Super Lawyer

Tag: Litigation

  • Nidhishree Venugopal, Independent Practitioner, on building a career in litigation

    Nidhishree Venugopal, Independent Practitioner, on building a career in litigation

    Nidhishree Venugopal graduated from the University Law College, Bengaluru in the year 2005 and has been practicing as an Advocate before the Trial Courts, High Court of Karnataka and various other forums within and outside the State, ever since. She is a gold medalist and rank holder of the batch of 2005 across Bangalore University. Additionally, she has a post graduate diploma in Intellectual Property laws from the National Law School of India University, Bengaluru and a post graduate diploma in Media Laws from the National Academy of Legal Studies and Research, Hyderabad.

    She has an independent law practice that focuses mainly on civil, constitutional and commercial cases. These include matters relating to constitutional law, civil law, company law, arbitration, intellectual property, contracts & tenders, employment law, succession, etc. She is on the panel of the Karnataka State Legal Services Authority, High Court of Karnataka and a visiting faculty at COMMITS Institute of Journalism & Mass Communication teaching post graduate students Constitution and Media Law.

     

    In this interview she talks to us about:

    • What should a law student do to shape up his profile for litigation?
    • Necessity of a mentor or guide to handhold a young lawyer.
    • Her experience when she appeared in the court for the first time.
    • Difficulties faced in the early days of practice.

     

    What prompted you to think of law as a career?

    As I finished school, I gravitated towards writing and journalism. I contributed regularly to the youth pages of the Indian Express and the Times of India. I was a reporter for a couple of years at a local fortnightly magazine called ‘Nagar Life’. I applied and got accepted to the Communicative English graduate program in Mount Carmel College. Just a three year ‘B.A.’ did not seem like a strong enough degree to hold its own and I settled on law as a ‘safe’ option, with a 5 year ‘B.A.L., LL.B’, which sounded more robust to me, at that time. I also thought I could do a masters in journalism and switch streams, at a later point, if need be. So, law happened as a safety measure!

     

    How were your years in college? Did your study prepare you in any way for real life practice in courts?

    My batch was the last batch of ULC that had its campus in the heart of Gandhinagar, Bengaluru. Attendance was not too stringent and I made the most of it. I worked part-time with my drama teacher from school, going to various schools in the city, teaching them drama techniques. I was part of a student organization AIESEC, which is an international student exchange programme run exclusively by students. I mooted right from the first year to my final year. I did only two internships in college and both lasted a year. I interned with Poovayya & Co. in my fourth year and with Mr. Aditya Sondhi, Advocate (as he was then), in my final year. These internships were quasi-jobs, travelling beyond research and Court visits. I guess, it helped that I stayed on beyond a month (as is the regular tenure of an internship), making it easier for both to entrust me with more than piece-meal work.

    The syllabus that one studies does not exactly prepare one for practice in Courts. This was the case then, I suspect it is the case even now. We had practical subjects such as client counseling, moot court and court visit in our fourth and final year, which was not sufficient exposure, in my opinion. But then, Court is a different beast. No amount of theory/ academic inputs can prepare one for actual practice. Every day is different.

    How did you decide to pursue litigation? Were you considering any other opportunities?

    In college, I briefly thought of getting into corporate law. Both my internships were litigation internships. A month before my final year exams, I decided to stop interning, to study. On the last day of my internship, I asked Mr. Sondhi if he would consider offering me a position in his chambers. He said yes, my decision to litigate was made. Whether this decision was something I would stick by, was not clear to me, at that point.

    I told myself that I would give litigation a year and move to the corporate side if it did not agree with me. The first two years of litigation were overwhelming and exhausting. The long hours and the pressures of Court took a while to adapt to. It was not easy drawing a modest salary, when one’s corporate peers were earning 5 times that. The fact that your actions could determine the outcome of cases was also daunting.

    As I settled into the rhythm of litigation, practice was fun. The work varied from day to day and the excitement was unfailing. I enjoyed interacting with clients, meeting people from different strata of society and the thrill of appearing in Courts. My favourite analogy for litigation is a medical doctor’s practice- a patient comes to you with a problem, you diagnose the illness, you treat the illness, you cannot always guarantee that the same treatment would work for all patients- it works for some and it doesn’t for others, and you accordingly alter the course of treatment- the goal is to treat your patient successfully, within accepted professional parameters.

    It has been a little over 11 years and litigation still holds my interest.

     

    What should a law student do in your opinion to shape up his profile for litigation?

    Choose litigation internships. Moot. Read extensively. Having said that, I know of good practicing Counsel who have not interned or mooted during their student days but who are stellar at their work now. It is like learning to swim, the baby pool / floaters will only get you so far. You can only swim when you are in the deep end. Litigation internships may tailor your aptitude for the real thing.

    How important do you think mooting and academic writing are for a law student aspiring to become an advocate?

    Mooting may give a student a glimpse into Court, in that it involves preparing memorials, formulating points of law, formulating arguments and finally ‘presenting’ this before ‘judges’. Academic writing may equip the student with research and analysis skills, in examining a point of law thoroughly.

    However, in Courts it is very rare that the Advocate gets an uninterrupted period of time to present her case and questions posed by the Bench may not be part of one’s brief and are not in sequence. Also, unlike in a moot, in practice, the interest of your client will weigh heavily on your strategy and approach. Further, pleadings in a case are to be concise and to the point, with verbosity being its death knell. It is important to recognize the difference in actual practice. As an aside, if your peers and seniors at the Bar and Bench label your submissions as ‘Moot-court’ style of submissions, it would be a left-handed compliment, which you would quickly want to lose!

    Many students aspire to practice at the Supreme Court and High Courts. Should a student first practice at the trial court to learn the nuances, or is it fine to start at a High Court itself?

    I earned my stripes in the Trial Courts, right from drafting of pleadings to the conduct of full-fledged trials to final arguments. This has helped me tremendously now in my own practice. No matter where one starts her practice, it would be extremely useful to know how original trial jurisdiction works.

     

    How necessary is it to have a mentor or guide to handhold a young lawyer while still in the formative years of the profession? Did you have one?

    Since I joined Mr. Sondhi’s chambers when he had just started out independently, I had the accidental opportunity of being involved in building a practice, file by file. A lot of my values and beliefs have been shaped in the time I worked with him and he continues to be my mentor and friend, to this day. The profession is fulfilling and honourable, but at times, can prove to be treacherous. So it is important to have the right moral compass instilled to navigate it. There have also been several senior members of the Bar and colleagues who have in some way or the other helped me in my initial years and continue to guide me. You will find mentors and friends in the unlikeliest of unlikely places. I have found that members of the Bar are ready to help, if you approach them. One just has to break the ice.

     

    Describe your experience when you appeared in the court for the first time?

    I was given a service matter in the High Court, where all I had to submit was that my client was a formal party and no relief could be granted against my client. The case was called out. I entered appearance for my client. The Counsel for the Petitioner argued. The Counsel for the contesting Respondent argued. The Judge proceeded to allow the petition, granting reliefs against my client as well. I remained standing, and mute. Much to my horror, a month later, the Petitioner filed a contempt petition against both my client and the contesting Respondent and I had to face the ignominy of cowering behind my Senior, while he extricated the client from the pickle I had put it in.

    What were the difficulties you faced in the early days of your practice?

    Practice is challenging. Independent practice, moreso. An independent practitioner is a Counsel, an entrepreneur, an office manager, an HR executive, an accountant all rolled into one. I don’t think these challenges go away. With time, you just learn to adapt to these challenges, better and better. On my first day of independent practice, the Judge asked me to bring my ‘senior’ for arguments, when I stood up to argue a case. It is a different matter that even when I was attached to my Senior’s chambers, he was confident enough to entrust the conduct of the entire case to me! Just a few days ago, a client who came to meet me for the first time candidly said, ‘I expected you to be a lot older.’ I have had a few experiences where prospective clients have been hesitant to entrust their matters to me, as I am a woman. However, these instances have been few and far between and I have been fortunate enough to have clients who have looked at my abilities, rather than my age or gender. It is not that the profession is stacked against women or young lawyers, but it is that there has been a status quo-ist state of affairs, for decades now. More women are coming in. More young lawyers are striking out on their own. Slowly, things are changing. We are learning to adapt.

     

    What would be your parting advice to our readers?

    While I understand that litigation is not the only career option for a law graduate these days, I also find it saddening that an increasing number of students are opting out of practice, a tad too hastily. Litigation is hard, yes. But if our medical students said studying medicine takes too long, practicing medicine is hard and the pay is too meager, we would have no doctors. Litigate and engage with the judicial system.

  • Ritesh Maity, Litigation lawyer, on practising in the field of Labour and Industrial Law

    Ritesh Maity, Litigation lawyer, on practising in the field of Labour and Industrial Law

    Ritesh Maity graduated from University of Calcutta (2002-2007). He is practicing as a labour law advocate in Kolkata jurisdiction. He is specialized in dealing with various labour matters/ industrial disputes before the Learned Labour Courts, Industrial Tribunals, Employees’ Compensation Courts, Employees’ Insurance Court, and Payment of Wages Court etc. He has also represented clients before various controlling authorities dealing with payment of gratuity, wages and conciliation procedures.

     

    In this interview he talks to us about:

    • His life at University of Calcutta.
    • The co-curricular activities he participated in.
    • Why he focused primarily on industrial disputes along with consumer forum matter.
    • Advise for law students who start to prepare for their career while in Law College.

     

    What would be a brief introduction of yourself? 

    I am 33 years old, born and brought up in Kolkata. Apart from being a lawyer, a son and a husband, I love being a traveller, trekker, music lover and a hardcore movie watcher.

     

    Was it a childhood dream to take up law? What motivated you to pick this field? 

    I only thought of joining law school after my 10th. A cousin heavily influenced me to join law and guided me but surprising he never pursued career in law in spite of studying law.

     

    How was your life at University of Calcutta? Did you find that your law school education prepared you for your current life? 

    Life at the university was as usual. The initial interest (in the first year) was huge but I was dying to complete the course in the final year (fifth year). It is too boring to study law for five years with the same classmates. Calcutta University does not provide you much in terms of practical experience. If you want to become a litigating lawyer, you have to start from zero once you join the court. Frankly speaking, the university from where you have studied law does not matter in practical sense unless you want to bag a lucrative corporate job.

     

    What were the activities you were a part of at your college? 

    I participated in few moot courts, practical training in the court (but this was useless as you cannot understand or learn by visiting court for just a week) and participated in few legal awareness camps around rural Bengal.

     

    What made you get into the legal practice? 

    After completion of law, I did not want to join any firm or company. I wanted freedom and thus started practicing (although under a very able senior counsel) and I could not stop myself from continuing it.

     

    What made you focus primarily on industrial disputes along with consumer forum matter? 

    I was always interested in Human Resource and Industrial relations and somehow I got the opportunity to practice in this field of labour law and industrial law and the things just clicked. With due respect practising at consumer forum is slightly easier I believe. Once a client of mine whom I was assisting in the industrial disputes matter asked me to help him in a consumer related matter. I agreed to help and since then it is a history.

     

    What falls within your scope of responsibility? 

    Since I am a litigating lawyer, I have to handle the client as well as handle the Learned Judge. Entire responsibility is on me; how to convince and satisfy a client; how to draft, appear, plead, argue before the Judge; A to Z is done by me but yes there are clerks to help too.

     

    How competitive would you say the legal profession was when you entered it has it changed since then? 

    Legal profession is vast. You cannot really compare a corporate lawyer with a litigating lawyer or someone who does only registration of sale deeds or to a solicitor. Whether you are practising independently or drawing huge salary from a corporate house or engaged with a reputed law firm, every situation has its pros and cons. You have to decide what you want out of your profession (as well as your life). Competition in the field of law is huge, but fortunately there is lack of efficient competitors.

     

    How do you balance your professional life with your personal life given the heavily demanding working hours of the profession you have chosen? 

    Since I do not have any fixed working schedule, I may remain free or less busy during weekdays but I can be overburdened during weekends when family members expect me. This is a very tricky situation and you have to handle very carefully and smartly. Since I work from home office, at least I am able to remain in the house with my family members in spite of being busy.

     

    How would you advice a law student if one has to start on to preparing for a career while in college? 

    First decide why you want to study law. If you want to join a corporate job or want to earn high end salary then you have to join top law schools in India. If you want to be a litigating lawyer then remember that you have to work really hard for initial 10-15 years in order to be somewhere at least.

     

    Please share with us your journey so far. 

    So far so good both my learning as well as earning is in the upward curve. And being a litigating lawyer, I can make plans for travel and treks easily as I approve leave to myself.

     

    What would be your parting message to our readers?

    Be in this profession (or any profession) only if you love it.

  • Ramakant Gaur, Partner, Ace Jurix, on work experience in litigation at Ace Jurix

    Ramakant Gaur, Partner, Ace Jurix, on work experience in litigation at Ace Jurix

    Ramakant Gaur graduated from Chaudhary Charan Singh College, Meerut in 1995. He is a game changer, defense lawyer for the complex litigations of Economic-Corporate-real estate disputes involving the criminal laws. He examines the matters closely like an investigator; ponders the prosecution’s point of view and then envisions the strategy for the defence, with his substantial experience.

    He has excelled in prosecution cases instituted by the Indian Dept. of Customs & Central Excise, Directorate of Revenue Intelligence (DRI), Directorate General of Central Excise Intelligence (DGCEI), Central Economic Intelligence Bureau, Enforcement Directorate, Economic Offense Wing and Crime Branch of Multi State Jurisdictions, Income Tax dept. etc. He has efficaciously pleaded as defence attorney, in the cases involving prevention of money laundering laws, Corruption laws & anti-drugs laws.

     

    In this interview he talks to us about:

    • The ways in which money laundering takes place.
    • Laws before and after Prevention of Money Laundering Act, 2002.
    • Lessons to be learn from various financial scams in India and abroad.
    • Role of national and international agencies to curb issue of money laundering.
    • Preventive measures taken to curb the flow of black money.

     

    What are the ways in which money laundering takes place? 

    Money laundering is a way to filter and convert ill-gotten money and conceal its illegitimate source so that it appears that the original source is a legitimate one. It is prevalent in many forms world-wide such as Hawala transactions, shell companies, terror financing, smurfing, etc. The scamsters or the money launderers generally follow these three steps, firstly, Placement of the proceeds of crime into the financial system, followed by Layering or doing away with the original source of illicit funds, and then Integrating the same into the financial system.

     

    What are the laws before and after Prevention of Money Laundering Act, 2002? What major amendments took place?

    Until 2002, several authorities under IT Act, Benami transactions Act, etc. adjudicated over the issue of money laundering, but with the alarming rate of transnational criminal financial activities, a need for holistic legislation gave way for the enactment of PMLA 2002. It has the provisions for the confiscation of tainted properties and was amended thrice, first in 2005, then in 2009 and then 2012. The PMLA (Amendment) Act, 2012 has enlarged the definition of money laundering by including activities such as concealment, acquisition, possession and use of proceeds of crime as criminal activities. Some other features are as follows: The amendment has introduced the concept of Corresponding law to link the provisions of Indian law with the laws of foreign countries and to provide for transfer of the proceeds of foreign predicate offence committed in any manner in India. It also adds the concept of ‘reporting entity’ which would include a banking company, financial institution, intermediary or a person carrying on a designated business or profession. The Prevention of Money Laundering Act, 2002 levied a fine up to Rs 5 lakh. The amendment act has removed this upper limit. The act has provided for provisional attachment and confiscation of property of any person (for a period not exceeding 180 days). This power may be exercised by the authority if it has reason to believe that the offence of money laundering has taken place. Part B of the Schedule in the erstwhile Act included only those crimes that are above Rs 30 lakh or more whereas Part A did not specify any monetary limit of the offence. The amended act has brought all the offences under Part A of the Schedule to ensure that the monetary thresholds do not apply to the offence of money laundering.

     

    What are the objectives of Prevention of Money Laundering Act, 2002? 

    The Act was introduced in order to combat and deal with the menace of Money Laundering and incidental activities in the nation in lines with India’s international obligation under the UN General Assembly’s resolution adopted in its Political Declaration and Global Program against Action. The Act majorly provides for the confiscation of the property obtained out of the proceeds of crime. It also imposes various obligations on banks, financial institutions and intermediaries to maintain records of all cash transactions. As the basic principles of evidence say that the burden to proof is on the part of the prosecution to prove the, this is the only statute where the onus lies on respondent to prove the legit source of income.

     

    Please share with us the success story of PMLA so far in the light of judicial pronouncements. Highlight some scandals and case studies.

    The PMLA has played undoubtedly played a deterrent role when it comes to combat/curb the menace of money laundering. The Enforcement Directorate, with the vigilant efforts made by FIU, CBDT, CBI, RBI and SEBI has confiscated crores of movable and immovable properties in the span of few years which were allegedly obtained from the proceeds of crime. It has spared absolutely nobody. From two tier-city businessmen to  top-notch names have find a mention in the hit-list of ED such as Vijay Mallya, Chagan Bhujbal, Subhrata Roy to name a few. As per the statute, ED has also attached properties situated abroad. The latest highlights being Augusta Westland case, Kingfisher fiasco, NSEL case, Kartik Chidambram and many more. ED has been absolutely ruthless in cracking down these alleged people.

     

    What are the lessons to be learnt from various financial scams in India and abroad? 

    To name any financial debacle in particular, would be an understatement. India has seen the infamous Hawala transactions, Satyam scam, chit fund scams, Ketan Parikh and Harshad Mehta, to name a few. They admonish towards the fact that banks and financial institutions have to be brought under the radar of regulatory and enforcement agencies. The cash transactions also have to be dragged under certain threshold limits.

    The success of RICO Act of USA, originally used to prosecute US Mafias US involved in organised crimes during 1980s, led to number of trials and convictions. It has a strong harmonious network with various enforcement agencies. On similar lines, creation of SIT on black money as a watchdog has taken a leap in investigation of black money in and out of India. As per the latest report of SIT, the data provided by the enforcement authorities shows that there are gaps in monitoring trade flows which are used by unscrupulous elements to take out precious capitals outside the country and thus damaging the fabric of the Indian economy and in order to deal with the same, the SIT has asked RBI to establish an institutional mechanism to track illicit financial flows and share data with other law enforcement agencies such as ED,DRI and CBDT and from the said data base various agencies can gather the relevant information for taking early appropriate action. This is so since the data available with one agency can be relevant to action expected to be taken by other law enforcement agency.

     

    What is the role of national and international agencies to curb issue of money laundering?

    Various special courts have been set up by the virtue of this Act for the purpose of trial of scheduled offences. The Enforcement Directorate has been responsible for the investigation and Prosecution of cases under PML. The Financial Intelligence Unit India (FIU-IND) is the nodal agency for the dissemination and analysis if the information pertaining to the suspicious financial activities. Apart from these, RBI, SEBI, CBDT, Police have been active at different levels to look into flow of Black money.

    At the international level, with the initiatives of UN Financial Action Task Force (FATF) was formed in 1989 to set standards and formulate policies to combat money laundering. It is today one of the most efficient organization working towards this directions, especially on Combating the Financing of Terrorism (CFT).  UN and many .other nations have enacted stricter laws on money laundering as well.

     

    What preventive measures are taken to curb the flow of black money? 

    Government enacting Black Money Act 2015 has been seen showing light at the end of the tunnel from where undisclosed foreign income enters into Indian system as it has stricter penalties for offences since it was the need of the hour. Also India has signed many Double Tax Avoidance Agreements, SIT has been setup to investigate this issue, and Income Declaration Scheme 2016 have been introduced, strict KYC norms to be followed by banks, Tax Information Exchange (TIE) Agreements are proposed and many other precautionary measures have been taken.

    SIT has been proposing several recommendations in this regard such as a ban on cash transactions above Rs. 3 lakhs and restricting cash holdings with individuals upto Rs. 15 Lakhs; then it has suggested to establish KYC registry; prior detection of the shell companies with the help of intelligence gathering and entrusting Serious Fraud Investigation Office (SFIO) to regularly mine the MCA 21 database for certain red flag indicators; to check upon the misuse of Participatory notes through KYC norms so as to detect the beneficial owner with the help of PAN card number. It has also suggested that all the cases pertaining to trade-based money laundering should be shared with ED by DRI so as to initiate investigation under PMLA. Therefore, our law-makers have set up the panacea to the problem of black money but its effective enforcement will be testified over the time.

     

    What are the loopholes in the current legal regime in India? 

    So far as prevention of money laundering is concerned it has been fairly able to do justice, but still it has certain grey areas. Real estate sector, jewellery and bullion, and NGOs are the most vulnerable sectors for occurrence of illicit financial transactions. Inadequate scrutiny structure for cash transactions, inefficient system to preserve confidential financial system and liberal attitude towards the non taxpayers are a few areas where our legal system is lagging behind.

    As, a defence lawyer of prevention of money laundering cases, it has been observed that the process of attaching properties of the accused by ED has ,mostly been done even before filing of any criminal complaint or a chargesheet been filed and thus infructuous. There is a lot that has to be done by all the vigilance authorities other than targeting big names and getting affected by media trials. The present situation demands major amendments in the grounds/process of attaching the properties under PMLA as till date this process has turned out to be absurd.

     

    What were the challenges you faced in shaping up your career as it stands today?

    There is no competition or challenge in the space whereas there are challenges, struggle and obstacles on the road. I preferred to create a space and develop a niche, reign of the economic loss. I had beaten the competition or challenge through strategy executed with the support of a flamboyant team.

     

    What would be your parting message to our readers?

    There is no shortcut to the success except hard-work. Before entering into the professional reign, study the market. No client looks for the ordinary lawyer. Start your career as a champion and excel.

     

  • Raj Panchmatia, Partner , Khaitan and Co., on work experience in litigation and disputes resolution

    Raj Panchmatia, Partner , Khaitan and Co., on work experience in litigation and disputes resolution

    Raj Panchmatia graduated from Mumbai University in 2000. He is a partner in the Dispute Resolution Practice group in the Mumbai Office and has a rich experience in the field of dispute resolution and commercial litigation, both at domestic and international fora. He has advised clients on a wide variety of claims under Indian Arbitration Laws, SIAC, LCIA, ICC, UNCITRAL and HKIAC and has extensive experience in dealing with disputes under all forms of contracts and agreements. Raj also advises clients on litigation before the Supreme Court of India, various High Courts of the country, the Securities Appellate Tribunal and the Company Law Board.

    Raj has worked on a number of corporate and commercial litigation matters for various private equity investors, multinational and industrial houses of the country, including prominent infrastructure, real estate, automobile, defence, hospitality, public sector undertakings and ship building companies. Raj has also represented the Government of India on various dispute resolution matters.

     

    In this interview he talks to us about:

    • His work at Khaitan and Co.
    • Necessity of a mentor or guide.
    • Difficulties faced in the early days of practice.
    • How he keep himself abreast with latest industry news and trends.

     

    You graduated from Mumbai University in 2000. What was the legal profession like back then? What were your objectives as a law student?

    Legal profession back then was still technologically evolving. Those were interesting times,as law could be found only in books and not on Google. My senior told me – work hard and rest will follow.

     

    How is your work at Khaitan and Co.? Please tell us a bit about your work profile. What are the responsibilities you are entrusted with?

    I am a partner at Khaitan. My core area of practice is litigation and disputes resolution. At Khaitan, I have been fortunate to be part of some of the biggest litigations and arbitrations of recent times, in terms of value and significance. My clients vary from international companies, PSUs and Indian promoters in all sectors. Joint venture disputes seem to be in vogue these days, and I advise on many of them as well. As a partner in a law firm, soft skills play an equally important role as legal skills. As a Partner your responsibility would also include building and managing a team which is effective and a practice which is robust.

     

    How necessary is it to have a mentor or guide to handhold a young lawyer while still in the formative years of the profession? Did you have one?

    It is good to have a mentor and a guide in your formative years who is willing to guide you through the nuances of the practice, especially if one comes from a non-legal background. In my formative years I had an opportunity to train under some of the finest legal minds Late Mr. D M Popat, Senior Partner of Mulla & Mulla & Crige Blunt and Caroe and Mr. D D Udeshi, Partner of Udwadia & Udeshi as it then was. I also had an opportunity to work under Mr. D E Udwadia, who exposed me to corporate laws, which has been very helpful in dealing with corporate disputes of today.

     

    What were the difficulties you faced in the early days of your practice? How many years of hard work does it require to build a firm clientele?

    Let me put it this way, if you are willing to learn and work hard, things become easier. There used to be paltry sum of stipend (compared to what interns make these days) and hours were long. I never said no for any kind of work that came my way. As I don’t come from a family of lawyers, learning on the job was the most effective way. It was tough but satisfying. Unlike in the present times technology was not so easily available and research would take far more time. I had to learn the ways to complete the research efficiently and without missing any important points. This exposed me to a variety of laws, and I gained rich and vast experience. The crucial thing, which I feel I learnt from the experience, was to apply innovative and lateral thinking, despite time pressure.

    You build relationships not clientele. You need to build trust and provide consistent quality advice. There are no fixed timelines for this.

     

    Could you tell us about the atmosphere in each of the places you have worked and what one should keep in mind before joining?

    I have been part of a large as well as a mid-size organization. Each organization has its own systems, which essentially shows the values and beliefs of its founders/partners. Fortunately, every place I worked at had an atmosphere of trust and it felt like a big family, which helped me grow professionally as well as individually.

    I would say that before joining a firm, one should first understand the ethos of the firm as a whole. One should choose an organisation that is known for its integrity, value systems and has a work culture that allows its resources to flourish and bring excellence at their work.

     

    From an Articled Clerk to Advocate and Solicitor assistant at Mulla and Mulla and Craigie Blunt & Caroe, how did it happen? What are the important attributes for an Articled Clerk to work on?

    I joined Mulla & Mulla after I qualified as an Advocate and then went on to qualify as a Solicitor. In hindsight, it was perhaps one of the best career decisions I made as I found the learning curve to be extremely satisfying. My initial training in Mullas gave me a firm foundation. There was a lot of hard work, research and reading. Practice then was not slotted in compartments which meant,I got experience in various spheres of law.

    Once a candidate decides to become an articled clerk, and has chosen a master to learn from, it is then most important to put his full faith and trust in his master.  So decide well under whom and where you want to article, as this is the place which will make a lawyer out of you.

     

    How do you keep yourself abreast with latest industry news and trends?

    At Khaitan we have a very good initiative which is CLE (Continuous Learning Exercise) which helps all its advocates keep themselves updated. A CLE is a monthly session where all teams present updates from their respective practice areas, followed by a brief discussion. These sessions are very helpful as you get to interact with lawyers experienced in that field. I also read judgments, legal journals and magazines as time permits. Discussing and sharing issues with my colleagues is also helpful and often bring out new nuances and directions.

     

    You have authored articles in various Indian and International legal journals. Please share with our readers your experience.

    Writing is not something which came to me naturally. Having said that, once you make an effort and if the result is even partially satisfying, it is a huge gratification. I intend to explore this more. Of course my team has been extremely supportive in my efforts and credit must go to them as well.

     

    What would be your parting message to law students?

    I can only pass on which I inherited and strongly believe in – Be true to yourself and true to your work and the rest will follow. Never shy from working hard.

     

  • Vedula Venkata Vyagraeshwara Sastry, Senior Associate, Khaitan and Co., on work experience in litigation at Khaitan and Co.

    Vedula Venkata Vyagraeshwara Sastry, Senior Associate, Khaitan and Co., on work experience in litigation at Khaitan and Co.

    Vedula Venkata Vyagraeshwara Sastry graduated from South Calcutta Law College (2006-2011). At present, he is working with Khaitan and Co. as a Senior Associate. His areas of practice include litigation (both civil & criminal), Dispute Resolution, Banking laws, Litigation & Corporate Advisories, Legal drafting & Legal research, General Corporate and Admirality matters.

     

    In this interview he talks to us about:

    • His experience at Khaitan and Co. till now.
    • Main areas of law he deals with.
    • Recruitment process at Khaitan nd Co.
    • Advise to law students who suffers difficulty in finding their area of interest.

     

    As a senior associate in Khaitan and Co., what is the work experience you have gathered till now?

    I consider myself lucky as I had the opportunity of starting my career from Khaitan & Co. and with the guidance of my mentor, Mr. Arvind Jhunjhunwala, Senior Partner of the firm all throughout, I got immense opportunities to work on new and interesting matters. Presently, I shall complete my five years in the firm this December 2016, however, I would say my extra three years exposure to work during my college days at the firm was more fruitful. Right from my early days in the firm till today, I am getting involved in variety of work and which includes  Civil matters, Company Matters Arbitration matters, Insolvency Laws, Constitutional matters Admiralty matters, Environmental matters, Consumer matters, Matters under the MSME Act, Testamentary matters, Matters relating to Debt Recovery Laws and Criminal matters.

    More importantly, my mentor always used to lay emphasis on two things First) all litigation lawyers working in a firm should make an endeavor to act and represent client’s in court with the limited assistance of Independent Counsel and should not act a Post office.  I have taken full advantage of this, and have started appearing and  arguing before Courts and also before various tribunals starting from DRT’s, CLB now NCLT , NGT, Estate Officer right from my trainee days and this is very important. I still remember that during my early days, I happened to appear before DRT to seek an adjournment on the ground of my colleague (who was in charge of the matter) and who was not present on that day. I thought it is simple so I agreed.  I was new then, was not even aware of the matter and I simply went and submitted the same. The LD member after hearing me has just said that “…Your client has admitted the dues, so I am passing an order directing your client to pay…” I was speechless, could not even react and accordingly the LD DRT passed an order directing my client to deposit around fourteen crores. From that day I decided that I will never endeavor to pray for adjournment and shall always endeavor to be fully ready and argue the matter. I must say that matter taught me the lesson to fight and after that the banks have resorted to various forums to recover the amount but I always stood in their way and ultimately the matter got settled but it was an experienceand b) Second, we should always be ready to accept the work and render our service even at the eleventh hour. I still remember that for my first matter, I had to work the whole night of 31st December 2011, and 1 January 2012, though my friends were enjoying the new year party  but  then I realized that this is the real challenge which as litigation lawyers we should be ready to take and still today, I do the same.

     

    What are the main areas of law that you deal with? What does a senior associate have to do at a big law firm like this?

    I am not a specialist lawyer and I do all things which come across. My main forte includes civil matters, Company Matters Arbitration matters, Insolvency Laws, Constitutional matters Admiralty matters, Environmental matters, Testamentary matters, Matters relating to Debt Recovery Laws, Consumer matters, Matters under the MSME act and Criminal matters.

    As a Senior Associate the responsibility is to ensure that you give the best service to your client. We should try and aim a situation where the client should repose full faith in the decisions and strategy advised by us. Once, a client is happy with the work and the service that would automatically pave way for new clients without any display of PR skills.

     

    What skills and qualities do you think have helped you achieve your current position and stature?

    First is hard work. There is no substitute to hard work. We all may not be intelligent but we should be hard working. I always wanted to be a lawyer and I love what I do and I work  hard for it and  Second is the Assistance you get from your mentors, I have been lucky that I go the guidance of eminent legal professionals, to name them, My Senior Mr. Jhunjhunwala,  Mr. S N Moookherjee, Senior Advocate, who allowed me to attend his chamber and to use his library after my work hours at the firm and have always guided me and and Mr. Anirban Ray, Advocate who always guides me in resolving the  legal problems. They all have provided me with quality guidance and have extracted the best out of me.

     

    What is your opinion when people say that all they have learnt is in their years of practice? What was the case in your situation?

    I agree to this as the same applies to me. Practice makes a man perfect and for lawyers both corporate and litigation it is the practice and application of law which grooms them. In college days, we don’t even realize as to how the real world would be and this system has to change. Education needs to be more precise and simple. The authorities should endeavor to act in a manner that every individual who graduates law must be in sync with the practical reality of life. Life in college is different then what exactly it appears when one chooses to join litigation and to act as a Counsel. The dimensions of life vis-a-vis in the present competitive world requires a robust system of education and learning which will make law graduates more self-sufficient

     

    Please tell us the recruitment process at Khaitan and Co.? How did your appointment take place?

    I believe our office has campus recruitment, where students studying at different law schools are selected. I have also seen lateral hires. So it all depends. Since I was associated with the firm since my college days, and was shaping up well, so maybe I got recruited after I graduated law in the year 2011 itself.

     

    What changes has being a senior associate brought into your life, do you ever feel that there is excess of work load on you?

    I do not feel any change. Life is the same. I always want more work as I do not like to sit idle and also do not like to keep things pending. I wish we had a day more than 24 hours, so that I can devote substantial time what I love doing.

     

    Have you ever considered litigation or starting up on your own? Would you say the opportunity a firm provides for a young lawyer is worth the trade off in building reputation?

    I am enjoying what I am doing and the  level of freedom  that my   mentor has entrusted me at work  cannot be compared so  idea  of doing independently never came across to my mind till now.

     

    You are working with Khaitan and Co. since your college days. What would you say contributes to the high attrition rate of the top law firms?

    It depends to person to person and also largely on the individual goals a person has for himself. Higher attrition rate is everywhere and nothing particular with law firms.

     

    Lots of students find it very difficult to find their area of interest. What would be your advice to law student or young lawyer who is suffering from this dilemma?

    Read well. And focus on what you want to be and aim for that. Never lose hope and always keep trying. Please try and aim what you want to be. Identity your strengths and weakness as this shall help you to focus on the areas which needs more attention. Enjoy your college learning days but at the same time also pursue your dream.

     

    Where do you see yourself ten years down the line? Do you aspire to be like somebody from this field?

    Ten years too far, Honestly, I have not planned that far. Presently, I want to be the most sought after lawyer by continuing what I am doing.  I want to make sure every client who comes to me is satisfied with the quality of services and that should pave way for new opportunities of assisting new client’s.

  • Prashant Chandra, Associate, Vox Juris, on work experience in litigation at Vox Juris

    Prashant Chandra, Associate, Vox Juris, on work experience in litigation at Vox Juris

    Prashant Chandra graduated from Campus Law Centre, Faculty of Law, University of Delhi in 2011. He is a diligent and well read lawyer with acute legal acumen and professional commitment.
    With more than 3 yrs into litigation, he has handled the panel work of ICICI Bank, HDFC Bank, HDFC Standard Life Insurance Co., TATA AIA Insurance Co., Future Generali Life Insurance Co. and Aviva Life insurance Co. before various Forums/NCDRC along with trail in civil disputes viz. recovery, service, property matters before Delhi High Court and various District Courts of Delhi. At present, he is working as an associate at Vox Juris.

     

    In this interview he talks to us about:

    • Challenges he faced as an advocate in Delhi High Court.
    • Importance of mooting and academic writing.
    • Difference between a practice in a High Court and the Supreme Court.
    • How he decided to write his book “The Tumult over Law of Homosexuality”.

     

    What would be a brief introduction of you?

    I am a first generation lawyer. I am dedicated towards my work and very passionate for litigation. I come from a family of academicians and government employees. Throughout my student life I have been very active in various extracurricular activities and been involved in different vocations. I did LL.B. as 3yrs law course after my graduation so I had enough time to be involved in different professions. After having experience in different fields, I finally chose litigation as profession since it keeps me in a constant phase of motivation, gives me a chance to daily improve myself and achieve whatever I desire.

     

    Please elaborate on the motivating factors which helped you in choosing legal studies.

    Throughout my life I have been inquisitive about only two aspects related to anything- Firstly, the science behind a particular thing and secondly, the logic behind existence of that particular thing in that particular form. The science part involves all the technical knowhow of invention and things related to chemistry and physics whereas the logic part involves all the issues related to the rules/law governing that particular thing.

    Simply put, whenever I use any object, say a pen, the first two questions which come in my mind are: (1.) How that particular pen was crafted viz. ink put in a sleek tube/refill, writing tip made etc. (2.) Who determines the specifications related to a pen, what standards are to be maintained, what size and characteristics of a pen should be set, so as to give it a standard definition. When we look answers for such questions, we find that there is a Ball Point Pens and Refills Committee, formed by Indian Standard Institution regulating the manufacturing details of ball pens. Since I couldn’t cope up with chemistry, I decided at the initial stage of my career that I’d pursue my career in a direction which doesn’t involve studying science and would devote my time in answering the second question i.e. knowing the law governing the society.

     

    Were there any activities you participated in that honed your skills as a litigator? How are they relevant now?

    In 1st year of LL.B., I was able to qualify as a member of Moot Court Society, CLC, Faculty of Law, University of Delhi. Later on I kept myself engaged as participant as well as volunteer in other Moot Court Competitions organized in Faculty of Law. In 2nd year of LL.B., I did internship in Supreme Court of India. In 3rd year, I did internship in District Courts of Delhi and for two months in Dehradun District Court also.

     

    How did you prepare for the Bar in a span of a few months?

    I collected the material and question papers of previous years AIBE from my friends and prepared accordingly. It’s an open book paper so I also took those books and few bare acts. While preparing for AIBE along with the main portion of law one should focus on the practical aspect of law viz. limitation periods, date of amendments, punishments prescribed for major offences, authority of judges etc.

     

    What are the challenges of being an advocate in the Delhi High Court?

    Yes, it’s true that being an advocate in Delhi High Court is quite challenging because there is a lot of competition in Delhi High Court. But the presumption that a first generation lawyer cannot survive in Delhi High Court is a myth. The merit is always appreciated in Delhi High Court, if you are well read and prepared to present your case the way it should be presented, then you will definitely get the relief you desire. The quote; “first deserve then desire” is applicable in its strict sense in Delhi High Court.

     

    What are the main types of cases you focus on?

    My area of litigation is writ petitions/appeals/LPA/revision etc at High Court of Delhi and all type civil matters viz. cases related to contracts, specific performance, service matters, executions etc. Recently I have also started practicing at criminal side with few astute and experienced lawyers having vast experience of criminal trial.

     

    What is the most challenging case you ever faced? Is there any case that changed your perspective on the judicial system?

    The most challenging case I ever faced was in Supreme Court of India related to service matter, termination of a Class I officer on grounds of alleged misconduct. The most challenging part in that case was its 6 years of dismissal owing to incomplete and improper presentation of case in several rounds of litigations before Delhi High Court and also few applications at Supreme Court. However, at the stage of SLP, after thorough research, precise drafting and proper presentation of the case I along with other advocates of my team, were able to get the desired relief and was able to get that employee reinstated from the Supreme Court of India. Further, I am a firm believer that our judicial system is fair and reasonable with eminent judges sitting at the helm of Justice and there has not been any case which could change my perspective on the judicial system.

     

    How important do you think mooting and academic writing are for a law student aspiring to become an advocate?

    Mooting is very important for a student who aspires to become a lawyer. It gives you confidence, exposure and removes your hitch to present your case. Mooting helps you become an advocate and experience what lies ahead of you, even before clearing your exams. As far as academic writing is concerned it is also helpful to supplement your research. Instead of only discussing a case law at tea stall or criticizing some High Court/Supreme Court judgment, a law student should step up and try to write a case comment or article on any High Court or Supreme Court judgment, on issues of his/her choice.

     

    Many students aspire to practice at the Supreme Court and High Courts. Should a student first practice at the Trial Court to learn the nuances, or is it fine to start at a High Court itself?

    My advice to all my juniors has always been to do internship in Supreme Court, High Courts and for that matter in Law Firms also, while you are pursuing LL.B. But once you are enrolled as an advocate, don’t skip the trial court/district courts. Everyone should always give at least 1-2yrs in district court; the main practice is learned in trial court only. High Court and Supreme Court are extension of what you practice in lower courts. If you once skip this initial step you will spend most part of your career in learning what could have been learned in initial 2yrs of your practice. And the best part of practicing in Delhi is that all the district court lawyers here do have some matters at High Court/Supreme Court also, giving you a fair exposure in your initial period of litigation. Moreover, if you start your own practice, initially people will bring to you lower courts matters.

     

    What are the differences that you see between a practice in a High Court and a practice in the Supreme Court?

    The major difference what I see between practice in High Court and Supreme Court is that of the Judges. The judges of Supreme Court being more senior and experienced asks precisely very limited questions to clear the doubts and form an opinion so that justice could be done in the matter whereas in High court, while delivering justice, the judges are more inclined in the quick disposal of matter so you have to be pro active and precise while presenting your case.

     

    How did you decide to write your book “The Tumult Over Law of Homosexuality”?

    While I was pursuing my LL.M. from Delhi University the case of Suresh Kumar Kaushal v. Naz Foundation was decided wherein the Hon’ble Supreme Court upheld the constitutional validity of Section 377 IPC, leaving it on the legislature to amend Section 377 in its own discretion and wisdom. Then there were numerous debates and pointless discussions everywhere since the question is related to legal restrictions on privacy and liberties of people. But in all those debates and discussion, people overlooked a crucial aspect that simply amending Section 377 IPC will not serve the purpose unless the same is done as a complete societal change; to which our present society is not completely ready and the infrastructure is not enough, so I have opined that the debate on Sec 377 IPC should be deferred for some time now and status quo should be maintained until we are prepared for such a drastic change. My book deals with varied issues and concerns connected to Homosexuality and LGBT Rights. Through different chapters I have tried to cover up issues related to historical, social, physiological, legal and constitutional problems which crops up when we talk about LGBT rights. I have dealt with different issues which people usually forego but such questions shouldn’t be abjured when we talk about LGBT Rights. Through last chapter I have tried to differentiate between society’s demand of decriminalizing consensual acts covered under Section 377 IPC and its actual needs in case Section 377 IPC is amended. I have thoroughly dealt with various landmark cases viz. Naz Foundation (Delhi High Court, 2009), Suresh Kumar Kaushal (Supreme Court, 2014), NALSA (Supreme Court, 2014) and Obergefell v. Hodges (U.S. Supreme Court, 2015) on the subject matter.

     

    Are there any suggestions you would like to give our readers?

    For students and aspiring advocates I will suggest, reading of case laws from recent law journal whenever you get time. Advocacy is a unique profession and noble at the same time. It takes time and for first generation lawyers it becomes more struggling. Initial 1-2 yrs are most struggling, testing your patience and determination but if you don’t give up everything will be better by the time. But never forget that sky is the limit in litigation, you just have to be willing to fly as high as you want.

  • Mihir Deshmukh, Managing Associate, Advaita Legal, on a career in taxation law

    Mihir Deshmukh, Managing Associate, Advaita Legal, on a career in taxation law

    Mihir Deshmukh graduated from Government Law College, Mumbai in 2005. He has over 11 years of experience in arguing matters relating to indirect taxes before various for a throughout the country. He is admitted as an Advocate with the Maharashtra and Goa Bar Council since 2005 and has an extensive experience in litigation in the areas of Central Excise, Service Tax, Cenvat Credit, Value Added Tax and Central Sales Tax including appearances before various High Courts and Indirect tax Tribunals. His clientele has been diverse and included Maharanta companies such as BPCL, ONGC, SAIL and MNCs such as Dish TV, Tata Group, Reliance India Ltd., Dow Chemicals, Bruker International and HCC Ltd. He also has an indirect tax advisory background and was associated with PWC and ELP during his earlier stints and was also a part of the indirect tax litigation team of EY (PDS Legal) since its inception in 2010. His areas of functional expertise include Customs, Service Tax, Central and State Sales Tax Laws, Excise, VAT, Works Contract Tax, Octroi.

    In this interview he talks to us about:

    • Importance of taxation as a subject for law students.
    • How can one gain expertise in Indirect Tax.
    • His strategy to deal with errors and mistakes.
    • Qualities that helped him to achieve the current status.

     

    How would you introduce yourself to our readers? Please tell us about your family and childhood.

    I am third generation lawyer, my father is an industrial law consultant ,my mother was a teacher and then a home maker who gave up her career to ensure that she could devote her entire time to us. My wife is a Professor in an engineering college pursuing her Ph.D. simultaneously. The values embedded in me, which I hold close to my heart and which I believe have made me the person I am today are because of the sacrifices made by family. I did my schooling in a small town Roha, and then had to move to Mumbai for my further studies (Junior college and Law school).

     

    What brought you into studying law? Was it fate or planned?

    In a lighter vein, I would call it planned fate. Like other kids who want to be a policeman or pilot or a 100 other vocations when they are growing up, I was always clear that I wanted to be a lawyer. Maybe it was because of seeing my father in the profession and my love for reading that pushed me towards it.

     

    How helpful was your law degree in terms of the added legal perspective to your existing knowledge? What career advantages did it bring?

    Getting a law degree brings about a different thought process to you. It helps one become more analytical. Coupled with your knowledge I believe a law degree gives one that cutting edge over others.

     

    How important is taxation as a subject for law students? What advice would you give our readers to consider taxation as an area of practice?

    Today, the tax subject is optional in many universities. However, to a very great extent I feel that Tax as a law subject should find place in the syllabus of every law student. Tax as a subject cannot be taught in isolation. While studying tax, one also dives into the intricacies of constitutional law, administrative law, Law of jurisprudence and interpretation of statutes, forming a gamut of legal studies. Further, with GST now coming in, there is a great demand for indirect tax layers. I would urge all your readers to consider tax as a serious option.

     

    What’s a typical day at work like? How can one gain expertise in Indirect Tax? What does it take to be a good Indirect Tax Lawyer?

    Typical day at work starts with flipping through pages of the law journal- electronic or print and then to rush off your feet to the court which ends with a relaxed cup of tea. The evening is spent preparing for the next days’ court. Call me old fashioned, but I believe in starting early and finishing early. I hate late working hours unless absolutely necessary. I make it a point that my team finishes at a decent time by 7.00 pm. It keeps them in balancing their work life balance and I get a team with great productivity and output.

     

    What are the preferred legal issues you like to work on? Do you have any hobbies that help you unwind after a long day at work?

    As a budding lawyer you really cannot be choosy about work. Though, now I am primarily and indirect tax litigator, I worked on all laws during my internship days. I believe that internships lay the foundation for your future and therefore have my reservations against the 1-2 month internships that are a norm with the law students today. It is too short a time frame to learn anything.  You should commit for a considerable period of time to learn and understand things. I was lucky enough to intern with Mr. Mohan Jayakar (Khaitan and Jayakar), the person who I credit for making me the professional I am today.

    I have always been an avid reader which as a kid inculcated me with the ease of reading the lengthiest briefs. After work, if time permits, I engage myself in gleeful reading of non-fictions. Watching masala movies always helps.

     

    What has been your strategy to deal with errors and mistakes? How would you advise a young associate to deal with them?

    As an officer of court, I endeavors to assist the court in the most honest and immaculate manner. I try to be sure that the court is not misled and true facts and position of law is brought before them. However, one is bound to err. The best way to correct is to reinstate the correctness at the earliest. I advice my associate to confront flaws and start improvising it without any procrastination. The trick is not to get disheartened by failure. As long as one feels they have given their 100%, then failure should not affect you.

     

    What steps do you take to prepare for a difficult case?

    Be it a difficult or a simple case, one should be thorough in the preparation. The reason being you can never predict what a judge might question you on. The premise is to know the facts of the case inside out and then the legal provisions pertaining to your case and relevant case laws in your favour. One thing, I would like to add here is that one should also be aware of the case laws against you if any so that you can differentiate them when quoted by the other side.

     

    What qualities do you think helped you achieve this status?

    I would say that to achieve success in the legal profession, on needs not only work hard but one should also work smart. You need to be ready to work hard (not to be mistaken for long hours). Hard work makes up for every other drawback one might have. That is the only virtue I would ask everyone who wants to be a successful litigator to imbibe. This industry belongs to one who is industrious.

     

    What would be your parting message for our readers?

    Be a litigator because it’s your passion and not just a career option. Once it is your passion, the ingredients of making it a success need not be taught to you but you will come up with your own unique recipe and success story.

     

     

  • Ahmad Shazeb Azhar, Partner, Goswami & Associates, on work experience in litigation at Goswami & Associates

    Ahmad Shazeb Azhar, Partner, Goswami & Associates, on work experience in litigation at Goswami & Associates

    Ahmad Shazeb Azhar graduated from Aligarh Muslim University (2003-2008). He is a lawyer with almost 6+ years of standing at the Bar. He started his career in Delhi in 2010, practising regularly at Supreme Court of India, where he was the panel counsel representing the State of U.P. from 2014 onwards.

    His Core Specialties include litigation, dispute resolution, drafting, rendering advice, contracts and agreements, corporate compliance, arbitration, due diligence and legal research and securities markets.

    In this interview he talks to us about:

    • His experience at internships.
    • Advise for law students who prepare for a career while in college.
    • Value addition of a Masters degree.
    • Difference in practice and litigation at Delhi and Lucknow.

     

    How would you like to introduce yourself to the legal fraternity?

    I am a lawyer with almost 6+ years of standing at the Bar, at present practicing at the High Court of Judicature at Allahabad, Lucknow Bench. I started my career in Delhi in 2010, practising regularly at Supreme Court of India, where I was the panel counsel representing the State of U.P. from 2014 onwards. I also initially practised on the Original Side of the Delhi High Court, as a junior to Mr. M.R. Shamshad, Adv., dealing with some high profile commercial litigations. At present I am a Partner with a registered law firm called Goswami & Associates, which is an emerging firm, based out of Lucknow, primarily we deal with traditional litigation and dispute resolution, but are delving now into IP and other commercial areas. We have a couple of Government Banks, Insurance Companies, PSU’s and Private Companies as our clients right now.

     

    How did you decide to choose law as a career? Is there anyone in your family who motivated you to opt law?

    Well I am a first generation lawyer, who had no inkling what the job I was about to get into entailed. Both of my siblings are doctors in US & UK. The reason I chose law as a career was the mystique surrounding it. I had always been fascinated by the working of lawyers, as to what it was that they read on a piece of paper differently than an ordinary man. What gave them that perspective? That is what enticed me into the profession. There weren’t any family members who were already there in the profession, therefore the mystique and the curiosity was compelling enough for me to get in and explore this world of words, letters, sentences and arguments.

     

    How was your life at Aligarh Muslim University & Dr. RML National Law University? Did you find that your law school education prepared you for your current life?

    Life in Aligarh was completely different than expected. It’s a vast University with around 30,000 students and we used to reside in mixed hostels, wherein students from different streams and courses lived together, so that gave me a very diverse perspective of things. The more you interact with people from different fields and areas, the more your mind opens to diversity of views. The case with Dr. RML National Law University at Lucknow, was different where you get to meet the freshest and the best of the legal minds in the country, here I completed my LL.M thesis on Cartelisation under Competition Law. I was good at writing in college, be it essays, critiques or any such sort. The one thing that I regularly followed in college was to keep reading, whatever I could get my hands on, be it fiction, biographies, Russian socialist literature, History, Mythology and even John Grisham. The best part about reading is that it gives you references, analogies and ideas to construct an argument. Analogies, whether historical or mythological provide simplicity of comprehension to the listener.

    The legal education in India does not remotely prepare you with the realities of the legal profession. Considering the high premium that is placed upon the procedural aspect of law, the court craft and the client dealing aspect, the only thing that can get you prepared is to actually get in there and practice it. A mere understanding of the substantive law is not sufficient to succeed in the profession.

     

    Could you tell us a bit about your internship experiences?

    The first internship I did was under Dr. Sandeep Pandey, Magsaysay Award Winner and Social Activist. I actually got to stay in a village without electricity in U.P. for a month, preparing a report on the discrepancies in the land allotted under Consolidation regime by the government, which was submitted to the District Magistrate, so that was an experience. Thereafter I interned under Mr. M.R. Shamshad, Adv. whose chamber I later on joined in 2010. I also interned at Desai & Diwanji, Delhi office and under Mr. Niladri Bhattacharjee, Adv. who was gracious enough to actually credit us, the interns, by name on the Due-Diligence Report for a major company we helped prepare.

     

    How would you advice a law student if one has to start on to preparing for a career while in college?

    By the final year of Law College every student has a slight assumption of his or her own temperament and one’s inclination for the career we would like to choose. If you are prepared for a long meditation, then practice is a good option. But you would have to be mentally and physically prepared to handle the stress that comes with it. A total lack of finances and as a result dwindling motivation everyday is what makes practice really tough. A lot of my colleagues who started practice left it mid way because of these very reasons. Firms are a good option to join, if you have that inclination. Besides now there are so many other options that one can decide and work on right from college, be it getting into judiciary, a private company, a governmental job or even going abroad for higher studies and into academics.

     

    What is the value addition of a Masters in your career?

    The Masters Degree and the study for it, gives you the opportunity to delve deep into the existential basis of laws. For example for me in BALLB, the most irrelevant part of a statute was the preamble attached to it. Its importance I realised while in Masters. The basis for a statute, why is it there? What prompted its promulgation? And therefore if there is a discrepancy, how could it be filled in are all the jurisprudential questions that I got the answers to while pursuing my LL.M. With that depth of understanding, you yourself feel motivated enough to delve into and apply that knowledge to any filed you wish to pursue post your Masters.

     

    You have practiced at Delhi & Lucknow. Tell us the difference you feel in terms of practice and litigation between the two places?

    Delhi and Lucknow are completely different places when it comes to litigation. Lucknow being a traditional city, the outlook and perception are still evolving. I still get asked the very same question almost everywhere in Lucknow, as to whose chamber I belong to. Traditionally in Lucknow it isn’t common to see a lawyer below 40 years of age practicing independently or having started independently. Delhi has evolved in that aspect. Also in Delhi the wonderful experience of getting to meet or brief such famous senior counsels, is an experience in itself. Significant amongst them is Mr. Arvind Nigam, Senior Counsel, who had the most impact on my career as well as life. Also of significance is the experience I gained when I shifted to Supreme Court and got a chance to brief such excellent Counsels as Mr. Jethmalani, Mr. Sibal, Mr. Soli Sorabjee, Mr. P.P. Rao, Mr. Harish Salve, Mr. Salman Khursheed, Mr. Mukul Rohatgi, Dr. Dhawan etc. Lucknow bar though puts a very high premium on your knowledge of Law and has some very thorough and learned counsels amongst its members, who are as good as any lawyer in Delhi.

     

    What would be your parting advice to our readers?

    Be enterprising. Do what you want to do. But the keyword is “Do”. Merely thinking and planning won’t get you far. Mistakes would be made, but the experience gained would be much more beneficial. You will learn much more than what the books can make you aware of.

  • Nelson Joseph, Senior Associate, Radhakrishnan & Co., on building a firm practice and experience in corporate law

    Nelson Joseph, Senior Associate, Radhakrishnan & Co., on building a firm practice and experience in corporate law

    Nelson Joseph graduated from Government Law College, Ernakulam (2003-2007). He is a Civil-Corporate Lawyer who practices at High Court of Kerala and various other Courts, Tribunals and Commissions in Kerala and in other southern states. A first generation lawyer from an agricultural family, he began his career in 2007 at Radhakrishnan & Co., a leading civil-corporate law firm in Kochi which has operations in entire south India. He presently holds the position of Senior Associate Lawyer in the firm. His areas of interest pertain to Civil Litigation, Real Estate Laws, Banking Laws (legal opinions, legal due diligence and litigation), Customs Law, Commercial and Corporate matters etc.

    In this interview he talks to us about:

    • Challenges faced by him to complete his LL.B.
    • Difficulties faced by him to find a good law firm.
    • Skills to be developed by a law student to succeed in the field of litigation.
    • How he keeps himself updated with the legal knowledge.

     

    Tell us a bit about your childhood and pre-college life as well as educational background.

    I hail from a rural agricultural family in Ldukki District of Kerala. My life took a turn when I got admission to Jawahar Navodaya Vidyalaya in 6th grade. Ever since, I have been away from my native place. Meanwhile I completed my B.Com, LL.B and LL.M. from Mahatma Gandhi University, Kerala.

     

    As you were not from a wealthy background, what were the challenges you faced to complete your LL.B?

    It was never a childhood dream of mine to become a lawyer. In addition to that, I did not come from a financially sound family. Consequently, LL.B was the only professional course which I could enroll to, without troubling my parents. For completing my LL.B course, I supported myself by indulging in part time jobs, which gave me sufficient life experiences to thrive on the later period of my career. For instance, those employers for whom I worked with have become my clients now thereby making me realize that through every pain, we gain something and those struggles were great opportunities for me.

     

     

    So when did you realize that law is your career?

    While doing LL.B., I was not so particularly inclined to become a litigating lawyer. Although I tried my hand in attempting various competitive exams including civil service exam and searching for jobs, experiencing slips between the cup and the lip, words of my mother that “the almighty has a great plan for you” (which she quoted from The Holy Bible), kept me motivated. As a result, I believe that whenever I lose an opportunity, it has always been for something better. Despite seeing my class mates drop out for various reasons such as getting married or obtaining jobs, the motivation to sustain along with the course was always given by professors such as Mr. Paul Gomez who used to tell us that, “LL.B is a magic key, you don’t know when and where you are going to find the treasure box, so keep the key with you oiled and sharpened”. After joining Radhakrishnan & Co. as a junior Associate I realized my passion and flair lies in law.

     

    What difficulties did you face finding a good law firm and starting your practice?

    Being a first generation lawyer, I had to find out a good office to start my practice, which was not an easy task. In addition to that, it was very hard to survive with the meager salary offered to junior advocates by most offices. Finally, I could manage to find a firm where I would get some money for my survival and without much thought, I joined there immediately. Eventually I realized that it was one of the leading firms in South India which dealt with all domains of legal works and I was mesmerized with the kind of exposure I could get there.

     

    Without any God Fathers, how difficult it was for a first generation lawyer like you to survive?

    I was fortunate enough to have two wonderful seniors in the office. Adv. P. Radhakrishnan is gem of a person and a well-respected legal luminary in the state. His doors are always open for us juniors to approach with all kinds of doubt. He has been a study material for us to learn all professional qualities required for a man of law. Adv. Madhu Radhakrishnan, an alumnus of the NLSIU Bangalore, is person with lot of wisdom and empathy. He motivates me to stick on to this noble profession. His brotherly concern is not only limited to my career, but also spans across personal matters as well.

    It doesn’t matter whether you are a first generation lawyer or you belong to a lineage of lawyers. The difference is only at the beginning stage to find out a good office and the rest depends on the effort and hard work one put into it. As it is said, smooth sea never made a skilled sailor. There is nothing like adversities. Everything is an opportunity and its attitude that matters.

     

    How and when should a young lawyer decide to begin his own practice?

    I cannot answer this question fairly as I have not started my independent practice. The kind of exposure we get while working in a firm will be different while practicing independently. There are no rules for how and when to start own practice. There are lawyers who start their career by own practice and there are the others who are attached to firms throughout their career.  It’s a personal choice which depends on so many other factors as well.

     

    What types of skills should a law student strive to develop while in law school to succeed in the field of litigation?

    What we study in law school and what we practice in court are entirely different. For a litigating career, important skills one should possess are drafting skills, a good command over language and the meticulous way of observation of minute things. These can be developed during the college days. Furthermore, a lawyer should be a good content writer too. Other skills such as court craft and art of advocacy will be attained while practicing. Advocacy is an art of persuasion which can be learned by constant observation of eminent seniors. It’s not about skills; rather it’s all about the qualities lawyers possess. As lawyers’ creed says, “know your manners, tell the truth and know the law”.

     

    Please share with us your areas of practice.

    The firm which I work for is a client based firm rather than a subject based firm. So, all of that depends on the legal requirement of our client. For our clients, our office is like a single window system. Therefore the degree of exposure one gets here is really high. Because of this multi-disciplined and general practice, our services span across Munsiff’s courts, High Court, Tribunals and Commissions.

     

    How do you make new clients and retain them?

    Usually a lawyer gets clients through reference. Moreover, effective networking and good results are the key elements to get cases in. Since most of our clients are large corporate entities, it’s easy to get new clients, as the legal and other officers keep switching companies frequently. If the officers who are dealing with the law firm are satisfied, they will come back to us when they join other companies too.

    Everybody at some point of time in their life will find the need of a lawyer. So be polite but firm to people and make them feel that we are approachable and trustworthy. Clients will come naturally.

    For retention of corporate clients, more than producing results, we have to be proficient in soft skills, should possess good professionalism and proper updating of case status. Companies change their lawyers not because of poor results, but because of poor soft skills. Indeed, the law firms should adapt to the technological shifts. For instance, client companies expect an email update in the evening of the case date and also appropriate electronic documentation.

     

    You practice both in High Court and Trial Courts. Which is more difficult?

    High Court practice and lower court practice are different entities. In the High Court, our argument should be very precise and to the point. Whereas in Trial court, we need to do in depth study and preparation as it is where we make the foundation of the case. We should be extremely careful while drafting a plaint. On the contrary, High Court practice is comparatively easier as the procedures are simple and will get immediate results. In High court we need to show more court craft and advocacy as we get limited time to convince the judge. But the satisfaction of extracting the desired answers from the witness during cross examination could only be obtained from a trial court.

     

    Now a law graduate can become a judge directly from law school without any practice. What is your viewpoint on it?

    In present age, majority of students from elite law schools either appear for judicial services exam or opt for campus placement in companies immediately after the course. I would like to suggest that it is better to choose either one of the above mentioned options, after having some practical experience as a lawyer.

    It is very important for a judge to have some experience of getting a brief, conducting a case, technicalities associated with it for a better deliverance of judgment. Therefore in the interest of all, the minimum of 3 year practice as lawyer should be made mandatory for becoming a judicial officer.

     

    How do you keep yourself updated with the legal knowledge?

    I think one should clearly set out the working hours in such a way that it contributes in updating knowledge. As a rough formula, I would suggest, one may dedicate 75 % of the work time for actual works for the clients, 15% for continuing legal education reading journals, writing articles, attending seminars and workshops etc. and the remaining 10% for networking and finding new clients online and offline. As an example, I usually attend seminars and workshops conducted by National Law schools and other institutions to get myself updated in the profession.

     

    Does the college where we study really matters in the litigation career and if yes, how?

    The students from elite Law schools are better equipped and, of course, will have an advantage at the start of their career. They can easily get into big firms. But in long run, the school we studied and the marks we scored have no relevance.  What matters is how hard and intelligently we work.

     

    What are the areas do you think needs improvement for yourself?

    I need to find more time for general reading than the journal readings. Together with that, I also want to reduce or rather detach my personal emotional element from a case. As I am a very sensitive person, sometimes I become too emotional and identify myself with the client, which affects the professionalism.

     

    People say, a lawyer has to sacrifice his personal and family life to become successful in career. How do you think about it considering the hard work involved in building a career?

    It is true that one has to put the blood and sweat into it to become successful in the career. There is no substitute for hard work.  If I modify the quote of Longfellow in the context of our profession, then it could be stated as “Great lawyers won cases and attained fame by studying cases late night, while their opponents slept.” It does not imply that personal life will be affected in turn but it’s all about time management.

     

    What would be your advice to our readers?

    I don’t think I have reached anywhere to advice the readers who are much better than me in their insights and knowledge. But I shall share few of my thoughts I like reminding myself often for my improvement.

    1. Never feel ashamed to ask questions and doubts – We are not doing anything original. We are just following what our seniors and earlier generation did with some modifications. So when we get a case on new subject, feel free to ask our doubts to lawyers who handle similar cases and obtain copies of draft from them for our easiness.
    1. “If somebody offers you an amazing opportunity but you are not sure you can do it, say yes – then learn how to do it later”. – Richard Branson. In legal practice, there is nothing, which is hard to crack. Take whatever matters come to you. With a little research and advice, we can easily do it and become an expert in it soon. But make sure not to mess up and loose the confidence of the client.
    1. Be visible, regular and trustworthy. People are not looking for the best lawyer in the country, but a lawyer who is accessible and whom they can trust.

     

  • Aayush Chandra, Senior Associate, AMP Solicitors, on work experience in litigation at AMP Solicitors

    Aayush Chandra, Senior Associate, AMP Solicitors, on work experience in litigation at AMP Solicitors

    Aayush Chandra graduated from Symbiosis Law School (2006-2011). At present he is a Senior Associate at AMP Solicitors. His main work includes drafting, briefing, court appearances and research in Civil and Corporate Laws.

    In this interview he talks to us about:

    • His experience at Symbiosis Law School.
    • Role of mooting in a law student’s life.
    • Skills those are critical for a lawyer’s success.
    • How he overcame the initial jitters in a court room full of experienced lawyers and judges.

     

    Please share with us how you chose to study law. Do you have lawyers in your family?

    Coming from a family of Engineers and Doctors, I had to choose a Profession. Being an Engineer or a Doctor was not an option as I hated Mathematics and I could not stand an operation theatre. I remember my father, being an Engineer himself having advised me not to study Engineering as it had become quite common those days. So, I was without a choice frankly and I didn’t mind that (laughs). Then eventually the dots connected, everything fell into place and I became a lawyer by default. Being five years into the profession and still a long-long way to go both in terms of learning and experience, I can safely say that this field chose me rather than me having made a conscious decision.

    My Sister in law and my Cousin Sister are corporate lawyers and are doing very well. I am a first generation lawyer.

    Also, some of the lawyers who have had a major impact in my life are also like my extended family. A special mention for Ms. Pinky Anand, Mr. Sanjeev Sahay, Mr. Balendu Shekhar, Mr. Ashish Kumar, Mr. L.K. Singh, Mr. Rakesh Kumar Matwa and Mr. Jatin Sehgal- I owe all of them a lot.

     

    How was your experience at Symbiosis Law School?

    I think those five years taught me to be disciplined, to be self sufficient, to be responsible and to survive. It basically changed me from a lazy person to a street smart person. Symbiosis was good in the manner that I suddenly went from a zoo animal to a jungle animal and I could survive. The faculty was amazing; the friends were amazing and the over-all environment was great. Made some of my best friends in college, the most admired one being Jayant Dahiya.

     

    What role do you think mooting should play in a law student’s life?

    A very important one!! Since I wanted to step into Court practice, mooting was an important way to be able to learn to talk precise and talk sense before a Judge. Mooting is a very important curriculum that every law student should participate in as it teaches you to research, to be brief and concise in your arguments apart from learning how to address a Court. Actual Court practice is all about having good research skills, good legal interpretation to the facts at hand and then effectively putting this combined skill in a very articulate and humble manner before the Court.

     

    Is there any habit or skills you picked up over the years that you believe is critical to a lawyer’s success?

    Reading your laws, updating yourself on the latest position of law, not restricting yourself to any particular field and the hunger to learn are all part of the homework.

    As far as the class work or effectively putting it before a Court is concerned, I believe a lawyer should be presentable and concise to the Court hearing. One should be calm, no personal remarks against the opposite counsel, certainly no dramatics in Court and the most important skill would be to listen, listen carefully to what the judge puts to you and then answer it precisely rather than beating around the bush. That is where your Court craft comes to the fore.

    A lot of young lawyers get excited and make statements without instructions or without being sure about the factual or legal position, which as per my opinion should be avoided as then the bench doesn’t take you seriously.

    A lawyer being an officer of the Court has the duty and the responsibility to be fair to the Court and not conceal an important fact or document even if it goes against your client. It is also important to be able to draw a line between how a client sees the brief or a particular situation and how you as a lawyer, an expert in the field see it. The idea is to be a lawyer whose word can be trusted, respected and affirmed rather than being a mouthpiece of the client.

     

    What perception of the law and the legal system did you have before going in for an LL.B. and how did the same change through and after your graduation?

    Coming from Allahabad which has a beautiful High Court and having been family friends with some renowned lawyers, to my perception the legal world was and has been full of power, aura and respect. The ability to see a situation from both the sides and the necessary duty to carry the burden of justice on your shoulders are very difficult virtues to stand to.

    I have in my small time here tried to do just that and I sincerely hope that I keep doing that till the time I practice. I have been in effective Court practice since 2011 and luckily for me my life has thrown me into all kinds of storms. So I have appeared from the Tehsildar Court right upto the Supreme Court in different matters.

    My legal aid assignment has taught me the most. It cleared my basics in criminal law; it taught me how to deal with a client independently and how to handle a matter independently. It taught me how to apply my brains to a legal situation and how to win the day. It taught me why the seniors have a good reason to shout on their juniors if the matter is not prepared minutely and effectively.

    Since my practice has been mostly of District Courts of Delhi and the Delhi High Court, I would like to appreciate the quality of Judges we have in these Courts. They are always well versed with the files and the legal position. They are patient listeners totally calm and composed and the most motivating factor is that they promote young talent. It is a very enriching experience to appear in these Courts and every single day, a lawyer learns from it.

     

    What is your workday like? Are there new challenges every day or did work fall into a predictable pattern?

    Once you’re into Court practice, everyday is a new day and an exciting one and more so for me as I am on the Panel of the Legal Aid Scheme (Criminal). I wish my practice and my day never becomes predictable, I would hate it. On a working day, I am working from 9:30 am to 7:30 pm which includes Court appearances, conferences on a daily routine. This timeline is certainly extendable till 9 if a client has some urgency. The vacation days and extended weekends are a much needed part of our profession.

     

    If someone does not go to a top law school, would you say he still has a shot at a great career in law?

    Off course, in the end what wins the day is how much of hard work are you willing to put in to a brief. This career demands a lot of attention, a lot of perseverance and infinite amount of patience. Then slowly you start meeting your clients. This is not where it ends. What distinguishes a great lawyer from a good lawyer is how he conducts himself with his peers, with his juniors, with his clients and in the Court. The most important thing is not to lose your ethics and the trust, standard and proficiency that are expected out of a lawyer and then to be consistent day in and day out.

     

    How did you overcome the initial jitters in a court room full of experienced lawyers and judges?

    Mooting played an important role. But trust me nothing prepares you for your first appearance than the appearance itself. The second appearance becomes the most important then. Luckily for me, I had the full support of my senior in my first appearance, so I felt assured and it went well. The Ld. Judge at the first impression knew a young entrant is appearing and looks nervous and therefore he was very patient. As a fond memory I still have my 500 Rupee note framed with me which I received as my first appearance.

     

    Many students aspire to practice at the Supreme Court and High Courts. Should a student first practice at the trial court to learn the nuances, or is it fine to start at a High Court itself?

    I think the initial two years should be mandatorily in a District Court. It teaches you much more than what you will learn in 5 years in a Senior Advocate’s office. I think you should try to be a cook first before you can call yourself a Chef. You should keep your head down and learn the procedures in the District Court before you can call yourself a decent lawyer who will be able to handle a briefing and effectively brief a senior. This should be the primary aim, to equip your-self with the procedure and to learn to handle or brief a matter both as a whole or hearing wise. High Court practice is also necessary before moving towards the Supreme Court in the later years as it gives you a lot of perspective. It takes your practice to a more refined and polished level.

     

    Do you have any parting advice for all our readers out there?

    Yes, don’t be disheartened if this profession especially litigation doesn’t pay you at the start. No profession does. You have to gradually keep learning and build yourself up to a level and eventually it will all fall into place. Your struggling days and how you react to them will shape you as an individual both professionally and personally. Respect the struggle because it is teaching you.

    Once you hit the headlines for all the right reasons and have a BMW in front of your door, all this struggle and hard work will be worth it.

    But the BMW glamour and the jet setting lifestyle should only be an occupational privilege, don’t make it the only standard for this profession. For our profession is a very noble one. You all have the power and the education to actually assist in imparting justice and that should be the foremost aim. Rest all follows. And trust me this profession demands very big shoes to be filled in, out of which the foremost and the most important ones are ethics, temperament and knowledge.

    To end it, I personally feel that every lawyer should try to help lawyers younger to them and shape them as good leaders and human beings so that the rich and noble legacy of this profession continues.