Super Lawyer

Tag: Litigation

  • “Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court”- Aastha Chadha, Advocate.

    “Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court”- Aastha Chadha, Advocate.

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    My grandfather was an eminent criminal lawyer and as a kid, my favourite place in the house was his residence office. So, although my exposure to the legal field was since childhood it was not the profession I had planned to join. After 12th I was preparing for my CA entrance and one of the subjects in the entrance exam was law. That was the first time I studied law as a subject and I fell in love with it. This is when I decided to pursue a law degree and later I went on to do my Master of Laws. My journey as a lawyer has been extremely enriching and rewarding. This profession has taught me discipline and made me a better listener which is really helpful in understanding constraints and offering the best possible solution within the constraints. It has taught me to take risks and once the risk has been taken, to pull it through with sheer hard work. 

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

    The challenges I faced as a new lawyer while working as an associate for a firm were the same as everyone else; getting a meagre salary, working unearthly hours, not getting enough opportunities in court etc. However, in hindsight, it was a huge learning experience. Yet the real challenges started when I went independent. Starting your own practice is like moving out of the protective environment of your parental home for the first time and being left alone on the long road of life. You have to do everything starting from getting a new client, doing clerical work, and troubleshooting of all kinds totally by yourself and still present a confident, untiring demeanor to the outside world. Overall, a fight for survival.

    What is the most challenging case you have handled in litigation and what were your learnings out of it? 

    Matters both civil and criminal where the parties are related to each other are challenging to the extent that emotions override the brain and balancing the two is a continuous exercise. At times one party goes all out to wash the dirty linen in public while the other despite the litigation is more guarded in sharing the dirtier truth.

    Among various matters, what brings you the most challenging set of situations and how do you overcome them?

    Every individual case comes with its own set of challenges. But, if I have to generalize then I would say that there are different challenges associated with different fields of law. The risk of arrest/imprisonment in Criminal matters, and the overriding emotions in matrimonial matters are some of the challenges. Whatsoever the challenge may be, the only way to overcome any challenge is preparation. Preparation done in peacetime saves blood during wartime. So, the way is to take a bird’s eye view and then start work at the grass root level. Sit with your client, ask questions, and ask your client for both favourable and unfavourable evidence. Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court. 

    How do you ensure that your clients receive the best possible outcome? 

    The first and foremost thing is that I fully educate the client on the legal aspects so that we arrive at a common wavelength. A well-informed client is always better and I encourage him to challenge my point of view and ask the right questions. I always try to give the client a true and realistic picture. Once the client is aligned, we work out a strategy best suited for the case and execute the same. 

    Do you think the privacy protocols that were there long ago are not there now because these recordings of judges in the courtroom have been going viral lately?

    Important cases were making newspaper headlines even before digitalisation and virtual courts. I truly feel that privacy goes for a toss as soon as a matter goes to court. A person’s name gets undue adverse publicity as soon as one gets accused or a private matter reaches the court. The media trial begins much ahead of the judicial trial. An innocent person wrongly accused gets socially maligned all through the case even though he is ultimately acquitted of all charges. However, I also believe that the live streaming of court proceedings has made legal awareness accessible to lawyers, law students and even litigants and some short videos edited to sensationalise an otherwise educative court proceeding should not stop this wonderful endeavour of various courts.

    How useful do you think the idea of Metaverse would be in the legal industry?

    Like any other technology, it will change the way people think and behave. So, it will surely change the way the legal industry functions. It is a powerful tool which has the capability of changing the day-to-day working of the legal industry. The internet changed the world, the metaverse is much more immersive and collaborative, and it will surely open a floodgate of opportunities for legal professionals from contracts to copyright laws, cyber laws, and even estate planning. 

    What are your thoughts on the data protection bill, 2022 that arrived a few weeks ago?

    I feel that data privacy breach is one of the biggest concerns rather a threat that the world is currently facing and with our increased dependence on technology it is just the beginning. Therefore, I feel that the bill is definitely needed to curb the blatant misuse of the power the technology companies have over their users. Yet, I do have reservations about the exemptions given to the government and state agencies concerning the same. 

    You have been very vocal about Hindu Succession Act,1956 being patriarchal, why do you think so?

    Succession as a concept is extremely patriarchal. In India, Succession takes place according to the personal laws by which the person is governed. One such legislation that governs the majority of the population in India is the Hindu Succession Act,1956. While the Hindu Succession Act was enacted to make the law of succession more equal and while all of us celebrated when daughters finally got equal rights in the coparcenary property of a Hindu Undivided Family but there are still many changes that the law requires. There is a positive change in the way a woman gets her inheritance but no change in the way the woman gives her inheritance. With the evolution of society and women being earning members creating their own Estate, the inheritance law needs to evolve and not discriminate between the heirs of a man and a woman. Although equal rights of inheritance to daughters is surely a step towards equality, true equality in law and society can and will only be achieved when parents of women are also treated equally to the parents of a man. 

    What are the hurdles you have faced being a woman in the legal profession and what changes do you think have taken place in favour of women lawyers over the years? Also what message would you like to give to all the women who are struggling in their initial years as lawyers?

    The biggest hurdle that all women who want to become advocates face is the mental block that “Litigation is not for women”. I don’t know how many times I have heard this statement despite coming from a family of lawyers. Infrastructural shortfalls like lack of proper washrooms, etc., and not having enough women court staff are small but crucial hurdles that women face every day in Litigation. These problems become more prominent in courts outside Delhi. Also, a common mindset where there is a distinction between advocate and lady advocate or woman advocate. Although the term advocate is a gender-neutral term but somehow the term used for women is lady advocate and this is not just a spoken difference but the way your work is received. It takes a lot of victories to establish yourself.

    One pleasant change nowadays is that there are so many intelligent and hardworking women joining litigation and I am hopeful that the new generation of lawyers will have more women role models as seniors and designated senior advocates and hopefully advocate will become a gender-neutral term not just on paper but in reality.

    The only message I have for young lawyers in their initial years is do your job extremely well and close your ears to nay-sayers who say that you cannot make it in litigation for any reason one of which is if you are a woman.

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

    Running a legal practice is like running a business where we have to do our marketing, networking, and administrative work apart from the core legal domain.  Also, there are times when the client’s expectations are beyond the legal domain. Therefore, in every assignment, both parties have different expectations and managing the expectations and being on the same page is critical. The mandate needs to be clear, unambiguous, written and signed by both parties. If any assignment over and above the mandate needs to be performed the same should be treated as a separate assignment and should be agreed to by the lawyer only if it is within the legal domain. 

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

    Networking is essential for every lawyer irrespective of whether they are corporate lawyers or litigation lawyers.

    Lawyers not being allowed to advertise their work or solicit clients, referral is the only way to get work. Thus, reach out to as many people as possible so that your existence is known. Networking is a continuous process with no boundaries and is constantly evolving. I think in today’s time

    LinkedIn is a great platform where you can network with anyone across the globe. I have got clients through LinkedIn and also hired local counsels for outstation matters through this wonderful medium. 

    Other than LinkedIn, conventional tools include conferences,events, bar rooms, and social gatherings.

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

    Firstly, Always read the bare act before reading any opinion on a pieceof legislation.

    Secondly, never go to court unprepared. Even if you have to take an adjournment you should know the file inside out. 

    And lastly, always adhere to the profession’s decorum, you never know who all are observing you. The best of opportunities very often come unannounced. 

    Any additional message that you would like to give to all the women who are struggling in their initial years as lawyers?

    The only advice apart from the advice above that I have for women in litigation is just don’t listen to people who say litigation is not for women and prove them wrong one victory at a time.

    Get in touch with Aastha Chadha-

  • Road Less Travelled: Journey of Advocate Lalit Suryavansi in the IPR domain

    Road Less Travelled: Journey of Advocate Lalit Suryavansi in the IPR domain

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

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

    Great Question. Though I am used to this question and answering this question every other day. Actually, this science and law cocktail was not planned. In fact, Law was something I never imagined I would be pursuing. I did my graduation and post-graduation in technological streams and happily started working as an Engineer.

    Barring a few things, I was satiate with my carrier. As destiny had other plans for me, one fine day, I felt something is not right about my job and the kind of work I was doing back then. I started looking for other options and got to know about Intellectual Property Rights and prior art searching. The domain looked different and exciting, so I decided to switch my path and get into Intellectual Property. So, this is how I get into Legal domain, and in this journey, I qualified the Patent Agent examination. Later, I felt like having formal qualification in law, which led me to pursue LL.B.

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

    I’d rather start with initial anxieties. As I started my career as an RF engineer, and I was letting go my 3-4 years of job experience for something new called Intellectual Property, which, at that point in time, people thought to be some sort of real-estate business related endeavor, I had lot of disquiet in my mind, and I was in dilemma about the decision I was going to make. Plus, the baggage of what people would say if I failed. But my heart had already accepted it, so it pushed to me to make a bold decision and take that plunge, which I did, and I am elated to say that I made the right decision at that point.

    Of course, there were struggles, but I was very passionate about what I was doing and loved it so much that struggles never felt struggles, they felt like challenges, for which I was determined to go any lengths.

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

    Over the years, I have realized that inventors are mostly concerned about the outcome, i.e., the grant of a patent, not about the events that come along the way of patent grant. I have experienced that most inventors, if not all, are interested in getting their patent granted, and they are either ignorant about the very-very important milestones that starts with patent application filing and end with patent grant/refusal.

    Let me give you a little more perspective, I believe prior art searching to be the most important thing in the patent proceedings, but inventors hardly show any enthusiasm to get it done. And those who consider prior art searching, they fail to understand why a prior art search is done at all, how it can contribute in shaping his/her patent application. Similarly, patent application or claims drafting is merely considered to be the patent agent job. Of course, it is as you are paying him/her, but I’d like advise that please do not recklessly depend on your Patent Agent and be actively involved in the events/proceedings—-Afterall inventions are inventors’ child, not Agents’. My intention is to make the inventors more inquisitive and interactive so that they know what is actually being done by their patent attorney, how the attorney is giving shape to claims, application, arguments, etc.

    IPR and other corporate sectors are evolving like never before, would you like to throw some light on the same? And according to you Lalit, what exciting opportunities it can create for our young lawyers?

    With government initiatives such as “Make in India”, “Self-reliant India”, push for innovations, and programmes like “Start-up India”, protection of innovations is seen as a necessity to compete in the market. With this patenting activities has increased many folds, and patent filing in India is rising at an unprecedented rate.

    As per the Economic Survey 2021-22, the number of patents filed in India has gone up from 39,400 in 2010-11 to 58,502 in 2020-21 and the patents granted in India have gone up from 7,509 to 28,391 during the same time. With so many numbers of patent filings, Patent Prosecution is rising, so is the Patent Litigation. Therefore, one can easily infer the prospects for young professionals.

    Lalit, as per your experience in the legal field, how do you see the legal industry coming up with new concepts and creating exciting opportunities?

    With the constant push for digitization, arrival of faster telecommunication technologies like 4G/5G, invent of communication platforms such as Zoom, Teams, etc., alike every other domain, Legal industry is also witnessing rapid transformation. Everyone is now aware how virtual courts have started, how virtual hearings has transformed the way hearings were taken. If I specifically talk about the Indian Patent paradigm, Indian Patent Office (IPO) too has segued from offline system to online system. With conversion of physical hearings into into virtual-call-based hearings, paperless patent application filings, mandatory online filings for Patent Agents, and many other such initiatives, IPO has put in place a lot of new concepts/systems. So, newer opportunities are coming along, we just need the right approach and right temperament to grab said opportunities.

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

    For someone from a non-legal background, the toughest consideration would be the time window for success. To make a mark in this industry, one must possess the tenacity to climb every rung of the ladder that leads to the success. As they say, there is no shortcut to be successful—legal domain is no different or alien to this saying.

    Lalit, what is a typical day like for you?

    Well, a typical day is typically typical for me. I get up around 6 AM. Do my daily chores by 8 AM and leave for office by 8.30 AM. Commute to office, reach there by 9.30 AM, and get lost in the pool of matters waiting my arrival. Leave office at 6.30 PM, reach home around 8.30 PM where my son and my daughter (twins) remain armored to welcome me with the showers of anecdotes, complaints, happenings, and everything in between from their typical day.

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

    Never say no attitude’ and ‘to remain grounded’ at all the times are some of the attributes which I think play pivotal roles in anybody’s success.

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

    Keep your mind, eyes, and ears open for anyone and everyone—you never know who might give you the piece of information that can change your life forever. One more thing, everything progresses at its own pace, so never feel frustrated/agitated if something is not happening at your whims/desires—time and destiny will certainly make it happen for you if you are honest and keen about it.

    Get in touch with Lalit Suryavansi-

  • Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

    Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

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

    What was your motivation behind choosing law as a career?

    Whilst growing up, the law always fascinated me. For some reason, there is a lot of misconception surrounding law as a profession. I was discouraged at many points in time by a lot of people from taking up this profession as well. However, I was determined to study law. My parents have been my biggest supporters and were overjoyed with my decision. Initially, I was intimidated by it all but gradually I started enjoying the learning process.

    What are the challenges that are faced by budding litigators at the start of their careers?

    With lakhs of students graduating from law schools/ colleges across the country, every year, the competition for freshers is fierce, to say the least. Not only to get a job, even to get an internship with a reputed firm, it is tough process.

    It is important to gain exposure through internships and identify their ultimate area of interest within the law. In my second year of LLB, I was certain that I wanted to be a litigator and hence started my association with a reputed law firm in Mumbai, first as an intern and then as an articled clerk.

    Freshers and interns are at the bottom of the hierarchy and are taken most advantage of, especially in litigation. In order to gain exposure, many a times, they agree to work for a miniscule amount or at no cost at all. I was blessed and privileged enough to not have any overheads. However, it is tough for a lot of freshers and interns to work without any salary stipend.

    What are your thoughts on “Arbitration” as a mechanism for dispute resolution?

    At the outset, I’d like to say that there is a noticeable shift during the course of the last few years. Contracts/ Agreements have but naturally become more arbitration centric. It is very rare that you would come across a contract/ agreement nowadays which would not contain an arbitration clause. Not only is Arbitration effective but it is also a speedy mechanism for dispute resolution. Having said that, arbitration has also got flack for being a “luxury” litigation i.e. there is a substantial amount of expenditure involved to conduct the same.

    How do you make pleadings/ contracts understandable/ more accessible for your clients?

    I enjoy drafting! It has always been a complete joy and pleasure for me to draft pleadings and other documents. Not all our clients are fellow lawyers and not all of them have any legal knowledge. The key to make you pleadings/ contracts understandable/ accessible to your clients is to keep your drafts as simple and concise as far as possible.

    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?

    The legal profession is a demanding one. Urgent matters and tight deadlines are a common feature. Its only but natural that in such a demanding environment, individuals are exposed to high amounts of stress. In order to maintain balance, its important that one takes time off and undertake any activity(s) which helps them to relax. Mental health issues are often overlooked and not talked about.

    Do not let this go unchecked and seek appropriate help. Nothing is more important than your health. As cliched as it sounds but “health is truly wealth”.

    Lastly, what advice would you give to someone starting out in the field of litigation?

    My advice to freshers and interns who want to be litigators, would be to read up on the various statutes. Sadly, there is a noticeable lack of knowledge of basic provisions of the CPC, in a lot of juniors, which is your foundation. Being in the legal profession, you never stop learning. Its constantly evolving.

    Therefore, I think it is also very important to be abreast with the latest developments and judgments.

    Lastly, hard work is definite key to success in this profession. More the effort you put into it, the more results/ benefits you can reap out of it.

    – MAHAFRIN MEHTA

    Get in touch with Mahafrin Mehta-

  • In Conversation With- Shweta Sahu, Leader, International Dispute Resolution Practice at Nishith Desai Associates

    In Conversation With- Shweta Sahu, Leader, International Dispute Resolution Practice at Nishith Desai Associates

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

    Was pursuing law planned for you or it all happened in a flow? Kindly share with our readers.

    I always wanted to do something different. Back in 2010, law was yet to be popular choice. I made a conscious decision to pursue law while most of my batchmates were preparing for IIT-JEE or the AIPMT. I was completely ignorant of the career prospects neither did I have anyone to speak to. The decision was indeed laden with risks, but it was worth it.

    How has been your experience thus far dealing with critical arbitration matters, and how do you address this area to young minds in the legal profession?

    As rightly said, most of the arbitrations that we work on are fact-heavy and high stake. So, there is no scope for any mistake. Significant time goes into understanding the technicalities, strategizing and executing. Each step has to be handled with utmost precision. While the entire process is often strenuous, the challenges are extremely enriching and wholesome.

    There is sufficient scope for arbitration in India and the law is constantly evolving. I also witness a lot of interest for arbitration amongst the younger lawyers and even students. However, familiarity with the basic concepts is often lacking.

    What is your take on the scope of technology-related litigation in India?

    Technology-related litigations are expected to surge in India with the introduction of Metaverse, NFTs, cryptocurrency etc. and changes to technology laws (such as Intermediary Guidelines and Digital Media Ethics Code Rules, 2021).

    We are already experiencing a plethora of issues – ranging from regulatory concerns to privacy/data breach and money-laundering. Further, alleged cases of cyber-attacks, online frauds, impersonation, phishing, online defamation, hate speeches etc. have been on a high.

    Lately we have been hearing there are a lot of challenges for women in litigation, be it late working hours or other issues, how do you deal with them? And what would be the same?

    Challenges have always been there. Of late, the discussions surrounding these challenges have begun, which is a good start. Litigation is often perceived as a “men’s club” and it becomes difficult to pierce the stereotypes.

    In several cases women have been forced to or gaslit into completely giving up litigation or making changes to their careers. Reasons are manifold. In certain cases, the compensation is meagre; thus, women are convinced into giving up litigation and be told – “It’s not worth it”. Late working hours and the frequent need to travel are also common reasons. Till date, there are courts which do not have proper toilets for women.

    The unequal representation is even more prominent in courts in smaller towns and districts. In one of my outstation hearings, I had noticed the entire court complex just had two women on that day – the judge and myself.

    I have consistently made efforts to do everything that is expected of a lawyer – to avoid any possibility of being the less preferred one. Be it travelling or working late or appearing in Court. With the able support of my seniors, several barriers have been broken. But there’s a long way to go.

    What are the practices you implement to follow privacy in different legal matters or transactions and how the young generation should prioritize it further in their own careers?

    Given that I work in a technology-driven law firm, there are advance high security systems in place to take care of privacy concerns within the firm. Even the interns are required to enter into non-disclosure agreements to prevent any situation of privacy breach.

    As lawyers, it is our foremost duty to protect client documents and information from undue disclosure and understand the importance of client-attorney privilege. Young lawyers should be educated of the same. To start with, law schools should emphasise on these aspects as a part of the curriculum (Law of Evidence and/or Professional Ethics).

    Above all, the younger generation must careful of the content they share on LinkedIn or other social media platforms.

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

    I have had the privilege of receiving unconditional support from my parents throughout my journey. I have also enjoyed the rare privilege of consistent support and encouragement from my seniors at work. While each one of us has the potential to succeed, it is this kind of support which helps in moving ahead. Further, I strongly believe in being genuine and honest to myself and my work.

    I wouldn’t say it is a perfect world but these factors have helped me survive.

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

    Most of my lessons are from my own mistakes. I believe, we learn best from our own mistakes. They make us think and hunt for better solutions. That’s what experience is to me.

    I prioritise a healthy lifestyle. Thus, I plan each day in advance. This includes balancing my professional and personal lives and keeping them separate.

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

    There are certain basics for which there are no substitutes – work hard, think smart and be ethical.

    But there is no generic advice which would be applicable to all freshers out there. The legal profession is generally very demanding, so plan each day well.

    “Experience and live through your own journey and lessons. Do not compare yourself with others but compare yourself with your old self – if you’re a better person and a better lawyer than you were earlier.”

    -Shweta Sahu

    Get in touch with Shweta Sahu-

  • Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat With SuperLawyer Sharing Insights On Insolvency & Bankruptcy Laws and Building a Career in Law

    Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat With SuperLawyer Sharing Insights On Insolvency & Bankruptcy Laws and Building a Career in Law

    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?

    As a child, I was fascinated by the thought-process and lifestyle of my father’s Uncle, who was a leading lawyer. Neither my father, who’s a senior physician, professor, and an eminent author, nor my mother, who’s a children’s author and educationist, quite liked the idea that I should become a lawyer. In fact, while I was still in school, my father, in order to dissuade me, once took me to Patiala House district courts. However, despite the existing chaotic conditions, I found the experience exhilarating. The laws, their technicalities and interpretations, enthralled me. I found the nuances of court-craft electrifying.

    A fire grew in my belly that I must become a lawyer and serve the people to find  justice. My alma mater, National University of Juridical Sciences, Kolkata, and the many internships that I did in my student days, stoked the flame. My passion grew into an eternal romance. The magic lives on each day.      

    COULD YOU SHARE WITH US WHAT WERE THE INITIAL STRUGGLES IN YOUR CAREER AND HOW YOU MANAGED TO OVERCOME THEM?

    I began my journey with Trilegal, one of the best known corporate law firms in India. It was a hard 24 × 7 grind. I learnt a lot. Still, a year on, I decided to step out, leaving the comforts of a large well endowed law firm.

    With my family’s help, I took the plunge of setting up a chamber practice. Initially, the going was rough. I had to hunt for clients, execute the job without the help of a filing clerk, and with nobody to vet my draft. I worked hard to preserve the family’s deep moral fibre, meet the clients’ aspirations, and leave a mark by my out-of-the-box well thought out arguments on points of law. With both my parents being senior government functionaries, who never needed to ask anybody for the services they gave, I found it difficult to ask clients for the professional fees.

    The trials and tribulations of being a first generation lawyer are many. You learn many a lesson the hard way. Drafting, filing, curing defects, and ensuring that the matter gets listed, has its own set of hurdles. Over time, if you are diligent, observant and passionate, the pieces begin to fit. Like a defiant jigsaw puzzle, which you eventually tame.

    Learning the secrets of good filing, acquiring skills to not let flaws that lead to multiple objections during filing, and a well thought-out tidy draft ensures that half the job is done. Contrarily, a draft with multiple failings, ensures that the judge may lose  interest in the case on the very first day.

    WHAT ARE THE AREAS OF LAW THAT YOU PRACTICE?

    Be it any area of law, its fundamental doctrine is to mete justice. As a practitioner of law and an officer of the court, my duty is to ensure that my clients receive justice. I do not carry any prejudice, bias or preference for any particular branch of law.

    Law schools teach you laws that apply to each sphere of human life. However, most people tend to think that law students from their early years must elect a particular subject to practice. This is a myth, which must be decimated.

    My legal practice embraces all areas. I strive to learn more, know more, and tread in all realms of law.

    I also do not hesitate to appear before any Court of Law. Be it a district court, tribunal, high court, or the supreme court, wherever my client needs me, I must stand. However, until now, my most regular appearances are at the National Company Law Tribunal, where I took the first guard and began my innings.

     

    WHAT ARE THE MOST IMPORTANT CONSIDERATIONS TO KEEP IN MIND WHEN DEALING WITH INSOLVENCY AND BANKRUPTCY ISSUES? 

    The Insolvency and Bankruptcy Code, 2016, is still in its early formative years. It has a number of grey areas. The laws are in a state of flux and evolution. The code is experiencing constant changes. Staying updated about these changes is a basic.

    Further, the laws of the Insolvency and Bankruptcy Code are rapidly developing as an emergent and effective alternative to consumer court and civil courts. They allow for a speedy resolution.

     HOW DO YOU KEEP UP WITH THE QUICK CHANGES IN REGULATIONS AND LAWS IN YOUR FIELD?

    I am an avid reader. I thrive on regularly reading Bar and Bench, Lawsikho, Legallyindia and a number of major national dailies, which publish, discuss and debate news about the changes in regulations and various laws. The judgments and updates on IBCIndia and livelaw on my handphone keep me abreast of what’s happening in the legal field.

    LEGAL TECH POSES CONSTANT THREAT To PRIVACY STANDARDS, WHAT EFFORTS DO YOU MAKE TO REDUCE THIS THREAT?

    With the rapidly growing dependence on legal technology, privacy is increasingly becoming a casualty. Eliminating its threat is not easy. To cope with the risk, and to uphold confidentiality, we often keep only the hard copy of a sensitive document. This may seem old school, but it is safe. Safely kept external hard drives are another good option. 

    OF THE CASES YOU’VE WON, WHICH HAS BEEN THE MOST CHALLENGING AND EXCITING?

    Several cases come to my mind. My team and I have been a part of number of landmark judgements which we have won against all odds in favour of our clients.

    Of recent, we successfully defended a resolution plan before the National Company Law Appellate Tribunal. In this case, a small splinter group of homebuyers had turned against a resolution plan. Internal politics had blinded them and they had challenged it. Being a counsel for the resolution professional in such a landscape carries the risk of multi-fold criticism, particularly since the law is silent on multiple issues. The key lies in striking the right balance. We laid the foundation of our defense on solid technical grounds, which was found to be satisfactory by the Hon’ble tribunal. Our clients, accused of siphoning 650 crore rupees, were granted bail by the Delhi High Court.

    Our approach always pivots upon path-breaking, out-of-the-box thinking and robust arguments. As an officer of the court, our first and foremost duty is to serve the interest of justice, while we do our best to uphold our client’s interest. Protecting transparency and integrity is a critical component of this drill.

    Let me also allude to another recent landmark judgment, wherein we ensured that our client, charged of GST defraud, was released on bail without a pre-deposit.   

     

    DO YOU BELIEVE THAT FREELANCING CAN HELP IN CAREER GROWTH IN THE LEGAL PROFESSION?

    Unless tempered with three to four years of experience under a learned counsel, or a law firm, freelancing is neither easy, nor fulfilling or supportive of a career growth.

    Of recent, several young, inexperienced lawyers have taken to imparting advisory services, despite having frugal or no understanding of the law. They often fool the clients into believing their credentials. Such a practise is crassly unethical, and may tarnish the reputation of the legal profession beyond repair.

    If a young lawyer were to take wings under an experienced, knowledgeable counsel, and then soar into the sky, freelancing can be a boon. It can help you build into being a versatile counsel or advisor.

    HOW DO YOU MAINTAIN THE WORK-LIFE BALANCE?

    Life has three integral components — you, your work and your family. You have to strike a balance between them. Finding quality time for all three is the mantra to success. I love chanting and little walks by myself. They help me find mental peace.  I relish my work. It is my passion. It is the mornings which I devote to my family.  

     

    WHAT STRATEGIES DO YOU USE TO ENSURE THAT YOUR CLIENTS RECEIVE THE BEST POSSIBLE?

    We believe in offering personalised services to our clients. We place ourselves in their shoes, and think of the best possible solutions. Our motto is to try and ensure a cent percent client satisfaction by being honest and candid with them. At the same time, we never give up and look at novel approaches to find relief for them. 

    HOW DO YOU PREVAIL WHEN YOU ARE FACED WITH ROUGH TIMES?

    Just as the darkness of night is followed by the break of dawn, just as spring follows in the footsteps of winter, bad times, difficult times also do not last. They just herald good times! So it has been in my life.

    Be it good times or bad, it is best to keep your chin up and fight the odds. Keeping the team motivated in the dark hours is key to a beautiful morning. We function       like a family, where each member of the office gets respect, recognition and reward. We are one when faced with challenges.

     

    LASTLY, WHAT ADVICE WOULD YOU LIKE TO GIVE TO SOMEONE WHO’S CONSIDERING A CAREER IN LAW?

    The leading rule for the lawyer, as for the man of every calling, is diligence and devotion. Make this combination more potent by fuelling it with passion and an out-of-the-box thinking. Temper it with experience. This is the best recipe for any law student.

    Believe me, books can never suffice. With rote learning, you may ace in Law school, yet, you may fail altogether in the court of law. Practical legal experience has no substitute. Rock-hard internships with a knowledgeable experienced counsel, a good law firm, will serve you well.  

    A career in law requires you to live it, romance it, each moment of your being. You must not focus on application of the code of law, rather than just knowing its alphabets.

    Get in touch with Apoorv Agarwal-

  • Dr. Abhimanyu Chopra, Partner at AZB & Partners In Conversation With SuperLawyer On Careers in Technology law & Many Other Options In Same

    Dr. Abhimanyu Chopra, Partner at AZB & Partners In Conversation With SuperLawyer On Careers in Technology law & Many Other Options In Same

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

    What was your “slam-book career aim”? How well did it go?

    There wasn’t any slam book career aim as such, but if I have to consider the pivotal point at where I figured out what to do in life that would be in my second year of law school, where I had a couple of friends leave for national law schools after the first year and that made me think about the next steps in life. After that there was no looking back, I interned and mooted whenever and wherever I got a chance.

    All of the internships I did were with different types of organizations involved in diverse areas of law. The aim became to explore and experience everything in law to find my niche and I continue to follow and give the same advice to my juniors and peers as well. 

    For a law student, one must keep on getting evolved and updated with all areas of law to be a jack of all trades and to figure out what is one’s own perfect field to master. 

    As for how well it went, I leave that up to others to tell me. 

    You did LLM and now PHD from well-known universities, how do you carve out time for different responsibilities?

    Honestly, if you ask me about the higher degrees (both LL.M and my PhD) was solely because of my mother, who wanted me to have a “Doctor” in front of my name and nothing more. I don’t see myself reaching here without her nudge. 

    For the remainder of this question, “It takes a village to raise a child” for which I am extremely grateful to my seniors, mentors and colleagues, who stepped in and allowed me those absences from work and always had my back and encouraged me to do it and fulfil my mother’s dreams both professionally and personally. (It’s also one of the reasons that the Acknowledgement part in my thesis is over five pages long)

    On a side note, I encourage all students to keep studying alongside work and learning new areas of law in the early years since time is a commodity, which you have plenty of in your early formidable years and scarcely later in the profession. 

    You were an avid mooter in law school. Do you believe that mooting helps law students to face real-life scenarios?

    Absolutely, I believe that every law student should at least try one external moot during their stint in law school.  

    Mooting not only helps to figure out one’s likes or dislikes in the area of the specialization but also builds the fundamental traits required for an advocate. It helps you to think on your feet, research areas of law and recent issues which you remember forever and more often than not makes you more focused towards your final goal alongside making bonds of friendships with your batchmates and friends even stronger. 

    Nowadays, besides Mooting, there are a lot of different opportunities for law students such as Client Negotiations, ADR/ Mediation Negotiations, Model United Nations etc., which I believe all students should work on. I have been judging some of these new formats of competitions and it is pretty interesting and a good way of improving their oratory and communication skills given the international angle and exposure in such competitions. 

    As a first-generation lawyer, you have moved from a chamber practice to a tier-1 practice, how has your journey been so far? Would you say the opportunity a firm provides for a young lawyer is worth the trade-off in building a reputation?

    This is a complicated answer and this question has possibly taken me my entire career of 11+ years to think about and possibly answer correctly. 

    I think it was Matthew McConaughey who said, “I need each day, something to look up to, another is something to look forward to and another is someone to chase” which is what I would say has been my journey so far. It has been extremely fun filled with various learnings and lessons and has been extremely fulfilling. 

    I started with a wonderful senior and mentor, who trained me with the ways of the various High Court s and District Courts and provided me with the guidance, support to even take private matters and gave me opportunities to appear and address the Courts including my very first day at his chamber. I could give you stories upon stories as to why a good senior and mentor in the profession are key in one’s formidable years and that’s what makes or breaks you.

    Once he got elevated, I moved to another amazing lawyer and his firm, who gave me a lot of opportunities to spread my wings and allowed me to develop and learn the finer things in the legal profession and when I thought I was ready to move on the greener pastures I moved into the tier-1 setup with my current partner and team, who gave me ample opportunities in the most complex and high stake litigations and allowed me a free hand to do what I do best for which I shall be eternally grateful.

    While I believe, that my shift from chamber to tier-1 practice has not had any trade-offs as I have been graced with wonderful opportunities which have only accelerated my growth to become the best version of myself professionally. However, after being a partner in a tier-1 firm, I am of the view, that one shouldn’t directly start with a tier-1 firm at the beginning of their career especially if you have Disputes/Litigation as a career in mind since one needs basic leg work and understanding of the Courts which is not possible in the high-stress environment of the law firms and once you are aware of the basics then the shift to the hustle and bustle of the law firm is much more fruitful.

    In essence, you need to start from the peewee league and hone and develop your skill and game to reach the Yankee’s majors.

    What are your areas of expertise, and how did you come about them?

    My areas of expertise include civil, commercial and criminal disputes, domestic and international arbitrations (both institutional and ad hoc), Cyber, Insolvency and Bankruptcy Law, IPR, Telecom, Gaming and Competition Laws. 

    My mixed bag of expertise is essentially the exposure and opportunities that came my way and it continues to grow each day. 

    You are one of the few tech-savvy lawyers, how did your tech knowledge help during the Covid-19 pandemic?

    I have been arguing through Tablets and Laptops in the Courts and have been pretty much paperless for the past many years so when the virtual setup got expedited and replaced the traditional courts in the beginning, I didn’t face the learning curve which some of my peers did. I was in fact, amongst the first few listed cases when the Courts went completely virtual in various states and was able to argue my cases without too much trouble. Moreover, I had access to all of my files and data for the earlier matters and fresh filings etc. were done by scans so I managed the covid litigations from home fairly easily.  

    The Supreme Court, Delhi High Court and some of the other tribunals also started their e-filing portals so it was easier to have fresh matters filed, reviewed and argued completely digitally. We had tallied that during the pandemic we had filed and argued over 200 odd matters and it was all very seamless.

    Since we have the infrastructure now I hope that the e-filing and virtual system continue for times to come and doesn’t get disbanded. 

    You are a certified mediator with the Delhi High Court Mediation and Conciliation Centre “Samadhan”, tell us about your role and responsibilities.

    I was inducted as a mediator with Samadhan in the year 2017. Samadhan is the result of the joint initiative of the Bench and the Bar of the Delhi High Court who have committed themselves to Mediation as an appropriate method of Alternate Dispute Resolution. As a mediator, the organising committee assigns your cases and you do your best to assist the parties to reach their mutual settlement under the aegis of the Centre. Being the techno-savvy one, I have also assisted Samadhan to set up their website, which is live at https://dhcmediation.nic.in/

    What key tips do you suggest to the lawyers in the present scenarios?

    The legal fraternity has exploded with brilliant talent in recent years and as it continues to grow I have seen some stark improvements and differences. The newer generation of lawyers are confident and have a clear path to the areas of law that interests them.

    If I had to give my two cents for the newer lot and especially for the young budding lawyers who wish to explore litigation, is for them to have more patience, be more compassionate, embrace innovation and most of all stay passionate in this field. This field has a lot to offer but equally requires a lot from you.

    Remember that You can’t be an overnight success but with hard work and persistence, you will definitely prevail. 

    Besides the salient tips in the above questions, I leave my brethren with the thought of the famous comedian Jerry Seinfeld, “To me, a lawyer is basically the person that knows the rules of the country. We’re all throwing the dice, playing the game, moving our pieces around the board, but if there is a problem the lawyer is the only person who has read the inside of the top of the box.” 

    Get in touch with Abhimanyu Chopra-

  • Priya Udita, Associate Lawyer at Indus Law In a FireSide Chat With SuperLawyer On Key Elements Of Successful Corporate Legal Advisory

    Priya Udita, Associate Lawyer at Indus Law In a FireSide Chat With SuperLawyer On Key Elements Of Successful Corporate Legal Advisory

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    I was born and brought up in Patna. My parents made sure that I get exposure in all disciplines early on, be it science, commerce or arts. It was in Class 12th, when I got interested in business studies and decided to pursue it further. While I was going my graduation (B. Com Hons.) from Symbiosis College of Arts and Commerce, I got fascinated by the multi-faceted workings of a company and developed a keen interest in commercial and corporate law. I can say that B. Com helped me discover my inclination towards law and cemented my conviction to pursue the legal profession

    Being a first generation lawyer, the journey was not easy at first. I remember during my LLB., I used to send out mails for internship and follow up tirelessly so that I can get internship at good law firms and as it is said, perseverance and patience are key cornerstones for success. I was able to get internship opportunities at leading law firms like DSK Legal, Shardul Amarchand Mangaldas and Lakshikumaran & Sridharan.

    I used these experiences to develop key skills like communication, analysis, drafting, and research and paved my way to IndusLaw. So, all in all, it’s been a great journey so far.

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

    As I mentioned above, coming from a non- NLU college sometimes demotivated me when my application for internships used to get rejected. In my first year and second year of LLB., I faced this issue a lot. I realised getting good score/CGPA was not enough to secure opportunities. Then I got focussed and started working on my skills, writing articles and expanding my knowledge of the subject matter. This really helped me to score good internships.

    Further, I understand there is vast difference in the aspects of law that is taught in colleges and the work you do in law firms/courts or as an in-house. This results into a skill gap when you enter the workforce. This was another significant challenge for me. In my view, law colleges should curate a more industry focused curriculum and skills such as communication, drafting and networking –should be developed at the college stage only.

    What is the most challenging case you have handled in your journey so far and what were your learnings out of it?

    One needs to understand that law is a demanding profession, and whether you are working in a law firm or as an in-house counsel, or practicing law in court, each day comes with new challenges, and with each challenge, comes a new opportunity.

    I remember, I used to fear foreign exchange laws. I always felt that the laws were too complicated. However, I got a matter at my firm where I needed to understand the foreign exchange law and solve queries raised by the client. As challenging it was, it was really great experience to learn new things.

    See, in my view, it will be difficult to pinpoint one challenging case/matter. One needs to sometime fight the fear of unknown and accept it.

    But here is what I have learned from all the challenges –

    (a) read the laws – answers are always there;

    (b) ask where you have doubt – nobody is going to judge you;

    (c) understand the needs of the client first;

    (d) be prepared; and

    (e) always break down a problem to understand better.

    What do you believe are the key elements of successful corporate legal advisory?

    In my view, the law keeps evolving owing to business/market conditions and there is no straitjacket formula for being a successful corporate lawyer. But in general, based on my personal experience, some of the key skills in today’s scenario are:

    • Communication skill – both verbal and in writing, after reading number of cases and laws on a particular topic, the ability to concise the whole understanding in one paragraph;
      • Analytical mind – to be able to understand the problem/query of the client and break down into small pieces;
      • Having an open mind – one’s existing thought process/opinions should not cloud their opinion;
      • Observation skill – having an eye for detail and the ability to look beyond what is said;
      • Researching and networking skill;
      • Taking initiative and proactively participating;
      • Ability to put thoughts into action; and
      • Integrity – towards profession, organisation, colleagues.

    Priya, as per you, what are the best strategies and possible ways to negotiate with clients on some important issues?

    Strategies depend on the requirement or ask of the client and as such there is no best strategy to negotiate. But generally, a strategy should align with the business objectives and needs of your client and also to the best benefit of the stakeholders, both internal and external. One should strike a balance of needs to find a solution to a problem.

    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 understand that a good team of partners and colleague are crucial for a work-life balance. Further, one needs to understand its own strength and weakness. It is important to challenge yourself and work outside your comfort zone but at the same time, you should not stretch yourself too hard. Understand yourself and work on the skill. Health is equally important and therefore, it is really important to have a healthy lifestyle or a hobby.

    Some of the best practices: –

    • Have a hobby – paint, dance, play whatever you feel like. To this atleast thrice a week;
      • Read articles/ books/ listen to podcasts on themes other than legal topics ;
      • No phone near bed;
      • Have a cut off time;
      • Talk to senior if you feel the workload is too much;
      • Walk or do any physical exercise atleast thrice a week

    Lastly, you need to prioritize and take out time for these things for your mental wellbeing.

    Priya, how do you push through your worst times?

    Here are few things my parents taught me which I feel help me a lot:

    • nothing is constant in life, and whatever it is, it shall too pass;
      • we are very small in an infinite universe;
      • worst times are always there to toughen you up;
      • sometime you win and sometime you learn.

    Lastly, having family and friends helps you cope up during these times.

    Lastly, any advice you would give to someone considering a career in this field.

    Law is rewarding and at the same time demanding because of constant changes/updates. One needs to understand different practices of law before pursuing one. In my view, have different internships so that you get all types of exposure, be it litigation, consumer law, competition law, corporate, technology.

    Other than this –

    (a) publish articles,

    (b) work on developing your skill set,

    (c) start taking initiatives and responsibilities,

    (d) always read the laws and lastly,

    (e) don’t be afraid to make mistakes – always learn from them.

    Get in touch with Priya Udita-

  • Dr.Vidyottma Jha, Advocate at Supreme Court of India, In Conversation With SuperLawyer On Strategies For Successful Outcomes In Legal Profession

    Dr.Vidyottma Jha, Advocate at Supreme Court of India, In Conversation With SuperLawyer On Strategies For Successful Outcomes In Legal Profession

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

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

    I’ve wanted to be a lawyer for as long as I can remember, so much so that I don’t really remember ever wanting to be anything else! My earliest memories of wanting to be lawyer date back to when I was in primary school. What triggered the idea of becoming a lawyer in the first place was becoming the voice of people or the voiceless who for some reason are unable to speak for themselves or they are not heard. There are people who fear to approach the court and ask for justice.

    This deeply impacted my thought process and since then, I set a goal for myself and from then on my focus was on one thing – to become a lawyer so that I could serve the people; the needy and the unheard. Many of us have childhood dreams which end up being just that, dreams. Life takes us in different directions and those childhood dreams become distant memories. I was a very determined child. My decision or the journey so far has been of trial triumphs. All I can say is despite the odds the journey has been good and worth it.

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

    Ans: Despite the Constitutional guarantees and amendments in the laws women are still far away from the desired level of treatment from society. They still face bias. The legal profession is no different. Here also the women have to confront gender bias at several levels. According to senior advocate Pinky Anand, women in litigation have it harder as they have to face clients, lawyers and judges, most of whom are male, on a daily basis. In a way, they have to confront gender bias at several levels. We say we live in a modern society, but gender inequality is still evident in several professions, including law.

    According to data published by the American Bar Association’s Market Research Department in April 2016, women comprised only 36 percent of legal professionals in the country. Though the number of women is growing in private law firms as well as the judiciary, they don’t have equal access to senior positions.

    The working environment and office hours in most law firms are still more suitable to male lawyers compared to their female counterparts. Women entering the legal profession have to face a multitude of obstacles to pursue a successful career. Three issues still continue to be the biggest problems to a woman’s advancement in the legal profession. They include traditional sexual stereotypes, inflexible workplace structures and inadequate access to mentoring.  

    Besides, women also face problems such as inequality in pay and sexual harassment in the workplace. There is a wide gap which still needs to be addressed and women ought to be given better work environment as we know they can give a boost to the economy if they participate actively. It’s high time that they are not repressed, suppressed and oppressed.

    What strategies do you use to ensure successful outcomes for your clients?

    Well…advocates are mere representatives of their clients. It’s all about facts and circumstances when you reach the court room. The advocates certainly have to do a lot of research, studies and observations to ensure a positive outcome for the clients. At the same time even the clients have to be truthful with the facts and documents so that things turn out to be positive. In short, it requires a lot of hard work from the lawyers and cooperation from the clients.

    Vidyottma, how do you keep up with the changing laws and regulations in your field?

    This is an era of globalization. It has impacted almost every sector and legal profession is no exception to it. The impact is both qualitative and quantitative. In fact, the past revolution  has been a sort of mini-revolution in the legal service sector with the greatest impact on corporate legal arena, activities in the field of corporate taxation, corporate governance, environmental protection, competition law, intellectual properties etc. The number of law firms dealing with such work was very few so there has been discerning shift in the disposition of emerging legal sectors towards settling disputes through ADRS rather the adversarial litigation mode of dispute resolution. Globalization has thus expanded the internal and external demand for legal services.

    Among all the cases, i.e, Environmental law, Service matters, Family and matrimonial disputes, Cyber laws and IP, etc, Vidyottma which one do you find the most interesting and challenging? 

    All these areas are different. In fact law itself is vast, diverse like an ocean. It has various facets. Choosing one stream over another won’t be fair as all are very interesting and important. Still if I need to choose I will choose Environmental law and Cyber law as they have grabbed much attention in recent times due to the changing paradigms in the legal sector in the era of globalization.

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

    The Bar Council has codified the laws that relate to the ethics for the practicing lawyers. According to the Bar Council Rules the advocate has to accept any brief in the Courts or Tribunals at a fe consistent with his standing at the Bar as per the nature of the cases. An advocate can say ‘No’ in certain cases according to the Rule 11 of Bar Council of India. He has to give valid reasons for not accepting the briefs. It could be due to non-availability, not practicing in such area as the case relates to or if an advocate has to go out of station he can decline from accepting the brief. 

    According to you Vidyottma, as you are also involved as a speaker on various issues, like sexual harassment of women, hit and run cases, PoSH, etc, do you think it is implied in local committees where women are neglected in informal sectors?

    Yes, it is implied and women face myriad challenges in no matter which sector they work in be it informal sector or any. Women are not given the requisite treatment. They are denied their rights. Though the Constitution guarantees equal rights to all irrespective of gender. The onus is upon us, the society as a whole; to give them equal footing in every area. It should not be just said that they deserve to be treated equally rather it should be manifested.

    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? 

    The work-life balance  for an Attorney can’t be defined just once.  It is rather a process that evolves and grows with time. One has to discover self in order to chart a course of action which is flexible on the one hand and committed on the other. Besides, it should add to the overall well-being and mental health.

    Also, one’s mindset towards achieving a balance is very important. Mindset would include positive stress and growth which can pay positive dividends in the way you process the work. So, the work-life balance could be achieved by the lawyers only by way of non-negotiable commitment to yourself and developing an understanding of an idea that no two definitions of the term will look alike. An attorney has to delve deep, process and channelize their work in such manner that it does not affect their health especially mental health.

    Few advice for our young law professionals?

    Well… for the new generation lawyers I will suggest to go where the expectations and demand to perform are high. This will give them the opportunity to grow. They should refrain from joining the easy crowd that won’t help in the long run though it may seem easy in the beginning. Then you will always have two ways in front of you; the easy way and the right way.  

    Not only in law school but in life also you will come across these two every now and then; committing to choosing the latter over the former can help you not only grow as a professional but also as a person.

    The shortcuts may seem easier but it may haunt you later. Law graduates have number of opportunities they just have to take their time, delve on every option available and think about it analytically and then decide which career path suits them the most.

    I strongly believe that we know ourselves the best and whatever career option we choose is a reflection of our choices that we make. I suggest to think and decide for that one should talk to the seniors, the teachers and the mentors who can help in clearing the doubts and take the best decisions. 

    Get in touch with Dr.Vidyottma Jha-

  • Mohit Pandey, Staff Lawyer at Volterra Fietta, The Public International Law Firm, In a FireSide Chat with SuperLawyer On Investment Arbitration

    Mohit Pandey, Staff Lawyer at Volterra Fietta, The Public International Law Firm, In a FireSide Chat with SuperLawyer On Investment Arbitration

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

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

    Well, I am an accidental lawyer.  I wanted to be a cricketer and have represented the U.P. state U-19 team in Cooch-Behar Trophy.  An unfortunate injury lead to sudden break in that career.  When the time came for figuring out alternative career paths, law seemed like a compelling choice, especially on account of its glorification by Bollywood and media.  It was an instinctive decision rather than a calculative one and I would say it has turned out to be one of the best decisions of my life.  Being a lawyer is more than a simple 9 to 5 job as it gives a sense of purpose towards a greater good of the society.  One feels like a warrior of justice.

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

    I would say that to opt for a niche was quite challenging.  My initial interest lied in core criminal litigation until I came across arbitration.  Thankfully it happened sooner for me rather than at a later stage.  I realise that seniors generally advise us to practice across the spectrum and not look for a specialisation but in my understanding, law is so competitive that to succeed, a lawyer ought to be a specialist in their chosen field. 

    You have worked with a Senior Counsel, an international law firm, and independently, how has been your experience working in these setups and what are the differences?

    I have been lucky enough to have these wide experiences fairly early on in my career.  I will first talk about working with Mr Gourab Banerji, Senior Advocate.  Mr Banerji is an excellent mentor who takes keen interest in the careers of his juniors.  He takes the effort to teach and guide. 

    In a Senior Counsel’s chambers apart from assisting the Senior to prepare case briefs and research, you are also the bridge between him and the briefing counsels. You are his eyes and ears.  You are expected to be at the top of cases as well as the courts they are listed in. Being aware of the bench and its decisional inclination also becomes an important part of your work scope. 

    Working with Mr Banerji also resulted in lots of independent briefs.  Foreign law firms started engaging me to act as their co-Counsel in India related commercial arbitration’s and enforcement of foreign awards. 

    When you are working independently, you ought to be extra careful in every step you take as the only time your work will be scrutinised is before a tribunal or a judge with your client’s interest at stake.  In my experience, working independently has the highest learning curve and every young lawyer must do it in whatever capacity they can.

    Separate from the above two, working at a law firm is a different ball game altogether.  Herein you often work in a hierarchy with multiple chain of commands, be involved with the client at every stage of dispute, and also work substantially on business development.  My present office, Volterra Fietta, is the world’s only specialist public international law firm.  This has ensured some very exciting opportunities for me to work on like working with governments of prominent countries, advising cabinets and Prime Ministers, and also private investors.

    Could you tell us about some interesting cases that you have worked on?

    Although the nature of my work is highly-confidential and I cannot name drop many of the cases, I can speak about couple of them that are in public domain.  One is on behalf of the exiled Myanmar Government wherein we are tasked to collect evidence of human rights violation and other atrocities committed by the Myanmar Military and submit before the United Nations.   

    Another is an investment arbitration on behalf of an investor against a major European country.  The dispute arose out of gold mining concessions which were expropriated by the State in full display of unilateral authority.  This case is also challenging because the investors belong to a sanctioned state and every argument in their favour is met with a certain bias.   

    Mohit, how was your LL.M. experience at the MIDS?  Would you recommend this course to others?

    MIDS is truly the number one arbitration programme in the world.  It is a highly professional programme designed for individuals with a certain level of work experience in international dispute settlement.  The classes are taught by the finest in the field.  Not only the professors teaching the course are academically the best but they are also highly sought after by parties as counsels before the International Court of Justice and as arbitrators. 

    The MIDS also ensures ample exposure to students by regularly organising events and conferences with leading law firms.

    I would certainly recommend the MIDS to any student that is looking to make a career in international disputes.  Being in Geneva will give you an unparalleled exposure to international organisations and institutions.   However, my advice is that before venturing on a foreign LL.M., students should gain prior work experience.  This will ensure that you are fully prepared to respond to the challenges of a demanding degree.

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

    Finding out the optimum performance hour has done wonders for me.  I work the best between 11 pm to 4 am and always schedule my most important drafts, document reviews, and important life decisions in that period.  Second habit that keeps me going is eating good food.  Never miss out on a meal!

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

    You have to be relentless in your pursuit.  Take fewer leaves in the formative years of your career.   However, it is also important to ensure that you don’t burnout. 

    Find what works best for you, my escapes are playing with dogs and multiple power naps!

    Get in touch with Mohit Pandey-

  • Kanishk Khullar, Senior Associate at ASV Legal LLP, In a FireSide Chat With SuperLawyer On Important Tips For Drafting Documents

    Kanishk Khullar, Senior Associate at ASV Legal LLP, In a FireSide Chat With SuperLawyer On Important Tips For Drafting Documents

    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 was thinking about the career choices available to me, after completing my 10th Boards Exams, when our school arranged a career counseling session for all 11th standard students of Frank Anthony Public School, where during the counseling session I was suggested by the counselor two career options first was Journalism and Second was Law, the later clicked in my mind as an ideal profession to pursue, because as a layman I use to view lawyer as a rationale person safeguarding the rights Individuals, and corporates without considering the fact that what is the public opinion formed upon against particular Individual and entity. Thus, this viewpoint attracted me towards taking law as a profession.

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

    Being a first-generation lawyer and that too from the non-NLU background itself ads up challenges to a lawyer’s initial days struggles, thus, it gets difficult to get a break even as an intern in Tier 1 Firms. On the other hand, there were many unexplored fields of law of which I had no idea, therefore, I made sure to get as much exposure as I can to various disciplines of law by interning with various practicing lawyers so that I could decide at the time of my graduation, that exactly practicing which area of law would suit my interests.

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

    Among all the various fields I have been practicing in I have found practice in Debt Recovery matters to be fairly interesting and equally challenging as well, in Debt Recovery matter Banks have the recourse of taking remedy under both the SARFAESI Act and RDDB&FI Act, thus, it is interesting to represent a bank and assist the court to take over the possession of the attached property, further, suggesting the banks various steps available to them to recover outstanding amount in loans involving complex issues.  

    Subsequent to providing legal services to the bank I had shifted my focus towards protecting the rights of the borrowers and other affected parties as the said statutes are enacted for recovery of bad debts, at times recovery proceeding comes hard upon the rights of the affected parties, thus, while representing the Borrowers or other affected parties one has to pay attention to minute details of all compliance done by the bank as any non-compliance by the bank of various rules under either SARFAESI Act, RDDBFI Act, or Security Interest Rules can give a new life to the defense prepared for safeguarding the interest of the Borrowers and other affected parties.

    Kanishk, as you have mentioned Drafting as your core responsibility, What advice would you give to someone considering a career in legal drafting?

    Through all these years of drafting, I am able to make out that an ideal way to draft is to start with having all the correct facts in hand from the client as the client is the only master of facts, and make sure all dots gets connected and no gaps are left to surprise the counsel at the later stage, further, when all the facts are received, one should prepare points for arguments and defense chronologically so that the draft has flow like a storyline and no ambiguity get formed in the mind of the reader by a simple reading of the draft.

    How do you stay up to date on the latest legal developments?

    As a major part of my job is drafting one has to keep an update on the law so to keep an update on the latest developments in the legal field, therefore, I prefer to spend my money on buying subscriptions to legal news portals and online law journal instead of spending it on entertainment purposes. Other than that, I have to keep researching new judgments for the legal prepositions that occur during drafting matters, so keeping a check on legal developments is both habit and a necessity to me being a drafting counsel for time being.

    Any roadmaps that were followed by you, Kanishk and how do you consider the role of the same in this profession?

    The simple road map that I have followed is to build connections in person and on Linkedin, apart from it, whenever, I am at court I make sure that I build good connections with seniors and other colleagues lawyers greet them nicely whenever I come across them during the court proceedings as the same is a traditional and effective way of building connections in the legal field, further, I will suggest that always leave your jobs and internships on a good note with senior as you can get a client as well as job recommendations from your previous office and in this field the nature of the profession is such that anyone could be a useful link in dealing with a particular case at any point of time, thus, one should always try to thrive in developing healthy professional relations.

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

    At times you have to have a client-centric approach, which may result in damaging your professional outlook, to tackle such a situation one has to adopt an out-of-the-box approach to maintain the ethical balance in your professional life so that you will be able to provide relief to your client without tempering the legal framework.

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

    Litigation as a career demands a lot of patience and persistence which is kind of lack behinds in today’s world where everyone wants instant gratification and results, only those who really have a passion for this profession and understand that justice takes time and it takes time to excel in this profession can sustain in this environment.

    Kanishk, as per you, what are the best strategies and possible ways you use to negotiate with creditors, as in debts recovery cases?

    Creditors specifically banks and financial institutions only aim towards recovering the amount which they had disbursed and which turns out to be a bad debt, thus, they are least interested in selling the mortgaged property as it itself is a time taking and expensive exercise for the bank, thus, a borrower may negotiate with the banks for paying off its debt till the time the auction of the mortgage gets final as the bank has a lower hand when it comes to recover bad debt and thus, the borrowers can try and insist the banks to settle for the less amount, although, the best time to negotiate with the banks and financial institutions to pay off the debts is during the last quarter of a financial year i.e. January, February and March as during this time the banks have pressure to close the bad debts account so that least NPA’s gets reflected on their balance sheets which will help the banks to get more incentives from Reserve Bank of India ‘RBI’. In other words, the fewer bad debts that get reflected in a bank’s balance sheets the more incentives a bank receives from the RBI.

    What is one piece of advice you’d give to our readers, who are looking for a career in the same profession?

    As, I have mentioned before in the above conversation, this profession requires a lot of patience and persistence, further, there is no limit to the amount of hard work you put in,

    “The more effort you put into this profession in your initial days, the sweeter fruit will ripe for you later.”     

    -KANISHK KHULLAR

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