Tag: Legal Tech

“Navigating emerging frameworks means staying grounded in first principles – think accountability, data principal rights, and purpose limitation for instance.” – Kriti Trehan, Founder of Data & Co(Law & Policy Advisors).
This interview has been published by Anshi Mudgal and The SuperLawyer Team

You’ve worked extensively across sectors like AI, social media, e-commerce, education, and gaming. What early experiences shaped your decision to specialize in technology and regulatory law?

I think the best way to describe it is that a series of decisions brought me to where I am today. My love of political science as a subject sent me down the path of reading law, and my desire to be the prime minister of India one day (among many other professions – across creative and public interest fields) brought me to public policy. Tech was always fascinating to me – one example that comes to mind is how I’d watch product launches and service upgrades, and visualise the journey from the present moment to a future with Irona-esque devices or Tony Stark’s Jarvis assistant. But I was also acutely cognisant of the need for an inclusive regulatory discourse surrounding technology, one that ensures a seat at the table for a cross-section of diverse perspectives.

My early mentors played a formative role in equipping me with the tools to understand this space and build my own voice. While tech public policy was still in its experimental stages as a profession in India, I worked on complex questions surrounding intermediary liability and safe harbour, net neutrality, and privacy. The perfect storm of innovation, impact, and uncertainty reinforced for me the need for thoughtful, future-facing tech regulations. And I realised that I loved the interpretation of law, but I was even more excited about understanding the answers to the underlying questions – of intent, of timing, of form, and of substance – and within that context ensuring that the perspective and agency of the individual remains front and centre.

How did your LL.M in Public International Law from LSE broaden your legal perspective, especially in navigating global tech policy?

LSE gave me a bird’s-eye view of how legal norms are constructed, contested, and negotiated across jurisdictions. It trained me to think beyond domestic legislation and consider global frameworks, power dynamics, and geopolitical context – skills that are essential in tech policy today. Studying international humanitarian and human rights law also deepened my own appreciation of “harms” and what they might mean in the digital world. It taught me to ask not just “is this legal,” but “is this just,” especially when advising on emerging technologies. That normative framing continues to guide my work across borders today.

What I am most grateful for, however, is how LSE opened up a whole new and vibrant world – of people, experiences, and contexts – that I may have read about in the past but got to actually immerse myself in-person. It impressed upon me just how numerous and diverse perspectives on a single issue can be, and how essential it is to make space for them in building the policy ecosystem of tomorrow.

Having worked with top law firms and major companies, what inspired you to launch Data & Co, and what is your vision for the future?

When I thought of my next steps, the answer was quite straightforward – I wanted to focus on the subject matter that I love – of public policy as it applies to the technology sector. Granted that this is work I’ve done for the past 11 years, but I wanted to now thoughtfully and intentionally design my focus. I’m building Data & Co to be a trusted advisor across the spectrum of regulatory stakeholders – businesses, governments, special interest groups alike – as well be a thought leader on emerging policy challenges particularly for fast moving regulatory topics like in AI, digital payments, privacy, online safety, and consumer interest.

Candidly, Data & Co is my professional passion project. I feel inspired to strengthen evidence-based thoughtful policy research on some of these issues, while also collaborating closely with stakeholders for cross-pollination of ideas and building a more resilient and sustainable policy ecosystem. I launched Data & Co to bridge legal nuance with public policy strategy, and to make the approach to compliance not just a checkbox, but a tool for responsible innovation.

A big part of my vision is to invite young minds to this work – new ideas always spark novel answers to complex problems, and that is invigorating. So at Data & Co we welcome young people to share their thinking, and be involved and productive members of the policy discourse.

Given your experience advising both Indian and international clients, how do you navigate evolving regulatory frameworks particularly in the area of data privacy when legal standards are still emerging and often ambiguous?

I treat ambiguity as an opportunity for proactive strategy rather than passive compliance. Navigating emerging frameworks means staying grounded in first principles – think accountability, data principal rights, and purpose limitation for instance. It also means scenario-planning for multiple outcomes, building privacy-by-design muscle early, and engaging constructively with regulators. My approach is typically layered – assess risk, weigh policy direction, and align with business goals, which includes maintaining the interest of the individual customer. I also find it helpful to reiterate that in navigating privacy, building and maintaining trust with data principals is crucial, and using that as a yardstick when exploring emerging regulations can be quite instructive.

With laws like India’s DPDP Act and the growing global focus on AI governance, what guiding principles should companies follow to ensure ethical innovation and long-term regulatory compliance?

I’d go back to the first principles I just mentioned. Transparency, user agency, privacy-by-design, and fairness should be embedded into product and data practices, not retrofitted after the fact. The global AI and privacy regulatory landscape may differ in specifics, but the overall direction is often informed by similar imperatives – that of protecting consumer interest. This means inculcating practices of explainability in clear and simple language, i.e. how and why personal data is collected, and how decisions on/ from/ for that personal data are made.

I also recommend, as a good hygiene practice, to build internal accountability structures. In doing so, cross-functional collaboration and clear documentation go a long way – in both ensuring compliance and building user trust.

You have helped clients through unexpected regulatory shifts. Can you share a specific example of managing a challenging case in relation to global technology regulations?

As public policy professionals, our goal is to work towards limiting instances of unexpected regulatory changes, and contribute constructively to the dialogue. However, every now and then there are surprises that we help our clients navigate. My goal, as the first step, is to understand what is happening, why, who it is intended for, and how it impacts my client. To do all of this, I work closely with cross-functional partners internally within my client organisation and simultaneously with regulatory stakeholders as well as peers in the industry to gain their perspectives.

In situations like these, I personally find clear prioritisation to be incredibly helpful – what is business-critical versus good-to-have. I think it is also essential to manage expectations with honesty, and partner productively with internal and external stakeholders. And I also use these opportunities to remind myself that agility is as important as knowledge.

As a woman leading at the intersection of law, tech, and policy fields traditionally dominated by men, what key challenges and leadership lessons have shaped you, and what advice would you have for others facing similar paths?

One lesson that’s stayed with me is that while credibility is earned, confidence must often be self-issued. Early on, I had to make my peace with being the only woman, or the youngest voice, in many rooms, and to back myself even when others didn’t because of my gender or age. I advocated for inclusion and diversity in these rooms. I learned to speak up not just when I was certain, but also when I was curious. Leading now, I try to build spaces that are collaborative, inclusive, and intellectually honest. I learn from people with shared and different experiences alike, and acknowledge struggles – of the glass ceiling, of imposter syndrome, of credit-theft – that we’ve all been through.

My advice? Be audacious in your ideas and generous with your platform, especially for others trying to find theirs. The only way we’ll succeed in making the profession more inclusive is we intentionally make space for diverse perspectives.

Balancing a demanding legal practice with personal life can be challenging. How do you manage the pressures of a multifaceted career while maintaining your well-being and finding time for reflection?

I believe that as human beings we are the sum total of all our experiences, which includes work and leisure. I am wildly protective of both my boundaries and my ambition.

I have a mentor who used to tell me that outside of breaks or holidays from work, it is really important for us to find small moments of joy on a daily basis. On some days, that means logging off to cuddle with my dog (Data, my firm’s mascot), and on other days, it’s about saying no to a project that doesn’t align with my purpose. I also recognise that it is not pragmatic to believe that I can achieve mathematical balance on each day, and so I listen closely to my body and mind. I travel, read and keep myself creatively stimulated through writing, dance or art, which then translates into a fresh mind for work. The converse is also true – my creative pursuits are often informed by work imperatives!

And beyond that, just super tactically, I approach my time with structure and planning. I find blocking time on my calendar very helpful to visualise how I am spending my day/ year, and I remain flexible about tweaking it on the go. My goal, ultimately, is less about balance, and more about (upon reflection) my time as having brought me joy.

Get in touch with Kriti Trehan –
- LinkedIn
July 8, 2025
As lawyers we ensure that as the business of our clients grow and as they diversify into different sectors or launch new products, their respective policies, compliances, and agreements in place are revisited and updated as required to counter the different legal hurdles that they may be subject to- Raghav Muthanna, Principal Associate at IndusLaw
This interview has been published by Priyanka Karwa and The SuperLawyer Team

Can you tell us about your journey into the field of law and what inspired you to specialize in technology, media, and telecommunications (TMT) and financial services regulation?

There is this common saying that if one can’t do engineering or medicine in India, they end up doing law. While that may not necessarily be true for most people in our industry, to a large extent that does hold true in my case. I am not going to say that I always dreamt about becoming a lawyer or that I was extremely passionate about the law, because that would be a lie. I was an average student at school, especially when it came to subjects like physics and maths, and so by the time I finished my Class 10^th boards, I knew I had to end my misery and opt for commerce over science in Class 11. By opting for commerce, I had automatically ruled out engineering and medicine as career options, both of which till date, but even more so at the time, were considered the most sought after and ever green career prospects one could have. Thus, it was only in Class 12, after little deliberation, did I know that law is it for me, and that’s not because there was a lack of choice in the field of commerce, but it was what interested me the most out of the options I had in hand.

My encounter with TMT was almost similar to that with law, it didn’t happen voluntarily, but like law, I am extremely happy that it did. I started my legal career as a general corporate lawyer who did anything from drafting and reviewing general commercial contracts to advising on complex regulatory queries, assisting with fund raise, mergers and acquisition and working on technology and employment law related work mandates as well. I spent a considerable time of my career especially my early to mid-years in the profession exclusively working on some very exciting and interesting PE/VC and M&A deals in different industry sectors. While I thoroughly enjoyed working on high value transactional work, after a certain point, for various reasons, I felt the need to explore new opportunities and seek change, which is when I was offered the opportunity to transition full time to the technology and corporate advisory practice group at my firm, where I have since, worked on some very interesting matters in the field of e-commerce, technology (specifically fintech and insure-tech) and data protection related mandates, while continuing to work on a lot of general corporate advisory matters.

With over 9 years of experience advising clients in different sectors, could you share a specific project or case that had a significant impact on your career and the clients you served?

It is extremely difficult to pin-point and pick one project or matter that stands out. There have been so many great projects that I have had the good fortune to be a part of. Some where the kind of work itself has been disruptive and cutting edge, while others where the work or business model in itself may not have necessarily been the most exciting, but the scale at which the business grew or the impact it had on the masses or the kind of targets such businesses may have met, despite the several roadblocks and hurdles it faced along the way, is what made such success stories extremely satisfying to watch. What in particular has been extremely gratifying personally is witnessing the meteoric rise and growth of several of the start-up clients I have been fortunate to work with as their external counsel. I have been incredibly privileged to have assisted several clients right from the days of their incorporation and seed investment to this date, where some of them have even gone on to become unicorns in such short spans of time. A few of the clients that I have worked or work with include Upstox, Groww, Google, Makemytrip, Mediassist, Air India, Licious, Big Basket to name a few.

You have worked on a wide range of topics in the legal field, including data protection, cybersecurity, fintech, and emerging technologies like blockchain and AI. What drew you to these areas, and what do you find most exciting about them?

It was never going to be easy to not be drawn into the revolution of technology playing out in front of me. Having grown up in a generation that witnessed the birth of laptops and mobile phones in India and the constant transformation of various technology and products, be it storage devices for instance- starting from floppy disks to CDs in the 90s and then to pen drives and hard disks in the first decade of the 21^st century to now being almost entirely replaced with online servers and virtual data rooms and cloud storage services, where the need for an external hardware itself has almost been made redundant, technology in its various forms and facets have always peaked my interest. A decade ago, when I was in law school, I hadn’t even heard of the terms ‘Blockchain’ or ‘AI’, let alone be interested in them, but today, I receive applications from law students across the country expressing their desire in pursuing a career specifically surrounding disruptive technologies like AI, blockchain, Big Data, Metaverse amongst others that were almost unheard of not too long ago. While many of these concepts are relatively new and have come into prominence only over the past few years, the pace at which technology and the legal landscape around it has evolved in such a short span of time, is extremely exciting to witness. The number of initiatives taken by the Indian government in the recent past, has played a major role in creating and supporting so many new age service offerings, which for me as a tech lawyer, consistently keeps me engaged, enthused and optimistic about the tremendous growth opportunity and potential that the tech space has to offer to the large digital consumer base in India, as well as the various stakeholders in the field, which includes tech developers as well as tech lawyers like myself.

You have been recognized as a recommended lawyer by Legal 500 and a ‘Rising Star’ by IFLR1000 in the field of ‘Financial Services Regulatory’ in India. What do you believe sets you apart in this highly competitive and dynamic field of law?

I would like to believe that the small recognitions and little success I have been fortunate to have witnessed thus far in my career is down to a lot of luck and hard work. Sometimes you need to be lucky to be at the right place at the right time, under the right circumstances and to be exposed to the right opportunities, for things to work out, and I believe I have been fortunate that way. Luck will however only take you so far without hard work, dedication and ambition. As cliché as it may sound, there really is no substitution to hard work. All of that said, the recognition and success would not have been possible without a strong support system at the back end, whether it’s a team that makes you look better than you are, family and friends who have to put up with you cancelling plans or constantly cribbing, or even clients that have been very supportive and generous with their feedback and wishes over the years. I have also been blessed to have had great mentors along the way, each of whom have in some way or the other played a major part in shaping my career and ensuring where I am today. I have also been fortunate to work with some excellent lawyers both in the organisations that I have worked with as well as counterparts on various matters, most of whom have inspired me in some way or the other.

Your work includes policy and advocacy initiatives, and you’ve submitted stakeholder comments on consultation papers issued by regulators. Can you talk about the importance of legal professionals engaging in shaping regulations and policies in the technology and financial sectors?

I cannot stress enough on the importance of engaging with regulators on a regular basis. As a lawyer who advises several big and small companies in different sectors, I often see challenges our clients face when it comes to either launching a new product or taking decisions over some of their existing businesses, specifically in regulated businesses like insurance, finance, healthcare and education among others. This is largely because of the lacuna that remains around the operation of several new age businesses within the existing regulatory framework. This could be down to the regulators not having accounted or envisaged for the kind of business models and businesses that exist today, back when they formulated the law, or it could simply be on account of the rapid evolution of the business landscape outpacing the existing legal framework. Almost every service offering that is either provided in a regulated sector or offered in some way or form in connection with a regulated entity is either already regulated today or is proposed to be regulated in some manner. It thus becomes very important for the government to interact with actual stakeholders of a particular industry and vice versa, before a law can be passed so that each relevant stakeholder that is impacted by such law has expressed their inputs and concerns around the framework proposed to be brought in, before it becomes a law. As a consultant to several impacted clients/businesses and also independently as a lawyer that practices in areas that such law pertains to, we often engage in discussions with regulators either by meeting with them in person or writing to them either where we outline our views and provide our inputs and comments on the relevant bill/subject, while being mindful to ensure that the governments objective behind regulating such a business/subject in a legal and sound manner is not jeopardised in anyway. These discussions with regulators can go a long way in securing the interest of all the impacted parties, whether it is the customer, the business or any third person impacted by such regulations.

Looking back at your career, can you share a particularly challenging or memorable moment that taught you a valuable lesson or significantly influenced your professional growth?

You learn something every day in this profession. It could be learnings from mistakes you make at work or it could be adopting and applying something new that you have learnt, heard or come across during interactions with your peers or clients. A big learning on a non-professional front which ends up playing an important part in the long-term sustenance of your professional career would be on how to manage a good work life balance and yet deliver on expectations at work. That is still a work in progress personally for me, but I believe striking that balance becomes key to ensuring that you do not burn out and continue to be motivated in a field that is otherwise often associated with long work hours and a lot of hard work.

You’ve advised start-ups, venture capital funds, and established companies. What are the key legal considerations that emerging tech companies should keep in mind, and how can they navigate regulatory complexities in India’s evolving legal landscape?

Most clients I interact with today in the concerned space are extremely knowledgeable and fully ingrained even in the regulatory side of the business, which makes my job as a legal consultant easier as my work is sometimes reduced to validating their understanding of the regulated space. Such is the passion that new age entrepreneurs come with. That said, the law can be too complex for most people, which is why most of the bigger companies that we cater to are ably supported by a large group of advisors both inhouse and external (like us) while the smaller companies often rely on our expertise and advise to navigate through the legal complexities that remain in several industries. The legal landscape like you rightly pointed out is ever evolving with the changing business landscape. Accordingly, as lawyers we ensure that as the business of our clients grow and as they diversify into different sectors or launch new products, their respective policies, compliances, and agreements in place are revisited and updated as required to counter the different legal hurdles that they may be subject to.

Get in touch with Raghav Muthanna-
- LinkedIn
October 27, 2023
Megha Khanna, Partner at Online Patent Filing, Startup Facilitator, In Conversation With SuperLawyer On Most Important Qualities Of An Effective IP Lawyer
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

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

A career in law was an informed decision as it has always been fascinating to me. Although a career in law is demanding and intellectually challenging, it also provides personal satisfaction and a sense of accomplishment. My decision of choosing Law as a career has been great as it allows me to explore the diversities and to further hone my skills.

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

As I am a first-generation lawyer, I had no Godfather who could guide me. However, I did not take it as a drawback and with consistent efforts and dedication, I worked towards achieving my goals and overcame the impediments. Today, I represent several corporate clients, Start-ups, MSMEs, and individuals. I believe with sincere efforts and dedication one can successfully achieve the goals of their life.

Megha, what do you think are the most important qualities of an effective IP lawyer?

Intellectual Property is nothing but creation of minds. A set of intangible assets come under the umbrella of Intellectual Property. I believe, to be an effective IP lawyer, one should have traits such as attentiveness, strong analytical thinking, research skills, time management, effective communication skills etc. to understand the creation of their client. Any advice which is erroneous while protecting the IP, may prove to be fatal to the business(es).

Among all the various specialisations and cases you have dealt with, which one do you find the most interesting and challenging?

I am an IP lawyer and had once represented a client which happened to be a corporate, in front of the Tribunal. I had to defend a trademark which was highly descriptive. I strategized the case, made pointers and submissions in support of the mark and had successfully secured registration for the same.

By effectively strategizing a case and listing the valid key points, one can achieve positive results.

Megha, do you think that for a first-generation lawyer, the journey becomes a little difficult? Please explain the same wrt to your own experience.

I won’t say that for a first-generation lawyer, the journey becomes a little difficult. That being said, I believe having a mentor always gives you an edge over others. A first-generation lawyer must never let themselves feel gloomy and should remain focused and consistently work towards achieving their objectives. One should never shy away from taking advice or opinion from their seniors or fellow lawyers.

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

Earlier, a career in law was considered as a traditional concept. But with the changing times, a plethora of career options like journalism, career in banking and insurance sector, legal academia, consultants etc. have emerged and increased and are gaining attention of the law aspirants. One must take into consideration several factors before opting law as a career, like the aim in choosing the field (of law); being prepared for hardship during the initial phase of their career, specially for those who choose a career in litigation; having strong drafting and analytical skills and so on.

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

I have always aimed at continued development of my skills with a strong focus on my work so as to achieve my goals. I had designed a roadmap clearly specifying my goals and was adamant to be where I wanted to be. I have also been fortunate to have knowledgeable seniors and fellow lawyers who have mentored me.

Megha, what is a typical day like for you and how do you suggest time management strategies for our young law generation?

I start my day by prioritizing my tasks so as to eliminate the risk of missing any important task or a deadline. I suggest our young lawyers to make a list of their daily tasks according to the priority. One should complete the high efforts task first before moving to a new task. Prioritizing and focusing on one task at a time also helps in managing the time in the most effective manner.

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

I practice a habit of reading a lot, be it a book, an article, a judgement or any other related stuff. It helps me in keeping myself updated with the latest trends and further helps in honing my analytical skills, knowledge and creativity. Other than that, I always make efforts in connecting with others to exchange thoughts. I think networking is an important aspect which helps you grow.

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

Before planning a career in law, one should be self-aware and must reconnoiter all the areas of law. The foundation of a successful career in law lies in the clarity of subject matter.
-MEGHA KHANNA

Get in touch with Megha Khanna-
- LinkedIn
December 30, 2022
Aarzu Khattar, Advocate At Khaitan & Partners (SJK) Shares Her Knowledge On Client Counselling, Certain Aspects of Commercial Agreements & Opportunities In Arbitration
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

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

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

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

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

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

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

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

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

How far do you see the importance of Client Counselling?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Few advices for our young law professionals?

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

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

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

Get in touch with Aarzu Khattar-
- LinkedIn
December 26, 2022
Deborshi Barat, Counsel at S&R Associates In a Discussion With SuperLawyer On Current Demands And Importance Of Practical Skills In The Legal Profession
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Stick to your strengths and build on them.

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

Get in touch with Deborshi Barat-
- LinkedIn
December 26, 2022
Maitreyi Kannur, Senior Associate at JSA In a Discussion With SuperLawyer on Litigation Management and The Role of Legal Tech In Same
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

Was pursuing law planned or did it all happen by chance?

It was an informed decision. I have had a fondness towards business because my father was from a business background. At a very young age I understood the need and importance of sound legal advice to run a business. My inclination towards law was initially drawn from the need for good and correct legal advice to run a business successfully. I decided I want to study law thereafter and after that there was no looking back!

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

Initial struggles obviously is very individualistic in nature. When I think about the initial struggle I can think of three things (i) being able to cope with the time and effort this profession demands ; (ii) court craft and presentation of matters and (iii) ability to find a place of comfort and fit in culturally in an organisation.

My take on point (i) is that while you’re are studying law and on your way to become a lawyer you already know what you are getting into! If you have interned at the right places and I stress ‘right places’ you already know this profession is very demanding. So you are mentally prepared and I have the the hunger to grow so coping with this came naturally to me and yes, it takes what it takes!

With respect to point (ii) the only way to deal with it is read your file. Confidence is key to a lawyer’s progress and success. In my experience confidence is self built and it doesn’t matter who and what stage of your profession you are at. To exhibit the confidence in court, one needs to fight the fear and that fear vanishes when one is a master of his/ her file. This has always worked for me as I have been able to avoid surprises in court and during hearings.

Knowing the file a-z gives you a sense of power in court to present your case better by assisting the court better and representing your client better. Once you have mastered your file the clarity helps you present the matter in a structured manner.

Despite the above, there has been a situation when I was asked to present a case before the Hon’ble high court of Karnataka at Banagalore and due to my sheer over preparedness I didn’t know where to start from and my first one minute went in silencebefore court.

The reading and over night preparation came to my rescue when the judge asked me a question on the matter and I was able to quickly pick up from there and Yes, I was able to obtain a favourable order in the matter.
The point being it’s okay to be nervous and it’s okay to fumble in court but a non- negotiable is not preparing for a matter.

The preparation will come to your rescue at the time of need and it has in my experience.
With respect to point (iii) it’s a game of chance. The trial and error theory worked for me. I have worked with 3 organisations so far. I started off my career with a pre placement offer from Dua Associates after an internship. Thereafter, I worked under Senior Advocate Mr Udaya Holla and currently I work at JSA.

I had interned at all these places during law school. So I was familiar with the work environment which worked in my favour.
Although there is no straight jacket formula! I think the only way to cope with struggle is channelising your mind! Mindset is the key!

With experience I realized how to prioritize what are the actual issues and what are non- issues that can be ignored. The other key was acceptance! You can’t change everything and everything is not black and white. When you decide you will put in what it takes you’ll learn to deal with situations and when I say deal with situations I mean priorities your issues.

Among all the specialisations, i.e. Insolvency & Bankruptcy, Drafting, Arbitration, Debts Recovery, Criminal related, Company law, etc., which one do you find the most interesting and challenging?

I am a commercial litigator. I deal with civil commercial litigation and arbitration. I have always been inclined towards arbitration and commercial matters. For me the most interesting and challenging part of litigation is cross examination whether before an arbitrator or a judge. I had the opportunity to cross examine a witness from Greece in an arbitration and even after days and sleepless nights of preparation I realised the art of understanding a witness and strategising and most importantly re- strategising your cross examination plays a primary role.

Needless to mention strategising a case can effectively happen only when you have mastered your file and the facts.
The effort and time put in a matter will always be useful and that is the most challenging and interesting part of litigation.

What all does litigation management include, and do you also use legal tech often? How useful its been for you?

Litigation Management is key. It could be as basic as file management. A litigator is handicapped without his/ her file before any court/ tribunal. This also means organisation and being organised is very essential for a litigator.
For instance – As everyone knows litigation /arbitration files are voluminous generally. Therefore, arranging the file is essential. You have limited face time on each matter while representing your case.

When the judge asks you a question and you start looking for the documents during that time, you can consider half the battle lost.
Presentation of a matter is key! Therefore, behind the scene work is time consuming and very necessary.
With respect to usage of technology, we are still on a snail pace as on now.

How do you stay up to date on the latest legal developments and apply the same in day to day practice?

I can’t deny this is a challenge. My senior and my former boss being Mr Udaya Holla always stresses on reading and these days everything is digitalised. He always said don’t finish your matter in court and go home. Please sit and read. If I have to pass a message to someone I’ll pass the same. If we aren’t spending time till 10- 11 pm reading and preparing on matters, we are not going to make it.

Also there are a lot of blogs which are handy these days leaving witnessing day to day court proceedings. I use Daksha legal, SCC online and live law regularly. Leaving that thankfully JSA has a full fledged knowledge management team who tirelessly work to put together the latest updates which I have access to.
Also, as a lawyer, one reading of a particular case/ legislation will help you multiple times. You may read that particular case law or legislation for one particular matter but you will end up filing similar petitions for another client and eventually end up using the same material. If anything you’ll build on existing knowledge.

Any roadmaps that were followed by you in this journey Maitreyi?
Off course, yes.

Everyone has heard that there is no substitute to hard work but in addition to that there is no place for wrong attitude in this profession.
Always remember, there is always someone who can replace you and there are zillion competent people out there with the hunger to provethemself. Being grateful and keeping the right attitude is key.
An organisation will be willing to teach you the law and the skill to work on a matter but will not tolerate a wrong attitude. Focus on the right attitude towards work.

What strategies work best in dispute(arbitration/ litigation) matters ?

Hard work without deliveryon time will have no meaning.
In a span of two weeks, I had 2 situations where the client approached us to obtain urgent restraining/ stay orders respectively. I had to not only draft the petitions over night but also file and obtain favourable orders. Hard work is of no use if you cannot deliver within steep deadlines. Yes! We obtained favourable orders in both the matters.

The need and hunger to deliver has always been important to me. It is also important to keep it uncomplicated and simple. Let it be drafting, presenting a matter before court and / or cross examination. Keep it simple and clear. Every unintentional ambiguity will cost you the matter.

Nowadays, people don’t have that zeal to pursue a career in litigation, what can be the reason for that apart from job security in corporate?

Well that’s a choice. I don’t fully agree that people don’t have the zeal for litigation. Litigation jobs are equally secure and satisfying and I am a living example of it.

Any 3 advices that you would like to share with our audience

Advice –
(i) Get immune to unrealistic timelines.
(ii) Execution and delivery is equally important as behind the scene work.
(iii) It will atleast take you a year to understand if you like what you are doing or the place you are working at. Don’t change or quit your job as soon as you face a non work related or a work related issue.

Get in touch with Maitreyi Kannur-
- LinkedIn
December 22, 2022
Ashirbad Nayak, Lecturer at JGLS Sonipat,In Conversation with SuperLawyer On Role of Co-Curricular Activities in Law School and Much More
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

How would you like to introduce yourself to our readers?

Hi, I am Ashirbad, and I am currently a Lecturer at O P Jindal Global University. I love to paint and sketch. You would always find me humming to Sufi music or Eminem, there is no in between. I have a black belt in karate, I used to run 10Ks during my Masters, and most of my free time during the work week is spent watching Instagram reels about puppies, or NFL and UFC matches. And, when I have vacations, I backpack across remote but picturesque destinations.

Why did you choose to pursue a degree in law after your Class 12 Boards?

Didn’t really have much of a choice. I was a PCMB student during my 11^th and 12^th. It was not my cup of tea. I had a disastrous JEE and AIPMT. The only option that I had was CLAT. AIPMT ended on 3^rd May, CLAT was on 10^th May. I prepared what I could within that and showed up for the exam. Quite fortunately, things have been on a upward trajectory ever since.

Tell us a little about your days in NLU Odisha?

I had the time of my life in NLUO. When I joined there really were no campus placements, only a few batches had graduated, no one really gave us guys a shot. So, we as the students, had to build up a fair bit of the institution that it has become, ourselves. Beyond the professional or academic front, I met my closest friends there, I am very fortunate that the friends I had in first year of law school, are still my friends.

I learnt karate from Akshay, who used to live in the room next to me. I learnt how to write papers from some of my seniors there. Vegadarshi taught me a lot about how to be a Speaker for a moot. More than anything, everyday was a laugh riot in the place. I wouldn’t trade those days for anything

How did you narrow down on NLU Odisha specifically to pursue your undergraduate legal studies?

Again, didn’t really have much of a choice. I got through to TNNLS in the third round of CLAT counselling. Two and a half months later, there was a vacancy at NLUO, I applied and got through. The first two months were ludicrously challenging. I was the last guy in, I had joined after the mid-sems had gotten over, I had no clue what to do. Fortunately, I persisted, and things worked themselves out. I often say that the greatest things in my life have happened to me by accident, CLAT, NLUO, my friends, St Catharine’s, and they have had the best impact on me.

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

Plenty of them. I had a finger in every pie. From college committees, to moots, to papers, conferences, academics, debates, MUNS, I was involved with everything. I am generally quite outgoing, and I made full use of whatever avenues NLUO offered. It went beyond just building a career, and the academic knowledge I gained from them.

I have always prided on being able to don multiple hats at the same time and juggle multiple things successfully. They have proved to be quite beneficial in life, in general. I knew everyone on campus from the Vice Chancellor to the guards manning the gate.

Quite fortunately, they all got to know pretty well. That kind of connection is invaluable. It teaches you a lot about fostering and maintaining relationships with people from all walks of life and being a reliable person for them.

I am particularly proud of the work that I did as the Co-Convenor the College’s Internship Committee, along with Mridul, my Convenor. We lead a team of 10 students, and in our time span, we broke the record of the number of internships that NLUO had ever obtained in a calendar year by a wide margin. We took the total from 4 in the previous year to 59 in our term.

What kind of internships did you engage in during your undergraduate student years which you feel were invaluable to you in reaching your current position?

I interned at mostly data protection and general corporate teams of law firms. The most significant of them would be the two stints I had at Khaitan & Co, Kolkata, in the Corp A team with Mr Supratim Chakraborty. I had a blast working with him. I learnt so much from him, Shourya Da, Risa, Pratik Sir and a whole host of other people. I have really good memories of my time there.

You had been an all rounder in NLU Odisha, because of which you were bestowed with the ‘Shri Bichitrananda Mahanty Gold Medal’. How did you manage your academics, co-curricular and extra-curricular activities at the same time?

I used every available minute that I had, and I was as efficient I could be. It was a constant drive to be the very best version of myself. I was always occupied with something or the other. And I enjoyed doing it. No one forced me to do those things, I have always been naturally inclined to set high goals and see if I can achieve them. Being engaged in so many things also kept me focused and on track. That and an aptitude to work hard. There is no substitute for the latter. In a way, it was preparation for the future, beyond the limitations of law school. That being said, it was not all work though, I made sure to have enough time to kick back and relax with my friends.

You had been National Winner and Octa-Finalist of several Indian and International Moot Court Competition. Kindly share your experience as a successful mooter of NLU Odisha.

I have only done two moots the Oxford Price Media Moot Court and NUJS HSF Moot Court. Quite fortunately I performed well in them both. Price Media 2018 was the first moot that I ever did, and I spent a year working on it. Within that time span, I did not pick up any other assignment or co-curricular activity. We managed to reach the Octa-Finals of the World Rounds and were also adjudged as the Runners-up of the South Asian Rounds. We were the first team from NLUO to qualify for the Worlds in that competition.

The next year, I took part in HSF, and it was a month of pure sleeplessness. It had some of the most thrilling rounds I have ever been a part of, and we were adjudged as the Winners of the competition.

Again, we were the first team from our college to win the competition. Of course, along the way for both the competitions we received a tremendous amount of support from friends, alumni and college resources. The only thing I had in mind while preparing for Price Media was to be the very best Speaker I could possibly be, I had always been a debater and never a moot court Speaker, so the transition had some growing pains.

The secret sauce for success in a moot is to form a team with people you are comfortable working with. That, and a tremendous amount of hard work and sacrifice.

You had an accomplished record of publishing at renowned journals from publishers like Thomson Reuters, Eastern Book Company, Wolters Kluwer and famous dailies like that of The Indian Express, The Daily Guardian, The Statesman, Deccan Herald, just to name a few. Kindly share your experience of writing papers and articles for the journals and dailies.

I have always liked to write, so I expanded upon that in law school. I started off with nascent steps, publishing in online blogs and journals, until I garnered enough experience that I felt I could write for reputed publishers. Newspaper articles are always fun, as they are short, precise and reach a much larger audience.

The books or articles that I have published with the aforementioned publishers, were based on strenuous academic research, structured in a manner that was scholarly to merit publication, but, at the same time engaging enough to keep the reader hooked. I co-authored several articles with my Registrar at NLUO, Professor (Dr) Yogesh Pratap Singh, and, it was always a joy to write with him.

How important is it for the law students to write research papers while being at the law school?

It is definitely helpful, but, there is no hard and fast requirement as such. I have often heard stuff like publishing one article in a journal is equivalent to taking part in a moot. That is simply not true. These activities teach you different skills, and a lot depends on the quality of the paper and the journal it is being published in, which is the same as the quality of a moot court and your position in the competition.

A research paper would not only give you in-depth knowledge about the topic, but also streamline the manner in which you think and present your thoughts. A useful skill for a lawyer, for sure.

You had been a student researcher of important projects of NLU Odisha, won accolades in debate competitions, youth parliaments and MUNs’. How relevant do you believe are those achievements in your success story, so far?

Very relevant. I started off with MUNs. It laid the foundation for everything else that was to follow. As regards debates, I have been doing that since my childhood days. Debates taught me to think on my feet and marshal my arguments in a systematic and convincing manner. Debates also had a tremendous role to play in eliminating stage fright for me, and to be an engaging public speaker. My time

Between the time of your graduation and your post-graduation, you had briefly worked in a renowned law firm at their Gurgaon office. Kindly share your experience of working there in the role in the intervening period between your LL.B. and LL.M.

I was associated with the General Corporate team of JSA Gurgaon for the period between my undergraduate and my Masters. It was a great experience, and I learnt a lot about transactions. The responsibilities that you are entrusted with at the beginning are immense, and you have to adapt to the needs of the clients with alacrity. It was quite an enriching experience overall.

What prompted you to opt for LL.M. from University of Cambridge within a year of completing your BA. LL.B. from a renowned National Law University?

I always knew that I wanted to do a Masters, right from my first day of law school. And I was dead set on two places: Oxford and Cambridge. No other place ever held that charm for me. I wanted to study in a place which had history dating back to centuries, ensconced amongst picturesque medieval architecture and surrounded by the best minds in the world. Safe to say that I found that and much more at Cambridge.

How relevant would you say higher studies are for a career in law, be it working in law firms / companies or pursuing an academic career?

Its subjective. People do a LLM for various reasons. Some do it to satisfy their academic curiosity, others to transition into a foreign workforce, a few people I knew did a LLM as a break from their work. But, you do learn a lot during the year you spend studying for the program. Living in a different country, finding your feet amongst new friends and in a new culture teaches you a lot about yourself, and forces you to adapt to challenges. It opens your eyes to how people from different parts of the world live and the stories that they carry with them.

For an academic career, a LLM is always a big bonus. For law firms, I cannot offer an adequate comment. At the very least, the year you spend for your LLM, if it is at a sufficiently good University, is a year in which you gain a lot of knowledge, so its always a win-win.

What does the CV of a student seeking admission in a premier university offering an LL.M program have to look like? What are the factors you feel are looked into and what are the activities that the assessors regard favourably?

At the top of the list are your marks. To get into Oxbridge or relatively similar places, you need a good enough batch rank and marks. There is no substitute for that. Apart from it, excellence in a particular field is very helpful.

If your CV can demonstrate that you have a certain level of expertise in a particular area of law, you have worked on it extensively, and you are aiming to pursue your Masters in that particular area itself, it helps establish you as a strong candidate for the program. Apart from that, everyone’s CV is different. There is no hard and fast requirements as such.

You had been the Co-President of MCR (Postgraduate student body) Committee at St Catharine’s College for the Academic Year 2021 – 2022. How was your experience of leading a student body, that too outside the country?

It was incredible. I was admitted to St Catharine’s College at Cambridge and the college had elections for the position of the Co-President of the MCR Committee. I ran against a PhD candidate and was elected. As an Indian, being elected as the head of a British College was surreal keeping in mind the positions Indians had had in the British empire barely a hundred years ago or so.

The weight of it all was not lost on me. It was a tremendous amount of responsibility though, almost like a full time job. But, it gave a great opportunity to meet people from different streams: medicine, the sciences, humanities, finance, business; and also to work with the college authorities, and help them all in whatever issues that they had. It was truly a humbling experience.

You had been a gold medallist at NLU Odisha for Public International Law. Despite your command over the subject, what prompted you go for an LL.M. in Corporate Law?

I always wanted to work in Data Protection inter-mixed with commercial law. So, most of my internships and activities were geared on that front. I loved studying PIL in NLUO, primarily because of my Professor, Ananya Ma’am, who made the entire subject extremely engrossing. The fact that I got a medal in the subject, gives me immense joy, but my career trajectory has always been centred around commercial and technology laws.

Please share with our readers how did you narrow down on University of Cambridge for pursuing your LL.M. on Commercial Law along-with data-protection laws as your additional specialisation;

I have mentioned briefly earlier about my desire to study at Oxbridge. Of the two, Cambridge became an obvious choice because of Professor David Erdos, who teaches the module of Law and Information at Cambridge. He also heads CIPIL, which has done some remarkable work on European Data Protection Law. I knew I wanted to study from him, so, it was quite easy for me to decide to opt for Cambridge.

You went to Cambridge on full scholarship. You have been a recipient of three scholarships – Prathiba M Singh Cambridge Trust Scholarship (through Cambridge Trust), J N Tata Endowment for Higher Education of Indians Abroad (through TATA Trusts), Kemp-Gooderson Law Award and other Bursary funds (through St Catharine’s College, University of Cambridge). What is the secret of securing three prestigious scholarship at the same point of time for pursuing your LL.M.?

All of these scholarships are merit-cum-means based, implying that they need a certain calibre of academic standard, and the candidate ought to be in need for financial resources to fund their LLM. I had one objective in mind upon conclusion of my undergraduate program, which was to not ask my family for any funding. And I have been quite fortunate to have achieved that through the cumulative financial commitments of these scholarships. There is no secret as such. Just know your area of law well, be confident, honest and straightforward in the interviews.

Please share your experience of applying at University of Cambridge and for the scholarships, you had secured. Kindly share your experience of the application process for the LL.M. and the scholarships.

It was a bit stressful. Balancing a firm job, along with applications is a tall order. I had prepared a table with the last dates for applications of various scholarships along with their required documents. That helped me keep things on track. I had also reached out to my referees well in advance, so, that helped in avoiding any last minute hiccups regarding letters of recommendation and as such.

My one tip would be, research the Universities you want to get into well in advance, ensure that you have your transcripts and references prepared, and know yourself well for writing the statements of purpose.

In the year 2022, just after completing your LL.M. from the University of Cambridge you have joined Jindal Global Law School, Sonipat as a Lecturer. What prompted you to take the plunge in the field of academics?

A: I have always liked academia, being surrounded by young, bright minds. It is always good to give back to the next generation of students. When I was in Cambridge, Jindal came for recruitment, I applied and got through, and here I am. I am still at an early stage of my career, so, lets see where I end up in the next few years-academia, firm, an organisation, or somewhere else.

Back in your student years, did you ever see yourself becoming an instructor at a prestigious law school, sometime in the future? What did it take to get here?

Absolutely. In fact I used to teach my batchmates prior to every examination. The night before each exam, there would be an assembly of boys in the Boys Hostel in front of my room, and I would teach them whatever limited things I had read myself. These classes became known in NLUO as ‘Ashirbad classes’, and in fact in my final year, some of my batchmates put up a poster titled ‘Ashirbad Classes’ all around the campus. That was the foundation of my career in academia. So, I knew I had a future in academia for sure.

Give us a brief capsule of the life of a lecturer in a prestigious law school.

A: Its an engaging day, comprising of classes and research. It is an important responsibility to instruct students, so, you always have to be prepared for the classes. Apart from that it is always good to be in a University set up where things are quite organised and orderly.

How is your experience of working with Jindal Global Law School’s legendary instructor, Professor. Arjya B. Majumdar?

I have learnt so much from Professor Majumdar. He is pioneer of when it comes to teaching commercial law. I cannot describe accurately how much I have enjoyed working with him at Jindal. Apart from being a great educator, he is also an incredible guy. I have sought his advice on quite a few things, and they have always been eye-opening.

How important are grades, in your opinion, for a student to be eligible for employment, be it in academia or in top tier law firms?

Quite important. Never mess them up. Grades show one important thing- consistency. And that is an invaluable quality that every employer of institution looks for in a prospective candidate. So, be sure to keep them on track.

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

Nothing. Not a single thing.

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

Do everything that you want to do. Set high dreams and demand the highest standards of excellence from yourself. There is nothing quite like regret, so make sure that when you look back on your life, you don’t have regrets about anything.

And always remember these lines “Stick to the fight when you are hardest hit, it’s when things go wrong that you must not quit.”

Get in touch with Ashirbad Nayak-
- LinkedIn
December 12, 2022
Subhrajit Chanda, Faculty of Law at Jindal Global Law School and Founder of Global Sports Policy, Review on Different Careers in Law
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

What prompted you to choose legal studies, post your Class 12 Boards, when you had the option to study architecture in a reputed government college?

Long story short, from the beginning itself I had been looking forward to doing something different in the governing system. I had also wanted to break the family’s custom of pursuing engineering studies, if you are being born as a boy. If one wants to work in the managing system, there are only two domains where you can start working from – while the first is Management, the other one is being law. And law is a kind of subject, which starts where management ends. Further, since inception of the universe, it has been governed by law. So, I chose law in order to fulfil my aspiration of doing things differently from the usual course. As I say, once you are a lawyer, you are not jack of all trade, but master of all trade.

Having studied your undergraduate legal studies from Amity Law School, Jaipur, Rajasthan, what were the challenges faced by you?

I think you need to first ask me why Amity Law School Jaipur. During my time, from the group of faculties, four of them were stalwarts in their subjects who happened to teach me during my course of five years of law school, helped and backed me a lot. Those were the faculties who knew their subject inside out and used to deliver lectures at global conferences on a daily basis. The faculties of the college made me interested about Amity Law School Jaipur.

Being from a traditional Bengali family with humble sports background, who has got more knowledge about engineering and medical colleges, they had no knowledge about what 5-year professional law course or law school entails. For my family, every lawyer sits below a banyan tree with a typewriter, as are shown in the typical Bollywood movies. The circa was 2012, when internet penetration was very low, and information was not very easily accessible. Therefore, having no knowledge of CLAT, I relied on two things to choose my college.

As I mentioned above, faculty was one of the reasons, the other being a little funny – it was the Indian Premier League. Amity was one of the sponsors of Mahendra Singh Dhoni and the use of the logo Amity University in his bat and the Rajasthan Royals team, intrigued me into joining the law school, to pursue my five years of legal studies. Additionally, myself being an avid sportsperson, the seemingly world class sporting facilities at Amity Jaipur made me more interested to join.

After getting inside, there were lots of challenges. The timing of the library was one major concern. We used to have two libraries – one law school library and the other one was the central library.

Central library used to operate from 9 AM to 8 PM. And the law school library timing was from 9 AM to 5 PM, which means resource was not easily accessible. If, one compares that to the libraries of one of the most reputed global law schools of the country with Institution of Eminence tag, where faculties have connections with many reputed organizations in backing their students, to pursue research and internship, Amity Law School Jaipur was nothing at that point of time.

I still remember when I got my internship at IIFT (WTO Studies) and Indian Oil, it was the walk of a lonely road for me, with my shadow being the only companion. So, one may easily comprehend how tough my journey was.

What prompted you to opt for pursuing Masters of Law in Energy Law from UPES, Dehradun?

Well, while planning for doing my masters in India, I was not looking for Masters in Energy Law, it was International Trade Law which I was looking forward to specialize in. Being a sports-person, I always had a keen interest from the beginning in the domain of Sports Law and wanted to make it a strong base along with International Law.

Unlike the European Universities, which offers much flexibility to its admitted students to study and research in only in the subjects chosen for the specialisation, most Indian Universities are very inflexible.

In Indian LL.M.’s you start with some basic subjects like Legal Research Methodology and so on, and then later on towards the second half of your course, i.e., the second semester, you get your subject in which you want to pursue your masters. But this is where there was a tweak in the story.

When I was about to start my final semester at UPES Dehradun, I was informed by the University authority abruptly, that since I am the only student who had opted for the subject, they cannot provide me the same, and I have got to choose between the Corporate Law, Cyber Law and Energy Law specialisation. Hearing this I had initially decided to leave the college.

However in these testing times, my parents and two elderly professor were the ones who had supported and motivated me by suggesting that since you have spent six month, leaving the college without taking the degree, would lead to wasting of your time only. Per their advice, I continued my LL.M. in Energy Laws from UPES, with the aim of specialising in the niche domain of Energy law and that is how I got my masters in Energy Law, as there is a saying “Knowledge never goes in vain.”

When I compare my experience as a student in Indian Universities, with that of where I am employed, I can realize how stark the difference is in between them, and this is the difference which makes all the difference in the students studying in them.

Were you always bent on pursuing an academic career post completion of legal studies? How did you prepare yourself for the same?

I had not always harboured in my mind for an academic career post completion of legal studies but yes at certain corner of my mind, I had wished myself to see as an instructor. We, Indians are always complaining toward the law society that Sports Law is a niche area and that we need to work on it to make it more mainstream.

Many people also say that we need the future of the country in the Sports Law in India; but how if you asked, people will be saying it is tough to answer. Now if you look at the countries like United Kingdom, you will see how sports law is an important and developed subject, also even smaller countries like New Zealand, Croatia, Ghana etc. have a proper developed knowledge of sports and education related to it, with young lawyers supporting it.

While doing this research, it made me realize that young and future lawyers are created, only if one can share the knowledge with the future of the country i.e. the “students”.

The only way you can inspire the future and make the world a better place if you reach out to the students, and the only way a person may do so is by joining the academics. Therefore, I joined the academic side, so we can have large number of budding lawyers. Further if you say that you want to join the academics, I will suggest one should love one particular subject and gives his full dedication to it by research and publishing.

If someone is interested in an academic career in law, how would you advise the concerned professional to work towards that goal?

Well, there is only one thing I will advise them – you need to dedicate yourself toward one particular subject as your major, then try to master it by researching and publishing as much as you can.

You had been an avid sportsperson right from your school days, what prompted you to choose a career in sports law over and above a career as a sportsperson?

To answer this in depth I will provide a little introduction to my family from which I belong. See, sports run in my veins. My mom used to be a state-level cricket player and my father used to be a football referee. So one can say that I have seen sports as an activity very closely, and it has made me also attracted to sporting activity. I still remember that I used to practise cricket every weekend and football every weekday back in my childhood days.

But later part of my life, I have concentrated on football only, in which I played for Sports Authority of India Eastern Region. But later on, an injury lead me to stop the practice, but as you know, once you dedicate your love towards sports, you cannot neglect it.

So, I thought if you cannot practise the game on the field, why don’t you practise it differently, as a discipline. I still remember back in 2017/2018 Indian people were unaware about the subject of Sports Law.

There were only very few people who knew about it. Even its in developing phase today, people still get confused with management and law. But sports law has always been active in India. Looking back as far as 4th Century BC, there was a script which has mentioned about the law of games, which in most likely a board game. I researched this topic within my own studies and became aware of how most people were not aware of the existence of sports law, even in today’s society.

Nowadays, as sports law is undergoing its development phase, many new upcoming lawyers want to know about the subject. They complain about the lack of knowledge available as we don’t have that much faculty who have specialisation within the subject. So, I thought, why not take in charge without complaining like most others and start to develop future Sports Lawyers. As soon as I thought this, from that time onwards itself I tried to change my passion into an education degree, so I can create the structure and teach the same to my students.

After this, everything falls in place, and I got an admission call from Nottingham Trent University with an International Scholarship. This in itself came after sacrifice of many nights’ sleep. However, I did the same for the sake of my country and other underprivileged students from around the world, who want to study this subject and can’t be due to family or monetary reason.

Furthermore, there is more to be done for Athletes in India. These individuals suffer a lot due to lack of proper legislation / regulations of sports of any kind. Not only that, the legal system in India still now needs more research as even the Supreme Court sometimes get confused about whether some organisation representing the country will be considered as State or not. There is also a question of whether National Olympic Community will be considered as a supreme governing body or not. So, I just want to dedicate myself as a bridge to fulfil the gaps in my legal and educational systems. This has led to my love of sports developing into a passion for Sports Law

You had completed your Second Master in law (LL.M.) from the prestigious Nottingham Trent University, United Kingdom, with an International Scholarship. Please share your experience starting from application stage for the LL.M., to the scholarship application up to your experience of studying at Nottingham Trent University?

Well, from the beginning it is a smooth running operation compared to many Indian traditional universities, and the university authority will always be in touch with you, for every point of your application to fill the scholarship form.

Now moving toward education system, not only Nottingham Trent University, even all the British Universities has the open and flexible education system, where we can take any subject as elective subject with our law subject, and secondly in Nottingham Trent University particularly, you have one of the famous Sports Law Professor Simon Boyes, who is considered as one of the chief architect for the development of sports law in the world.

Post your LL.M. from Nottingham, you had also briefly worked at one of the prominent Football Clubs in the English Premier League Circuit. Kindly share your experience of working in the same including the work you used to do in the same organisation.

Well see life there is pretty fast and timely, so it was good experience with some commercial experience, but yes if you have habit of hard work and smart work mixer you will enjoy their work culture.

You have undertaken multiple diplomas and certificate courses, more importantly, from the International Olympic Association (IOC Young Leader), FIFA, UEFA. How do you choose courses for the purpose of skill-development?

So there is a saying knowledge is like ocean, even if you try to conquer all, still you can’t, and if you say you have learned everything it means you are only dooming yourself. For me I chose the courses at first for the thirst of the knowledge and secondly according to my student’s need because at the end of the day you are the captain of your crew which are your students.

Despite being someone involved in the development of sports law in India, you have handled assignments of teaching other law subjects at ease and is quite popular amongst your students. What is your secret in being a popular teacher amongst the students?

Thank you for saying so, but I think every student have someone who is favourite to that individual, but if you ask me I will say I always motivate them, try to listen them, collaborate with them; sometime try to empathise with them and treat them with utmost respect as upcoming future buddy lawyers.

Apart from being an Assistant Professor at Jindal Global Law School Sonipat, you are also the Assistant Director at Centre for Sports Law Business and Governance of the law school. Kindly share your experience of working in the same, so far.

It’s a dream for me to work with one of my role model and one of mentor and guru Professor Shaun Star, and really like to work under his leadership as he has taught me many things, and once it was also my dream to learn under him but that is fulfilling in another way under his leadership.

Apart from your role as a Professor, you seem to be a multi-tasker, as you handle multiple roles as an Editor, Author, Guest Lecturer, Editorial & Review Board Member. Kindly share your experience of working in multiple roles at the same point of time.

All I want to say in one sentence I enjoy to work and love to dedicate my time to the subject and development of future generation which is students

What is the recipe of your success in successful multi-tasking, which you believe law students of today should develop?

My tips to all the budding sports lawyer are to first change your passion for sport into love and interest towards the subject as like, you do same with your girlfriend or boyfriend, because subjects are like girlfriend or boyfriend only. How can you be happy if you don’t have interest in her or him? It will lead to break up, but more you are interested in a girl or boy and give him or her time she or he deserves, will give you more love in return, so same is with the subject. You have to have a passion and drive for sports to engage within the study of sports law.

The second and more important tips will be to be curious about every rule and the judgement you come across and think why it has been decided like this or it has been not done in the other way, the more you think more capable you become.

From having been appointed as a visiting faculty of SLS Hyderabad, you have gone a long way on becoming the Indian to be appointed the Ambassador of ISDE Law Business School Spain, a visiting faculty at IIM Rohtak , Research Analyst at Nehginpao Kipgen Centre for Southeast Asian Studies and an Assistant Professor at the Jindal Global Law School.

How do you find this journey in such a short span of time of a little over two years?

Well, Actually in my mind there is a thinking that when I am in this field there are lots of senior faculties who are at first senior to you and secondly they have more experience than you. So, for making it there and to sit on the chair of this assembly, one needs to be humble and spend more of their time in practising as well as sleeping less, because firstly you need to fill the gaps. Additionally, you always need to be one step ahead of them.

Amongst so many achievements in your life, what is that one failure that redefined who you are today?

Well, there is nothing as such. Even if there is, I think I have forgot the same by this time. I always like myself happy and I don’t look at the past or think about the future as you know I live each day and each moment of present as the last day, as you know present is gift to us by time.

Being avid sports personnel and being involved in the development of sports law in India, how effective do you think AI and Legal Tech can be in the meaningful development of the sports law in India?

In the world of IoT and constant change, its always helpful, as it helps to get access to more research document and case list around the world so one does not have any more barrier in the education world.

Lastly, before we end our interview, what piece of advice would you like to give to the law students of today?

I will suggest them, before if you want to win this subject, it’s advisable to first change your passion for subject into love and interest towards the subject, then try to be always humble never let it enter our head.

Secondly always keep in mind law that it is a professional subject, so don’t mug it up without understanding the subject as you know mugging it up means you will be theoretically sounded and top for many, but in court it is always not the same thing, which is mentioned in the book, you need to be practically smart.

Never think about the marks, try to think about grasping more and more into practical view.

And at last I will say them all that, it is your life, try to decorate it on way and try to be honest and listen to heart always. You all are young and will be having competitor whom you treat as enemy, then feel yourself lucky for having enemy as you know that a clever person learn more from his enemy then a fool from his friend.

If any problem comes, always keep in mind that problem is not the problem but problem is your attitude about the problem.

Get in touch with Prof. Subhrajit Chanda-
- LinkedIn
December 10, 2022
In Conversation with: Bhagyashree Pancholy, CoFounder at Avyana GmbH, Metalawyers India, Web3 Law and AI Law Specialist
This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

Did you always want to become a Lawyer or was it something that you decided in the later part of your school life? What other career options would you have considered, if not particularly law?

No, I had never wanted to become a lawyer, in fact, my dream was to become an astronaut after watching I dream of Genie as a child. But after graduating with Geography Honours from Miranda House, Delhi University, I filled Law faculty form, sat for the entrance exam, and cleared it. Since it was the first exam I cleared after graduation, and did not want to study anymore during the summer breaks, I just decided to join Campus Law Centre.

I would have been an environmentalist or a vet if not for a lawyer.

What can be the real challenges while establishing a career in the field of law?

There could be many, but I will restrict myself to the two I experienced and get asked about a lot:

(1) godfather or having mentors/family members in the legal field,

(2) how can I work remotely or cross border as a lawyer.

Definitely, in litigation, having a family member or a mentor that supports a novice lawyer helps. But let us come to the second challenge of working remotely and across borders.

Covid changed the way the world worked and it pushed the Indian judiciary to adopt the technology. Many advocates pleaded from the comfort of their houses by using video communication platforms and many more parties to the lawsuit were given an opportunity to hear their cases in person.

As COVID restrictions loosened up, many lawyers went back to the old way and yet many new ones want to work remotely. And some, also cross borders.

What many lawyers do not understand is that with globalization and emerging technology, lawyers will have to be border-less.

New tech and associated legal areas like data protection, privacy, web 3, cryptocurrency etc. are border-less and the system will have to move from litigation in a specific country to alternate dispute mechanisms like arbitration or mediation.

New lawyers will not have to appear in front of a district judge every day, they will be assisting legal counsels and judges outside of India and will need to know many other laws apart from Indian laws.

This can be challenging as now lawyers will literally be competing with lawyers globally

Where individuals are still struggling learning about GDPR and data protection, you had a control on it way more earlier, what was your preparation for the same and how professionals can take charge on such critical laws?

I actually started working in data and privacy when GDPR didn’t exist and many were not aware of this right of theirs.

At my first place of work in 2012, which was a tech/SaaS company that hosted websites globally, I was introduced to user privacy. The lack of laws and fewer judicial precedents meant every builder had their own way of assigning roles and responsibilities when it came to data privacy.

The strict segregation of controller and processor came much later when GDPR came into effect, but back then, we were responsible for assigning such roles and interpreting local IT laws in a way that protected the rights of both, user and builder, across jurisdictions.

My seniors in the legal team were my guides who had a rich experience in such fields with big companies like Intel, Microsoft, and Google who taught me everything I know about data protection and privacy policies.

Even after GDPR came into effect, we did not have to re-do a lot, as GDPR is more about regulation than prohibition (many users believe that under GDPR, companies are prohibited from storing and processing their data which is incorrect).

I am seeing a repeat of 2012 now in web3 and AI space. The laws are currently non-existed and are being drafted, and each user is interpreting and applying local laws to the best of their knowledge.

I would suggest the upcoming legal minds not focus on a lot of courses, but gain knowledge of such laws by experience. I never sat for any data protection and privacy exam, have no certification in this, and yet I know these laws because I learned from working in these sectors.

Congratulations on being listed as Remote Influencer and Women Lawyer in the Legal Technology Sector, how would you describe your role as a leading lawyer in the technology sector?

Not easy, in short. Tech is a male-dominated world and when I attend business meetings as a co-founder of my company that researches in the field of Artificial Intelligence, I do get an occasional look.

Again, I started working remotely in 2012 for many personal reasons and it was very, very tough to break into the industry. Lawyers working remotely was unheard of, and to be in the tech sector, even a lawyer needed to understand the basics of it.

After working hard for ten years, I am now in a much more comfortable situation where I work on new technology, overseas labour compliance, artificial intelligence and law, remote work and law, and lecture at universities.

Though it may appear as if I have settled, I can assure you that every month, I end up reading and learning about new tech, digging some judgments on them, and interpreting laws (even though I don’t speak many European languages or am qualified to practice there.

I have interpreted German, French, Swedish, Swiss, Australian, Canadian, etc laws for my clients in the tech industry or as my role as the GC at Lano Software GmbH), aiding courts and litigators in lawsuits around web3 and AI law across the globe and going back to studying some more.

At my first workplace, I ended up learning PHP as it was needed for me to understand the tech before writing user rights documentation for it. Now, for my company, I am learning Python to be able to understand our projects, write accurate legal documents for the products and aid my co-founders.

What are the challenges that HR’s in their work life face with emerging technologies like Meta Verse and Web 3? And how can they overcome those?

Let us first understand that when employees work in metaverse or any other virtual platform, it is deemed to be a workplace. Employment and workplace health and safety laws will be applicable in these workplaces as well.

In 2 years since I have been working in this tech, I have seen the following challenges that HRs have faced and I was consulted:

1. Establishing the identities of avatars that employees use in the metaverse

2. Checking if the employees are using a VPN or not

3. VR headsets that are available in the market are bulky and may cause temporary disorientation, watery eyes, headaches, or other nerve-related issues if used for longer periods of time. Injuries from the usage of VR headsets may amount to workplace injuries for which employers will be liable.

4. Cases of cyberbullying, harassment, or discrimination in the virtual workplace will also be the liability of the employers.

5. HRs will need to remember that employment contracts signed in the metaverse may not be legally binding, hence, such contracts should be signed as per the local laws in the non-virtual world.
6. Salaries, remittances, perks, and benefits to the employees must be done in legal tenders only. There is a trend of accepting crypto payments as salaries or to contractors for their services rendered, which is illegal. However, there are a few apps that facilitate this and can be used as they deduct the mandatory taxes from the gross amount, turn the net amount into cryptocurrency and transfer it to the beneficiary.

What HRs can do to overcome such issues:

1. Draft workplace policies that take into account the metaverse workplace.
2. Include cyber bullying, online harassment, discrimination and other forms of online safety norms in the company policies

3. Prohibit the use of VPNs by employees

4. Maintain and update a list of avatars that employees use and ensure that they are not copyrighted and are available for commercial and non-commercial use

5. Draft an extensive and clear-cut workplace safety policy

6. Conduct company-wide training for the usage and code of conduct of the VR workplace

7. Set salaries and compensation expectations right. Will these be made in cryptocurrencies, if yes, how and if no, why should be mentioned in the employment contracts.

8. Draft a VR workplace policy, in addition to the regular workplace policy, that should contain all the issues related to VR.

You have a decade of experience in dealing with employment laws, at a similar pace, how crucial is it for the employees to strike a balance between work-life balance and are there any laws that we should be aware of significantly?

Since I work for a German company, I can tell you that the laws in the EU are very strict and employee-friendly. As per German laws, I cannot be disturbed during my non-working hours and cannot work overtime, unless mutually consented.

In India, the concept of work-life balance is unheard of at many companies. Toxic work culture, unnecessary work pressure, office politics and favoritism, and lack of knowledge of the employee’s part of their rights are duties are major challenges.

I have to admit that these challenges also exist in the EU, but there are regulations that prohibit employers from doing certain actions that result in a toxic workplace environment.

The laws also exist in India, but the question is always of implementation and the lengthy process of getting justice. Labour courts in India are slow and definitely have a lot of work, but then employers do manage to get out with little to no repercussions.

The HRs and the in-house legal team at companies should continuously educate the employees about their rights so that friction is easily mitigated.

In the EU, employees enjoy protection to a very large extent and the onus is on the employer for many issues, thereby, making it easier for the employee who has been wronged to get justice.

One must always remember, you are replaceable at the workplace, but not at home.

Will AI be the future of law?

Legal tech is to a lawyer what a tractor is to a farmer. A recent report I read mentioned that AI was more accurate at reviewing a contract than a team of very experienced lawyers (96% to 81%). And then there was a very interesting discussion on if AI will replace lawyers.

Having worked in deep AI for a little less than three years now, I can tell you that legal tech powered by AI will be a boon and not a bane.

Currently, AI is not 100% accurate and there will always be a need for a human to counter-review as AI has its own limitations. AI will be an aide and not the controller.

In a few courts in the Netherlands, for a test project, AI was also deployed to aid the judges in delivering judgments, researching case laws, and suggesting legal theories which actually helped the judges a lot.

Of course, lawyers in the future will intervene to eliminate AI bias and that I think will be a major game changer, combining the accuracy of AI along with the rationality of humans.

Can an Advocate be soft-spoken yet established; what do you think about how the legal profession takes this quality?

Yes, absolutely. It is very wrong for people to think that a loud or aggressive individual will be a good lawyer. To be a good lawyer, one needs to have sound reasoning, analysis, logic, and effective communication skills along with strong professional skills and ethics.

Get in touch with Bhagyashree Pancholy-
- LinkedIn
October 10, 2022