Super Lawyer

Tag: Litigation

  • UTSAV TRIVEDI, PARTNER AT TAS LAW, ON CHOOSING A CAREER IN LAW, SETTING UP HIS LAW FIRM AND OVER A DECADE OF EXPERIENCE IN THE LEGAL SECTOR

    UTSAV TRIVEDI, PARTNER AT TAS LAW, ON CHOOSING A CAREER IN LAW, SETTING UP HIS LAW FIRM AND OVER A DECADE OF EXPERIENCE IN THE LEGAL SECTOR

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team.

    With various achievements and accolades credited to your name, you have been involved in various landmark judgments ranging from the Balco’s Case to recent matters relating to the RBI moratorium case. Apart from what makes headlines, how would you like our readers to know you?

    Balco’s case happened when I was working at Parekh and Co. That case holds a special place in my career because it was for this matter that, for the first time, I spent an entire night in the office. I was only six months into the profession, and I was the youngest member of the team working on the matter. I vividly remember it was 9th January 2012, and we had a huge list of judgments/literature that we required for the hearing, which was to begin the next morning before a constitution bench of the Supreme Court. I volunteered to stay back and ensure all the material was in the court bags. It may have been a small task, but it was a very important one. I was glad to be a part of that.

    After starting my own firm, the RBI Moratorium case was the first big (headline-making) case. There were a battery of senior advocates appearing in the matter, and I was not even sure if I would be called upon to argue. Despite the same, I made sure I burned the midnight oil and was fully prepared. Luckily, my petition was the first connected matter, and the bench decided to call up lawyers as per the item numbers. Though there was an option to adopt the submissions made by senior advocates, I decided to put in my two cents, which I was able to because I was prepared.

    The two matters you mentioned, as well as all the others that I’ve had the privilege to be a part of, irrespective of them making the headlines or not, have one thing in common – hard work! It doesn’t matter what role one has. It’s very easy for me to say, ten years later, that I was the most important person on the team. But that doesn’t matter. What matters today is that I know I can make bags in the matter, argue it and do everything else in between. Honestly, one doesn’t need anything more!

    You enrolled yourself for a BA.LLB course at Christ University, Bangalore, in 2006 when the legal profession was still blooming. Looking back, do you think it was serendipity that led you to choose law? What other options would you have considered for your career, if not law?

    Well, I had taken up science in my plus two ISC. So you can say it was serendipity that led me to take up law!

    On a serious note, if not law, then I don’t know. I didn’t fill up forms for any of the engineering exams. So yes, serendipity or sheer lack of ideas – whichever sounds better!

    You bagged a PPO at Parekh & Co. and started working at the firm immediately after law school. How has that experience shaped you and contributed to your interest in the field of litigation?

    Not to take anything away from my colleagues at the bar who practise on the corporate side, but I guess corporate is more about ‘avoiding the problem’ than solving it. I saw this difference in my internships themselves.

    Also, I feel I was lucky to get to work on the matters that I did. I worked at Parekh & Co. for four years, and I don’t remember a single day that I did not want to go to the office. Whenever work got tough, my inclination and zeal towards it increased, and I spent more and more time working. I suppose that is the real charm of litigation – the ‘problem solving’!

    After spending four years at Parekh & Co., you moved on to Karanjawala & Co. as a Senior Associate, handling Civil, Commercial, Real Estate practice as well as litigation advisory. Could you tell our readers how this experience helps you cater to a larger and more diverse clientele in the future?

    After spending four years at Parekh, I was looking for new opportunities. This was when I came across a vacancy at Karanjawala & Co. in Ms. Ruby Singh Ahuja’s team. I had heard a lot of good things about her, like her dedication towards work, her work ethic and the way she conducted herself. That was the reason I decided to give up a well-placed position that I had reached in my first office.

    At Karanjawala, I did matters ranging from telecom to tax, real-estate to insolvency and many more. Apart from being involved in big-ticket matters, I was also given the opportunity to argue final hearing matters before the Supreme Court, NCLT, NCLAT etc.

    Ruby Ma’am always told all her team members, work on the matter like I am not there and come to me when you are stuck. This gave me confidence in abundance. We were taught not only how to deal with existing clients but also how to build new ones.

    At Karanjawala & Co., you had advised on dispute resolution relating to MNCs dealing in sectors such as coal, oil & gas, steel, etc. In pursuance of this, could you explain to our readers the importance of arbitration & conflict resolution keeping in view the problem-solving approach it fosters?

    Unfortunately, for a better part of my career till now, we were stuck in a regime under the Arbitration Act where arbitrations would go on for years and then the Court proceedings under S. 34, 37 and SLP’s before the Supreme Court would also take considerable time. What I felt at the time was that Arbitration only adds more leg to litigation, and considering the semi-formal nature of the proceedings, it gets delayed to another level.

    However, post-2018 amendments, a time frame has been added, and automatic stay on the admission of S. 34 petition has been done away with. What this does is makes the parties a little more serious. And the semi-formal nature of the proceedings has now become a boon. I’ve done some Arbitrations where the parties when they finally come before the Arbitrators, are not as adversarial as they would be in a courtroom. On the very first day, they realize and are willing to explore the idea of settlement – which goes through more often than not and leads to a faster resolution of conflict.

    You parted ways with Karanjawala & Co. to set up your law firm TAS Law (Advocates & Solicitors), despite your implausible expertise in Energy/Oil and Gas, Real Estate, Trade & Contracts, Insolvency, and Company Laws. What were some of the challenges that you faced while setting up your firm?

    Honestly, my partner (Abhinay) and I discussed setting up our own firm in 2018. But we also knew that we should take one year to complete our ongoing professional commitments and give our respective bosses enough notice period. So, when we finally started out in August 2019, we were fully prepared. From office space to email domain and visiting cards etc. – everything was completely planned and executed.

    Our estimate was that within 8-12 months, TAS Law would become financially self-sufficient, and we wouldn’t need to dip into our savings. However, what we, just like the entire world, did not factor in, was the pandemic. Covid hit us, 8 months into our existence.

    However, after a couple of months of complete lockdown, we were back on our feet. While the loss of life and other misery Covid brought upon us as a generation, it was also a social balancer. It was an opportunity for all the first-generation lawyers to overcome what I call the ‘generational bias’.

    Every first-generation lawyer I knew of and was willing to work hard during the pandemic, while the more privileged ones who took time off, has come out of this pandemic successfully and better placed. Hopefully, Covid is now behind us, and we get back to normalcy.

    Can you tell us something about TAS Law and your team? How do you manage to keep your team morale high as well as meet client expectations during high stake matters?

    In approximately two years of its existence, TAS LAW now has 8 lawyers (including the two partners) and has a presence before all major forums in Delhi/NCR. We also have some work in other states. Whatever little TAS Law has achieved is down to each and every individual who has worked here.

    It is impossible to keep everyone’s morale high at all times. This is something every employer needs to get to terms with. Even when you, as an employer, are doing everything right, there will be times when, for whatever xyz reasons, someone or the other will not be up for it. But that is fine. The idea is to give the person his/her space and let them recover. The more time and space you give, the faster the recovery would be. The trick is in knowing who is up for what and when. That’s how one can meet client expectations.

    Besides advising clients over various legal matters, TAS LAW introduced a ‘Pro-Bono Wing’, with an objective to provide requisite legal services to the socially and economically weaker sections. Can you share with our readers, how the said wing has created the desired impact?

    Since the very beginning of my career, I have continuously been involved in extending help, support and advice to the socially and economically weaker sections of our society in their legal struggles. Considering what the entire world is going through due to the pandemic and how the weaker section of the society is suffering the most, this was the ideal time to formalize our pro bono practice.

    After setting up the pro bono wing in December 2020 and with the support of our colleagues at the bar, who were not able to take up the work due to time constraints or other professional limitations, we have helped various people who have reached out to us. We have done a fair bit of pro-bono matters before the Supreme Court, Delhi High Court and some trial courts in Delhi/NCR.

    One of your interviews quoted you as “Legal Profession is a marathon and not a sprint”, according to you, how should one prepare themselves to venture into the legal profession?

    I will repeat exactly what I had said there – Don’t be disheartened by the present situation as there is no retirement age for a lawyer. Remember, this profession is a marathon and not a sprint, and therefore, consistent efforts with or without the pandemic will make you land at your destination sooner or later.

    Would you like to accord our readers with any further suggestions?

    You may not be the smartest person in the room but make sure you are the hardest working. In due course, you will end up being the smartest!

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  • ADITYA JAIN, CO-FOUNDER OF J&G ADVOCATES ON ESTABLISHING A PRACTICE IN THE FIELD OF DISPUTE RESOLUTION, MEDICAL & HEALTHCARE LAWS AND WHITE-COLLAR CRIMES

    ADITYA JAIN, CO-FOUNDER OF J&G ADVOCATES ON ESTABLISHING A PRACTICE IN THE FIELD OF DISPUTE RESOLUTION, MEDICAL & HEALTHCARE LAWS AND WHITE-COLLAR CRIMES

    This interview has been published by Isam Kabir and The Super Lawyer team.

    Please tell us about your journey towards choosing the legal field. What made you pursue a career in law, given that you were a science student?

    Law somehow always intrigued me as a child because of its dynamic and ever-changing nature. As a student, I was always fascinated by dozens of books that lawyers possessed and what they did with all of them. My uncle is a corporate lawyer, and I remember visiting his office once. I was somehow amazed at the setup, his command over the language, and his ability to organize and analyze facts.

    My interests as a school student were rooted in Geography, Physics, Mathematics and English. An explorer by nature, I wished to study everything in-depth, so I found formal schooling education very dull.

    Law allows you to explore every single day.

    You have pursued multiple internships during law school in different areas of practice. How have these internships shaped your career and choices? What do you believe is the relevance of internships for a law student?

    Yes, I am a lawyer today because of my internship experiences. I am fortunate to have gotten an opportunity to pursue 14 different internships ranging from NGOs, Companies, Law Firms, Litigation Lawyers at The Supreme Court, High Courts and Trial Courts and with a Policy Research Centre. 

    From this vast palate of internships, I decided that litigation and dispute resolution would be my first choice. 

    Coming to its relevance, I feel that litigation gives you real-world exposure to the subjects that you read in college. One must structure them in such a way so that maximum benefit can be derived out of them. Try to structure your internships around the laws that you read in the preceding semester. My advice would be to keep on experimenting with your internship preferences till you reach your final year.

    With your rich experience at both The Supreme Court and the Rajasthan High Court, what key differences have you noticed in the work culture at the courts in Delhi and Rajasthan?

    As different as Chalk and Cheese!

    I am glad that I got an opportunity to work in both these jurisdictions. For me, I started working at:

    Supreme Court on the Government’s side for two years, and simultaneously worked in Delhi High Court and other Tribunals.

    Learning: Drafting of Special Leave Petition, Registry and filing work at SC, Patience and Perseverance in dealing with Government Officials, Court preparedness and ability to think on your feet.

    Rajasthan High Court, Jaipur and Jodhpur (along with frequent visits to the SC) and Trial Courts and Tribunals.

    Learning: Command over the Hindi language for Trial Courts, Cross-Examination of Witnesses, Preparing evidence, Understanding the Relevance of Facts at Trial Stage. Appreciation of evidence by Appellate Courts. The difference in the practice of Civil Law, Criminal Law, Service Law and Commercial Law.

    Advisory for Startups in Healthcare and E-commerce Space.

    Learning: Relevance of understanding a business from a commercial perspective and understanding the needs of a company and its future goals. Most importantly, building a contract and a strategy in sync with the business processes.

    Being a founding partner in a law firm and becoming an Advocate-on-Record at the Supreme Court of India.

    Learning: Nothing comes easily, and initially, you have to be an all-rounder to establish your enterprise, the importance of team building and leading by example, of fruitful conversations and discussions. Advocate-on-Record is a huge responsibility as it involves diligence and allegiance to your parent court, i.e. The Supreme Court. You are responsible for the cases that are being filed in your name.

    In your opinion, is it better for a fresh graduate to begin their litigation career at the Supreme Court, or is it better to practice at the courts in one’s city, considering one would have a well-established network there?

    I took a reverse trajectory in the sense that I started from the Supreme Court, then worked at the High Courts and Trial Courts for a while to establish my practice. Today, I am an Advocate-on-Record at the Supreme Court of India. Litigation is a challenging ball game altogether.

    Today I would like to break a well-established myth that one should work for 5-7 years with a Senior. I say, don’t. Work for 2-3 years at max, identify your area of interest and then go independent. You are then required to catch up with your peers by running around and researching about Courts/Tribunals where there is a vacuum of good lawyers. Go and pursue your area of interest, and in 2-3 years, you will be able to create your space.

    Do not limit yourself to your city, instead use your existing connections to the maximum. Start with pro bono work, and slowly build your network.

    What inspired you to go independent and start your law firm, J&G Advocates, six years into practice? Please share some details about your firm’s areas of expertise?

    I have an exciting story to tell for this segment. Like other individuals, I also wanted to set up my firm. Initially, I worked for two years at the Supreme Court of India and realized that until & unless I don’t brush up my basics and trial skills, I won’t become a complete and competent lawyer. At the Supreme Court, I was fortunate enough to argue some good cases given to me by my seniors, and I learnt a lot.

    When we started the firm, my colleague Neha had only 30-40 cases. In 1.5 years, the number rose to 120+ (despite the lockdown) because of our consistency and persistence. We did suffer in the past year, but we just didn’t stop working. The sheer independence one gets with his/her firm is unparalleled, even more than Startups (who are majorly investor driven).

    Our firm specializes in Commercial Litigation, Dispute Resolution, White Collar Crimes, and Healthcare and Medical Laws.

    How has the Diploma in Entrepreneurship Administration and Business Laws from NUJS shaped you as a professional? 

    Primarily, it sparked my interest in the practice of commercial law and litigation. Secondly, the course structure and lectures are nuanced and help get your basics right.

    But, unfortunately, I think that is where they grab the bull by the horn.

    How did the pandemic change your approach towards work, and how did it affect your practice or career plans?

    To speak the truth, it affected our practice since the pandemic hit when the firm was only six months old. We started our practice on 1st October 2019, and COVID struck us right in March 2020. 

    As a ray of hope, I cleared my Advocate-on-Record Exam on 23rd March 2020. It opened another avenue for us as our work in the Supreme Court increased.

    We also started doing a lot of advisory and non-litigation work to balance our work and compensate for our litigation practice during the lockdown.

    You have expressed your compassion for health care laws in interviews as well as on public platforms. How did you develop an interest in such a niche and unexplored area of law, and how do you continue to cultivate your interest in this area?

    As a kid, I was always annoyed by Pharmaceuticals’ overpricing of drugs and medical equipment. The sufferer is the common man. 

    While in my initial years of practice, I got a chance to look after a patient’s medical negligence. We got a compensation of Rs 5 lakhs for him from the Courts, which piqued my interest in this area of law.

    Yet another side of Medical Law, which intrigued me, is Digital Health and its regulation, as I feel that it is the need of the future. But, at the same time, we need to have proper systems to regulate these laws.

    I recently launched a course on Medical and Healthcare Laws with Enhelion, which law students can pursue to get an idea of the sectoral regulations.

    How would you describe your career choices, starting from your internships to establishing your firm? Intuitive or well planned?

    I don’t want to sugarcoat things. We all make intuitive decisions, and so did I. It is outstanding to do that, but at the same time learn from them. Even intuitive choices can make you understand the nuances of life. For example, my intuitive decisions helped me plan my future, and at the same time, taught me to never look up to anyone and never look down on anyone!

    College life should be a mix of fun and work, so live it fully while you’re at it. By 4th year you should be able to figure out your career path.

    What advice would you give to lawyers who want to start their practice as well as law students who are in the process of figuring out their interests?

    Kids, if you’re in the fifth year and still haven’t figured out your interest, it’s terrific. In that case, find out what you’re good at and do it. Eventually, you will come to a situation where you would be able to identify your interest and your skill. Then, choose a career option, which has both these elements.

    If you want to start your practice, just follow a few things:

    1. Join a decent chamber, and learn the basics of drafting, filing, research and arguments. Do not shy away from dealing with the registry.
    2. Do not compare yourself with your friends who are working in law firms. They must be having a hefty pay package, and you must be getting pittance despite all the sweat and hard work. But ultimately, a litigator would be in a better position five years down the line to establish and run his/her law firm since he would not shy away from doing the tiniest of tasks. To avoid comparison, develop a spiritual sense of being.
    3. No work is negligible. It is about what suits you. If you want to know the society in and out, go to the trial court. Litigation is one of the most fulfilling professions, which gives you money and recognition after a few years. So be patient, and things will come your way.

    Where do you see yourself in the coming five years? What changes in current trends do you expect?

    In the coming five years, we see ourselves expanding wholly in the field of Healthcare and Medical Laws and establishing our presence in this niche area. We also see our firm robustly practised in the Supreme Court and all the Commercial Courts and Tribunals. We further look forward to building collaborations with various law firms to increase headcount and practice areas.

    Is being a second-generation lawyer liberating or restricting?

    My father is a criminal lawyer in Jaipur. From the very outset, he was very strict and never spoon-fed me to get matters or empanelled anywhere. It was evident that I wanted to establish my firm at a certain point. My mother was instrumental and encouraged me to do the same.

    It is majorly about your mindset, you may limit yourself to your father’s area of practice, or you may venture out to newer areas. It’s more about what you dream of and how far are you willing to go to fulfil that dream.

    What professional choices would have differed for you had you been a first-generation lawyer? Would you have preferred a corporate practice over litigation?

    Never. I initially chose to practice in Delhi even when I could have joined my father’s chambers in Rajasthan. The reason was simple and straightforward, and I wanted to see the best in business, how they conduct their cases, and what distinguishes them from the rest. 

    I briefly worked in my father’s chambers from 2015 till 2018 to learn the nuances of Criminal Law and Commercial Writs. He encouraged me to take up my matters and allowed me to argue his cases at times. I still remember him asking me to argue a matter just minutes before the matter was about to close. From this, I developed a habit of going through every file.

    Any parting advice for our readers? What are some critical skills that law students should look to develop to succeed in litigation?

    Read, write and speak! Start this from Day 1, and you will be noticed. A lawyer without the law is like a labourer without skills. 

    Develop the skills of persuasion and patience. I would urge all the young litigators to sit in courts and watch proceedings as much as they can. Observe the skills of client counselling and watch your senior while he counsels a client.

    Make the journey interesting by talking to fellow lawyers, taking their opinions on your cases or vice versa. A true test of a man is in the face of adversity, and litigation precisely does that. It tests you now and then.

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  • Aashhok Prohit on being a third-generation lawyer, winning a case against Queen’s Counsel and having faith in himself.

    Aashhok Prohit on being a third-generation lawyer, winning a case against Queen’s Counsel and having faith in himself.

    This interview has been published by Isam Kabir and The Super Lawyer team .

    1 How did you choose law? What were the key deciding factors for you?

    I am a third-generation lawyer; I have looked up to my grandfather and father for guidance and wisdom. My grandfather pursued LLM and was a Company Secretary (from the first batch of CS). My father was a Lawyer and Certified Internal Auditor. He was working as a Legal Consultant with many International Companies. He was actively involved in compliance and regulatory requirements of companies interested in setting up their offices overseas. 

    Looking at their vast experience and accompanying my father for his conferences, the law was a natural choice. My work ranged from making notes, helping him in drafting and referring to points discussed in the meeting. While observing their communication, I moulded my analytical thinking from a legal perspective, and I realized that then there is no surrogate for hard work and success.

    My father always asked and taught me to “Carve My Path”. Therefore my initiation into the field of law was an interesting journey in itself.

    Two individuals going through the same school and curriculum will come out equipped with different skill sets. Therefore the fundamental moulding gave me an objective view to analyze cases and set me apart from my other fellow students. This mindset prepared me to deal with anything that came my way. 

    2. Before venturing into law, you had been a science student and earned a degree in Chemistry. However, you also read law as well as pursued Masters in Finance. Can you tell us about the factors that influenced you to pursue these different pathways?

    After my 12th, I was offered to study in a UGC Sponsored program of Chemistry and Industrial Chemistry, a course customized to create entrepreneurs with a science background. This course enhanced my logical evaluation from a scientific and management perspective. 

    After my graduation, I visited an education fair for Universities based in the United Kingdom (UK), where I applied and was later offered a part-scholarship for doing a Masters in Banking and Finance from a prestigious University in the United Kingdom. 

    After completing my graduation and working in the field of Finance, I saw a vacuum in the compliance work being carried out in the legal department. My inner calling for law pulled me to apply for a conversion course into law, and I graduated in the field of law.

    3. Do you believe having foreign education is more glorified on merit than its due?

    I don’t believe that foreign education is glorified; it is the opportunities attached to it which makes it a more lucrative option for students. 

    The courses designed by the international universities require total commitment from the students. Therefore, it is often a requirement for students to stay on-campus during the term, especially when a student is pursuing a Masters degree program. In addition, there are many resources of databases made available to students to enhance their research. This practical based teaching methodology sets the foreign universities apart.

    In my humble view, there is a clear requirement for a more practical based teaching methodology in the Indian education system.

    4.For people who want to work in European and American countries, what would be your advice?

    Firstly the cultural difference in both countries is significant. People who intend to go and work there need to be prepared to adapt themselves to the work-life, work ethics and work culture of western countries. 

    It is often a culture shock for most Indian students and as there is a completely different work environment that makes them uncomfortable. 

    In my experience, the work demands immense commitment and requires a person to constantly update their skill sets to adhere to strict deadlines and deliver results. This is coupled with the pressure that the companies are hugely invested in the individual through their recruitment process.

    I suggest to all aspirants that they should be prepared to shun their comfortable living habits, something which they are used to in India with their family around them. 

    5. How did you decide upon practising litigation after being on the corporate side of work?

    While assisting my father in drafting and due diligence, I actively got involved in dispute resolutions. I realized the Bar was my calling and felt comfortable in making appearances before tribunals. I believed that I could argue as well or even better than some counsels I had witnessed.  

    The current legal system in India possesses provisions in the law that enable the litigants who are below the poverty line (BPL) free government legal aid. In addition, the advocates on the legal aid panels are experienced enough to assist the litigants through the trials. However, I feel that there is a lack of ProBono work, and the leading law firms should participate more proactively in Pro-Bono work. 

    6.You were also a Director at an NGO called Global Vision India Foundation, whose work taught the poor, providing food and education. How did this NGO become a part of your endeavours?

    Whilst pursuing my LLM in criminology, I interacted a lot with the then Head of Law Department of Mumbai University, Dr Ashok Yende Sir. He was a great mentor and a very committed person who wanted to contribute to society. He realized through my work that we shared similar ideologies. So I felt privileged when he asked me to be a part of his NGO and appointed me as the youngest director.

    7.You have fought a landmark case that allowed Asians, especially Indians, to apply for firms in London and the UK. Could you share any insightful details from this matter with our readers?

    To qualify as a solicitor, every law student had to get a training contract in a UK-based law firm. The application had to be submitted, and interviews were conducted two years before the training contract job. 

    Since I was not a British National or a European Economic Area (EEA) National, I was informed that it would be impossible for me to get a training contract. It was uncommon for law firms to recruit a non-EEA National.

    I shared my shock and surprise regarding the discriminatory policy of recruitment by all the law firms and especially the top leading law firm in the UK with my tutors. I explained how it was both essentially and morally wrong.

    Ironically, the country known as the ‘torch-bearer’ against racism was refusing jobs based on race. All the law firms I approached refused to take my case pro bono or professionally, as they felt the recruitment procedure being followed was as per the land law. 

    And no person had every filed such a case to challenge this discrimination policy of recruitment, as even after knowing that it existed they still could not prove it in court. Some experienced advocates from India who had gone to pursue their masters had also accepted this discriminating policy instead of fighting it. I only received negative feedback in regards to challenging the discrimination.

    Finally, I discussed the matter with my father and informed him that “I felt what I was proposing was correct, and therefore I was going to fight an uphill battle with all the leading law firms in the UK.” He was very pleased with my objective evaluation and I got all the moral support from my parents to take on all the law firms single-handedly. 

    I applied for a job in a law firm in the UK for a training contract, and as expected, my application was rejected due to the absence of a work permit. However, I still proceeded and filed the application form in the online application process.

    My application was immediately rejected within minutes of submitting it. Following this, I challenged the top ten 10 law firms in the UK court. 

    It was revealed that my application was graded because there was a court case against the law firm. Before that, all non-EEA National Applicants’ were segregated and automatically rejected. 

    I explained to the courts that it was the employer’s job to spend thousands of pounds in evaluating applicants to objectively prove to the UKBA ( The UK Border Agency) that a work permit should be granted.

    I successfully proved in court that the application and recruitment process must be based entirely on merit. However, that was only on paper. There was an underlying indirect racial discrimination process being followed by all the leading law firms who advised all the big companies to segregate all NON_EEA Applicants applications. 

    I single-handedly won the case as a student against the well known Queen’s Counsel (QC), who was instructed  by some of the leading solicitors and backed by law firms. I put forth my arguments against racial discrimination and how the law firms were misinterpreting the law. The Hon’ble Judge and the respected panellist at Bristol Employment Tribunal passed the judgment in my favour on account of my arguments.

    I successfully defended my victory in the Employment Appellate Tribunal (EAT), London as well. Afterwards, they could either go to the Court of Appeal (CA), London or House of Lords, the UK, which the Law Firms had no intention of pursuing.

    It was a major setback for them since a NON-EEA National Law Student single-handedly defeated them and put them back on the blackboard.

    This ruling has changed the entire recruitment process of UKBA and all the companies in all the fields in the UK.

    8. Why do you think this systemic racism and xenophobia existed, which gave preference to Caucasians and native residents over people of colour? 

    The UKBA believed that only the UK and EEA (European Economic Area) Nationals would be suitable candidates for the job and should be preferred irrespective of merit. 

    The application of a non-EEA National, irrespective of his merit, would only be considered after he has passed all these almost impenetrable hurdles. 

    Interestingly, they made Standard Operating Procedure (SOP) Guidelines for companies. Some law firm partners even authored books as a guideline to follow the recruitment process, which was unfortunately entirely based on their misinterpretation of discriminatory laws and policies.

    However, this position has changed post judgement of my case.

    9. In your portfolio, you have mentioned that ‘fortune favours the bold and prepared minds’, and it’s evident that you have taken many decisions in your career that required courage. What would be your advice to young professionals who are fearful of change?

    If you believe in something right and have done all your research, be prepared to take the right steps. Failure happens only when a person doesn’t try.

    No one will walk you to your destiny. Instead, you will have to cover the journey and create your destiny!

    I have never hesitated to explore and have always considered attending new courses with time. Don’t get carried away by looking at what others are doing. Work on your strengths. When I judge moot court competitions, I make it a point to test students outside their comfort zone, which brings the best out of them. I have built a reputation for testing students and keeping them on their toes, as I have always prepared myself before judging the competition as if I am participating in it. The students feel that they have fought and won the competition as if they have won an actual case in court. 

    It is important to identify your strengths and work on them. If you want to practice litigation, then don’t hesitate to work in the lower courts. I was walking the corridors of the High Court of Bombay, working on some media highlighted matters. However, when someone asked me how the matter eventually ended up in the High Court, I was unaware. So I decided to go and learn the basics of trial by observing trial courts, and it has been a learning experience. 

    Initially, I had a rule that I would never take up work for the money. I used to do it for bare minimum fees and at times free, but with the commitment similar to a well-paying client. These are the things that paid off as it was the experience and exposure I got to deal with matters, and the more favourable orders I got, the more my confidence increased. So the underlying principle is that a person should not hesitate to work.

    The best way to learn is to work in an uncomfortable environment. That teaches a person the most.

    10. How has the pandemic been for you? How have you dealt with it personally and professionally?

    It has been a testing time personally and professionally. However, the things that kept me going are adaptability and family support. 

    The lockdown let me search myself and gave me the time to read, brush up and update my legal knowledge. 

    There have been changes in how the hearings have been conducted in courts, and it has taught me that a person needs to be prepared to incorporate changes in their own life. 

    Most importantly, this lockdown has allowed me to spend more time with my family, especially my daughters. So it has been satisfying on a personal level. 

    11. What has been the biggest risk that has paid off for you or the biggest moment of learning for you in your entire career? 

    Fighting against the top law firms was the biggest risk in itself. If I failed, no law firm in the UK would employ me. 

    I remember that none of the law firms was prepared to take my case professionally or pro bono. However, I got the opportunity to prove them wrong and understand the true meaning of ‘Interpretation of law’. I had a nostalgic moment remembering what my respected late father advised me “Law is not taught in law schools or books of law, but it is a gift of the gap”. 

    12. Lastly, any parting advice to our readers who are exploring the legal field? 

    If you believe in something, work hard towards it and bring the change that you envision!

    Do not shy away from negativity and welcome constructive criticism. This is the only way of self-improvement and being the best version of yourself.

    I have noticed a trend among students being overwhelmed by those from higher-ranked law schools. I’ll suggest that if you have worked hard, have done your research, and then you should only be concerned about giving your best. 

    Never feel pressured and underestimate yourself. Always aim to give it your best. The outcome is not in your control, but the efforts are.

    Get in toutch with Aashhok Prohit

  • Iram Majid, Advocate, Supreme Court of India, on career in arbitration and mediation and future of ADR in India

    Iram Majid, Advocate, Supreme Court of India, on career in arbitration and mediation and future of ADR in India

    Iram Majid is a lawyer, arbitrator, and mediator. She has more than 15 years of experience  in handling wide range of criminal, matrimonial, civil, commercial, banking and finance matters cases in the court as Advocate and outside the court as Mediator. She is also on the panel lawyer for Delhi Jal Board and DSIDC in Delhi High Court. She is a also qualified mediator, enlisted on the panel of Delhi High Court Mediation Centre. She is also the Regional Director of BIMS Bangladesh International Mediation society in India.

    Iram graduated from Aligarh Muslim University. She then went on to pursue her LL.M from Kurukshetra University, Kurukshetra.

    In this interview we speak to her about:

    • Being a successful arbitrator and meditator
    • Skills required to become an arbitrator and a meditator
    • Importance of extra circular activities in law student’s life
    • Significance of moots and their preparation

     

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS? DO YOU COME FROM A FAMILY OF LAWYERS?

    Every time I am to introduce myself I am thinking how to articulate and craft my self in words. Over the years I have struggled to take challenges towards achieving my goals. My strengths are my attitude that like to take challenges that I CAN do it , my way of thinking that I take both success and failure in a balanced manner.

    I am a practicing lawyer, Arbitrator and Mediator. I am on the panel of Delhi Jal Board, DSIDC, Delhi high court Legal services and mediator in Delhi High Court. I am first generation lawyer. I pursued BA, LL.B degree and thereafter LLM. My father is a service middle class bread earner at Aligarh, It is said that “Behind every successful man there is a women” but I my case there are two men behind my success “ my father “and my “husband” My strengths have driven me to meet unexpected challenges. I believe in myself and my hard work and I want perfection in everything.

     

    WHAT MOTIVATED YOU TO PURSUE LAW?

    I never wanted to be a lawyer if it had not been my father who had identified my strengths. I wanted to pursue economics but my father has seen some qualities in me and asked me to pursue law. I was having the fear to lose my friend circle my childhood friends and my area of interest was economics and it was very difficult to get admission in economic but I got the same. Under the influence of my father I agreed to give the entrance for BA- LL.B. I opted for economics but my father insisted that I pursue law. The father daughter resistance began with me going on a hunger strike and my father did not ask me for food. It’s after 2 days I agreed to what my father asked for and took admission in law and their came the change. My clinched to help people for which law provided me the necessary background and degree to reach out to people who need help and make a positive impact on a daily basis using my analytical skills.

     

    HOW WAS YOUR EXPERIENCE AT LAW SCHOOL? DID YOU PURSUE ANY EXTRACURRICULAR ACTIVITIES SUCH AS MOOTS, DEBATES, SPORTS ETC.? HOW DID THIS CONTRIBUTE TO YOUR HOLISTIC DEVELOPMENT? DO YOU THINK SUCH ACTIVITIES SHOULD BE MADE COMPULSORY FOR STUDENTS?

    So the story   after getting the admission in law is that , from the very first week I found law classes interesting. It was 1998 when it seemed to me that I had just about everything one could wish for a comfortable house, a career to pursue and a good family. I think it was my lack of understanding of law that could not comprehend what my father saw. After that day of revelation, my father gave way to feelings of sympathy. I no longer saw law as a burden but as a struggle for my ambition. But it wasn’t long before another feeling began to weigh heavily on my mind—fear. I feared that my life might be wasted too, that I would feel empty if I failed to do something meaningful. That fear and sense of urgency drove me to search for a meaning in my own life, being a merit scholarship holder and a presidential awardee. I saw that a lot of students participated in moot courts, activities such as political debates and volunteering to change society. It was something that I had already interest in and a direction was all I needed, where everyone is expected to “fit in” and conform to social norms. My participation in debate competition, symposium, self-composed poetry and on the academic side it was ADR and personal laws which were admired by the students and the faculty. My passion started to take a turn towards a direction that I had longed to be a part of. After all, to me, it seemed to be doing something meaningful. Nonetheless, I spent the first two years of college studying merely to meet people’s strong expectations for me to be successful. During those two years, I managed to get good grades and took advantage of internship opportunities, but never found joy or excitement in my studies. Instead, I was often visited by the fear that I was walking the same path that my father wanted me to walk. It was only, when I came across classes titled ADR and Personal family laws, which cared for Contemporary Moral Problems and Global Justice, that I finally found direction in my search for meaning in my life. In those classes, we read and discussed fascinating topics, such as which ethical principles we might use to redistribute the wealth of the globe, or how we could stop potential genocides and ethnic cleansing. It was a surprising and strange experience to observe myself changing. When I found myself fervently arguing for one method of global distribution over the other, and voluntarily visiting a professor’s office pursuing further questions, I wondered: “Where has this passion been hiding? What have I been doing all these years?” Studying law has guided me to find my own answer to the question, “What is a meaningful life?” I have realised that I am thirsty for intellectually stimulating experiences, and that I truly enjoy exploring possibilities for making positive changes in people’s lives. I have also realised, more importantly, that there is lots of work to be done in the world—work that sometimes involves facing the dark side of reality, but that somebody has to step up and do. When I read articles in newspapers about horrific living conditions “women” going through legal battles, I read them from a different perspective now. Instead of simply expressing pity, I look at the situations critically and think about what it would take to solve those issues. The fact that I have a genuine understanding of the social conditions, which convinces me that I can contribute to solving these problems more than others. I want to be able to produce tangible influences through my work, witness how these influences cause progress in people’s lives, and find meaning in my life through experiences. Ideas alone cannot achieve this. But with the law, it is possible. I see the law as a powerful framework through which ideas can be manifested and applied in the real world to address different problems utilising the practical power of the law. It is physically tiring, repetitive work, but am happy.

     

    WHAT WERE YOUR AREAS OF INTEREST IN LAW SCHOOL? HOW DID YOU CULTIVATE AND PURSUE SUCH INTERESTS?

    So What Else were my areas of interest in a law school and how did I cultivate and pursue them. Being good student, I was good in all the subjects and secured distinction in all the subject but my field of interest were ADR and personal laws. When I was exposed to the society and learned from people that they are upset with the judicial system and have no faith in judiciary as there is saying “justice delayed justice denied “.

    Networking and informational gathering was so effective for me that I started to spend time attending the workshops and read publications.

    I saw myself as a creative and non-confrontational person, doing work I loved. This is because the legal community is finally acknowledging a fact that many lawyers have known for some time—that we do not all want to be like Perry Mason. Although there are many lawyers quite satisfied with their choice of profession and I was not at all a law school student yearning to appear in court, work for a big firm, handle large or complex cases, spend the majority of working hours in offices, or even earn top money. Instead, I shelved my course and carved it as an opportunity to explore and pursue ADR and personal family laws with alternative options, both in and outside of the law. I took to further examine quality-of-life and work-style issues. I wanted to create work for myself the one that even if I did not love but took me closer to my goal or at least the work that I felt good about.

    My love for the law got me into its theoretical and practical application often. I found contentment working in research and writing for legal book publishers, research services, or even for law firms.

    I acquired Legal training which became very beneficial in the development of useful, transferable skills that are much in demand. Both legal education and legal work provided excellent training in analytical thinking, communication, writing, and persuasiveness—skills that I am using in many endeavours.

    The previously mentioned my abilities in poetry, writing, editing, interviewing, organising information, researching, and giving attention to detail eventually moved into a full-time position as my writings started to get published for reading.

    I judged moot courts in India and Hong kong as well I enjoyed confrontation and posturing necessary when judging and learnt the science of ombudsman now also popularly known as Mediation.

    My values motivated me and I easily focused on fields that permitted the full use of my skills, integration of values important to me and satisfaction of my interests.

    I identified several trade associations and newsletters available at most public libraries. Joined associations that were in my area of interest in order to meet people working in the prospective field. Professional publications, including those produced by bar association sections, provided insights into new practice areas or new fields. Bar section meetings and conventions created excellent opportunities to meet people who work in one of your targeted fields and provided a reality check for me.

    These people were useful to me for inside information on the realities of working in that field as well as leads.

    My choices were not limited by preference, imagination, and ambition due to which I started to achieve positive results in Counselling.

     

    HOW IMPORTANT DO YOU THINK MOOTING IS IN SHAPING ONE’S FUTURE CAREER IN LAW?

    Looking back at law school, It’s the mind-set that has a role play Instead. It’s a trial run for your future career. I Embraced it and got involved. I developed a great arsenal of skills that helped me at entering the future career.

    The best piece of suggestion I can give any law student is to really get involved in law school by joining organisations like moot courts and journals, doing pro-bono work, or participating in a clinic (or all of the above), which become important skills that lawyers use every day.

    Moot courts get you involved, the more important is managing your time. Imagine the time management skills you can develop if you are carrying a full course load and conducting a brief for Moot Court, and writing a note for your journal. But image how good at time management you will be by the time you graduate from law school. Then, when you start your career, and one partner is asking for a memo, another is asking you to review thousands of documents, and a third is asking you to write sections of a brief all at the same time, you will already know how to manage your time and get your work done.

    The work through Moot Court, an externship, or a clinic is not like taking an extra class throughout the semester. You will not be sitting in class learning a legal theory on what lawyers do on a day-to-day basis. You will be developing first-hand legal skills like research and writing or getting up on your feet and arguing – real-life lawyer skills. And then, when you are given your first research assignment, at your first job out of law school, you will be really prepared to dive right into the assignment because you already have those skills down pat.

    And then do not forget about all the people you will come in contact with by getting involved – all the other law students on the journal, your clinic manager, your externship supervisor, etc. All of those people become part of your network. Networking is about building contacts across the legal industry – a very valuable skill that you can begin developing right now with moot courts. Say “yes” to moot assignments you might not want to do. Once you start working on moot courts and you say “yes,” and continue to say “yes,” you will open yourself up to bigger and better opportunities. And learning to say “yes” begins in law school.

    I know that all of this is something you have probably heard a million times since law school orientation, but take it from me – these skills are so valuable to have. I truly believe that a lot of my success in my career comes from the skills I learned while I was in law school. For example, in my externship, I learned great research and writing skills because part of my position involved constantly drafting motions. In Moot Court, I learned how to think on my feet, and in my pro-bono work, I learned how to address a judge. All of these skills have made me into the lawyer I am today and have helped shape my career.

     

    HOW DID YOU LAND YOUR FIRST JOB? WHAT WAS THE NATURE OF YOUR WORK THERE? CAN YOU RECALL THE FIRST TIME YOU ARGUED A SIGNIFICANT MATTER? CAN YOU RECALL ANY MEMORABLE EXPERIENCES AS A FRESH YOUNG LAWYER IN THE LITIGATION PRACTICE?

    I came from Aligarh after completing my law BA.LL.B. On the recommendation of one of my senior of law faculty, I joined the law Chambers Ms Zubeda Begum, Delhi High court. The start of my career was in the hands of a learned and dynamic counsel. I learnt a lot from her not only in legal knowledge but other social aspects as well. She was additional standing counsel for Delhi Government at that time, so being in her office I got a chance to handle variety of matters and exposed to new world. I worked very hard and started arguing matters in court. I still remember when I went in court for a Passover in very high-stake civil appeal matter before Justice Dalvir Bhandari and Justice DK Jain, I was scared to appear and asking for a Passover, the court could call upon me to argue in return. It happened so and I was called upon when I said ‘My lords …”I’m a junior and I am instructed to take passover only”, but court asked me to argue the matter then I thought opportunities may come anytime and I took that as an opportunity and then I read from the file and argued and got the appeal admitted. That was the day when I was very happy but I was unaware that there are many more to come.

    My most unforgettable moment was when had only three years in practice and with my hard work, I got an appointment as sole Arbitrator, that day was a happiest day in my career and my happiness had no bounds. I came to know that my hard work is getting recognition. That was not the last but the beginning thereafter I started getting assignment from the courts like appointment as local commissioner and Arbitrator. I still remember that when in courts judges started calling me by my name that used to be   a proud moment for me as I’m started creating place for myself and started recognition as Iram Majid.  Every job and in this case law chambers and employer/seniors is different but typically it means any experience that is relevant. job working experience is more important for examples because a full-time job is trackable and confirmable as well as usually relevant if the job is similar or in the same field. The word “professional” comes to mind.

    DO YOU THINK THAT METHODS OF ALTERNATE DISPUTE RESOLUTION SUCH AS ARBITRATION ARE THE FUTURE OF DISPUTE RESOLUTION IN INDIA?

    Alternative Dispute Resolution (ADR) is a substitute to the conventional method of resolving disputes including civil, commercial, industrial and family etc. ADR uses neutral third party who helps the parties to communicate, discuss the differences and resolve the dispute. The Advantages of Alternative Dispute Resolution are manifold as its less time consuming ,cost effective ,informal party centred and party autonomous Its promotes co-operation, social order and reduces hostility..

    As 3.3 crores cases are pending in Indian courts in that case alternative dispute resolution will be the future .Importance of ADR in India is to deal with the situation of pendency of cases in courts of India, ADR is expected to play a significant role in India with its scientifically developed techniques. ADR provides various modes of settlement including, arbitration, conciliation, mediation, negotiation and lok Adalat. ADR’s roots stem from the Constitution of India. Arbitration is one of the modes of ADR. The most significant development in future will be emerging divide between procedures for resolving low value and high value. Institutional Arbitration will deal with large sized dispute. The institution will do new form of automation especially version of online dispute resolution (ODR)

    It is evident that arbitration has evolved over the years as the ideal tool for resolution of disputes that saves the courts time and largely instrumental in assisting the parties to resort to quick remedial measures. Every arbitration is based on insightful application of law and its evolution is proof of its significance in the actual proceedings. Thus, arbitration has emerged as the most preferred platform for quick resolution of disputes especially in the industrial and corporate realm.

    So, arbitration is not the alternative dispute resolution but according to me this should be the “Appropriate Dispute Resolution” because its party autonomous and party centred.

     

    TELL US WHAT GOT YOU INTO TRAINING LAWYERS AND LAW STUDENTS ABOUT MEDIATION IN THE FIRST PLACE.

    Some of the most successful people in the world mediate. I did my mediation training from Pepperdine university USA , I did Negotiation and Conflict Management Skill Certification from ADR ODR Dubi and IIAM kochi and with Delhi High Court Mediation Centre. I am faculty trainer in Bangladesh International Mediation society. Success has its attributes to the practice of meditation and that is why I got into training lawyers and law students about mediation. Moreover, I am not taking mediation as my part time profession what mostly lawyers do but mediation is my passion and that passion is the driven force to push me into training and this is the only way we can spread mediation awareness among the community and moreover for getting more people into mediation we need these kind of training programmes as well as orientation programmes.

    Mediation practice that has a long history in India. Lord Krishna, Guru Nanak Dev ji, Kalidas, Kabir and Mahatma Gandhi the list goes on. Its now developed into a science with time. Mediation the students can use in order to excel in their lives ordinarily.

     

    WHAT IS THE SKILL SET REQUIRED TO BECOME AN ARBITRATOR AND A MEDIATOR?

    Arbitration is probably the best-known form of alternative dispute resolution, and is a formal, binding process where the dispute is resolved by the decision of a nominated third party, the arbitrator. Becoming a Chartered Arbitrator is a rigorous process, involving a number of stages. In the UK, the Chartered Institute of Arbitrators trains and accredits practitioners. Skills/knowledge needed Arbitrators need to have knowledge of the laws of contract, tort and evidence and understand and be able to use the applicable procedural law one must be able to evaluate the arguments and evidence which seemingly supports conflicting points of view .

    Where disputes revolve around issues of law, lawyers often make the best arbitrators. However, where the dispute revolves around issues of fact, the parties may prefer to have an arbitrator who is skilled in the particular sector involved.

    As far as mediation is concern, mediation as ‘an attempt to bring about a peaceful settlement or compromise between disputants through a neutral party . A mediator is a trained, neutral third party who uses their skills to bring two sides in a dispute to a resolution, without resorting to litigation. Mediation is a science and an art. Although many mediation skills may be taught, the development of a skilled mediator requires experience in dealing with people in all conditions and under all circumstances. Although there are many intangibles in the definition of a “good” mediator, certain character traits are invaluable like facilitator, Active listener ,neutral, impartial . Since mediation is still a relatively new field, there are no statutory qualifications required to mediate at present. However, in order to gain work as a mediator, it would be necessary to have some form of accreditation from a body . Mediators are sometimes qualified solicitors or barristers but also come from a variety of backgrounds other than law such as architecture, human resources, counselling, social work, banking and accountancy. Some mediation is undertaken as voluntary work.

    Parties involved in a dispute requiring expertise in a specific area (such as construction) may decide that it is preferable to have a mediator with expert knowledge of that area, rather than a mediator with a legal background.

    INTERNATIONAL ARBITRATION OFTEN INVOLVES A COMPLEX INTERPLAY OF PUBLIC AND PRIVATE INTERNATIONAL LAW. CAN YOU ELABORATE ON THIS ASPECT FOR OUR READERS?

    The importance is to have a positive approach to international commercial arbitration as a dispute resolution process. I find there is anxiety in the mind of the users of international arbitration where their investments are at stake. There is a need to ensure that commercial disputes would be resolved by specialists, in a neutral forum. The costs are to be kept low with efficiency in procedures and disposal. International commercial arbitration system promotes international trade and investment by reducing the risk that potential commercial disputes that are determined by opposite party’s home courts. It’s this complex interplay of the laws that International Arbitration can eliminate by using the arm of public and private international laws. In the national law when ever and where ever required; with the will of the parties and rules of non-national institutions and international treaties and guidelines control the process. International arbitration is a mixture of public comparative law and private international law.

    The landmarks which helped in development of the modern law and the practise of international commercial arbitration are:

    “The Geneva Protocol of 1923 (the 1923 Geneva Protocol)

    The Geneva Convention of 1927 (the 1927 Geneva Convention).

    The New York Convention of 1958 (the New York Convention).

    The UNCITRAL Arbitration Rules (the UNCITRAL Rules) adopted by resolution of the General Assembly of the United Nations in December 1976.

    The UNCITRAL Model Law (the Model Law) adopted by the United Nations Commission on International Trade Law in June 1985.

    Revisions to the Model Law (the Revised Model Law) adopted in December 2006.

    The major institutions are

    International chamber of Commerce (ICC) Paris,

    American Arbitration Association (AAA), New York,

    London Court of International Arbitration (LCIA) London

    Swiss Arbitration Association (ASA)

    Kuala Lumpur Regional centre for Arbitration (KLRCA)

    The steady growth of international trade across the globe will definitely require ad hoc or international arbitration to have proper training for the arbitrators and counsel who conduct it both in the public and the private domain. The counsel to the arbitration proceedings needs to be chosen who specialise in international arbitration and have sound knowledge of the subject matter of the dispute and a person who can cater to the needs of the party with some regional and local law knowledge.

    YOU ARE A MEMBER OF ALL MAJOR ARBITRATION INSTITUTIONS. WHAT IS YOUR PREFERRED FORUM?

    I am a member of CIArb UK, (YSIAC), ICC YAF, Dubai International Arbitration Centre, AIAC Kualalampur and so on I am doing arbitration in Delhi High Court Arbitration Centre as well .  My preferred forum for Arbitration is Institutional Arbitrations and it is so because of the growth of the economy, trade and commerce. With diverse economy, investment into the Indian market by the foreign investors is the reason for institutional arbitration.

    Prestigious institutional arbitration association like the London Court of International Arbitration, The Permanent Court of Arbitration and the International Chamber of Commerce have opened Centres in India. It’s a positive sign because these institutes are very well-known and prestigious and wouldn’t have opened Centres in India if they did not see a potential growth in Institutional arbitration. Apart this CIArb not only gives accreditation but also trained in arbitration it is world wide renowned body.

    For youngster the forums like ICC , SIAC, CIArb provides the platform to learn and help in career development . As per new bill only accreditation will be mandatory to become an Arbitrator. If you wish to choose Arbitration as a career than please try to get associated with any forum and try to get accreditation with esteemed organisation as in coming days it will be mandatory. So, this is the right time to wake up and act without any delay.

    DO SOMETHING TODAY THAT YOUR FUTURE SELF THANK YOU FOR

     

    HOW DO YOU REMAIN UPDATED WITH ALL THE NEW DEVELOPMENTS IN THE FIELD OF INTERNATIONAL ARBITRATION AND MEDIATION?

    åI have identified several trade associations and newsletters of different institutions and societies. Joined associations that are in my area of interest in order to meet people working in the prospective field. Professional publications, including those produced by bar association sections s that I can get insights into new practice areas or new fields. Bar section meetings and conventions and workshops also are a creation of source and an excellent opportunity to meet people who work in one of your targeted fields and provide a reality check for me.

    Additionally, by joining organisations like moot courts and journals, doing pro-bono work, and participating in a clinic authored by the respective Bar Associations and Legal Societies. I am also on the editorial board of one of the most widely circulated e magazine of ADR in India i.e IIAM e – magazine that I think also a great help to get oneself updated.

     

     

    WHAT ADVICE DO YOU HAVE FOR OUR READERS WHO ARE PRIMARILY COLLEGE STUDENTS?

    BE FAITHFUL TO THAT WHICH EXIST WITHIN YOURSELF. The best piece of suggestion I can give any law student is to really get involved in law school by joining organisations like moot courts and journals, doing pro-bono work, or participating in a clinic (or all of the above), which become important skills that lawyers use every day.

    Work through Moot Court and develop first-hand legal skills like research and writing or getting up on your feet and arguing – real-life lawyer skills. Be really prepared to dive right into the assignment. Become part of a network as it helps building contacts across the legal industry. Say “yes” to moot assignments and learning to say “yes” begins in law school.

    KNOWING YOURSELF IS THE BEGINNING OF ALL WISDOM

    Apart this I want to give a piece of advice for healthy ad self-esteemed life because   most often when we people discuss success they do so in terms of careers. I encourage you to also   pay attention to a different kinds of success as well _ success in life , when we are young we do not quite see the distinction in between career success and success in life but the difference is significant and to achieve ultimate happiness one have to understand , it’s not like we cannot achieve both but we have to consider them both and be the successful person in your own version. Perseverance is definitely the key to success. Every once in a while, you will fail, and most of the time, the circumstances will be beyond your control. The key to overcoming this; is this DO NOT let your failures keep you down. compose yourself, dust the dirt off, take a deep breath and get back up on life saddle and keep going. failures are part of life if you don’t fail, you don’t learn. If   you don’t learn, you will never change. The world doesn’t care how many times you fall down, as long as it’s one fewer than the number of times you get back. so,

    • Know yourself
    • Understand what makes you feel great
    • Recognise things that get you down
    • Set goals to achieve what you want
    • Don’t afraid to ask for help
    • Stand up for your belief & values
    • Help someone
    • Take responsibility of your action
    • Be confident.

    So , act like there is no tomorrow because if you taking your goal for granted or then probably you will be too late

     

  • Ashok K. Gupta, Senior Advocate, Supreme Court of India, on the AOR exam, life in litigation and being on panel of union government

    Ashok K. Gupta, Senior Advocate, Supreme Court of India, on the AOR exam, life in litigation and being on panel of union government

    Ashok K. Gupta  graduated in B.A. (Hons. – Political Science) from University of Delhi in the year 1976.  Then he completed LL.B. from Campus Law Centre, University of Delhi in 1979.

    He enrolled as an Advocate with Bar Council of Delhi in January, 1981.  After practicing in District Court, Delhi for two years, shifted to Supreme Court & joined the chamber of Mr. P.H. Parekh, Advocate Supreme Court of India. He passed the Advocate-on-Record Examination conducted by Supreme Court of India in November, 1986.  And started his Independent Practice in 1987.

    He practices primarily before the Supreme Court, various High Courts like Jabalpur and Indore Benches of MP High Court, High Court of Odisha at Cuttack and Punjab & Haryana High Court, and before various statutory fora like National Consumer Disputes Redressal Commission (NCDRC), National Green Tribunal (NGT) & Appellate Tribunal for Electricity (APTEL) .

    He was appointed Counsel by Delhi High Court (to conduct its cases on the administrative side) before the Supreme Court in the year 2000. The he was appointed Senior Panel Counsel for UOI in Delhi High Court, in January 2001. He was designated as a Senior Advocate in April, 2012. He was the appointed by the supreme court as chairman of three-member committee under the Right to Education Act to report on compliance with various stipulations contained in the Right to Education Act in April, 2014. And also, other pro-bono committees.

    He is also the member of Supreme Court Bar Association, Delhi High Court Bar Association, Odisha High Court Bar Association, Madhya Pradesh High Court Bar Association and International Law Association. Life member of All India Women’s Education Fund Association and in that capacity was elected as member of the Governing Body of Lady Irwin College, University of Delhi during the Academic Year 1996-1997 and 1997-1998. Life member and Treasurer of Confederation of Indian Bar.

    In this interview, we talk to him about:

    • Being a first generation lawyer: college life, internships and interest in litigation;
    • Establishing his independent practice;
    • Cracking the Supreme Court Advocate on Record examination;
    • His wide range of practice encompassing various courts, tribunals and;
    • As Panel of Union Of India for Delhi High Court.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I would like to be known as a quintessential Delhi-06 person, who loves his family, puts in honest, hard work, never ceases to learn and practice, and yet, enjoys all the good things of life: food of Old Delhi, and theatre at Mandi House in the evening, to name a few. This is my typical middle-class perception of myself.

     

    YOU ARE A FIRST GENERATION LAWYER. WHAT LED YOU CHOOSE LAW AFTER GRADUATION IN POLITICAL SCIENCE?

    Right, I am a first-generation lawyer. After my graduation in political science from Delhi University way back in the year 1976, I chose law not because it fascinated me; I chose law because I thought firstly, it would help me in my Civil Services examination, and shall be my second subject apart from political science. The other feeling was that, in case, I fail to make it to the Civil Services (as indeed, I did), I won’t be unemployable and could always do something as a professional lawyer. So, this was with a view to ensure that I don’t remain unemployed and/or unemployable.

     

    YOU STARTED YOUR CAREER WITH PRACTICE IN DISTRICT COURTS. HOW IMPORTANT IS IT FOR YOUNG LAWYERS TO KNOW BASIC DISTRICT COURT PRACTICE BEFORE MOVING TO THE HIGH COURT AND SUPREME COURT.

    It is correct that I started my career in district courts. Knowing that the nitty-gritty of practice in the Districts Courts is an absolute must for a young lawyer, I’m not suggesting that a lawyer should not aspire to become a High Court/ Supreme Court practitioner. All that I’m suggesting is that one should be fully familiar with the procedural parts of the legal practice, both on the criminal as well as the civil side. At the genesis of one’s career, it is your known circle of acquaintances who approach you, say, for a recovery suit, section 138 complaint, some accident or insurance case, matrimonial disputes and such matters which primarily emanate at the district court level. The ideal situation would be, of course, where one joins a chamber, which handles district court work, besides work in the constitutional courts.

     

    YOU JOINED THE CHAMBER OF SENIOR ADVOCATE PH PAREKH. PLEASE SHARE YOUR EXPERIENCE WORKING WITH HIM.

    Way back in the early eighties, the experience of working in my senior’s chamber was very fascinating and exhilarating. We were about a dozen junior colleagues at that time and it was not unusual for one junior to be doing two-three cases each day. The day would normally begin with a conference with a Senior Counsel like Mr. Fali Nariman, Mr. Sorabjee, Mr. Mridul or Mr. Tarkunde at around 8:30 A.M in the morning, court thereafter, after which we would be immediately heading towards office for drafting work and, again, the cause list would come around 6:30 P.M, whereupon our senior would allocate matters; the office of Senior Counsel would be informed and conferences fixed for next day morning. Then you head towards home around 9 PM and read the brief for the next day morning conference. But we had great fun; lot of outings and birthday celebrations, with legal conferences and seminars thrown-in between.

     

    HOW DID YOU DECIDE TO COMMENCE YOUR INDEPENDENT PRACTICE WITHIN A SHORT SPAN OF SIX YEARS AFTER GRADUATION?

    I decided to commence my independent practice once I realised that one cannot be somebody’s junior eternally. By the time I commenced practice, I had already passed my AOR examination and knew that one has to setup his own practice one day.

     

    WHAT WOULD BE YOUR ADVICE TO LAWYERS APPEARING FOR AOR EXAM NOW?

    I can really advise that a lawyer should thoroughly prepare with case law, latest judgements and equip himself with precise and concise drafting skills. One should know that on the account of the very heavy work load, the Supreme Court judges very much like and appreciate if the pleadings are to the point, not verbose and the point arising in the case is neatly stated. I keep emphasising and reinforcing to my juniors and briefing counsels: “don’t miss the forest for the trees”.

     

    WHAT ARE THE CHALLENGES IN STARTING INDEPENDENT PRACTICE?

    Challenges in starting independent practice are no different from starting any new venture in any new sphere of activity. But, then, if you put in sufficient quality work, you are bound to be noticed. You have to build up reputation for being an upright and a committed professional. Of course, all this would take time. Nothing good was ever achieved in a short time.

     

    YOU ALSO TAKE UP AND ARGUE ARBITRATION CASES. HOW IS PRACTICE IN ARBITRATION DIFFERENT FROM LITIGATION PRACTICE IN INDIA?

    I was first introduced to arbitration way back in the mid-eighties when I appeared alongside a noted junior counsel (now, a respectable Judge of the Supreme Court) in an arbitration proceeding pertaining to claims and counter-claims arising out of the 1982 Asian Games held in New Delhi. The Arbitral Tribunal was headed by Justice (Retd.) A.C. Gupta of the Supreme Court. He was a very quiet and taciturn arbitrator, unlike the majority of present-day arbitrators. For a successful arbitration practice, it is indispensable for one to know the basic essentials of handling suits, even though the technicalities of CPC and Evidence Act do not apply to arbitration proceedings. Surely, one must know about admission and denial of documents, framing of issues (not all arbitral tribunals frame issues), and the proof of documents in case of denial by other side, etc. Also, the art of cross-examination assumes a lot of significance and seriousness in an Arbitration proceeding. An arbitration claim is no different from a claim in a suit, except that the procedure is shorn of all the technicalities, and there is much less stress because of less pressure of time.

     

    YOU HAVE ALSO BEEN ON THE PANEL OF UNION OF INDIA FOR DELHI HIGH COURT. WHAT IS THE MODUS OPERANDI WORKING FOR THE CENTRAL GOVERNMENT?

    This was the first time ever that I worked for any government (Central/ State). I was, hitherto, primarily appearing for private clients and some PSUs. It was, initially, difficult for me to adjust to the role of a government lawyer, inasmuch you hardly receive timely instructions, proper records are not maintained, and most of the time you cut a sorry figure before the Court, not on the account of any lack of professional skill or competence on your part. That said, it is, indubitably, a matter of pride, prestige and honour for any lawyer to be empaneled as a government lawyer.

     

    WHAT ARE THE SKILLS REQUIRED FOR A LAWYER AIMING TO BE A SENIOR ADVOCATE IN HIS CAREER?

    First, one has to be a competent and honest lawyer and the other, one should totally abjure sharp practices as a lawyer. There have been several instances, where very skilful and competent lawyers were not given the designation of a Senior Advocate by the Court, on account of the perception of lack of ethics on the part of such lawyer. Now, of course, the Supreme Court in the judgement of ‘Ms.Indira Jaising vs. Supreme Court of India’ has laid down the entire procedure for designation of a lawyer as a Senior Advocate.

     

    BEING A LAWYER, IS IT DIFFICULT TO MAINTAIN WORK-LIFE BALANCE?

    Work-life balance is difficult but not impossible to achieve, just like in any other business or employment. Here the complexities are of a different nature, in the sense, that in the early years as a lawyer, money is hard to come by, hours are uncertain and stress is a little too much to handle. The reason being that the client is primarily concerned with the outcome of his case, not really concerned with your legal knowledge and the hard work put in by you. This does take its toll on one’s health and impacts work life balance.

     

    WHAT IS THE REQUIRED SKILL-SET OF BEING A SUCCESSFUL LAWYER?

    Being successful in the profession requires no set of different rules than the ones you require in other spheres of activities of life. It is talent, hard work and luck – an amalgamation of all the three.

     

    PLEASE LET US ABOUT YOUR MOST MEMORABLE CASES.

    I have appeared in hundreds of cases in my career as a lawyer spread over 38 years, as an instructing advocate in the early years of practice, and as a counsel thereafter, and a senior advocate in later part of life. A government-tender matter, wherein I had engaged and instructed Mr. S.S Ray, Sr. Adv. (now deceased) and Dr. Shankar Ghosh, Sr. Adv. to appear before the Jabalpur High Court in 1991-1992 stands out in my mind. The other case that I fondly remember of the nineties was a very complex trademark case before Justice Ajay Noth Roy of the Calcutta High Court against NALCO Chemicals, USA. I found Justice Roy to be an outstanding and brilliant judge, though the Supreme Court collegium, perhaps, thought otherwise. Among the arbitration matters, I have a proclivity towards my case, ‘National Aluminium Company vs. Pressteel & Fabrications Pvt. Ltd.’: (2004) 1 SCC 540, which paved the way for the Supreme Court to rule on the applicability of the 2015 Arbitration Amendment Act in ‘BCCI vs. Kochi Cricket Pvt. Ltd.’. In recent years, in the cases, ‘National Aluminium Company Ltd. vs. Ananta Kishore Rout’: (2014) 6 SCC 756, ‘Chairman-cum-MD vs. Bharat Chandra Behera’: (2013) 16 SCC 622 and ‘Kalinga Mining Corp. vs. UOI’: (2013) 5 SCC 252, I was able to persuade the Supreme Court to sustain my view point.

     

    HOW CAN JUNIOR WISHING TO WORK UNDER YOU GET IN TOUCH WITH YOU? WHAT QUALITIES WILL YOU LOOK FOR HIRING A JUNIOR?

    A junior wishing to work with me can directly approach me, no need for an intermediary. The only quality I look for in a junior is that he should be hardworking. I have always maintained and continue to maintain till this date, that a talented person might fail but a hardworking person never fails.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO YOUNG LAWYERS AND LAW STUDENTS AIMING TO MAKE CAREER IN LITIGATION?

    My advice to young lawyers would be no different than what I received in the early eighties, and it is: “work like a horse, live like a hermit”. Now, a word of unsolicited advice: I would very much like if young lawyers take to politics as well, even as they continue to practice law. There is such a dearth of good people- professionally employed people in Politics. This way you contribute to the well-being of the society, as also enhance your own prospect in the profession. The success achieved by the likes of P. Chidambaram, Arun Jaitley and Kapil Sibal is attributable, in part, to their being seen in politics.

  • Manu Beri, Advocate, on setting up independent practice; litigation at NCLT and urgent need for reforming judicial system

    Manu Beri, Advocate, on setting up independent practice; litigation at NCLT and urgent need for reforming judicial system

    Manu Beri graduated from Campus Law Centre, University of Delhi, in 2000. With over eighteen years of experience in litigation, he has handled a variety of matters in different forums including the Supreme Court, Delhi High Court, National Company Law Tribunal, National Consumer Commission and Arbitration Tribunals.

    In this interview we speak to him about:

    • His early years as lawyer in litigation practice
    • His experience in various courts
    • Challenges of a litigation lawyer
    • Building independent practice

     

     HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I practice in the Supreme Court, Delhi High Court, National Company Law Tribunal, National Consumer Commission and before Arbitration Tribunals. Have been doing a variety of legal matters both in Corporate and Criminal law (Economic Offences) for clients in India and from abroad, including large and medium size corporations in FMCG, Logistics, and Infrastructure sectors etc.

     

    PLEASE TELL US ABOUT YOUR COLLEGE LIFE. WHAT MOTIVATED YOU TO TAKE UP LAW AS A CAREER?

    I did my LL.B from Campus Law Centre, Faculty of Law, University of Delhi in the year 2000. Spending three years during my LL.B course in the North Campus of DU was quite good. The best part of it was that Senior Lawyers would come to our Faculty to share their experiences and interact with the students. I had the opportunity to listen to stalwarts like Mr. Ram Jethmalani, Mr. Harish Salve and many others. Likewise, some practicing lawyers used to take our classes. In addition to regular faculty, teaching by visiting/guest faculty helped us to know the practical aspects of the legal profession while studying Law. I hope they are continuing with this system and other Law schools have also introduced this.

    My initial interest to do law came from studying subjects like Political Science in which I got to know of constitutions of many democracies in the World. Out of all other professions, I found law intellectually challenging and stimulating. Unlike many other professions, it gives you a chance for lifelong learning. A Lawyer can help develop or change the policy making not only in his client’s businesses but Government policies as well. Law helps you constantly learn and grow.

    My uncle Mr. Sandip Beri is in the legal profession. After having practiced in the Supreme Court of India and then having done a long stint with law firms and corporations in the USA and India, he is presently a partner with a large Corporate Law firm in Delhi. He was the guiding force behind my decision to take up law as a career. Through him I had a fair idea of what the legal profession was all about.

     

    PLEASE TELL US ABOUT YOUR INITIAL YEARS OF PRACTICE.

    After working for about a year and a half as a Junior Lawyer, I started my own independent practice a little early in my career. However, I think I should have worked for a few more years as a Junior lawyer. But luckily for me in my initial years of practice I was able to get good work from some Companies and I learnt a lot from the work I did for them by handling various legal issues for them in Courts and otherwise. Also, briefing Senior Counsels in the High Court and Supreme Court on important matters has been a good learning experience for me. I think learning in this profession comes from handling maximum cases and arguing in Courts. The more cases you work on, the more you will enhance your knowledge, skills and consequently increase your confidence as a litigation lawyer. When I started my law practice, I was advised to specialize in any one branch of law rather than doing a variety of legal work but I somehow did not like this idea and I knew what I wanted to do. It is very exciting to work on cases involving different legal issues. I have had the opportunity to represent clients in a variety of matters like IPR Suits, Writ Petitions, Arbitrations, Consumer matters, Company Petitions and Criminal matters in the higher Courts. I hate monotony in professional work; hence getting to do cases from different branches of law has only enhanced my knowledge and skill set.

     

    AS A LITIGATION LAWYER, THE TOUGHEST CHALLENGE IS TO GET CASES – WHAT WOULD BE YOUR TIPS TO LAWYERS WHO HAVE JUST STARTED OUT IN THEIR CAREER.

    Public relations are very important in legal profession. But more than that if you work with sincerity for your clients and give them positive results in a time bound manner, then one client will naturally lead to another through word of mouth and there cannot be a better publicity or advertisement than this for a lawyer.

     

    YOU CHOSE TO WORK IN TRIAL COURTS AND DISTRICT COURTS INSTEAD OF MOVING DIRECTLY TO THE HIGH COURT AND SUPREME COURT. HOW IMPORTANT IS TRIAL COURT PRACTICE IN THE INITIAL YEARS OF ONE’S CAREER?

    In the initial years of practice one may not get big and high stake matters and even if one gets such matters in higher courts then the clients prefer Senior Counsels to argue these matters. Therefore, Trial Courts give junior lawyers a chance to conduct depositions and argue the cases themselves which is a great learning experience and confidence building measure.

     

    YOU HAVE SUBSTANTIAL NCLT PRACTICE AS WELL. PLEASE TELL US HOW CAN ONE GAIN EXPERTISE IN COMPANY AND INSOLVENCY AND BANKRUPTCY LAW.

    Well, as I said for gaining expertise one needs to handle maximum cases in that field of law. Mere theoretical knowledge of any law subject is not going to help. In my view, to gain expertise in any branch of law it is important to read and understand the statute with the relevant judgments passed by the courts and then handling cases in courts/tribunals. Also, one should keep oneself updated with the latest news in the corporate world through print and electronic media. In corporate litigation practice, in addition to understanding the law, a lawyer has to understand his client’s business. This has helped me to learn so much about different businesses and industries, as well as the diverse areas of law that impact my clients.

     

    WHAT IS THE ONE IMPORTANT LESSON YOU HAVE LEARNT IN YOUR CAREER AS A LITIGATION LAWYER?

    One thing I have realised over the years is that one should also listen with an open mind to what clients have to say about their case in addition to the facts, rather than being dismissive about their logic and opinion. Sometimes, their ideas based on their life and business experience can really help in developing a case.

     

    HOW DO YOU RECOMMEND A FRESH LAW GRADUATE INTERESTED IN LITIGATION START THEIR CAREER?

    I started my own independent practice a little early in my career. However, I think I should have worked for a few more years as a junior lawyer. My advice to budding lawyers, who intend to enter into litigation, is that they should spend at least two-three years as a junior in a law office having lot of drafting work and reasonable number of appearances in courts and after that if they get a chance to work in the office of a good Senior Counsel, they should spend a couple of years in the Senior’s office as well.

     

    HOW CAN ONE APPLY FOR INTERNSHIP UNDER YOU? HOW CAN AN INTERN STAND OUT DURING HIS INTERNSHIP?

    I generally keep one intern at a time so that we can have maximum interaction with each other. I invite CVs from interns and then decide. At this stage of their legal education the interns are expected to do the research work and read case files. I think an intern can stand out by doing good research work and finding judgments for the ongoing cases.

     

    WHAT QUALITIES DO YOU LOOK FOR IN A JUNIOR?

    A junior should be hardworking having the ability to put in long working hours, sincere, reliable and courteous.

     

    WHAT ARE YOUR THOUGHTS ON THE JUDICIAL SYSTEM.

    It amazes me how under the given circumstances the Judges in this country work tirelessly to decide cases and write judgments by spending extra hours to deal with pendency of cases. It is very challenging to properly hear and decide so many cases on the board in a single day. There is an urgent need to increase the number of judges so that the justice delivery system is quick and more efficient.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO YOUNG LAWYERS AND LAW STUDENTS?

    For young budding lawyers it is very important to plan their career path right from the law school years, by doing extensive internships with Judges, litigation lawyers, Law Firms, and in-house lawyers etc twice a year which can be really helpful as they plan their future in the profession.

     

     

     

  • Satvik Varma, Litigation Counsel, on establishing Independent practice, studying LLM from Harvard Law School, and authoring a book

    Satvik Varma, Litigation Counsel, on establishing Independent practice, studying LLM from Harvard Law School, and authoring a book

    Satvik Varma is a Litigation Counsel and Corporate Attorney. Prior to setting up his private practice, Satvik was a partner at India’s premier law firm, (undivided) Amarchand Mangaldas and also served as the Vice-President and Counsel in the corporate law group at Lehman Brothers (2003-2005) headquarter in New York. Satvik started his career as a litigator (1998-2001) at the Supreme Court of India and the High Court of Delhi. While practicing in Courts, Satvik had the opportunity to participate in and argue various constitutional laws, insurance and family law related cases.

    Satvik holds a Bachelor of Arts (with Honours) in History and a Bachelor in Law (LL.B.) from the University of Delhi. He earned a Master of Law (LL.M.) from Harvard Law School, where he was a part of the South Asian Lawyers Association. He is dual qualified and licensed to practice in both India (1998) and the State of New York (2003).

    Satvik is a frequent speaker at various panels, seminars and workshops and is often featured on television debates for his views on legal matters. He writes regularly on corporate governance, legislative matters, economic and trade policy and current legal affairs for most of India’s leading business newspapers, magazines, and journals.

    In November 2017, Satvik released an anthology of his essay’s titled “Yes, I’m Opinionated” – “Musings of a Lawyer on Governance, Law and Policy” published by Lexis Nexis. The book has received advance praise from sitting judges of the Supreme Court of India and the Delhi High Court and leading Senior Counsel in India. 

    Satvik has a keen interest in global and regional affairs and serves on the advisory board of the Asia Society India Centre, a United States not-for-profit. He has been selected from amongst many as an Asia 21 Young Leader, where he actively engages with others from the Asia-Pacific to discuss issues of common interest to the region. He is also a member of the Young Indians, an initiative operating under the aegis of the Confederation of Indian Industry (CII), to help motivate the youth to shape the economic and social agenda of India. Recently, he was selected from a very large and diverse group of candidates as an Aspen India Leadership Fellow and is cohort of the Aspen Global Leadership Network.

    In this interview we speak to him about:

    • Challenges of setting up his independent firm
    • Experience of studying at Harvard Law School
    • Importance of Internship
    • Being a prolific writer and authoring several articles and now a book
    • Maintaining a work life balance

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE SHARE YOUR ACADEMIC AND PROFESSIONAL BACKGROUND

    I am a litigation counsel and corporate attorney based in New Delhi. My practice focusses mainly on corporate commercial litigations, shareholder and company disputes, breach of contract and specific performance disputes, competition law and telecom/satellite law related litigation and domestic and international arbitrations.

    I also regularly contribute to most leading Indian newspapers on topics related to law. Recently, I released a book- “Yes, I’m Opinionated” – Musings of a lawyer on Governance, Law & Policy. I am addicted to current affairs and a keen observer of politics.

    I graduated from Campus Law Centre, Delhi University in 1998 and immediately joined the chambers of Mr. Kailash Vasdev (currently Senior Advocate). In fact, I had been associated with Mr. Vasdev’s chambers for some time and had worked there through most of my LL.B. days. While at Mr. Vasdev’s chambers, I would often share notes with my brother who was working in the financial sector in London and would hear about M&A and Joint Ventures and Securities, all of which were topics I knew nothing about. So in 2001, I decided to make the transition from Litigation to Corporate law and joined, for a very brief period, Dua Associates in their Corporate Transactions/M&A team. Prior to joining Dua, I had already applied for an LL.M. overseas and went on to pursue my Master in Laws at Harvard Law School, graduating as the Class of 2002 or what was then termed as the 9/11 Class. This was because in the “normal” preceding years, of the 150 students that graduate HLS, well over a 100 students would get a job upon graduating. But in our batch only around 8 students got placements, in what was termed as the “foreign lawyers program”, for a brief stint in the States followed by them returning to their home country to work with the same firm. Regardless of not having secured employment I decided to write the New York State Bar Exam which, admittedly, was one of the most gruelling experiences of my life. Like most students, one enrolled for the BARBRI classes, which lasted through the day and then there was homework to be completed before the next day. On an average, preparing for the Bar was a 16-18 hour day and one was often reminded of the low pass percentage for first time takers. I was fortunate and blessed to have passed the Bar in the first attempt, but still didn’t have a job. In fact, in 2002, there were very few entry level positions available in New York and I didn’t even manage to secure a single interview in over seven months. I was adamant to work and live in New York and hence I persisted. I still remember a particular time when I was called to an interview and spent the day with the recruiter distributing flyers for an attorney who was contesting for a Selectman’s post (equivalent to municipal councillor) and those were the first $40 I earned in America. Eventually, I got lucky when the legal head of TCS, who I had been introduced to by a dear friend and had kept in touch with through the Indo-American Lawyers Association, referred me for a temporary lawyers position at the investment bank of Lehman Brothers that had just signed up an outsourcing agreement with TCS and Wipro. Like most Wall Street positions, I went through five rounds of interviews (the first I had had since graduating HLS seven months prior) and was eventually hired as a temporary lawyer for an eight week assignment. I was lucky that five weeks into my assignment, I was confirmed in the position and given the title of Vice-President Corporate Law at Lehman Brothers. Asides from the title, I was delighted to have a huge office on Park Avenue in New York and went on to work for Lehman for a few years before eventually returning to India.

    Upon my return, my former partner from Dua Associates had just moved to Amarchand Mangaldas (undivided) and proposed I join his team. I was slightly undecided at what to do as it was my initial desire to start my own litigation practice but eventually decided to join Amarchand as a Senior Associate in the M&A & Private Equity team. I eventually rose from amongst the ranks at Amarchand and was announced as Partner in 2010, at which time I decided to start my own private litigation practice. Many people thought I was foolish to be giving up such a lucrative position and the comfort of being under the umbrella of India’s premier law firm. But I was exhilarated with my decision to return to litigation practice and being back in Courts was something that excited me.

    Since 2010, I have been developing my practice as an arguing counsel in Courts and Tribunals all across India focussing primarily on corporate- commercial disputes, and I have to say that I have loved each and every day since setting up my own law chambers.

     

    HAVE YOU ALWAYS BEEN INCLINED TO A CAREER IN LAW? ARE YOU A FIRST GENERATION LAWYER?

    I am actually a fourth generation lawyer with many in the legal profession both from my mother’s and father’s side of the family. In fact, my paternal grandfather was amongst the first lawyers from Bihar to have relocated to the Supreme Court and was, what was then called, an “agent” of the Supreme Court of India. He was one of the 23 agents present at the inauguration of the Supreme Court of India on 28.01.1950. But there was never any pressure on me to pursue a career in law especially since my older brothers first degree is in law, but he’s always worked in the investment banking and finance sector. Consequently, while my interest to pursue law has been influenced by my family background, the real inclination stems from my compelling desire to work amongst people, to help “resolve” matters and to play a role in helping shape policy and the legal landscape in India. Now, after being admitted for almost 21 years I can say without a doubt that practising law is not just my profession, it’s something I’m extremely passionate about, it excites me and its something I greatly enjoy doing.

     

    TELL US A BIT ABOUT YOUR TIME STUDYING LAW AS AN UNDERGRADUATE STUDENT AT THE UNIVERSITY OF DELHI

     Having earned an Honours degree at Hindu College I was very familiar with North Campus and, in many ways, Campus Law Centre was an extension of that joyful experience of being at Delhi University. We had some excellent professors at CLC but really the emphasis was on the discussions outside classrooms and the interaction amongst the students. During my time pursuing an LL.B. there was no requirement for internships, however I had started attending Mr. Vasdev’s chambers from my second year and was, hence, able to comprehend the practical application of what was being taught at Law Faculty.

     

    WHAT WERE YOU AREAS OF INTEREST DURING YOUR LEGAL EDUCATION? HOW DID YOU DECIDE THE FIELD OF LAW THAT YOU WANTED TO SPECIALISE IN CAREER-WISE?

     The late 1990’s were when the period of liberalisation really accelerated and one was seeing more and more international businesses set-up in India. One was were constantly reading about trade and investment policy developing in the country. As a consequence, at Law Faculty, I was drawn towards Law of Contracts, Law of Torts, Constitutional Law and Criminal Law. My initial many years were spent primarily at the Supreme Court of India and hence my interest in Constitutional Law grew. But ultimately, given my professional experience of having worked both as a litigator and a corporate lawyer, I developed a great interest for corporate-commercial laws. I find this area of law challenging, exciting and forever developing, remoulding itself to the changing economic scenario in the world. It’s also the field where I am able to make meaningful contributions having worked on both ends of the spectrum.

     

    INTERNSHIPS PROVIDE STUDENTS WITH THEIR FIRST EXPOSURE TO THE PRACTICAL ASPECTS OF THE LEGAL PROFESSION. COULD YOU TELL US ABOUT THE INTERNSHIPS YOU TOOK UP, AND WHAT YOU LEARNT FROM THOSE EXPERIENCES?

     The curriculum at Law Faculty did not prescribe mandatory internship, hence one took up internships voluntarily. I had started working from my second year at Law Faculty, i.e. 1996, and one of my greatest takeaways from working at a chambers was the need for lawyers to have an attention for detail. In 1998, the Bar Council introduced the compulsory apprenticeship program for law graduates, which eventually got overturned. During that period I had the chance to hear senior members of the Bar present to the Constitution Bench and was fascinated by the practical examples which lawyers presented to juxtapose the law with its application. It has been my attempt to carry forward and apply both of these early experiences in everything I do.

     

    LAW GRADUATES ARE FACED WITH HAVING TO CHOOSE FROM SEVERAL CAREER OPTIONS AND THE CHOICE OF STUDYING FURTHER. WHAT ADVICE WOULD YOU GIVE STUDENTS IN AVOIDING A DECISION PARALYSIS?

     Many of the choices available to law graduates today didn’t exist 20 years ago, but it’s absolutely fascinating to see these young lawyers opt for different career paths, where their law degree can be used. For example, I recently met a lawyer with just a few years of experience who had joined a think-tank to work on policy papers. This was not an option when I had graduated, but it’s a great development and also a testament of how the core skills acquired while studying law are transferable skills and can be utilised across a variety of professions.

    Law graduates need to be patient, and not jump the gun to hastily back-pedal from any decision they may have taken if they don’t seem immediate results. The legal profession is more like a cricket test match, with two innings, and not a T20 game where one need to score on every ball. Take a decision and stick by it because too many changes reflect badly on your resume.

     

    PLEASE SHARE WITH US YOUR LLM EXPERIENCE AT HARVARD LAW SCHOOL. HOW WOULD YOU SAY YOUR PRIOR EXPERIENCE AS AN ADVOCATE AIDED YOU IN YOUR MASTER’S DEGREE?

     My experience at Harvard and then working on Wall Street has in many ways shaped my professional discipline, my work ethic and lawyering skills. Most good law schools today require at least two to three years of work experience before they will even consider your application and I believe that prior work experience in many ways will prepare you for a fairly rigorous and intensive 1 year Master’s program.

    Personally, I strongly urge all young lawyers to pursue an LL.M. and explore ways of studying overseas. Aside from the international exposure, and learning from experiences of those from across the world which adds to one’s overall personality development, the LL.M. program also exposes one to many areas of the law that one doesn’t study in India. For example at Harvard I took a course called Analytical Methods for Lawyers which included Game Theory, Statistics, Accounting and Decision Analysis in Contracting matters which I found fascinating. I also studied other topics I had no exposure to in India like Entertainment and Media law, Alternative Dispute Resolution methods and got an opportunity to study Negotiations from the Gurus of Negotiation Theory – William Ury, Roger Fisher, Bob Mnookin etc.

     

    WHAT ARE THE CHALLENGES THAT YOU FACED STUDYING AT ONE OF THE PREMIER UNIVERSITIES FOR LAW IN THE WORLD? HOW DID YOU KEEP UP WITH HARVARD’S ACADEMIC RIGOUR?

    While the academic schedule at Harvard, and for that matter in most LL.M. Programs, is quite intense, it’s also a lot of fun and at the end. What is paramount is what one wants to take away from the program. At Harvard for example, some of the greatest discussions took place outside of the classroom; at student events or informal discussions. As a place of learning Harvard encourages that, so one doesn’t really face any “challenges” in such a structured program. The program allows one to pursue other interests and activities across all Harvard campuses and that is a good way to balance the academic schedule along with the non-academic activities on campus.

    I would also like to share that while I was at Harvard Law School, my older brother was at Harvard Business School and if I remember correctly, we are the third or fourth set of brothers to have graduated Harvard University on the same day, at the same time but at different ceremonies. So on graduation days my mother was at my ceremony and my father attended my brother’s ceremony.

    HOW DID YOU COME TO TAKE UP A POSITION WITH LEHMAN BROTHERS? WHAT ARE THE MAIN TAKEAWAYS FOR YOU FROM THIS EXPERIENCE?

    As I mentioned above, my introduction to Lehman Brothers was made by the General Counsel of TCS Americas. It was the only interview I got after graduating from Harvard and I started as a temporary worker and was made Vice-President Corporate Law in five weeks of working with them. In this role, I was supporting the global procurements team on all their contracts and handled everything from negotiating the bank’s Bloomberg Data contract to the acquisition of Private Jets that were undertaken. I also worked very closely with the Benefits team and worked on re-negotiating the global health benefits and insurance program for 14,000 employees. My greatest take-away from working at Lehman was how to understand the business and commercial interest of your client, in this case the bank itself, and balance those interests with the law to make sure the deal goes through. I was also able to put to immediate use the negotiation skills I had acquired while at Harvard and see them bear results. That is something that has held me in great stead in all my client dealings.

     

    WHAT MOTIVATED YOU TO JOIN AMARCHAND MANGALDAS? COULD YOU TELL US ABOUT YOUR JOURNEY TO BECOMING A PARTNER AT ONE OF INDIA’S LEADING LAW FIRMS?

    Upon my return to India, my former partner from Dua Associates had joined Amarchand Mangaldas (undivided) and while I was keen to start my private practice, he asked me to join and it was an offer I found very tough to refuse. In retrospection I am thrilled to have accepted that offer as I learnt immensely from working at India’s premier law firm. Amarchand had a great brand value and I remember when I shared with my Harvard colleagues that I had joined Amarchand, almost everyone had heard of it in their home country. During the time at Amarchand, it was in the process of charting out its course for further growth and I really enjoyed being a part of the journey which eventually led to my selection as a Partner at the firm. This was an especially happy moment for me as I was one of the 19 Partners at the Delhi office. It would be my strong recommendation to junior lawyers to, at some stage, work at a large law firm to understand the mechanics of an Indian law firm and only post that experience decide their long term career goals.

     

    WHAT ARE THE CHALLENGES AND LEARNING OPPORTUNITIES THAT YOU ARE FACED WITH IN YOUR INDEPENDENT PRACTICE?

    Independent practice is an all in one process – you’re the originator of the work, the executor, the teacher and mentor, the researcher and sometimes also the office manager! But it’s a lot of fun and while I recognise that independent practice may not be for everyone, I would not trade independent practice for anything else. One of the most difficult things for me while returning to litigation and independent/private practice was to try to re-establish my brand, which one had to do from scratch. Amongst the best things about private practice is the freedom to do all kinds of different things and work across various practice areas, which one is not able to do while in the structured confines of a law firm. As a result, one is constantly evolving and learning something new every day which makes independent practice a lot less monotonous or repetitive.

     

    GIVEN THE DYNAMIC NATURE OF THE FIELD YOU PRACTICE IN, HOW DO YOU KEEP YOURSELF UPDATED ABOUT THE LATEST DEVELOPMENTS IN THE LAW?

     One of the best ways to stay updated about the latest developments in the law is through leading law journals and the various other online law portals which come up with an analysis and bring to one’s attention the developments in the law across the country. Given that I write almost every week and invariably choose topics outside of my area of work, I always learn through the process and make it a point to read the latest Court decisions. Despite the latest cases being available at the press of a button, I urge all young lawyers to maintain their personal case journal and update the same regularly.

    Additionally, the entire chamber eats lunch together on Saturdays and we have a rule where one of my Juniors is expected to have read up on a case and is required to share details of that with the others. We do this in a relaxed environment not to make it overly burdensome and keep it fun, yet not lose sight that it’s a work assignment.

     

    WHAT DOES A TYPICAL WORKING DAY LOOK LIKE FOR YOU?

    Most litigators and more so those in private practice work 7 days a week. Weekends tend to be the busiest as one is catching up on drafting, vetting drafts and settling pleadings. On most days I’m in office till past 10 pm. But the advantage of private practice is that post Court hours one is the master of one’s own schedule and can plan one’s day accordingly. So on most days, I would try to get back home to be with my Son during his dinner time and also try to eat with my wife and then come back to office to work late into the night.

     

    HOW DO YOU MANAGE YOUR TIME BETWEEN YOUR PROFESSIONAL AND PERSONAL INTERESTS? WHAT ARE YOUR INTERESTS OUTSIDE LAW?

     I’m extremely fond of art and fashion, love food and travel and greatly enjoy listening to new-age jazz and lounge music. There is often music playing in the office. I am also fond of photography and many photos taken by me adorn by chamber walls. I also have a great interest in theatre and drama having worked for many years at India’s leading professional theatre group. So if there’re any plays in town, I make it a point to try and see them. The good part is that in private practice one is able to manage one’s own schedule and create one’s own personal- professional work life balance. I equally urge all my Juniors to definitely engage in some sporting or other activity on a daily basis.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS WHO ARE PRIMARILY LAW STUDENTS AND YOUNG LAWYERS?

    Today, a law degree offers many alternative career options for law students. My parting message both to law students and young lawyers is – Choose wisely, the career path you’d like to pursue, but then follow it with dogmatic determination. Follow your dreams, chase your heart and be passionate about your work doing it with utmost honestly and all sincerity. Don’t draw comparison with your peers or classmates and don’t jump-ship just because you feel your friend is ‘doing better’ or is ahead. Once you’ve chosen a path, give it lots of time and all your energies. The practice of law, whether at a law firm or as a litigator requires one to put in a lot of hard work and long hours. One must have the mental strength and resolve to deal with 14-16 hours days. Even if they don’t produce immediate results, its like making a deposit in a bank, all those hours will eventually yield results. As a U.S. Supreme Court Judge said “The law is a jealous mistress and requires a long and constant courtship. It is not to be won by trifling favors, but by lavish homage.” But above all, , remember to have fun along the way, its not always the destination, but also the journey that matters.

  • Vibhanshu Srivastava, Founder and Partner, Risis Legal, on challenges of litigation, importance of mooting and maintaining work life balance

    Vibhanshu Srivastava, Founder and Partner, Risis Legal, on challenges of litigation, importance of mooting and maintaining work life balance

    Vibhanshu Srivastava, founder and partner at Risis Legal, has diverse experience in handling a vast array of Litigation and Arbitration matters arising out of corporate/commercial transactions, tender-preconditions and terms, winding up of a company, oppression and mismanagement, intellectual property disputes and real-estate dealings. After having finished his graduation in law, Vibhanshu forayed into litigation by joining the Chambers of Prashant Chandra, a celebrated Senior Advocate based at Lucknow who draws crème corporate clientele of the region.

    Vibhanshu heads the Litigation and Dispute Resolution practice of the firm. He has been frequently appearing in the Hon’ble Supreme Court, the Hon’ble Allahabad High Court and its Lucknow Bench, besides the DRT and CESTAT. Vibhanshu has represented known corporate houses such as Ashok Leyland, Idea Cellular, Meraki Inc.,Omaxe, Xiaomi, Indoways E-Commerce & Sales Pvt. Ltd., NGK Infrastructure, besides several individuals, including public servants, etc.

    Vibhanshu is an alumnus of Chanakya National Law University and is registered with the U.P. Bar Council and the Oudh Bar, Lucknow. His inclination and prolific attraction towards litigation acted as a catalyst to pull him towards the walkways of the Court and set up Risis Legal, which has a robust dispute resolution practice.

     In this interview we speak to him about:

    • Importance of academics, internships, and moots
    • Challenges faced in litigation
    • Maintaining work life balance being a partner of a firm

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    I am a first generation lawyer based predominantly out of Lucknow. I forayed into litigation immediately after graduating from the Law School. After adjusting into the profession which took a while and once I had the feel of it, I went on to set up Risis Legal, a specialised litigation firm. We are thriving hard to make a mark in our sector by extending seamless and comprehensive dispute resolution solutions to our clients.

    My pre-college life was a lot of fun. I studied throughout in an all-boys school and made friends for life back then. During my pre-college days, I used to volunteer in a lot of social activities and gradually, this interest of mine became the stepping stone for me to become one of the founding members of Alexis Society, an international not-for-profit and non-political organisation which promotes creativity, innovation, peace, harmony and inclusive development.

     

    WHAT FACTORS INFLUENCED YOU TO CHOOSE LAW AS A CAREER? WHY DID YOU CHOOSE CHANAKYA NATIONAL LAW UNIVERSITY FOR PURSUING LAW?

    I always had a knack for public speaking coupled with the fact that math, physics and chemistry were just not meant for me and thus I found my calling in law. Thankfully the realization that I wasn’t meant for technical education and programmes hit me just at the right time and I chose commerce in my HSC over the dreadful P/C/M. By the time I was in my intermediate, I was pretty sure that I was going to pursue law. However, as they say ‘the beauty of life is that, nothing will go per your plan’, I had to joined the B.com (Hons.) programme at the Delhi College of Arts and Commerce(DCAC), South Campus, Delhi University; and almost gave-up on the idea of pursuing a 5 year law programme for I couldn’t secure a decent rank in CLAT. I just didn’t wanted to waste a year and this is what that prompted me opt for B.Com. It was hard to pursue myself that I will go for a traditional 3 year law programme post my graduation.

    But as were things in store for me, a month into the Delhi University already, I got a call from Amity Law School Delhi affiliated by the Guru Gobind Singh Indraprastha University, followed by a call from CNLU Patna. After giving my interview and securing a seat in the Amity Law School, I rushed to Patna to see things myself and make a fair call. After interacting with the students and faculty I met on campus, I had no second thought and on the same day, I was sitting and studying in the B.A., LL.B. (Hons.)-Batch(2009-2014) classroom.

     

     WHAT ALL ACTIVITIES DID YOU TAKE PART IN DURING YOUR TIME AT LAW SCHOOL?

    I was into mooting big-time. Besides, I even participated in parliamentary debates, paper-presentations, conferences, legal aid camps, law-fests etc. As my association with Alexis Group was at its pinnacle while I was in the law school, I conceptualized and organized many events under the banner of Alexis Group which focused on youth empowerment, sustainability, policy change and development. Law school was fun, all in all.

     

    YOU HAVE BEEN ARDENT MOOTER AND HAVE WON THE PRESTIGIOUS BAR COUNCIL OF INDIA MOOT COURT COMPETITION, BESIDES REPRESENTING INDIA IN THE STETSON INTERNATIONAL ENVIRONMENTAL LAW MOOT COURT COMPETITION WHICH WAS HELD AT FLORIDA, USA. HOW DO YOU RECOMMEND ONE SHOULD PREPARE FOR THEM? DO YOU THINK MOOTING IS SIGNIFICANT FOR LAW STUDENTS?

    There is no activity in a law school which is as important as mooting, especially if one wishes to join litigation. To begin with the preparation for a moot court competition, one has to submerge in the moot proposition so much so that he/she is completely though with the facts of the case. Unless, this doesn’t happen, one will not be in a position to cull out the legal issues and controversies involved. This is followed by a robust research work on the legal issues identified. The entire team must make earnest and synchronised efforts in the research and the legal issues identified may be divided amongst the team members. Research should be thorough and broad-enough to ensure that none of facets of the legal controversies involved are missed out. Speakers shouldn’t be pre decided and only once the research is exhausted and the memorial drafting begins, one should start thinking on this aspect. Lastly, team efforts are required to win a moot court competition and hence, the team members must be honest and modest in choosing their roles in the team. Let not egos and personal differences come in your way to win a moot court competition. The thumb rule is, choose a team wisely even before you begin preparing for the competition.

     

    WHAT ALL INTERNSHIPS DO YOU THINK A LAW STUDENT MUST UNDERTAKE DURING THEIR TIME AT LAW SCHOOL AS A STUDENT?

    This should be designed in accordance with the career preference one holds. For example, if one has aspirations to be into litigation, internships right from the first year must be designed accordingly. Thus, one can begin with an internship with a practicing lawyer from the District and Sessions Court, followed by internships with Senior Counsels in the High Court and the Supreme Court. Likewise, one can also intern with the Litigation and Dispute Resolution teams in the reputed Law-Firms.

     

    HOW DID YOU GET THE INTERNSHIP AT DSK LEGAL?

    Applied through the regular channel and expressed my interest to work with the Lit. group. They have a dedicated office in Colaba, Mumbai from where the Lit. team operates. I was lucky that my request was accommodated and my internship application was approved. Liked the work so much that repeated 2 more internships with them.

     

    YOU HAVE ALSO REPRESENTED INDIA AT THE PRESTIGIOUS INTERNATIONAL YOUTH FORUM SELIGER, RUSSIA IN 2011. PLEASE SHARE YOUR EXPERIENCE.

    Ahhhhhh, it incredible! We were a handful of us, representing India at the Forum. We were camping a jungle around a lake, called lake Seliger, about 25O miles from Moscow. Lake Seliger is in fact a system of Lakes and the surrounding was pretty picturesque. There were lots of activities, including talks on various agendas, group discussions, key-note sessions with imminent speakers, morning yoga, swim sessions, evening sport activities and what not. Made friends from all across the globe and thankfully we are still in touch. The memories of IYF, Russia are still fresh, all thanks to Alexis Group without whom my participation was impossible.

     

    HOW DID YOU DECIDE TO CHOOSE LITIGATION OVER TAKING UP A CORPORATE JOB AT A LAW FIRM? WHAT CHALLENGES YOU FACED IN LITIGATION.

    I had no second thought when it came to choosing litigation over a white collar corporate job. I had dreamt of shining into litigation even before I finished my 5 years in the law school. Frankly speaking, I made a conscious choice to begin a career in litigation from my hometown, needless to say to avoid the initial hardships and struggles of the profession; and the decision proved to be great. Three years down the line I was confident enough to go solo and that’s when the idea of Risis Legal struck me. Having said that, litigation will trust your patience and there’ll be times when you will think of ditching the profession in a jiffy, and that’s where you have to calm your nerves and say to yourself ‘Hey! No, don’t do this. You are here to stay!!”

     

    WHAT ARE YOUR AREAS OF INTEREST IN THE LEGAL FIELD?

    I love doing education matters, and off lately we have been doing many, representing colleges, students and trainees etc. Besides, I like doing matters arising out of corporate/commercial transactions, tender conditions/preconditions and terms, winding up of a company, oppression and mismanagement, intellectual property disputes and real-estate dealings.

     

    PLEASE SHARE YOUR EXPERIENCE WORKING AT LUCKNOW BENCH OF ALLAHABAD HIGH COURT.

    It is phenomenal. We have been doing matters both at Allahabad and Lucknow. There’s so much young crowd now in comparison to when I Started. Standing on the dice and delivering your arguments is the best experience.

     

     WHAT IS THE AVERAGE WORKDAY EXPERIENCE OF A PARTNER AT A LAW FIRM LIKE? HOW DO YOU MAINTAIN A WORK-LIFE BALANCE? PLEASE SHARE YOUR ROLES AND RESPONSIBILITIES AT THE FIRM.

    I have been personally monitoring all the important matters being handled by us, either by way of participating with the clients in the meetings, drafting and vetting the pleadings and making frequent appearances in these matters. The day starts early, with a visit to the Court and ends after long hours of work in the Office.

    I travel extensively doing the Court vacations and that’s how I make sure that I make full utilization of the vacations. Post vacations, I join back the Courts with re-enthused vigor and energy.

     

    HOW CAN A LAW STUDENT APPLY FOR AN INTERNSHIP AT YOUR FIRM?

    One can go to the ‘Careers’ tab on our website, www.risislegal.com. Apply for an internship with by clinking at the relevant link.

     

     WHAT ADVICE OR SUGGESTION WOULD YOU LIKE TO GIVE TO OUR READERS, WHO ARE PREDOMINANTLY LAW STUDENTS AND YOUNG LAWYERS?

     There’s no shortcut to hard work. Identify your interest at an early stage; say in the late third year of your law and start working in the right direction. Believe my lawyer and to-be lawyer friends, we have chosen a wonderful profession which has many magical sides and colors to it. We get to know each of it just at the right time.

     

     

     

  • Bhaven Shah, Co-Founder, Presolv360, on entrepreneurship, technology and the future of dispute resolution

    Bhaven Shah, Co-Founder, Presolv360, on entrepreneurship, technology and the future of dispute resolution

    Bhaven Shah is a Chartered Accountant and has completed his law from Government Law College, Mumbai. He is the Co-Founder of Presolv360, which is India’s first homegrown cloud-based dispute management platform capable of preventing litigation, protecting people and businesses from adversities of disputes and resolving them through time-tested dispute resolution mechanisms. Bhaven has previously worked with KPMG in their M&A and tax litigation practice, R. K. Bothra & Co. and Ernst & Young in their tax and assurance practices, respectively. Besides, he has had varied experience before judicial and quasi-judicial authorities including the Supreme Court of India, High Courts of Rajasthan and Bombay, and the erstwhile insolvency boards.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am no super-lawyer. I am just a super-believer. I believe in our youth and that gives me the drive, I believe in India’s growth story and that gives me reason and I believe in the values passed down by our great leaders that gives me confidence that I am at the right place – ‘India’, at the right time – ‘now’, and doing the right thing – ‘Presolv360’.

     

    PLEASE TELL US WHAT MADE YOU PURSUE LAW?

    Law came to me by legacy. My grandfather was the first in the family to come to the land of opportunities and dreams. Since then, Mumbai was the only home known to him and my entire family. Against all odds, he brewed roaring success in the textile industry and this success was compounded by my father. The business expanded but so did complexities. Opportunities increased but so did opportunistic individuals. The economy was growing but values were rapidly eroding. From property-grabbing to non-payment of dues, from trespassing to cheques bouncing, it became a usual occurrence for many of us. Practices and professions became sophisticated, but law and procedures remained unchanged.

    Crediting my sweet and sour experiences with litigation and courts, I decided to take the law into my own hands. Scratch that, I decided to take the fate of these disputes in my own hands. The only way to begin that was by pursuing law academically, and so I did. After completing my graduation from H. R. College of Commerce and Economics, Mumbai, I enrolled myself in the Government Law College, Mumbai.

     

    FROM LAW TO ENTREPRENEURSHIP, WHAT MADE YOU TAKE THIS LEAP?

    In a heavily-litigated personal matter, a Supreme Court Judge (now retired) said to me in open court “Son, your father started this case and your child will have to conclude it.” And these wise words came after 29 years (read 45% of the lifespan of an average Indian) of fighting tooth and nail in Indian courts. The harsh reality is that legal cases in India last a lifetime and have a propensity to wipe out all your resources, and I faced this first hand. I didn’t want to suffer in the future, I didn’t want others to suffer, ever, and so, it was time that India and her citizens were offered a solution that changed the way they insulated themselves from disputes and litigation. Something that was quick, economical, convenient and effective. With this in mind, Presolv360 was born.

    Disputes are inevitable and are inherent to the nature of humans. So, we re-imagined, re-engineered and radically improved the ‘approach’ to dispute management. In devising this approach, the founding team of Presolv360 tapped into all possible learnings and experiences, be it law, chartered accountancy, insurance, management and of course, encounters with realities of life.

     

    WHAT PROBLEM ARE YOU TRYING TO ADDRESS WITH PRESOLV360?

    The traditional dispute resolution mechanisms like courts are plagued with a number of serious problems. Where 19th-century laws still dominate dispute resolution, there is a need to provide 21st-century solutions to uproot these challenges.

    Statistically speaking,

    • Everyday 40,000+ cases are filed due to the absence of dispute prevention mechanisms.
    • Approximately 67% disputants do not even attempt an alternative before litigating.
    • 80,000 crores p.a. is lost due to court hearings and loss of business. This translates to 0.77% of India’s GDP and shockingly, this figure is without accounting for professional fees.
    • On an average, it takes 13 years for the final disposal of a civil case lodged in an Indian Court.
    • It is estimated that by the year 2025, there will be 6.19 crore pending cases and at the current rate of filing of new cases against the rate of disposal, it will take 587 years to clear this backlog.

    Believe me, these numbers are not an exaggeration. Let me ask the readers to ponder over three simple questions. If the answer to any is ‘yes’, they will understand the problem we address:

    1. Would you like to enjoy a life free from disputes, litigation, and courts?
    2. Do you want to secure yourself, so nobody drags you to court?
    3. If you have a dispute, would you not like to resolve it quickly, reasonably and efficiently?

     

    DON’T YOU THINK THE GOVERNMENT IS AWARE OF THE PENDENCIES AND IS UNCLOGGING THE OVERBURDENED JUDICIAL SYSTEM?

    Undoubtedly. When I first spoke about confidence provided by our leaders, that included our leaders in the profession as well as those in the government. Lok Adalats, infrastructure improvements, E-Court Mission, encouraging ADR, commercial courts, state and national litigation policies, etc. are long strides in the right direction.

    While I believe that India is in extremely capable hands, it is also important to understand that, for India to tackle this grave problem, a concerted partnership is required between all stakeholders – potential and existing disputants, governments, judiciary, professionals and facilitators like us. This will ensure that only those matters worthy of the courts’ attention and judicial resources will find a place on the docket, while the remaining are dealt with in a systematic, civilized and optimal manner. This way, courts can dispense justice, governments can govern, businesses can flourish, and the citizens can enjoy a stress-free life.

     

     

    WHAT IS YOUR VALUE PROPOSITION AND WHO IS IT FOR? WHAT IMPACT WILL YOUR SOLUTION HAVE?

    Presolv360 is a unique dispute management platform that blends technology, human expertise, and innovation to provide effective dispute prevention solutions, collaborative dispute resolution mechanisms, fast-track and cost-effective alternatives to courts and protection from uncertain outcomes and adversities. This makes Presolv360 the first of its kind across the globe!

    Our services include:

    1. PresolvReview: Preventing disputes is one of the key objectives of Presolv360. With PresolvReview, our expert will review your agreement from a dispute prevention standpoint and make suitable suggestions and recommendations so that you can enjoy a dispute-free relationship and a hassle-free life.
    2. PresolvSecure: This is a plan that secures you from adversities of disputes that arise in a contractual relationship. For a small annual fee, the parties can safeguard themselves from prohibitive costs, traumatic experiences, time-consuming processes and ruined relationships, and instead ensure a speedy and effective resolution by our empaneled experts, at no additional costs.
    3. PresolvDirect: We assist parties in resolving existing disputes (whether pending in court or likely to be submitted to the court), in a collaborative environment.

    At the centre of this, all is a seamless, integrated tech platform accessible from your desktops, laptops or mobile devices to ensures affordability, convenience, efficiency, and effectiveness. The beneficiaries of this system are unrestricted, be it individuals, businesses, institutions or even governments.

    This dispute management ecosystem will have a far-reaching social and economic impact.

    – From taking an average 13 years for disposal of a case, to collaboratively resolving a dispute within 3 months.

    – From expending lakhs of rupees in litigation to resolving disputes at a fraction of that amount.

    – From uncertain outcomes and irreparable loss to certainty of resolution and conserving resources.

    – From litigation ruining relations to safeguarding them … this is the impact of Presolv360

    We have also launched the ‘Presolv for All’ Project that extends the services of Presolv360 free of cost to weaker sections and low-income groups to ensure that we, as a community, can enjoy a litigation-free future.

     

    WHAT ALL HAS GONE BEHIND THE MAKING OF PRESOLV360 AND PLEASE INTRODUCE YOUR TEAM TO OUR READERS.

    The learning never stops, nor does the evolution of Presolv360 and its team. I can only give you a glimpse of the groundwork undertaken, and I can assure you that our efforts, to constantly improve by reflecting on feedback from our stakeholders and the incessant spirit of innovation, will never cease as it is ingrained in every member working at Presolv360.

    You may know that dispute resolution has its roots in the Vedic age and this has been entrenched in our village system. That’s where we began, our research and studies ranged from India’s gram panchayat system to international diplomacy, from traditional dispute redressal machinery to sophisticated global practices. After this theoretical escapade, it was time to understand contemporary challenges. We undertook an ‘Appeal for Change’ survey where we interviewed over a thousand people from different walks of life to understand all the facets of disputes. It is on this robust foundation that we built and designed the Presolv360 platform.

    Along with me, Namita Shah and Aman Sanghavi are the cornerstones of Presolv360. While Namita is a lawyer, chartered accountant and a CPA from the USA, Aman hails from the insurance and management background and is also a Certified Mediator from IICA, Ministry of Corporate Affairs. Presolv360 is guided by a distinguished Board of Advisors and Mentors comprising of

    1. Ashok Barat, former Managing Director, and CEO, Forbes and Company Ltd. He is currently on the Board of several listed companies and is passionate about making mediation the primary form of dispute resolution.
    2. Tanu Mehta, Legal Counsel, Mediator and Conciliator recognized by the Bombay High Court and is an MA in Conflict Resolution & Mediation from Tel Aviv University, Israel.
    3. Rajani Iyer has been designated a Senior Counsel by the Bombay High Court and is a Mediator with over 4 decades of experience in dispute resolution.

    Presolv360 is powered by a team of fifteen members (including six dispute resolution and legal experts) with an unbreakable spirit and the determination to change the way India and her citizens deal with disputes.

     

    HAVE YOU RECEIVED ANY RECOGNITION SO FAR?

    Presolv360 won the ‘Start-Up Excellence Award for Technology-Enabled Dispute Management & Redressal System’ at the Indian Startup Convention (ISC) 2018. The ISC recognizes those organizations and individuals who have changed or have the potential to change the face of their respective industry. We were also shortlisted for ‘Power of Ideas’ – India’s largest entrepreneurship program. Facebook, Economic Times, Department of Science and Technology, Government of India and CIIE, IIM Ahmedabad conducted this program and received over 6500 business ideas out of which 358 were shortlisted.

    The Presolv360 team has discussed the applicability and benefits of its services with officials from the Ministry of Commerce and Industry and the Ministry of Law and Justice, Government of India. Presolv360 is privileged to be recognised by the Ministry of Law and Justice, Government of India, as providers of dispute prevention and protection services, online dispute management, negotiation (online and offline), neutral evaluation (online and offline), mediation (online and offline) and is now listed on the website of the Department of Justice. Besides, Presolv360 has also been recognised as a qualified startup under the Start-Up scheme of the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India.

     

    HOW DID YOU GET THE MINISTRY TO RECOGNIZE PRESOLV360?

    The Presolv360 team made representations to the Ministry of Commerce and Industry and the Ministry of Law and Justice, Government of India. To our delight, the officials were extremely forthcoming, encouraging and provided us with insightful feedback. Following these representations, Presolv360 was listed on the website of the Department of Justice, as providers of dispute prevention and protection services, online dispute management, negotiation (online and offline), neutral evaluation (online and offline), and mediation (online and offline).

    ‘Startup India’ is a flagship initiative of the Government of India, intended to build a strong ecosystem for nurturing innovation and startups in the country that will drive sustainable economic growth and generate large-scale employment opportunities. From tax exemptions to self-certification, from credit and funding access to rebates in patent applications, this initiative is definitely a boost to the ‘ease of doing business’ objective. Presolv360’s application was accepted by the Department of Industrial Policy and Promotion since we are working towards innovation, development, and improvement of dispute management services with a scalable model and high potential of employment generation and wealth creation. If any of the readers satisfy the eligibility criteria, I would recommend they apply under the scheme and take advantage of the benefits of a recognised startup.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    We are all ordinary people until we master one extraordinary power – the power of choice. The choice to hold on or to let go, the choice to give up or to be relentless, the choice to follow or to lead, the choice to destroy or to rebuild, the choice to go to courts or ‘to presolv’ – choose wisely.

    You can get in touch with me at bhaven@presolv360.com and visit https://www.presolv360.com/ for more information.

     

     

  • Siddharth Acharya, Independent Counsel, on challenges of litigation, planning internships, and directing documentaries

    Siddharth Acharya, Independent Counsel, on challenges of litigation, planning internships, and directing documentaries

    Siddharth Acharya graduated from Government Law College, Mumbai in 2014. After a very brief stint at Oasis Council & Advisory and Khaitan Legal Associates, started his own independent practice before Supreme Court of India & High Courts and various forums like the National Company Law Tribunal, National Company Law Appellate Tribunal and Securities Appellate Tribunal.

    In this Interview, we speak to him about

    • His formative days as a transactional lawyer;
    • His transition from a transaction lawyer to a litigator;
    • His fondness for directing films and his documentary “The Abandoned Cranes” which received attention across the globe and
    • His inclination towards working for think-tanks on various public policy related works.

     

     

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    Rather than calling myself as a Super-Lawyer, I will introduce myself as an independent practising super-struggling lawyer who is out there to carve a niche for himself in the Meccah of litigation which is New Delhi. I am in process of building my practice brick to brick here and intend to become Advocate on Record in future. I take up consumer matters pertaining to Insurance and company matters pertaining to Insolvency and Bankruptcy as I personally believe consumer forum and National Company Law Tribunal are the best places where you shall start arguing and it is quite heartening to see how encouraging Judges these days encourage you to speak in court. It is an organic process and takes time but yes I am out there to work hard and learn something daily.

     

    TELL US ABOUT YOUR PRE COLLEGE LIFE. WHAT MADE YOU DESCEND TOWARDS LAW?

    I was an above average student of Bikaner Boys School. During my school days I had keen interest in quizzing, cricket and debates. I was not a rank holder in my class but I use to get decent grades and use to secure highest marks in History and Political Science. My other interest was the theatre which I used to pursue in my school and read novels and plays of Shakespeare, Munshi Premchand, Anton Chekov, Fyder Dostoevsky and George Bernard Shaw. My great-grandfather was a District Court Magistrate and a prestigious senior lawyer in Bikaner. I still have fond memories of seeing him in the profession. He was a voracious reader and had garnered a lot of respect in the legal fraternity of Bikaner. He used to do a lot of pro-bono work and his stature and prestige stayed in my sub-conscious and has a lot of impact on me even till now. Law as a profession did not come to me as a natural choice, I was clueless and confused after my school on what to pursue. I secured admission in reputed Biotechnology College in South and Agriculture University and wanted to prepare for Civil Services but back in 2009 CLAT was gaining a lot of popularity among the youth in my hometown. My cousin ended up securing job in her campus placement in SEBI after finishing her education from National Law School, Jodhpur and suddenly word of mouth spread in the family that if you wish to have a successful professional life and end up in a dignified post after your graduation then it is the best time to pursue law.

     

    WHO WAS YOUR MENTOR, OR MAIN SOURCE OF INSPIRATION WHO MOTIVATED YOU ALL ALONG THE WAY?

    There are various people who have motivated me in the journey. My initial mentor was Mr. Dinesh Shripat who is my uncle and he had persuaded me to take up law as a career. After I finished graduation, I started working with Mr. Haresh Jagtian in Mumbai. His flamboyance, articulation, magnanimity and charisma is infectious. I really consider him as an institution and one can learn a lot from him be it law or life. His understanding about subjects like Jurisprudence, Evidence and Constitution is exceptional and I was fortunate to have been associated with him directly on PIL which he had filed against the State of Maharashtra on criminalising possession of beef. I got to work with various legal and constitutional jargons of Bombay High Court Bar including likes of Aspi Chenoy and Navroz Seerwai.

    Another person from whom I garner a lot of inspiration is Mr. Sharan Jagtiani and Mr. Somasekhar Sundaresan, both of them are among the most sought after counsels in the fraternity. At their age, if I achieve even a fraction of their accomplishment, I would consider myself successful. Mr. Sakate Khaitan, Managing Partner of Khaitan Legal Associates and Mr.Yogesh Chande from Shardul Aamarchand also have a strong influence on me professionally.

     

    HOW WAS YOUR EXPERIENCE AT GLC, MUMBAI? WHAT WERE YOUR AREAS OF INTEREST IN THE LAW? DID YOU ENGAGE IN EXTRA-CURRICULAR ACTIVITIES WHILE IN COLLEGE?

    GLC taught me to be independent and courageous. I was a young naive boy who was going through everyday cultural shock as the transition from a small place like Bikaner was a bit painful to go through. I got to intern with various law firms like Junnarkar Associates, AZB and Partners, J Sagar Associates, Luthra to name a few. I found the firm environment extremely challenging and intimidating and to be honest did not really enjoyed it. Coming from a small place and fear of survival mounting on my head in a super-expensive city like Mumbai, I did not have the courage to take up litigation immediately after graduation so reluctantly I decided to join the firm.

    My area of interest was Investment Laws especially Securities as I had obtained post graduation diploma also in it but what really intrigued me was Constitutional Law. I started watching ShyamBenegal’s series Samvidhan on YouTube which covers the constitutional debates that took place in Constituent Assembly before India became Republic in 1950. My love for politics helped me to understand the contemporary political problems of this country along-with nuances and intricacies involved in the drafting of the most sacrosanct document of the nation. The upheaval and challenges which founding fathers of the Constitution must have had gone through. Understanding the entire process made me aware about the importance and indispensability of Constitution to run such a diverse and pluralistic democracy.

    I was engaged in extra-curricular activities like Model United Nations and authored a paper those days on problems faced by Muslim women in India. I also did Moot Courts and Model United Nations. But what I liked doing the most was debates.

     

    DURING YOUR LAW SCHOOL YOU HAD DIRECTED VARIOUS SHORT FILMS AND DOCUMENTARIES ONE OF THEM WAS THE ABANDONED CRANES WHICH RECEIVED ATTENTION ACROSS THE GLOBE. COULD YOU PLEASE TELL US ABOUT THE DOCUMENTARY AND YOUR CHALLENGES WHILE PREPARING THE SHORT FILM?

    (Siddharth’s documentary The Abandoned Cranesgot screened at the House of Commons and was screened at Brussels in European Union Headquarters. He has addressed the British Parliament and French Parliament on the socio-economic concerns that hound the Kashmiri Pundits. )

    The Abandoned Cranes was a subject which I would say I had lived with for many years before making it. It was a 52 minute comprehensive documentary film based on Jammu and Kashmir conflict. It was an earnest attempt to sneak into the genesis of political problems in the state of Jammu and Kashmir after the rigged elections that happened in the state in 1986. I also traced reasons on how militancy mushroomed in the state thereafter making Kashmiri Pandits leaving their homeland and also analysing Armed Forces Special Powers Act and Public Safety Act. It took me eight months to complete it and interesting fact remains that I did not inform my parents about the making of film and shooting in Kashmir along-with likes of Yaseen Malik and Bitta Karate (dreadful militants of those times) and other surrendered militants. The film was appreciated at various human rights film festivals and I got an opportunity to speak at House of Commons. I came across various challenges as I had literally risked my final year of law in terms of grades and thereafter my career. From shooting till editing I was a learner myself as I did not come from film-making school but I was so deeply entrenched into it that I could not think of anything else at that time. My parents were apprehensive that this would spoil my career as I was not making it with any commercial interest and had abandoned my regular studies for a while. Finishing documentary itself was an accomplishment and I am really glad that it was appreciated by people all around.

     

    WHAT ARE THE CAUSES YOU FEEL STRONGLY ABOUT?

    I am extremely sensitive towards the plight of people who cannot afford basic medical facilities and health care. The State plays an important role in providing free medical services through health insurance cards but under the guise of schemes like Rashtriya Swasthya Bima Yojana and Mukhyamantri Swasthya Bima Yojana of States, people have been cheated and most of the premium released by government is siphoned off by the private hospitals and Bureaucrats. The lackadaisical attitude of Bureaucrats in resolving the issue and being insensitive towards them is something I am willing to take up soon in Court of Law.

    I am also extremely sensitive towards what is happening today in State of Jammu and Kashmir. The youth in Kashmir today feels oppressed, marginalised and victimised and rants anti-India slogans. Due to poverty and various other reasons, youth there feels completely disconnected with rest of India. On a personal level, I have taken an initiative where I have hired a law graduate Suhail Ghanie from Kashmir University as my sub-ordinate and in coming years will be giving internships to Kashmiri youth. If my practice picks up more in coming years then I will be doing the same experiment in naxal affected areas and other troubled areas. The time has come where new generation in conflict areas have to be psychologically integrated with our country. If they get exposure to justice mechanism and get aligned to the mainstream which other youngsters do then only they will be able to subscribe to the idea of unified India.

     

    YOU HAVE DONE SO MANY INTERNSHIPS. PLEASE TELL US HOW FAR DID YOUR INTERNSHIPS DURING LAW SCHOOL HELP YOU IN YOUR CAREER AFTER YOUR GRADUATION? HOW WOULD YOU RECOMMEND THE PRESENT LAW STUDENTS PLAN THEIR INTERNSHIPS?

    (Siddharth has interned at the Chambers of Mr. Harish Salve, Senior Advocate, Luthra and Luthra (Law Offices), J. Sagar Associates, AZB & Partners, Anand and Anand, Crawford & Bayley Co and various other places.)

    Numerous internships actually helped me to analyse myself. It helped me to understand my mettle as a lawyer. What I am suited for and what I am not suited for? Like for an example during my stint in J Sagar and AZB, I realised I can’t become a good transaction lawyer. Those internships and small conversations with accomplished legal luminaries helped me to unleash my own calibre and understand that everyone here is gifted with some ability or the other. Like I remember this encouraging conversation coming from a Senior Partner of a reputed law firm, where he said these words “Every law firm intern wants to take up a corporate job and gets disappointed thinking he does not deserve it. We hire people not only considering the merits but also deeply pondering on the entire thought process of the candidate as to whether he or she will able to acclimatise to the working environment of the firm. We tend to not imbibe free thinkers in the firm. That does not mean we don’t like the candidate or we feel they are good for nothing. Someone who has it in him or her will definitely find the path and next five to seven years decide whether you have it in you or not.”

    Also your internships dismantle various myths and pre-conceived notions legal career and teach basic jobs like filing, co-ordinating with court-clerk, adapting to the chaotic phases in the litigation. In the process, you learn to value everyone working around you. What it teaches you the most is discipline and if you get the right mentor then there is no stopping for you.

    I would suggest law students to try their hands in various fields in initial years so as to understand and grasp the nitty-gritty of various things and analyse your potential. It will help discovering themselves.

     

    HAVE YOU EVER FELT THE NLU AND NON- NLU DIVIDE? DO YOU THINK IT IS A CONSIDERATION FOR EMPLOYERS?

    It is quite unfortunate that it exists in the fraternity and it is a harsh reality. I am an ardent supporter of non-NLUs as during my own college days, I was a victim of this class divide. Like I remember interning in a premier law firm, the Partner of the firm always use to encourage and delegate work to associates from a specific university where he had passed out from. I am not saying this exists everywhere but employers do prefer N schools and there is a clear bourgeoisie-proletariat kind of divide and they are ruling the roost in firm recruitment. N-school graduates do have an advantage in terms of placement and recruitment but ultimately it is non N-school candidates who emerge more successful in the long run as the vision of N-school alumni do not go beyond campuses and big corporate towers.

     

    HOW DID YOU SECURE YOUR FIRST JOB? HOW IMPORTANT DO YOU THINK A HIGH CGPA IS FOR RECRUITERS?

    All thanks and regards to Mr.Haresh Jagtiani who had given me a chance in his law firm.

    Recruiters and HR in our country feel CGPA is the most sacrosanct thing in a student’s life, securing important CGPA is very important as it shows how diligent and focused a student is.

     

    WHY DID YOU MAKE A TRANSITION AFTER WORKING AT CORPORATE FIRMS TO PURSUE A CAREER IN LITIGATION?

    I would say circumstances got me into private practice as neither I come from an established legal background nor I am a local Delhi boy or Bombay boy. My fate offered me the opportunity and I could not succumb to the temptation. Litigation and arguing in court gives me more thrill than sitting and working for hours on a long draft and activist bent of mind helps you in litigation more than corporate.

     

    WHAT WERE THE STRUGGLES THAT YOU FACED AS AN INDEPENDENT COUNSEL?

    I am facing struggles on a daily basis as most clients do not tend to take you seriously when you are in your twenties. You get to do matters which have small stakes and the appeals which you receive from lower courts and commissions and has already been decided against your clients. These matters are called ventilator matters and they make you an expert at condoling people. But honestly, no fat cheque can match the happiness which you get after a favourable order in the court of law.

     

    WHAT INCLINED YOU TOWARDS PROPOSING, DRAFTING, FRAMING AND SUGGESTING ON VARIOUS PUBLIC POLICY RELATED WORKS FOR THINK TANKS AFFILIATED TO GOVERNMENT OF INDIA?

    (Siddharth has worked on various policy related work pertaining to Life Insurance and General Insurance and regularly gives legal inputs to the Department of Financial Services, Finance Ministry and Health Ministry on National Health Protection Policy.)

    What really made me inclined towards public policy was an unfavourable order I got from Chief Justice K.M. Joseph of Uttarakhand High Court. This was a PIL filed in September, 2016 where I had brought irregularities to the notice of the Court about how tender processes are rigged in the health sector and beneficiaries of healthcare schemes are not getting benefitted at all due to poor claim settlement ratio thanks to private hospitals. Uttarakahand at that time did not have any tertiary level treatment hospital which could cater heart transplant and cure for serious diseases. I realised it was the time to take a plunge to counter the nexus between bureaucrats, politicians and businessman who will destroy the healthcare system of the country. Healthcare being dormant yet important sector is the pillar of modern India. If the system fails to provide it to the needy then what is the difference between India and a remote third world country in Africa.

     

    WHERE DO YOU SEE YOURSELF TEN YEARS FROM NOW?

    Honestly speaking I am not that foresighted, I intend to do in what comes to me and rise gradually. I would like to be known as an upcoming lawyer in constitutional courts seeing myself arguing on various constitutional matters.

     

    WHAT WOULD BE YOUR PARTING WORDS TO OUR READERS, WHO ARE PREDOMINANTLY LAW STUDENTS AND YOUNG LAWYERS?

    Have faith in yourself and keep going. There will be moments of highs and lows in your professional career. Stop comparing yourself with your contemporaries or taking a keen interest in their monthly earning and packages and keep experimenting.