Super Lawyer

Tag: Lex Falcon Award

  • “One must dive into the ocean of cases to understand the real intricacies and interpretation involved in Law.” – Pawan Reley, Advocate-on-Record, Supreme Court of India.

    “One must dive into the ocean of cases to understand the real intricacies and interpretation involved in Law.” – Pawan Reley, Advocate-on-Record, Supreme Court of India.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Reflecting on your journey from law school to becoming an Advocate-on-Record at the Supreme Court, what were the pivotal moments that shaped your career?

    “Qabza dila diya mujhe mere makaan ka

    Mere jo hain vakil adeem-un-nazeer hain

    Poochho jo unki fees, tou ab us makaan mein

    Khud hazrat e vakil rihaaish-pazeer hain.”

    -Anwar Masood

    (English Meaning-

    “My lawyer helped me get possession of my house.

    He is blessed with unmatchable foresight. The fees, however, were so high that it cost me to cover the house itself.”

    The aforesaid lines I came across in my law school days stirred a profound transformation within me, redirecting my aspirations from a corporate job towards the realm of practicing law and aiding those in need as much as possible. I harbored a persistent dream of exerting every effort to alter the public perception of advocates for the better.

    Though my odyssey of the profession of law commencing from law school has not been an easy one but an arduous endeavor. As I was a Hindi Medium Student, even in Law school I encountered myriad problems. I got back in two subjects (English and Economics) in my inaugural semester. My peers hesitated to form a moot team or collaborate on articles with me, exhibiting their professional reservations despite amicable personal relations. In that time some latent sense of inferiority had pervaded my psyche. I don’t blame anyone for this. As humans, everyone wants to be with the best, which I was certainly not in the sight of my colleagues. I decided to fight this and transcend these challenges. I made all possible attempts to hone my linguistic prowess after reading various literature and Judgements. I started writing various articles on different topics. I decided to become the only Speaker in Moot Court competitions to conquer the fear of facing the judges. Colleagues now started trusting me for all kinds of work. Ultimately, I topped my last semester and earned the accolade of Student of Excellence. While I secured a few placements, I opted to practice law in Delhi. I joined the office of my senior with a stipend of Rs. 10,000/- in the Supreme Court of India.  However, this was not enough to survive. I also realized that learning the trial court work for any first-generation lawyer is highly essential. Thus, I used to work in Trial Court from 9 am to 6:30 PM and earn Rs. 10,000/-, take personality development classes from 7:30 PM to 9 PM (Monday to Saturday) and earn Rs. 5,000/-, and then work for the Supreme Court drafting from 10 PM to 2 AM and earn Rs. 10,000/-. These circumstances fortuitously instilled in me resilience to confront challenges with unwavering resolve. I also initiated pro bono law classes for the underprivileged students for the preparation of Judicial Services Preparation from 2016. When people around reposed trust in me, they gave a few really challenging cases to fight. I tried my best and the same resulted in fortifying the trust of people in me.  I decided to write an AOR exam in 2023. My foundational academic expertise, cultivated through instructing judicial services aspirants, facilitated success in the AOR examination. In the legal profession, while supreme intelligence may be optional, mastery of patience remains an indispensable requisite.

    As someone who handles diverse cases, including civil and criminal, could you share an experience that was particularly challenging and how you navigated through it?

    Allow me to recount a pivotal case, which was like a litmus test for my tenacity and devotion to the legal profession. It was my first big case, which I got by god’s grace merely after seven months of my practice. I had a very small office in Pocket -2, Mayur Vihar Phase-I, Delhi. It was the evening of 12th of February 2016, which unfolded a narrative that would indelibly mark my legal journey. A group of around 8 to 10 people entered my office and told me that the Government of Delhi was cutting thousands of trees in the green belt area of Sector 15-16 Trilokpuri in order to build flats for the people whose land had been seized by the Delhi government for the Nizamuddin Metro project. Their plea was urgent, as the matter was slated for final arguments in the High Court on February 14. They implored me to initiate proceedings before the National Green Tribunal (NGT) on February 13 and concurrently file an Impleadment application in the High Court on February 14.

    Those people divulged to me that since they were unable to get other advocates to file the matters in such a short duration for a reasonable amount of fee, which led them to seek my assistance. They further asked me if I would be able to file the case in such a short duration before NGT and in the High Court. Undaunted, I seized this opportunity without a moment’s hesitation and said “Yes”. Despite lacking experience in filing Original Applications before the NGT and possessing no format for such applications, I committed myself to the challenge. They endowed me with three hundred pages of representation and other notices in Hindi. I enquired about the format of Original Application with other friends. My inquiries among legal peers yielded no guidance, as they were unacquainted with NGT proceedings.

    I knew that it was a daunting task to go through the entire file and draft the application in a 12-hour window. I read the file till 5 AM the next day. I thought it was impossible for me to complete the same. I thought of giving up. I was quite broken. Faced with exhaustion and contemplation of capitulation, I discerned a divine test of my dedication to the legal profession. Resilience prevailed, I again started working and completed the draft by 10 AM without any sleep. I filed the matter before NGT after serving the copy of the case to five different counsels on the other side. I mentioned the matter and after fearless arguments secured the stay from NGT on the same day. Next day again I could not sleep because I had to file an impleadment application before the Hon’ble High Court. I filed the application just in time and it was allowed by the Hon’ble High Court. The bench, after giving me a patient hearing, held that it is the duty of the Government to provide home to the aggrieved persons but not at the cost of cutting trees.

    This case not only introduced me to local communities but also attracted independent clients seeking my advocacy. I share this experience as a testament to the crucible moments faced by young advocates. In the face of adversity, it is imperative to rise, sprinting with unwavering determination, for it is the endurance forged in such crucibles that propels young advocates forward in this demanding profession.

    Your book, “Iudexcracy vs Democracy: Revisiting Fourth Judges Cases,” is noteworthy. What motivated you to write it, and what key message do you hope readers take away from it?

    My fervent inclination to contribute to this work predates the NJAC case escalation to the Apex Court.  As a law student, I harbored a profound interest in Constitutional law, initiating my engagement with the field early on. With guidance from seniors in Law school, I started writing articles and presenting papers from my first semester itself. In the beginning of sixth semester, my team participated in a Moot Court competition centered on Judicial Appointments and the National Judicial Appointments Commission (NJAC). Later in my final year, I thought of extending the research on Judicial Appointments and NJAC through my dissertation. When I graduated from law school and started practicing law in Delhi, I found that the 99th Constitutional Amendment Act, 2014 along with NJAC Act had been passed in Parliament and the same had been challenged in the Supreme Court. My co-author (who was interning in the Supreme Court at that time) and I diligently used to observe daily proceedings every day from 10.30 AM to 4 PM captivated by the profound legal minds presenting eloquent submissions. Amidst this intellectual panorama, we envisioned ourselves as solitary islands, fervently desiring to contribute our perspectives to this ongoing debate. Our initial intention evolved into a more concrete idea – encapsulating our insights in the form of a book. Then, we were astonished to see the voluminous judgment consisting of more than 1,000 pages. Undeterred, we scrutinized it meticulously, identifying flaws that spurred our decision to conduct a critical analysis. The book meticulously explored judicial appointment procedures in other nations, drawing comparisons with the Indian context. It articulated arguments both for and against the basic structure doctrine, delving into its genesis. Additionally, the book elucidated arguments supporting the constitutionality of the NJAC with few suggestions. The book lauded the dissenting opinion of HMJ Chelameswar and called him an unsung hero because he was the only judge who fearlessly maintained in his dissenting opinion that there is “nepotism” in the judiciary.

    Winning the Atam Samman and the Udbhav Cultural Award reflects your significant contributions to the legal field. How do you handle the balance between a successful legal practice and your role in academia?

     I am really humbled and honoured to receive these awards. It is my deep interest in academia which has given wings to my legal practice granting me a multifaceted perspective.  When any academician studies any law subject for teaching the student, he studies that from beginning to the end. Thus, whenever I find any case to represent in Court be it Civil or Criminal, where interpretation of any provision is required, I in the dual capacity of academician and practicing lawyer can see various angles which may sometimes be overlooked by few practicing lawyers. As far as I have researched, almost all legendary advocates and Judges have been great academicians. For instance, Shri Nani Palikwala, despite his busy practice, used to devote his time to teaching law to students and was a part-time Lecturer at Government Law College, Bombay. He endeared himself to students by his clear exposition of the subject—always with a dash of humour and eloquence (At that time he was lecturing on the Evidence Act.). 

    I would like to narrate one of my real stories which is connected to academics and legal practice. In the year 2017, when I was waiting for my item to reach before one Single bench in Delhi High Court, one of my colleagues at the Bar was making his submissions before the Court that he sent the representation to the Government. Then the Ld. Judge posed him a question that, “When a Communication of proposal and acceptance is complete and under what provision of law is it provided?”

    Then my colleague at the Bar started referring to some Judgements. The Court specifically pointed out that it does not want judgement but provision of law. When the counsel could not answer, Court posed the same question to the members of the bar present in Court to be answered. Upon receiving the opportunity I raised my hand and answered the question, as at that time I was teaching my students Indian Contract Act, 1872 only.  The court, acknowledging my response, expedited my case, demonstrating the tangible benefits of a robust academic foundation in legal practice. I believe that the marriage of academia and legal practice is indispensable for cultivating a flourishing and enduring legal career.

    Your involvement in guiding judicial services aspirants pro bono is commendable. How important do you believe it is for legal professionals to contribute to legal education and mentorship?

    If you have knowledge, let others light their candle in it.-

    Margaret Fuller

    There is really a dire need in the Society of the “good legal professionals”. I regularly interact with Law students across the country. I feel that they really want to study and aspire to be good advocates but lack proper guidance and mentorship, causing them to veer off course in their pursuit of legal excellence. Problem is many law students are neither given proper practical insights by their law college nor guided by any experienced law professional. One can become a good legal professional only when one gets proper guidance, right mentorship and proper exposure to the law field. Study confined to four walls of law school is not sufficient. One must dive into the ocean of cases to understand the real intricacies and interpretation involved in Law. It is the bounden duty of all experienced legal professionals to extend a guiding hand and to give back to Society whatsoever limited they have.  It is the duty of the Law professionals to instill the sense of honesty, integrity and confidence in the young minds for their future. This noble profession demands a commitment to service rather than a mere quest for financial gain, and imparting these values to aspiring lawyers is pivotal.  I request all law professionals through this platform to treat law students with respect even if they don’t know anything. They don’t know that is why they are students. Don’t neglect or demean them even if they do not have the basic understanding of law. They would be natured and nurtured through your profund guidance.

    You recently spoke at TEDx. Could you share the central theme of your talk and any key takeaways you want the audience to remember?

    My TEDx talk was not related to Law or the legal profession. It ventured beyond the legal sphere. The title of my talk was “Why we need to relearn the art of Crying”. It was related to the perception with which we should see the world. I have discussed why we need to let go of our ego, and why it is required to leave everything on nature when we have already acted and when our true faith and the situation has gone beyond karma. I discussed how this nature gives you everything without even demanding it. My talk emphasized the superpower of crying. It explains why respect and power of this world lies under softness (in Hindi “Komalta”) and not under hardness (in Hindi “Kathorta”), and thus why you need to be soft and gentle. I would to place the Urdu couplet from Habib Jalib which matches my TEDx talk and is apt for the people with ego considering themselves as God specifically in the field of law:

    “tum se pahle vo jo ik shaḳhs yahāñ taḳht-nashīñ thā 

    us ko bhī apne ḳhudā hone pe itnā hī yaqīñ thā”

    “ab vo phirte haiñ isī shahr meñ tanhā liye dil ko 

    ik zamāne meñ mizāj un kā sar-e-arsh-e-barīñ thā”

    Outside of your legal endeavors, what are your personal hobbies or interests that help you unwind and find balance in your busy schedule?

    Beyond the legal realm, I find solace in playing Chess. It is like a booster dose for me. I also love indulging in the rich tapestry of Indian Philosophy (Bharatiya Darshan) from Charvak Darshan to Mimansha Darshan etc. In my free time I also read old Hindi Literature. Nowadays, I have immersed myself in the world of Munshi Premchand as I am reading his novel namely Gaban. It soothes my mind as it takes me to the old lifestyle of the village and makes it dreamy and nostalgic at the same time.

    What advice would you give to aspiring legal professionals, considering your own experiences and the evolving landscape of the legal field?

    I will give the following advice:

    1. Find your right mentor:

    The first and one of the most difficult challenges for any young advocate who wants to dive into law practice is to find his/her right mentor who is not only a good lawyer but also a good human being. A mentor who gives his juniors the opportunity not only to seek adjournments and conduct research but also to argue some small matters in the beginning of his practice. A mentor who does not disrespect his juniors and can show his junior the right path and guide him in case of any need. Thus, the journey of finding the right mentor should start from the first year of law school itself.

    1. Read Judgements consistently:

    Cultivate a practice of reading judgments every day. There should not be even a single day when you have not read any judgement. Take small judgements in the beginning and not the long judgements like “Keshavanada Bharti (1973)” or “K. S. Puttaswamy (2017)”. Completing small judgements will boost your confidence. Keep reading it for 6 months without having any expectation. Reading judgements will improve your drafting skills, court language, legal vocabulary, interpretation of law, knowledge, and communication of law.

    1. Do anything and everything to improve your communication Skills:

    Recognize that effective communication is as vital as legal knowledge, with the ability to express ideas clearly a hallmark of a successful lawyer.

    1. Try to have positive social media presence specially if are first generation lawyer:

    Harness the power of social media specially if you are First generation lawyer, but with caution, ensuring accurate and verified information to avoid negative repercussions.

    1. Try to start your practice from Trial Court or at least learn the work of Trial Court specially if you are First Generation Lawyer:

    There are a very limited number of cases which come to the Supreme Court. Thus, the first-generation lawyers who start practicing in the Supreme Court find it difficult to survive after four to five years of practice as they get very few cases. I have witnessed many first-generation lawyers leaving practice and joining firms or companies with meagre salary because of high instability in their legal practice leading them to depression and anxiety. Thus, as far as my opinion and experience is concerned, for first-generation lawyers, gaining experience in Trial Court work is crucial for survival and growth in the legal profession.

    1. Embrace hard work, dedication, and patience: 

    These virtues are the cornerstone of success in the legal profession, fostering resilience and long-term prosperity.

    Get in touch with Pawan Reley-

  • I consider my inclination towards the use of technology along with my acquired skills in project and data management, data analysis, and risk assessment to be the most important factors that have largely contributed to my success- Ayan Chakraborty, Senior Legal Manager, Bharti AXA Life Insurance

    I consider my inclination towards the use of technology along with my acquired skills in project and data management, data analysis, and risk assessment to be the most important factors that have largely contributed to my success- Ayan Chakraborty, Senior Legal Manager, Bharti AXA Life Insurance

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

    What’s your typical workday like?

    Insurance law practice in particular and in-house corporate legal practice in the BFSI segment in general, demand you to be ‘always on your feet’. In an in-house legal role, the exposure that one gets at a very early stage of your career is enormous. Every day there’s a new case/challenge and a new kind of legal advice that you are required to come up with. Along with some ongoing work, there are also certain ad-hoc requirements which needs to be catered to. There’s no dearth of work on a typical workday.

    My role as a generalist resource, gets me involved in almost everything that is whatever’s happening in the legal space of involving the organization I am associated with and be on top of all assignments. The gamut of cases helps me broaden my horizon. Apart from strategizing and analysing the cases, I supervise the data management for the department. Maintaining a tracker of assignments, projects and daily actionable makes it easier. So there’s also some bit of data work every day along with the tracking and closure of the tasks.

    On typical workdays, I negotiate contracts, vet documents to be submitted in the court and supervise the work of my team.

    An interesting workday entails peer-to-peer connect, brain-storming with team and other departments on special cases or planning the Friday evening! 

    Cups of strong black coffee and ginger tea helps me keep going through the day.

    Throughout your career, you have achieved numerous accolades and recognitions. Could you highlight one or two achievements that you are particularly proud of and explain why?

    Starting from the ‘WOW’ Award at Exide Life Insurance Company Limited in January 2017 for single-handedly successfully managing PAN India Insurance Ombudsman complaints with significant financial impact, to the recent recognition by Bharti AXA Life Insurance Company Limited as an achiever for the ‘Xtra Mile’ demonstrated within six months of joining. 

    There’s this is one that I would like to highlight: the ‘Customer Centric Icon’ of Edelweiss Tokio Life Insurance Company Limited. It was the very first time in my career to receive an award on stage, with a thousand people glued to me. That was the first time I realized how glorious perseverance can be.  

    Also, I would like to share a special moment when Shri Bharatkumar S. Pandya (Hon’ble Insurance Ombudsman in Mumbai) shared a testimonial to appreciate one of my reportees for her impeccable performance. This empowered me as a mentor and helped me gain more confidence from my juniors to guide them in the right direction, just as I have always been guided.

    Throughout your career, you have demonstrated exceptional performance and received recognition for your work. What do you believe are the key qualities or skills that have contributed to your success?

    To start with, as my mentor says – “jo dikhta hai, wohi bikta hai”. And here’s how do I do it – Dashboards, discovery and plugging of gaps, going beyond the call of duty whenever required, and continuing exchanging dialogues with my seniors on any critical or regulatory assignments that I handle. 

    I consider my inclination towards the use of technology along with my acquired skills in project and data management, data analysis, and risk assessment to be the most important factors that have largely contributed to my success.  Persistent performance with constant self-monitoring, understanding of the product and the business, and staying abreast with the latest developments, changing products & regulations in my area of practice; have also helped.

    You have been involved in audit management as well. How to ensure that the legal function is audit-ready and compliant with all relevant regulations?

    Yes. Fortunately, I have had my share from both sides of the table, as far as audits are concerned. 

    Wearing the Auditor’s hat, to certify the Legal Department or any department, I’ll delve into: process notes and it’s adherence, Process improvements in sync with the latest trends and good practices, Data and Documentation. More than half the battle is usually won by the Auditee if these are well taken care of.  

    In insurance, where every step is closely monitored by the regulator – given the robust regulatory regime, it is indeed a task to ensure audit readiness. Given the expertise and knowledge on different aspects of businesses that it requires, I’ll not be surprised if, in the coming days, the in-house Legal departments start hiring resources dedicated exclusively to ensuring audit readiness and compliance with all applicable relevant regulations, and for end-to-end audit management for the department. 

    As an Auditee, I endeavor to keep the legal function, audit-ready, by maintaining a checklist of the requirements under relevant regulations. This is a ready reckoner for me. Besides, there is meticulous data management, frequent sample checks/mock audits, and proper documentation of all the identified deviations. It’s a continuous process with stringent monitoring.

    With your extensive experience as a generalist resource in legal departments, and the professional growth that you have had in a short span of around 7 years, could you share some insights into the challenges in your role and how to effectively handle them? 

    Understanding the requirement and articulating in a manner acceptable to business, while, in the process, also ensuring that the interest of your organization is not compromised, is a challenge I deal with daily. Umpteen situations warrant balancing business demands and market dynamics vis-a-vis the spirit of the law. So, I think being a business enabler is very important. 

    What are some of the common issues or challenges faced by the insurance industry, and how do you think can these be navigated?

    Out of all the challenges, the one that the insurance industry certainly cannot lose is the protection of the interests of its Policyholders. The nuisance of Instigation Agencies (operating under the façade of ‘Grievance Resolution Agency’ and against the interests of the Policyholders) is probably the most common hurdle that the industry is facing today. Vexatious Customer Grievance, Ombudsman Complaints, Litigation & Police Complaints are on a constant rise due to the menace of these Agencies. Need-based selling of insurance, enhanced due diligence at the time of on-boarding of customers, investment on spreading awareness and a very firm action-oriented approach can address this plague.

    Then there’s the on-going fundamental shift and transformative changes in the regulatory landscape that has driven all the attention to the insurance industry. Industry is in the sweet spot now and the biggest challenge is to leverage this to the benefit of all stakeholders – policyholders, distributors, employees and shareholders. A lot is happening in the Regulator’s endeavour of “Insurance for All by 2047” – State Insurance Project, tie-up limits increase for distributors, promotion of ‘ease of doing business’ besides simplification of the process of setting up an insurance company in India, ‘Use and File’ procedure for insurance products, proposed changes in the business mode and more. To manage the expected traffic and to stay in the game, insurance companies will be expected to level up many folds – in terms of enhancing and setting it’s processes right, adapting to technology in every walk of the customer journey right from on-boarding of a Policyholder to dispute resolution. To support this journey – Legal, Compliance & Risk functions will be required to provide best-in-class experiences to Operations & Sales.

     ‘… provide best-in-class experiences to Operations & Sales.’ How?

    Implementation and acceptance of technology. We are talking about ‘Insurance for All” and ‘ease of doing business’ here. 

    Based on your experience, what advice would you give to fresh graduates who are considering a career in law and young lawyers?

    Always remember, “To be a good lawyer is different from a successful lawyer” – Late His Lordship Hon’ble Justice Protik Prokash Banerjee to me on the last day of my internship under his able tutelage in July 2013.

    Never compromise on your integrity.

    Embrace the change and the technology, equip yourself with MS Excel & MS Powerpoint skills – there are no better tools to showcase and market yourself in the corporate sphere. With channelized effective efforts and persistent hard work, the ‘sky is the limit’.

    Above all, find yourself a mentor in the early stages of your career, whom you can look up to … a mentor who can guide you in having your career shaped in the right direction.

    Get in touch with Ayan Chakraborty-

  • My advice to anyone starting out in the legal profession is to keep an open mind and be willing to learn and adapt-

    My advice to anyone starting out in the legal profession is to keep an open mind and be willing to learn and adapt-

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

      

    Ma’am, to start this conversation, could you please tell us a little bit about your background and how you became interested in law?

    Well, to be honest, I didn’t always know that I wanted to be a lawyer. In fact, when I was younger, I had aspirations of becoming a doctor, just like my late father. However, when I was in my teens, Delhi was witnessing some  trials- such as the Priyadarshini Mattoo case, Jessica Lal case- which  were being widely reported. The the strategy developed by the lawyers in those cases, coupled with their past experience were the subject of media attention. I was fascinated by how small legal points, which the common man was not even aware of, could be used for or against them when they found themselves in the middle of a legal trial. I used to diligently read up all reports on such trials and gradually, my interest in the world of law grew, and I decided to pursue it as a career.

    You have worked on some high-profile cases in the past, such as the Ayodhya dispute and the Triple Talaq matter. Can you talk about what it was like to work on these cases and the impact they had on you personally?

    Those were definitely some challenging cases, but also very rewarding ones. Working on such high-profile cases was an incredible learning experience, and it taught me a lot about myself, my abilities, and the legal profession as a whole. Personally, it was a great feeling to be a part of these landmark cases that had such a significant impact on Indian society. These matters involved important constitutional questions and when one is assisting a counsel before the Hon’ble Constitution bench, you have to make sure to deliver your best work, and the judges are always so well prepared and one has to be ready for all kinds of questions. It therefore takes a lot of time to focus and prepare for these hearings. In fact, when I was working on the Ayodhya matter, I had not imagined that the regular hearing will start in the month of July 2019 (as the matter had been adjourned several times before) and I was actually scheduled to get engaged in that month. However, once the hearing dates were fixed by the Hon’ble Court, everything had to take a backseat and I decided to postpone my engagement. I think for any lawyer it is a lifetime opportunity to assist the stalwarts who have appeared in these matters, and while giving your best shot, you also get to learn so much just by being around them.

    You have experience in litigation, arbitration, and corporate law. Which of these areas do you enjoy working in the most and why?

    Well, I enjoy all of them for different reasons. Litigation is exciting because you get to argue your case in front of a judge and put your legal skills to the test. Arbitration allows for a more collaborative approach to dispute resolution, which I find fascinating. And corporate law is great because you get to work with companies and help them navigate the legal complexities of running a business. So, it really depends on the situation and the client. But if I had to choose, I would say litigation is what I enjoy the most. There’s something incredibly exhilarating about standing before a judge and arguing your case. Plus, every case is unique and presents its own set of challenges, which keeps things interesting.  

    What do you think are the most important skills for a successful lawyer to have?

    There are many skills that are important for a successful lawyer to have, but I would say that  the most important one is willingness to put in the hard work- one needs to read every paper, each word- several times, this is absolutely non-negotiable. Other important skills are attention to detail, good communication skills, and the ability to think on your feet are some of the most important. In addition, being able to empathize with your clients and understand their needs is crucial in building trust and creating a successful attorney-client relationship.

    Can you talk about a particularly challenging case you worked on and how you overcame the challenges you faced?

    One of the most challenging cases I worked on was the Ayodhya matter, wherein so many issues arose for the first time, such as whether idol is a perpetual minor?. When I am faced with complex legal issues, I try to read all literature which is remotely connected to it, be it from India or outside, it usually gives me the answer directly or at other times equips me to navigate the issue.

    In my day to day practice, I find the cases concerning medical negligence really challenging as they require a deep understanding of medical terminology and it requires a lot of research to build a strong case. But, I have been fortunate enough to have a team of experienced doctors who  have graciously helped me in understanding the medical aspects of such cases. Through their guidance, I have been able to build a strong arguments and perform in this niche area.

    How has the legal profession in India changed since you began practicing law, and what do you see as the biggest challenges facing the profession today?

    When I first started practicing law, I noticed that there was a lot of resistance to change, especially when it came to adapting to new technologies and working remotely. However, the pandemic has forced everyone to embrace remote work and virtual proceedings, and I believe this has opened up new opportunities for the legal profession to become more accessible and efficient.

    The biggest challenge facing the profession today is the lack of diversity and inclusion. We still have a long way to go in terms of increasing representation of marginalized communities and women in leadership roles, especially in the judiciary. When I started out, we used to only see 1-2 women judges in the Supreme Court, however things have definitely improved and I have been fortunate enough to witness so many women judges, including 4 of them at the same time in the Supreme Court. However, I am waiting for the day when this ratio is equal and of course, eagerly waiting for a female Chief Justice of India. I think all of us, as officers of the court need to actively work towards creating more inclusive and diverse environments, not only to improve representation but also to bring in fresh perspectives and ideas. 

    You have experience working as an independent legal practitioner as well as an associate at a law firm. What are the main differences between these two roles, and which do you prefer?

    The main difference between being an independent legal practitioner and working at a law firm is the level of autonomy you have. As an independent practitioner, you have the freedom to choose your own clients and cases, and you have complete control over your schedule and work style. On the other hand, working at a law firm can provide you with more resources, support,  sustained income and opportunities to work on high-profile cases.

    Personally, I enjoy the flexibility of being an independent practitioner, but I also appreciate the collaborative and supportive environment that law firms can provide. It really depends on your individual work style and goals.

    As a woman working in the legal profession, have you faced any difficulties or challenges that your male counterparts have not? If so, can you tell us about those challenges and how you overcame them?

    Yes, as a woman in the legal profession, I have faced some unique challenges, such as gender bias, microaggressions, and sometimes being underestimated by my clients and peers. It can be frustrating to feel like you have to work harder to prove yourself, but I’ve learned to channel that frustration into motivation and dedication to my work. In fact, I feel that these people really pushed me to become more thorough with my brief and ultimately contributed to my growth. Over the time, when these clients saw my work, they also reposed faith in my capabilities as a lawyer.

    Lastly, what advice would you give to someone who is considering a career in law, particularly someone who is just starting out?

    My advice to anyone starting out in the legal profession is to keep an open mind and be willing to learn and adapt. The legal profession is constantly evolving, and it’s important to stay up to date on new developments and technologies. Additionally, don’t be afraid to take on new challenges and try different areas of law to find what you’re passionate about. Further, put in as much work as you can, in this profession, it is very difficult to survive without putting in the work and once you find something that you have a passion for, hard-work will not feel nearly as dreadful. Lastly, always strive to maintain high standards of professionalism, ethics, and integrity in all your work. The legal profession is a noble one, and it’s important to uphold its values and principles.

    Get in touch with Akriti Chaubey-

  • In conversation with Mr Nishant Prasad, Chief Compliance and Legal Officer (CCO) at Wint Wealth, talking about in-house role as well as working at law firms, and choosing between the two

    In conversation with Mr Nishant Prasad, Chief Compliance and Legal Officer (CCO) at Wint Wealth, talking about in-house role as well as working at law firms, and choosing between the two

    This interview has been published by Sonali Parashar, Ojuswi Sahay the SuperLawyer Team

    Let’s start with a cliché, why did you decide upon law as your career? Happy accident or predetermined plan?

    The career choice for me was probably a mix of a predetermined plan and my own interests as I was growing up. In school, my interest always peaked in Social Science subjects. Reading about the freedom struggle in history, the state of our community and how it functions in Civics and Political Science, especially the entire phase of the drafting of the Indian Constitution was highly intriguing. 

    The constituent assembly debates were a pleasure to explore and the opportunity to have a glance into the lawmakers’ thought processes at the time, to construct laws that stand relevant even to this day and probably for many more in the future, was inspiring. Understanding the interpretations and the multiple perspectives which can be present for a single phrase of legislation was absolutely addictive, and I think the decision was made right there. Add to that the ever involving nature of law where it always keeps you on your toes is great I think. You can’t get lazy. 

    That, supplemented by a background of law in the family, was a heavily contributing factor in the career choice. My great grandfather was a well-respected lawyer even during the British era and my Nanaji was a judge as well as a lawyer. Their stories and experiences narrated to me by my parents are etched in my memory and they became my career role models. 

    But I think one ironic trait I have as a lawyer is that I always hated reading a lot, so that part of my personality probably did not make the career call. 

    You have been part of the esteemed Law Schools of India, NALSAR University for your bachelor’s degree, and NLSIU, where you are currently pursuing an MBL Degree, i.e., Masters in Business Law. How would you describe your Law School days?

    Law school was an enlightening experience. I knew that I wanted to pursue law as a career but it was only after going through law school that I got a firm reason as to why. Law school was a humbling and highly educational experience and I do not mean only in terms of learning the law. 

    I learnt life lessons during law school, through experiences which were both great and some not so great. Just by living life with my batch mates and other members of the NALSAR community, I was exposed to a range of different experiences, thoughts, issues and perspectives which I think was instrumental in shaping me to be the individual I am today. I not only learned how to be a good lawyer at NALSAR but also how to be an open-minded and strong individual. Law school taught me to be open to opinions and shape them after considering all perspectives rather than be stubborn and just maintain the stand on what you believe with no recourse. 

    Other than that, it was an absolute blast to stay in the hostel and conjure up some of the best memories of my life, be it the lifelong friendships I have built or the probably insane activities we participated in sometimes. The madness of law school academics was always nicely supplemented by old school fun. I have a rather distinct memory of our entire boy’s hostel preparing for an all-night barbeque party which was made possible by the base stands of water coolers, steel mesh purchased from the village near NALSAR and groceries ordered through our mess representatives. It was a night of good food, blasting music and plain and simple fun. Memories which cannot be replaced. 

    Law is an ever-evolving profession and it was with this in mind that I joined the MBL degree at NLSIU as part of their distance learning programme. I think it has helped me to touch base with core concepts of law again and also learn the present-day evolution of the understanding of those concepts. It has been an enlightening experience so far and I look forward to completing this journey as well next year. 

    Your professional journey started with working at Khaitan, where you worked on Private Equity, M&A and VC transactions. What was your overall law firm experience like?

    The law firm experience was incredible for me. I won’t be lying when I say that after I joined Khaitan, in my head I knew the objective was to make it as a Partner in the firm and serve out my service years there completely. The people were incredible. My true mentors in the profession have to be all my colleagues and seniors with whom I worked in Khaitan. The work was of the highest quality and professionalism was at its best. The Khaitan team is where I learnt what it means to be a ‘professional’ and the honesty and integrity that should come along with it. 

    Yes, there was a lot of work going into a fair number of days with long hours but when the people you’re working with are amazing, the long hours are also quite fun.  I have learned immensely with the members of Khaitan and am truly grateful to Khaitan for being the stepping stones to any success I have today, it would not be possible without them. The exposure to how the law works in the real world was shown to me by Khaitan and the opportunities provided to learn from the best within the firm and from outside through other firms or clients in multiple transactions was an amazing experience. 

    Even after moving on from Khaitan, I am a proud Khaitan alumnus and they actually do have a newsletter which is sent out to all their ex-members as well to keep you apprised of what is happening. Ex colleagues are still great friends and mentors and you may have heard the famous quote in Harry Potter which states ‘Help will always be given at Hogwarts to those who ask for it’, this statement stays true for Khaitan as well. 

    You made a switch to an in-house role by joining Scripbox, which is a fintech company based out in Bengaluru. What made you decide on switching to an in-house role?

    I think this decision was purely based on the sheer curiosity of what lay on the other side of the fence. While I was part of several large ticket PE and M&A transactions at Khaitan, I was always left curious as to the impact any transaction made on the day to day functioning of the clients. For example, we would have probably closed a 100 million USD funding round but the execution and money transfer were the final destination for me as a law firm lawyer. 

    The ins and outs of how a business works and how such transactions impact the business on a daily basis were where my curiosity always lay. 

    And in my view, satiations of curiosity at an early stage of your career is a must to ensure there are no regrets at a later stage in life where you are stuck with the age-old thought of ‘ Should I have done that?’. 

    What are some of the challenges you believe an in-house counsel faces and how should the upcoming professionals prepare themselves for these?

    The primary challenge which I faced moving in-house was the difficulty in blending legal advice with business goals. If I talk specifically about the fintech field, it is a heavily regulated space and as the name suggests it’s all about technology and providing access to financial products digitally. 

    But to advise on compliance for the business would necessarily involve understanding how the business works and that means not only from a theoretical angle but also the ground realities of how a product functions. You have to understand each step of the entire product as a legal and compliance professional so that when a regulation, circular or any guidelines of any sort come up, you are immediately aware of whether any part of the business is impacted by it. 

    This involved learning a little of everything within the organisation, product, tech, operations, customer service, data privacy, labour laws for the employee-related aspects and of course your basics of contracts continue. You also need a deep understanding of the business strategy and the plan ahead by the management so you can be a productive participant in the discussions. It’s an all-around role and just being a lawyer is not helpful. 

    Another major challenge in today’s industry is to change the perception of lawyers. You will always see that the compliance and legal teams are viewed as blockers in the business industry and they just have to deal with them because they have to and more often than not, they are disappointed by going to them. The requirement of creating a good relationship with all stakeholders within a company, educating them on why you provide a certain view and rather than being a blocker, working with them to create a workable solution for what they are wanting to achieve is exceptionally challenging. 

    The only way to prepare for this I think is to go in head first and attempt it. Having an open mind and not being stubborn about your own thinking is always good. Having an open mind, leading discussions and collectively coming to decisions with logic and as a team will be helpful. Teamwork and a sense of ownership towards meeting the goals of the organisation as a whole are key to success in an organisation. Making yourself useful by providing valuable inputs not only as a lawyer but as a customer of the business or the users of the business or as a product manager thinking of how something needs to be made, what issues need to be solved – that is gold in an organisation. 

    You are currently working for Wint Wealth which is an upcoming Startup in the fintech space, as the Chief Compliance and Legal Officer (CCO). We’d love to know more about the organisation and your role in it.

    Wint Wealth is an exciting platform democratising debt investments in India by offering an alternative investment platform towards fixed income high return assets in India and is a unique platform in the Indian finance ecosystem providing the average retail investor with a great short term alternative debt investment product with fixed and high returns.

    The team at Wint Wealth is young and driven, striving to provide the best experience to its customers. We like to think of ourselves first as educators, attempting to create maximum awareness among customers about the products we provide access to as well as the other financial products. As the CCO, my responsibility of course includes ensuring that the organisation as a whole remains compliant with the regulations and laws of the land. But as previously mentioned, the job involves understanding the needs of the organisation from within as well as those from the perspective of our customers. 

    We have always been a customer-first organisation and that involves doing what’s right, being compliant and doing what’s best for the customer. So I do manage and take care of what you would say are the standard lawyer duties of reviewing the various contracts and general compliances of the company. However, a major part of the job is to remain updated on all the moving pieces of the organisation and be involved at all times to enable constant overview, ensuring that any developments being made by the organisation are all within the purview of the law and are for the benefit of the customer. 

    A daily effort to remain updated about what’s happening in the legal and regulatory space is a major part of the job to ensure that any impact on the organisation is identified and actions which may need to be taken are done at the earliest. 

    Congratulations on winning the Lex Falcon Award in the Lex Talk World Global Conference held in Dubai in February 2022 in the category of Legal (Under 10 years) for impactfully contributing to the legal industry with great knowledge, reach and innovation with a futuristic spirit and approach. Please share your thoughts on receiving such a prestigious award with us.

    It is an absolute honour to be recognised by the Lex Talk team. The conference was an amazing experience and an opportunity to interact with colleagues from India and other countries as well and a great learning experience. 

    The feeling of receiving the award was absolutely overwhelming and provides encouragement to lawyers like me to continue what we are doing and strive for excellence in what we do. Accepting an award in front of colleagues from the legal fraternity, many of whom are close friends, is always something to cherish. 

    The fintech industry provides a massive opportunity for legal innovation and an opportunity to reach the masses and finance is for every individual and organisation. It is a tough and arduous role to play balancing the legal needs and customer needs necessitating innovation in the way one looks at law. Recognition for playing an active part in this proposition of innovation is very satisfying and validation of the good work that the fraternity is doing in this field. 

    Finally, what would you advise an upcoming professional who is confused between a law firm role and an in-house role?

    I think the answer to this question cannot be black and white, as with any legal issue. It is highly subjective depending on the individual and their personality. As we propagate in the financial world, the identification of goals is of utmost importance to plan well and take apt decisions. 

    In my view, one must utilise their internships throughout the law school phase to get an understanding of what they are enjoying. Supplement that by actual experience in the real world after being employed by either a firm or in-house – one can learn what they enjoy doing. It’s a cliché line, but you must do what you enjoy the most. Maybe your two options may not include what you enjoy most, but what you enjoy more is always something you know. I probably enjoy cricket the most, but we all know that’s probably not the best career choice in India, especially at present.

    Never hesitate to take a leap of faith and try something different. But a calculated risk must also be taken. In my opinion, taking these leaps of faith early on in one’s career is helpful as it will help you gain the clarity you need for your future path very quickly.  However, if you are enjoying what you do, then there is no necessity to try something different just for the sake of doing so. 

    Get in touch with Nishant Prasad –