etc. 

    Given your background in both criminal and corporate laws, how do you navigate the complexities of white-collar crimes, bail applications, and other related areas?

    We have been assisting our clients in conducting internal audits and to create appropriate risk mitigation strategies. Since the stakes involved in white-collar crimes are very high, we have to be very cautious, and thus as a general policy we have several meetings with our clients to understand their actual needs. Thereafter we curate an exclusive strategy for each client to move further. I always feel if due diligence and research is accurate, it becomes really easy to get a favourable order, be it bail applications or any other discretionary relief. 

    With your extensive experience, what advice would you give to law graduates entering the field today, particularly those interested in pursuing a career in litigation, IP disputes, and corporate laws?

    Be patient and avoid peer pressure. Every person has their own journey. In the initial days of your career, focus on learning a variety of cases/laws. I particularly always recommend my colleagues to start from scratch and have strong basics. It is important to know the legal profession right from arranging files to arguing cases. Research and knowledge is key and something one must continue at all ages and experience level in this profession. Transparency and providing a very clear picture of the case and potential results to your client is imperative. 

    Get in touch with Achal Shekhar-

  • “The legal profession is a triangle where you have only one edge, while the other edge is the opposition lawyer, and ultimately, the judicial system, which ultimately takes its time and decides finally”- Hitesh C Soni, Founder & Managing Partner at Hitesh Soni & Associates

    “The legal profession is a triangle where you have only one edge, while the other edge is the opposition lawyer, and ultimately, the judicial system, which ultimately takes its time and decides finally”- Hitesh C Soni, Founder & Managing Partner at Hitesh Soni & Associates

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

    Can you share with us the journey that led you to pursue a career in law, and what specific experiences or influences played a role in your decision to become a lawyer?

    I am a first-generation lawyer and hail from Mount Abu, the only hill station in the state of Rajasthan. While my childhood was spent playing soccer and exploring the wilderness of my town, little did I know I would be becoming a lawyer. Well, I can say the first thought ever came to my mind to become a lawyer was in 8th grade when my father, a businessman, once bought the constitutional book for his simple curiosity of reading it. No, he never wanted to become a lawyer, nor did he understand the legal text, but his choice to bring that book changed my life forever. Of course, television plays an important role in seeing court functions and, most importantly, seeing a duty on a lawyer to fight for someone he or she didn’t know. Another reason that motivated me to become a lawyer was my connection with the wilderness. When you’re close to nature, it is very obvious that you would be very philosophical, and I firmly believe that those encounters with nature were another quite solid reason for me to dream of becoming a lawyer. I was very curious, and the next thing I did was wonder how I could achieve this dream of becoming a lawyer. There was none who could guide me, but I also believe a path searched and chosen by oneself is the one where you do not get lost. I succeeded and joined a law college in Jodhpur.

    Establishing a law firm at the age of 26 is quite remarkable. What motivated you to take on such a significant endeavor at such a young age, and what were some of the challenges you faced in building your own legal practice?

    When you have clarity of thought and are able to take risks in life, things become achievable. Though it does not guarantee success, it warranties you, assures you to keep going, and when you feel down, it gives you hope to continue. I never followed the crowd collecting the internship certificates and academic accolades. I knew that law books are the same for everyone, and a degree from Harvard or Oxford is no guarantee of success in life. Though worthy degrees can give you placement, they can never give you a sense of satisfaction, especially when your dream is only to become a lawyer who practices law in the real sense and nothing else. Therefore, during my law school for the entire five years of my law, I joined a permanent internship with Rtd Chief Justice Rajesh Balia and majorly interned with Sr. Advocate Vikas Balia in Jodhpur. Since Jodhpur was not my hometown, I still had a choice to choose my life wisely. Bombay was next, a city that changed my life. It not only changed my life but also gave me a platform to show my merit. Immediately, shifting to Mumbai in the month of June 2017 with no background and only after a year of experience was a tough choice, which I never regretted. At the beginning, I faced very common issues like shelter, food, and survival, but God rewarded me with the risk. I was standing tall with limited earnings from individual briefs. I started my law firm, M/s Hitesh Soni & Associates, on November 27th, 2017, with no surety of covering the expenses in the future. I was always confident that if I had merit, I could do it every time. I never looked back then.

    Congratulations on receiving the ‘Mahatma Gandhi Lifetime Achievement Award’ at such a young age. How did it feel to be recognized with such a prestigious honor, and how do you believe your work contributed to earning this lifetime achievement award?

    Thank you. At first, it sounded like a dream and more of a fear with the title, as it is a precept to give to someone who wishes or thinks that he or she is going to retire from his or her profession, but after interaction with the award presenter, Smt. Meira Kumar, former Speaker of Lok Sabha, and noted personalities like Shri Lal Thanhawla, former Chief Minister of Mizoram, my perception proved wrong. I received the award at the age of 31, when I had just completed six years in the legal profession and five years at Hitesh Soni & Associates. I was the only young awardee in the field of law. Well, from the beginning of my practice until I received this award, I worked in a diverse field of law. This honor is more focused on how I started in a place like Mumbai, with no background, established something, and continued the same spirit, which must have contributed, and the rest are cases I worked on that I feel I should not discuss.

    Your expertise covers a wide range of legal areas, including constitutional law, corporate and commercial law, international trade, customs law, immigration law, and white-collar crime. What drew you to these specific fields, and how do you manage to excel in such diverse areas of law?

    These practices can never start with the practice of law, but the root is somewhere else. In my case, it is related to my law school days. I never studied for law exams only, but I interpreted the text as if I was going to deal with such cases in the future, and that’s the key. Reading is the key, and reading in a way not just for examination, is to keep in mind. Simply put, I never had any extra interest in any particular subject of law, but I was inclined and interested equally. In fact, if I can share more candidly, you have to be an expert in all subjects; what’s your next case? You never know.

    Being featured in the “2023 Annual Guide to the World’s Top Lawyers” and receiving various awards like the International Achievers’s Award and the Rashtriya Gaurav Award is truly impressive. How do these accolades impact your approach to your work, and what do they mean to you personally and professionally?

    Thank you. These recognitions bring a great deal of sense of maturity, integrity, and responsibility, specifically when justice in India is not always served hot. Actually, it is also another wrong perception; laymen think urgent reliefs are not justice. The legal profession is a triangle where you have only one edge, while the other edge is the opposition lawyer, and ultimately, the judicial system, which ultimately takes its time and decides finally. In the midst of this lies the other skill of a lawyer: to calm his clients and keep giving them hope, but more than simply giving them hope, you have to keep making consistent attempts for your client because, for you, it may be one of hundreds of cases, but believe me, for your client, that’s the only case and it matters a lot for them. I take it that way, and it helps me a lot. These awards remind me that when I saw a dream of nature somewhere, a prayer for my success was heard and answered. Though there is a lot to be done, it is just the beginning of a lifetime.

    Your law firm, Hitesh Soni & Associates, has expanded its presence to multiple locations, including Bombay, BKC, and New Delhi. What challenges did you encounter while expanding your firm, and how do you ensure consistent quality and service across these different locations?

    Mumbai was and will always remain a base for Hitesh Soni & Associates; after all, this is the place where my dream took flight. I am not so frequent, but I am a decent visitor to the Supreme Court of India. Whether it is related to our firm client or any other brief, Delhi is something you cannot avoid, not only the highest judicial body but also many other authorities, tribunals, and whatnot. We started the firm in New Delhi last year, in June 2023. The initial challenge for me was handling it without any partners there. Our firm is primarily operated and run by me and my wife, Adv. Vaishali H. Soni, and we are based in Mumbai, so it is a challenge for us to find a team of trustworthy individuals. I believe any law firm cannot go beyond the quality of minds that make it up. Thus, yes, it is challenging to look for like-minded individuals who can understand your value to the firm.

    As the founder of an award-winning law firm, what role do you believe innovation and adaptability play in the legal profession, and how do you incorporate these elements into the services provided by your firm?

    After international law firms came to India, good things happened, boosting innovation and adaptability for Indian law firms. Like ours, we have to keep adapting to innovation. Innovations for me are not just adopting AI and software but also matching the international industry standard for staff, juniors, and interns, who are ultimately India’s upcoming legal faces. Thus, it has a great role to play; without it, a law firm becomes outdated, and in these changing times, no one can afford to be that.

    Given your extensive experience and success in the legal field, what advice would you offer to law graduates who are just starting their careers and aspiring to make a significant impact in the legal profession?

    If you read my story, you would have experienced the challenges and had an idea of how I have done it, but to all fresh law graduates and aspiring lawyers, I advise you that it is immaterial how you started, where you started, and how you are going to start, but what is important is to remember that you are never going to feel down when you do not get an internship or a job; you do not get upset when you lose a case or a client backfires on you; and always remember that nothing can force a sun to set for a lifetime. Believe me, you are a sun, and the next sunshines are yours. Wait for your dawn to come. All the best.

    Get in touch with Hitesh C Soni-

  • “Conducting cross-examinations is the true test of a disputes lawyer. It tests your drafting, critical thinking, articulation, strategic ability, presence of mind, knowledge of human behavior and much more. The foremost challenge lies in the exhaustive groundwork that precedes the actual cross examination.”- Rohan Batra, Partner, Anagram Partners

    “Conducting cross-examinations is the true test of a disputes lawyer. It tests your drafting, critical thinking, articulation, strategic ability, presence of mind, knowledge of human behavior and much more. The foremost challenge lies in the exhaustive groundwork that precedes the actual cross examination.”- Rohan Batra, Partner, Anagram Partners

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

    Can you please share the story of how you decided to pursue a career in law, and what specific factors or experiences led you to specialize in disputes, particularly company and commercial disputes?

    The decision to pursue law was not a straight choice but a process of elimination and discovery. Given my family background and as someone who opted for commerce, I was presented with two choices: follow my father’s footsteps as a chartered accountant or pursue my studies in commerce. Right after my boards, I enrolled myself in esteemed colleges like CBS and SRCC.

    In this time, I had developed a keen interest in analysing and comprehending intricate concepts, coupled with a passion for engaging in public speaking. It was during this period that I had the privilege of witnessing the legendary, Late Ram Jethmalani, showcase his extraordinary oral advocacy skills. This experience left an indelible impression, and my intuition directed me to the pursuit of law. Once I decided to pursue law, I naturally gravitated towards disputes or as we litigators colloquially refer to where the real “juice” of the legal profession is. Immediately after the last term, I explored a corporate position placement. However, I ultimately declined, much to the bemusement of my peers who continue to jest about my decision till day.

    With over 12 years of experience in the field, can you walk us through the key milestones and challenges in your career, from joining Shardul Amarchand Mangaldas & Co. to founding your boutique litigation chambers in Delhi in 2019?

    My journey commenced with a stint at a tax litigation firm, Economic Laws Practice. Under the mentorship of Mr. Tarun Gulati, today a distinguished tax senior counsel, who led the Delhi tax litigation practice at the time, I learnt the basics of basics. Transitioning to SAMCO marked a pivotal juncture. Here, I was exposed to the world of arbitration and commercial litigation. I was fortunate to be guided by Mr. Dhruv Dewan, my supervising partner at the time. Under his guidance, I refined my legal acumen and navigated the landscape of challenging yet intellectually stimulating work. In those days, burning the midnight oil was not just a phrase but a frequent reality. I vividly recall a period where I was given the opportunity to single-handedly manage three high stake live arbitrations, overseeing cross-examinations, evidence, and final hearings in a span of twelve months—an arduous yet immensely rewarding experience. Personally, my involvement in the Tata-Mistry legal battle was a watershed moment that transformed my perspective on legal strategy, which was akin to playing a highly strategic chess game. SAMCO, for me, was an institution where every case became a classroom, and every challenge was an opportunity for growth. I am grateful to Mr. and Mrs. Shroff and all my former colleagues for this immensely enriching experience.

    In hindsight and given that I hail from a non-legal background, the decision to establish my boutique litigation chambers in 2019 was characterized more by audacity than meticulous planning. Gratefully, the leap of faith bore fruit. This transition has been instrumental in introducing me to the practice of law, its diverse challenges and putting me on an entrepreneurial journey.

    Your profile mentions your involvement in a 5 Judge constitutional bench, Cox and Kings, before the Supreme Court of India. Could you provide insights into the significance of that case and how it reflects your expertise in arbitration and company disputes?

    My involvement in the constitutional reference before a 5-Judge bench of the Supreme Court of India in Cox and Kings was unexpected. I had the honor of closely working with Mr. Darius Khambata, Senior Advocate, a renowned arbitration expert, in shaping our strategy and articulating our case. Mr. Khambata aptly coined our approach as establishing “guardrails” to manage the expanding purview of the Groups Company Doctrine (GCD)- a legal doctrine rooted in the Chloro Controls India (P) Ltd. v. Severn Trent Water Purification Inc. & Anr. case.

    In the field of arbitration, we observed a concerning trend wherein GCD was being indiscriminately applied to bind non-consenting parties to arbitration. Our task was to conduct a comprehensive analysis of global practices pertaining to the application of GCD, presenting a legal threshold, and spell out safeguards for invoking and applying GCD within the context of arbitration. It is personally gratifying to note that majority of arguments put forth by Mr. Khambata were accepted by the constitutional bench in the Cox and Kings case, which is now the authoritative ruling on GCD in arbitration. For me, this experience underscores the challenge of navigating complex constitutional issues whilst balancing the contemporary challenges in the field of arbitration.

    Congratulations on your Amazon bestseller, “Monk Your Mind: 10 Secrets to Transform the Mind.” What inspired you to write a book, and how do you see the connection between your legal expertise and the themes explored in your book?

    While the direct connection between my legal practice and my debut book is not overt, the book reflects a convergence of two key elements. Firstly, my training as a lawyer played a crucial role in honing the skills necessary for writing a book. Secondly, the professional challenges inherent in my legal career significantly influenced the themes I chose to explore in the book.

    The book fundamentally emphasizes the notion that each individual possesses the capacity to transform their mind and leverage it to achieve their goals. Drawing from the rigors of legal practice I experienced, the book advocates embracing trials in life. It underscores the principle that undertaking difficult endeavors is the catalyst for personal growth and simplifying life, challenging the conventional notion to the contrary.

    What motivated your move to Anagram Partners, and how does your current role differ from your previous experiences, especially in terms of handling alternative dispute resolution, commercial and corporate litigation, insolvency, and bankruptcy?

    Joining Anagram Partners marked the initiation of a new chapter in my professional journey, and the motivation behind this transition was multi-faceted. From a workplace, Anagram Partners distinguishes itself through exemplary work practices- a candid feedback system, constant pursuit of excellence and a focus on executing superior legal strategy.

    Since the inception of Anagram Partners, I have had the privilege of being deeply involved in the disputes practice. Working alongside partners who are eminent legal experts in their respective domains has contributed immensely to my professional growth. It’s here I transitioned from a practice of law to “business” of law. As a firm, we operate as a cohesive unit, and leverage cross-practice expertise. This helps in providing a comprehensive and nuanced approach to handling matters, thereby enriching the quality of advice provided to clients. With its diverse disputes profile, Anagram Partners has not only afforded me the opportunity to refine my legal skills but has also instilled in me a profound understanding of the holistic dimensions involved in legal practice. I am immensely grateful to all my partners for this opportunity.

    Given your proficiency in conducting cross-examinations of witnesses before courts and tribunals, could you share some insights into the strategies you employ and the challenges you face in the process?

    Conducting cross-examinations is the true test of a disputes lawyer. It tests your drafting, critical thinking, articulation, strategic ability, presence of mind, knowledge of human behavior and much more. The foremost challenge lies in the exhaustive groundwork that precedes the actual cross examination. Achieving proficiency in this aspect requires an in-depth understanding of the case from both sides’ perspectives. Prior to formulating questions, I try to wear the hat of not just a lawyer but that also of the witness, the opposing counsel, and even the presiding judge or arbitrator. Although time-consuming, this comprehensive approach not only fosters a nuanced understanding of the case but also provides a strategic edge over potential challenges in the cross-examination process.

    You’ve published pieces on commercial laws, arbitration, and foreign investment. How does your commitment to writing contribute to your legal practice, and how do you approach speaking engagements at both domestic and international fora on arbitration?

    Writing on topics related to commercial laws, arbitration, or the field of law I practice is driven by a genuine desire for self-expression. It is my belief that speaking and writing are strong mediums through which one can articulate, share and influence perspectives on various issues. While the external perspective may be to positiononeself as a thought leader, the intrinsic motivation should stem from the joy of writing and speaking itself. Rather than focusing solely on establishing oneself as a thought leader, authenticity and a true desire to contribute valuable legal insights should guide these endeavours. This is especially if the objective is to be consistent.

    Considering your journey and accomplishments, what advice would you like to share with law graduates who are just entering the field? Are there specific skills, mindsets, or lessons that you believe are crucial for success in the dynamic and challenging world of legal disputes?

    Reflecting on my journey and looking at what lies ahead, thriving in this field requires a combination of specific skills, mindsets, and lessons::

    1. Strong work ethic: The ability to work hard and consistently put in the effort cannot be overstated.
    2. Kaizen Mindset: Embrace a Kaizen mindset- focusing on constant and relentless improvement of your craft. This mindset is key to adapting to the ever-evolving legal landscape.
    3. Openness to learning-  Be willing to learn from everyone, whether they are younger or more senior colleagues. Cultivate the humility of a perpetual student, as there is valuable knowledge to be gained from diverse sources.
    4. Acceptance of Mistakes: Acknowledge and accept mistakes. Ego should not stand in the way of learning and growth.
    5. Ambition: Foster a strong ambition to achieve your goals.

    One thing is certain- a lawyer in a family means the entire family is part of the legal profession. Managing personal and professional aspects, thus, requires constant calibration. There is no optimum work-life balance- it’s the balance that suits you the most.

    In the end, these are only my personal views, which are shaped by my life experiences and observations. Take them with a pinch of salt!

    Get in touch with Rohan Batra-

  • “Recognizing that the initial move in every case may not necessarily involve approaching the court, I find it essential to adopt a holistic and commercially minded approach to achieve the desired result”- Adit Shah, Partner at  Arrow Law Partners

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

    Can you share with us the journey that led you to pursue a career in law, and what motivated you to specialize in dispute resolution?

    I developed a keen interest in law early in my academic journey, drawn to its complexities and its potential to address societal issues. Additionally, in my formative years, I was heavily inspired by my grandfather who was also a lawyer but never had an opportunity to practice due to certain family obligations. During my LLB course, I engaged in various legal internships, gaining exposure to different areas of law. It was during this time that I discovered a particular fascination with dispute resolution. My dedication to this field grew stronger as I observed its profound impact on individuals and businesses. The prospect of aiding parties in resolving conflicts became a compelling force guiding my career path. During my tenure at both Spectrum Legal and Trilegal, I was given ample opportunities to delve deeper into my interest in dispute resolution, establishing a robust foundation in the process. These experiences afforded me extensive exposure to a diverse range of matters and an overarching understanding of dispute resolution strategies.

    Your experience at Spectrum Legal involved handling a diverse range of legal issues. Could you highlight a specific case or project that you found particularly challenging or rewarding and share the key lessons you learned from it?

    Due to the confidentiality of several cases I handled, and their ongoing status, I am unable to disclose specific party names. However, I can reference several significant cases I worked on, some of which have been publicly reported on forums such as Bar and Bench. One of the initial cases that I extensively contributed to involved addressing alleged defamatory content posted by a journalistic entity against a highly esteemed startup. This particular case underscored the substantial impact that swift action and a well-thought-out strategy can have on a company’s business, emphasizing the importance of meticulous drafting. The primary challenge in this matter was ensuring the prompt filing of the plaint and getting quick interim relief, as time is crucial in all civil defamation cases.

    From your time at Arrow Law Partners, what aspects of being a Partner have you found most fulfilling, and how has your role evolved compared to your previous experiences as an Associate?

    This question holds particular interest for me, given that I established Arrow Law Partners just a few months ago, and the experience has been incredibly enlightening. As an associate, one can rely on various colleagues and partners for support and assistance. However, stepping into the role of a partner has meant taking on the sole responsibility of ensuring that I deliver the best possible advice and service to my clients. The most rewarding aspect of this transition has been engaging in discussions with clients, where my focus is on presenting all available options alongside my recommended suggestions for approaching a matter. Recognizing that the initial move in every case may not necessarily involve approaching the court, I find it essential to adopt a holistic and commercially minded approach to achieve the desired result. Consequently, the practice of dispute resolution strategy itself has become a vital component, emphasizing the importance of considering alternatives rather than advising every client to directly pursue court action or initiate arbitration. 

    In your role at Trilegal, you contributed to the dispute resolution team and participated in due diligence processes for potential mergers. How did this experience shape your perspective on the intersection of litigation and corporate transactions?

    My experience at Trilegal has proven to be invaluable in fortifying my expertise in dispute resolution and expanding my perspective on approaching various matters and disputes. Involvement in due diligence and merger applications played a crucial role in deepening my understanding of the commercial aspects inherent in each case. This exposure shed light on the considerations companies weigh before delving into discussions about potential mergers Initially, with my primary interest lying in dispute resolution, I may not have seen the immediate merit in working on such matters. However, through active engagement with these cases and collaboration with other teams, I gained insights into the practical intricacies associated with mergers. This experience illuminated how any dispute could significantly impact the potential success of a merger, providing me with a more comprehensive understanding of the interconnected nature of legal practice. 

    Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are embarking on their careers, especially those interested in dispute resolution and arbitration?

    My primary advice is to immerse yourself in diverse experiences and tackle various types of legal matters by diving in to the deep end. Given the increasing number of law graduates each year, the upcoming generation of dispute resolution lawyers will focus on specialisation. The key to understanding your interests and identifying your niche lies in gaining exposure to a range of cases Starting by actively participating in different aspects of legal work, including running around to handle various tasks, is crucial. This hands-on experience is where you acquire the fundamentals and practicalities of dispute resolution. I often advise new lawyers and interns to attend court sessions and observe proceedings, as it offers valuable insights into argumentative styles, reading the judge, and presenting effective arguments. This exposure is indispensable for honing essential skills in the field.

    Get in touch with Adit Shah-

  • “I have experienced the highest of highs and lowest of lows, but I keep showing up and never despair. I would say litigation is very unpredictable as you never know what will happen in court”- Usha Lakshmipathaiah, Associate Partner at Krishnamurthy & Co. (K Law)

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

    Ma’am, could you please share your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?

    From a young age I was very bold and would always speak my mind. I also had a very strong desire to help people. I felt like I gravitated towards Law as my elder brother also chose Law as his career path. At that age you are extremely influenced by your siblings. When I started reading different law subjects, I became more and more curious and continue to be curious about everything law has to offer. 

    I remember feeling so overwhelmed on my first day in court. But I kept accompanying my colleagues / seniors and I slowly became familiar with all the court procedures etc. 

    My journey has been full of surprises. I have experienced the highest of highs and lowest of lows, but I keep showing up and never despair. I would say litigation is very unpredictable as you never know what will happen in court. 

    With your extensive experience in handling commercial and civil disputes, insolvency cases, and matters under the Industrial Disputes Act, can you highlight a particularly challenging case that stands out in your career and how you navigated through it?

    I represented a company in a case wherein there was an injunctive order against termination of an employee. It was challenging as the company was forced to continue his employment. However, we took the aid of section 14 and section 16 of the specific relief act and were able to demonstrate that contracts solely dependent on personal qualifications cannot be enforced. 

    Your work involves representing clients in intellectual property rights cases. Could you discuss a memorable case where your skills in IP law played a crucial role in achieving a favourable outcome?

    In one of the Intellectual property rights cases there was an ex-parte order operating against our client restraining them from infringing the plaintiff’s trademark.  We relied on section 30 of the trademarks act and were able to demonstrate that there was no infringement of trademark as our client was merely showcasing products and was in no way “using the plaintiff’s trademark”. This case was challenging as it is difficult to get an interim order vacated. 

    From your time at Poovayya & Co., you were involved in representing organizations in electronic and print media. Can you share an interesting experience or case related to media law that you found particularly intriguing or challenging?

    An interesting experience was regarding injunctive reliefs against publications (electronic or media) from telecasting defamatory articles / news. In such cases, the plaintiffs tend to include all media channels irrespective of whether they had published defamatory articles. We were representing media houses who were unnecessarily dragged to court who had nothing to do with the alleged defamatory articles. It was an uphill task to demonstrate that the media houses were only reporting facts / actual events that took place. 

    As someone who has also worked with a Judge of the Supreme Court, could you shed light on how that experience influenced your perspective and approach to practicing law?

    This experience was immensely valuable as it gave me first-hand experience as to what the Judge expects from a lawyer irrespective of who he is representing. It made me realise that the arguments must be presented in a manner which can easily be grasped in a short period of time. It also taught me the importance of keeping the pleadings precise and using simple language as opposed to complex sentences. 

    You’ve been involved in consumer matters and divorce cases. Can you discuss a case that had a significant impact on your understanding of these areas of law, and perhaps a lesson you learned from it?

    We had filed a consumer case for an individual wherein the complaint was allowed in part and half of the compensation amount claimed was granted. Although we had good grounds for appeal, it made commercial sense for the client to accept the part compensation considering the costs and time it would take for the Appeal to be decided, finally. 

    This case provided me with a different perspective of the importance of balancing between the desire to win a case and a feasible remedy for the client. 

    Your role as an Associate Partner at Klaw involves providing legal advice to various e-commerce platforms. How do you approach the unique challenges and legal issues that arise in the rapidly evolving landscape of e-commerce?

    The law pertaining to e-commerce is rapidly evolving and new guidelines are released from time to time. I constantly keep myself updated on the law regarding intermediaries and its interpretation by different courts which equips me with providing the best solution to the client.

    Given your diverse experience, what advice would you offer to law graduates who are just starting their careers in the field? What key lessons or insights have you gained that you believe would be valuable for them?

    To anyone who is just starting their career, I would advise that gaining practical experience at an early stage would give them an edge over their peers. Exposure to court procedures, being involved in evidence and cross examinations is what they should be aiming at the early stages of their career. They should eagerly look out for opportunities to present arguments be it at the stage of interim hearings or final arguments. 

    Get in touch with Usha Lakshmipathaiah-

  • “Embrace change, stay open to new technologies, and be willing to pivot when necessary to meet the evolving needs of clients and the legal profession”- Prerna Oberoi, Founder at Lex Mores Law Firm

    “Embrace change, stay open to new technologies, and be willing to pivot when necessary to meet the evolving needs of clients and the legal profession”- Prerna Oberoi, Founder at Lex Mores Law Firm

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

    Ma’am, could you please share with our readers how your journey into law began, and what inspired you to pursue a career in the legal field?

    Certainly! My journey into the field of law began with a strong desire to have a voice and advocate for what is right. Growing up in India, like many others, I experienced the challenges of a patriarchal society. Having a voice at the right time and articulating oneself intelligently became incredibly important to me.

    The legal field stood out as the perfect avenue to channel my passion for justice and equality. It offered the tools and knowledge to not only understand the intricacies of the legal system but also to actively participate in shaping and influencing it. Law, to me, was a means to effect positive change, challenge stereotypes, and work towards a more just and equitable society.

    The inspiration to pursue a career in law came from witnessing the power that legal professionals have to make a difference in people’s lives. Whether it’s advocating for the minorities, upholding the principles of justice, or fighting for the rights of individuals, the legal field holds immense potential to drive meaningful change.

    I was particularly drawn to the idea of using the law as a tool for social justice and empowerment. My journey into law has been a journey of self-discovery, growth, and a continuous commitment to making a positive impact on the world. It’s a field that allows me to stand up for what I believe in and contribute to a fairer and more equitable society.

    In summary, my journey into law was inspired by the desire to have a voice and articulate myself in the right manner, working towards a more just and equitable society where the principles of justice and equality prevail. It has been a fulfilling and purpose-driven path, and I remain passionate about the transformative potential of the legal field.

    Given your diverse experiences as a Lawyer at various organizations, what were the key factors that led you to establish Lex Mores as a global law practice?

    Pursuing my Masters in Law at Osgoode Hall Law School, York University, in Toronto, Canada, and gaining diverse experiences in both India and Toronto played a pivotal role in leading me to establish Lex Mores as a global law practice.

    During my time abroad, I recognized the global perception of law as a noble profession, where clients seek ethical and moral legal guidance. This understanding deeply resonated with me, and it became a top priority to uphold ethical standards in my practice. Hence, I chose the name Lex Mores, which signifies “law with morality.”

    My experiences abroad also exposed me to legal ecosystems designed to discourage litigation. Measures such as higher court fees and an informed consumer base facilitated swift dispute resolution. This contrasted with the mindset I encountered upon returning to India, where the focus was often on resolving legal issues rather than preventing them. Here, the importance of legal guidance and establishing clear obligations at the outset of business ventures was frequently underestimated.

    My tenure working with one of Canada’s largest retail chains, combined with my Masters in International Business Law, allowed me to draw parallels between business practices in Canada and India. I came to realize the profound impact of legal awareness on business operations. This revelation motivated me to educate my clients, especially startups and MSMEs, about the crucial role of legal counsel right from the inception of their businesses.

    While larger companies in India understood the need for corporate legal advice due to their higher stakes, startups and MSMEs often overlooked this essential aspect. I firmly believed that instilling in these smaller businesses the significance of legal guidance from the outset could enable them to structure their operations more effectively and reduce the risk of disputes with partners, employees, vendors, and other stakeholders.

    In essence, my international experiences and legal knowledge fueled my passion to establish Lex Mores as a global law practice. My overarching goal has been to empower businesses, especially startups and MSMEs, with the legal insights they need to build well-structured enterprises and contribute to the reduction of litigation in India.

    In your role as the Founder and Managing Partner of Lex Mores, how do you navigate the challenges posed by market disruptions and ever-evolving legal landscapes?


    As the Founder and Managing Partner of Lex Mores, with over a decade of experience in the legal industry, I have come to appreciate the positive impact of evolution. Change is a constant in life, and I firmly believe that market disruptions and the ever-evolving legal landscape are not challenges but opportunities.

    At Lex Mores, we have taken proactive measures to navigate these changes effectively. We understand that disruptions can bring us closer to our purpose, which is to make corporate law accessible and beneficial to startups and MSMEs. To achieve this goal, we entered the realm of Legal Tech through Lex Mores Tech Pvt Ltd, leveraging technology to raise awareness about the importance of corporate law among our clients.

    In addition, we have developed a platform called “www.contractbazar.com,” which facilitates proactive legal work conveniently and offers transparent pricing and standardization. This platform is specifically tailored to cater to startups and MSMEs, making it easier for them to establish robust businesses in India.

    With the changing dynamics of society, businesses are becoming increasingly aware of the need for the right legal advice. Technology plays a pivotal role in enabling businesses to work with lawyers without the burden of heavy infrastructure investment or exorbitant fees associated with retainers.

    In essence, we view disruption as an opportunity to enhance and innovate our services. By embracing technology and adapting to the evolving legal landscape, we can better serve our clients and empower them to thrive in the dynamic Indian market.

    Having worked in legal roles across different countries, how do you leverage your global experiences to provide solutions in both developed and emerging economies?

     
    Having worked in legal roles across different countries, I have gained a deep appreciation for the need to adapt to diverse legal systems and cultures. This global experience equips me to better understand the needs, desires, and problems of my clients, allowing me to provide comprehensive solutions to clients operating in both developed and emerging economies.

    I leverage my insights from various jurisdictions to offer well-rounded strategies that are not only legally sound but also culturally sensitive. By drawing on the best practices I’ve encountered, I can tailor solutions to address the specific challenges presented by each economy.

    In essence, my global experiences enable me to bridge the gap between different legal landscapes and guide clients toward successful outcomes in both developed and emerging markets.

    Can you share a memorable or challenging experience from your work experience, either abroad or in India, that has significantly contributed to your professional growth?

    Certainly, I have a significant and memorable experience from my legal career, which occurred during my tenure in Canada while working at a law firm. I had the privilege of learning from a senior lawyer while we were providing legal counsel to a small startup entangled in a contractual dispute with a much larger corporation. The founder of the startup was incredibly passionate about his business and was resolute in protecting its interests.

    In our initial meeting, the startup founder candidly expressed his concerns, objectives, and the emotional toll the dispute had taken on him. As we delved into the legal complexities of the matter, it became evident that the issue transcended mere contractual terms; it was intricately tied to his dream and vision for his company.

    Rather than immediately delving into legal jargon and tactical strategies, my senior chose a different path. He decided to empathize with the founder’s predicament, and we listened attentively, not only to the words but also to the emotions underlying them. This approach allowed us to genuinely comprehend the founder’s ultimate goal.

    My senior advised that instead of pursuing litigation, we should explore mediation as a remedy. This approach might require some concessions, but it would help save the company without disrupting its operations, which could have been a possible outcome if the case went against us. This solution served the bigger purpose for the client.

    Through this experience, I came to realize that while the legal aspects were undeniably important, what mattered most to our client was not just winning the legal battle but preserving the essence of his startup. It was about safeguarding the dreams and aspirations of his team members who had poured their passion and dedication into the venture.

    This experience significantly influenced my understanding of the importance of fulfilling our clients’ expectations as lawyers. However, the professional satisfaction I gain as a lawyer from working in the right manner with my clients and mastering the art of empathy became even clearer when I read the book “Think Like a Monk” by Jay Shetty . The book underscored the concept that true fulfilment comes from meeting the needs of others and highlighted the synergy between “Varna” (passion and skills) and “Sewa” (understanding the needs and serving others). Together, these principles contribute to one’s “Dharma” or purpose in life. This philosophy has since become an integral part of my approach to both my legal career and life as a whole.

    As the legal profession increasingly integrates technology, how do you employ cutting-edge legal technology to assist clients in overcoming challenges in today’s economic system?

    In today’s evolving legal landscape, technology plays a pivotal role in enhancing the services we offer to our clients. We harness cutting-edge legal technology to efficient and cost-effective solutions. Our focus extends beyond the traditional legal advisory role; we aim to empower clients to make informed business decisions right from the inception of their ventures.

    At www.contractbazar.com we are developing solutions that help clients gain a clear understanding of their business needs, enabling them to make strategic decisions. By engaging with corporate lawyers early in their business journey, clients can navigate potential legal challenges with foresight and confidence.

    By embracing these technologies, we ensure that our clients are well-prepared to navigate the intricacies of the modern economic system, ultimately helping them achieve their goals effectively and efficiently.

    You pursued an LL.M. in International Business Law at York University – Osgoode Hall Law School and then passed NCA exams to be a lawyer in Canada. How has this additional qualification enhanced your capabilities and influenced your approach to handling global legal challenges?

    Pursuing an LL.M. in International Business Law at York University – Osgoode Hall Law School and clearing the NCA exams to become a lawyer in Canada has significantly enhanced my capabilities and greatly influenced my approach to handling global legal challenges.

    In-Depth Understanding of International Law: The LL.M. program provided me with a comprehensive understanding of international law, trade, and business regulations. This knowledge is invaluable when dealing with cross-border legal issues and international transactions.

    Cultural Sensitivity: Studying and practicing law in a diverse and multicultural environment like Canada has heightened my cultural sensitivity. It has taught me to approach legal challenges with an awareness of cultural nuances, which is crucial when working on global matters.

    Multi-Jurisdictional Expertise: The NCA exams and subsequent qualification as a lawyer in Canada equipped me with expertise in Canadian law. This dual qualification allows me to navigate legal issues involving multiple jurisdictions with ease and confidence.

    Global Network: During my studies and legal practice in Canada, I had the opportunity to build a global network of legal professionals. This network is a valuable resource for gaining insights, collaborating on international cases, and accessing legal expertise from around the world.

    Client-Centered Approach: My international legal education and experience have reinforced the importance of a client-centered approach. Understanding the unique needs and goals of clients from diverse backgrounds is essential in providing tailored legal solutions.

    Risk Assessment: Handling international business law matters requires a keen ability to assess and mitigate risks. My additional qualifications have honed my risk assessment skills, allowing me to provide proactive legal advice to clients entering global markets.

    Adaptability: Dealing with international legal challenges often involves adapting to varying legal systems, languages, and business practices. My education and experience have made me adaptable and resourceful when encountering unfamiliar legal terrain.

    Global Perspective: I now approach legal challenges with a broader global perspective. I consider how local and international factors interplay in legal matters, enabling me to provide comprehensive advice that takes into account the bigger picture.

    In conclusion, my additional qualifications have not only expanded my legal knowledge but have also shaped my mindset and approach to handling global legal challenges. They have equipped me with the skills, expertise, and perspective needed to navigate the complexities of international business law effectively and provide top-notch legal solutions to clients operating in the global arena.

    Considering your journey from being a law student to the Founder of Lex Mores, what advice would you like to give to law students or fresh graduates aspiring to thrive in a dynamic legal environment?

    My journey from being a law student to the Founder of Lex Mores has been a rewarding experience filled with valuable lessons. To law students and fresh graduates aspiring to thrive in today’s dynamic legal environment, I offer the following advice:

    1. Embrace Lifelong Learning: The legal field is constantly evolving, and it’s essential to have a thirst for knowledge. Never stop learning, whether through formal education, professional development courses, or staying updated on legal developments.
    2. Develop Soft Skills: While legal knowledge is crucial, soft skills such as communication, negotiation, and problem-solving are equally vital. Focus on honing these skills, as they will set you apart as a well-rounded legal professional.
    3. Build a Strong Network: Networking is key in the legal industry. Cultivate relationships with mentors, peers, and professionals in various legal sectors. A strong network can provide guidance, opportunities, and support throughout your career.
    4. Seek Practical Experience: Practical experience is invaluable. Look for internships, clerkships, or pro bono opportunities to gain hands-on experience and understand how legal theory translates into real-world practice.
    5. Be Adaptable: The legal landscape is dynamic, and adaptability is essential. Embrace change, stay open to new technologies, and be willing to pivot when necessary to meet the evolving needs of clients and the legal profession.
    6. Ethics and Integrity: Uphold the highest ethical standards in your practice. Trust and integrity are the foundation of a successful legal career.
    7. Pursue Your Passions: Find your niche within the legal field that aligns with your passions and interests. Specialization can lead to a more fulfilling and impactful career.
    8. Persistence Pays Off: Success in law often requires persistence and resilience. Don’t be discouraged by challenges or setbacks; they are opportunities for growth.
    9. Balance Work and Life: Achieving work-life balance is crucial for long-term success and well-being. Make time for self-care, family, and personal interests.
    10. Stay Visionary: Have a clear vision of where you want your legal career to go. Set goals, both short-term and long-term, and work diligently towards achieving them.

    By embracing these principles, you can not only thrive in the dynamic legal environment but also make a meaningful and lasting impact in your legal career.

    Click below for the link tree of Prerna Oberoi-

  • “Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership”- Archana Mishra Kaul, Founder, Vicis Corpus Juris

    “Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership”- Archana Mishra Kaul, Founder, Vicis Corpus Juris

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

    Can you share the story of how you embarked on your career in law? What initially drew you to corporate commercial law, litigation, and alternate dispute resolution?

    The prompt cause of getting into the legal profession is associated with my father who drew my attention towards this profession in my childhood. While I was growing up I witnessed my father working hard while being always surrounded by his clients and juniors, studying case files, researching All India Reporter, and giving dictation to his typist of cases till late at night. I think those were the facts that played a pivotal role in developing my deep interest in the legal profession.

    Immediately, after completing my law from Banaras Hindu University, I started practicing Criminal law before the Hon’ble High Court of Allahabad, at Allahabad Bench, and with the grace of God and my mother’s well wishes I soon presented my very first case and secured the desired order in the form of Direction given by the Hon’ble High Court of Allahabad which boosted my confidence as a lawyer and the journey never stopped after that. While I was practicing in Allahabad High Court, I had opportunities to handle a few corporate matters before the Apex Court which made me realize that I needed to explore my practice to other aspects of law which led me to practice in various Delhi Courts where I explored my practice into the Corporate side of law and matters related to Dispute Resolution since these are new in demand in our industry and becoming primary option of corporates. 

    Your profile reflects an extensive background in various legal domains, from real estate litigation to corporate litigation at the Supreme Court. How did you navigate these diverse areas, and what motivated you to explore such a wide range of legal practices?

    What best worked for me as motivation, is my willingness to learn which I have had from my childhood and I still have so much to learn and I am quite sure that learning will take me to a whole new level of my practice. The pursuit of learning and exploring different aspects of the law have kept me open to the matters of other different dimensions in my law practice where I could deal with the various nature of work including corporate matters such as finalizing Tender with government bodies including RFP/RFQ, LOI, Agreement assimilation, Criminal, Civil, RERA, Consumer matters, matrimonial cases, matter of NDPS, ARMS Act, Environmental issues and especially my Pro Bono works for the Labours. 

    With a core expertise in winning cases for your clients, can you highlight a specific instance or case that you consider a significant achievement in your career so far?

    There have been multiple significant cases that I consider as achievements in my career so far in the duration of the last 10 years, however, I would like to share one of my experiences which has been a milestone case for me till present. I once had the chance to represent a husband who was a victim of false charges under section 308 of IPC and was not able to get released on bail for a long time. Wherein I had the opportunity to Argue before the Hon’ble High Court, extensively based on the medical report of the informant elaborating Medical Jurisprudence related to the Court, and successfully secured the release of my client from jail by filing 3rd Bail Application. Another enthralling experience in the journey of my law practice so far has been pro bono cases that I have been doing across the country for construction laborers whose daily wages are illegally kept by their contractors and sometimes by their principal employer. 

    Balancing legal management, risk analysis, and project delivery across the country is no small feat. How do you manage such a diverse set of responsibilities, especially when it comes to litigation and arbitration for the company?

    I have been blessed with Balancing different dimensions of work with the help of my team in different roles and liabilities as per the requirement of the client. Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership. I would say, more than an individual, it is always a collective skill of my team who channelize their expertise and capabilities into their assigned task of legal management and risk analysis of various projects. 

    Reflecting on your journey from the Bar Council enrollment to your current role, how has your education, including LLB from Banaras Hindu University, contributed to your professional growth?

    A lawyer’s journey from the Bar Council Enrollment is always a roller coaster and mine as well is no different as it’s been more than a decade that has passed in this journey which has given me millions of experiences, be it better or worse, complex or simple, all it does is adds up value to my profession as more and more I polish myself into this profession. I still remember being a second-generation lawyer. I started practicing law with nothing in my hand and I kept struggling relentlessly for cases but I made it all meaningful when I got my first case. Even at present, I feel bound to give my best ever effort to every single case I represent before the Court. I would say most lawyers would actually agree when I say that what we study as law students in Law Schools is completely different from what we experience in reality but what remains embedded and enclosed to us during our entire professional journey is the spirit of being a lawyer that has brought us to this journey.    

    Throughout your career, you’ve worked on diverse cases, including real estate litigation and criminal matters. Can you share a challenging experience that provided valuable lessons and shaped your approach as a lawyer?

    In a decade’s journey of practicing law, I would say a few cases were challenging to the level that completely impacted my perspective. I had the opportunity to witness the remarkable change in the Consumer Protection Act while experiencing massive real estate exposure with cases against the Supertech Builders which started from NCDRC with only one client as a home buyer and ended up with a huge bulk of them against the builder before the Hon’ble Supreme Court leading the landmark judgment against Supertech.  

    Another challenging experience I would say was a pro-bono case when I was approached by a poor laborer for a matter of recovery of his daily wages that were maliciously kept on hold by the Contractor. I took on his case but later on, I started receiving requests from a massive group of laborers for the same issue which made me act on their behalf against not only one big-shot company but a lot of reputed construction companies which were beyond my expectation. Then I realized that the labor class needs representation before big companies for their grievances to get resolved by someone prudent at the ground level because not everyone can gather the courage to file a case before the court and contest it. As a lawyer, I deeply felt it is a big challenge for our fraternity to contribute our service to those classes who are important parts of our society and building our houses but are unable to feed their own family because of lack of knowledge and forced hunger on them.  

    Drawing from your experiences, what advice would you like to give to fresh law graduates aspiring to build successful careers in law, considering the diverse landscape of legal practice and the dynamic nature of the profession?

    Considering the diverse landscape of my legal practice, the only advice I would pass on to the fresh law graduates is that along with building their careers in the legal fraternity they must build up their personalities which reflect their smart work and prudency of the legal knowledge along with its better usage in the society. 

    Get in touch with Archana Mishra Kaul-

  • “Resolving disputes in derivative transactions presents unique challenges, often rooted in complex financial structures and regulatory nuances”- Smrithi Nair, Partner at Juris Corp

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

    Can you share with us your journey and how you ended up practicing law, particularly in the areas of Capital Markets, Derivatives, Financial Services & Regulatory, and Payment and Settlement Systems?

    Certainly. Given my interest in commerce, business law and financing I pursued a bachelor’s degree in Commerce. My further interest in the field of law led me to pursue a degree of Bachelor of Commerce (BCom) in 2010. I started my professional career as an Article Clerk at Kanga & Co, gaining valuable experience from August 2011 to August 2013 under the guidance of Mr. Dhaval Vussonji and Ms. Prachi Dave. During this time, I honed my legal skills and developed a keen interest in the intricacies of financial law.

    You have a specialization in debt issuances and marked-linked debentures. How did you develop an interest in this area of law, and what are some of the notable projects or transactions you’ve worked on?

    My specialization in debt issuances and market-linked debentures evolved over the course of my career. As an Associate at VND & Associates (now Dhaval Vussonji & Associates) and later at Juris Corp, I actively engaged in advising clients on debt issuances, which sparked my interest in this niche area. 

    As someone who regularly advises the International Swaps and Derivatives Association (ISDA) and various clients in the financial industry, could you tell us about the unique challenges and opportunities that arise in the derivatives market?

    Advising ISDA and diverse clients in the financial industry has exposed me to the dynamic landscape of the derivatives market. The challenges often stem from the evolving regulatory framework and the need for precise documentation. ISDA being an industry body requires me as a lawyer to think one-step ahead to foresee the practical challenges that may crop up due to the ever changing legal & regulatory landscape of India and accordingly liaising with them, market participants and the respective regulators to ensure a smooth Indian derivatives market.

    ISDA has also been integral in getting my name on the international stage as a derivatives lawyer. I recently went to Singapore to deliver a masterclass on Derivatives and it was a learning experience. 

    Your involvement with the Fixed Income Money Market and Derivatives Association of India (FIMMDA) and the National Stock Exchange of India Limited (NSE) showcases a broad range of experiences. How has working with these organizations contributed to your expertise in the financial services sector?

    Working closely with FIMMDA and NSE has been instrumental in broadening my understanding of the financial services sector. These experiences have provided unique insights into listing compliances, platform establishment, and various facets of the financial markets. Collaborating with these organizations has been a cornerstone in developing a holistic approach to financial law.

    The Payment and Settlement Systems Practice is an integral part of your work. Could you shed some light on the role of legal professionals in this area and how it impacts the functioning of financial markets?

    In the Payment and Settlement Systems Practice, legal professionals play a crucial role in ensuring the smooth functioning of financial markets. Our responsibilities include navigating regulatory requirements, advising on compliance, and addressing legal challenges to maintain the integrity of payment and settlement systems. By doing so, we contribute to the stability and efficiency of the broader financial ecosystem.

    You’ve authored several articles and publications related to derivatives and sustainability-linked financial instruments. Can you discuss the importance of sustainability-linked derivatives in today’s financial landscape and their potential impact on green finance?

    Authoring articles on sustainability-linked derivatives reflects my commitment to exploring innovative and responsible financial practices. In today’s landscape, sustainability-linked derivatives play a pivotal role in promoting environmentally conscious investments. These instruments not only align with global sustainability goals but also present opportunities for businesses to contribute to green finance, fostering a more sustainable and responsible financial sector.

    Juris Corp is considered a premier law firm in the derivatives space, and you head the derivatives practice there. What sets Juris Corp apart, and how do you ensure the highest level of service for your clients?

    Juris Corp stands out in the derivatives space due to its unwavering commitment to excellence and deep industry knowledge. Our team’s collective expertise, coupled with a client-centric approach, allows us to provide tailored solutions. We prioritize staying abreast of industry developments, ensuring that our clients receive the highest level of service backed by cutting-edge legal insights.

    Dispute resolution is another aspect of your work, particularly concerning potential disputes arising from derivative transactions. What are some of the common challenges you face in resolving such disputes, and how do you approach these complex situations?

    Resolving disputes in derivative transactions presents unique challenges, often rooted in complex financial structures and regulatory nuances. We approach these situations with a meticulous strategy, combining legal acumen with a deep understanding of the financial markets. Our goal is to achieve amicable resolutions while safeguarding our clients’ interests and maintaining the integrity of the financial agreements involved.

    Throughout your career, you have conducted presentations and seminars on regulatory changes in the Indian derivatives market. Could you share some key insights from these sessions and how these changes affect derivative products?

    Conducting presentations on regulatory changes in the Indian derivatives market has been an enriching experience. Key insights revolve around the need for adaptability in response to evolving regulations. Understanding these changes is vital for crafting effective legal strategies, ensuring compliance, and mitigating risks. Derivative products must align with the regulatory landscape to maintain their relevance and integrity in the market.

    As a successful partner and expert in your field, what advice would you give to fresh law graduates or aspiring lawyers looking to pursue a career in the areas of Capital Markets, Derivatives, Financial Services & Regulatory, and Payment and Settlement Systems? What key skills and experiences do you think they should focus on developing?

    For fresh law graduates aspiring to excel in Capital Markets, Derivatives, Financial Services & Regulatory, and Payment and Settlement Systems, I recommend focusing on a few key aspects. Firstly, build a strong foundation in financial law through continuous learning and staying updated on industry developments. Develop excellent analytical and problem-solving skills, as these areas often involve intricate legal and financial complexities, this will come with reading case laws. Networking and building relationships within the industry are also crucial, as they open doors to valuable opportunities and insights. Finally, cultivate effective communication skills, as conveying complex legal concepts to clients and colleagues is integral to success in these specialized fields.

    Get in touch with Smrithi nair-

  • “Staying abreast of international regulatory changes and having a global network aids in effectively navigating challenges and providing comprehensive solutions”- Apurva Kanvinde, Partner at Juris Corp

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

    Can you tell us about your journey and how you ended up pursuing a career in law, specifically focusing on securities law and debt capital markets?

    Certainly! My journey in the legal field began at Government Law College, Mumbai, where I cultivated a passion for corporate law and legal intricacies. Early on, I worked as a Senior Executive-Legal at SBICAP Trustee Company Ltd, gaining valuable experience. This laid the foundation for my transition to Juris Corp, where I’ve spent over eleven  years honing my skills. My interest in securities law and debt capital markets grew organically as I navigated through various roles, ultimately leading me to head the Securities and Capital Markets Team at Juris Corp.

    Debt capital markets can be quite complex and dynamic. What initially drew you to this particular area of law, and what aspects of it do you find most fascinating?

    The complexity and dynamism of debt capital markets always intrigued me. I was drawn to the challenge of understanding intricate financial structures and regulations. What fascinates me most is the strategic interplay between legal frameworks and financial transactions. It’s a realm where law and finance converge, and I find the synergy between the two truly captivating.

    You’ve played a pivotal role in advising and strategizing on various complex debt capital markets transactions. Could you share an example of a particularly challenging transaction and the key insights you gained from that experience?

    One notable transaction that comes to mind is the issue of global medium term notes by Reliance Industries Limited which was guaranteed by Export Import Bank of India. It was the first transaction guaranteed by Exim Bank. The transaction involved navigating intricate regulatory hurdles and devising innovative structures to meet client objectives and coordinating with various onshore and offshore parties. The challenge was in ensuring compliance while optimizing the financial outcome. This experience reinforced the importance of adaptability and creative problem-solving in the ever-evolving landscape of debt capital markets.

    Your expertise includes representing various foreign portfolio investors, financial institutions, and alternative investment funds. How do you navigate the unique challenges that arise when dealing with international clients and regulatory frameworks?

    Dealing with international clients demands a nuanced understanding of diverse regulatory landscapes. Communication is key. I ensure transparent and open lines of communication, fostering a collaborative approach. Staying abreast of international regulatory changes and having a global network aids in effectively navigating challenges and providing comprehensive solutions.

    You’ve been recognized in various publications and directories as a leading lawyer in debt capital markets. What strategies have you employed to consistently deliver high-quality service to your clients and earn such accolades?
    Consistency in delivering high-quality service involves staying attuned to clients’ needs and industry trends. I prioritize ongoing education to stay ahead of the curve. Building strong client relationships based on trust and transparency has been pivotal. Recognition stems from a client-centric approach and a commitment to delivering value in every transaction.

    The financial and legal landscape is ever-evolving. How do you stay updated with the latest developments and trends in the debt capital markets to ensure your clients receive the best advice possible?

    Staying informed is non-negotiable in our field. I dedicate time to continuous learning through seminars, industry publications, and networking events. Collaborating with colleagues and experts helps exchange insights. Being proactive in monitoring regulatory updates ensures that my advice is not only sound but also aligned with the latest market dynamics.

    In your articles and publications, you’ve covered a wide range of topics related to securities and capital markets. How do you approach breaking down complex legal concepts into easily understandable insights for your readers?

    Simplifying complex concepts is an art. I aim to bridge the gap between legal jargon and accessibility. Analogies, real-world examples, and a step-by-step breakdown are my go-to methods. The goal is to empower readers with a clear understanding, fostering a broader appreciation for the intricacies of securities and capital markets.

    India’s legal and financial environment can present unique challenges. Could you share a specific instance where you had to devise a creative solution to navigate regulatory complexities and achieve your client’s objectives?

    Certainly, there was a case where regulatory hurdles threatened the feasibility of a transaction. is a complex trade involving asset reconstruction companies issuing non principal protection where the returns are linked to security receipts. I proposed a novel structure that adhered to the spirit of the law, we successfully navigated the complexities, achieving the client’s objectives. This reinforced the importance of innovation in problem-solving within the Indian legal landscape.

    You’ve been highly appreciated by your clients for your dedication and determination. How do you maintain a balance between your professional commitments and personal life?

    Maintaining balance is crucial. I prioritize tasks, set realistic expectations, and delegate effectively. Quality, not quantity, is key. Regular breaks and personal time are non-negotiable. It’s about discipline, efficiency and effectiveness in both professional and personal spheres, ensuring that dedication is balanced with a healthy lifestyle.

    As a successful lawyer with substantial experience, what advice would you give to fresh graduates who are considering a career in law, particularly in the field of debt capital markets?

    For fresh graduates entering the legal arena, my advice is to cultivate a deep curiosity for the subject matter. Embrace challenges as learning opportunities, and don’t shy away from interdisciplinary knowledge, especially in finance. Building a strong network, staying adaptable, and continually educating yourself will set a solid foundation. Remember, success in debt capital markets requires a blend of legal acumen and financial understanding.

    Get in touch with Apurva Kanvinde-

  • “Grey hair or lineage no longer convinces a client of you being a competent lawyer”- Praveen Kumar Jain, Managing Partner of Parens Patrice

    “Grey hair or lineage no longer convinces a client of you being a competent lawyer”- Praveen Kumar Jain, Managing Partner of Parens Patrice

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

    Could you please share with us how your journey into law began? What inspired you to pursue a career in the legal field?

    In my hometown, lawyers were not looked at with respect due to the low fees they used to command in the twentieth century. It was believed that those who could do nothing else, do LL.B. Hence, it was not a childhood dream fascinated by observing a successful lawyer in my neighbourhood or from some scenes in Bollywood movies. 

    I was living in a hostel while pursuing B.Com. Simultaneously, I was doing an articleship with a CA firm namely AAG & Associates as I wanted to become a Chartered Accountant as we knew only about being doctors, engineers, and CAs at that time. In December 2000, I unearthed a financial scam in the hostel management. However, the administrators of the hostel connived with the grifter and asked me to prove the charge after forging his confession letter. That day, I argued before the influential people to prove the clerk’s wrongdoing but they let him off scot-free. That was one of the worst days of my life when I got harassed despite being a whistle-blower. The proverb “Every cloud has a silver lining” became true to me. That night while introspecting the entire incident with my younger brother Naveen, I realised I had argued very confidently and logically before so many persons in authority. I also underwent the pain of false accusations and injustice done to me. They say “जाके पांव न फटी बिवाई, वो क्या जाने पीर पराई”. I realised getting justice was one of the most basic human rights. That was the night when I decided to stand for others in their pursuit of justice. 

    I sought time to meet Shri Ravi Sharma, Advocate, before leaving the hostel who portrayed a very good picture of lawyers in society and advised me to do LL.B. from the University of Delhi. As luck had it, the next day one of the articles of that CA firm called me to come to Delhi as he needed someone to share room rent. I immediately came to Delhi with a small briefcase in hand and cleared the entrance test of the Faculty of Law, DU and that’s how my journey commenced in law. This has turned out to be the best decision of my life to choose law as my profession and I heartily thank God for that incident.

    How did you end up specialising in arbitration and litigation?

    As far as my entry into the arbitration field is concerned, it was in 2005 when I was working in Amitabha Sen & Co., we filed an application u/s 11 of the Arbitration & Conciliation Act, 1996 before the “Chief Justice of India” for appointment of the Arbitrator in an international commercial arbitration titled: Secit S.P.A. vs. NTPC. I signed that application myself without engaging an AOR and approached the Registrar (Judicial) to take it on record who asked me to file it at the filing counters. But I tried to convince him that it was to be filed before the Registrar (Judicial) only as I was not approaching the “Supreme Court of India” but the “Chief Justice of India” in his administrative capacity as per the judgement in the case of Konkan Railway Corporation Ltd. and Anr. v. Rani Construction Pvt. Ltd. (2000)2 SCC 388.

    After several rounds of persuasion, the Registrar (Judicial) called me to his office and informed me that Hon’ble Mr. Justice RC Lahoti, the then Chief Justice of India, had allowed the filing of our application without engaging an AOR that too through the Registrar (Judicial) for the first time and the last time as his Lordship had directed him to amend the paragraph 10 of “The Appointment of Arbitrators by the Chief Justice of India Scheme, 1996” whereby all applications thenceforth would be filed at the filing counter of the Supreme Court only. A few months after his retirement, I joined the late Justice Lahoti’s office as his Legal Assistant. I used to assist his Lordship during arbitral hearings and in writing legal opinions by doing research and preparing drafts. Just after I commenced my independent practice in April 2008, I was engaged in an international commercial arbitration. Advocates from other states and Clients started approaching me thereafter for their arbitration cases. Several cases related to arbitration law were marked to me by the Litigation Incharge, Ministry of Law & Justice when I became Senior Panel Counsel of the Union of India in December 2014 for cases before the Hon’ble High Court of Delhi. To date, I have already argued in approx 100 cases related to arbitration law before the High Court of Delhi and approx 50 arbitration cases before the Arbitral Tribunals consisting of former Chief Justices of India, former Judges of Supreme Court & High Courts, and former officers of CPWD/ MES, etc. Today, I am handling a number of high-stakes international commercial arbitrations and construction arbitrations for several ministries of the Central Government, PSUs, autonomous bodies, and private companies. That’s how my practice heavily tilted towards arbitration law. 

    You had the privilege of gaining first hand training from the Late Hon’ble Mr. Justice R.C. Lahoti, Former Chief Justice of India. How did this experience shape your professional life?

    I was his Lordship’s first junior post-retirement who got the privilege of getting first hand training under his tutelage. His Lordship was very humble and soft-spoken and would never admonish or scold his staff for any mistake whatsoever. His Lordship was very meticulous in doing his day-to-day personal and professional work which deeply influenced me. He was fond of exclusive stationery and the latest gadgets. He guided me to read the autobiographies of legal stalwarts, classic literature, and even stories of Singhasan Battisi, Baital Pachchisi and Panchatantra as they develop decision-making abilities and have hidden messages of imparting justice. I imbibed the habit of gifting books from his Lordship only. So far, I have gifted hundreds of books to my interns, associates, friends, and libraries. The lesson I learned from his way of working was “जिन खोजा तिन पाइया, गहरे पानी पैठ” meaning thereby the one who keeps trying deeply gets the desired results. He would always ask me to examine even the repealed Acts and overruled judgments before drafting any opinion or award to find out the reasons for the development of present-day laws. He used to discuss with an open mind and would allow me to change his drafts if gets convinced by my viewpoints. Likewise, I encourage all my associates and interns to come up with ideas that may seem even absurd to make them learn the art of thinking out of the box.

    Could you share insights into the international commercial arbitration case you handled before the ICC International Court of Arbitration, France in 2008-09? What challenges did you face, and how did it contribute to your professional growth?

    I started my independent practice in April 2008 and obviously did not have that much work to do. After the elevation of its counsel as a judge of the High Court of Delhi, an Indian company having business in 70 countries approached me in July 2008 for its international commercial arbitration in which the tribunal consisted of three arbitrators from different countries, the seat of arbitration was in Geneva and laws of UK/ India were applicable as per the arbitration clause. Despite my lack of experience in doing international arbitrations under the aegis of the ICC International Court of Arbitration, one of the Directors of the company who used to take a deep interest in that arbitration, entrusted the case to me. So I had to study many laws at that time including the arbitration rules of the ICC, and the laws of the UK and India. I invested in buying many latest commentaries including Chitty’s Contract, Benjamin’s Sale of Goods, Kluwer’s Yearbook Commercial Arbitration, Buhler Webster’s Handbook of ICC Arbitration, Black’s Law Dictionary, etc which were very expensive for a lawyer who had just come into independent practice. I had written an email to a legal giant of that time to give me a written opinion on a particular issue which he declined by citing the reason that giving an opinion would disable him from appearing in the matter at a later stage. I briefed 3-4 other senior advocates but somehow my client did not get enough satisfaction; hence, asked me to handle the case myself. For final arguments, my client engaged Shearman & Sterling LLP, one of the largest law firms in the USA and asked me to hand him my passport so that he could get a Visa issued to participate in the arbitral hearings in Geneva. Today I regret and laugh at the same time that I had not even heard of passports by that time. Though I immediately applied for a passport but due to no change in the schedule, my client had to leave without me. Though we lost the case, the client again approached me to draft the application u/s 34 of the A&C Act, 1996 to challenge the arbitral award. This case considerably enhanced my interest, experience and confidence in international commercial arbitrations and gave me the opportunities to read laws of different jurisdictions and to brief several senior advocates which helped me in my ensuing practice. No doubt I earned handsome fees which enabled me to get established during those initial times. Of the above incident, I wish to convey to the fresh graduates that you should always be positive and hopeful as God has its mechanism to help you through unexpected ways.

    Your profile mentions the publication of several critical articles and the delivery of speeches/ lectures to law students and professionals. How do you balance your practical legal work with academic pursuits, and how has this dual engagement enriched your legal practice?

    Mr. Vinay Vaish, Managing Partner of Vaish Associates, encouraged me to write my first article titled: Should Capital Punishment Be Given Capital Punishment – A Capital Question” while I was interning in his law firm in June 2004. That article was published in Delhi Law Review – the annual journal of the Faculty of Law, University of Delhi. Thereafter, I wrote many articles that were published in the journals of NLU Jodhpur, Indian Law Institute, the Institute of Company Secretaries of India, Indian Social Institute, CNN magazine, etc. By writing articles, you not only learn to identify the legal issues but also how to do multidimensional research and develop your arguments; particularly when you seek to differ with a judgement of the Supreme Court/ High Court. Further, I have never declined invitations to deliver speeches and lectures to law students and professionals. The latest one was in December 2023 to the serving officers of Military Engineer Services, Ministry of Defence. I have also delivered lectures to 4th year students at a law school in Delhi as a guest faculty during my early days of practice.

    There is no dual engagement and nothing to be balanced to write legal articles. I identify the conflicting issues while researching to argue in my forthcoming cases and shape them into articles/ case comments. I feel grateful to the late Hon’ble Mr. Justice RC Lahoti, Mr. Jagdish Sagar, Advocate, and Professor Alka Chawla, PIC of Campus Law Centre, for vetting my all articles with keen interest by taking time out of their busy schedules. 

    Due to publications, I have got many new clients who read my articles and approached me for their cases. One army man from Kolkata came to my chambers to engage me for his brother-in-law’s case as he believed that an advocate who dares to author and publish articles critical of the Supreme Court’s judgement would be dead honest. Senior Vice President of a pharmaceutical company came down from Bangalore to engage me in his several cases after reading one of my articles. During those days, law students from NLUs approached me to intern in my office after reading my articles as there were no online platforms at that time. I also got appreciation from my peers, seniors, and judges.

    You’ve been representing various government departments, PSUs, and autonomous bodies since 2014. Could you share some highlights or challenges faced while representing them before the Delhi High Court and Arbitral Tribunals?

    Representing the Central Government for me is a matter of gratification and a sense of fulfilment as well. Being the government’s counsel, you are expected to be thoroughly prepared and more responsible than the opposite party in your conduct before the court. You are appointed in cases of a wide range and having issues of national importance which is an exceptional opportunity to learn and get noticed by the judges and others present in the courtroom. Further, you get a close opportunity to learn how the government functions. I might have never appreciated how much effort the government officers make with utmost honesty and sincerity to safeguard the public money had I not been engaged by different government organisations in the last 9-10 years. However, there are certain practical and common challenges that I encounter while representing the government: 

    1. There is no monetary reward for winning the cases for the government. You need to have a strong purpose and abundant willpower that will propel you to keep burning your midnight oil.
    1. Sometimes, you don’t get proper and timely instructions due to frequent transfers of the concerned officers or their heavy workload.
    1. Difficult to find the concerned officers of different ministries as sometimes the cases get marked in late evening and you have to appear before the High Court the next morning when the opposite party might be seeking some urgent relief.
    1. Very low fee irrespective of your standing at the Bar and the nature of cases which makes it difficult to run the office. No clerkage is paid even though you have to file ten thousand pages of documents with applications u/s 34 of the A&C Act, 1996. Payment of bills gets delayed routinely. 
    1. Had a good private practice; particularly, before the Supreme Court, prior to getting panels, which suffered due to heavy workload before the High Court of Delhi and arbitral tribunals. I couldn’t appear before other High Courts also which I used to do earlier.

    Your focus has been on defending various ministries of the Government of India in construction and engineering arbitration cases. What complexities do these cases typically involve, and how do you navigate them successfully?

    Construction law is a specialised field that has its highs and hindrances. Site managers who get the work executed are not available for briefing due to transfers or retirements, and documents related to the site like works diary, site order book, cement register, steel register, test register, drawings, etc are not made available due to non-maintainability of the record properly or lack of coordination between the headquarter and the site offices. Officers briefing me and sending comments to draft pleadings have generally not visited the site. Lack of trained and separate staff leads to delayed drafting and filing which sometimes results in imposition of costs or closure of the right to place on record the pleadings. A few arbitrators held hearings at venues out of Delhi where we could not go due to the lack of provision to reimburse the actual expenses. Some of the officers are unwilling to appear as a witness as they apprehend that in case their answers turn out to be favourable to the claimant, that may land them in the soup or they may be exposed to their inadequate knowledge. There is an acute deficiency of supporting staff and logistics required for efficient conduct of arbitral hearings. Officers as well as I are overburdened which makes us have late-night conferences in the office almost every day to prepare for the arguments the next day. The claimants engage a team of lawyers led by seniors, whereas the government does not have provision for paying a minimal fee to even a single associate of its counsel.

    Further, a few of the sole arbitrators consisting of former judges may not have that much sound technical knowledge while the sole arbitrator being an engineer may not be able to appreciate the basic concept of ‘burden of proof’ and generally get completely baffled by the judicial precedents as to which one to be followed. Having a tribunal consisting of three arbitrators makes it unaffordable and the proceedings get delayed due to the non-availability of matching dates.

    To encounter some of the above difficulties, I deploy my additional staff and I have also visited a few project sites to learn the quality and status of the executed works. I insist on the presence of project managers and site staff who have contemporaneous personal knowledge. Despite so many challenges, we have finished final arguments in more than 12 big construction arbitrations in 2023 out of which 8 awards have been published. All the cases filed by the contractors have either been dismissed, including two wherein our statement of defence not taken on record, or a small percentage of the claimed amount has been allowed. In one case, we have just been awarded 35 crores for counterclaims by a former judge of the Supreme Court. Such successes and genuine appreciation from the court/ tribunal alleviate all hurdles and make you stride with added vigour.

    You’ve consistently pursued professional development, including obtaining a PG Diploma in ADR and currently pursuing an LL.M. in ADR. How do you believe these additional qualifications enhance your capabilities as a legal professional?

    I firmly believe in continuous education in the form of participating in conferences, writing articles, and enrolling in specialised professional courses in which you are practising or intend to practise. I was greatly influenced by the fact that my mentor Justice Lahoti was looking for a tutor to learn Sanskrit language to read the untranslated literature in its original form just after his retirement, showing that age is just a number. Undoubtedly, doing an LLM/ PhD is not the recipe for becoming a good advocate but may help you learn the art of doing in-depth legal research, develop the habit of reading law books for long hours, explore the law library, learn the art of legal writing in the form of research articles and projects, if you have not done all the above in your law school due to the factors of you being in part employment or for lack of guidance, etc at that time. However, you would get to learn theoretical aspects of law and may make new lifelong friends and professional connections in the classroom. Further, additional diplomas and degrees in the same field you are practising in give a little extra credibility to your profile. Moreover, I have seen some government organisations and arbitration centres give added weightage at the time of empanelment if you have done LL.M. 

    Further, my father, who has earned three master degrees, always encourages us to go for higher studies by saying that no degree remains irrelevant and it may come to your aid in future. One of the reasons for attending the classes is that Generation Z keeps me updated with the technology and young at heart.

    Lastly, considering your extensive experience and varied roles, what advice would you like to give to law students or fresh graduates who are just starting their legal careers, especially those interested in arbitration and litigation?

    Ours is such a wonderful profession where all lawyers help each other without having any kind of competition or jealousy. You ask a query in any lawyers’ WhatsApp group and solutions will start pouring in. I would advise fresh graduates to not gripe about being first-generation lawyers or from small towns or being Hindi medium/ non-NLU students – “Count your blessings, name them one by one; Count your blessings, see what God hath done”. After coming into independent practice, I surprisingly realised that grey hair or lineage no longer convinces a client of you being a competent lawyer. 

    Never believe in the cries of nepotism and favouritism. Had it been so, I would not have won so many cases against eminent senior advocates and big law firms. The first case I won before the Supreme Court was where Ld. ASG was appearing for UOI and the recent one is against a senior known for his international arbitration practice. No judge has snubbed me for coming from a humble background. Please understand that every profession has its incomparable gestation period. For establishing in litigation you may have to ‘live like a hermit, work like a horse’ during the initial years.

    Always be grateful to society for giving us affordable education – Most of us have got education in government schools and colleges at a negligible fee. 

    “Stay hungry, stay foolish” is perhaps the most apt quote for Advocates. Keep reading the A&C Act, Contract Act, Specific Relief Act, Partnership Act, Sale of Goods Act, Limitation Act, CPC, Suit Valuation Act, Stamp Duty Act, Registration Act, Bhartiya Sakshya Adhiniyam and General Clauses Act while waiting for your turn in the courts as many cases get dismissed for the technicalities prescribed in the above Acts.

    Pay special attention to the art of cross-examination, which is done by your seniors and even by other advocates – with this skill alone you can batten down the hatches.

    Finally, love your profession, it loves you back. Be proud of being an advocate – you are on an eternal quest of securing justice for the helpless and hapless people – sometimes the animals and nature even. God is always with you!

    The following aspects greatly contributed to the growth of my practice:

    1. One should undergo training for at least 5-6 years before establishing own chamber.
    1. Invest in buying good commentaries and study the relevant provisions before doing any drafting or making arguments in the court.
    1. As a matter of lifestyle make life-long relationships with your clients, classmates, and opposite counsel who often refer clients to you.
    1. Write articles; particularly, for legal news & views websites and professional bodies like Chartered Accountants and Company Secretaries.
    1. Read autobiographies of legal stalwarts and interviews on websites like www.superlawyer.in
    1. Don’t waste your time in cafeteria gossip, at least during the initial years.
    1. Try to grab the opportunities to argue the cases of your seniors. Most of the judges do not pass adverse orders if you fumble but they expect and appreciate good preparation at your end.
    1. Do the same level of work for a fee of rupees one thousand as you would do for a fee of rupees one lakh – this will raise your default standards of working.
    1. It is such a fast-paced profession that if you don’t realise you knew nothing 6 months back then you have wasted your last 6 months. Keep upgrading your skills by adopting technology, attending conferences, and doing specialised courses.
    1. Honesty and Integrity will grow your practice like bamboo after 8-10 years.
    1. It is not your last day in the court, it is not your last case – do your best and leave it to the fate of the client. Don’t get tempted to take a shorter route – it leads nowhere. 
    1. Have good terms with your seniors who may refer some cases to you when you leave their chambers. Mr. Vaish and the late Justice Lahoti have referred a few good cases to me. 
    1. Develop the habit of reading literature. Late Justice Lahoti used to emphasise upon reading books every day. Many times, I have referred to incidents from Ramayana, Mahabharata, Bhagawad Gita and stories of Munshi Premchand/ Ravindra Nath Tagore and recited Dohe & Sher to cut across my viewpoints which significantly impacted the judges/ arbitrators. I listen to classics on Audible these days.
    1. Last but not the least, पहला सुख निरोगी काया. Please take care of your health to be in this unending marathon.

    Get in touch with Praveen Kumar Jain-