Tag: Litigation

“Emerging technologies such as artificial intelligence are poised to revolutionize various aspects of the legal profession. Cultivate resilience by maintaining a positive attitude, embracing adversity as an opportunity for growth” – Ritesh Kumar, Advocate-on-Record, Supreme Court of India
This interview has been published by Namrata Singh and The SuperLawyer Team

Could you please share with us your journey into the legal profession? What initially inspired you to pursue law, and what challenges did you encounter during your formative years in the field?

My journey into the legal profession was not pre-planned but rather a serendipitous occurrence that unfolded unexpectedly.

While my initial career aspirations varied in many different directions, fate had other plans in store for me.

I was doing a chartered accountancy course along with my graduation when I took Delhi University’s LLB entrance test in the final year of my graduation and got selected. I completed my law in 2002 from the Campus Law Centre, Delhi University, and that is how my journey into the legal world began.

In my initial years into the profession, I had the privilege to work under Hon’ble Justice Siddharth Mridul, who was then the Standing Counsel for Union of India in Delhi High Court and thereafter with Mr. Amarjit Singh Chandhiok, Senior Advocate. Working in the office of a standing counsel does provide a great deal of opportunity and it immensely benefited me too. Working in the most sought-after senior’s chamber in Delhi High Court inculcated discipline. It not only shaped my career but has also enriched my life in ways I could never have imagined.

With a special penchant for litigation, I decided against joining a law firm and chose to establish my own independent practice. Despite my enthusiasm, the journey was not without its challenges. As a first-generation lawyer, I lacked the familial connections and resources that are often advantageous in navigating the legal landscape. However, I refused to let these obstacles deter me. Instead, I embraced them as opportunities for growth and learning.

Yet, it was precisely this avant-garde journey that imbued me with a unique perspective and a tenacity to succeed. I embraced each challenge as an opportunity for growth, seizing every chance to expand my knowledge and hone my skills.

What motivated you to pursue and successfully complete the Advocate-on-Record (AOR) exam for the Supreme Court of India?

Initially, I did not realise the importance of being an AoR and did not take the examination despite being eligible in 2007-2008 itself, i.e., after 5 years of practice. However, I realised my mistake when it became evident that Supreme Court practise is an integral part of litigation and being an AoR is a clear advantage, more so, for a first-generation lawyer like me. Many of my peers went on to successfully qualify the exam and with their encouragement and support I also took the exam and became an AoR in my first attempt in 2011.

You have been involved in cross-border commercial disputes. Could you elaborate on the unique challenges and strategies required in such cases?

Since arbitration is a mechanism of resolution of disputes that, unlike court, takes place in private, it is always open to the parties to choose the substantive law and law governing the arbitration agreement as well as the seat and venue of the arbitration. Problems arising out of an arbitration call for the application of proper law of the contract, which is the law governing the contract creating the substantive rights of the parties; proper law of the arbitration agreement; and curial law, i.e., the law governing the conduct of the arbitration. Lawyers are confronted with situations where all these three may differ. Thus, one of the primary challenges in cross-border disputes is jurisdictional issues and matters related therewith. Determining the appropriate forum for resolution can at times be complex, owing to the parties based in different countries with conflicting laws and regulations. Also, building strong relationships with local counsel can be instrumental in achieving successful outcomes in cross-border disputes.

As a member of Insol International, how does your expertise contribute to resolving insolvency and restructuring matters?

Development in any other branch of law in India, in all likelihood, cannot be matched by the pace at which the insolvency regime contained in the Insolvency and Bankruptcy Code has evolved in the short period that it has been in existence in India.

INSOL International is a federation of national associations of professional who specialise in turnaround and insolvency. It facilitates key stakeholders to come together and share experiences by promoting best practices and providing a forum for debate on key issues facing the industry and the profession. Through this organisation, I am constantly exposed to the latest developments, trends, and best practices in insolvency and restructuring from around the world. This global perspective allows me to adapt and apply innovative strategies that have proven successful in different jurisdictions.

With your extensive experience in telecommunications and technology-related litigation, how do you anticipate the impact of emerging technologies on future legal disputes?

The rapid pace of technological innovation has reshaped the legal landscape, presenting both opportunities and challenges for lawyers and their clients.

Emerging technologies such as artificial intelligence (AI) and machine learning are poised to revolutionize various aspects of the legal profession, including case analysis, document review, and predictive analytics, which have the potential to streamline legal processes, improve decision-making, and enhance the efficiency of legal services.

Our Supreme Court has already started publishing the transcript of the hearing in select cases using Artificial Intelligence to transcribe hearings.

I see innovative technologies reducing administrative work for lawyers. However, it is unlikely that technologies and AI will replace human lawyers and judges.

You’ve been appointed as Arbitrator by the Delhi High Court multiple times. How does this experience contribute to your understanding of legal procedures and responsibilities? Please share some insights from this role.

The Hon’ble Chief Justice of India had recently remarked that the arbitration space in India resembles an old boy’s club. He highlighted how only retired judges dominate arbitral appointments, and, in the process, several promising candidates (such as lawyers and academicians) are overlooked.

I am glad to share that the Delhi High Court does appoint lawyers as arbitrators. Serving as an arbitrator appointed by the Delhi High Court is a significant and enriching experience that has deepened my understanding of legal procedures and responsibilities in dispute resolution. This role has afforded me invaluable insights into the complexities of arbitration proceedings and the nuances of adjudicating disputes outside the traditional court system. Additionally, this role has underscored the importance of effective case management and maintain procedural integrity in arbitration proceedings.

Beyond the courtroom, how do you engage in community outreach or pro bono work to promote access to justice and legal literacy among underserved populations?

Being the first one, in my entire family, to choose law as my profession, I do recognize the barriers that many individuals and communities face in accessing legal assistance. My office is open to everyone and anyone seeking any legal assistance. I am also empanelled with The High Court of Delhi (Middle Income Group) Legal Aid Society and I actively seek opportunities to leverage my skills and expertise to make a positive impact outside of traditional legal settings. My pro-bono work is driven by a deep-seated belief in the importance of promoting access to justice and legal literacy for all.

Outside of law, what hobbies or interests do you pursue that contribute to your professional development or enhance your perspective as a legal practitioner?

Balancing professional with personal interests is essential for maintaining a well-rounded perspective as a legal practitioner. One of my passions outside of law is literature and writing. I try to keep abreast of current affairs and make it a point to read couple of newspapers including financial ones. Additionally, I am an avid traveller and explorer. Traveling not only exposes me to diverse cultures, languages, and customs but also challenges me to adapt to new environments and navigate unfamiliar terrain—a skill that is invaluable in the legal profession, where each case presents its own unique challenges and complexities.

Can you share a pivotal moment or case from your career that significantly influenced your approach to law and litigation?

I have had opportunities to represent the Government of India and was part of the teams led by the Learned Law Officers before the Constitution Benches of the Supreme Court in several matters involving substantial questions of law as to the interpretation of the Constitution of India. I have handled numerous cases which are significant for one reason or another.

One pivotal moment in my career that profoundly influenced my approach to law and litigation was a case in the Supreme Court arising out of a controversial phone tapping. The issue involved as to whether a public figure has a reasonable expectation of privacy. Guidelines were issued by the Supreme Court which led to framing of the standard operating procedures (SOP) by the Government for legitimate phone tapping.

Having said that, I approach each case, with utmost sincerity, and take it as an opportunity to serve the clients in getting justice which they deserve.

With over two decades of experience in the legal profession, what suggestions or advice would you offer to the upcoming generation of aspiring lawyers and legal professionals navigating their way through the complexities of modern legal practice?

I would like to share with the upcoming generation of aspiring lawyers and legal professionals navigating the complexities of modern legal practice to embrace lifelong learning. The legal profession can be demanding and unpredictable, with its fair share of setbacks and challenges. Cultivate resilience by maintaining a positive attitude, embracing adversity as an opportunity for growth, and developing coping mechanisms to navigate stress and uncertainty effectively. You must uphold the highest ethical standards in all your interactions, prioritize the interests of your clients, and adhere to the rules of professional conduct and legal ethics.

Get in touch with Ritesh Kumar-
- LinkedIn
May 21, 2024
An Untold story of a lawyer Hasan Yaqoob, Director- Corporate Affairs at InMobi Group who is now renowned name of corporate world
This Interview has been published by Pragya Chandni and The SuperLawyer Team

You’ve had an illustrious career spanning various sectors including telecommunications, e-commerce, and disaster management. What initially drew you to the field of law, and how has your legal background influenced your approach to corporate affairs and public policy?

Two decades back I started my career as a lawyer from Lucknow Session court under the senior ship of Advocate Askari Anwar known for his legal intelligencia and criminal trials in Judiciary. Got my first case of a poor boy who was in judicial custody for a month as his widow mother had no money & resources to help his 18 years old son arrested for the scuffle during a cricket match with the son of an influential local municipal corporator. Advocated the case in court and bailed him out on the first hearing for which I got the Prasad of Hanuman Mandir and blessings from the mother of my client as the legal fee of my first case.

It is pertinent to mention that I got the legal fraternity in legacy, my grandfather and father were both prominent lawyers of their times. My father Late Haider Yaqoob Advocate was known as the legal pillar of the Medical health department, Govt of UP having expertise in service and waqf laws. Continuing my rich legal legacy I appeared in several matters in Hon’ble High court, Lucknow bench and set the new success stories specially in cyber laws cases with the rapid relief to my clients.

In 2006, I started getting the cases from the corporate organisations & got the opportunity to set the new benchmarks of success. I was the pioneer of telecommunication Lok Adalat, by organising the first Lok Adalat in Lucknow to resolve the recovery cases of Reliance communication pending since long.

Noticing legal acumen and rapid legal remedials I was approached by Mr Anil Ambani’s office directly and has been offered to join Reliance Communication as legal Manager for Uttar Pradesh. After several brainstorming sessions with my family and seniors in the fraternity I stepped into the corporate domain and joined RCOM.

During the job era in Reliance, created a large network of lawyers covering all the districts of Uttar Pradesh and delivered remarkable results in the telecommunication domain which resulted in the garnering of additional new responsibilities of Corporate & Government affairs in the organisation. Utilising the legal acumen rapid results could be delivered in consumer forum, State Commission, NI Act, Recovery suits, Labour cases and matters related to IPC etc.

Later on, I was offered a job by several corporate houses and have worked with Tikona Digital networks , Reliance Jio, Vodafone Idea, Walmart’s Flipkart, Inmobi Group.

As a leader in both the Legal & corporate sectors, you’ve played a pivotal role in bringing about positive change in Uttar Pradesh. What advice would you offer to aspiring professionals looking to make a similar impact in their communities, especially fresh Law graduates & Lawyers to enter in corporate affairs careers?

I believe that transitioning from a legal career to corporate affairs can be a natural progression for lawyers looking to broaden their skill set and explore new avenues within the business world. Corporate affairs professionals play a crucial role in managing an organization’s relationships with stakeholders, shaping its public image, and navigating complex regulatory landscapes.

Lawyers bring valuable skills to this role, including legal expertise, analytical thinking, and the ability to navigate intricate regulatory frameworks. They may leverage their understanding of laws and regulations to ensure the company complies with relevant requirements and mitigate legal risks. Additionally, their experience in contract negotiation, dispute resolution, and problem-solving can be beneficial in addressing various challenges that arise in corporate affairs.

Transitioning to corporate affairs may involve acquiring additional skills such as communications, public relations, and strategic planning. Networking, professional development opportunities, and gaining practical experience in corporate settings can help lawyers successfully make this transition. Overall, the move from a legal career to corporate affairs offers lawyers a chance to apply their skills in new ways and contribute to the success of organizations in different capacities.

Throw some light on how you have been instrumental in leveraging telecom, e-commerce platforms to empower artisans and MSMEs & overall society in Uttar Pradesh, thereby contributing to entrepreneurship and women’s empowerment. What strategies do you believe are crucial for ensuring the sustained growth for the society through corporate initiatives?

Other than my regular job practices, I always focus on bringing transformation in society by changing the livelihood of common men, empowering women and introducing sustainability models by virtue of corporate domain resources.

I am glad to share that using personal connections and intervention in the corporate world more than one thousand youth of Uttar Pradesh have been employed in different corporate companies so far.

Played a prominent role in changing the livelihood of thousands of artisans & MSMEs of Uttar Pradesh by supporting them through E-commerce platforms which expanded their reach nationwide and increased their products visibility and revenue in high numbers, promoted entrepreneurship and women empowerment.

Using my E-commerce strength, also gave a new height to UP ODOP program through Online digital selling of ODOP products, I was instrumental in boosting the sale of ODOP products in thousands of crores which was appreciated by hon’ble Prime Minister Modi during GIS 2022 at IGP Lucknow, ODOP products sale on Flipkart is only more than 2500 crore in last 3 years. Also developed a dedicated ODOP & Khadi storefronts for online sale with worldwide access. This initiative was appreciated by Hon’ble CM Yogi and Defence Minister Shri Rajnath Singh as well.

I also supported the farmers and agriculture system of Uttar Pradesh by doing the capacity building and making farmers Samarth for showcasing, expanding their agriculture business at national level by the help of online platforms and opportunities.

I opine that society development through corporate excellence and initiatives involves leveraging the resources, influence, and innovation capabilities of corporations to address social challenges and contribute to the overall well-being of communities. Here are some ways this can be achieved:

1. Corporate Social Responsibility (CSR) Programs:-
Education and Skill Development: Companies can invest in educational initiatives, providing scholarships, building schools, and offering vocational training to improve local workforce skills.
Healthcare Initiatives: Corporations can support healthcare by funding hospitals, running health camps, and promoting health awareness programs.
Environmental Sustainability: Implementing eco-friendly practices and supporting environmental conservation projects can help tackle issues like climate change and pollution.

2. Inclusive Business Practices:
Fair Trade and Ethical Sourcing: Ensuring fair wages and safe working conditions in supply chains supports economic development and reduces poverty.
Local Hiring and Procurement: Prioritizing local hiring and sourcing from local businesses can boost local economies and create job opportunities.

3. Innovation and Technology:
Tech for Good: Developing and deploying technologies that address social issues, such as renewable energy solutions, healthcare innovations, and educational tools, can drive societal progress.
Research and Development (R&D): Investing in R&D for products and services that meet the needs of underserved communities.

4. Public-Private Partnerships:
Collaborating with governments and NGOs to implement large-scale development projects, such as infrastructure development, public health campaigns, and educational reforms.

5. Philanthropy and Corporate Foundations:
Establishing corporate foundations that focus on specific societal issues, providing grants, and supporting non-profits and community-based organizations.

6. Employee Engagement:
Encouraging and facilitating employee volunteerism, where employees contribute their time and skills to community projects and initiatives.

7. Sustainable Business Practices:
Implementing sustainability practices that reduce environmental impact and promote long-term ecological balance, benefiting both the company and society.

8. Impact Investing: Investing in social enterprises and projects that aim to generate both financial returns and positive social impacts, such as affordable housing, clean energy, and sustainable agriculture.

9. Advocacy and Leadership:
Using corporate influence to advocate for policies and regulations that promote social equity, environmental protection, and economic inclusivity.

By integrating these strategies into their core operations, corporations can play a pivotal role in societal development, creating a positive impact that extends beyond their immediate business interests.

Your role in supporting the government’s response to the COVID-19 pandemic, including sourcing essential medical supplies and arranging transportation, demonstrates a unique intersection of corporate and social responsibility. Could you share some insights into how corporate entities can effectively collaborate with government bodies during crises like the pandemic?

During covid times using corporate excellence and connects, we as a team acted as a support system for the government and society, hundreds of Modern Ventilators, Oxygen concentrators, numerous Oxygen plants, lakhs of PPE kits, N95 masks and other preventive goods were arranged by us through different corporate houses which saved the lives of people in large numbers. We played the role of saviour by the arrangements of dedicated commercial aircraft which bought covid goods from the foreign lands to India.

Corporate entities can support government efforts during a crisis through a variety of proactive and strategic initiatives. Here are several ways they can come forward:

Financial Contributions and Donations, Providing Goods and Services, Essential Supplies, Critical services like telecommunications, transportation, and healthcare support at no cost or reduced rates, Logistical and Operational Support, Supply Chain and Distribution, Facility Use – Make company facilities available for emergency use, such as converting office spaces into temporary shelters or medical facilities, Technological Assistance, IT Infrastructure-Provide technological infrastructure and support, such as cloud services, data analytics, and cybersecurity measures, to help manage crisis response.
Innovation and Development – Develop and deploy technology solutions, such as apps for crisis communication, contact tracing, or resource allocation, Human Resources and Expertise, Skilled Volunteers Consultation and Training, Public-Private Partnerships, Community Engagement and Support, Awareness Campaigns, Research and Development- Innovative Solutions: Invest in R&D to develop new technologies and solutions that can aid in crisis management and recovery. This includes everything from medical research to environmental technologies, Corporate Social Responsibility (CSR) Initiatives- Crisis Focused CSR- Integrate crisis support and disaster relief into CSR programs, ensuring sustained engagement and support during and after crises .
By taking these few steps, corporate entities can significantly bolster governmental efforts during crises, leveraging their resources, expertise, and infrastructure to provide comprehensive and effective support.

Your advocacy for environmental sustainability, including your initiatives like installing anti-pollution air purifiers near the Taj Mahal, highlights the importance of corporate leadership in addressing pressing societal issues. How can corporations effectively balance profitability with environmental stewardship?

Sustainable Practices by corporate organisation is a mandate of late, Promotion of sustainability and resilience in business operations helps to mitigate future crises, particularly those related to environmental and climate-related challenges.

Adopting sustainability practices in business operations offers numerous benefits to corporations, including:-

1. Cost Savings: Sustainable practices like energy efficiency, waste reduction, and resource optimization can significantly lower operating costs over time.
2. Brand Reputation: Companies committed to sustainability can enhance their brand image and attract customers who prioritize environmental and social responsibility.
3. Regulatory Compliance: Proactively adopting sustainable practices helps businesses stay ahead of environmental regulations, reducing the risk of fines and legal issues.
4. Competitive Advantage: Sustainability can differentiate a company from its competitors, appealing to a growing market segment that values ethical practices.
5. Employee Engagement: A commitment to sustainability can boost employee morale and attract talent, as many workers prefer to be associated with socially responsible companies.
6. Investment Attraction: Investors are increasingly looking for sustainable businesses, as these are often seen as lower risk and more future-proof.
7. Innovation and Efficiency: Sustainability initiatives can drive innovation, leading to the development of new products and services and improving operational efficiencies.
8. Risk Management: Sustainable practices can help mitigate risks related to resource scarcity, supply chain disruptions, and climate change impacts.
9. Long-term Viability: By focusing on sustainability, companies ensure they are not depleting resources needed for future operations, supporting long-term business success.

These benefits collectively contribute to a more resilient, profitable, and socially responsible business model.

With your extensive experience in corporate affairs and public policy, particularly in the realm of telecom, e-commerce and AI domain, what are your inputs and suggestions to make Uttar Pradesh as an AI & Digital hub of nation ?

Firstly thanks to the Government of UP for notifying the UPAI committee consisting AI experts from different tech companies to be part of the AI journey in Uttar Pradesh. Furthermore, We need to create an AI ecosystem in Uttar Pradesh and transforming Lucknow into an AI-powered city requires a multi-faceted approach involving government, industry, academia, and the public. Here are some key initiatives that could help achieve this vision:-

Establishment of AI COE in Lucknow.

Education and Skill Development centre for AI ,AI-focused Curriculum: Integrate AI and data science courses into the educational curricula of schools, colleges, and universities.

Training Programs: Launch vocational training programs to reskill the existing workforce in AI technologies.

Research Centers: Establish AI research institutes in collaboration with top educational institutions to foster innovation and development.

Policy and Regulation: AI Policy Framework: Develop a comprehensive AI policy framework to guide the ethical and sustainable use of AI technologies.

Industry Collaboration: Public-Private Partnerships: Encourage partnerships between the government and private sector to fund and develop AI projects.

Start-up Ecosystem: Create a conducive environment for AI start-ups through incubators, accelerators, and funding opportunities.

By undertaking these initiatives, Uttar Pradesh can pave the way to becoming a leading AI state, enhancing the quality of life for its residents and positioning itself as a hub for technological innovation.

Lastly, tell us about your legal, corporate journey and what honorary positions you are holding in the government domain? And drawing from your rich and diverse experiences, what advice would you give to recent law graduates or young professionals aspiring to pursue a career path similar to yours, particularly in navigating the complexities of corporate affairs and public policy while staying true to their values and principles?

I am currently serving as the Director Corporate Affairs, in Inmobi group, India’s first unicorn and now a double unicorn with Glance also notching up incredible growth in less than two years since its inception. Have held leadership positions in north India leading telecoms, E-commerce companies, industry bodies, chambers and as a think tank. Currently Chairman of UP E-commerce & logistics council, Honorary advisor to District Disaster Management Authority, LKO, Govt of UP & Advisory Member on AI -I T & Electronics Department, Govt of UP.

Holds Masters in Human Resource management, bachelor in Laws, Journalism experiences, my penned down articles widely published and a leading voice for developing countries and emerging economies on digital economy, global markets, deepening democracy, political economy, media ecology, disruptive technology, regulatory affairs and public policy. My interest is only to serve the nation through my Corporate excellence as my professional expertise has always directed towards serving both people and the state, signifying a commitment to social responsibility and community welfare. By fostering legal acumen, ethical business practices, prioritizing employment of youths & well-being, and actively engaging in philanthropy, have contributed in societal development of state. My approach has led to economic success with broader social and governmental objectives, creating a harmonious balance between corporate growth and public welfare. Have been admired by Hon’ble Governor of UP, Deputy CM, Several Ministers and Govt stakeholders at several instances for his dedicated contributions for the upliftment of state and bringing glory to Uttar Pradesh through his corporate excellence!!

Answering the second part of the question, I think building a career in corporate affairs while maintaining ethics, principles, and values involves a multifaceted approach. Here are some key strategies to help youths in achieving this:

1. Professional Integrity:

   – Adherence to Ethics: Always adhere to a personal code of ethics and the ethical guidelines of your profession.

   – Transparency: Be transparent in your communications and actions. Build trust by being honest and straightforward.

   – Conflict of Interest: Avoid situations where personal interests might conflict with professional responsibilities.

2. Building Relationships:

   – Networking: Build a network of like-minded professionals who value ethics and integrity.

   – Mentorship: Seek mentors who exemplify ethical leadership and can guide you in your career.

   – Stakeholder Engagement: Engage with stakeholders ethically, ensuring their needs and concerns are addressed fairly.

3. Corporate Governance:

   – Best Practices: Advocate for and implement best practices in corporate governance within your organization.

   – Policy Development: Develop and enforce policies that promote ethical behaviour and compliance with laws and regulations.

   – Ethical Leadership: Lead by example, demonstrating ethical behaviour in all professional activities.

4. Ethical Decision-Making:

   – Decision Frameworks: Use ethical frameworks and decision-making models to guide your actions.

   – Long-term Perspective: Focus on long-term benefits rather than short-term gains, ensuring decisions are sustainable and ethical.

   – Accountability: Hold yourself and others accountable for ethical behaviour. Encourage a culture of accountability within your organization.

5. Communication Skills:

   – Clear Communication: Communicate clearly and honestly with all stakeholders.

   – Crisis Management: Handle crises ethically, ensuring transparent communication and accountability.

   – Reputation Management: Maintain and protect the organization’s reputation through ethical practices.

6. Regulatory Compliance:- Stay Informed: Keep up-to-date with relevant laws, regulations, and industry standards.

By integrating these strategies into your career development, you can build a successful career in corporate affairs while maintaining your ethics, principles, and values. Remember, consistency in ethical behaviour not only builds personal integrity but also fosters a trustworthy and sustainable business environment.

Get in touch with Hasan Yaqoob-
- LinkedIn
May 20, 2024
“If you understand that you follow the reporting protocols and are clear about when you need to accelerate a matter to a more senior person or when to take a matter off the table of a senior person and put it into junior hands, you help yourself a lot”- Roma Bhagat, Founder, Roma Bhagat Associates
This Interview has been published by Pragya Chandni and The SuperLawyer Team

Can you share with us your journey into the field of law? What inspired you to pursue a career in this domain, particularly focusing on such diverse areas as civil and criminal law, intellectual property, disability rights, and more?

As a child, I visited a lot of courtrooms with my father and it seemed like a natural progression to find my way there as a qualified Lawyer. My journey, thereafter, in the legal field was just an accident. As I grew older one thing I realized was that law is a profession that didn’t offer me only diversity but also Independence, and I liked it. I joined an Intellectual Property Law Firm in order to gain experience in the field that my father did not practice in. After a point when I realized that it would take me very long to become independent in this field of law, I shifted to Civil Law practice. Along the way, I became associated with an office that was dealing in matters relating to customs, excise, para, and the like. I think I have a very low threshold of boredom and enjoy diversity. So I have done almost any and every matter that has come my way. I recognized as a very junior lawyer that law is nothing but knowing where to find what you need and the old-added seek and ye shall find actually works.

I was essentially a civil lawyer till one of my clients got arrested in a customs matter. For some reason, he declared that he would stay in jail rather than be represented by anyone else even though I didn’t practice criminal law. This weight of responsibility made me dive into criminal Law and after that, I didn’t look back. Falling into sports law was also an accident. I had a client who was very passionate about sports and was suffering greatly. I took some matters to Court for him. Before I knew it, I was handling a lot of sports matters. I think my journey in sports law was also helped by the fact that I was a trustee in the Special Olympics for 7 years and as a litigation lawyer I had a distinct advantage in knowing both sides of the system.

You’ve been deeply involved in advocating for persons with disabilities, working on legal aid, policy advocacy, and training programs. What initially drew you to this cause, and what are some key challenges you’ve encountered in this area of practice?

Disability is very close to my heart. I have severely impaired vision myself. And I understand disability up close in person, as they say. I think the twin challenges of disability are attitude and awareness. When I was in 9^th standard and opted for humanities, my school wanted to know why I wasn’t taking science because I was “a good student”. When my parents informed them that my eyesight precluded me from taking science subjects because I wouldn’t be able to do the required experiments, my school started talking about careers in basket weaving and pottery. In my case, I consider myself lucky that their attitude didn’t influence me or my parents. But in my interactions with disabled persons and the mainstream world, I find this attitude is a two-way street that diminishes the person with a disability and impacts their ability to negotiate their environment.

I believe that only concentrating on macro-level cases in disability is problematic. Class action writs, or individual writs for that matter, are necessary to access rights. Stopping short at that is discriminating, in itself. I believe that a disabled person cannot be identified only by their disability. They therefore should have proper representation for cases relating to mainstream law such as property, inheritance, contract, criminal justice, and family. Hence, the legal aid.

The importance of training is something that I cannot emphasize enough. And it was for that reason that I will always try and make time for them. One small but telling incident comes to mind. An autistic boy was being questioned by the police and it was a frustrating experience for both. I observed that the police officer would start his questioning by saying “I am going to ask you one to two questions”. The autistic boy would respond to two questions and then wonder. I explained to the police officer that when this “one or two questions” is stated to a non-autistic person, the understanding would be that it would translate to a “few questions”. However, the autistic person would take it as a specific number

and after two questions will think that the questioning was over. By simply modifying the statement to say that I have some questions to ask, we managed to get the necessary information. This incident, though funny, is also revealing of the fact that if we are able to modify the environment keeping in mind the requirement of a disabled person, things move a lot more smoothly.

As someone who has worked with a range of clients from domestic to international corporate houses, what do you believe are the essential qualities or skills that make a lawyer successful in navigating such diverse legal landscapes?

I think the most important ingredient is inspiring confidence in your client that you will do the job to the best of your ability and it will be a “good best”, that is because you will do your homework. Law is such a vast field that no one person can know it all. It’s good to be aware of this fact and be clear with your client that while you will not have the answer, you have the capability to find it and the acumen to know where to look for it. One of my best clients was the person whose first case I lost. Then when he appeared with another matter, I asked why have you come back to me when I lost your case, and then he replied that I followed you in every step of the case. If anyone would have won it, you would have. It was a bad case but it didn’t stop you from fighting. One thing I’ll add is that clients are clients, national or international, rich or poor, the differences between them are personality-based and cross-cutting. Some clients simply unload their troubles on you and others want to micro-manage and that has nothing to do with what they are paying you. As far as corporate clients are concerned, it is necessary to remember that every company has a certain hierarchy and a way of functioning. If you understand that you follow the reporting protocols and are clear about when you need to accelerate a matter to a more senior person or when to take a matter off the table of a senior person and put it into junior hands, you help yourself a lot.

Your involvement with organizations like the National Human Rights Commission and the National Trust reflects a commitment to broader social issues beyond legal practice. How do you balance your legal career with your advocacy work and community engagement?

I believe if you learn to balance your priorities, you can always find time for things you really want to do. Effective time management and assistance of able juniors has always helped me sail through these commitments.

You’ve been part of various committees and expert groups focusing on legal reforms and housing policies. Could you shed some light on the role of legal professionals in shaping legislative frameworks and policy decisions, particularly in areas like land reforms and housing?

When it comes to drafting Bills that eventually translate into Acts, or Policies for that matter, Lawyers have a mind that is already trained to read legal statutes and decode them. Furthermore, people come to the Lawyers with their problems, looking for solutions/effective remedies that would “solve” their problem[s]. Over time, a Lawyer’s mind is trained to analyze a set of facts so as to conceptualize the actual problem, look for the root cause and then offer an effective and efficient solution. This analytical bent of mind, coupled with domain specific expertise, goes a long way in assisting in formulating or shaping Legislative Reforms/frameworks (to cure any mischief) and policy decisions. Furthermore, Lawyers, particularly those who practice in diverse fields, have the capability to assess and understand domain-specific facts in so far as they are material to the matter in hand and be able to use it in that fashion. In my case, my past experience in the domains such as Disability Law and Social Housing and related Land Reforms etc came to my assistance and we were able to bring in targeted reforms.

Given your experience in arbitration proceedings, both as an arbitrator and counsel, could you discuss the unique challenges and advantages of alternative dispute resolution methods, especially in international work contracts?

If conducted properly, arbitration is an extremely efficient way of dealing with dispute resolution. I think the key for me has been due process. If due process is followed then arbitrations move on a fast track. It saves time, stress, and in the long run, opportunity cost. Another advantage of the Arbitration process is having Domain/technical experts as Arbitrators, specifically in the cases of competitive and technical work contracts. I can particularly think of quite many instances where the Arbitrators, being qualified domain experts, understood the

technicalities of the matter immediately and the proceedings were concluded in record time, with most effective resolutions to the disputes. In the matters relating to International Work Contract[s] sometimes u have conflicting jurisdictions, and in such circumstances, accessing the Domestic Courts and obtaining an Executable Decree can be a challenge. Arbitration overcomes that hurdle.

Some of the challenges of Arbitration Proceedings relate to the question of Interim Relief[s] and the enforceability of Awards. I have personally never encountered a situation where an award wasn’t honored, but should that be the case I would imagine there could be issues arising out of the complex nature of the interactions between different sets of, perhaps clashing, domestic Laws .

Finally, what advice would you offer to law graduates who aspire to build a successful and impactful career in the legal field, considering your wealth of experience and expertise?

The first piece of advice I have to offer is to recognize and grab every opportunity. The second is to do your homework and be prepared. Thirdly, be organized. You have one shot at the Arguments, be prepared. Fourthly, mistakes will happen. A good lawyer looks for a way to rectify those mistakes, so damage limitation is very important. If you are a civil lawyer then cultivating the ability to think laterally is extremely important, because in civil law there are no straightforward answers. There could be multiple solutions to the same problem. Lastly, seek and ye shall find. Keep working hard and smart.

Get in touch with Roma Bhagat-
- LinkedIn
May 18, 2024
“Mediation can be one of the quickest, cheapest, effective, and sustainable methods to resolve disputes, saving numerous hours of court’s time.” – “Bridging the Worlds of Accountancy and Law: Keval Sheth, Founder, Konvêrj-Zeûs
This interview has been published by Namrata Singh and The SuperLawyer Team

Your educational journey is quite diverse, transitioning from becoming a Chartered Accountant first and then an LL.B. What motivated you to pursue a diverse career in accountancy and law, and how has this multidisciplinary background influenced your approach to risk, forensics, and dispute advisory?

Though I have qualified as both, I have not practiced as either of them. I have been in consulting for all my professional career, right since my internship days back during 2002-05. I started with a lot of risk advisory and corporate governance work, working with various consulting firms. But it was when I started conducting forensic investigations and when I interacted a lot more with lawyers, I was intrigued enough by their role and wanted to, if not practice as one, but think from their perspective as well.

What this has done is that while I am conducting the investigations, it helps me wear a lawyer’s hat also and foresee, of course in my limited knowledge and capacity, certain aspects which are distant to someone who is just a forensic accountant. And needless to mention the extra help I get to interpret various documents in my dispute advisory work as well.

In this context and as an accredited arbitrator and an empanelled mediator, what unique insights do you think you bring to the table to resolve disputes effectively?

Globally, the arbitration practice as such is led by the legal fraternity and rightfully so. Having said that, in my view, there is good space for technical professionals other than lawyers. Technical experts like accountants, engineers, doctors, architects, etc. can immensely contribute as a neutral to resolve disputes.

If a technical professional is an appointed neutral on a case, be it as a sole arbitrator or as a co-arbitrator, I think there is a lot of merit in the process. Imagine a complex commercial dispute or a construction dispute, where you have a chartered accountant or an engineer as one of the arbitrators respectively; not to mention if they additionally are qualified lawyers as well. Not only is the arbitrator adept in the legal aspects but also aware of the complex technical aspects of the case, which may lead to a better conclusion on the case. It is also better to understand the prevailing entitlement, causation and quantum of a case.

With your extensive experience in forensics and dispute advisory, what are some common pitfalls you’ve observed in organizations regarding risk management, and how do you help them navigate these challenges?

The most common and critical one that I have observed is to not have a risk management framework at all or to have it led by a risk champion who is relatively inexperienced in the role or function.

Another pitfall is that a lot of corporates have failed miserably in integration of data, systems and people. Multiple fragmented systems and processes lead to inconsistencies and non-standard procedures.

Over emphasis on financial risks with no or limited attention to operational, reputational and strategic risks are leading corporates to last minute surprises and resort to course corrective actions.

Policies and procedures are often poorly drafted and hence lead to multiple gaps and loopholes being exploited by the perpetrators.

In my experience, we are usually brought in largely when there is a crisis in the company and our support is sought to investigate and course correct the situation. However, in a growing number of cases, management does realise that a proactive approach to have a robust fraud risk assessment will be more effective to save money, time and the huge energy that they are drained off of in a reactive approach. So, I would recommend that risk and fraud management frameworks are of utmost importance. These frameworks also help avoid various disputes and compliance issues that may crop up due to identified procedural shortcomings.

Founding Konvêrj-Zeûs represents a significant milestone in your career. What inspired you to establish your own consulting firm, and what unique approach does Konvêrj-Zeûs bring to the table?

Yes, it is. Back in September 2021, I thought that the timing was just right. Things were just starting to recoup post the Covid-19. After working with various well-known accounting / consulting firms of global repute, I thought it made sense to take the plunge and explore new avenues. As a budding professional, you have always dreamt of having something of your own someday. I think the entrepreneurial bug bites you really hard.

At Konvêrj-Zeûs, we offer multiple consulting services to corporates, banks, other non-banking entities and law firms, which include Risk Advisory, Forensic Investigation, Dispute Advisory, Financial Advisory and Transformation Advisory Services.

I think being brought up professionally in some of the large consulting firms does develop a professional approach and attitude that is appreciated by clients globally. So, even though Konvêrj-Zeûs is still in its nascent stages of its journey to expand, the kind of work we do is acknowledged to be at par, if not better, with some of the leading consulting firms around.

I think the ‘attention to detail’ that we pay on each of our projects helps us give our clients exceptional service experience. At the end of the day, we immensely value the trust that our clients place on us.

Could you elaborate on the intersection between forensic accounting and economic damages assessment, and how this expertise aids in resolving disputes and providing expert witness testimony and also uncovering financial irregularities and providing expert testimony in legal proceedings?

Forensic accounting is actually a combination of accounting and investigative techniques used to discover financial crimes and as Forensic accountants; we explain the nature of a financial crime to the courts. Many cases, where we are on-boarded, require us to quantify the damages due to certain breaches, for example, or quantify the losses due to fraud or misrepresentation, or value IPs like Trade Secrets / Brands in cases of IP infringements or data theft and so on. So, the investigation does not end at authoring a report and concluding whether a fraud was committed or not, but also goes ahead and quantifies the losses / damages.

Likewise, in case of disputes, the Tribunal relies more upon and takes into consideration an expert’s report than that from the parties to a dispute, while they decide and award the damages or lost profits as it is from a neutral standpoint. Once the legal tenability is proven, often the question of ‘How Much’ is core to the Tribunal to decide upon, which is where our quantification helps them.

So apart from the economic analysis, I think the forensic accounting skill set does play a crucial role in setting right the facts and figures of the case and eventually also limiting the assumptions and extrapolations used in the quantum exercise.

Similarly, in cases where financial irregularities are concerned, we analyse financial data and identify discrepancies that may indicate fraud or other financial crimes. We work closely with law enforcement agencies, attorneys, and other professionals to investigate financial irregularities and provide evidence to support legal proceedings. For doing the same, we use different techniques, tools and technologies to unearth the financial irregularities.

Your role as a mediator at the High Court of Bombay indicates your involvement in alternative dispute resolution mechanisms. How do you see the role of mediation evolving in the legal landscape, particularly in complex commercial disputes?

We all know that mediation can be one of the quickest, cheapest, effective and sustainable methods to resolve disputes. It adds advantages to the case, for being informal and of a flexible nature while maintaining confidentiality.

While a lot of parties do attempt mediation on the first go, a lot of courts have also resorted to mediation before litigation. Also, for a majority of people, the prospect of going to court is daunting both emotionally and in terms of the financial strain it can pose, and it can mean that proceedings take a considerable time.

When widely accessible, mediation can be a successful way of keeping cases away from the stress and expense of court. This saves numerous hours of court’s time, which can be useful for cases that are not resolvable through mediation.

Even in complex commercial disputes, it may sometimes be at the parties’ advantage to use mediation as a channel to resolve the dispute. The complex nature of dispute can be simplified by seeking help of technical experts, while the legal aspect can be taken care through mediation. This not only saves the parties huge amounts of effort and money, but it can also give the parties that critical time to decide and make critical decisions after the resolution that they would have lost in a long-standing dispute.

Given your wealth of experience in the field, what advice or suggestions would you offer to the upcoming generation of professionals aspiring to make a mark in risk management, forensics, and dispute resolution?

I genuinely believe that there are numerous avenues where one can practice and expertise apart from the traditional fields of professions of a Chartered Accountant and a Lawyer.

A dual qualification or skill set is always going to be an added advantage, be it of any specialized profession. So, I would always advise one to be on the lookout for opportunities where one can expand the horizon to add the necessary skill set to one’s profile.

In my case, internal audit led me to risk and corporate governance, which led me to forensics, which led me to expert report & evidence and currently I also support resolving disputes. So, one has to hold on to the leading strings to explore new avenues of consulting.

Branching out to this particular niche practice area has worked for me until now. For someone else, it can be a different combination. But one has to explore into various formats and see for themselves what suits them. We often are bound to one particular field observing our mentors or seniors or partners around us, but in my view, one has to take some risks in early years to establish a strong foundation.

For practicing in forensics and dispute resolution, I would finally advise to be qualified or acquire the requisite skill set where one understands the legal and one technical side of things.

Get in touch with Keval Sheth-
- LinkedIn
May 16, 2024
“There are no shortcuts to success. Your ability to read and analyze will set you apart from others, Always read the provision or judgment independently before considering others opinion” – Amit Shrivastava, Advocate on Record & Managing Partner at Imperial Law Offices
This interview has been published by Namrata Singh and The SuperLawyer Team

It’s a pleasure to have you with us. Could you share with our readers a bit about your journey, from how you embarked on your career in law to becoming the Managing Partner at Imperial Law Offices? What inspired you to choose law as your career path?

Thank you Namrata and team Super lawyer for having me here. Well my journey in law started with guidance from my best friend’s father Mr. L.D. Borasi, who was an Additional District Judge then in Madhya Pradesh. He knew me personally and was of the view that I could do really well in law. On his encouragement I did my research on the subject and came to know that the legal profession suits my personality. Then I took admission in BA LLB (Hons.) course in Devi Ahilya VishwaVidyalaya, Indore (M.P.). I completed my law in 2009 and started my practice in Delhi, things started happening. and here I am 15 years later.

As a co-founder of Imperial Law Offices, what inspired you to establish your own legal practice, and what unique approach do you bring to the legal profession?

The idea of embarking upon the entrepreneur journey was always there in the back of mind. However, I was very lucky to have an opportunity to work in the top law firms of the country. It was a very enriching experience working there and was a tough decision to quit the job. The idea of starting Imperial Law Offices germinated after meeting my co-partners who themselves having worked in top law firms of the country were looking to start a law firm. As a law firm we bring to the table a full service law firm for our clients with partners having more than decade and a half years of experience of representing leading Multinational Companies in the country. The Firm’s global perspective is based on its deep knowledge of the sector/industry and the prevalent practices. The team of professionals understand issues across a broad spectrum of business and legal practices. This fluency allows the Firm to bring the right talent and knowledge to deliver commercially pragmatic advice to our clients.

Your extensive experience (as a litigation lawyer) spans across various legal domains, including Insolvency & Bankruptcy, Tax, Real Estate and Arbitration. Among these, do you have a particular area that you find most fulfilling to work in? Could you tell us why?

These are my core practice areas, it is very difficult to choose between them. However, the best thing I like about being a litigation lawyer is that it always keeps you on the edge and keeps throwing new challenges at you. However long you may have practised there will always be something or the other which you will be dealing with for the first time. As they say, you are always a student of law. Each day you learn new things. So there is never a dull day in litigation. This is what keeps you going. Another thing which is very satisfying is the ability to make an impact on society and help others.

Given your extensive experience in taxation and insolvency matters, what advice would you give to young lawyers aspiring to specialize in these areas of law?

Both these fields, especially taxation, are very dynamic in nature. There are lots of amendments, notifications, circulars and clarifications by the government very frequently on these subjects which govern the interpretation of law. Not to mention the day to day case laws coming in from courts/ tribunals. So one of the key features of practicing in these subjects is to be able to trace out the legal history of the provision you are dealing with to understand the mandate of the legislature. Another very important part of practicing in these areas of law, especially while dealing with international taxation matters is that you will have to deal with various international treaties and international jurisprudence. Apart from the above strong knowledge of constitution law and basic understanding of accounting principles are must. So if you have these basics covered, you can excel in these subjects.

For the current generation aspiring to build successful legal careers, what would be your top piece of advice or mantra for achieving professional excellence and fulfilment in the legal field?

To young lawyers my piece of advice is that one should inculcate the habit of reading. There are no shortcuts to success. Your ability to read and analyse will set you apart from others. Also never make your belief on the basis of the opinion of others without actually reading the provision/ judgement yourself independently. First read the provision/ judgement unbiased by the opinion of the others or common belief, then see what others are saying. This habit will give you a closer understanding of the law and will eventually lead you to success. Also your command over language is a very important factor which will contribute towards success.

In today’s world where there are lots of branches of law apart from litigation, where you can excel relatively easily. Career in litigation, unlike old times, has become a choice. Clearly life in litigation initially is not very financially gratifying, however if you have the bent for it and are willing to put in the long hours, it can prove to be a very enriching career.

You’re an Advocate on Record at the Supreme Court of India. Can you shed some light on the challenges and significance of clearing the Advocate on Record exam, and how it has impacted your legal career?

The Advocate on Record exam is more of a practical knowledge based exam. If you are regularly practising in the Supreme Court and are well aware of the practices and procedure of the Supreme Court it becomes slightly easier to clear the exam. The next big challenge in this exam is that question papers are very lengthy, so you will have to be very clear and concise in your answers, it is only then you will be able to attempt all the questions.

Qualifying the exam really helped me as it gave an added advantage as a litigation lawyer. Clients/ friends from high courts started approaching me to file matters before the Supreme Court. This increased my client base, which was very important for me professionally as my independent practice is quite new. As a law firm we were able to comfort our clients that we can represent their cases till the Supreme Court. Also one of the good things about practicing as an AOR is that you get to do matters from different fields of law, one day you are arguing a criminal law matter and other day you may be dealing with a tax law matter related to transfer pricing. This type of variety is very rare otherwise. So it has been quite an enriching achievement.

Your involvement in landmark judgments and complex legal matters is evident from your extensive list of reported judgments. Among these, is there a particular case or judgment that you found particularly challenging or rewarding, and why?

I will tell you about the most recent ones before the Supreme Court and NCLAT. Last year I was approached to file a very complicated criminal matter wherein parties involved were from two rival political parties. In 2017, during a politically charged environment, there was a skirmish between the two parties during an election campaign involving exchange of gunfire, leading to cross FIRs from both sides. In the FIR against my client, SC/ST Act was falsely invoked, just to jeopardize his contention in elections. We were against dismissal of discharge applications by the courts below, especially qua SC/ST Act. There was a battery of senior advocates from both sides. It was a hard fought case, in which we were able to obtain a positive order from the Supreme Court in December 2023. This resulted in my client successfully contesting election this year. It was a very satisfying win, given the pressure situation and the amount of hard work that was put in by us.

The other very satisfying win was before NCLAT wherein we were challenging the NCLT order dismissing our petition seeking CIRP (Corporate Insolvency Resolution Process) against a very influential real estate company, on the ground that our debt is barred by limitation. In holding so NCLT had misinterpreted the definition of acknowledgement of debt and had also missed certain documents on the basis of which we were claiming extension of limitation. I argued the matter myself, the bench was initially not convinced, however, after two days of hearing accepted our arguments. This was a very satisfying win as initially the bench was totally against me and was not holding back in communicating the same to me ☺.

The most recent one was a anticipatory bail application which I argued before the Hon’ble Supreme Court, though it was a very regular matter, I was pleasantly surprised as Hon’ble Mr. Justice Hrishikesh Roy appreciated me for arguing the matter well in open court. It was a very special moment and a huge encouragement.

Starting your career in chamber practice before the Delhi High Court and Supreme Court must have been quite a journey. What valuable lessons did you learn during those formative years that still resonate with you today?

It was indeed a very enriching experience, because in a chamber practice being the only junior, I was expected to help my senior with literally everything, right from conferences with new client, coordinating with them and obtaining the documents, researching law points, drafting the petition, filing the petition, preparing for arguments, attending hearing (if you are lucky and your senior is busy in some other court, arguing the matter or at least starting the arguments till your senior reaches the courtroom ☺). And last but not the least raising invoices and making follow ups for like ever ☺. I was very lucky in my initial days, I got a chance to work with very good advocates who have now become Senior Advocate, Senior Partners at leading law firms of the country. I am still in touch with them and they keep helping me whenever I need them.

Whatever I have learned is virtually because of the time I had spent with my seniors and their constant encouragement. However, the most important thing which I have learned from my formative years is the importance of hard work and preparation. You will always be recognized for your hard work and preparation. Till date this habit helps me. Clients always have an eye on you as to how you are handling the matter. When they see your hard work and commitment, they remain with you even if the matter does not go according to your liking.

Thank You.
- LinkedIn
May 15, 2024
“As digital transformation takes the center stage, the generalist vs specialist debate is taking a definitive turn”- Rai S Mittal, Senior Partner, TITUS & CO., ADVOCATES
This Interview has been published by Pragya Chandni and The SuperLawyer Team

You’ve had an impressive journey in the legal field spanning over three decades, with experiences ranging from trial court practice to senior partnership at leading law firms. What initially drew you to pursue a career in law, and how did your early experiences shape your path?

To tell you what drove me, or what motivated me, to pursue a career in law can be an obvious answer but still it requires a bit of self-reflection. My passion for law and interest in becoming a lawyer came largely from it being intellectually challenging. I was perhaps also passionate about legally connected issues during my school and college days. My father being a lawyer and my interest in watching movies and reading crime fiction also contributed a bit in my desire to become a lawyer. Moreover, to be honest, with little understanding of science and lack of interest in accounting and management professions, I was left with just a few options and law was one of them.

I’m normally quite a private person, so my journey as a lawyer wasn’t quite easy. As a ‘baby’ lawyer, I worked across many different areas of law. I was fortunate enough to have some amazing experiences very early in my career on a variety of issues including family laws, labour laws, consumer laws, criminal laws, revenue laws and property matters. While the thrill of being in district courts of my small hometown and learning so much in one go was amazing, it just wasn’t the same as practising in a large city in a professional environment with matters having substantial stakes. I then moved to Delhi and have since then practised all kinds of business and corporate laws across different practice areas.

Your expertise encompasses various legal domains, from dispute resolution to intellectual property rights. Could you share a pivotal moment or case in your career that significantly influenced your approach to practicing law or shaped your specialization?

During the initial years of my law practice, I got an amazing opportunity to work on a complicated matter which required substantial skills in a variety of laws including intellectual property laws, trade and contractual issues, criminal laws, foreign collaboration laws, government policies and tax laws as well as skills in court litigation and arbitration. It is then I realised that complexity requires teamwork and collaboration. In order to manage client matters effectively and efficiently, lawyers have to utilize a more diverse group of skills and people. What is also clear is that teamwork and collaboration require heavy doses of trust and shared responsibility. Furthermore, working on this case and many other interesting assignments of different nature ensured that I enjoy offering a range of diverse skills and an intelligent mix of knowledge from a variety of disciplines.

As a seasoned business attorney, you’ve worked extensively with multinational corporations, navigating complex legal landscapes across different industries. Could you elaborate on a particularly challenging situation you encountered and how you successfully resolved it?

Another challenging work situation I encountered during the initial years of my career was when I was assigned a client project with tight deadlines and high expectations. There were several experienced legal teams working on the assignment for different parties from different jurisdictions including India, UAE, Japan and Mauritius. As someone lacking experience, I somewhat struggled with interactions and communication, which made collaborating with diverse teams a bit challenging. However, I soon recognised the importance of effective teamwork and found ways to navigate this situation. To overcome this difficulty, I proactively communicate my needs and concerns to the client and different teams. I asked for clear guidelines and expectations, ensuring that I had a clear understanding of my role and responsibilities. By focusing on my individual strengths, such as attention to detail and problem-solving abilities, I was able to make valuable contributions to the project. This experience taught me the importance of open communication, seeking support when needed, and the importance of meeting small deadlines to meet the primary deadline.

Your track record boasts a high success rate and a remarkable ability to manage legal affairs with a commercial mindset. How do you balance legal intricacies with strategic business objectives to deliver optimal outcomes for your clients?

We live in a world of strategic compliance – or as I like to call it, “Winning at Business Without Landing in Jail.” Gone are the days when legal compliance was seen merely as a back-office function. Today, it is recognized as a key player in shaping business strategies. This shift is partly driven by the increasing complexity of regulatory landscapes across different jurisdictions, especially for global businesses. The rise of technology, data privacy concerns, and the dynamic nature of international trade laws further complicate this scenario.

At its core, strategic compliance is about finding a balance. On one side, there are the business goals – growth, profitability, market expansion, and innovation. On the other, there are legal and regulatory requirements, which can often seem like barriers to these objectives. However, instead of seeing these groups as opposing forces, we should focus on integrating compliance into business strategy, thereby enhancing, not hindering, the pursuit of business.

In my view, compliance shouldn’t be seen as the party pooper showing up after the decisions are made; it’s part of the party-planning committee, and we need to ensure that the business goals don’t end up with a noise from the legal department. Ideally, in the world of strategic compliance, it’s all about making the law work for you, not against you.

Throughout your career, you’ve demonstrated exceptional leadership skills by managing teams of attorneys and fostering a collaborative environment. What strategies have you found most effective in leading legal teams, especially in high-stakes situations?

Becoming more effective in leading a team is certainly more of an art than a science. Often, it can also mean adapting to the team you have or the circumstances at hand. However, the key is to encourage collaboration across people, teams and departments. It is also important to set an organisation vision and communicate the big picture.

What will you say on Client Retention vs. Client Acquisition? Where do you think that most law firms go wrong on this?

A law firm’s past and existing clients are a huge asset to the firm, so it’s crucial to maintain a strong relationship with them so that they stay loyal and do not leave the firm. And yet most law firms, in particular small to midsize firms, spend most of their marketing budget on finding new clients instead of nurturing the ones they already have or had not too long ago. It is common knowledge that acquiring a new client can cost 5 to 10 times more than retaining an existing client. In my experience, increasing customer retention by 5% to 10% can increase profits from 25% to 100% in mid term. The success rate of selling your services to a client you already have is 50% or more, while the success rate of selling to a new client is just about 10% in most cases. There are some surveys which have found that loyal clients are 5x as likely to repurchase, 5x as likely to forgive, 4x as likely to refer, and 7x as likely to try your new offering, as compared to a new client/potential client.

What, in your experience, is necessary for a lawyer to stay relevant in the fast changing legal industry?

The legal industry is on the verge of a major transition and it has in fact already changed a lot in the last decade or so, which is driven by the introduction of technology. The legal industry is changing because of the introduction of new innovations related to the industry and hundreds of new legal start-ups emerging every year. Today, machine learning is beginning to transform the legal profession in many ways but in most cases it augments what humans do and frees them up to take higher-level tasks such as advising clients, negotiating deals and appearing in courts. In machine learning, computers use an algorithm, analyze data, learn the pattern and glean insights from the data, so a lot of routine or easy work can be taken care of without much involvement of a senior lawyer. Without a doubt, the ecosystem will continuously affect the way lawyers are working and will work in the future. If lawyers learn legal management practice with the latest technology, then only they will be able to survive in the future.

Another very important aspect is that the lawyers have to continuously update their knowledge in order to stay relevant. There was a time when lawyers could do well just by having knowledge of general laws of the land or by having understanding of traditional practice areas, like contract law, torts and civil and criminal procedures. That’s no longer the case in view of special laws and tribunals and specialised practice areas that are coming up very fast.

Also, I have a strong feeling that lawyers who don’t add value to the client relationship won’t survive in an ever-competitive environment; they will simply become irrelevant. One should therefore be very efficient in delivering the outcome. So get better at management of client assignments. Give commercially pragmatic advice, not just advice that’s legally correct. Keep in touch with the clients regularly with helpful tips and advice, even if you don’t get paid for this. Pass on the knowledge you are getting about their business or industry. Understand clients’ businesses and the industries in which they operate so you can tell them of pitfalls before they arrive.

A Generalist or a Specialist: What’s the Best Fit for A Lawyer’s Career?

Personally I have always been inclined to offer a range of diverse skills and an intelligent mix of knowledge from a variety of disciplines. Hence, I have been a generalist lawyer by choice throughout my career.

Generally speaking, handling diverse roles provides generalists a good understanding of all the functioning parts of the business or industry. Generalists multitask and collaborate to tap into related domains when opportunities arise. This hones their ability to handle unique situations and formulate enduring perspectives. However, there is a limitation in as much as generalists aren’t sometimes that competent in niche projects. Moreover, there is a higher chance of their early burnout as they work across multiple teams and tackle a host of responsibilities, especially if they are in leadership roles.

As digital transformation takes the center stage, the generalist vs specialist debate is taking a definitive turn. One should definitely ask oneself the following questions, amongst others, to gain a comprehensive understanding of one’s needs and goal: Do you like a diverse breadth of knowledge or do you prefer deep research on any specific topic? Do you change your career perspective often and prefer taking time to find the niche you are interested in? Or have you already determined your career trajectory? What kind of work ignites your interests and passions? Does it require you to hone different skills or demand specific subject-matter expertise?

What are the biggest challenges that the legal sector is facing or will be facing in the short to mid term?

From economic pressures to cyber threats, lawyers are facing a number of challenges. The economy remains volatile in 2024, marked by ongoing geopolitical tensions. This is making clients even more price conscious when choosing a law firm. There is also an expectation for greater cybersecurity and verifications for online activity as law firms are wary of increased risks of cyberattacks. Most law firms are however yet to implement effective cyber mitigation strategies. Further, even though integrating legal softwares and systems is not a new challenge, it’s increasingly becoming important as law firms strive for increased profitability while improving client service and experience. Talent attraction and retention in the legal sector will also continue to be a significant challenge in 2024.

Get in touch with Rai S Mittal-
- LinkedIn
May 14, 2024
“I have always wanted to be in a profession that is more society-centric and has good opportunities to meet people from different walks of life.” – Manish Gaurav, Founding Partner at Lexspectrum
This interview has been published by Namrata Singh and The SuperLawyer Team

Could you take us back to the beginning of your career journey? What inspired you to pursue law, and can you share any pivotal moments or experiences that shaped your decision to enter this field? Additionally, what were some of the challenges you faced when starting out, and how did you overcome them to establish yourself as a prominent figure in the legal profession?

I have always believed that God has bestowed grace upon me. Importantly, my parents have always encouraged me to make decisions and have provided enough freedom and information to make an important decision that has a long-term impact on my life.

I have always wanted to be in a profession that is more society-centric and has good opportunities to meet people from different walks of life. In this context, law as a profession was an obvious option for me. I consulted many of my friends/seniors and some reputed lawyers before taking this decision to pursue law. Their encouraging words (along with challenges in the profession that they mentioned) encouraged me to pursue my career in this field.

Since I am first generation lawyer, there were plenty of difficulties. I was very clueless in my initial days (after completing my law degree) about my next step and other related aspects. But, there is always someone to help me or guide me in such difficult situations. They were either friends/colleagues or strangers (as well). I am thankful to all of them.

Lexspectrum is known for its comprehensive legal services. What inspired you and your partner to establish this firm, and what sets it apart from others in the field?

I have always believed that there is enough space for new law firms in the sector that can be more focused (handholding approach) towards clients. Additionally, having experience of a certain number of years, acted as an asset for me in this endeavour.

Importantly, I sought feedback from various clients/friends to provide their suggestions regarding setting up a new law firm. In most the cases, I got very positive and encouraging suggestions/responses that helped me make such a decision.

Your bio mentions you’re recognized as a recommended lawyer for Corporate and Mergers & Acquisitions. What advice would you give to young lawyers aspiring to achieve similar recognition in their careers?

Well, such recognitions are always welcome. It gives a sense of satisfaction and improves confidence. In my opinion, consistency with quality work is key to success in the field. It is important for a young lawyer to be very consistent with quality work to achieve their professional goal.

In your opinion, what can the current generation do to carve out successful careers in law, especially in a field as dynamic as yours?

The current generation of lawyers should focus (in addition to basics) on the changes which is taking place in the field of law. For example, legal practice in the field of data/AI/the international context of multi-party disputes/PE/VC transactions was not so common a few years ago but now it is very much mainstream practice. Hence, it is imperative that a lawyer should pay adequate attention to the development/changes in the legal field wherein such lawyer is practising.

Additionally, quality of work and timely response to clients is imperative. I have noticed that these days clients are well informed about the existing legal provision(which affects them) and their expectation from the lawyer is not only to be better informed about applicable legal provisions but also to have good understanding of the case which such a lawyer is handling. Hence, a lawyer should be much more attentive to the case/assignment that they are being entrusted with.

Outside of your professional life, do you have any hobbies or interests that you’re passionate about? How do you balance your personal interests with your demanding career?

Typically, I do not get much time to pursue my hobbies which has changed with time. I love travelling with my family and friends and I try to do the same whenever it is possible. Being with family and friends is always a wonderful experience.

With the constantly evolving legal landscape, how do you stay updated with industry trends and changes, and how do you ensure your team at Lexspectrum remains ahead of the curve?

We, as a firm, have weekly sessions on the legal updates on the matter concerning the current assignments and generally related to the subject matter of practice area. Additionally, we encourage our team members to write articles/updates regularly to get a better understanding of the subject matter. We also encourage our team to participate in relevant conferences to be fully updated.

There is always an emphasis that we as Lexspectrum should be well aware of the subject matter which we are dealing with. There is also an emphasis on having a good understanding of the sector in which such client is engaged.

Being recognized as one of the highly recommended lawyers in Mergers & Acquisitions is a remarkable achievement. For students aspiring to excel in this field, what specific skills or knowledge areas would you recommend they focus on during their education and early career to position themselves for success in M&A transactions?

Typically, I have noticed that law schools have a higher degree of inclination towards litigation than corporate matters. Likewise, law students have better exposure to litigation matters. Hence, it is imperative that law students must participate in all relevant events /seminars (typically organised by Investment banking firms/law firms/CA firms) to get exposure to the subject matter.

Additionally, various blogs/research paper are being published by law firms that should be referred regularly. Having internships in law firms with maximum exposure to corporate matters will be very helpful.

Could you share with us the experience of the first time you stepped into a courtroom to argue a case? What was going through your mind, and how did it shape your approach to advocacy?

I consider myself lucky in this respect wherein my senior permitted me to argue a matter when I was just 4-5 months into the profession. My senior mentored/guided me well on the said case. However, it was a bit shaking moment for me till I started making submissions to the Hon’ble Court. Once, I started, it became relatively normal for me.

Courtrooms often witness intriguing moments and unexpected twists. Can you recall any particularly memorable anecdotes or moments from your time practicing law that stand out to you?

On several occasions wherein the Hon’ble judge and/or opposite counsel has agreed to deviate from the established norms keeping the larger interest of the litigants in mind and the same has served very well in the interest of justice. On one such occasion, a key witness has arrived here in India for a minimal time period. Such a witness was critical to the matter. On our request, the Hon’ble court and opposite counsel agreed to complete all procedural aspects concerning such witness on the same day which is not so common.

On several occasions, we are informed about certain documents/events on the day of the hearing which is critically important. Such events on many occasions require us to immediately make suitable changes in our strategy/submission. Due to confidentiality, I will not be able to delve into this any further.

Get in touch with Manish Gaurav-
- LinkedIn
May 14, 2024
“M&A transactions provide an opportunity to rearrange and/or review and revise the business strategy to make business more agile, strong, reachable, relevant, risk proof and robust”- Vikramsinh Yadav, Legal Head -Business Partner for Bayer Pharma
This Interview has been published by Pragya Chandni and The SuperLawyer Team

Can you walk us through your journey from being an Advocate at the High Court of Mumbai to your current role as Legal Head at Bayer? How did your previous experiences shape your path in the legal field?

In the year 1999 summer I came to Mumbai from my village in Sangli district in Maharashtra, after having not so good results in 12^th Science. I graduated in Science from Mumbai University in 2002 and became a law student. There I found my striving and secured a first class in LLB with scholarship in jurisprudence. During my law graduation, I was active in moot court and debate competitions and secured State Level Best Advocate award as well as special appreciation in National level moot court competition. Our team was felicitated at the hands of ex Chief Justice of India Shree Rajendra Babu. With dreamy eyes and strong desire to make my name in the legal fraternity, I joined the legal profession as an Advocate in Bombay High Court in August 2005. My journey began under the guidance of well-known Criminal Lawyer Late Shree Shyamkumar Marwadi and Senior Counsel Shree Ashok Mundargi. I got an opportunity to work in famous as well complicated criminal litigations including chinkara poaching case against Bollywood celebrities, Anticorruption case against well-known encounter specialist, MPSC scam etc. During this stint I also completed my LLM from Mumbai University with flying colours. Additional benefit from the LLM course was to secure hostel accommodation in University Hostels at Church gate.

Since my early practice days, I was conscious to be an independent lawyer and not to limit my growth as a small plant under the shadow of a big tree. So I resumed my independent practice as a criminal and civil lawyer in Bombay High Court. I got ample opportunities of conducting complex criminal trials including murder, cheating, rape as well as CBI prosecutions in the Sessions Court of Bombay & sub-urbs (Thane, Kalyan). I feel proud to say that all the trials were successful.

I was also acting as a senior law retainer with well-known real estate law firm Kishore Thakordas & Company, which provided me an opportunity to work on complex real estate litigations related to real estate development projects, property succession as well as land encroachment litigations.

In 2013-14, I felt an urge to join a law firm to know the legal business with big corporate houses, and I joined PDS & Associates (now Agrud Partners) as a Senior Associate. There I got access to big corporate clients with an opportunity to handle their cases including arbitrations and commercial contractual disputes as well as criminal litigations. In 2016, I got an opportunity to lead the litigation team of a highly reputed banking law firm SNG & Partners. In the same year Insolvency & Bankruptcy Code was notified. So I got engrossed in handling banking as well as insolvency litigations including the matters against Reliance Communications, ABG Shipyard etc. In the meantime, I also became an A-Panel Counsel for the Mumbai Municipal Corporation and Panvel Municipal Corporation in Bombay High Court as well as National Company Law Tribunal. During my illustrious journey in the Bombay High Court.

In my 13 years of journey as an Advocate I represented several reputed clients such as Hindustan Unilever Limited, Bunge India Private Limited, Monsanto Limited, Britannia Limited, Bank of America, Standard Chartered Bank, Barclays Bank, HSBC, HDFC, State Bank of India, Angel Broking Company, late Shree Irfan Khan, Essel Entertainment etc.

During all these years I developed a curiosity to know & understand the business of big corporate houses from inside. That made me grab an opportunity to join Siemens Ltd as a Senior Legal Counsel in 2018. It was the beginning of my journey as an in-house counsel. It was a huge legal team of around 30 colleagues. All the colleagues in Siemens including my mentors and seniors Brotin Das, Saugata Chakravarty & lastly Hanno Kunkel shaped me as an in-house counsel. They gave me ample scope to act on diverse matters independently including several high stake litigations as well as core issues related to compliance and corporate governance. Every year in Siemens, I was rewarded with performance awards and recognitions.

During the pandemic when the world was standing still, I received an opportunity to join Bayer Group as a Litigation Head and it was a shift from project-infra business to product centric business. In Bayer I worked on illustrious as well as voluminous litigations. In the last year I became a Legal Head Business Partner for Pharmaceutical, Consumer Health and Radiology Business.

As an in house counsel, my experiences during advocacy days were always handy and helpful in providing quick resolutions and facilitating effective decisions. Apart from functional expertise, the diverse experience as an Advocate helps to understand the root cause of the issue referred to and to suggest appropriate mitigating measures within a legally compliant framework. This makes business partnering authentic as well as agile.

With your extensive background in handling various types of litigation, could you share with us a particularly challenging legal case you’ve encountered in your career? How did you approach it, and what were the key strategies you employed to achieve a successful outcome?

There were several such challenging cases I have encountered in my journey as an Advocate and in-house counsel. However, to make it more relevant and recent I would cite a litigation related to Competition law. It was a case that began with a commercial dispute between an aggressive group of licensees who got access to the innovative technology of our Company. In India, as we know, the patent regime is access and benefit centric, having inclination towards the working of technology for the benefit of the people at affordable means. This leads to the clash amongst the generics and innovators. In the field of agriculture, especially GM seeds, it is more complex and highly regulated.

So these licensees challenged the innovator’s royalty and technology fees, and approached competition regulating authorities (the then MRTP and now CCI) alleging abuse of dominance, excessive pricing & discrimination referring to the contractual terms. Simultaneously, the commercial dispute went through arbitration where the Company succeeded against the licensees who then appealed against the award. Meanwhile, a challenge was posed against the patentability of technologically modified seeds, confusing the technology in seeds where seeds being carrier of it with seeds being part of a plant. Governmental authorities also joined the licenses in an antitrust complaint. My vigilant predecessors & colleagues did also challenge the jurisdiction of CCI in dealing with commercial contractual disputes over a patented product, since the Competition Act and the Patent Act are complete codes distinct and independent of each other. We worked as a team in the litigation and successfully contested not only the arbitration but also the jurisdictional challenge. Whilst commercial dispute as well as patent validity proceeding got amicably settled with the group of licensees, the CCI proceeding remained. Last year, Delhi High Court passed quite an interesting judgment ousting CCI’s jurisdiction in matters related to the Patents Act.

We, as a team, worked on this matter firstly to separate the commercial dispute from the clutches of the Competition law and successfully seal the settlement with the licensees. That minimised the aggrieved stakeholders involved in the dispute. As well as it reduced other connected proceedings such as arbitration as well as patent validity. Only proceeding then remaining was with the Competition Commission. Under the expert guidance of the eminent Senior Advocate, Dr. Singhvi, we concentrated on the jurisdictional challenge before Delhi High Court. And, in the last June we were pleasantly surprised with a favourable judgment of Delhi High Court ousting CCI’s jurisdiction over the matters governed under patent laws of India. Of course the judgment has now been challenged in the Hon’ble Supreme Court and is pending sub-judice. When there are complex issues with multiple laws, we need to find out the ways to minimize the complexity by separating and resolving the disputes having potential of being settled amicably. So that we can concentrate on highly complex core issues involving questions of law. That helps in focussing our efforts and resources.

Keeping internal stakeholders engaged and informed on several stages of the litigation is also utmost necessary in securing their support and trust. It boosts confidence and strengthens your efforts to successfully implement the strategy.

Transitioning from being a Litigation Head to a Legal Head Business Partner at Bayer signifies a shift from a more adversarial role to a collaborative one. What adjustments did you have to make in your approach when moving into this new position?

Certainly it is a significant shift. As a generic business partner one needs to have a broad as well as detailed picture in mind while formulating a strategy. As a litigation head more focus is on utilizing specialised skill to understand the dispute and mitigate it in a timely manner so that the ends will be favourable. Whereas being Legal Head Business Partner requires to have a generic perspective, which needs to be close to the business, management, compliance as well as other cross functional teams. More collaborative and strategic mindset is essential for effective business partnering. Fortunately, my senior colleagues in the legal team Nabeel Saleem and Devdas Baliga were always keen to involve me in several other challenging topics requiring a generalist mind-set apart from my litigation portfolio. That also is helping me in gelling well with this new responsibility.

As the Legal Head at Bayer, you’re tasked with managing corporate advisory functions and leading legal teams across different sectors. How do you ensure legal integrity and compliance while also fostering innovation and growth within the organization?

As a leading legal business partner for pharmaceuticals, consumer health & radiology business, one needs to be aware of changing legal framework whether pharma Codes, price regulations, incidental compliances, D&C Act and Rules, Clinical Trials and GMP related provisions. As a legal team, we collaboratively work on understanding these changes and identifying its impact and relevance for our business. Then we work on communicating these changes and updates along with simplified implementation strategies with our business and cross functional stakeholders. We do conduct several informative sessions within the legal team as well as business. Ours is democratic function which believes in sharing of ideas and trying to work innovatively. As a legal function, we keep mapping and reviewing our activities and many times empower colleagues in business also to take their decisions on their own. Digitalisation helps us in being agile and efficient in serving business. Our organization works with the mind-set of Dynamic Shared Ownership (DSO) with a key focus on core mission and measured goals with defined outcomes in 90 days cycle.

Given your involvement in M&A transactions, what are some key legal considerations that you believe are crucial for ensuring a smooth and successful merger or acquisition?

M&A transactions provide an opportunity to rearrange and/or review and revise the business strategy to make business more agile, strong, reachable, relevant, risk proof and robust. For smooth & successful merger or acquisition, clarity of purpose is at the core. With a holistic view we should be able to visualise the entire picture of the transaction. Accordingly, we have to map all the necessary activities from due diligence, necessary regulatory intimations and permissions, effect of FDI policies wherever relevant, effect on competition, Tax implications, corporate compliances, people integration etc. All the functions including tax, accounts, finance, communication, regulatory, quality, HR, SCM, marketing led by senior management and legal play a vital role in these transactions. `By nature, these are marathon transactions with long duration having internal, external and governmental stakeholders involved in it. Hence, planning in advance and securing consensus of all the stakeholders at every stage is essential. External as well as internal communication plays a big role in smooth implementation of M&A transactions.

Could you share some insights into how you navigate complex legal landscapes and deliver strategic dispute resolutions? What are some essential skills or approaches you rely on in these situations?

Most of the disputes have inherent potential of pre-litigation amicable resolution. However, it is essential to be in contact with business to identify early signs of any possible dispute. If there are such inputs, as a litigation strategist, we prepare scenario analysis along with mapping of relevant substantive as well as procedural legal provisions and accordingly we guide business with a strategy. Preliminary focus is always on preventing litigation and securing amicable resolution. Eye for details, understanding of business and implication of dispute on it, interpretation of legal provisions and close familiarity with the practical side of the dispute resolution process whether it is the knowledge of courts procedures and practices or connection with external counsels play a vital role in handling dispute resolution. In some disputes such as possible patent or trademark infringement or bank guarantee invocation, we should be agile and aggressive in taking urgent measures to stop possible damage. Whereas in contractual disputes steps to be taken without having any adverse effect on the business, especially in project business.

Throughout your career, you’ve worked with notable companies such as Siemens and now Bayer. What do you think sets apart effective legal counsel in the corporate world, particularly in industries like pharmaceuticals and consumer health?

As I mentioned earlier, understanding of business, becoming familiar with business language, expectations and needs, having connections with cross functional colleagues and access to the external peers in the industry including external counsels makes the legal Counsel effective in the corporate world. Effective communication at each level plays a key role. It requires conscious and consistent efforts. Needless to mention that these are essential qualities apart from the functional knowledge and expertise in respective core laws and legal aspects applicable to respective business.

Drawing from your own experiences and the challenges you’ve overcome, what advice would you offer to law graduates who aspire to pursue a career similar to yours?

I am still in the process of learning and achieving the ultimate expertise in this field, however, I would like to share that law graduates aspiring to pursue such a career should keep their focus on expanding their understanding of laws governing diverse aspects (including substantive and procedural). They should gain real time experience of courts whether original or appellate, civil corporate or criminal to know their own strivings. Accordingly, they can choose the field of their interest and keep sharpening and shaping it consistently. Ability to learn, unlearn and relearn and communicate the same and becoming able to implement it is crucial for any lawyer.

Get in touch with Vikramsinh Yadav-
- LinkedIn
May 13, 2024
“Hard work pays off… ‘Fall down seven times, Stand up eight.” – From Mumbai’s Legal Haven to Dubai’s Dispute Resolution Hub: Adhiraj Malhotra, Managing Director at Singularity Legal
This interview has been published by Namrata Singh and The SuperLawyer Team

Your journey from Government Law College, Mumbai to becoming a Managing Director at Singularity Legal in Dubai is quite impressive. Could you share some insights into how you started your career and the pivotal moments that shaped your trajectory?
- Since I am a first-generation lawyer, there was little to no guidance for me from anyone in my family into what the legal profession entailed and the various nuances one needs to understand to completely foresee a career as a lawyer. My years at Government Law College were remarkable inasmuch as while the curriculum was largely manageable, the extra-curricular activities that went on in college were immersive.
- I was fortunate to find considerable interest in Students for Promotion of International Law. This was my first pivotal moment where the idea of practicing international disputes was seeded in my mind. During college I was never counted in one of the sharpest minds in class. That title belonged to my college friends and some of whom I continue to remain in touch with even today. The next pivotal moment was the chance to do internships while studying. My college has a storied history, one which needs no introduction and has always pushed students to gain practical exposure.
- The chance to intern with one of the best law firms in the country during the last three years of law school not only gave me a sense of understanding of what differs between theoretical and practical know-how of the study of law but also the several intricacies which are involved in the practice. This allowed me to get a pre-placement offer from a leading boutique law firm, DMD Advocates and allowed me to gain experience from a stellar mentor in Ms. Fereshte D. Sethna. I am humbly grateful to her for teaching me the ropes and this is where I truly fell in love with international disputes.
- During my time at DMD Advocates and then at Bharucha & Partners, I not only have had the chance to work alongside the top legal eagles in India but have also been fortunate to work with magic circle firms and King’s Counsel(s) allowing me to gain exposure and enabling me to think from the standpoint of a client with projects and interests in different jurisdictions.
As someone who has worked with Fortune 500 companies and private equity firms, could you elaborate on the role of legal strategy and advisory in facilitating strategic acquisitions and setting up industrial projects?
- There are several lenses that one needs to wear if they are to advise any Fortune 500 company or private equity firm and that is because you are working with one of the sharpest minds in the profession and those who have specific expertise in the subject matter.
- My role as a legal advisor to these companies and firms was from the standpoint of a strategist in highlighting the various issues which are required to be looked at not only from a legal perspective but also from a securities and regulatory perspective. My experience in handling international disputes for similar clients helped me to understand their issues fairly quickly and deliver as per the client’s requirements.
- Almost all the companies which I have dealt with have been publicly traded entities either on the Indian stock exchange or other exchanges across the globe. There has been a high demand for data center setups in Maharashtra and has seen an increased interest from various international conglomerates. This poses its own challenges with different cultures and jurisdictions at play. Thus, it becomes extremely crucial to understand the pain points from a client perspective when it comes to entering into a transaction for setting up an industrial project.
- Another important requirement one needs to keep in mind is to ensure that the wider team working on due-diligence aspect and other issues are aligned and fine-tuned to the real-world issues being faced on the transaction. My role entailed leading the transaction from top to bottom and included overseeing the legal, operations, diligence and architectural teams to ensure the client’s targets are achieved.
You’ve recently cleared the UK Solicitor Qualification Examination. How do you think this additional qualification will enhance your practice, particularly in the context of international disputes? Additionally, could you share what motivated you to pursue this exam amidst your already demanding career? And any tips for the person who wants to give this exam.
- First and foremost, the UK Solicitors Qualification Exam is one of the toughest exams there are across fields and that in itself puts immense pressure. The rigorous curriculum not only enhances your thinking and capabilities but the hours one puts in crossing the line engrains the different threads of law in oneself.
- As an Indian lawyer working in Dubai, which is steadily becoming the global melting pot, it has tremendous advantages. There is a huge influx of investments from all across the globe. While the UAE judicial system is extremely robust, there is a high demand for a system which is closer to home. The DIFC Courts and ADGM Courts are common law dispute resolution centers, one which have put Dubai on the map for dispute resolution. As a Solicitor of England & Wales, the DIFC and ADGM Courts are home ground for me more so now than before.
- In terms of pursuing the SQE and the motivation, all I could say is that I had very early on in my career decided that I would not pursue a master’s degree considering I was predominantly a commercial disputes lawyer and found no reasons as to how a master’s degree could help me. I was obviously wrong. At this stage of my career, I felt that a dual qualification would benefit me more professionally than a master’s degree and I plunged straight into it. I took it as a challenge, and one which was very hard considering I had shifted jurisdictions as well. In the end, hard work pays off and nonetheless I have always believed in myself and stand by my motto “Fall down seven time Stand up eight”.
In your opinion, what are some emerging trends or challenges in the field of international arbitration and commercial disputes that legal professionals should be mindful of?
- At the outset, I would say that there are far too many to really count. But there are some important ones which I would like to highlight, specifically litigation finance and cross-border enforcement and recognition.
- Litigation finance is third party funding obtained by a company from a financier, to pay the litigation costs incurred during a dispute. A funder may also act as a general contractor to help strategies and manage the dispute and costs. This type of funding adjudges the value of legal claims even before they can be recovered before a Court or Tribunal. In this arrangement, the financier is entitled to an agreed share in the monetary settlement received by the company, and only if the litigation is favourable i.e. it is entirely non-recourse. While the Indian litigation financing industry is in a nascent stage, there is tremendous scope for this market in the country. There are now an association of major global players in litigation financing which have come together and formed the Indian Association of Litigation Finance.
- Cross-border enforcement and recognition is somewhat an underlying secret. Usually, a party would straight up go and enforce and award and order in a jurisdiction where they have secured relief. In reality, things are very difficult and tricky. Enforcement and execution have since ages been a pain point for a judgment creditor and one which takes the most amount of effort. In my experience, it is very important to ensure that the lawyers are alive to challenges such as dissipation of assets and incognito preferential sale(s) since almost always the assets of a judgment debtor are in a completely alien jurisdiction or a tax-haven entirely unbeknownst to the creditors. This way dissipation of assets is carried out under the rug and the judgment or award is rendered as a mere piece of papers.
- One advice I give all my clients is to invest in an investigative asset search exercise at the outset, and sometimes even prior to invocation just as a safety net to ensure that enforcement and execution is smooth. This has helped me in my career and luckily has served well for all my clients. I have been fortunate to have been part of teams where we have secured execution of judgment(s) and award(s) in as less as 3 months.
After years of practicing law in India, what motivated your decision to transition to Dubai and take on the role of Managing Director at Singularity Legal? Could you share some insights into the factors that influenced this move and how it has impacted your professional journey?
- This was more of a personal choice rather than a professional one. I was well established in India and practiced regularly before the Supreme Court, High Court(s) and Tribunals, when I took the chance of going in-house. The only other thing then which was left was to try working in a different jurisdiction altogether. While I have been fortunate to have worked on disputes ranging across Europe, United Kingdom, United States of America and South-East Asia, I had not permanently moved my base.
- With Singularity Legal it was an easy decision. Singularity Legal had been making great strides in the international disputes sector and I had been keenly looking at their growth. The chance to associate myself with an international disputes firm and grow the firm in a very interesting jurisdiction like the Middle East was an opportunity which comes to few lawyers and I grabbed it with both hands.
- Another factor which played an important role was my inclination to work across jurisdictions. Since I have done a fair bit of international arbitrations and investor-state disputes, this was a playground which was far too familiar albeit with its own set of challenges. The challenge to make my presence and name while at the same time growing the reputation of the firm in an entirely new jurisdiction was exciting and invigorating at the same time. Fair to say that the last one year has been an eventful journey and I am glad that I chose to make the decision rather than sit in a comfortable cocoon after having spent 10 years building my name in the legal profession in India.
Your work spans across diverse sectors such as energy, maritime, aviation, and taxation. How do you stay updated with the latest developments and regulations across these industries?
- It is an arduous task and one which every lawyer needs to embody in their schedule to ensure continuous growth and development. We are only as good as our knowledge. Lawyers like doctors never stop learning and studying. A few ways which I manage to keep abreast with developments across the various sectors in which I practice are:
- Continuous Learning: I dedicate a fixed amount of time to ongoing learning through seminars, workshops, conferences, and webinars specific to each industry. These events often feature industry experts who discuss emerging trends, regulatory changes, and best practices.
- Industry Publications and Journals: I also subscribe to industry-specific publications, journals, newsletters, and online platforms allows me to stay informed about the latest news, case law, regulatory updates, and market trends relevant to each sector.
- Professional Associations and Networks: I have actively participated in professional associations and industry-specific networks. These are exceptionally useful not only as a networking platform but also to hone skills and gather knowledge across various sectors.
- Research and Legal Update Tools: I constantly use various legal research portals to seif through updates in different industries as also jurisdictions considering I cover different territories. I cannot emphasize how important it is to go on these research portals irrespective of whether you need to research or not just to ensure that you read what the new cases are and what is the legal point which is being discussed.
- The last thing which I do is no industry secret but one which I have taken from the practice of several leading luminaries through the last 11 years. This is to maintain a record of all the different areas of law where I have read an interesting point of law. At the same time, I also maintain a sheet which has a list of all the individuals whom I have met. These are my holy grail(s) and I would swear by every lawyer making a similar one for themselves. It is the most efficient reference point for me in time where I am stuck.
As the Managing Director at Singularity Legal, could you provide insight into your role and responsibilities within the firm, and how you contribute to shaping its growth strategies and operational efficiency?

As the Managing Director at Singularity Legal, I lead the operations of the firm’s Middle East practice group and work in a dual role. As a key member of the firm, my role and responsibilities are multifaceted, encompassing various aspects of legal practice, strategic planning, and operational management. I advise clients in my capacity as a counsel and at the same time I am involved with the growth team to increase the firm’s reach in the Middle East.
- Operationally, it is imperative to ensure that time is chalked out for each activity especially considering the amount of networking activities that are going on across the Middle East. I actively engage in business development initiatives, including client prospecting, relationship building, and networking activities. By cultivating strong relationships with existing clients and identifying opportunities to expand our client base, I contribute to the firm’s revenue growth and market presence.
- I actively engage in training and mentorship initiatives to support the professional development of junior associates and staff members. By sharing my knowledge, experience, and best practices, I help cultivate a culture of continuous learning and excellence within the firm. I also collaborate closely with colleagues across different jurisdictions to leverage collective expertise, resources, and synergies. Singularity Legal is an international disputes firm with offices across India, UAE and Singapore and by fostering a collaborative and cohesive working environment, I contribute to the firm’s overall effectiveness and success.
In today’s digital age, technology plays a significant role in various industries. How do you envision the coming generation leveraging technology to achieve success in the legal profession, and what advice would you give to young aspiring lawyers on effectively utilizing technological advancements to enhance their growth and expertise?
- Embrace technology as a tool to enhance your legal practice rather than fearing it as a disruptor. Stay open-minded about exploring new technologies and learning how they can improve efficiency and effectiveness in your work. AI has made significant strides in each industry and it is only a matter of time that we lawyers are also subsumed with the AI bug. Already a lot of the international law firms have developed their own proprietary AI tools to assist in regular day-to-day functioning. Technology helps in upskilling an industry and one should only embrace it.
- Investing time and resources in acquiring technological skills relevant to the legal profession as also growing aware of the recent technological developments in the legal field. It would be very useful to attend training programs, workshops, and online courses to develop proficiency in legal tech tools and platforms.
- Stay informed about the latest developments in legal technology and be proactive in adapting to changes in the digital landscape. Follow industry publications, attend conferences, and engage with legal tech communities to stay updated on emerging trends and innovations. There is a huge Fintech boom and Legal tech is not far behind.
- Collaborate with colleagues and peers to share knowledge, experiences, and best practices related to technology in the legal profession. Networking with professionals in legal tech startups, innovation hubs, and accelerators can also provide valuable insights and opportunities for collaboration. However, it is most important to focus on client value and use technology to deliver greater benefit to the client by offering innovative solutions, enhancing efficiency, and improving the overall client experience. Keeping client needs and objectives at the forefront of your technological initiatives is what will allow a lawyer to absolutely shine.
Amidst your demanding professional commitments, it’s important to find time for relaxation and rejuvenation. Could you share with us what hobbies or activities you enjoy to unwind and recharge after a busy day in the legal realm?
- Absolutely, being a lawyer is a demanding and hi-octane profession and one which is extremely mentally saturating as well. I have always been very vocal about maintaining a good balance between professional and personal goals. One may be doing exceptionally well professionally but if they are struggling personally, it is not worth it.
- I am a sports enthusiast and have tried my hands at multiple sports. However, football and golf are my go-to sporting activities to unwind. I have also recently found long-distance cycling to be a calming force which allows me to unwind amidst a busy and hectic day or week. Apart from these, I enjoy running and will be training to run the marathon this year.
Get in touch with Adhiraj Malhotra-
- LinkedIn
May 13, 2024
“When we speak of white-collar crime and criminal law, I firmly believe that everyone deserves a chance to be represented vigorously and fairly”- Vaibhavi Sharma, Associate Partner, Prosoll Law
This Interview has been published by Pragya Chandni and The SuperLawyer Team

Can you share what inspired you to pursue a career in law, particularly focusing on criminal law and white-collar crime?

I would be honest to confess that law was not my first choice. Initially, I did not aspire to become a lawyer, considering the inherent expectations that come with being a second-generation lawyer. For all the years I was growing up, I had observed my Father from close quarters, putting his soul into the profession and it seemed overwhelming at that time. I also deeply admired all my teachers in school and realized the power of academics in shaping an individual’s life. Therefore, I was inclined towards being an educator and I started pursuing Bachelors in Commerce from Daulat Ram College, University of Delhi, thinking that would be my path. The course got me deeper insights into the ecosystem of commerce, and some of the subjects including contracts, commercial law, and taxation piqued my interest. With this new-found interest, law as a subject started pulling me towards it and after a discussion at home, I finally took the plunge to pursue law. You can say it was a ‘what you seek is also seeking you’ moment for me!

During my tenure in law school, I developed a profound affinity for criminal law, a passion that led me to delve deeper into its various facets. The background in commerce had anyway sharpened my faculties in the field of economics and financial matters, which finally led to my focus gravitating towards white-collar crime. This was also the field where I could get the best mentor in my father who is renowned for his impeccable body of work in this area. I couldn’t have asked for more. So here I am, not where I thought I would be, but definitely where I am meant to be. Turns out, the unexpected detour into law was exactly what I needed.

With such a diverse range of clients, including high-ranking officials and business ventures, could you elaborate on how you navigate the complexities of representing such varied interests in the legal realm?

Building and maintaining trust across such a broad spectrum of clients requires more than just legal expertise; it demands a holistic understanding of their background, career trajectory, growth challenges, aspirations, and most importantly the circumstances in which they approach you. The law and its applicability will remain the same, what is differentiating factor in any particular case is the legal strategy, the court craft and the merit in your advocacy when you’re representing a client in the court of law. For me, each client mandate deserves its due attention because while we may be dealing with many clients, for clients we are the only one they have chosen over other service providers. Empathy, prioritization of clients’ needs and giving them an experience that addresses their concerns are the other important aspects that go beyond legal acumen. Effective communication and ethical integrity are other two areas where I would never compromise. All my clients are personally informed by me even for the smallest of updates. This is my way of showing them my respect and that they are not one more ‘case’ in our file. Ethical integrity comes from the moral compass that guides my decisions and actions.

Your experience spans various aspects of litigation, from arguing cases to drafting legal documents. Could you highlight a particularly challenging case you’ve worked on and the strategies you employed to achieve a favourable outcome?

I strongly believe that each and every case has its own unique challenges and nuances. However, in a significant case I handled alongside my team at Prosoll Law, a major challenge revolved around an alleged incriminating telephonic conversation crucial to the prosecution’s case. Recognizing the pivotal role of this evidence, we strategically devised a unique approach.

We formulated a legal strategy focused on elevating crucial issues of law, particularly centered on the contested telephonic exchange. Anticipating the importance of the original call details, we proactively filed Criminal Miscellaneous Petitions before the High Court of Delhi after our initial application was rejected by the Trial Court.

This helped us in identifying and capitalising on key opportunities. By framing the legal discourse around the need for the original call details, we not only highlighted the criticality of this evidence but also emphasised its potential impact on the case’s outcome.

This matter always serves as a reminder to me of the importance of employing innovative and effective strategies to overcome challenges in crucial times.

You’ve been recognized by several esteemed legal publications and platforms for your work in white-collar crime and criminal law. What do you believe sets your approach apart in this field?

When we speak of white-collar crime and criminal law, I firmly believe that everyone deserves a chance to be represented vigorously and fairly. I approach each case with a deep-understanding of the facts of the case along with the fundamental principle in it. By doing so, I can effectively navigate the substantive as well as procedural aspects, while ensuring that my client’s interests are safeguarded. Our distinction lies in our consistent client base. As lawyers, our commitment is rooted in strong legal knowledge, staying updated with precedents, and honing courtroom skills. When our reputation spreads through word of mouth, our consistent clients truly set us apart.

As an Associate Partner at Prosoll Law, you appear in matters before various judicial and quasi-judicial forums. Can you shed light on the differences in strategy when presenting cases before different courts or tribunals?

Ultimately, successful litigation demands a dynamic and adaptable approach. When appearing before an appellate, a more formal and precedent-focused approach is often effective. In contrast, when appearing before quasi-judicial forums or specialized courts, a more technical and specialized strategy is required. These forums often deal with specific areas of law, such as tax, environmental, or administrative law, and demand an in-depth understanding of the subject matter. Curating arguments that align with the technicalities of the court’s jurisdiction and expertise can significantly enhance the case’s prospects.

Given your involvement in high-profile cases, such as representing a former Chief Minister, could you discuss the unique challenges and responsibilities that come with representing public figures in legal matters?

Representing public figures in legal matters, especially in high-profile cases, presents a unique set of challenges and responsibilities. While dealing with such cases, one has to maintain a fine balance between legal intricacies and public perception, like in the case you have mentioned about.

One of the foremost challenges lies in mitigating reputational risks for our clients. Public figures often face intense scrutiny and media attention, which can potentially impact the free and fair investigation and may also adversely impact their public image. My philosophy has always been to primarily prioritize shielding our clients from sensationalism while concurrently formulating a robust defence strategy. This dual focus ensures that the legal proceedings remain the focal point, safeguarding our clients’ reputations from undue damage and media trial.

In such cases, upholding fairness and justice becomes paramount. I recognize the importance of ensuring that our clients receive a fair trial and are not unduly influenced by external factors, be it media or public discourse.

You’ve co-authored articles on topics such as telephonic surveillance and the Prevention of Corruption Act. How do you balance your legal practice with scholarly pursuits, and how do these academic contributions inform your work?

Balancing my legal practice with scholarly pursuits is a deliberate and symbiotic process. This dual commitment is not a mere juggling act; rather, it is a synergy that enhances both facets of my professional life. Writing and research are fundamental to a lawyer’s life. They not only sharpen the analytical bent of mind, but also help one in keeping their finger on the pulse of what’s happening. In legal practice, staying ahead requires more than courtroom acumen—it demands a continuous pursuit of knowledge. Writing articles allows me to delve deep into legal research and the evolution of law and its application that takes shape every day in our courts. This ensures that my understanding of the law and evolving jurisprudence remains not only current but also finely nuanced. Similarly, the daily rigours of my legal practice make my writing relevant, real and transfused with experience. Real-world experiences provide insights that add a practical point of view to theoretical frameworks. This infusion of my academic contributions with tangible and practical relevance adds weight to my writing.

Finally, what advice would you offer to law students or recent graduates who are embarking on their legal careers, particularly those interested in criminal law and litigation?

In the realm of legal careers, particularly for those venturing into criminal law and litigation, my foremost advice would be to understand that – there are no shortcuts. Perseverance coupled with merit is the key. The second important aspect is to break the barriers, myths and stereotypes like ‘criminal law is not for women’, As I reflect on my own journey, resilience and grit became my compass as I chose the less trodden path of criminal law. To aspiring students, I emphasize the importance of listening to their true calling. Only when you make your field your primary interest, will you be able to focus on the path to mastery.. With the end-goal in mind, every action becomes a calculated step towards success.

Get in touch with Vaibhavi Sharma-
- LinkedIn
May 9, 2024