Can you share with us how your journey into law began? What inspired you to pursue a career in this field?
My journey with law started only incidentally. As a child finishing high school, all I knew of what I wanted to do – was join the corporate world, and be a corporate honcho – I wanted to walk in my father’s rather large shoes – as I had always seen him as a top corporate executive. But I soon learnt that engineering was not for me. No matter how hard I tried – I just didn’t grasp the concepts for JEE exams, while for my friends it was a piece of cake. Then someone told me of a few prominent corporate executives who were actually lawyers by training. Since I had always been a debater, the common opinion was that I would do well in law. That is what I wanted to do, complete my LL.B., do some work, pursue an MBA and then proceed with life. But clearly life had other plans. I started enjoying reading law in law school, and started performing well in Moot Court competitions. But even then I had no plans of pursuing law post my LL.B. Then one day in an international arbitration competition held in Delhi, I was awarded the best speaker, and more significantly, a scholarship to National University of Singapore for an LL.M. No one, in their right mind, can let such an opportunity go by and so that is how I went ahead and pursued my LL.M, even with no intention of continuing with law. When I returned to India, I decided to work in a law firm for about a year (or two) before I would go ahead for my MBA – as previously planned – but my tryst with law, started at JSA under Mr. Sumanto Basu, and that is when I fell in love with law, and with being a lawyer. I saw large corporations, value and plan entire business strategies based on the advice given by Mr. Basu, who in turn based his advice on the work done by us! That realisation was empowering and humbling at the same time. After this, there was no looking back.
You graduated from NLU Jodhpur and then pursued your LL.M from the National University of Singapore. How did your academic experiences shape your career in law, especially in international commercial laws?
Both NLUJ and NUS have had significant contributions to my life. These institutions helped create the foundation for the legal acumen, and the understanding of the principles of law and practice. I owe a lot to NLUJ of course, the fundamentals of our legal understanding, the basic concepts of law, jurisprudence, drafting and advocacy was taught to us, and ingrained in us by the alma mater. NLUJ taught us research methodology, how to articulate one’s opinion coherently in articles, and the art of persuasion – through moot court competitions. The plinth on which I have built my practice, was created at NLUJ. But I think even beyond the academic training, NLUJ played a very big role in the development of my personality. I don’t think law school, at the undergrad level especially, should be looked at only as a place to read and learn law. Much more importantly, this is a place where you’re mixed into a melting pot, and you learn a lot about yourself, and your relationship with the world.
NUS, because I was much older when I went there, and also because the LL.M. is only for a year or so – is where the focus was predominantly on academic rigour. I had the opportunity to sharpen the understanding and application of the laws. In an international LL.M., one is reading foreign law, which may or may not be relevant later. But that is precisely why an LL.M may be important. It trains you to read and comprehend all sorts of legislations – even those which you may not be able to relate to. What was very different in NUS for me, was the way examinations were held. Most of the exams were open – book exams, they didn’t want to assess one’s memory, but one’s understanding of the concepts. This forced me to learn to comprehend and articulate faster, rather than just mug things up. The LL.M. also taught me that there are multiple viewpoints available for the same issue, and that it often varies based on what one’s life journey has been and the culture / society one has been exposed to. This also became relevant and useful when interacting with other lawyers and arbitrators in the international context.
Starting your career at J Sagar Associates, you worked on both the transactional and litigation sides of law. How did this dual experience influence your professional development and perspective as a lawyer?
There is a marked difference in the way transactional lawyers and litigating lawyers deal with clients and with the mandate before them. In both, of course, you keep the client and the client’s interest at the forefront, but there is a difference in the approach. On the transactional side, the focus is on advice and in enabling the client to get a deal done. One is often batting for the client, against another party but, importantly, towards a common goal, i.e., arriving at an agreement, which is mutually beneficial to both the parties involved, and which will govern the relationship of the parties going forward. The understanding of the industry, the Client’s business, its weaknesses and needs, governs your advice and actions.
Whereas in litigation, it is almost always adversarial, where one has to strive to defeat the other side and their version – in order to make one’s own client win. Here, the facts of the case, the law, and the specific personality of the court / tribunal, are what reign supreme in the mind of the advocate. Of course, this is overly simplified, and a generalisation, but that there is a difference in the approach is clear. I can happily say that I thoroughly enjoyed both sides of the coin, but it is the litigating and adversarial side of the practice that I love. The fact that I have received invaluable training from prominent people in both these fields in JSA, I feel I have widened my viewpoint and perspective as a lawyer, which has helped me to grasp issues in a matter, and also comprehend the business realities which cause the clients to make certain decisions. Some of the law firms require freshers to be on rotation, and go through various practice areas for the first 6 – months or so. Given my experience, I think it’s wonderful and long may it continue.
You’ve had the opportunity to work under prominent figures like Mr. Vipin Nair and Mr. Gopal Subramanium. How did these experiences and mentors impact your approach to practicing law and handling significant cases?
My seniors have not merely had an impact on my approach to practicing law, they have all shaped me into the lawyer and the person I am today. My practice, and how I present myself in court and to other advocates / clients, is entirely a reflection of all my mentors and seniors. I have had a number of mentors in my life, but significantly, I must mention Mr. Sumanto Basu – who took me under his wing when I was an absolute fresher and who then taught me not just how to practice law, but even how to conduct myself. Mr. Amar Gupta – who was instrumental in my transition to litigation and who planted in me the love for litigation and court craft. Mr. Vipin Nair and Mr. P.B. Suresh taught me the tips and tricks of independent practice, advocacy, effective drafting and most importantly demonstrated how important it is to build a rapport with the Bench, other members of the bar and the court staff. From Mr Gopal Subramanium, of course, as a very senior and eminent senior counsel, I learnt how a person of his stature prepares for matters, deals with the pressure, the adulation and the criticism, and keeps the dignity of the Court and the need of the matter at the forefront.
Your practice covers a wide range of areas including corporate litigation, arbitration, and consumer law. How do you manage such a diverse portfolio, and what challenges have you faced in balancing these different specializations?
It isn’t about managing a diverse portfolio, I have a practice that covers a wide range of areas, purely because I enjoy a wide range of subjects and each area comes with its own style of pleading, practice, and its own jurisprudence. It is a lot more enjoyable (at least for me), and the issues and the clientele that I interact with are also dynamic and different. As far as I am concerned, it keeps the hunger and the attraction for the law and litigation going. Having said that, I must clarify that having a wide practice area is not unusual, there are several other counsels as well, who practice in several fora and we regularly meet each other in different courts. Those predominantly practice in one type of practice area, do so probably because they have attained true expertise in that field of law and therefore are now required to devote most of their time assisting the courts, and advising clients, in that area of legal practice.
You have been involved in several landmark cases, such as the class action matter involving data privacy and the whistleblower suit. Could you tell us more about these cases and what they mean for the legal landscape in India?
Both of these matters that have been mentioned, are sub – judice, and so I don’t want to get into them in detail. But in short, the data privacy matter is an interesting one, where medical data entrusted with a cloud storage service provider went missing. The service provider took the defence that no liability can be attributed to it, since it provided a back – up only in the more expensive version of its service. The complainant therein was aggrieved by this position since the complainant felt that such a defence cannot be taken when data (and sensitive data such as this) has been admittedly lost based on the negligence and internal glitch of the service provider. Recognizing that this will be an issue for all those who have not taken the more expensive version of the service, a consumer complaint, with an application to treat the same in the interest of the class of consumers was filed. The National Commission passed certain significant orders in the matter (although the matter is pending adjudication), the issue is now before the Supreme Court.
Clearly this is an important issue because this not only deals with the sensitivity with which data must be dealt with, but also as to whether a class action proceeding can be maintained for an issue such as this. With data becoming the currency in the new world, matters such as this, would certainly become relevant for the law to develop appropriately.
The whistleblower matter is another interesting matter, where a person brought to the attention of the internal management of a large MNC that unethical practices were rampant within the organisation. Pursuant to an internal investigation, the admitted whistleblower was terminated from the employment on the ground that he too had been involved in the said unethical conduct. The whistleblower filed a civil suit challenging the said termination claiming that this is an attempt to penalise the person for blowing the whistle internally. He has also filed a Writ Petition bringing to the attention of the Court the fact that the law in India is woefully inadequate as far as according protection to whistleblowers is concerned while several countries have robust laws to protect whistleblowers and to prevent retaliatory conduct. A Judgment of the court in this regard, will certainly have a major impact and may actually cause the law and businesses to provide realistic mechanisms to prevent unethical conduct and to protect those who wish to speak out against such conduct.
As someone who has achieved considerable success in the legal field, what advice would you give to fresh law graduates who are just starting their careers?
Its very nice of you to say so, I don’t know if I can be said to have achieved considerable success – as yet, but if I had to share a couple of my learnings with fresh law graduates, it would be this:
Know your subject and the law very well. Please read the law. This includes being updated with the recent judgments and reading the bare acts. I have come to learn that knowing the law really well puts you at an advantage on any side of the practice. There is simply no substitute for it and those who really become prominent, almost always, have a strong command on their subject and are armed with a profound knowledge of the law.
Not many really know what is good for them, and what they are meant to be, especially so, when you’re a fresh law graduate, and your only understanding of the legal world is through limited internships and maybe SUITS! Therefore take on all experiences wholeheartedly. Don’t resist any new experience or challenge, it is only in the deep end that we really learn how to swim. Plus, it is the ability to see a problem or a legal issue, from various viewpoints and perspectives, that sets one apart from the rest and that ability is honed especially by having a varied bouquet of life experiences. So don’t sweat the small stuff and dive – in deep.
Can you please share your childhood memories, what were some key experiences or influences that led you to choose a career in law? Was there anyone who particularly inspired or motivated you to pursue this path?
I was raised in a middle-class household in Bulandshahr, Uttar Pradesh, where I was born in 1991. My family moved to Delhi in 1995, and I have lived there ever since. My education consisted of eight classes at Sant Vivekanand Public School, followed by classes nine and ten at Hindon Public School, and classes eleven and 12 at Mukherjee Memorial School. I then completed my B.Sc. (Physics) at the University of Delhi’s Ramjas College. I have no legal family background as such I had no interest in law until my first year of graduation, and I never thought to become a lawyer in the Future. However, as I started my second year of graduating, I learned about the numerous well-known characteristics of the Campus Law Center and its graduates.
Can you share some of the challenges you faced during the initial days of your legal career, and what motivated you to take the Advocate on Record (AOR) exam?
During my time in law school, I decided to pursue a career as an Advocate-on-Record (AOR) in the future. To qualify for the AOR examination, I needed four years of practice as an advocate and one year of training with an existing AOR. Therefore, I decided to start from scratch and join the chamber of Sh. Rajesh Mahindra, a well-known civil advocate at Tis Hazari Court. Under his mentorship, I learned the fundamentals of civil law, drafting, arguments, and procedural aspects.
In 2017, I took a significant step in my career by joining Intelia Law Offices as a Senior Associate, where I worked until 2018. Following this, I embarked on my independent practice at Tis Hazari Court. My dedication and hard work led to my appointment as a panel counsel for the Delhi Legal Services Authority (DLSA). Since then, I have been serving as a panel counsel on the civil panel in the North East and West districts of DLSA, continuing to hone my skills and contribute to the legal community.
How do you manage your multiple roles, including being a legal aid counsel, a media panelist, and an advocate, without compromising on any of them? How do you balance your legal practice with media engagements, and what value do you see in this role?
Balancing multiple roles is challenging but achievable with disciplined time, management, and effective delegation. Media engagements complement my legal practice by enhancing public awareness and professional visibility, ultimately contributing to my growth as an advocate and public servant.
As an Advocate on Record, what are some of the most challenging cases you’ve handled at the Supreme Court, and how did you approach them? Please share your first experience appearing in court? What were the emotions and challenges you faced, and how did that experience shape your perspective on advocacy?
I became an Advocate-On-Record last December only as such I do not have too much experience as an Advocate-On-Record but I have been practicing in the Supreme Court for four years and appeared in hundreds of matters and gained a lot of experience. You can approach the client by your hard work which must be reflected in your case.
How does your work with the Delhi State Legal Services Authority impact the community, and what motivates you to continue providing legal aid?
I have been working with the Delhi State Legal Service Authority since 2017 appeared in more than hundreds of cases and finally left after becoming Advocate-On-Record. Working with DLSA is a different type of experience where you are blessed to help needy people who do not have money to fight for their legal rights. Being a Legal Aid Counsel, you have an opportunity to meet the persons who are needy and don’t have any knowledge, source of income to get justice.
You’ve published many articles and received recognition in various media outlets. How important is it for legal professionals to engage in public discourse and share their knowledge?
Engaging in public discourse and sharing knowledge is increasingly important for legal professionals for several reasons: 1. Public Education and Awareness 2. Professional Credibility and Influence 3. Shaping Legal and Policy Debates 4. Legal professionals can use their platform to advocate for social justice and reforms. 5. Professional Development and Building Public Trust in the Legal System
Overall, legal professionals who engage in public discourse not only benefit their careers but also contribute significantly to society by promoting legal literacy, influencing policy, and advocating for justice.
You attended an advocacy workshop organized by George Washington University Law School. What insights did you gain from this experience, and do you recommend similar workshops for new entrants in the legal field?
By attending a workshop, especially new entrants in the legal field may enhance their communication skills, strategic thinking, practical experience and confidence in the legal Field. I highly recommend similar workshops for new entrants in the legal field. They offer a comprehensive introduction to the practical aspects of legal advocacy and provide foundational skills that are essential for a successful legal career.
Outside of your legal career, what are some of your personal hobbies or interests that help you maintain a work-life balance?
I like playing cricket, archery, and writing poems. It is very difficult to maintain a work-life balance along with Advocacy but when you love your profession everything is possible.
What advice would you give to young lawyers who aspire to practice at the Supreme Court or start their chambers?
I would like to advise young lawyers that they should start their practice from the trial court and read at least one judgment daily on any topic that they like. I do not suggest any young lawyer to start your practice just after passing the LLB. He should work with a senior Advocate for at least three years to explore the practical knowledge of this profession.
What prompted you to establish the Law Chamber of Manish Kumar, and what vision do you have for its future? What are your future goals in the legal profession, and what new dimensions do you hope to explore in your career?
My wife who is also an Advocate encouraged me to start my law office i.e. Law Chamber of Manish Kumar. I do not want to share my future dream but you will have come to know my future goals in future.
Can you share what initially inspired you to pursue a career in law? Was there a specific moment or influence that set you on this path?
From a young age, I had a strong inclination towards law because it represented a pathway to justice, which deeply appealed to me. The idea of being able to contribute to fairness and uphold the rights of individuals and communities was incredibly motivating. There wasn’t a single moment that set me on this path, but rather a consistent interest in the principles of justice and equity. This passion ultimately guided my decision to pursue a career in law.
You have an impressive educational background, including an LL.M. from Penn State Law. How did your studies there shape your legal perspective, particularly in specialized fields like Antitrust, Bankruptcy, and Energy Law?
Thank you for your kind words. Indian competition law has largely evolved from U.S. antitrust law, so studying this area in the U.S. provided me with valuable insights that I could apply back home. Bankruptcy law was particularly intriguing, as it was a nascent field in India with the recent enactment of the Insolvency and Bankruptcy Code (IBC). Engaging in a comparative analysis with U.S. bankruptcy laws provided me with a robust foundation, which has been incredibly beneficial as I now specialize in this area. Energy law, while still evolving in many respects, is a field where the growth of renewable energy sources presents significant opportunities. My studies at Penn State Law allowed me to explore emerging trends and regulatory frameworks in the U.S., equipping me with the knowledge to anticipate and navigate similar developments in India.
Being a dual-licensed attorney in both the State of New York and India is quite an accomplishment. What challenges did you face while obtaining these licenses, and how do they complement your practice?
Obtaining licenses to practice law in both the State of New York and India was incredibly rewarding. Passing the New York Bar exam felt like a wonderful accomplishment. It was a daunting exam, but successfully navigating it instilled a sense of confidence and added credibility to my professional profile. Being dual-licensed complements my practice by allowing me to offer a broader range of legal services and insights, bridging the legal frameworks of both jurisdictions. This dual qualification enables me to better serve clients who operate internationally and provides a unique edge in comparative legal analysis.
Your work primarily focuses on resolving civil and commercial disputes. What drew you to this area of law, and what are some of the key challenges you encounter in these cases?
I have a profound understanding of the intricacies involved in civil and commercial fields like tax and bankruptcy, which provides a specialized edge in my practice.
I enjoy tackling challenging subjects, and given the vastness of civil and commercial law, it’s akin to navigating an ocean with no shore. The complexity and diversity of issues keep me intellectually engaged and continuously learning.
One of the key challenges in these cases is the depth and breadth of knowledge required to address the multifaceted legal and factual issues that arise. Each case is unique, demanding a thorough analysis and a tailored approach to achieve a resolution. Additionally, staying updated with constantly evolving laws and regulations is crucial. Overall, the dynamic and challenging nature of civil and commercial disputes aligns perfectly with my passion for the law and my desire to make a significant impact in this field.
You’ve advised both domestic and international clients on complex legal issues. How does working with international clients differ from domestic ones, and what unique perspectives do you bring to the table?
Working with international clients often involves navigating diverse cultural backgrounds and managing a broader range of projects. This variety provides access to a wider array of legal issues and challenges, making the professional journey more enriching. Being well-versed in multiple jurisdictions allows us to offer valuable insights and advice that are beneficial from both regulatory and compliance perspectives. We guide clients on a macro level, considering the broader implications of their legal matters across different legal systems. This comprehensive understanding enables us to tailor our advice to meet the unique needs of international clients, ensuring they receive well-rounded and effective support and do not have to rely upon or engage multiple professionals across different jurisdictions.
As a trained mediator, how do you integrate mediation techniques into your legal practice, and what benefits do you see for your clients in resolving disputes through mediation?
As an Advocate, it is essential to weigh the best interests of the client. Often a client is warring within their corporate circuit or amongst their familial relationships which could be settled out-of-court with third party intervention. Significant court backlogs and investment of time and resources required for litigation often motivate clients to pursue mediation, if counselled well. We do take pride in facilitating communication between disputing parties, by mediating between them and subsequently drawing up agreements, reiterating that issues can be resolved more efficiently and amicably through ADR than court proceedings. Even once litigation has been initiated, mediation techniques can play a crucial role in guiding parties towards a settlement. Overall, the use of mediation not only provides a more amicable and cost-effective resolution for clients but also helps preserve relationships that might otherwise be damaged by adversarial litigation.
Finally, what advice would you like to give to fresh law graduates who are about to start their legal careers, especially those aspiring to achieve similar milestones as yours?
My advice is not to fret and take the time to understand how vast the field of law truly is. It’s no longer confined to the dual choice of litigating or working for a corporate firm. The profession has expanded to offer numerous new, untapped opportunities.
I delved into the specialized field of taxation law two years after graduation, which demonstrates that you don’t have to figure everything out during law school. Use internships to explore different areas and weigh where your interests lie. This practical experience will help you discover your passion and guide your career path.
Remember, the journey to achieving milestones takes time, and each step, whether big or small, contributes to your growth as a legal professional. Stay open to learning and embrace the diversity of opportunities the legal field has to offer.
Can you take us back to the beginning of your career? What motivated you to pursue law, and how did you start your journey in this field?
My journey into the realms of law began serendipitously as I turned the pages of an old magazine that featured an obituary of the legendary constitutional lawyer, Nani Palkhivala. The year was 2004, and I, a science student at the time, was at a crossroads about my future. Palkhivala’s profound influence on the legal landscape struck a chord with me, prompting my decision to pivot from science to law. This epiphany led me to enroll in a 3-year LL.B course with a deep-set desire to build a career in litigation and emulate Palkhivala’s mastery in constitutional law and interpretation of statutes. My affinity for literature blossomed simultaneously, nourishing my analytical skills and enriching my legal acumen. Eventually I would read a lot of literature on Palkhivala and read many judgments where he had argued.
Before pursuing your LL.B., you completed a B.Sc. in Physics. What was your career plan during your time studying physics, and what inspired you to transition to law?
While my initial academic pursuit in Physics was driven by a fascination with science and an aspiration to become an air force pilot, my career trajectory took a decisive turn following a series of introspections and a pivotal setback in the air force selection process. The rigorous analytical training from my science background seamlessly transitioned into legal studies, where I discovered a profound passion for law. This newfound path was not just a career choice but a calling to delve into the intricate domains of statutes and societal norms.
As an Advocate-on-Record at the Supreme Court, what unique challenges do you face compared to other courts and tribunals?
Supreme Court practice is a unique ball game in itself. The challenges aren’t many but with constant and consistent preparation, it’s a delight to practice here in the long run. It eventually becomes more rewarding with passing years. As a Supreme Court lawyer, we require to inculcate all the requisite qualities of a good lawyer across all courts and tribunals. The emphasis however is on acquiring more and more knowledge on law, precedents and statutory interpretation.
Practicing at the Supreme Court is akin to playing in the major leagues of law where each case can set a precedent or influence national jurisprudence. The key challenges here are the rigorous scrutiny of Special Leave Petitions under Article 136 and the statistically low acceptance rates of such petitions. This requires a deep understanding of both law and material facts to present substantial questions that warrant the apex Court’s intervention.
Despite these hurdles, the satisfaction of advocating at India’s highest Court, where the stakes are monumental and the outcomes deeply impactful, is profoundly rewarding. The great thing about the practice in the Court is that it is the last resort of a litigant to get Justice and the Court, in many cases, allows substantial questions of law and also questions of fact to be opened up for rendering Justice to see that Justice is done in the case of deserving litigants.
You were associated with Dr. Justice Akshaya Kumar Rath and Mr. Ashok Panigrahi. How did these associations shape your professional path and legal philosophy?
Both my seniors imbibed in me a sense of industriousness and punctuality during my early years of practice. Dr. Rath was eventually elevated as a Judge of the Hon’ble Orissa High Court. He is a man of unwavering integrity and imbibed in me those principles. He has voracious reading habits and that’s from where I picked up a taste of reading a lot on all subjects- from law to biographies, literature, spirituality, philosophy and science. He keeps himself updated on judgments and precedents and was a very good taskmaster. Subsequent to his retirement, we keep in touch and exchange a lot on our current reading. We talk about foreign judgments and articles in journals like Harvard Law Review etc. Dr. Rath instilled in me the virtues of diligence and broad intellectual curiosity.
Mr. Panigrahi was very influential during my early years at the Supreme Court. He helped me connect with a lot of people. He reposed a lot of trust in me while pursuing drafting assignments during my early years. He helped me a lot on the minute nuances in Supreme Court practice and the best methods to prepare a case and brief a Senior Advocate.
I shall always remain grateful to my seniors for where I am now and to have helped me set higher standards. These formative associations have not only crafted my legal perspective but have also deeply ingrained a commitment to excellence and ethical practice.
Given your top position in the Advocates-on-Record Examination, can you elaborate on the importance of this exam for legal professionals and share some tips for aspiring candidates?
Passing the Advocates-on-Record examination is a sort of rite of passage into long-term, successful and progressive practice in the Supreme Court. It offers pan-India recognition as a Supreme Court Advocate and builds a great reputation while appearing in various Courts and jurisdictions. The preparation for the examination involves acquiring minutes of Supreme Court practice and procedure, developing deft drafting skills, building up good ethics in the practice of law, sound knowledge on legal principles, interpretation and precedents. The more a person spends time in the Courtrooms, administrative offices and sections of the Court, one builds up a sound practical idea about how things work in the Court. The academic environment in the Supreme Court with illustrious Senior Advocates and colleagues is also very conducive to efficient learning of legal concepts and effective performance of aspiring lawyers.
The Advocates-on-Record exam is also a quality control system adopted by the Supreme Court, akin to the Solicitor’s exam, to maintain high quality amongst Supreme Court practitioners. The exam stands as a gateway to distinguished practice in the Supreme Court, signifying a benchmark of competence and credibility. For aspiring candidates, my appeal is to immerse oneself in the daily proceedings of the Court, engage with seasoned practitioners, and maintain an unwavering commitment to the profession’s highest standards. This not only prepares one for the exam but also for a fulfilling career at the bar.
What are some of your hobbies and personal interests, and how do they help you manage the demands of your legal career?
My personal interests—ranging from aviation to literature and community service through the Rotary Club—enrich my life beyond the courtroom and provide a balanced reservoir of calm and resilience. These pursuits offer fresh perspectives and a creative outlet that enhances my professional stamina and mental acuity, crucial for navigating the demanding landscape of legal practice. I relish reading a lot on diverse subjects, travelling, spending quality time with my family and small circle of friends. I find it interesting to keep myself updated on the latest trends in the aviation industry. I’ve been associated with the Rotary club and I am the incumbent secretary of my club where I engage in various social activities. I like going on long drives. I enjoy cooking on holidays. These help me maintain an inner calmness. Reading legal literature, biographies, legal anecdotes, science, fiction and technology related topics helps me build a balanced perspective on life. These activities not only provide relaxation but also keep me grounded and focused, enhancing my productivity and approach to legal practice.
You recently completed a Diploma in Bhagavad Gita from ISKCON Bhagavata Mahavidyalaya. What inspired you to pursue this diploma, and how has it influenced your personal and professional life?
I was amazed as well as intrigued by being introduced to the life led by the Brahmachaaris at ISKCON who have renounced the worldly affairs and have dedicated their lives towards studying and learning of the Vedas and Vedic scriptures, and acquiring knowledge on their underlying philosophies. From them I came to know about the significance of Srimad Bhagavad Gita. Each verse of the Gita is a treasure trove of deep and elegant philosophies of life. The meditation and chanting techniques discussed therein are of a superlative order in the impact that they exert on our thoughts, way of life, and understanding of things, circumstances and people. The way of life enunciated in the Srimad Bhagavad Gita is par excellence. It has helped me gain perspectives in my personal, social and professional life. Recently, I faced something immensely life-threatening. My reference to verses of Gita and my association with instructors from ISKCON helped me face things with courage and positivity.
Life’s ephemeral nature coupled with its fledgling possibilities are sufficient reasons for one to study and understand the philosophies from Gita. It certainly helps me maintain equanimity of thoughts in both gains and losses. Pursuing the Diploma in Bhagavad Gita was an exploration into the philosophical bedrock of existence and ethics. The profound wisdom of the Gita provides a powerful framework for personal and professional resilience, guiding me through life’s tumultuous phases. This spiritual grounding enriches my legal practice, allowing me to approach each case with a balanced perspective and deep humanity
Which area of law are you most passionate about, and what drives your interest in this field? Please share some memorable cases in this area.
I am passionate about Constitutional Law, Administrative law and Criminal law. The vast amount of literature on the philosophy of law hovering around constitutional law, interpretation, evidence etc. have always drawn my interests. Such fondness helps me take up cases on diverse subjects of law. It helps me take up challenging work for my Law Firm. I have worked in a number of challenging cases both in the private practice arena as well as in the capacity of a government Advocate for the Orissa State.
My passion for Constitutional, Administrative, and Criminal Law is driven by the dynamic interplay between law and societal values. These fields offer a platform to address fundamental rights and freedoms, challenging me to forge paths of justice in complex legal terrains. From cases involving civil liberties to intricate administrative disputes, my role as an advocate and a managing partner at Vaibhav & Dash Law Associates provides a continuous engagement with law’s transformative power. I have come across some of my most memorable cases while representing the state in a number of criminal cases involving the offence of murder, cases involving land allotments made by the government, land acquisition cases and service matters involving intricate issues of pay scales and promotions.
While dealing with private cases, we were recently able to get an order of quashment of FIR from the Supreme Court in a case involving a purely commercial dispute which was given the cloak of a criminal prosecution. We have also been able to amicably settle a number of disputes before the Supreme Court through effective mediation.
Can you share some of the pro bono cases you’ve worked on? What drives you to take on these cases, and how do you think they impact the community?
My commitment to pro bono work is motivated by a fundamental belief in justice accessible to all. I have worked on a number of pro bono cases in various courts including the Supreme Court. These are mainly criminal cases, consumer disputes, service matters for young recruits and matters for students in cases of admission to educational institutions. By some quirk of fate, I met an auto rickshaw driver in Delhi who was an accused in a death by negligence case. We prepared the case well and he was acquitted by the Trial Court.
I have appeared in the NCDRC for an insurance claim of a person whose property was stolen during the super cyclone in Odisha. I have represented a person with disability suffering from mental disability while seeking recruitment in the All India Services before the Central Administrative Tribunal and the Delhi High Court. I have appeared for young medical students in matters relating to their fees and admission to post graduate degree courses. These cases reinforce the societal impact of law and underscore the profound responsibility lawyers have towards equity and advocacy.
You are presently empanelled as Advocate-on-Record for the State of Odisha, Cuttack Development Authority (CDA), Odisha Hydroelectric Power Corporation Ltd (OHPC), and Canara Bank. Could you share some work details and responsibilities involved in these positions?
Being an advocate for the government, various public entities and corporations offer immensely enriching experience on diverse subjects. I have garnered a significant amount of professional work experience through working in matters concerning these institutions. While appearing in such matters the advocate is expected to maintain high standards of integrity and assist the Court on facts when needed. The work involves multifarious areas of law and requires a meticulous approach to legal and procedural details, ensuring that the entities I represent adhere to the highest standards of legal conduct and fairness. The responsibilities of a lawyer in these positions are heightened, and so do the standards expected of them from the Courts. It also involves dealing with government officials and advising them properly on the standards expected of their actions in Courts in respect of procedural propriety, fact based approach, correctness in the pleadings and avoidance of tardiness in approaching the Court while taking legal recourse and complying with Court’s orders and directives.
The sense of responsibility expected by Courts from state entities, as public trustees and model employers, is far too greater in comparison to ordinary litigants. A lawyer representing the state entities has to, therefore, (as expected and imperatively required) be very vigilant, maintain high standards of responsibility and integrity and act as a facilitating bridge between the Court and the state entities in the quest for justice.
Hello and welcome to SuperLawyer. Today, I’m here with Dr. Ranjana Kaul, who is a partner at Dua Associates with a specialization in the UN International Space Law Treaty regimes and International Air Law treaty regimes as well. Dr. Kaul advises on civil and commercial activities in outer space and on the military usage of outer space.
The advisory includes national space policy and statutes mandated under the International Space Treaty for the national activities, including military, civil, and commercial in outer space. Dr. Kaul has over 40 international and national publications. She has an LLM from the Institute of Air and Space Law from the prestigious McGill University, Canada, and an LLB from Delhi University.
Given your diverse academic journey from studying history to obtaining PhD in constitutional history, could you share what led you from this kind of background in history to specializing in UN international space law treaty regimes, as well as your academic pursuits with space law and air laws?
So, this trajectory isn’t the typical one you might expect. It spans from my completion of a B.A. and an M.A. My M.A. was in history, but my specialization was in constitutional history, and that’s what I focused my dissertation on. Regarding law studies, my parents, particularly my mother, weren’t keen on me pursuing law, despite more than 50 percent of my father’s family being lawyers. She even enlisted the help of an uncle and a cousin, both practicing in Bombay, to dissuade me from pursuing law. However, I wasn’t inclined to rebel at that time. Matters progressed, and after getting married, I pursued law. I completed my LLB much later, as deep down, I always aspired to be a lawyer.
There was an advertisement in the newspaper while my husband and I were walking in Lodhi Garden. He pointed it out and asked if I had seen it. I admitted that I had, but I was hesitant about the entrance exam, as I had never taken one before. He reassured me, saying that the worst-case scenario was failing the exam. Encouraged by his words, I took the entrance exam and passed. Thus, I pursued law alongside other responsibilities, primarily because I had young children at the time, and I wanted to be present for them.
I juggled writing, as I used to be a journalist, and evening law classes while managing my household. Eventually, I started practicing law. I initially joined a firm called Vaish Associates in Delhi, where Mr. O.P. Vaish was my first mentor. It was a fantastic experience, and I’m still in touch with the family. Later, I started my own practice. Unexpectedly, my husband informed me one afternoon, out of the blue, that he was being posted to Montreal for three years. This revelation came as a surprise, considering the short notice and the lengthy duration of his posting.
I said, “But you were not under posting order this morning when we were having breakfast.”
“What happened between then and now?” he said.
“Well, I had a call, and I had to give a reply in half an hour. I knew you would react like this, so I’ve come to tell you,” he explained.
“Yes, but what about all this? You know, all my law books, my files, and this and that,” I questioned.
“I was practicing on my own. Not easy to set up on your own,” he responded.
“Well, that’s up to you,” he remarked, then did an about-turn and went back to the office.
I just froze in my chair. I didn’t know what had happened to my life all of a sudden. Anyway, I thought about it. Five minutes later, there’s a phone call. There were no mobiles then, so it was my daughter calling on the landline.
“Have you heard of a university called Concordia?” she asked. Of course, I hadn’t, so I kept quiet.
“So you haven’t,” she deduced. “Has Papa heard about it?”
“You should ask him,” I replied.
“That means no. And you mean to say that my parents are asking me to join a university in Montreal, neither have heard of and give up the best college in India, which is St. Stephen’s,” she exclaimed.
“Now look here, Mahima, it is what it is, and you just have to pack your bags and go,” I advised.
“I will not go,” she declared.
“No, you don’t have an option here. When am I supposed to go?” I informed her.
“Actually, this weekend,” I told her.
“I’m coming home,” she decided. She was in college. She drove home and asked, “What does this mean?”
“Listen, don’t ask me. I have been informed two hours ago, so you have to go,” I explained.
All this went on, and that poor girl, screaming and kicking, went off to Montreal.
“But I don’t want to study in Concordia; I want to study at McGill,” she protested.
“Now look here, Mahima, since you’re a bright girl, I am sure that you can go to Montreal, sign up in Concordia, walk across to the admin office of McGill, tell them how bright and brilliant you are and what they’re missing, and ask them to take you,” I encouraged her.
She did that, and they said, “All right, we’ll take you, but you have to get a certificate of equivalence.”
She called me from Montreal, saying, “I need this.”
“All right,” I replied. So I went to Stephen, spoke to the principal, got a letter together, and lo and behold, she was at McGill doing international relations, exactly what she wanted to do.
Then I stayed on in Delhi. My husband went in July, my son was reading economics at St. Stephen’s, and he was now headed to Cambridge. So we stayed in Delhi. I mean, I had to sort out things. I left in October, and Ishan sort of peeled off in London, and went off to university. I carried on to Montreal. All of that was fine. But a week after I had sort of recovered from the jet lag, I found myself with nothing to do. I’m a working person. I just couldn’t imagine what it is that could happen to my life for three years more.
I had decided to entrust my practice to a colleague and continue onward. In any case, my husband noticed that I wasn’t entirely content with my current state. So, he arranged for someone to invite me to lunch at the Montreal Club, where I was indeed invited.
During lunch, I met Justice Joseph Nuss, who had previously presided over the Court of Appeals in Quebec. Upon hearing my story, he inquired about my knowledge of air law. Given that air law was unfamiliar territory in India, my expression likely revealed my lack of familiarity. Justice Nuss then broached the topic of space law, to which I also had no background.
He suggested I visit the Institute of Air and Space Law the following morning and meet with Paul, the director. Initially hesitant, given my existing PhD, I eventually relented and enrolled in a certificate course spanning three months.
Upon learning that an LLB was not a prerequisite for the course, I consulted my husband for approval. Following his encouragement, I embarked on the journey, aided by his morning lifts due to inclement weather.
At the conclusion of the 12-week program, I was informed that I had excelled, prompting the director to propose further studies leading to an LLM. Despite my reluctance to undertake another dissertation, I ultimately pursued the LLM in Air and Space Law.
Under the guidance of Professor Ram Jakhu, a leading figure in International Space Law, I specialized in regulating satellite telecommunications in India for my dissertation. Professor Jakhu envisioned my formal training in these laws as being of great benefit to our country in the future.
My stint in India commenced in 2005 after a three-year tenure abroad. At that juncture, my husband’s return to India prompted a call from Mr. Dua, the managing partner, who was acquainted with him. Mr. Dua, upon learning of my return, extended an invitation to join the firm. Agreeing to this proposal, I scheduled my arrival for July after the summer recess and court resumption.
However, a twist of fate altered my plans. In March, I received a call urging me to expedite my return for an international conference on national space laws organized by the International Institute of Space Law in collaboration with the UN and ISRO. Tasked with presenting on India’s national space law, I initially balked, citing my lack of knowledge about Indian laws. Nonetheless, spurred by Professor Jakhu’s encouragement, I dove into research, crafted a presentation, and embarked on the journey back to India.
My presentation at the conference left the space establishment astounded, as it broached topics hitherto unexplored. Back then, private sector involvement in outer space activities was unheard of, rendering my insights groundbreaking. Despite the initial shock, the leadership displayed unwavering support, fostering an environment conducive to exploration and innovation.
Subsequently, my involvement with the International Institute of Space Law in Paris deepened, culminating in my current role as a board director. Over time, India’s space landscape witnessed significant transformations, catalyzed by Prime Minister Modi’s 2020 announcement, which expanded civil space activities to encompass commercial endeavors.
Concurrently, developments post-Kargil underscored the imperative for military space assets to bolster national security. This narrative, which commenced in 2000, culminated in the establishment of a defence space agency. The 2020 reforms further propelled the convergence of defence and commercial space endeavors, heralding a new era of technological synergy.
However, despite these advancements, a glaring gap persists in academia regarding space law education. Unlike traditional legal subjects, space law remains conspicuously absent from law school curricula in India. Yet, with India’s astronomical achievements garnering widespread acclaim, burgeoning interest among students is palpable.
Indeed, the allure of space exploration has sparked enthusiasm among young aspirants, fostering a keen interest in aerospace engineering and related fields. Notably, this burgeoning interest extends to participation in international competitions, such as moot court competitions organized by esteemed institutions like the International Institute of Space Law.
In conclusion, my journey traverses the evolving landscape of space law, underscored by groundbreaking developments and burgeoning interest among students and legal practitioners alike.
So, it’s called the Manfred Lachs Space Moot, World Space Moot. The finals of the Manfred Lachs Space Moot competition are presided over by three sitting judges of the International Court of Justice every year. You can understand the caliber and the importance that the Western world and the rest of the world that are plugged into this domain attribute to space and space activity.
Many of our law school students want to participate because it’s global participation. Many times, our universities have brought back the prize, the trophy, but it doesn’t give them a job here. There is interest. So now, I have seen the trend in universities. At the master’s level, you may have an optional course in Air and space law. Meaning, it is read in one line, Air and Space law, although these are two separate. And there is now the possibility of an LLM in international law.
In our country, LLM is a two-year degree course. So in those two years, there is one semester in which you will study UNCLOS, that is International Convention on the Law of the Sea. You will read the Chicago Convention, which is for International Civil Aviation. And you will read the Outer Space Treaty, which is for Outer Space. And you will read the Moon Agreement. All in one semester. Now, it is not enough, you get some sensitization, for sure. But if you’re dealing with it, to advise somebody, whether it’s the government, it’s the military, it’s a civilian, whoever it is, or it is a commercial, on the nuances of it and how it translates into our domestic national law, of which there presently isn’t for space activities, but all are normative laws.
When you’re doing activities on the ground, of course it is the laws that exist. To be able to explain that needs expertise in understanding the nuances of the treaty. They just sound so wonderful and benign, but they’re anything but that. So that is where it happened and I never planned it.
I think my circumstances took me along this path. And frankly, I don’t think what I could have done without the circumstances and without the series of mentors that I’ve had.
I don’t know what to say. I’m quite surprised at myself sometimes, but there it is.
Ma’am, you’ve achieved so much in your career, and I’d like to delve into your role as a founding member of Spaceport, Sarabhai—India’s first independent think tank dedicated to outer space. Could you share the story behind its founding, the goals and vision you had when you initiated it, and the kind of space-related discourse in India you hope to foster through this think tank?
So really, the idea of Spaceport Sarabhai started with five of us as founders, but the true originators were my colleagues, Susmita Mohanty and Narayan Prasad, whom we call NP. They are both engineers and experienced entrepreneurs who have established their own companies. We felt the need for an independent think tank, free from the constraints of government boundaries or the limitations of individual knowledge, to discuss space-related matters openly.
We also wanted a forum where India’s voice could be heard internationally and where international voices could be brought to India. For example, in one of our early sessions, we invited Professor Stephen Freeland, who is now heading the UN COPUOS working group on the legal aspects of space resources, including lunar resources, along with another expert from Australia, to discuss the various nuances of the Artemis Accords. These accords are a multilateral United States effort involving over 30 countries, aimed at furthering civil activities like mining and long-term human habitation on the moon, Mars, and commercial asteroid mining.
India is a signatory to the Artemis Accords. We explored how this fits into space law, the possibilities it presents, and the concerns it raises. These topics have not been discussed in any university to my knowledge, nor have I been invited to such discussions in any academic setting.
We realized the need to understand these issues, as many people have questions but don’t know whom to ask. For instance, when we had the geospatial policy session, we created a platform for these discussions. Currently, we are planning a forum to invite young space lawyers in India. Many young Indians, like yourself, have pursued advanced studies in space law, earning LLMs from prestigious institutions outside India, such as McGill, universities in the United States, Europe, Leiden University in the Netherlands, and Cologne University in Germany.
There’s a space university in Strasbourg, and many similar institutions exist. We can invite international experts due to our network. We also produce reports independently, without government affiliation, which allows us to present alternate narratives. For example, regarding the early space companies established around 2010, few have reached the stage of operating commercially within India. Many have relocated their operations outside India, though they maintain offices here.
One significant issue is the availability of venture capital and funding rounds, yet no startup has begun commercial operations within India. It will happen in due course, but currently, there are challenges, including the complexity of third-party insurance for space activities. According to the Outer Space Treaty, the state is liable for space assets and those of non-government entities if they cause damage in outer space, in airspace, or on Earth.
Practical aspects need to be addressed for the state and entities to comply with these regulations. This includes determining the extent of third-party liability, identifying vendors, and understanding insurance provisions.
Regarding lunar exploration, some colleagues and I, including NP, were invited to discuss the architecture of a potential moon village. NGOs are already considering the environmental aspects of lunar mining. Given the pollution issues we’ve created on Earth, it’s crucial to establish practical standards for the moon. Additionally, we must consider the prospect of contestation over valuable lunar resources, especially with countries like China and Russia planning to set up an international lunar research station, and other countries, including India and Japan, having their lunar programs.
We need to simulate future scenarios, understand treaty laws, and identify safeguards. These are the questions we wanted the freedom to explore, which motivated Susmita, NP, and others to establish Spaceport Sarabhai. Named after Vikram Sarabhai, the father of the Indian space program and the first chairman of the Department of Space and ISRO, Spaceport Sarabhai (S2) aims to foster open discussion and development in space exploration.
Ma’am, I cannot stop myself but asking you about space travel, which we are planning, then the kind of space debris which we will be facing, space pollution, which we are talking about, the space vacations which we people are now planning that if space colonies will be established, how will we travel the kind of obviously jurisdiction issues. I’m interested in understanding how your think tank aims to support and enhance planning for space travel and space vacations. Additionally, how approachable is your think tank, and how can people get involved? Please share details on how interested individuals can connect with you, and what kind of knowledge or preparation they should have before reaching out.
So, first and foremost, we have a website. Please Google and visit our site to find all the information you need on how to connect with us and what we can do. We are at a very nascent stage, with just the core group working. It’s early days, but we would certainly love to hear your ideas.
We want to see how we can involve more people. For example, we had one young student who approached us, expressing his interest in contributing to our work. He produced a wonderful report on space insurance. So, please involve yourself. What can we do for space lawyers?
As I mentioned, we are now planning a podcast series and a panel of young space lawyers to discuss the issues they are facing, what they think should happen, and how the field can be developed. These are still very early days in figuring out how to establish appropriate national laws for activities in outer space, especially concerning commercial space activities. This task falls to the government, and it’s a complex one to draft a national space activities law.
As I mentioned earlier, when you read the Outer Space Treaty, it seems simple and straightforward, almost like being in a meeting of Girl Guides or Boy Scouts. However, it is anything but that. There isn’t a definitions clause, so the terms are not clearly defined. This requires intensive academic research and work. It’s a very demanding task, and I know this because I do it.
It is consuming, but at the end of it, you know precisely what is required and what it means. Therefore, if I’m going to draft a national space law, I know what I should do and what I must not and cannot do. This is crucial because, in space, you have military space activity.
They have different nuances. The Outer Space Treaties are linked to the UN Charter and to international security. Space, after all, is a physical domain that does not recognize state sovereignty. You cannot extend state sovereignty above 100 kilometers from the surface of the earth, and it’s the laws of physics.
We all remember our basic Kepler’s laws and such. The technology is overcoming the challenges of physics in space, for instance, going against gravity at a very basic, simple level. It is all related to military technology. These military technologies can be used for military activities or for non-military activities like India does, which we call civil space activities. It’s the same technology.
The difference between the government space program and the commercial sector is that the emergence of commercial companies has nothing to do with the government and receives no support from it. Secondly, they are developing their proprietary IPR with the intention that the technology platform they create will offer customized solutions to their customers to earn money, of course. The mental framework in which our young space companies approach the subject is like any other business.
Any other commercial company in India is doing something to achieve a rate of return, which is exactly different from the state, which provides certain services to its citizens as an obligation of the state. The approach to the subject is different, but all are governed under the Outer Space Treaty and the corresponding treaties.
When, for example, damage is caused by your space object or by a state’s space object in outer space, in airspace, and on the earth, you know, debris keeps falling now and then, here and there. We read in the newspaper that a piece of debris fell in northern Maharashtra or wherever it is and did not cause any damage to life and property. Normally, the states do not like to attribute or identify that this piece of debris came from the space object of such and such. They don’t like to because space is geopolitics. Space is high stakes. So you have to tread extremely carefully in what you say and what you don’t say, especially on an official platform.
Basically, you’re walking on eggshells. That is what it is.
Ma’am, how do you see your role as a Partner at Dua Associates contributing to the evolving landscape of the UN International Space Law Treaty? How does your position empower you to drive positive change in such a highly specialized and niche legal domain? Additionally, how do you manage and navigate the complexities involved in this unique area of law?
Look, the starting point is my managing partner. When I joined here, I was practicing in the Delhi High Court and continued to do the bread-and-butter sort of work. On my first day, he came to have a chat with me about what I wanted to do. I said, “Well, apart from the normal work, I’ll go to court and this and that, but also space.” He looked at me with the same sort of expression I must have had when Justice Nuss asked me. I said, “You know, Antariksh…” He said, “Do what you want.” Since then, this firm has been incredibly supportive.
Not in an overt way, but by just being there and letting me pursue it. I was often breezing off to Bangalore for various reasons or taking off suddenly to attend the International Astronautical Congress and IISL International, among other things. They just let me be, and now it has all come together. That’s Dua Associates for me. Without Dua Associates, balancing both these things would not have been possible. My colleagues are equally indulgent; they have a smile on their faces when I’m talking about this.
Now, it’s all coming together, especially as we, including the government, are openly talking about space initiatives. In these contexts, I’m able to provide some assistance. As my professor said, your knowledge will be of assistance someday. To the extent that I can, I certainly try to help. It is not for me to drive these initiatives; I can only assist. The final decision is always the government’s prerogative.
The unraveling and understanding from my perspective are crucial. For example, civil space users already know all the operational details. For military space users, how do you navigate through this amazing treaty? It’s important to understand what military users should or should not do and why they cannot do certain things. There are countless complexities. It’s very difficult to explain it all, but to the extent that I am involved, I am doing my best.
Ma’am, you have also served as counsel for the Union of India at the High Court of Delhi. We would request you, if you are comfortable, to share any professional highlights or significant cases that had an impact on your career or legal perspective. Specifically, we are interested in cases where you thought a particular change would bring a change in society at large or anything that you felt has brought significant change to your life and career.
So, as far as legal practice is concerned, what I valued very much at a personal level is observing the societal changes. Change in society is significant. When I was a member of the Delhi State Women’s Commission, I had to deal with one particular case involving a highly educated lady. She had completed her MPhil in chemistry, and her husband was a doctor. Anyway, the short point is that it was a matrimonial situation where she and her children had been thrown out of the house. It went to court, and she was refused to provide any maintenance. However, she also did not have a house to live in.
The gentleman was still in service but had a DDA flat. She needed a place to stay with her school-going children. In the course of that argument, more than me, it was the presiding judge who made a significant impact. Whenever I think of him, I always wish him well. He said that she has the right to live in that house, to begin with. He expanded the scope of the relief he granted. Plus, he ordered Rs. 4,000 per child. This case went on for years. In the middle of all this, I went off to Montreal and told my colleague about my pro bono work. She volunteered to handle it for me. By the time I came back in 2005, this lady returned.
She used to give tuition in chemistry and mathematics. She used to drive her car to Gurgaon. She was staying in one of the DDA flats in Vasant Kunj so that she could pay for her children. Understandably, those children were impacted by their familial circumstances. But she stuck to her ground, and I have to say, I admire her immensely for her fortitude. Perhaps mothers are like that. She did all this, and her son finally finished his engineering and went to Germany for further study.
Her daughter was deeply impacted by her father’s conduct and used to stammer with anxiety. If you’re a mother, you know what I’m saying. Ultimately, that girl has emerged from her struggles like a chrysalis and a butterfly. She has a wonderful job in a very well-known school, which is a residency. Now and then, they come to meet me, and the children keep in touch with me, exchanging messages. The son is now settled in Berlin. She looks so pretty now.
She’s so confident, and so happy, and the mother is also elated. During COVID, there was naturally no question of tuitions, as one couldn’t go anywhere. However, she started a catering business and arrived here with all sorts of food. I asked, “Why have you brought this for me?
” She replied, “Because I made it myself. This is what I’m doing.” She sustained herself through that. In due course, we were able to find some details about her husband that could have incriminated him in a criminal matter. As a doctor in a government hospital, you know what happens if you lose your job. So, it came to a point of negotiation because the court suggested mediation to settle. He signed off that DDA flat in her favour. I said, “I would not like to, but I just want to tell you that I know about this. I know about these facts. I’ll leave it to you because you’re a brilliant doctor. How would you want to deal with this?” So he signed off the flat, and then we completed the registration process.
Because unless the title is transferred. He can still challenge after he retires. So we went through that whole and connected the dots and created a virtuous cycle to protect her and her children. For me, that was very, very material.
And the other was, the case of this little girl who was around 16 years old and she lived in one of the areas in Delhi. And they had come to the commission. This girl had been sort of waylaid by a constructor who was building around in that locality. And she had been raped. And the father, the old father came, you know, in tears to the chairperson who called me and she said, Ranjana ji yeh. So I said, okay, let me see what can happen.
So now, naturally, this falls under criminal law. I said I would go to Patiala House and informed the judge that I’m representing the Women’s Commission. Have you ever witnessed cross-examination in a rape case? This gentleman arrived with a battery of eight lawyers, bombarding this little 16-year-old girl with questions. It was bewildering. She didn’t grasp what had happened to her.
By the time the case came up, she had recovered, but she was overwhelmed. “Where was his hand?” “How were you feeling then?” I intervened, addressing the judge, “Your Honor, firstly, let there be nobody else in the court. This girl cannot handle these questions. Please, exercise restraint in your questioning.”
In the end, despite the verdict, the father approached me to express his gratitude. He mentioned he intended to arrange his daughter’s marriage. I advised him, “Sadat Sir, it’s unfortunate what happened, but it shouldn’t mar her future. Inform the prospective groom and his family beforehand.”
Six months later, the chairperson contacted me. The Gurdwara Parbandhak Committee had sent a letter expressing gratitude to the commission, specifically mentioning my assistance. They visited with a box of sweets, sharing that the daughter was happily married. They acknowledged her past and reassured her, “It’s not your daughter’s fault.”
Some judgments may shake the earth, but this experience profoundly impacted the lives of these two women. As a father, such meaningful milestones resonate deeply with me, as much as I cherish space exploration.
That’s what is called bringing change to society. How can you say that you have not brought in? You have brought in significant changes. Even if it has touched two lives, it has changed those lives. I really cannot imagine what they have been feeling during that kind of litigation and after following your suggestions and mediation techniques. It’s amazing, ma’am. I am just speechless.
But I’ll tell you one more thing at the time: this girl, the little girl, had been for cross-examination. My daughter, who’s studying in Welham in Dehradun, was home on holiday, and we used to live in Tilak Marg. I don’t know if you’re familiar with Delhi, but Tilak Marg and across the road is Patiala House.
So I told her, I said, “Look, you come with me. This girl is about your age, and it takes time. You have to wait till your case gets called up. I want you to come and sit and chat with her because there’ll be nobody; she’ll be sitting alone.” And these two girls are getting along famously.
And my daughter couldn’t believe it. You know, just to look at Patiala House and all those people and all these things and so forth. I said, “Mahima, this is the world across the road from our house. You live in a very privileged cocoon. Never forget that.”
The Dr. Sarojini Naidu International Award for Working Women, which you received in the year 2023, is absolutely a remarkable achievement, at least from where I come from. Ma’am, I would like to understand from you what this recognition means to you in both personal and professional spheres, and how you see that all these kinds of recognitions help us. Not only do they ground us, but they also help us understand how we can give more to society because, yes, we are a little privileged, and that is the only way of giving back to society, to the roots. How do you see it has changed you?
Look, firstly, that intimation, that email I got, came as a complete surprise to begin with. So I had to find out a little bit more about what this was. Anyway, of course, I was very pleased. Anybody would be. But what is wonderful that Mr. Marwah is doing, the people at Marwah Studios, is that I mean, I’m not talking about myself and Space Law because it’s just such a niche area that there is nothing much that I can say.
But I noticed that all the ladies who were being honored there were not because they were at the very top and they had achieved some extraordinary thing being chairman, CEO, this, that, and the other, but that they were contributing by their participation in the various activities within their radius of life, within the circle of their life. As I quoted you two examples, it’s two individuals whose lives I had the honor to touch.
These ladies, like I said, are not the ones that you see in the newspapers or on TV channels, but it’s a recognition of the contribution those ladies are making within the scope. So as much as, of course, I was very pleased about it, but I was thrilled at this initiative that Mr. Marwah has, Sandeep Marwah, I think is his name. I think that institution and that thought requires a great deal of credit that ladies everywhere, small town, big town, midtown, elitist housing and non-elitist housing, wherever you may be, but within that scope of your activity, whatever it is that your activity, you’re contributing.
That is the real thing about that Sarojini Naidu Award.
But I must tell you that the International Institute of Air Law awarded me a Distinguished Services Award in 2017 for promoting the awareness of outer space and outer space law within the national context. And for my contribution to creating this awareness within my country. And that for me was a true validation that whatever that I may be doing here in India is well worth the while.
Ma’am, I would love to ask you one, not the last, but almost the last question. How do you balance your personal and professional life? And I would ask you from the very start. From where you started your legal journey, and when you established yourself as an individual practitioner, then as a partner, then in Space Law, and in Air Law, how did you balance your personal and professional life?
So, like I told you right in the beginning, I did my law much later. After I got married, I completed my PhD. I was actually involved in running an advertising agency. I used to do a lot of writing for Hindustan Times, Indian Express, and magazines, and do travel writing.
I was with a friend of mine; we were running an advertising agency. All of that allowed me to be at home when my children came back from junior modern school. As they started growing older, then I could stay out of the house because that’s the way I’m temperamentally wired. As it happens, that advertisement my husband was telling me about came at a time when my children had already left for The Doon School and Welham.
So I was able to do that evening. There was nobody at home because my husband was by then posted in the Andamans. So I used to drive down to the University of Delhi and do evening classes. It just, you know, those dots connected. I was able to start practising in Delhi; my children were in school.
By the time I was done practising, they had finished school. Ishan was in Stephens, Mahima turned up, she was in Stephens, then he moved on to Cambridge, and I suddenly found myself with Space Law, but my children were grown up by then. Home-life balance is easy, and it is easier when your husband supports you to understand that you have aspirations.
Ma’am, the thing you just said about partners brings me to a very important question. Nowadays, new entrants to the legal field, whether male or female, often face the challenge of balancing their professional and personal lives. Mental health issues are prevalent. What suggestions or golden nuggets would you offer them?
When I started practising in Delhi High Court, and I used to go to the ladies’ bar room, I would see young women agonizing because their child was not well, and they had to come to court. I was thinking to myself, “I’m so glad I had the luxury of saying that I’m just going to do a lot of writing and potter around with this ad agency. I’m going to be working from home whenever I feel like being at home.”
I had the base for that. These young girls, especially in a profession where you’re working long hours, are drafting and meeting clients every other day after the close of court.
So when I started practising on my own, my children were in college, but they needed a mother when they had something important to tell. Whenever they came to my study and sat on the particular sofa there, I would stop working until we had a discussion, until they had said whatever it was that they wanted to say, however long it took.
But then I used to work late at night and finish what I had to do because I had deadlines to meet. Circumstances are different for different people. It’s very difficult, especially for women, and those who do it and stay with it, I truly admire them because I know that many young ladies are doing it against tremendous odds and adversity.
I know a lot of people personally who have done so well. Some have been elevated to the bar. It’s amazing, and it’s not easy, even with support.
Could you please introduce yourself to our readers and walk us through your journey? Also before pursuing your LL.B., you completed a diploma in Ayurveda Ratna. What motivated you to switch to law after seven years in Ayurveda? What inspired you to pursue law?
Yes, I’ll feel grateful to introduce myself and about my journey to you. From 1985 to 2000, I served as a consultant in the renowned Ayurveda Pharmaceutical company, meanwhile, in 1997 my brother B.P. Chhangani was selected for judicial service. He motivated me to do an LLB course, and as you know I cleared LLB in the year 2000 and started practising as an Advocate from 2000 onwards to continue.
Could you please elaborate on the main practice areas you specialize in and the types of cases you most frequently handle in your legal practice?
My main practising areas are Criminal, and Writs in the High Court.
What responsibilities does your position as a Public Notary for the Government of India entail, and how does it integrate with your other legal work?
In the tribunals and high courts, documents need to be notarized, so, it is a part of day-to-day professional practice.
You have been a panel advocate for numerous institutions. How does this role differ from private practice, and what skills have you developed from these experiences? Please share some insights from your work as a panel advocate.
Panel Advocating work is different from private practice. As a Panel Advocate, I’m working in corporate culture. During my work as a Panel Advocate, I developed ethical practising skills and increased my corporate legal field knowledge.
Could you please discuss the significance of the reportable judgments you were involved in, such as Priyanka Shrimali Vs. State of Rajasthan and Hindustan Zinc Ltd. Vs. State of Rajasthan and Ors.? Also you could share some insights from the case.
In the case of Priyanka Shrimali Vs. State of Rajasthan the significance of this matter was “Married daughter is entitled to the compassionate appointments in the Government service”. Before this judgment, the Married daughter was not entitled to the compassionate appointment. In the case of Hindustan Zinc Ltd. Vs. State of Rajasthan and Ors., the significance of this matter is “the challenge to the vires of provisions of sec 38(C) & 39 of the Act and Rule 24(1) of the Rules fails. The writ petitions are dismissed. However, the petitioners, if aggrieved by the entry made in the provisional assessment list, shall be at liberty to file the appropriate objections before the Assessing authority and in the matters wherein final assessment orders have already been made. The demands have been created, they shall be at liberty to file an appeal before the Appellate Authority, if not already filed, within thirty days from the date of this order. The amount, if any, deposited by the petitioners against the demand created in terms of interim orders passed by this court or otherwise, shall be adjusted against the amount payable to satisfy the condition of pre-deposit for maintainability of the appeal”.
Beyond your areas of expertise, which other fields of law do you find particularly fascinating or are passionate about exploring further, and why?
In Legal Service Authority Act, Insolvency and Bankruptcy Act and Companies Act, but especially in Article 39 A of the constitution of India enacted Legal Service Authority Act because the Legal Service Authority Act, sec 12 is about free and competent legal services for the needy person and other persons that need the justice.
As an experienced lawyer, what do you think the current generation can do to prepare themselves for successful careers in law and beyond?
The current generation has ample opportunities to prepare and develop for successful careers in legal fields, like International Arbitration, Companies Law, Banking Law, Legal Drafting and several other fields.
Outside of the legal realm, what are your hobbies or interests that help you unwind from the demands of your profession?
Outside the legal realm, I’m working for several legal awareness campaigns at various places like schools, colleges, and public places on subjects like POSH, POCSO, IT, CYBER CRIME, SENIOR CITIZEN’S RIGHTS, LABOUR ACT, PCMA ACT etc.
Could you tell us more about Purohit and Associates, the types of legal practices they specialize in, and what opportunities they offer for interns looking to gain experience in the legal field?
The Purohit & Associate practices in the subordinate court, tribunals, High Court, DRT, State Commission and various other fields, and It develops the skill of Associates in practice as well as in the competition of judicial exams and gives enough opportunities to the Associates working under the Purohit & Associates, and also provide opportunities to intern about “earn while learn”.
Hello and welcome, today, we are honoured to have with us Mr. Aditya Parolia, who is one of the leading counsels in India for Corporate, Commercial, Real Estate and consumer disputes.
Sir, could you kindly share your professional journey with us? We would be particularly interested in learning about what motivated you to pursue a career in law. Furthermore, what inspired you to specialize in corporate, commercial, real estate, and consumer disputes?
Frankly, when I started pursuing law, it was not a common career choice. I don’t recall anyone in my immediate or extended family being a lawyer.
Coming from a small town, the focus was predominantly on engineering. Schools and colleges emphasized preparing students for IIT and AIEEE exams. In 11th and 12th grades, I chose PCM with computers, expecting to follow the engineering path. However, it never felt right to me. I strongly believe in not pursuing something that doesn’t feel correct.
In those days, if you told someone in a small town you were studying law, they often thought you were either not very bright or one of the unruly students who couldn’t handle math or science. My school, an ICSE board school, had a particularly bright batch. One of my batchmates topped the country in the 12th exams and got into IIT. The first seven students in my batch secured good ranks in AIEEE.
When I informed my principal and class teacher about my decision to pursue law, my class teacher was supportive. However, my principal and relatives tried to counsel me, arguing that I was a bright student and should consider other career options. At that time, many schools in small towns didn’t even offer humanities, let alone law. They only had science and commerce sections, so law wasn’t a natural choice for me initially.
Fortunately, my father was working in Delhi and interacted with many bureaucrats whose children were studying law. He suggested it to me, and it resonated. I found it interesting when I started reading about it. In my hometown, the district court wasn’t even called a district court—it was known as the “divani kachahari.” The infrastructure was poor, and the earning potential for lawyers was low, making the profession unattractive. Few people knew about national law colleges, and entrance exams often clashed, forcing students to choose between them.
I’m grateful to my parents for supporting my decision to pursue law. Career counselors in schools rarely mentioned law as an option; it was often seen as a last resort. Most would suggest commerce, DU, or competitive exams like UPSC, but not law. Few in my town could name more than a couple of famous lawyers like Mr. Jethmalani, Mr. Salve, or Mr. Sibal. Today, social media and online court proceedings have increased awareness about the legal profession, but back then, it was quite limited.
Given these circumstances, I chose to study at Indraprastha University in Delhi, which had only five seats for students from outside Delhi. I believed being in the capital, where all courts are located, would be beneficial. At that time, the concept of corporate practice in law was not well-known to us.
I’m very happy with my decision to pursue law. My younger brother also followed this path and became an Advocate on Record (AOR). Today, in my hometown, there are several law coaching institutes, but during my time, I had to travel to Jaipur or Delhi for preparation. I finished my board exams in March, and the first law entrance exam was in early May, giving me only a month to prepare. Now, there are more resources and opportunities for aspiring law students in small towns.
Sir, you have made history and continue to do so, and we hope that you keep making history so that we can proudly say we had the chance to interact with you. You have handled cases for around 73,000 aggrieved home buyers. On that note, Sir, we request you to share your experience managing such a significant number of cases, which is no easy feat. Could you please discuss the challenges you faced and the types of cases that arose from this scenario?
Furthermore, we would love to understand how you became involved in such a substantial case and how you have helped these home buyers. This is a crucial matter, as for many, purchasing a home is a lifetime investment and a matter of survival. Although people may have more options today, I am certain that you are highly respected by those 73,000 home buyers for your efforts.
Yes, today we can confidently say that we are leading practitioners in this domain. We likely have the highest number of clients in the country, spanning every sector and segment of society. Our clientele includes politicians, actors, retired judges, bureaucrats, corporates, high-net-worth individuals (HNWIs), ultra-high-net-worth individuals (UHNWIs), and private induvials as well. We do not like to say no to anyone who approaches us for help.
When we began this practice, we did not specifically aim to specialize in this domain. In litigation, we initially took on every kind of case that came our way. Litigation is not easy; it demands immense effort and versatility. As a renowned lawyer once told me, litigation is like digging a well every day to fetch water, only to start anew the next day.
A good friend, who was my batchmate, once shared a piece of wisdom that remains close to my heart. He said, “Aditya, everyone wants to specialize in something, but in law, you don’t choose your practice area. It’s like a democracy where people choose for you.” This insight resonated with our experience, as our practice evolved naturally based on the cases that came to us.
We initially handled a wide array of cases, including civil cases, criminal bail applications, and matrimonial matters. We travelled frequently to places like Allahabad and Chandigarh. However, due to our court engagements in Delhi, I hardly travel now. During this time, the real estate market was booming, and we began to receive more cases related to this sector.
The real estate market was characterized by rapid buying and selling, often driven by speculative investments. However, there was no regulatory regime in place, leading to overselling and eventual stagnation. This lack of regulation, coupled with the greed of builders, caused numerous projects to halt. As a result, many homebuyers were left without the properties they had paid for.
During this period, a prominent family from Bollywood approached us with a case against a builder, JP. This was in 2014-15, and the builder had failed to deliver the property by the promised date in 2011. Initially, we suggested using the Consumer Protection Act, but the client wanted to involve other affected buyers. We were surprised to find that there were 242 such buyers. This marked the beginning of a new jurisprudence in India, where class actions became more prevalent.
As we took on more cases, our practice grew rapidly. We handled high-profile cases, such as those against Amrapali, and our numbers swelled to the point where we had to expand our team significantly. At one point, we had to manage an influx of 3,000 clients in just seven days, which was a logistical challenge.
Our firm has since become a leading name in handling real estate and commercial disputes. We have played a significant role in shaping the legal landscape in these areas, with our cases often resulting in landmark judgments. Today, our team has grown to around 40-45 members, and we continue to manage a high volume of cases daily.
Despite the challenges, we are grateful for the trust our clients have placed in us. We always strive to give our best, though it’s impossible to satisfy everyone. The sheer volume of documents we handle is immense, and we have undoubtedly made our ragman very wealthy.
In conclusion, while we never anticipated specializing in this domain, it has become our primary focus over the past eight or nine years. We are proud of our contributions to the field and grateful for the opportunities that have come our way. Our practice continues to thrive, driven by the love and support of our clients and the dedication of our team.
Sir, it appears that your specialization chose you, and now you are recognized as the leading authority in this particular legal domain. The remarkable success you have achieved is not only a result of divine favor but also due to the hard work and dedication of your team towards home buyers.
During this journey, you have been highly active in national media, frequently being invited as a special guest on various channels to discuss legal matters.
In light of your experiences and insights, what do you believe are the most pressing issues of national importance in the current legal landscape? Considering the disruptions we are witnessing in the legal field, what future developments do you foresee, especially given your role as a prominent disruptor in this domain?
Nobody can foresee the future; I can assure you of this. Nobody can predict deception. I’ll take your questions one by one, in bits and pieces, but I’ll start from the end with the disruption part. Very frankly, as I said, I did not choose it, nor did we; the people chose it for us. We were just there at the right place at the right time. I always tell everyone that you just have to keep working hard. The Almighty has written your destiny, my destiny, everyone’s destiny. So, if you’re working hard, you’re moving towards your goal.
When destiny knocks on your door, and you’re there to open it and seize the opportunity, that’s all that is required. If you’re sleeping and waiting for the day to come before you act, it never happens. I’ve worked with some of the best lawyers as a student, and I didn’t work much as a junior or younger colleague. I barely did my traineeship for six months before we decided to open this law office. I’ve always taught my younger colleagues that while you have to put in constant effort and energy, consistency is key. You never know when that door will open or when someone will knock.
You mentioned the future. Everyone predicts that AI is the future, so you can pursue laws in AI. When I was a student, everyone thought arbitration and intellectual property rights were the right fields to pursue. There are hundreds and thousands of domains nobody has explored. For instance, we specialize in the Consumer Protection Act and the Insolvency and Bankruptcy Code (IBC). Nobody in law school considered a career in these areas because they weren’t even established back then. The Delhi Commercial Courts Act wasn’t there either. So, what went right for us? We were consistent. When opportunity knocked, we seized it and delivered results with a pragmatic approach, informing clients about what could and couldn’t be done. We never assured anyone of a specific outcome because, in law, it’s unethical to do so.
I’ve also tried my hand in matrimonial law, although I no longer practice it. I respect my sister, who does, because dealing with such cases is not easy. It involves handling emotional trauma, and it takes a significant mental toll. I’ve seen the best lawyers struggle with this.
Speaking of the future again, AI is a rat race. Students come to me for internships or interviews saying they want to do IBC or intellectual property rights. But I tell them what my dean at law school, Simon Chesterman, told me: read something new and try something different. For example, sports law is a burgeoning field with the rise of leagues like the IPL and Kabaddi. Few lawyers practice it, and it has huge potential. Similarly, gambling laws and laws related to cryptocurrencies are emerging fields.
I’ll give you an example. Two of my law school classmates are now policy lawyers at Twitter and Facebook. When we were in law school, we never considered such careers. These social media companies have to adhere to national policies and constantly engage with regulators. Policies vary from country to country, and what’s banned in one place might not be in another. This was a domain we never imagined practicing in.
So, I tell every student to keep their mind open. Don’t decide in your first year of law school that you’re going to be a litigating lawyer or a corporate lawyer. Explore different areas and see what resonates with you. Recently, a younger colleague at our firm realized litigation wasn’t for him and decided to pursue academia. There’s no harm in that. A good lawyer can excel in various fields, not just in corporate or litigation.
During a tour in Istanbul, I met a lawyer from Chile who was pursuing his master’s in Germany, specializing in Antarctic law, dealing with exploration and sovereignty rights. These are areas most law students wouldn’t even consider. When I did my master’s, I studied aviation law and space law, which are hardly taught in Indian law schools. Today, with the rise of electronic vehicles and companies like SpaceX, these areas are very relevant.
Younger students should consider these emerging domains. If they work hard and stay consistent, they will do exceptionally well. It’s important to understand the practice area you’re entering.
Regarding media and news channels, the glamour initially attracts everyone. It’s an opportunity for exposure. When the real estate market crashed and big companies like JP and Amrapali failed, we were called upon to address these issues on news channels. The insolvency laws were new, and there were few experts. But over time, I’ve stopped going on news channels unless it’s something very special. It’s important to balance professional and personal life and give adequate time to family, not just focus on career.
I hope I’ve answered your question about media involvement.
Sir, considering your emphasis on maintaining a balance between personal and professional life, my next question pertains to that topic.
Firstly, how do you achieve this balance? Secondly, once you find that balance, what activities do you enjoy outside of learning about law? For example, you mentioned gaining insights into Antarctic law and sovereignty rights through your travels. Sir, we would love to hear more about this, as it will help our learners understand the various pursuits they can engage in besides studying law.
It’s 5:40 PM, Madam. By this time, I start packing my bag. The maximum usual time for me to leave the office is 6:30 PM, and I believe my team should also leave around this time. I think my team leaves by 7:30 or 8:00 PM. It is very important that we manage our time. Unfortunately, in our profession, we often talk about stipends and salaries, but we rarely discuss mental health and well-being.
I believe that once you balance your time with your family, your mental well-being will improve. This is hardly discussed, and I am a strong advocate for maintaining a perfect balance between professional and personal life. Although I am relatively young in this profession, I have seen a lot with my batchmates, peers, and the opportunities we have had. We have the chance to argue cases against the best senior advocates in the country. Every day, we appear in almost every appellate court, which allows us to interact with top equity partners and law firms. However, I feel that younger lawyers, and we as lawyers, often get lost in the race to make more money or excel in a particular field, leading to burnout. Many of my law school batchmates have experienced this.
Despite not being in practice for long, some of the youngest lawyers I know have burned out and left traditional domains of law. Some have moved to in-house positions, opened their own smaller practices, or left law entirely for academics. I don’t understand people working until 11:00 PM or getting up at 4:00 AM every day. If you wake up at 4:00 AM to do yoga or go for a walk, that’s fine. If you play sports, that’s even better. But I don’t appreciate people calling me after 6:30 PM. Some clients criticize this because they get free from work late, but I tell them that their lack of time management shouldn’t affect my personal life. I am in the office from 9:30 AM to 6:30 PM. You can email me, but I will only work during these hours. If I need to prepare for the next day, I might spend an extra half hour or an hour at night reading files, but I will not jeopardize my personal life for others’ lack of time management.
A friend of mine, a very gifted lawyer, joined a good law firm and recently got married. He used to come home at 12:00 am, 1:00 am and at times 3:00 AM, by the time he was up the next day, his wife, who is not a lawyer, was leaving for work. Their entire married life was in turmoil. This story is not unique; many people have told me the same thing. I asked another senior friend about this, and we concluded that the work can often be done earlier. However, delegating tasks to younger colleagues at 8:00 PM or 9:00 PM with deadlines of 2:00 AM or 3:00 AM is unrealistic and has become a norm. Trying to satisfy clients by delivering work quickly in this competitive spirit often brings out the worst in us.
Some of the best lawyers suffer from poor mental health, although it is rarely discussed. I’ve seen younger lawyers develop health issues like high blood pressure and diabetes. I don’t understand why. In law firm culture, I see this problem as well. I run a law firm, and I tell new hires that while we have designations like associate, senior associate, and principal, I am against this hierarchical structure. It is there to keep people happy because they want it, for me a lawyer is a lawyer, designations create unnecessary competition.
Think about it: if you make lawyers partners at 33 or 34, they have to work until 60. After becoming a partner, their next goal is to become an equity partner. This constant pursuit can diminish their determination, which symbolic goals are achieved so early. You fight to become a partner, and once you achieve that, you might lose the drive. It’s essential to manage your career and life, rather than getting caught up in the rat race of titles and designations.
Advocates getting designated as senior advocates is different from the law firm hierarchy of associate levels. I believe law firms need to appreciate and possibly do away with this quick succession of designations, adopting a more uniform approach to maintain mental health and well-being.
There’s an unnatural competition that develops, not just with other law firms but internally, where people vie to become senior associates or managing partners. This should be addressed and highlighted. We need to educate the younger generation that these titles mean nothing if you are not mentally healthy. If you are a good lawyer, success will come no matter what. Don’t get caught in the race for titles. Judges & clients don’t care about your title, it is not that you are getting knighted; they care about your ability to argue a case well and get results.
The best lawyers always maintain a balance between their professional and personal lives. This profession is a marathon, not a sprint. Your family has supported you, and you have duties towards them. They need your time, and you should fulfill their expectations as well. Dedicating equal time to family is important for your mental peace.
I’m not saying I am perfect or never get angry, but my partner and I strive to go home early. When we are in the office, we are dedicated to work, but we also play sports, travel with our families, and socialize with our teams. Striking this perfect balance is crucial.
Sir, considering that some individuals may not enjoy the same privileges as others have had, how do we address this disparity to ensure that new entrants experience similar support and care, particularly those from humble backgrounds who rely on community support? Additionally, do you foresee an increasing focus on mental health discussions within the legal fraternity in the near future?
“It is imperative that senior members of the bar and the judiciary engage in discussions on crucial topics with the younger generation. It is necessary to elucidate to them that not everyone needs to possess luxury items such as a Mercedes or a Patek Philippe watch. Even individuals from humble backgrounds can thrive without such extravagances. This mindset shift is essential.
During informal discussions outside the courtroom, I always emphasize to judges the importance of not berating younger lawyers but instead offering them opportunities.
Now, turning to the pressing issue of mental health, it is vital for everyone to understand that not all legal paths lead to high-profile cases or lucrative positions. Each individual’s journey in the legal profession is unique, filled with its own challenges and struggles.
For instance, third or fourth generation lawyers from legacy families face immense pressure to live up to their predecessors’ reputations. Similarly, first-generation lawyers bear the weight of carving out their own paths in an unforgiving profession. It’s crucial for the younger generation to realize that success in law comes in various forms and that comparing oneself to others’ glamorous achievements only tells part of the story.
My own journey began without a personal vehicle, and relying on buses and metros to commute. However, through perseverance and interactions with seasoned professionals, I learned that success in law is not solely determined by material possessions or prestigious cases.
For instance, one of my professors from law school Professor Umakanth Varottil, a renowned expert in mergers and acquisitions, transitioned from a successful legal career to academia, demonstrating the importance of evolving and adapting in one’s professional journey.
The pressure to excel in high-profile areas of law, such as mergers and acquisitions or banking and finance, can be overwhelming for young lawyers. However, it’s essential to remember that success is not defined by early career choices or external validations.
The legal profession requires mentorship that emphasizes dedication and consistency over the pursuit of superficial markers of success. Additionally, maintaining good mental health is paramount, as undue stress and burnout can have severe consequences.
In conclusion, aspiring lawyers should focus on honing their skills, serving their clients diligently, and maintaining their humanity above all else. Success in law is not measured by material possessions or prestigious titles but by one’s integrity, dedication, and contribution to society.”
Reflecting on your journey, what initially drew you to pursue a career in law, and what inspired you to choose this path? Could you share some of the challenges you faced during your early days in the legal profession and how you overcame them?
My first inspiration towards the legal profession came from my father who himself was a lawyer and practiced income-tax for a few years in Jammu and Kashmir. While my father’s initial footsteps were in law, he eventually transitioned to the family business of manufacturing high tension aluminum wires. However, he would always lovingly recount memoirs and anecdotes from his practice days and would consistently motivate me to take up law as a profession. From a very young age, I was exposed to the intricacies of the legal world through his work, experiences and stories. His influence remained a constant in my life, serving as a beacon of inspiration as I forged my own path in the legal profession. His commitment to integrity, diligence, and service instilled in me a deep respect for the law and a desire to become a lawyer.
Entering the legal profession, I encountered a range of challenges typical of any newcomer to the field. One of the most significant hurdles was navigating the transition from academic halls of college to practical application of law in Courtrooms. The theoretical knowledge gained in law school provided a solid foundation, but applying that knowledge in real-world scenarios required a different skill set altogether. Be that as it may, I guess I always had the vision and belief in myself to navigate these challenges. Even though I come from a small town, Jammu, I decided to practice in the capital of the country, which offers the best exposure to fresh law graduates. I was never attracted to practice in the comfort of my hometown.
Another challenge was building credibility and establishing myself within the legal community. As a young lawyer, earning the trust of seniors, clients and colleagues was quintessential for success. I faced skepticism and uncertainty from some quarters, but I approached each interaction with unwavering professionalism, competence, and a commitment to excellence. Over time, through hard work and dedication, I earned a reputation for integrity and competence, gradually gaining the confidence of those around me.
Despite these challenges, the inspiration that I drew from my father’s example kept me focused and motivated. His unwavering support and blessings and belief in my abilities gave me the strength to persevere during the tough times and celebrate the victories along the way. Reflecting on my journey, I am grateful for the foundation he provided and the lessons he imparted, which continue to guide me in my career as a lawyer.
Your journey from Associate to founding your own full service law firm, i.e., Expert Legal Services is inspiring. What personal qualities or characteristics do you believe played a significant role in your career progression, and how do you nurture these traits in your team members?
Reflecting on my journey, I believe that humility, focus, hard work, attention to detail, approachability and giving precedence to the interest of the client have been the core tenets of my practice. I cannot single out any one quality that helped in my career progression and it is always the right mix of attitude, aptitude, luck and hard work that helps you grow.
While mentoring my team members, I focus on their all-round development. I give them exposure to deal with clients independently under my supervision and to argue matters before various forums. This provides them with the much-needed exposure and also helps them in learning from their own mistakes and enables them to think on their feet. I always tell them to learn from their lows and to perform better. I am otherwise, in my peers’ view, an easy going and jovial person. This in my view helps them to perform without any stress and anxiety and to give their best in everything that they do. I also encourage open communication and constructive criticism. By fostering an environment, based on core values, we promote collaboration, respect, and continuous growth within our team.
Given your expertise in litigation, could you share a memorable anecdote that exemplifies the dynamic nature of legal advocacy and the importance of quick thinking under pressure?
I believe every day in court brings new lessons and stories. Through divine grace, I have been blessed with the opportunity to represent clients in diverse jurisdictions, providing me with first hand insight into the dynamics of these various courts across India. I believe that preparation and patience are the key virtues for any litigation lawyer. You may not get favorable orders everyday and therefore, you should carefully weigh all factors and avoid pushing your luck.
While there are many instances in my 17 years of practice, a recent incident that vividly comes to my mind, where a case demanded urgent interim protection for our client in securing a disputed amount. The opposing party was in the process of winding up their operations in the country and therefore, swift action was imperative. We immediately approached the court and recognizing our urgency, the court directed the party to obtain prior permission before parting with their assets in India. At the end, we had a very happy and contented client.
Instances like these are the heartbeat of daily courtroom engagements, offering invaluable learning opportunities for legal practitioners at every level. In the realm of law, growth is perpetual, and each day brings forth new lessons to enrich our understanding.
Your clientele includes renowned fortune 500 companies spanning different industries. What are some common legal issues or trends you have observed across these sectors and how do you tailor your approach to address their specific needs?
In my experience, serving a diverse clientele across various industries has exposed me to several legal issues and trends. Every industry has its own set of issues and there is an overlapping legal trend as such. Consequently, there is no one-size-fits-all solution when it comes to addressing these diverse challenges. As a lawyer, it is our responsibility to tailor our approach to each unique situation, providing customized solutions that best align with the specific needs and circumstances of our clients.
One requires a comprehensive understanding of both the legal framework and the practical realities of the business world, to successfully cater the needs of any client. At Expert Legal Services, we try to achieve the best possible outcome for the client while ensuring compliance with legal requirements and ethical standards. Cultivating an approach that prioritizes innovation, collaboration and problem-solving, has helped our clients succeed in an ever-evolving business environment.
Collaborating with esteemed legal professionals such as Senior Advocate Mr. Amarjit Singh Chandhiok, Senior Advocate Mr. Siddharth Luthra and Mr. Raian Karanjawala must have provided invaluable insights. Can you share a lesson or mentorship experience that significantly influenced your legal career?
Certainly, being associated with esteemed legal luminaries like Senior Advocate Mr. Amarjit Singh Chandhiok, Senior Advocate Mr. Siddharth Luthra and Mr. Raian Karanjawala has provided me with invaluable experiences that have profoundly shaped my legal career. These experiences have instilled in me values of perseverance, decision making, hardwork and efficiency. From understanding the minutiae to grasping the broader legal implications, I have learned that attention to detail is of paramount importance. Moreover, the significance of punctuality has also been deeply ingrained in me.
One important lesson that I learnt from Mr. Chandhiok was that a good lawyer is one who is not impacted by the outcome of the case. One should always give their best and leave the rest to the judge.
As someone deeply entrenched in the legal domain, how do you maintain a work-life balance amidst the demanding nature of the profession? Are there any mindfulness practice or routines that you find particularly beneficial in managing stress and staying focused?
Balancing work and life in the legal profession, especially in litigation, is indeed a constant juggle. While striving for equilibrium between professional demands and personal well-being, I’ve found that maintaining a structured approach to my workday helps manage this delicate balance. Each task is allocated a specific time slot, allowing for a more disciplined workflow.
However, the unpredictable nature of legal practice means that flexibility is key. Clients may require urgent assistance at any hour, whether it’s seeking bail or filing a habeas corpus writ. In such instances, attending to these immediate needs takes precedence, often disrupting planned schedules. Nonetheless, amidst the demanding nature of the profession, I make a conscious effort to carve out time for personal pursuits and family. Engaging in hobbies or spending quality time with loved ones serves as a crucial counterbalance to the intensity of legal work.
Your expertise in navigating anti-bribery and anti-corruption investigations is commendable. What proactive measures do you recommend to prevent such occurrences in businesses?
To overcome illegal practices, I always advice clients to follow best practices and confirm to ethical standards. It is also important to introduce a system of checks and balances for early detection of any such occurrences. Swift Action can help the companies to minimize the impact and nip such instances in the bud. Though, one cannot guarantee against any possible leaks but in my view, this shall considerably safeguard the exposure to a significant extent.
Beyond legal practice, you’re known for your philanthropic efforts. How do you integrate social responsibility into your professional life, and do you believe there’s a symbiotic relationship between community engagement and legal advocacy?
Compassion, generosity and large heartedness are again virtues that I have inherited from my parents. Their dedication and persistent desire to help others has left a profound impact on me. I was always taught to help the poor and the needy. This is an extremely relevant trait that I also wish to pass on to my daughters. I also believe that being an advocate comes with a profound responsibility to serve the less fortunate, especially within the context of the legal system.
At our firm, we prioritize social responsibility and actively integrate it into our daily practice. We are committed to serving not only our well to do clients but also individuals and causes that may not have the means to afford legal representation. We are engaged in various pro bono matters, dedicating our time and expertise to assist marginalized communities, champion social justice causes, and address systemic inequalities. To give an example, we recently assisted a young boy who had been charged under POCSO and was languishing in jail and helped him in securing bail from the High Court. I see a clear symbiotic relationship between community engagement and legal advocacy. Our involvement in the community fosters trust, builds meaningful relationships, and amplifies the voices of those who may otherwise go unheard.
You’ve been instrumental in mentoring young lawyers throughout your career. What advice do you impart to aspiring lawyers entering the field today, and what qualities do you believe are essential for success in the legal profession?
Certainly, mentoring young lawyers has been a rewarding aspect of my career, and I’m always eager to share insights with aspiring lawyers entering the field today. My advice to young lawyers is that success is not an overnight journey and requires considerable hard work, toil and burning the midnight oil. The key to success lies in developing expertise and being consistent and punctual in your work. Invest in your work and you’re bound to reap success. Also, it is important to realize that one should not get disheartened by adversities and remember that the castle of success is not built on victories but on failure.
Your journey from GNLU to Oxford seems fascinating. Can you share what inspired you to pursue law, and What challenges you faced along the way, and how you overcame them to achieve your current success?
First of all, thank you for this question! It takes me down memory lane instantly. At first blush, I would say yes, it has been an incredible journey really, especially after having sailed through a decade in the profession. My path to becoming an Advocate – on – Record (AOR) practicing at the Hon’ble Supreme Court of India has been indeed fascinating and exhilarating, starting from the initial seeds sown by my father {that his daughter would lead his counsel practice} to this day when I’m actually living my dream, quite literally!
With a family background deeply rooted in the legal profession, law was an organic choice. My late grandfather served in the Shah Commission as a Magistrate and my father followed his footsteps, but on the other side of the Bench. As a single child to my workaholic parents, I would come back from school only to see my father conduct client meetings in the outhouse make – shift chamber he had set up in his early years. Legal news (both print and media) would dominate daily dinner table conversations over the latest movie release. I was often asked to question, critique and debate every proposition or change that my parents had made in the house, right from the choice of vegetable to be cooked for dinner to a property to be acquired by the family. I came to fall in love with the law as such, almost even before I knew anything about the profession. Without me realizing, the law had become an integral part of my upbringing and I was nurtured in an environment almost normatively to have embraced the legal career subsequently. Therefore, despite my mother’s initial insistence (her being a Doctor) on pursuing sciences in school, I eventually turned towards being a lawyer. Though I studied science subjects at my Plus 2 levels, little did I know – destiny had other plans for me…..
I was the first CLAT batch, and successfully cracking the exam did open doors to several prestigious institutions in India. Gujarat National law University (GNLU) marked the beginning of an enriching five-year law school journey, with hostel life being nothing short of “transformative”, both personally and professionally for me. I made some wonderful friends, interacted with a bunch of brilliant teachers (William Sir and Jagdeesh Sir) and realized that I had to study with utmost focus and dedication to top my batch. This was the only way I could get placements and scholarships early on. I believe I truly became independent (having grown up as a single child who was now left to fend for herself) and adjusting (hostel does teach you a lot – share and care). Managing my own finances and daily expenditures, eating whatever was served in the mess (Mind you, Mohini Caterers did a wonderful job!), I navigated through the challenges of a typical law school life, striking a delicate balance between study, leisure, and extracurricular pursuits like mooting, conferences etc.
To sum up, my time at GNLU laid the foundation for my legal career, igniting a passion for the law, particularly in areas like practice and procedure. The prospect of courtroom advocacy became increasingly appealing, prompting me to veer towards litigation. The dilemma struck when I did top my batch, only to secure a pre – placement offer at a prestigious law firm in Delhi (the then Amarchand Mangaldas & Shroff & Co.)!
Having spent a few months at the firm, I realized I was made for the Courts perhaps! I felt under-utilized, having sat on a Rejoinder for almost 3 months. I began to miss my dad’s daily anecdotes, describing legal banter, having turned the wheels to head to Court. The allure of the courtroom drama where I got to witness the direct impact of my legal arguments on people’s lives fueled my desire to pursue advocacy and I began assisting my father’s Chambers (Rajive Maini Advocate). Before I knew it, I had transitioned from commercial / corporate law to litigation, and I could see my legal education translate into practical outcomes resonating with the masses instantly.
What was beautiful about my journey in hindsight was that I never planned a thing. While going up and down to Courts in New Delhi, suddenly my scholarship and Masters in law applications came through. Life took an unexpected turn and I landed at the United Kingdom, Exeter College on a full scholarship (my tuition fees and living expenses covered) to study at the University of Oxford. I was the only Indian student in 2014 who was independently sponsored by Dr. Harish Salve, Senior Advocate to pursue her Masters in Law at Oxford. Next blink of an eye and I reached The Hague (Den Haag), The Netherlands working at the United Nations Tribunal, all thanks to Professor Dapo and Judge Meron, my mentors from Oxford!
So, I would say, reflecting on this roller – coaster of a journey, while I may not have meticulously planned every step, I embraced each opportunity that came my way wholeheartedly. I believe the opportunities that I seized and grabbed with not only my hands, but also my heart and soul have led me to where I am today. Every twist and turn in my journey was instrumental in shaping my path towards being a practising lawyer, reinforcing my commitment to the profession and its impact on the society.
What inspired you to pursue becoming an Advocate on Record (AOR) and how did you manage to attract larger cases? Reflecting on your journey, what were some of the initial hurdles you encountered, despite your established legacy? How did you navigate through these challenges?
My father would often say to me “Aim for the Stars Shriya!” That’s precisely what I imbibed since childhood. When I was studying at GNLU, I had no clue about the existence of the Supreme Court Rules of Practice and Procedure, 2013 which govern the Apex Court corridors! Today, I run an AOR chamber practice independently and realize the growing importance of the specialized examination. I must proudly admit that it is one of the best decisions I have taken in my legal career to have cleared the AOR examination. AORship instantly transitioned my practice from trial court to the appellate jurisdiction – The Hon’ble Delhi High Court and The Hon’ble Supreme Court. The bigger briefs just seep in, as long as you are dedicated, talented and hard working. I was lucky to have transitioned into building an AOR practice during the pandemic (Covid – 19) since e-filing, online drafting, and virtual conferences wasn’t a facility every chamber was offering! With my father’s Chambers now handling high stake Supreme Court briefs with ease, I am an integral part of the drafting, arguing and soliciting process.
But first Credits please! – The main men who inspired me, apart from my father, to reach the Hon’ble Supreme Court corridors were Director Sir (Prof. Dr. Mohd. Salim, Director, Lloyd Law College, Noida); William Sir (Dr. Nunes, Gujarat National Law University) and Hon’ble Mr. Justice Sibo Shankar Mishra Sir, Orissa High Court who was then Advocate on Record at the Hon’ble Supreme Court of India. I shadowed under Sibo Sir as a mandatory examination requirement and I owe whatever little I have managed to achieve till date to these stalwarts.
Now, the biggest challenge really was passing the examination in one go! As one of the youngest AORs in the country, what impressed me most was the detailed approach the examination process followed. Spanning across four days with three-hour exams each day, it was indeed a rigorous test of theoretical knowledge and practical expertise. Despite my confidence, I found myself overwhelmed on the fourth day, a testament to the exam’s demanding nature. The subjects as such are not tough but pretty bulky, emphasizing on practical skills and theoretical knowledge – mentioning, urgent hearings, circulation, drafting etc. Supreme Court Practice and Procedure is one subject which requires a deeper understanding of courtroom dynamics and legal intricacies to sail through. So whether you have a legal legacy or not, the AOR examination I can safely say is NOT one plagued by the Uncle Judge syndrome, which is why maybe we just have about 5000 odd AORs in the country as on date! It is indeed an exclusive Chamber practice looked at with much prestige, both inside and outside the corridors. Procuring briefs and being paid handsomely was another challenge outright. Conventionally, clients preferred experienced seniors in the Apex Court corridor. Today, the trend has changed. Fresh Young blood is taking over and the Benches too are very encouraging to the younger lot of AORs.
I was lucky to have an inflow of some basic works when I became an AOR in 2019. Be it a simple matrimonial Transfer Petition or a Bail matter which had organically walked its way to the highest court on account of concurrent rejections, I did not let go of any work, even if it meant filing my Vakalatnama Pro – bono back then. I was hungry to learn work and I knew that each and every filing was bound to teach me something new, which would augment my knowledge and skills. So I kept patience and consistently worked up civil, criminal, debt recovery and insolvency briefs without batting an eyelid or being money hungry for big bucks in the Supreme Court corridor. As a younger chamber which had aggressively shifted towards e – filings and VC hearings during Covid, we were dabbling several courtroom links in a day. I had consciously decided not to take up a panel practice and I deliberately chose quality over quantity when it came to drafting and arguing my own Supreme Court briefs. I never hired a Senior Advocate and I filed, mentioned and argued my own matters. The Hon’ble Judges too were very encouraging to me as a young AOR and till date, they are. I have just had a Review Petition which was allowed in open Court, the Special Leave Petition having been restored. This was a first in my career since Review Petitions are a rarity in the Apex Court to even be listed for an open Court hearing. It was such a moment of pride for me as a young AOR. Today, I make more than enough money but the tip that I’d give young AORs is – RUN AFTER WORK, NOT MONEY!
Complex cases often referred to as “larger high stake matters” walked in organically after some months and those required meticulous examination of Ld. Trial Court records, and Hon’ble High Court decisions. Progressing through various tiers of the judiciary sharpened my legal acumen and transformed my gaze from that of an Advocate to an AOR (from factual analysis to intricate legal criticism). As one ascends to the Apex Court, the focus shifts towards critiquing the law, identifying gaps, and advocating legal reform – for instance drafting of Questions of Law! Constitutional Law, Administrative Law and Procedural Law become the subjects to swear by. My dad decided the Chamber would do Trial Court matters which as much zest as the AOR briefs for that would keep us firmly rooted at the grass root level. Justice was all I wanted to make popularly and easily accessible to one and all and before I knew it, I had successfully established an AOR practice at my Chambers, adding a brick more to the wall that stood tall, built by my father.
Could you share your transition from being an Advocate on Record (AOR), known for your strong passion for litigation, to delving into dispute resolution, particularly in the realm of arbitration? How did you navigate this shift, and did you find the transition as fulfilling as your experiences in the courtroom?
I’ve been fortunate to enjoy a diverse academic journey, majoring in International Crimes to International Commercial Arbitration – all at the same time! At University, more particularly Oxford in the United Kingdom while doing my BCL (Bachelor of Civil Laws – a master’s level taught degree course that retains the canon law name) I explored a range of subjects namely International Humanitarian Law, Crime and Commercial Remedies / Arbitration. Even during my brief stint at Amarchand Mangaldas Law firm prior to my Masters (erstwhile SAM and CAM) I was working with the Arbitration and Litigation Team. We were actively involved in a Mozambican – Indian govt. railway contractual breach issue and at concomitantly, I was also drafting a Rejoinder and an environmental law Writ Petition. It was this diversity which kept me engaged and motivated perhaps!
During your time at Oxford, you received recognition through various awards and scholarships, such as the Oxford Global Justice Award for Public International Law. Could you provide insights into some notable experiences from that period? Furthermore, how has your exposure to PIL at Oxford influenced your professional journey in India, and what aspects of PIL have you integrated into your practice?
While at Oxford, I was blessed to be taught by an amazing professor namely Dr. Dapo Akande who is a British-Nigerian academic and lawyer. Dr. Akande is the Chichele Professor of Public International Law at the University of Oxford, a Fellow of All Souls College, Oxford and co-director of the Oxford Institute for Ethics, Law and Armed Conflict (ELAC). He was the one who propelled me to apply for the said Award and during my tutorial sessions he ranked me the highest in class for I had boldly critiqued one of his articles published on the European Journal of International Law (EJIL) blog, a free and open platform curated by him on the subject. He taught me how to engage in scholarly discourse and this is how I ended up drafting my first ever Memorandum on Diplomatic Assurances while interning under Judge Theodor Meron at the Mechanism for International Criminal Tribunals (MICT) at The Hague, The Netherlands. For the benefit of Indian students, I even published the said Memo as a free read – https://blog.ipleaders.in/international-law-permit-deportation-assurances/
As the Global Justice Awardee for Excellence in Public International Law for the year 2015 – 16, I was most delighted when the Oxford Global Justice Committee 2015 offered to fund my clerkship at the Mechanism for International Criminal Tribunals (MICT), The Hague, beginning January 2016. I landed an opportunity to work under the most able and wonderful guidance of Judge Theodor Meron, President of The MICT, a new court of law that had been established by the United Nations to carry out a number of essential functions of the International Criminal Tribunal for Rwanda (“ICTR”) and the International Criminal Tribunal for the former Yugoslavia (“ICTY”) after the completion of their respective mandates, including, inter-alia others, handling appeals and re-trials, tracking the remaining fugitives and maintaining the legacy of both institutions, namely the ICTR and the ICTY.
As the first and only MICT intern then on board, I assisted the President and his staff on a variety of projects, which typically included drafting and reviewing assignment and sentencing orders; undertaking research on a plethora of legal propositions; due-diligence exercises; drafting minutes, notes and research memoranda; and fulfilling any other specific judicial functions of the Tribunal. Most often, my tasks, in terms of subject content spanned across issues pertaining to International Criminal Law, International Humanitarian Law and Public International Law. This not only made my work as a lawyer very fascinating but also, helped me understand how the aforementioned subjects really play out together in practice. Be it drafting memoranda on procedures for filing refugee claims or assessing the legality of deportations, I dabble in a comparative analysis of different jurisdictions (including the U.K., U.S.A. and European Court of Human Rights etc.) on a daily basis. This clerkship gave me an unparalleled opportunity to interact with legal luminaries and experts in Public International Law across the globe and learn the nuances and intricacies of international crime from the stalwart himself, Judge Theodor Meron. I truly believe that it is solely because of the support I received from the Oxford Global Justice Award and Dr. Dapo Akande, my Professor at Oxford University, that I was able to experience the incredible work culture at the MICT.
Upon returning to India, I integrated my newfound PIL knowledge into teaching as well as legal practice. Today, I do Bails for economic frauds of cheating, forgery and criminal breach of trust, besides the special laws (CBI / ED) with utmost interest! I am an Adjunct Faculty / Visiting Faculty for Supreme Court Practice and Procedure, International Criminal Law, Modern Laws of War, Human Rights and Women and Child Law at several law schools like Lloyd Law College, RGNUL Punjab, Renaissance Law Institute and NLU, Delhi. A pinch of academia really keeps me going I guess and most of my writ law drafts are sprinkled with arguments vociferously shouting PIL all over. It’s fascinating to witness how seamlessly applying foreign legal principles within the Indian context offers innovative solutions to complex legal dilemmas, paving the way for progressive legal reform.
Could you share insights into how you manage to balance these roles with such passion and energy? We’re keen to understand your strategies for maintaining high levels of energy and enthusiasm, especially considering the demanding nature of legal practice. Your ability to prioritize both your professional responsibilities and your dedication to helping others is inspiring, and we’d love to learn more about this.
Well, let’s start with this! It is a highly stressful job being an Advocate on Record at the Supreme Court of India, specializing in disputes ranging from Bails, Suspension of Sentences, SLP hearings, and Interim reliefs sought a propos Property and bank Recoveries. All the said work reeks of EMERGENCY at first blush! I would concede that I am a workaholic, putting in at least 12 – 14 hours a day at my desk in the office! I don’t take the Sundays off – I teach the law and interact / engage with students to keep abreast with legal drama unfolding across the country and globe! I verily believe I was made to serve people and get them justice. So my passion and energy stems from right there. Also, I love to sit on a table and crack a cross – examination in a rape case for instance with my father, till date. I enjoy every gush of the adrenaline rush a court hearing pumps in me so I make time to study the law, as much as I can.
However, I do recognize the importance of balance and self-care. I spend the evenings chatting with my parents and partner. My dad and I ensure that we do not discuss the law on the dinner table and we just choose to consciously laugh a lot, talk to as many people as we can, absorbing from the environment akin a sponge, keeping things in perspective. Till date, I draw my sense of self from my parents and not my work, and hence, I believe that I am bettering at my craft by the second! I try to ensure I have a priority list of works ready, with the office pushing out one legal draft a day. We file and argue cases daily, with a lot of homework being put in for days before the actual court hearing. As a chamber therefore, we enjoy a 99 % success rate I can proudly say! I’ve been taught to vigorously prepare for a courtroom battle and till date, I rehearse my arguments while bathing, sleeping and eating, literally living the law each second!
What advice do you have for younger or new lawyers looking to enter this field? What should they focus on and how should they approach it? Additionally, considering the importance of guidance and mentorship, what areas should they prioritize to ensure their success in this profession?
Firstly, be disciplinedI I make it a point to be in bed by 10:00 PM on a daily basis, aiming for lights out around 9:30 to 9:45 PM. I try to get a solid eight hours of uninterrupted sleep, waking up refreshed at 6:00 AM, ready to tackle the day ahead with my father, my mentor cum boss. As a younger lawyer, and more so a woman in her thirties (which I proudly embrace) getting enough sleep is most critical for staying sharp and focused all day long in Court. I read my case files in the morning and that works for me. So for all the new entrants, please party less and sleep more.
Another tip would be – Think out of the Box! I took up academia because it was easy money, came naturally to me (being an identified core strength) and I particularly enjoyed it in college, teaching my classmates. See what works for you! A lawyer struggling to build their practice with free time at hand can copy edit books, pen down legal books and commentaries, teach or even publish blogs and articles at first instance. These work strengths have today helped me draft well, to the extent that I am able to get Notice issued on the first hearing by the Hon’ble Court on the strength of my writing skills purely, without arguments having been heard!
Also focus on timelines / deliverables and do not sit overdrafts for days. With so many lawyers offering services in the market, it is essential that your drafting as a lawyer stands out in perfect English language and hits all the legal pointers. Therefore, legal research is another precarious cornerstone of my law practice. I’m committed to conducting a thorough research, drawing on my fondness for this aspect since law school days. If a junior struggles with research, I dive in myself, investing the time needed to ensure comprehensive preparation for I do not go to Court without a legal precedent on the point. Prioritizing this area I believe has ensured my success in the profession.
Lastly, I’d say do not get disheartened! Every day in Court is a new learning. Do not get affected by the scolding of a Bench or the dismissal of a Petition. Instead, hustle and find the next brief! Be a bit selfish and think about your work single handedly. It’s an entrepreneur’s life in a nutshell where we build our practice and sustain it. Right from being the Xerox guy to the chaiwala in the office, a young budding lawyer adorns many hats – draftsman (/woman), briefing counsel, arguing lawyer, recovery agent! So enjoy and love your daily work. TO sum up, dedication, consistency, patience, passion and diligence, besides a good support system are key during these periods of growth and these will make or mar your legal career, quite literally!
Could you please share your interests and hobbies? How do they contribute to your professional practice? Additionally, what advice do you offer to your mentees, particularly regarding decision-making in their legal careers, considering the diverse challenges they may face, especially in the post-COVID era?
Before I answer this question, I must fairly admit – I love spending time with my parents, partner, aunt (masi) and grandmother (Nani)! So all my free time, whatever little I get is consumed by my family essentially.
Now, let’s get to the question really. So, I have always been drawn to various forms of expression, whether it’s painting, learning French, public speaking / debating or engaging in sports during my school years. However, the demand of our legal profession often overshadows our hobbies and interests and hence, I try to find some time for myself (which honestly does get tough – Covid was a bliss and I did some rather interesting sketches which I’ve put out for you all to relish!) Till date, I enjoy sketching and painting (be it an oil or water base). I believe art helps relax. Besides, it pushes me to develop a sense of focus, adherence to deadlines while giving me a sense of fulfillment. Another exercise till date which I engage in since I became a lawyer was to seek daily feedback from my father – Advocate Rajive Maini. As my boss, mentor, guru and father, we engage in a delightful ritual post work, at the dinner table fondly playing our “barrister versus solicitor” game, whereas as a whimsical yet insightful exercise we assess daily chamber performance, teaching us how to improve with constructive feedback. We have other interns and associates in our Chamber as well, all working together as a team!
Additionally, as a woman in the legal field, I strongly feel that societal norms have altered and for the best. Women are no longer expected to leave their parents conventionally post marriage and set up another’s home! They can very much work with their own parents, take the family practice ahead, support their mother and father while building their own careers just like their male counterparts establishing their own family legacy! My partner who is extremely supportive of my erratic work schedule and travel commitments adjusts happily. Beyond my professional pursuits, I am very passionate about travel and learning French as a speaking and writing third language. Exploring different cultures and their legal systems has broadened my horizons and led me to explore newer jurisdictions such as Canadian law, off late.
To sum up, I’d leave the interview with this sole tip for young professionals to excel in their legal careers – Recognize and nurture your strengths. Do not force yourself into roles that do not align with your inherent abilities. It is crucial to identify and cultivate these talents (be it that of a solicitor or a barrister) rather than trying to fit into a mold that doesn’t suit you – like a square peg and round hole. Law school graduates usually have a clear understanding of their abilities, guiding their roles and assignments. For example, my early passion for moot courts shaped my entire career path as an arguing counsel. As strange as it may sound, today, I feel my best in a courtroom or a classroom! In law, there’s no one-size-fits-all approach. It’s about finding what suits you best. Whether you prefer intensive research at a prestigious firm, working as an in-house advocate, or even balancing teaching with legal practice, the options are endless
Your career spans over 15 years, with diverse experiences in corporate law and litigation. Could you share with us how your journey began and evolved to your current role as a Legal Consultant at Paoletti Law Group? Please walk us through your Journey from choosing Law as a career to working in Dubai?
Law has always been my calling. Since the age of 14, I have had a deep desire to pursue a career in law. Despite coming from a business-oriented family, I knew that my path lay in the legal profession. I am the first lawyer in my family in 3 generations.
My journey in law began with my internship under the guidance of a senior advocate in Gauhati High Court in the year 2009. My senior, Mr. S.S. Sharma was a very patient and attentive teacher, and I learned a lot from him. I practiced under my senior’s guidance for 4 years and then started my own independent practice.
My thirst for knowledge is what led me to Dubai, UAE. I wanted to learn and experience law on an international level and Dubai offered me the perfect opportunity to do so. I landed in Dubai, UAE just before the lockdown in 2020, but I was blessed to still have found work here.
Throughout my career I have encountered an endless supply of legal issues, most of them demanding a unique solution. Navigating and resolving these issues have constantly kept me going. I love facing new challenges and finding out different ways of solving them.
As a legal consultant, you’ve navigated various legal landscapes, from India to Dubai. How do you perceive the differences in legal practice and client expectations between these regions, and how has this impacted your approach to advising clients?
Having experience in both India and UAE jurisdiction, I have had the opportunity to deal with diverse legal landscapes and understand the nuances of the expectation a client may have in each region. In both India and UAE, clients may have different legal requirements, but their needs, overall, are similar. All a client wants is someone to guide them through the legal maze and provide support and solutions for their issues.
Adjusting and adapting to the needs and requirements of clients and tailoring the services to the specific needs of each client is the best way to go. By utilizing my knowledge and expertise, I offer strategic and pragmatic advice that tackles each unique challenge and difficulties encountered by each client.
Moving from India to Dubai for your legal career marks a significant transition. What factors influenced your decision to relocate, and how has this move impacted your professional growth and experiences?
Like I have explained already, my thirst for knowledge and zeal to learn about law on an international level is what brought me to Dubai, UAE. Since moving here, I have had the good fortune to grow both personally and professionally. Working in Dubai has exposed me to diverse cultures, legal systems and business practices broadening my skill set as a legal consultant. This experience has been vital in shaping my understanding of cross-border legal practices.
Overall, the decision to move to Dubai, UAE has been instrumental in the development of my professional career.
Your role involves advising on Environmental, Social, and Governance (ESG) matters. Could you elaborate on how you integrate ESG principles into your legal strategies, and why they are increasingly important in today’s business landscape?
Integrating Environmental, Social, and Governance (ESG) principles into legal strategies involves a multi-faceted approach that encompasses compliance with environment regulations, promoting social responsibilities and best practices. This includes advising on risk mitigation strategies, conducting due diligence on ESG issues, and implementing policies and procedures to ensure compliance with applicable laws and standards. By aligning legal advice with ESG objectives, organizations can enhance their reputation, mitigate risks, and drive sustainable growth.
Considering your experience in international legal consulting, particularly in the UAE, what unique insights have you gained about cross-border legal practices and the challenges involved?
My experience in international legal consulting, particularly in the UAE, has provided me with unique insights into cross-border legal practices and the challenges involved. One of the key challenges in cross-border legal practice is navigating the complexities of different legal systems, cultural norms, and business practices, which can vary significantly from one jurisdiction to another. I strive to provide clients with advice that addresses their legal needs and helps them achieve their business objectives in an increasingly interconnected world.
Your expertise in drafting legal documents ranging from complex joint venture agreements to trademark registrations is commendable. What strategies do you employ to ensure clarity and efficacy in your drafting process? Any tips for students?
Drafting any kind of a legal document requires extensive research and accurate analysis of the issues and requirements involved in drafting that particular document. This includes reviewing relevant statutes and industry norms to ensure that the document is legally sound and meets the objectives of the parties involved.
For students aiming to excel in legal drafting, I recommend prioritizing clarity, precision, and meticulous attention to detail. Proper research and analytical skills, along with honing the ability to convey intricate legal concepts in straightforward language, will be instrumental in shaping their success in future legal endeavours.
With the demands of your profession, maintaining work-life balance is crucial. How do you unwind and rejuvenate after challenging days or intense legal engagements, and how do these activities contribute to your overall effectiveness as a legal consultant?
With the demands of my profession, maintaining a healthy work-life balance is crucial to my overall well-being and effectiveness. After challenging days or intense legal engagements, I prioritize activities that help me unwind. One of my favourite ways of unwinding is spending time with my family and friends. Additionally, I find solace in travelling and exploring new places. Engaging in these activities rejuvenates me, enabling me to return to work with renewed energy.
With your extensive experience in diverse legal matters, what advice would you offer to aspiring lawyers looking to build a successful career in corporate law and litigation, especially in today’s rapidly evolving legal landscape?
Aspiring lawyers aiming to build a successful career in the legal field should focus on several key points:
First and foremost, continuous learning is essential. Stay updated on the latest developments through ongoing education, attending seminars, webinars, and conferences, and engaging in professional development opportunities. Networking is another key aspect of building a successful legal career. Build a strong professional network by connecting with colleagues, mentors, and industry professionals. Embrace new technologies and methodologies that can improve efficiency and effectiveness in your practice. Develop strong communication skills, both written and verbal, as effective communication is essential for a successful legal career. Uphold the highest standards of ethics and professionalism in your practice to build trust with clients and colleagues.
