Super Lawyer

Tag: LL.M

Abroad LL.M., Foreign University LL.M, Law school, study abroad, master of laws,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    –Professional work ethics and accountability goes a long way.

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

    Get in touch with Deepika Pokharia-

  • Harsha Rathore, Legal Manager at Cinepolis India In a FireSide Chat with SuperLawyer On Role of In-House Counsel

    Harsha Rathore, Legal Manager at Cinepolis India In a FireSide Chat with SuperLawyer On Role of In-House Counsel

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

    Tell us about yourself and what inspired you to pursue a career in corporate law?

    I am born and brought up in Delhi. Despite being amongst the toppers in my school, I was not sure what I wanted to pursue professionally. I took up Biology with Maths in XIIth in order to keep my options open. After passing out of school, still unsure of what I wanted to do, I zeroed in on studying Business Administration on a whim, as I did not want to pursue medicine or engineering, which was the most opted for career option back then.

    It was during graduation days that I discovered my love for law when I was introduced to Business Laws as a subject. I also realized then that my natural personality traits were aligned with being a lawyer, when I used my skills to negotiate and convince my Professors and HODs to help my friends who ran into trouble with them for multiple reasons.

    Of course, being amongst the good books of my teachers helped to a certain extent in that.

    This naturally progressed into me opting for law when I cracked Delhi University’s entrance exam and studied law in the prestigious Campus Law Centre. Thereafter, I was a practising lawyer for a few years before I chose to move In-House with a Company.

    During my very enriching stint as a first-generation lawyer, where apart from handling cases for individuals, I also got to work closely with several Companies while handling their litigations and arbitrations, I got fascinated by the multi-faceted workings of a Company and the various factors that played part in assisting the top-management take crucial business decisions.

    This piqued my interest in corporate law, and life came a full circle when Business Laws subject in BBA helped me discover my inclination towards law, and after practising law and building my base in understanding the workings of a court, I moved In-House.

    What are some of the most challenging aspects of your job as an In-House Counsel?

    Law is a demanding profession, and whether you are a practising lawyer or an In-House Counsel, every day comes with new challenges, and with each challenge, comes a new opportunity. To pin-point the most challenging aspects would be difficult, as every day is different.

    The job is to assist the Company in all legal affairs, and it can involve anything and everything under the Sun.

    A regular day as an In-House counsel involves a wide spectrum of activities ranging from handling aspects of general corporate advisory, looking after the litigations of the Company, interacting with external lawyers for the same, attending matters, drafting and red-lining of pleadings and agreements, negotiating on closing deals for the Company, briefing senior counsels, interacting with several departments for assisting them in dealing with regular operational issues and commercial transactions, and so on and so forth.

    Simply put, the challenge is to align business objectives with the legal standpoint to the best benefit of the stakeholders, both internal and external, but that is also where the fun lies.

    What strategies do you use to stay abreast of legal developments in the corporate world?

    Frankly, I found it easier to stay abreast of the latest developments in law when I was a practising lawyer, as daily interactions with colleagues outside Courtrooms while waiting on matters to reach would organically help in exchanging new information.

    I did not realize the importance of relevant information just coming to you without you making conscious efforts towards the same. It is a tad bit tougher for an In-house counsel and it requires conscious efforts to stay abreast with the new developments, both in the dynamics of law and business.

    My learnings from my practise days is what works for me in staying aware of the new developments in the corporate world.

    Just that my casual chats with my colleagues outside courtrooms is now replaced with interactions with my colleagues from various departments of the Company, who enlighten me with their knowledge and new developments in their respective fields, and collectively, that gives me a bird’s-eye view of developments in the corporate world.

    Thereafter, my curiosity about the new information pushes me to read extensively on the new developments from a legal standpoint, and as a legal professional, the research skills acquired during my internship and practice days help a great extent in gathering the relevant knowledge.

    Now we are all surrounded by legal tech tools that help in contract drafting and in so many other forms as well, how do you see these tools changing the world of lawyers? What do you think the future of corporate law when AI and the role of legal tech is added on as well?

    These tools are contributing a huge deal in reducing the burden on lawyers. The contract drafting tech tools save up on a lot of time by giving a format to start with. The same, of-course, has to be worked on to suit the specific needs and requirements of the business, and in my view, the legal expertise in doing so cannot be replaced by the Artificial Intelligence behind these tools.

    Besides contract drafting tech tools, there are several other tech tools that help manage the MIS of the multiple litigation’s in a Company and helps In-House counsel in keeping a track of the matters. These tech tools also help in providing data for analyzing the reports for strategizing plans and actions of handling various matters. I see these tools as very important helping hands in assisting lawyers and In-House counsels to work in a more effective and efficient manner.

    What do you consider to be the most important skill for a successful In-House Counsel, and any roadmaps for the same?

    I am still learning new skills every day, and I think the quest to keep learning is the most important skill for a successful legal professional, whether In-House Counsel or a practising lawyer.

    Apart from that, what I have learnt till now is that it is important to put your thoughts into actions. As lawyers, we develop the skill to formulate multiple strategies and plan of actions, but it is crucial to execute the plans in a timely manner to suit the needs of a fast-paced environment of a Company. I feel there is no fixed roadmap for the same, and all ways to achieve the same are the right ways, given one is consistent, conscientious, and persistent towards it.

    Harsha, what do you consider to be the most rewarding part of your job?

    I consider the contentment I derive after a good day’s work where I feel that I contributed towards meeting the Company’s objectives and assisting the various business functions in taking important business decisions, as the most rewarding part of my job.   

    Lastly, any 4 pieces of advice for our young law generation.

    Law is an intellectually rewarding field and is an extremely demanding one as well. It is important to understand that in this field, knowledge is power, and the learning is never-ending.

    A few of my learnings that I would like to share for young professionals:

    1. Go to Courts. I know Corporate Law has been glamorized enough with the multiple perks it comes with as compared to the challenges one faces as a practising lawyer, but I cannot stress enough on knowing the basic functioning of courts before joining a Company as an In-House counsel. The courts are where all the action is, and the learnings you gather there will help you in the longer run. Once you know the drill, you would not be taken for a ride by others, and you would be a better asset to the Company. Your initial few years as a practising lawyer would also give you clarity on which industry appeals to you.
    2. Take responsibility. That’s the way you learn at the beginning of your career. There could be days when you could not present your case before court, because the clerk did not reach on time with the file, or any such fiasco. It helps to internalize the situation instead of pushing the blame on others. Analyse what you could have done better to avoid the situation, learn, and not repeat in future. Pushing on the blame or justifying yourself before your senior would only stagnate your individual growth, while taking complete responsibility would make you adept at better handling such practical problems that you may face.
    3. Don’t be afraid to fail. A cliché, but your failures will teach you more than your successes.
    4. While we are students, exams are held once or twice annually, but once you are a professional, every day is an exam, minus the syllabus. So brace yourselves for the challenges, and have fun while at it.

    Get in touch with Harsha Rathore-

  • Zeeshan Ali Khan, Partner-IP Enforcement at Rahul Chaudhary & Partners In Conversation with SuperLawyer On IPR and Networking for First Generation Lawyers

    Zeeshan Ali Khan, Partner-IP Enforcement at Rahul Chaudhary & Partners In Conversation with SuperLawyer On IPR and Networking for First Generation Lawyers

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

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

    Though I was doing good in science, however somehow, I was not interested in pursuing a career in science and therefore, was looking for options. During this time, my family suggested me to go for a career in law and when I started preparing for entrance exams of different law schools (as we did not have CLAT back then) – it really fascinated me. I started reading about famous lawyers in India and also visited the lower Court in my city, the idea of wearing that collar band and arguing in Court used to give me goosebumps.

    At was during this time that I firmly took a call to make a career and practice law.

    How challenging has it been for you so far in the legal industry?

    It has been a very satisfactory journey so far. I was able to clear the entrance exam of two National Law Universities and two reputation private universities and decided to join HNLU, Raipur. I joined the third batch of HNLU, Raipur in 2004 and was fortunate to have been taught by some of the best faculties at the time. My five year stay at HNLU was both memorable and enlightening at the same time.

    The strict time lines to submit projects and moot court memorials gave me an early introduction of how the legal profession going to be and worked as a solid foundation for later part of my career.

    I joined an IP boutique firm ZuesIP immediately after completing my course and thereafter, my joined current firm Rahul Chaudhry & Partners in 2010.

    My firm and my mentor Mr. Rahul Chaudhry, the Managing Partner of the firm have immensely helped me become the professional I am today. I started as a junior associate in the firm and slowly learned the nuances of IP and law in general. I was designed as Partner – IP Enforcement in 2021 and handles IP Enforcement before the Courts in India, Domain Name as well as Custom Authorities.

    What created your interest in the IP sector? And how did you prepare yourself for everyday challenges in the same? 

    My initial interest in IPR started when we were taught IPR in the second and third years of our law course. The idea of knowing, protecting as well as helping the brands grow attracted me and I decided to intern with IP Firms to better understand the subject. I learned the intricacies of IP as a subject and practical aspects of implementing the same in day-to-day legal practice during these internships.

    Accordingly, I opted for IPR as my honours subject in the university and got a specialization in the same.

    Preparing myself to practice IPR was not a challenge for me as I had a keen interest in the subject. I used to go through all major IP judgments by the Courts to keep myself updated of the latest developments and still try to read as much as I can whenever the schedule permits.

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

    Being a first generation lawyer myself, I have never felt any difference in terms of treatment by law firms or corporates. If you have knowledge of the subject and good command over language – you are bound to be noticed. The age old saying that there is no substitute to hard work is absolutely correct. I am a strong supporter of making your work speaks for yourself. If you are getting reliefs for your clients and are being recommended for your work – the world will look for you.

    At the same time, I would suggest one to leverage technology, join industry groups in person or through various social media like LinkedIn and also offer educational resources. Give presentations and educational lectures in various industry gatherings as well as educational institutions.

    What are the most important qualities for an intellectual property lawyer?

    An IP lawyer needs to keep himself updated with latest judgments and industry practices. With the creation of IP Divisions in the Courts, IP has become even more niche practice. Going through PTC on a regular basis and keeping a track of prosecution practice is also very important. I always suggest that to be a successful IP lawyer, one should have a good command over prosecution side as the same forms the foundation of one’s IP practice.

    How a trade mark application is filed, the route it takes for registration and how to overcome the objections raised by the Administrative Authorities (like Trade Marks Registry) are all very important. A wrong advice to the client during prosecution and registration procedure can ruin all future prospects of protecting and enforcing the mark.

    Zeeshan, do these legal tech tools have helped litigants and corporates so far in preparation of different documents or filing and what in the future would be challenges for lawyers in dealing with such tools?

    The tech tools are indeed helpful and I see them playing a greater role in future. Along with saving time, the tools also minimise the chances of an error. Many corporates have started using them to keep a track of their matters pending in the Courts, checking the deadlines and even setting reminders to ensure that no deadlines are being missed. As we all know, deadlines play very important role in our profession.

    The time frame provided by the statues to file pleadings/documents before Courts as well as various administrative authorities are to be strictly followed, specially in IP prosecution. Hence, I believe the tech tools are going to be a game changer in future. With respect to the challenges, I believe the new generation of lawyers will not have any difficulty in handling these tools. I suggest even law schools should start preparing the students to use these tools during their course.

    As a partner of a law firm, how do you manage to balance the work-life aspect?

    Work-life balance is very important to ensure a long-term efficiency in work and a satisfaction in your personal life. My day usually starts at 9 am in the office and then few hours are spent in the Court as well. Being a partner, I also try spending sometime with my team members to interact and discuss work and the general life related aspects. However, one needs to prioritise the work and maintain a discipline during the working hours.

    I am a strong supporter of not carrying the work related stress to home and spend my away time playing with my daughter as well as working out. It is equally important to take care of your health and therefore, I have made it a routine to work out for atleast an hour every morning.

    The same not only helps me stay strong physically but also strengths my mind and helps me to prepare myself for the day.

    Lastly, any advice for our young law generation?

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

    Get in touch with Zeeshan Ali Khan-

  • In Conversation with: Abhishek Yadav, Founder at AY Associates, High Courts & Supreme Court of India || Advocate & Legal Consultant

    In Conversation with: Abhishek Yadav, Founder at AY Associates, High Courts & Supreme Court of India || Advocate & Legal Consultant

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

    Would you like to tell our audience about what motivated you to choose law as a career?

    Growing up in a small city in Agra, I didn’t think of becoming a lawyer. My father, being an engineer himself, motivated me to take up science in 10+2. However, as soon as school got over, I knew that a career in science is not what I was looking for. I opted to study business administration in my graduation, for which I moved to Delhi. It was in my time in Delhi when I was introduced to the legal profession through friends and acquaintances. On one occasion, I got the opportunity to accompany a friend of mine to the Delhi High Court for one of her personal matters. That was my first tryst with the legal system, but that was enough for me to make up my mind that I wanted to pursue litigation as a career. The next step for me was to start my study of law and get a law degree. I worked hard on my entrance exam and sat for the University of Delhi, Faculty of Law, and started my legal journey as a student of the esteemed Campus Law Centre.

    Looking back now, I understand that my sole motivation to become a lawyer was to do work which has the potential of having a long lasting impact on people’s lives and for me, that is what the legal profession is all about.

    Abhishek, we all have our struggle stories to share and I mean not struggle specifically but yeah, the obstacles that one has to overcome, would you mind throwing light upon those?

    I love the word ‘struggle’ and perceive it as a very positive term. In fact, everyone is struggling in their own way, even lawyers – some are struggling to get new clients, some for favourable orders, the struggle is continuous. In my opinion though, the ability to deal with struggle with a positive outlook is what makes one a better lawyer than their contemporaries.

    Post my graduation in law, when I got enrolled at the bar, I was struggling to get a job, get a good job profile, better work and then some more work. Three years into the profession, I made my peace with the struggles and obstacles, and that’s when I actually started growing as a lawyer. From carrying heavy files and running between courtrooms to sending my profile to “A tier” law firms and conglomerates (for more work), I have done it all. Looking back now, I genuinely cherish those days. At same time, I realise that the struggle will never be over. You just have to start learning to enjoy it as a part and parcel of the profession you have chosen.

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

    Since the beginning, I have treated everyone around me as a potential client. Like doctors, everyone needs a lawyer (however much they may not want it!). In a world driven by social media, the first step for me was to be connected with friends, colleagues and peers through whatever platforms I could exploit. That would be my advice –  use your primary network to build yourself from ground up.

    Another very important thing is to speak and write about your work, be it failures or success, or even the constant struggles of a young lawyer like myself. That being said, I do not think there is a straight-jacket formula for networking. As important as networking is, it is complimented by word of mouth. Just focus on good work and people will come to you.

    How has been your experience so far dealing with cases wrt NDPS matters and Consumer rights? Would you recommend this niche to young legal professionals, and if yes, why?

    Honestly, I have done many more consumer cases as compared to NDPS matters. At the beginning of my own practice, I argued a bunch of consumer cases. The favourable orders that I got in some of those cases gave my career the boost it needed at the initial stage.

    They also helped me become more confident as a lawyer. Coming to the question of building a practice around this niche area is concerned, I believe there is a lot of scope in both of these fields. After the introduction of the new Consumer Protection Act 2019, the work has really gone up, especially in light of the amendment in the jurisdiction aspect of the new law which, being pro-consumers, has given them a lot of confidence. Despite Courts laying down settled principles of law in almost all aspects of consumer cases, I believe there is more to come. If you can think out of the box, consumer law is a niche I would highly recommend.

    As of now, my team and I, at my firm AY Associates, are focusing primarily on corporate advisory, financial frauds, alternate dispute resolution and litigation.

    Abhishek, do these legal tech tools have helped litigants and corporates so far in preparation of different documents or filing and what in the future would be challenges for lawyers in dealing with such tools?

    Very interesting question- In my personal opinion, technology and legal tools based on these technologies have truly helped litigants and corporates to understand the procedural as well substantive laws very well. Smart contracts are a thing now and so many corporates are opting for such options, especially in this world of Artificial Intelligence. To this end, many start-ups have cropped-up in the market selling AI-driven software for end-to-end contract automation and this is only the beginning, in my opinion.

    To answer the second part of your question – I believe these tools have the potential to act as a helping hand for lawyers, especially with contracts and corporate advisory. That being said, I do believe that machines/AIs can never outsmart a human being.

    India is going through a massive start-up revolution, to what extent the work of lawyer will increase and any special skills that can help in this sail?

    Indeed, India is growing immensely with respect to start-ups. In terms of legal work, we at AY Associates are currently handling accounts of various start-ups regularly wherein we are working on

    1. Advising them on fund raising,

    2. Drafting of complex agreements, and

    3. Litigation. With this growing economy of start-ups, the work of a lawyer is only going to grow in future. And considering that majority of start-ups are conscious of their funding and finances, a large number of them are opting for young boutique firms like ours, which offers them the same standard of work as that of top law firms but at a fairly reasonable price.

    Start-ups at their initial stages are often looking for a one-stop solution for all their legal issues and that’s a niche in itself. That’s where you have to really work upon – provide solutions to all their legal and quasi-legal problems.

    While dealing with start-ups, lawyers should endeavour to be aware of all major aspects of the business of the company. This includes not just law, which of course is primary, but everything around the business the potential star- up client may be dealing with. As a lawyer, it is imperative for one to understand that small business owners know their business and not law, and therefore a good practice would be for the lawyers to proactively advise the clients on every aspect of their business. Do that and then even the sky is not the limit.

    During my initial days, I was advised by one senior colleague of mine that “before entering a meeting with a start-up client, ensure that you read extensively and thoroughly about their business. You should know more about their business than them. It will raise the client’s confidence in you and I assure you the mandate shall be yours”. I would like to pass on the same words of wisdom to others who are starting out.

    “Pro-Bono matters don’t really benefit you in the short or long run”, how true is this phrase? 

    If you ask me, I would say – “Pro-Bono matters really benefit you both in the short AND long run”

    I started out as a PIL lawyer where there were negligible commercials involved, but there was a brief, a cause, and an opportunity to argue matters before the CJI bench in the Supreme Court of India! I consider myself fortunate that in just the first year of my getting into the profession, I was getting to argue a writ in the “temple of law”. It was the best feeling ever. Being a first-generation lawyer, that experience gave me a lot of confidence and inspired me to do more. At the sunrise of my career, I quickly realised it’s better to be a lawyer with briefs but less money than being a briefless lawyer.

    Exposures like these in the initial days are rare and one should never shy away from grabbing such opportunities. It helps you understand the art of law, gives you immense confidence (much needed in the legal profession) and helps you grow your name as well. Even now, I continue to do pro bono matters before the Supreme Court and the High Court of Delhi, because I believe that I have the potential to bring some positive change in the relevant section of the society.  

    As a founder of a law firm, how do you manage to balance the work-life aspect?

    When I am at work, I don’t feel that I am at “work”. I being a lawyer has been a part of my life for the past decade, and that is reflected in my personality as well now. I love to wake up in the morning and go out and do my thing. Obviously, some days are less exciting than the others, but that’s part of the game, isn’t it?

    Secondly, as a founder of a boutique law firm, my primary focus has been to build a great team of lawyers who understand their roles well. We are still a work in progress (aren’t we all?), but I have immense faith in the team that I am building. After all, teamwork makes the dream work.

    On some extremely hard days, I fall back upon sports and music, both tied for the position of my second love. In their own way, each of these help me sail smoothly through rainy day.

    Lastly, any advice for our young law generation?

    Do what you do with utmost sincerity and conviction. Patience is the key in this profession and if you wish to make it big, please don’t forget to tie your laces properly so that you can run that extra mile.

    -Abhishek Yadav

    Get in touch with Abhishek Yadav-

  • In Conversation with: Mantra Jha, Legal & Compliance Professional

    In Conversation with: Mantra Jha, Legal & Compliance Professional

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

    ***Disclaimer***

    The opinions and views expressed are that of the author and bears no responsibility whatsoever. The thoughts shared are for general informational purposes and should not be construed as any official advisory.

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

    Enrolling for a law degree has not happened accidently. It was an unplanned decision, but if I look back, it gives me jitters that what if the sudden decision has not been formulated.

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

    I feel opting law as career will help to build and to decide aim in life, setting up of goal, ready to endure the hardship in starting phase of the career, building interpersonal skills and financial stability till the career is stabilized.

    As the industry is going through massive changes right now and recent developments, can we expect new opportunities in the compliance sector? 

    Yes, with the increase of digitalization, cyber networking and easy cross border transactions, the role of compliance officer will go beyond the routine regulatory matters.  We also have to take in to the account that the way Regulators are penalizing companies for non-compliance, the cost of non-compliance would be more than the cost of compliance. There is a lot more efficiency coming into the system, as you note that all the regulators are evolving by adopting the latest technologies like artificial intelligence, machine learning, block chain processes to help improve their control/system.

    What all tasks have to be executed being a compliance specialist?

    Compliance Specialist are responsible for ensuring that all corporate processes and procedures comply with the law, and not only the law — a Compliance Specialist/Officer is also responsible for ensuring that company operations comply with internal standards too.

    When an inspection is bound to happen, one needs to be quite versed with the recent changes and happenings in the industry, how do you manage all that stuff Mantra?

    By not waiting for end  moments, a lawyer needs to be well versed with the new changes and amendments, they have to keep themselves updated constantly.

    Do you think the role of AI can further increase the compliance burden? 

    No, rather I feel that it will help to focus on strategy and mitigating the risk.  Software applications that integrate AI can increase the efficiency and effectiveness of regulatory compliance programs. AI is carving out a growing niche in regulatory compliance because AI and Machine Learning (ML) applications address common challenges and systematic issues that compliance officers face every day.

    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? 

    Encountering stress is inevitable in the legal profession. But the way you handle it can make a big difference in how stress impacts your career, health, and emotional well-being.  You should mitigate your stress by opting these strategies: Keep stress in check, set goals, make time for loved ones, know your limits and draw boundaries.

    Lastly, any advice for our readers? – 

    These days there are multiple career options for the law graduates.

    You may opt to establish social justice / may opt to defend those who can’t protect themselves by being a practicing lawyer, in house consultants for corporates, financial corporations etc, some may fulfil their dream of working for a large international law firm and make a good money.

    In any case, lawyers have the unique privilege of upholding the rule of law and championing for the public good. In my view, every person should learn the basic law to understand their basic right.

    – Mantra Jha

    Get in touch with Mantra Jha-

  • In Conversation with: Nishant Chaturvedi, Compliance Business Partner, R & D (India)

    In Conversation with: Nishant Chaturvedi, Compliance Business Partner, R & D (India)

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

    Disclaimer- The views and opinions expressed in this Q-A discussion are those of the author and do not necessarily reflect the official policy or position of the company they work for.

    Would you like to tell our audience about what motivated you to choose law as a career?

    For me becoming a lawyer meant learning about negotiation and people management, two of the really important skills to succeed in life.

    Nishant, we all have our struggle stories to share, and I mean not struggle specifically but yeah the obstacles that one has to overcome, would you mind throwing light upon those?

    One obstacle rather a challenging situation that I faced in my last role as an in-house counsel in the current company was leading a global project that involved folks mostly from medical background basically non-lawyers and this was difficult because we all were responsible to ensure that research trials continue without any hiccups due to this transition.

    I had to make a lot of effort to understand the science behind trials , identify relevant stakeholders and also define a governance process without undermining my counterparts from medical team. This experience gave me lot of confidence to not only design & lead projects of global significance but also work across divisions and functions to achieve success.

    These compliance processes have been there since a long time, but a sudden increase was noticed post-covid, what do you think can be the reasons for it?

    COVID 19 created frankly a perfect storm of economic pressure and operational disruption…hackers infiltrating your network or attack against corporate data science or not using IT assets for its intended purpose/ cutting & pasting data from one application to another! In other words, pandemic created new risks that business might not have had to worry about before and impact is to an extent that these risks now exceed whatever controls you previously used.

    Today the need of the hour is develop a sustainable compliance framework- one that can track/measure new risks and in parallel test and document controls as necessary, and guide remediation efforts. Most importantly, business should make proactive efforts to integrate compliance into operations because many times business change their approach/strategy without involving compliance and this means existing internal controls no longer fit their original purpose.

    In post COVID 19 world this thought process is needed to stay ahead of competitors and ensuring compliance with policies.

    People say in-house counsel should also have a business acumen, maybe if we can call them an “All Rounder” here, what are your views on the same Nishant?

    We live in world that requires us to embrace and plan for change. Same goes for in-house counsel. The common perception was ‘legal is reactive and not proactive’. But now what I see is with time its the legal function that often bears the maximum burden of changes that companies go through…all this while coping with constant demands for greater efficiency/productivity and cost savings.

    The role of the in-house lawyer has evolved into new areas such as Govt. Affairs, Audit and Compliance reporting, CSR etc… this is more than just a change of job title, it’s an acknowledgment that your in-house counsel is part of C-suite. This also conveys the strategic nature of legal function and the contribution it makes to company’s growth.

    Nishant, do you think India has been following up sincerely with the GDPR regulations/privacy protocols or like me you are also of a view that it was violated during the covid times?

    Data is the new currency and it only makes sense for companies to invest in protecting their data. India in my view seems to be on right track as outlook towards privacy has changed considerably in privacy space and this is largely because of a collaborative approach by govt and private companies. However to continue with this momentum we need to invest heavily in technology and associated controls to meet privacy requirements faster.

    Not everyone has the ability to navigate through different regulations, but you do that so well, what are the strategies for the same that you apply constantly in your routine?

    Stay informed, attend online events to keep a tab regarding changes in regulations. Some online/in person conferences can really provide useful insights. Subscribe to blogs and newsletters. Join industry associations, its a great way to stay connected with changes in your field.

    How do you maintain the work-life balance Nishant?

    I actually like to term it as work-life integration because this will bring several aspects of work life such as work, family, well-being under same roof. I can choose to manage personal tasks during work hours and vice Versa. The biggest plus I see with this approach is flexibility eg. allowing me coordinate my schedule and responsibilities more productively.

    Let tips in my experience:

    a) Learn to say no- very important part of setting boundaries

    b) ask for flexibility- open conversation about your needs vs. your employer/team needs can lead to win-win scenario

    c) make space in your schedule for family time

    d) always remember your work and managers can wait but your friends/family and personal milestones will not.

    Nishant, being a mentor yourself, please give a few pieces of advice for our readers?

    Mentorship does not have to be a formal process but in our field it’s a crucial form of support for budding lawyers/law school students. Its important to recognise that a mentee places a lot of trust so a mentor should take out time of their schedule to help mentee develop and grow. But its equally important that mentee also assumes responsibility for learning because a mentor can only give you tools and guidance.

    Lastly recognize that the mentor maybe phenomenal but will have a limit to the knowledge and abilities, its important to not get upset or disappointed because your mentor cannot answer all questions but make the most of their time and knowledge in areas where they can.

    Get in touch with Nishant Chaturvedi-

  • In Conversation with: Denis Sadovnikov, Data Protection Officer, Sberbank and External Expert, Consultant and Coach at Data Privacy Office Europe

    In Conversation with: Denis Sadovnikov, Data Protection Officer, Sberbank and External Expert, Consultant and Coach at Data Privacy Office Europe

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

    Was pursuing law pre-planned for you or did it happen by chance?

    Legal profession was my deliberate choice. Since my childhood I have been passionate about my rights, rights of others, human rights, justice and the degree of compatibility of state’s legislation with law.    

    What were the struggles you faced in the beginning?

    I gained my first legal experience when I was a teenager. When I was sixteen I helped my parents in their litigations. It was arduous and disappointing sometimes. I saw incompetent judges, judges who neglected and perverted the law. And I saw plenty of pieces of legislation which were obviously outdated or unjust.

    My family was poor, that is why I started my legal education as military-police cadet (this option is completely paid by the state), this way demanded hard work not only to master the subjects but also to pursue some police duties.

    Additionally, I managed to participate in some legal scientific societies, conferences and provide vulnerable people with legal advice and help for free. During my study I got acquainted with ICRC activities and became true adherent of ICRC and IHL.

    When I graduated from the university, I gave up the career at the police service because the reality there was far from principles of rule of law and human rights priorities. Then it turned out that graduated professionals with the background of police universities are much less demanded on the market.

    That is why I had to develop, approve and demonstrate the highest level of legal professionality continuously. I tried to obtain advanced experience, pursue scientific researches and started working as lecturer in law.            

    According to you Denis, as a law student, where should the focus be on, the hard work on academics or smart work on networking and building a great skill-set?

    I think both elements are important. They complement each other. Networking helps you demonstrate your competence but you should actually have what to demonstrate.

    What are your views on AI or legal tech adoption, what restrictions will it have in the coming years?

    Every technology may be used for good and for evil, particularly, technologies which we currently embrace under AI umbrella term. These technologies are able to improve our life enormously but on the other hand they might affect human societies devastatingly.

    Particular concerns are connected to potential loss of human control, dehumanization of decision-making, surveillance, profiling and manipulation of will. Threats regarding to automation of weapon also should be stressed.

    AI needs regulation as well as we regulate nuclear energy. I believe that we should regulate such powerful technology both on international and domestic level in order to put human first and make technology serve people and uplift humans’ personality, not degrade it, prevent inflicting harm and misuse of AI systems.         

    Denis, you’ve been quite active as a Data Protection Officer since Feb 2022, what are the roles and responsibilities of the same?

    To cut a long story short, I’m responsible for development and maintaining Privacy Management System throughout AI lifecycle, including design stage, collecting data, forming dataset training of the model, its testing and deployment.

    On the one hand I should assess whether we are entitled to use particular data for development of particular model (indicate personal data, assess purposes of processing, define necessary amount of data, minimize data and processing operations, chose appropriate legal ground for processing, provide transparent communication with data subjects, weight up their reasonable expectations and the context of processing, define storage period and destruction mechanism as well as protective measures, etc.).

    On the other hand my role is to assess the possible impact of particular AI solution on data subjects’ rights and freedoms.

    DPO is both the advocate of data subject defending human rights as well as business assistant helping to find and implement solutions which are compliant with law and comfortable for users. Correlating these two points is crucial to implement Privacy by Design.

    Another significant thing is definition of applicable law and rationalizing legal requirements of different jurisdictions. It is also important to be familiar with world-best trends and approaches and be ready to implement them. Additionally, it is worth to be mentioned that DPO should make sure that all employees are aware of data protection issues and able to handle data in accordance with internal policies.

    That is why I spend huge amount of time educating and training our staff to communicate with people.       

    What are the strategies that may help someone to clear the certifications for CIPM, FIP, GDPR DPP and GDPR DPM?

    From my point of view, the best strategy is to combine theory and practice, to educate oneself continuously and try to implement all new knowledge in practice immediately. 

    Denis, can you please share the compliances for AI and legal tech in Russia?

    Russia is prominent by its IT professionals including the field of AI. Currently many small and medium companies are leaving Russia because of political instability, but leaders are in place. These are mainly two hugest companies: Sber (not only Sberbank, but the group of companies on the whole) and Yandex Group. Speaking about legal tech, I’d indicate such companies as Pravo.ru, Kept (former KPMG) Seamless (former CMS), Consultant, Garant and others.   

    As someone who is passionate about pursuing law in Russia, what are brownie points one need to always look out for?

    Russia is European country and belongs to European continental legal tradition. Russian legal system by its nature is an example of civil law jurisdiction based on Roman legal heritage. The composition of system and vast majority of legal institutions are derived from French ones, some from German.

    Influence of English law took place but was not significant. Robust French-fashion frame of law is spoil by some unreasonable derivations and poor enforcement and legal culture. Utmost positivism is a predominant way of thinking among practitioners.

    That is why it is useful to explore Russian law in the context of European jurisprudence, particularly, French.       

    Unfortunately, currently it is not the best time for jurisprudence in Russia. Legal system is not in well fit and it is continuing to be erased. Almost each new piece of legislation undermines coherence and predictability of legal order. It seems like Russian rulers are trying to follow all bad examples of Lon Fuller’s Rex.

    True sense and purposes of law are quite frequently perverted and misused during the application and enforcement. Independent judiciary does not exist. Truly speaking, the rule of law at all does not exist.

    We need a new generation of lawyers who could reinforce rule of law, priority of internationally recognised principles, universal human rights, predictability and coherence of legal system.   

    Lastly, any advice for our young legal professionals?

    Stick to your principles and aways remember that lawyer’s mission is to protect human rights and uphold rule of law and justice rather than merely apply legislation. You should be able to find law behind sophisticated and controversial language of legal texts.

    It is up to you to be creators rather than executors and improve your legal system and legal environment.

    -Denis Sadovnikov

    Get in touch with Denis Sadovnikov-

  • In Conversation with: Avneesh Chopra, Head (Legal) and Company Secretary at Valvoline Cummins Pvt Ltd (India)

    In Conversation with: Avneesh Chopra, Head (Legal) and Company Secretary at Valvoline Cummins Pvt Ltd (India)

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

    Was doing law pre-planned or did you instantly make a decision to pursue law?

    Yes, doing law was pre-planned. My father who is also law graduate from Delhi University introduced me to the law and law books. We used to have a small library at home where I enjoyed reading the case laws on contracts, IPC etc.

    When I went to do B. Com (H), I was introduced to contracts law, sale of goods, partnership, and property laws, where the actual journey to understand the law started.  To further enhance my knowledge of law, I also decided to pursue the Company Secretary course which provided me more insight into finance and taxation, and the law governing the corporate entities.

    Having more than 2 decades of experience in the legal industry, what strategies keep you going in this profession?

    The strategy which keeps me going is that I always consider myself a student. As a student, I am open to new learnings, changes and challenges.

    As a law student, I developed the habit of observing and learning, before interpreting and applying. While working as an in-house lawyer, I realized that to have legal knowledge is not enough; hence, I worked myself to understand the other facets of the business, competition, industry, and kept myself updated on foreign economic and  regulatory environment, as well.

    During my career, I also faced a few up and downs which fortunately helped me develop a network of mentors, comprising individuals who have supported me during testing times.

    Do you think after doing CS, it’s an easy sail for every legal professional in the corporate world? We have heard opposing arguments though from some people!

    Nothing is easy in the corporate world if you are a legal professional. The Company Secretary Course will help you understand the way in which an organization operates and functions. If you wish to work in the Legal Team of a company, then the Company Secretary course is a good option as it is designed to give you knowledge in various subjects and areas which are beyond the law as well.

    The Company Secretary works as a link between the company and its board of directors, shareholders, government, and various regulatory authorities.

    Hence, they take up diverse roles in the management, taxation and finance departments of a company and help the company in all such areas. It is incorrect to say that Company Secretary course is an easy sail; it should be kept in mind that every professional in the corporate world must prove their worth and deliver results to move up the ladder.

    Avneesh as you are experienced in dealing with POSH cases, we have heard a lot about “Quid Pro Quo Harassment” and what are the punishments for the same?

    In Latin, “Quid-Pro-Quo” means “something for something”. Quid pro quo sexual harassment occurs when employment, pay, benefits, title, position or other opportunities for advancement or training, are conditioned upon the submission to unwelcome sexual advances.

    Quid-pro-quo is a serious offence. It is extremely important to be very clear and transparent in all businesses dealing with employees at the workplace. The punishment depends upon a case-to-case basis ranging from disciplinary action including a written apology, reprimand, warning, censure withholding of promotion/ pay raise/ increment, termination of employment, undergo counselling etc. In some matters, it could also lead to a criminal complaint against the perpetrator.

    Reg -Tech is helpful they say in doing compliance’s, how far do you believe this?

    Definitely, any tool and technology which reduces human efforts and intervention are going to help. In a digital environment featuring complex business structures with the change of law and regulations almost happening on daily basis, organizations require tools that will keep them up to date with the latest regulatory changes thereby minimizing the likelihood of human error.

    Reg-Tech can also provide increased confidence in meeting board agendas pertaining to issues such as transparency and proactive reporting of risks and compliance. This technology also allows companies to meet regulatory-driven data activities and support submissions to regulatory bodies in an accurate and consistent manner.

    However, before implementing and recommending Reg-Tech, we as lawyers need to learn about the technology, its architecture, data models, as well as algorithms.

    We also need to understand cross-functional teams for evaluating the risks, beyond the legal risk of using manual and automated processes, along with the legal risks related to any specific Reg-Tech product. Data protection and privacy remain the most important factors to consider when using Reg-Tech.

    As tech startups are growing like never before, do you think our data is protected and the level of secrecy is maintained?

    Data is growing faster than ever. Data secrecy and conditionality are prime concerns of General Counsels (GCs). The prevalence of cyber-attacks, frauds & crime and the emergence of new regulations like CERT guidelines are forcing boards and their GCs to work closely with the chief information security officer (CISO) to make decisions about how to protect the company against cyber-attacks, respond to data breaches as well as other attacks, while complying with applicable data protection laws.

    My personal experience suggests that many tech start-ups are not investing enough time & sources and are not incorporating privacy as the default.

    In recent times, we have seen the Government withdrawing the personal data protection (PDP) Bill after receiving concerns from Indian start-ups, which suggest that data localization requirements in the draft PDP Bill are too “compliance intensive” and could hamper the ease of doing business and stifle innovation.

    The same may be true, however data security and confidentially should be paramount and should be a part of the core DNA of any start-up or organization. The tech start-ups should consider data privacy as part of their core foundation before offering any products, services, and processing data, which will enable them to be future-ready. Further, it will bring transparency and trust among the users and customers.

    How do you see the corporate world serving more opportunities to individuals in the legal world?

    Multiple opportunities are available in the corporate world for individuals. The legal department as business partners must take ownership and support the overall success of a company.

    Depending on the nature and size of the business, in-house legal work has been rising in volume, especially in specific areas like environment & safety, data protection & privacy, competition law as well as other  regulatory & compliance work arising out of amendments and change in law, compliance breaches, intellectual property protection, M&A etc.

    Another reason for the increase in legal work is the growing attention to legal budget control and better risk management, whereby in-house lawyers’ must have more knowledge about the company as compared to external lawyers.

    At present, many lawyers are contributing to multiple facets of the organization such as corporate governance, contracts, litigation, compliances, ethics, investigation, internal control & audit, employment, data privacy as well as other security matters, corporate social responsibility, policy advocacy & liaison, taxation and finance.

    The key attribute for an individual to grow in the corporate world is that they should have commercial sense, be willing to learn, explore new opportunities and be ready to work outside their comfort zone.

    Any advice for our readers?

    To succeed as an in-house lawyer, you need to be proactive, flexible, find solutions and communicate them in a concise and simple manner. You must understand the business, the industry, collaborate more with other businesses, build trust, and relationships. One must also ensure the alignment of expectations and communicate them. It is also important to remain  a lifelong learner.

    In today’s dynamic environment, if you can think and act as entrepreneur, the same is going to help you immensely.

    Get in touch with Avneesh Chopra-

  • In Conversation with: Isha Priyadarshini, Senior Manager Institutional Fraud Risk Control Unit at Niva Bupa Health Insurance

    In Conversation with: Isha Priyadarshini, Senior Manager Institutional Fraud Risk Control Unit at Niva Bupa Health Insurance

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

    What was your motivation behind choosing law as a career?

    This was more of a destiny than a chosen path. I always wanted to do MBA and be in corporate Management. Post high School while exploring career options I came to know about National Law Schools, and in the meantime NLU Patna started. While going in depth I got to know the plethora of opportunity a law student can have post completion of the degree.

    I figured out that choosing Law as a career option will be academically challenging and financially & personally rewarding. I thought choosing law would help me in improving my standard of thoughts, skills & knowledge. With this thought process I sat for entrance exam and got admission in NLU.

    How has been your journey in this profession so far? And do you think first generation lawyers have to face more challenges than the one’s having already a family of lawyers?

    Prior to globalization, there were very limited option for a law graduate to opt for. Post completion of law most of the candidates will have to go for litigation only. Moreover, for a first generation lawyer it would be difficult to even have a decent earning out of it. Most of the law students were forced to join any senior counsel wherein the incentives were very low or I would say nil. Nevertheless, this changes post globalization, plethora of opportunity were introduced in the legal field. Recent times a law graduate can opt for Litigation or Corporate Legal or Law firms or LPOs or any other intermediary platforms.

    Talking about my Journey I will definitely say that I have focused on the long run and tried to put my hands on every aspects of Legal field. Today’s time a GC position requires having hands on experience in Legal, Compliance, Risk and Audit. After 10 years post completion of my degree, when I look back there were so many different areas I have explored and I can definitely tell other aspiring lawyers to not only have full control over your current profile but also be keen to take risk and explore what more this profession can offer in various diversities.

    What are the challenges while coordinating with various departments and conducting fraud investigations, as far as I believe this takes a lot of time and research, so how do you prepare yourself?

    Every fraud investigation is different and unique in nature so you cannot apply your same textbook strategy on every case you have. You have to keep yourself upgraded and you have to use your experience, knowledge and common sense in every case.

    The key role of fraud investigator is to catch hold of the perpetrators but most importantly, our role is to create deterrence in the system to avoid further frauds. Fraudster’s will keep on finding loopholes in the system and policies and we have to keep finding different ways to catch hold of these people.

    Working endlessly and achieving so much at such a young age requires constant motivation and a crystal clear vision as well, so what’s your mantra for the same?

    Motivation will only come when you love your profession and you are ready to face new challenges. I had a neck for wanting to know everything what is going on behind the scene since childhood. This aptitude in me kept me interested and motivated to find out the truth in every investigation I do. This profession poses you with different set of challenges every day, its one of the most dynamic role one can do. My Mantra is very simple. Work with full dedication and take things to logical conclusion, achievement and success will follow.

    Are conducting insurance compliances somehow different from others or If I ask you how do you make it easier and efficient?

    The Fraud Risk and compliance functions of an Insurance Company are expected not only to protecting insurance companies from downside risks but also to shift toward providing them with strategic advice to support growth and changes.

    To execute these responsibilities, we as a function must be agile and proactive, delivering results cost-efficiently. We must tap into the power of advanced analytics and automation so that people can focus entirely on the activities that most need human judgement: mapping key processes and leveraging technology advances. We always focus on modernizing the rigid legacy systems and processes that inhibit the sharing and crosschecking of data in a timely manner, which is vital to evaluating exposures.

    What are the opportunities ahead in Reg-Tech and relative sectors? How can professionals upskill themselves?

    Legal professionals have to keep updated not only with the legislations but also with the digitized mechanism in harmony with the legislation. It cannot be denied that the regulation specific sectors have had been significantly updated with tech-based platforms in forms of AI tools. More so because of the nature of the varied segment any regulatory specific sector holds. It brings in huge doorway of opportunity to stay in Regulation specific sector, both absolutely working in it and remotely working with such sectors by being associated with AI based tools. In order to keep upskill for reg-tech sector, it is crucial to stay aware about the market and market players initially. Having said that, it shall be the practical aspect of understanding- example- contracts, competition, sectoral regulation, etc.

    Audit seems to be easier for some people, but that’s not true right? What are the preparations necessary to have? 

    Audit is a powerful tool, which allows you to establish a baseline for your legal position and response. It comprises a broader range of operational issues, or at specific areas of the systems around financial organization in more details. Internal audit might, for example, look at payroll, financial controls, process or data senstivity, etc. It definitely provides an opportunity to identify and remove the element of surprise about legal exposure and legal issues, which have not been identified by the organization’s day-to-day work.

    There is no straightjacket blueprint for the preparation; it encompasses you to have bandwidth of knowledge across legal functions. One should have a good hold of the sector they are in in order to identify risks which have otherwise not been clearly understood, or which have been masked through other controls.

    Get in touch with Isha Priyadarshini-

  • In Conversation with: Shruti Swaika, Partner at Fox & Mandal

    In Conversation with: Shruti Swaika, Partner at Fox & Mandal

    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?

    This has a fairly clichéd answer. My mother was keen that I study law, so I started preparing for the various law school exams. However, right from then I’ve loved the subject and am glad for having taken up law. I enjoy how logical the subject is, and helping families and enabling businesses feels deeply rewarding.

    What are your views on AI or legal tech adoption, what restrictions will it have in the coming years?

    Adopting tech is extremely important. We should all adopt it as early as possible. Tech helps you do the same things more efficiently, saving time, effort and resources. This frees up the professionals to spend more time thinking of more innovative solutions. India still is a developing democracy with many fields of laws at a nascent stage. Lawyers should be able to spend more time in assisting the legal sector mature and bring it at par with international standards. I don’t see tech being able to replace that yet.

    Ma’am, do you think any road-maps help in a career like law, or like many you trust that things can happen by the flow itself?

    Man proposes, God disposes. Although roadmaps have their limitations, one should definitely have one. However, be flexible enough to change the roadmap as and when required, especially in a dynamic market like ours. However, advising on a roadmap is difficult, as each individual has their own story and the roadmap would be different for all.

    According to you Shruti, as a law student, where should the focus be on, the hard work on academics or smart work on networking and building a great skill-set?

    Both, but I feel more on academics. Networking is also important but if you want to be a good lawyer, you have to pay attention to the reading and academics. Smart work and building a great skill-set is a given and not contrary to putting in hard work on academics. They go hand in hand.

    “Unconventional careers in law will spoil your degree”, why has this misconception led many people far away from the legal industry revolution and how to excel oneself to reach heights?

    I don’t know of this misconception to exist really. I see more and more people taking up ‘unconventional’ careers in law. We now have lawyers getting into the business of law firm management, law firm branding, specialised HR for law firms, and the like. In fact, this is quite an underdeveloped space in India still.

    We hardly have any specialized firms that lend support to law firms in industry research in complex litigation’s, financial fraud research, and the like, which is much more developed in the west. I think we need many more professionals taking up “unconventional careers in law”.

    When we talk about disputes, most of the time obviously both the parties commit the same number of mistakes, and both suffer as well, before even going for conflict resolution, don’t you think there is some way out before that? 

    I don’t think it’s obvious that both parties make the same number of mistakes, though you are right, that there will often be a grey area. I do feel that most parties try to settle a matter out of Court prior to coming to lawyers and opting for the legal route. However, this is not because they opt for institutional mediation or ADR, but because they want to avoid the long delays and heavy expenses involved in coming to Court. Most people come to lawyers as a last resort, unless it’s a matter of ego.

    We already have pre-litigation mediation as a mandatory requirement for commercial litigation, which has quite honestly, been a farce.

    In fact I feel it should be quite the opposite. Our legal system should inspire confidence in the citizens that they will get timely relief and do not feel compelled to settle because of lack of confidence in the legal system.

    We read that you are a graphologist, what is it all about, is it something related to astrology?

    Graphology is the study of handwriting analysis. Astrology, at the cost of oversimplification, is the study of the impact the position of the planets at the time of our birth have on our lives. Graphology and Astrology are not directly related. I have always been interested in the occult sciences and have recently started studying Vedic Astrology also. I want to understand on what basis astrologers, who have gained quite a reputation for themselves as being charlatans, make the predictions that they do.

    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 feel it is fairly difficult to maintain work-life balance at a fresher level. That is a stage when you really do need to burn the midnight oil. However, after a few years, it is not difficult to maintain work-life balance. I feel the elements you need incorporate in your life to maintain the equilibrium are

    (1) Exercise,

    (2) Spending time on a hobby,

    (3) Meeting friends, and

    (4) practicing some form of spirituality, perhaps meditation. I have maintained that practicing grounding activities of some sort are important and goes a long way in improving mental health. Meditation, journaling, light exercises, sound sleep (even if for lesser hours) help tremendously in mental health, and can be practiced even when you don’t really have work life balance.

    Few advice for our young law professionals?

    It is important for you to enjoy what you do. The profession is a marathon, not a sprint. I cannot over-emphasize the importance of reading. Whenever you are studying a branch or aspect of law, make your own notes. It will help you in future. Try to maintain your own database of caselaws from the start. Most importantly, don’t burn out.

    Get in touch with Shruti Swaika-