Reflecting on your journey, could you share with us how you embarked on your career in law and what inspired you to pursue this profession? Additionally, what significant milestones or experiences along the way have shaped your trajectory and approach to the practice of law?
In my childhood, I just went with the flow and as was the trend in the early 2000’s, I took up science in my 10+2. Having seen my elder siblings venture into Engineering studies, and having myself studied science in 10+2, I was clear that I was not cut out for that kind of studies and work. I was greatly influenced by the words of my father to look at law as an option. My father had obtained a law degree, but never practised. He went on to become a Civil Servant. He shared a lot of his experiences in his work, which was inevitably interspersed with the legal system.
Once I began my legal studies, there was no looking back. I took on legal studies like a duck to water. I must say I was at peace with myself and really enjoyed reading legal literature. During my college days, I took up internships largely with a view to understand which area of law to practise in. I did internships with law firms as well as chamber lawyers and was very keen to understand how a lawyer’s life would be. In every place I have interned, I would pick the brains of the seniors in that firm from every vertical of the practise, to understand how actually their work was. The guidance from the Partner in the last law firm I interned, whom I eventually regard as my mentor in the profession, enabled me to firm up my mind to be a litigator. I eventually joined that firm’s litigation practice.
As is the case with most litigators, the initiation was extremely rough with quite a few bitter experiences and novice mistakes in Court. Fortunately, my senior colleagues were very supportive and encouraged me. I always felt that I had more to offer than was being asked of me by my firm. I was quite restless and impatient to make a mark. 10 months into the practice, I got my first big opportunity. Due to various factors, I was the only person from the litigation team that was available in office, when a case in which we were on caveat, for a premier client of the firm, came up and we were required to appear. I grabbed the opportunity, channelised my restlessness and desperation well, and ensured that the Partner would have no reason to put any other person onto that matter. There onwards, I was looked upon as a reliable hand in litigation matters and my confidence grew day by day.
After moving on from established law firms, you started your own firm and later moved on and partnered with other lawyers. Can you reflect on this journey of yours?
I was with two law firms in a period of five years after starting off. There afterwards, along with three other lawyers we started our own law firm in 2015. It was a leap of faith. An exciting phase of establishing a practice. Each of us knew that we had the potential to build a practice. The first few months were spent in establishing connections and meeting a lot of people. Most of the connections initially made, continue to result in referrals and work. It is crucial to meet people and network with them. Sincere and truthful efforts will always yield good positive results. Proud that some of the referrals that come about now are multi-tier referrals, which means that the word of mouth has travelled far and wide. Presently I have joined hands and partnered with a bunch of lawyers, who were all peers in my first law firm. We all have been through the growth curve and survived the rigors of the profession and now have similar career trajectories.
Given your diverse expertise, particularly in construction and commercial arbitration disputes, what common misconceptions do clients often have about this area of law, and how do you address them?
In most construction disputes the construction company would inevitably want to make claims for damages. While the construction company feels shortchanged with the manner in which the owner of the project would have treated it, I find that claims are made for the sake of making it, with hope that at least a part of the claims come through. Same is the case in some commercial matters. I think it is extremely important to think through the claims and build a robust foundation for the claims which are in the nature of damages. It is critical to evaluate evidentiary value of what a client believes to be ‘evidence’. We should not encourage a client to just dump their files and expect the lawyers to churn out magic. It is important to educate a client about law and on how things will actually pan out before a Court/Tribunal. I believe that keeping the client fully in sync with the legal process and proceedings helps to bring the best out of the client as well as the lawyer. I have often found that a hands-on client is able to provide quality inputs and results in better output from the litigation.
In your extensive experience, what would you consider the most effective strategy for resolving disputes outside the courtroom? Could you share an example where alternative dispute resolution methods yielded exceptional results?
An out of court settlement is achieved through negotiations and eventually mediation. I find that a large number of disputes are a result of frail egos or personal grudge. There are also the opportunistic litigations. In any event, it is imperative to understand every aspect of the dispute and all things that resulted in the creation of the dispute. If one is able to delve into the core of a dispute and unearth its origin, everything including that which is not stated on paper, one can actually do a good counselling job on the client to see how to proceed with the dispute. It is also important to set the expectations right and let a client know the best case and worst-case scenarios by explaining the law.
Such out of court settlement also depends largely on the psyche of the client. A recent case was where a client wanted a larger payout from a defaulting tenant. In the very first meeting the client said that they were willing to go up to the Hon’ble Supreme Court. I spent quite some time understanding the client and also on why the client was so passionate about fighting the tenant. As the client felt comfortable with me, they opened up and explained the entire history and the backstory. Upon several rounds of counselling, the matter was eventually resolved with the issuance of a lawyer’s notice. There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.
As a first-generation lawyer, what advice would you give to aspiring legal professionals who are just starting their careers, especially those aiming to make a mark in the competitive legal landscape?
While I agree that having someone who has been there and already done that helps, especially in the litigation vertical, it is not impossible to carve out a space for oneself being a first-generation lawyer. The challenges start from finding the right office to start off with; to getting the right leads for building a practice. One needs to be proactive and extremely alert to the opportunities and possibilities. I was fortunate that I found a great mentor to start my practice. Once you commence, it is important to be relevant and display the eagerness and hunger to learn. Resilience and adaptability are crucial traits to forge ahead. One needs to keep evolving with the times and stay abreast with new developments. At the beginning of a litigation career be ready to do all kinds of work and work in all jurisdictions. It helps you in the long run, especially when you venture out on your own. A lot of my learning has happened through witnessing other lawyers in action. While it is good to catch up with a friend in the corridors, it is extremely important that one does not waste the time while waiting for their turn in the Court. Inspirations are aplenty in Courtrooms and one must not miss such opportunities.
With your experience appearing before different High Courts and tribunals across the country, what key differences have you observed in legal proceedings and judicial interpretations, and how do you adapt your strategies accordingly?
Every tribunal or forum has its own characteristics in terms of the process or presiding officers or the legal practitioners appearing therein. It is crucial to understand and respect the local practices and adapt quickly. Lawyers from Delhi are very assertive and persuasive, they go about their brief with extreme focus, while lawyers from Mumbai are highly efficient and meticulous. I find that lawyers from these two jurisdictions are thoroughly prepared and come with the go getter mentality. These days, with virtual appearances possible, it is indeed a great experience to appear in different jurisdictions. Each appearance in a different forum enriches one’s exposure immensely.
Continuous learning is essential for professional growth. How do you prioritize ongoing legal education and skill development within your firm, and what resources or platforms do you find most valuable for staying updated with legal developments and best practices?
These days information is available in plenty and in various modes. The judicial precedents laid down by courts is the most important legal education for practising professionals. New legislation and amendments in our area of practice is something which we keenly keep an eye out for. Various portals reporting the Court rulings and publishing articles on various legal aspects, become the first point of reading about the developments. One tends to get busy with the cases on hand and at times stop reading other than for a case on hand. Therefore, it is a goal to publish articles and analyse new developments and roll out newsletters. That way not only are we keeping ourselves updated, but also enlightening clients on new developments. Needless to mention that for a litigator, the Courtroom remains the ultimate place to learn best practices.
With the demands of a challenging legal career, maintaining a healthy work-life balance is crucial. Could you share some of your favourite ways to unwind and recharge outside of work, and how do these activities contribute to your overall well-being and effectiveness as a legal professional?
It is important to give attention to oneself, family and the work. While in the initial stages of a career it is inevitable that work takes precedence over anything else, one should not completely kill any other passion for the sake of work. The earlier that one is able to obtain a work life balance, the quality of life would be better. Drawing up boundaries on each aspect of life and respecting those boundaries would help immensely. I am passionate about fitness and nutrition and end up doing quite a few activities on that front. While in pursuit of such endeavours, I meet people from different backgrounds and that too enriches my personality. Lately I have taken a liking to learn to play a musical instrument. It is a good way to unwind and quite relaxing. The cliched statement that if one makes it a priority, they will find the time to do it is very true.
Can you walk us through your journey from being an in-house counsel and company secretary to becoming a business leader and now a practicing lawyer specializing in energy and infrastructure?
Yes, it has been an exciting journey so far. I started as company secretary and became in-house counsel and later on appointed as Head Legal in Fortum India. I had to set up legal, compliance and secretarial practice for businesses ranging from solar & wind projects, acquisition cases for hydro power, waste to energy and laying out EV charging infrastructure. It was a big shift from my earlier role in Schneider Electric and previous organisations. Fortum was a leadership position and businesses were new sun rising sectors in India, like solar and wind, EV, and biorefinery. Regulations are still evolving, hence, I have to push myself beyond legal knowledge, to acquire business and market understanding, which can help me in providing seamless legal support for business growth. I got opportunities for working on land acquisitions, regulatory approvals, funding of projects, selling of assets and a lot of drafting and contracting. All of this developed my understanding of capturing business true intentions into a legal paper and maybe, I started feeling more comfortable with business leadership.
After 6 years of leading legal function, got the responsibility as Country Director & Business Head for leading Biorefinery business (or Bio2X as Fortum calls it). It was a completely different role and I have to broaden my thinking. From finding flaws and identifying risks in business proposals, I have to find solutions, resolve issues and manage a big Joint Venture. Completely different work, but I believe my capability of learning fast, with legal knowledge, sector expertise and understanding of board practices helps me.
When last year, I joined AKS, as Partner-corporate, energy and projects, I believed that I am perfectly placed to advise my clients with the highest level of legal services and work with required domain expertise of energy sector as well as of projects. I understand the perspective of the in-house team, their business requirements and how to address matters in the energy sector.
Your career has seen you working with esteemed organizations like Schneider Electric, Hero Group, and Fortum India. How have these experiences influenced your approach to legal practice?
I started my career with a couple of Indian promoters driven by mid-size companies and from the last 15 years worked for MNCs like Schneider Electric and Fortum. In mid-size companies, you have opportunities for growing beyond your key responsibility areas, as all the functions are not hard lined. If you have desire, you may take up tasks beyond your key role and that will prove vital for my growth.
While working in MNCs you learn the importance of good corporate governance and putting statutory compliances in place. Working with different jurisdiction lawyers helps you sharpen your skills, and gives you a different perspective of thinking about the same issue. Also, I understood how “LESS IS MORE”. How I can plan and strategize my work to become more effective. Like, a legal document need not be lengthy, but sufficient enough to capture business understanding and required legal provisions.
Your expertise spans a wide range of areas within the energy sector, including renewable energy, EV charging infrastructure, and biofuels. What drew you to specialize in these specific niches?
Frankly speaking, when I was joining Schneider in 2009, I was going for a big MNC job, without much understanding of a sector specialisation etc. But, as it happened, a lot of contracts, transactions and legal work came through the energy and infra sector, which started developing my interest in this industry. Big opportunity came for me, in the form of a Fortum leadership position in legal, a decade ago. Fortum came to India, with the ambition of replicating their European businesses of Hydro, Nuclear, Waste to Energy etc. As a Legal Head, I had to gather all the possible knowledge and expertise of the sectors my organization was working. This leads to learning and research into specialised fields like EV charging infra, solar & wind, nuclear etc. For a sector, which is developing, you need to be very close to business and keep yourself updated with the latest happenings in the sector.
Could you share some insights into the process of establishing groundbreaking joint ventures like the one between Fortum & Chempolis and Numaligarh Refinery Limited for the 2G Ethanol Bio Refinery in Assam?
This one is special, real hard work, not only from legal, but for developing a business case to create a Joint Venture for setting up the first of its kind bio refinery in the world. JV was bringing new technology in India, which was developed in Finland by a company called Chempolis. I was tasked to work on Joint Venture from a legal perspective, and got so involved that I was entrusted with responsibility of leading Joint Venture as Director and key member in high powered committees.
Beautiful learning experiences, working between Indian and European Jurisdiction for technology transfer, IPR protection, funding and governance. With the opportunity of developing relationships with industry leaders, learning the whole business ecosystem. Understanding significance of proper documentation, drafting of contracts, resolving disputes along with true understanding of risk identification and mitigation from ground and not only on papers.
With your extensive experience in setting up solar projects across multiple states in India, what are some of the key challenges you’ve faced in navigating the regulatory landscape and securing investments for such projects?
The biggest challenge in solar projects across India is acquisition of land, connectivity and uncertainty of regulatory framework. With resolving these three important factors, India will achieve ambitious targets of renewable energy. In one of the projects, between the stage of LOI to signing of PPA, Govt. levied safeguard duty on import of solar panels. Of course, it was covered under Change in Law, but sudden policy changes create hurdles for investments and pose challenges from a legal perspective.
As someone deeply involved in the energy industry, how do you see the role of startups and new technology collaborations shaping the future of energy production and distribution?
It’s like selecting a cricket team. You need a mix of experience and youth to win a championship. If we are looking to solve the biggest challenge of global warming, while keeping the economic pace of India, we require a lot of new technologies and Startups that bring us close to a circular economy. We need new technology in developing green hydrogen, producing batteries with material available in India, utilising biowaste, etc. Without embracing new technologies, we will miss our targets. I personally believe, new technologies with small companies in Europe and other innovative jurisdictions, have great possibility of commercial success with Indian PSUs & Corporate houses. Likewise, India is also becoming a Startups hub and a lot of promising developments are happening.
In fact, we at AKS Partners, have a key focus for startups, either Indian or International for providing them, specially designed legal services and in some cases, maybe beyond legal, like connecting right industry players, some funding opportunities with our connection in the sector.
You’ve been actively involved in various industry forums and committees, including serving as a member of the Confederation of Indian Industry (CII) National Committee on Bioenergy. How has your participation in these groups enriched your understanding of the sector?
Absolutely, it has been a pleasure and privilege to be part of these committees and various similar forums, wherein, I got a chance to put my ideas and perspective and educate myself with experiences shared by other leaders. These platforms, like CII National Committee on bioenergy are good forums to deliberate and exchange ideas and make recommendations to the Government for sector growth. In fact, these things prepare you, what is the upcoming trend in the sector.
Lastly, drawing from your journey and expertise, what advice would you give to fresh graduates aspiring to build a career in law, particularly in specialized fields like energy and infrastructure?
First of all, the Indian economy is growing at an unprecedented pace, along with the aspiration of its people and living standards are rising. We are consuming more energy for home appliances, vehicles, data centres, houses, malls, etc. Therefore, the energy sector is going to rise in India. Solar, wind, green hydrogen, electric vehicles will take centre stage, but traditional sources will continue playing their part like Coal, Oil & Gas, etc.
To become a specialist in the energy sector, we need to understand the industry in detail. Energy sector is a highly regulated and capital-intensive business. For our clients, or for our organisations, if we are in-house counsel, we need to keep in mind that we are just a notification away from becoming a viable project to unviable business. Therefore, best practices, challenges of the sector, contentious areas and keeping a pace with regulatory development is a must for the energy sector.
You pursued your Bachelor of Legal Science and LL.B from Government Law College, Mumbai. Can you walk us through the pivotal moment or experience that led you to choose law as your career path? What inspired you to take up law, and how has that decision shaped your professional journey?
My decision to pursue law was greatly influenced by my father, who is also a lawyer. Following in his footsteps, I decided to study law, which led me to explore opportunities beyond my hometown of Gangtok. With a strong desire to receive a high-quality legal education, I set my sights on the prestigious Government Law College (GLC), Mumbai.
GLC, with its rich heritage and esteemed alumni including Dr. B. R. Ambedkar, Lokmanya Tilak, and Justice M. C. Chagla, among others, stood out as a beacon of legal excellence and securing a seat in the five years B.LS., LLB. degree Course at GLC was a significant challenge, considering the limited availability of seats and the college’s reputation as one of the oldest and reputed law colleges in Asia. For me, being accepted into GLC was a life-changing moment and marked the beginning of an exciting journey into the field of law. As a small-town boy, the opportunity to study at GLC opened doors to a world of knowledge, mentorship, and invaluable experiences that have immensely shaped my career and aspirations in law.
As I progressed through my education, I was fortunate to have opportunities to delve deeper into legal studies and gain practical experience through internships and moot court competitions. These experiences solidified my passion for the subject of law and reinforced my desire to pursue it as a career.
Since making the decision to pursue law, my professional journey has been both challenging and rewarding. It has involved continuous learning and growth. Each step along the way has further shaped my understanding of the law and deepened my commitment to serving organizations through the field of law.
While my journey in the legal profession is still unfolding, I am grateful for the opportunities I have had thus far and excited about the possibilities that lie ahead. I look forward to contributing to the legal profession and making a meaningful impact in the lives of others.
Your journey through various prestigious organizations like JP Morgan Chase, Thomson Reuters, and GroupM showcases a diverse career path. What inspired you to pursue such a varied professional trajectory?
Thank you for noticing the diversity in my professional trajectory. My journey through organizations like JP Morgan Chase, Thomson Reuters, and GroupM and others, has indeed been varied, and each experience has contributed to my growth and development in unique ways.
What inspired me to pursue such a varied career path is a combination of factors, including a thirst for learning, a desire for new challenges, and a curiosity about different industries and sectors. I have always been someone who thrives on variety and enjoys exploring different facets of my interests and skill sets.
Working in organizations across finance, media, IT, real estate, etc., has helped me develop a versatile skill set that I can apply across different domains, from financial analysis and strategic planning to data analytics and marketing.
Moreover, each role I have taken on, has presented its own set of opportunities for personal and professional growth. Whether it is navigating the fast-paced environment of a financial institution, staying ahead of industry trends in media and advertising, or leveraging data and technology to drive business outcomes, I have embraced each challenge as a chance to expand my knowledge and expertise.
Ultimately, I believe that a varied career path not only keeps things interesting but also allows for greater adaptability and resilience in an ever-changing professional landscape. By seeking out diverse experiences and continuously pushing myself out of my comfort zone, I am able to stay agile and open to new opportunities that come my way.
While my journey may seem unconventional to some, I see it as a reflection of my willingness to explore, grow, and evolve as a professional. I’m excited about the possibilities that lie ahead and look forward to continuing to learn, innovate, and make a positive impact wherever my career takes me.”
As someone who has worked extensively across different sectors including Real Estate & Construction, Media & Entertainment, Information & Technology, and Labour & Employment, how do you navigate the complexities of each industry’s legal landscape?
Navigating the complexities of legal landscapes across diverse industries such as Real Estate & Construction, Media & Entertainment, Information & Technology, etc., has been both challenging and rewarding. Each sector presents its own unique set of legal considerations, regulations, and challenges, requiring a nuanced approach to ensure compliance and mitigate risks effectively.
In my experience, the key to navigating these complexities lies in a combination of thorough research, ongoing education, collaboration with industry experts, and a proactive approach to staying informed about emerging trends and regulatory changes.
First and foremost, understanding the specific legal frameworks and regulations governing each industry is essential. This involves conducting comprehensive research and analysis to familiarize oneself with industry-specific laws, standards, and best practices.
Additionally, staying abreast of legal developments through continuous learning and professional development is crucial. Whether it is attending industry conferences, participating in relevant workshops, or engaging in ongoing legal education courses, staying informed about the latest trends and changes in the legal landscape is essential for effective navigation.
Collaboration with industry experts, including legal counsels specialized in each respective sector, can also provide valuable insights and guidance. By leveraging their expertise and staying connected to industry networks, one can gain a deeper understanding of industry-specific challenges and opportunities.
Furthermore, as an in-house counsel, maintaining open communication and collaboration with internal stakeholders across different departments or business units is essential. By fostering cross-functional collaboration, legal professionals can gain valuable insights into the unique needs and priorities of each sector within the organization, enabling them to tailor their legal strategies accordingly.
Ultimately, successful navigation of the legal landscape across diverse industries requires adaptability, agility, and a proactive approach to addressing legal challenges and opportunities as they arise. By staying informed, collaborating with industry experts, and maintaining open communication with stakeholders, legal professionals can effectively navigate the complexities of each industry’s legal landscape and contribute to the overall success of the organization.
With your background in Financial Advisory Services at JP Morgan Chase, how do you think the financial industry has evolved in terms of legal compliance and risk management since you started your career?
There has been significant evolution in terms of legal compliance and risk management within the financial industry over the years. Since the beginning of my career, there have been notable shifts driven by regulatory reforms, technological advancements, and changes in market dynamics.
One of the most significant changes in the financial industry has been the tightening of regulatory frameworks following the global financial crisis of 2008. Regulators worldwide have implemented stricter rules and regulations aimed at enhancing transparency, stability, and consumer protection. This has necessitated a greater focus on legal compliance and risk management within financial institutions.
In response to these regulatory reforms, financial institutions have invested heavily in compliance infrastructure and risk management systems. There has been a growing emphasis on implementing robust compliance programs, conducting thorough risk assessments, and establishing effective internal controls to mitigate legal and regulatory risks.
During my stint with Thomson Reuters Pangea3, I was a crucial member of the Corporate Governance, Risk Management & Compliance team, where I played a key role in successfully spearheading several pilot projects related to legal compliance & risk management for many prominent financial institutions such as Barclays, Credit Suisse, Deutsche Bank, etc., which are now considered as benchmarks in the industry. For this contribution I was fortunate to be bestowed with the Leadership Award, 2012 by Thomson Reuters.
Furthermore, advancements in technology have played a pivotal role in transforming how legal compliance and risk management are approached within the financial industry. The adoption of innovative technologies such as artificial intelligence, machine learning, and data analytics has enabled financial institutions to enhance their risk identification and monitoring capabilities. These technologies enable more proactive and data-driven approaches to compliance and risk management, allowing institutions to identify potential issues more efficiently and effectively.
Additionally, there has been a greater recognition of the interconnectedness of legal, compliance, and risk functions within financial institutions. Collaboration between these functions has become increasingly important to ensure a holistic approach to managing risks and complying with regulatory requirements. Cross-functional teams work together to assess risks, develop compliance strategies, and implement controls that align with both legal and business objectives.
As the Head of Legal at Sahakar Group, what are the key legal challenges you encounter in the user fee collection and renewable energy sectors, and how do you address them?
As the Head of Legal at Sahakar Group, I encounter several key legal challenges in both the user fee collection and renewable energy sectors. In the user fee collection sector, we work along with several government authorities across the country such as the National Highway Authority of India (NHAI), Municipal Corporation of Delhi (MCD), Uttar Pradesh Expressways Industrial Development Authority (UPEIDA), Maharashtra State Road Development Corporation (MSRDC), etc., and some of the main challenges include ensuring compliance with regulations governing fee collection, addressing disputes related to labour, contract terms with the authorities, and safeguarding customer data and privacy.
To address these challenges, I work closely with relevant stakeholders within the organization to ensure that our fee collection processes and practices are fully compliant with applicable laws and regulations in addition to the requirement of the contracts with the authorities. This may involve conducting regular audits, staying updated on regulatory changes, and implementing robust internal controls to mitigate legal risks.
Furthermore, I place a strong emphasis on data privacy and security measures to protect customer information from unauthorized access or breaches. This includes implementing stringent data protection policies, ensuring compliance with data privacy regulations, and investing in secure technology infrastructure to safeguard sensitive customer data.
In the renewable energy sector, key legal challenges often revolve around regulatory compliance, permits and licensing requirements, land acquisition issues, and contractual negotiations with suppliers or project partners.
To address these challenges, I collaborate closely with our internal teams & stakeholders to ensure that our projects adhere to all relevant regulatory requirements and obtain necessary permits and licenses in a timely manner. This may involve engaging with regulatory authorities, conducting thorough due diligence on land acquisition processes, and negotiating contracts with suppliers or project partners to ensure favourable terms and mitigate legal risks.
Additionally, I stay informed about emerging legal trends and developments including changes to government incentives or subsidies, evolving environmental regulations, and industry best practices. By staying proactive and adaptable, we can effectively navigate the legal landscape in the renewable energy sector and position our company for continued success in this rapidly growing industry.
Overall, by addressing these key legal challenges head-on and implementing proactive legal strategies, I aim to support Sahakar Group’s business objectives while ensuring compliance with legal and regulatory requirements in both the user fee collection and renewable energy sectors.
Outside of your professional endeavors, do you have any personal hobbies or interests that you find particularly fulfilling or rejuvenating? How do you balance your work and personal life?
Outside of my professional endeavors, I do have several personal hobbies and interests that I find fulfilling and rejuvenating. Since I belong from the hills, one of my passions is spending time in nature and travelling. There is something incredibly therapeutic about immersing myself in the outdoors, whether it is exploring local trails, camping in remote wilderness areas, or simply taking a leisurely stroll through a nearby park. Connecting with nature helps me recharge and gain perspective, allowing me to return to my work with renewed energy and focus.
Balancing my work and personal life is essential for my overall well-being and happiness. To achieve this balance, I prioritize time management and boundary-setting. I allocate specific time slots for work-related tasks and responsibilities, ensuring that I stay focused and productive during designated work hours. At the same time, I make a conscious effort to carve out time for my personal interests and hobbies, treating them as non-negotiable appointments in my schedule, all of which help me recharge and rejuvenate both mentally and physically.
For aspiring legal professionals, especially those entering the field today, what advice would you give them to navigate the complexities of the legal landscape and build a successful career?
The legal landscape is constantly evolving, with new laws, regulations, and precedents emerging regularly. Therefore, it is essential to prioritize lifelong learning and stay updated on legal developments in your practice area. This can involve attending seminars, workshops, and legal conferences, as well as reading legal publications and engaging in ongoing professional development opportunities.
While it is important to have a broad understanding of the law, one may consider specializing in a specific practice area that aligns with his/her interests and strengths. Developing expertise in a particular niche can set a person apart from others and position him/her as a sought-after legal professional in that field.
Further, building a strong professional network is crucial for success in the legal industry. Taking advantage of networking events, bar association meetings, and alumni gatherings to connect with fellow legal professionals, mentors, and potential clients can be highly beneficial. Also we should look to cultivate genuine relationships and seek opportunities to collaborate and learn from others in our network.
Another important thing to note is that theory is important, however practical experience is invaluable. As such, you should seek out internships, clerkships, or volunteer opportunities to gain hands-on experience in legal settings. Whether it is drafting contracts, conducting legal research, or appearing in court, practical experience will not only enhance your skills but also provide valuable insights into the day-to-day realities of legal practice.
Last but not the least, upholding ethical standards is fundamental to the practice of law. Always prioritize honesty, integrity, and professionalism in your interactions with clients, colleagues, and the judiciary. Adhering to ethical principles not only fosters trust and credibility but also protects your reputation as a legal professional.
By following these pieces of advice and remaining committed to your professional growth and development, you can navigate the complexities of the legal landscape and build a successful and fulfilling career in the field of law.
With your extensive experience spanning various sectors of law, from financial services to media and real estate, could you share with us which area of law you are particularly passionate about? What drives your interest in that specific field?
One of the main lines of business of Sahakar group is real estate and construction and I have worked on several construction & re-development projects in the organization. As such, my particular area of interest in law has now become real estate and construction. What drives my passion for this field is the tangible impact it has on communities, economies, and the built environment, as well as the intricate legal frameworks that govern property rights, development projects, and transactions.
Real estate and construction law encompass a wide range of legal issues, including property transactions, land use regulations, zoning laws, construction contracts, environmental compliance, and dispute resolution. As someone who is fascinated by the intersection of law, business, and urban development, I am drawn to the complex legal challenges and opportunities that arise in this field.
One aspect that particularly excites me about real estate and construction law is its role in shaping the physical landscape of our cities and neighbourhoods. From acquisition and development of properties, negotiating construction contracts for large-scale projects, or navigating regulatory hurdles in land use and zoning, real estate and construction law plays a critical role in facilitating growth, infrastructure development, and urban revitalization.
Moreover, I am passionate about the economic and social implications of real estate and construction activities, including issues of affordable housing, sustainable development, and community engagement. Real estate and construction law intersects with broader societal goals such as environmental sustainability, social equity, and economic development, providing opportunities to address pressing challenges and promote positive outcomes for communities and stakeholders.
Overall, my interest in real estate and construction law stems from a desire to leverage my legal expertise to address complex issues related to property rights, development, and urban planning. By working in this field, I am able to contribute to the responsible and sustainable growth of our built environment while also advocating for the interests of clients, communities, and the public good.
Being honored with the Lex Falcon Global Award and recognized as one of the Top Ten Chief Legal Officers of 2023 is truly remarkable. Could you share with us a pivotal moment in your career that you believe contributed to these accolades?
Thank you for your kind words. Being honored with the Lex Falcon Global Award and recognized as one of the Top Ten Chief Legal Officers of 2023 was indeed a humbling and gratifying experience for me. Reflecting on my career journey, I believe there have been several pivotal moments that have contributed to these accolades. On several occasions I was fortunate to get the opportunity to demonstrate leadership, strategic vision, and legal acumen in the organizations that I was associated with, which have ultimately led to the recognition I received with the Lex Falcon Global Award and recognition as one of the Top Ten Chief Legal Officers of 2023. These accolades remind me of the hard work, dedication, and passion that I have always endeavoured to bring to my role as a legal professional, and I am grateful for the opportunity to make a positive impact in the legal field
Can you share a bit about your journey into the legal profession? What inspired you to pursue law, and how did you navigate your career to reach your current position as an Advocate-on-Record before the Supreme Court of India?
Being a science student in school, I had no idea about law as a profession until just before the Class 12 Board Exams I happened to read in the newspapers about CLAT which was happening for the first time in 2008. Out of curiosity I began to research about the legal profession in general and it struck to me that I have to be litigator given my persona and aptitude. Moreover, I wanted to enrol in a professional course which would enable me to later have my own practice. Though I cracked a few of the prestigious engineering entrance exams, I was firm in my mind that I would study law. Accordingly, I studied law in Delhi during 2008-13.
Being a first-generation litigation lawyer, I was fortunate to be placed at Economic Laws Practice (ELP) a top tier full-service law firm. I met some amazing professionals and colleagues at ELP who moulded my thought processes and the inherent need of the profession to put in the extra hours. Post gaining experience on commercial matters and client interactions, I set up my independent practice in 2015 in the fields of commercial laws, white-collar crimes and IPR enforcement and litigation under the name SEMITA LEGAL, Advocates & Solicitors.
While in independent practice, I happened to be guided and groomed by a senior Advocate-on-Record at the Supreme Court who inspired me to keep working without expecting any rewards. Due to his blessings and the support of my entire family, I became an Advocate-on-Record before the Hon’ble Supreme Court. The constant support of seniors, colleagues and juniors through my professional life have played a key part in my practice.
Your experience covers a wide range of legal areas, from corporate commercial disputes to white-collar crimes and regulatory litigation. What drew you to specialize in these specific fields, and what challenges have you encountered along the way?
Being trained at ELP in commercial disputes and white-collar crimes, I gravitated towards this branch of law. Our team at ELP focussed on a wide variety of disputes primarily concerning commercial and regulatory issues for large corporate clients. Apart from this, I also happened to be involved in advisory and litigation regarding two of the biggest scams of the times – 2G Spectrum Scam case and the Coal Block Allocation Scam case. Exposure to such matters strengthened my confidence as a lawyer to take up independent mandates.
Primary challenges for young professionals in commercial disputes and white-collar crimes are instilling trust in the minds of the senior in-house legal counsels in multi-national companies that you can ably assist on the legal challenges and confidently brief senior counsels wherever required. Coupled with this is the challenge to deliver top notch advisory and representation and at the same time hustle for new mandates and clients while keeping abreast with the legal developments wherein currently a lot of regulatory updates flows in every day.
You’ve been involved in high-stakes litigations and arbitrations, including cases related to government contracts, telecom, and power sectors. Could you share a particularly memorable case or experience from your career and how it shaped your approach to litigation and dispute resolution?
A corporate client was blacklisted by a PSU, which enjoys a 100% dominance in the railways ticketing and allied services, from participating in any future tenders due to a fault attributable to the railways and the PSU itself. From the time the client got the debarment order, we prepared the petition overnight, filed the petition the next morning and got the matter listed urgently. We were able to secure immediate relief for the client from the Delhi High Court within approx. 24 hours of the debarment. Post this matter, I did a couple of similar matters on blacklisting; however, was not able to secure interim stay in those matters since the clients in those matters had not understood the fact that while approaching the constitutional courts in writ matters, timing was of utmost importance and the alacrity in taking steps weighs in with the judges while deciding interim applications.
As a member of various legal associations and with extensive experience representing clients before different tribunals and courts, what are some key lessons you’ve learned about effective advocacy and navigating the complexities of the legal system in India?
During the initial years of advocacy, an advocate must spend some time with the Court clerk to understand the nuances of filing of petitions and removal of defects apart from the drafting of petitions. This helps with getting to know about the intricacies of working at different tribunals and courts and gives an idea about the listing procedure. There are courts which list fresh matters the same afternoon, while there are courts and tribunals which list matters after a week or fortnight of the matters being filed and the defects being removed. Having a clear picture about the same, goes a long way in devising the strategy and appraising the clients.
The nomenclature and the short names for landmark judgments cited before a particular tribunal and court are to be noted for an effective practice at such forums and to give a sense to the Bench that you are adept with the developments in that particular branch of law.
Your work also extends to advising clients on regulatory actions and compliance issues, as well as defending against investigations by agencies such as the CBI and ED. What strategies do you employ when representing clients facing such challenges, and how do you ensure the protection of their interests?
I advise clients to keep records of all transactions and possible leakages/ ramifications flowing therefrom. Drawing down a list of potential threats on liberty and property arising from actions by investigation agencies helps in strategizing the course to be followed while defending the interests of the clients. Pointing out pros and cons to the senior counsels during conferences helps to charter a clear course to be adopted at appropriate stages of trial.
With your expertise in IPR enforcement and brand protection, could you discuss some notable cases or strategies you’ve employed to combat counterfeiting and piracy issues? How do you stay ahead of emerging threats in this area?
My practice of IPR enforcement and brand protection at Semita Legal, Advocates & Solicitors, which I spearhead along with my wife involves a multifaceted approach:
· Monitoring and surveillance – employment of advanced tools and services such as keyword monitoring etc to track online mentions on social media and e-commerce platforms
· Collaboration with online marketplaces for reporting counterfeit listings and consequent takedowns
· Legal measures to actively monitor infringements and take legal action against counterfeiters to protect brand’s goodwill and market share
· Consumer awareness to identify genuine products and distinguish them from counterfeit ones; provision of information on official websites and packaging about authentication methods etc.
· Supply chain transparency and security to prevent unauthorized access to products or intellectual property. Implementation of technologies such as blockchain to track and authenticate products from manufacturing to distribution
· Engagement with law enforcement agencies to investigate and prosecute counterfeiters
· Regularly review and update the brand protection strategies to stay ahead of emerging threats and technologies used by counterfeiters.
Strong coordination and regular liaising with law enforcement authorities is the key in initiating swift actions against the counterfeit activities. The most effective way to handle this is to always be prompt and responsive to any support being sought from the authorities, whether understanding the law, conducting regular training, providing prompt responses to notices, all of which ultimately aids in timely filing of chargesheets. Once the authorities develop confidence that proper support has been provided, they equally support in nabbing down the counterfeiters. Basically, it’s two-way traffic and to foster a positive roadmap to curb this menace, we need to be transparent and responsive to each other’s requirements.
Your involvement in both domestic and international legal matters is impressive. How do you adapt your approach when dealing with clients from diverse backgrounds and legal systems? Are there any unique challenges or opportunities that arise in such cases?
My IPR enforcement practice helps me interact with foreign clients quite frequently. While most of them by now are abreast with the Indian legal system, the pace at which the system works really bothers most of them. My interaction with the marketing/ sales team of the corporates seeking enforcement actions on the counterfeiters allow me to break down the processes and present a seamless scenario so as to help them navigate challenges of dealing with enforcement authorities without being bothered about possible harassment at their hands.
Finally, considering your extensive experience and success in the legal field, what advice would you offer to recent law graduates aspiring to follow in your footsteps? What key skills or qualities do you believe are essential for success in the legal profession, especially in today’s rapidly evolving legal landscape?
Read law and non-law matters every day for some time. With technology in place, this is sorted and only requires a routine to be followed. Interact with senior lawyers and watch Court proceedings to learn the nuances. In the initial years, work with lawyers in different stages of their careers to learn from each phase of a lawyer regarding how to approach a case. Explore different branches of law. The professional has endless opportunities – if you are patient and keep working and associating with the senior professionals, rewards will flow naturally.
Abhiraj, could you please introduce yourself to our readers and walk us through your journey, from what inspired you to pursue a career in law to where you are today at Deutsche Bank Group company? What pivotal moments or experiences have shaped your career trajectory thus far?
Absolutely, it’s a pleasure to share my journey. My path into the world of law was somewhat unconventional. I was born and raised in a middle-class family in Samastipur, a small district in Bihar (India). During that time, engineering and medical were the go-to career choices, but I had a different path in mind where I decided to pursue commerce and later aim for CA, steering away from the mainstream.
While gearing up for a CA course in Delhi after my 12th board exam, a chance encounter with Chanakya National Law University advertisement in a newspaper changed everything. With my father’s attention drawn to that advertisement and his subsequent encouragement, I decided to give it a shot, despite doubts. Surprisingly :), I cleared the exam, prompting a last-minute decision to pursue law instead of commerce. Thus began my journey into the legal realm in 2006 and subsequently earned my law degree in 2011.
Law school was an amazing time for me, packed with fun, studies, and a range of extracurricular activities. From internships to various co-curricular endeavors, these experiences not only enhanced my understanding of the law but also helped shape my character and confidence in this field.
Transitioning from academia to the professional sphere wasn’t easy, especially as a first-generation lawyer. After gaining insights into court procedures at a boutique law firm for about a year, I made my foray into the corporate world, beginning my journey at UnitedLex Corporation. There, I honed my skills in contract drafting, vetting and negotiation for their Fortune 500 clients, eventually transitioning to in-house counsel roles at MNC’s like Pearson, Randstad (seconded to Idemia), MPS Ltd. I have acquired extensive and varied experience during my tenure at these companies, spanning across various facets of law and industries. This includes, but is not limited to, managing and supporting legal functions encompassing advisory services, litigation and arbitration, legal & regulatory compliance, Intellectual Property Rights (IPR), contract management, acquisitions, stakeholder management and other corporate matters. Today, I find myself at Deutsche Bank Group company, where I am fortunate to apply my legal expertise in a dynamic and challenging environment. My role here as a Technology, Regulatory & Privacy Lawyer allows me to not only navigate complex legal landscapes but also contribute to strategic decision-making processes that drive business success in a global market.
In short, I can say that each step has been filled with challenges and learning opportunities, supported by colleagues and mentors along the way. Throughout my journey so far, pivotal moments and experiences have played a significant role in shaping my trajectory in the field of law.
Finally, I want to express my heartfelt gratitude to my family and my alma maters: Central Public School, DAV School, and Chanakya National Law University. Their unwavering support and dedication to nurturing my learning and skills have laid the foundation for my professional journey.
Your journey seems incredibly diverse, from legal counsel to data protection officer. How did you transition into your current role at Deutsche Bank Group company, and what inspired you to specialize in technology and data protection law?
My journey has been quite varied, indeed. Transitioning into my current role at Deutsche Bank Group company was a result of my passion for technology and data protection law, coupled with my background in legal counsel. Over the years, I’ve been increasingly drawn to the intersection of law and technology, recognizing the critical importance of data protection in our digital age. This led me to pursue additional training and certifications in data protection and privacy, equipping me with the necessary expertise to transition into the role of a Data Protection Officer. The opportunity to work at Deutsche Bank Group company presented itself as an ideal platform to apply my skills and knowledge in a dynamic and challenging environment, where data protection is paramount.
For this, I would like to express my gratitude to my current company for providing me with the opportunity to learn and grow in the field of data privacy alongside with my responsibilities as legal counsel where I am currently providing strategic legal advice and support in relation to legal topics and issues around technology and outsourcing regulation, data protection, intellectual property, contracting, and related areas impacting bank business in the region. In addition, I also support the management of legal, regulatory and reputational risk in outsourcing and tech-related transactions.
We noticed you’re passionate about technology. How do you see emerging technologies like AI, Blockchain, and Big Data impacting the legal landscape in the future?
Technology is a great teacher. It constantly teaches us that change is the only constant in the evolution of technology. Over time, new technologies replace old ones, which can bring new problems and challenges. New technologies are constantly pushing the boundaries of the law and therefore lawyers and legal professionals around the world are witnessing significant changes in the way they practice law, thanks to innovations like artificial intelligence, blockchain, and data analytics.
Emerging technologies such as AI, Blockchain etc. are poised to revolutionize the legal landscape in numerous ways:
AI in Legal Research: AI-powered tools can sift through vast amounts of legal data in seconds, significantly expediting legal research and document review.
Predictive Analytics: By analyzing past case outcomes and legal trends, AI can predict potential outcomes of ongoing cases, enabling lawyers to make more informed decisions and develop stronger strategies.
Automating Routine Tasks: AI-driven automation can support repetitive tasks at preliminary stages like contract review, document drafting, and due diligence. This allows legal professionals to focus on higher-value activities that require more human judgment and creativity.
Data Analytics for Case Management: Big Data analytics can extract valuable insights from large volumes of legal data, helping lawyers identify patterns, assess risks, and optimize case management strategies.
Overall, the convergence of AI, Blockchain, and Big Data is set to transform the legal profession, driving efficiency, reducing costs and providing new avenues for innovation.
In my opinion, while emerging technologies may reshape the legal profession and alter the nature of legal work, they are unlikely to eliminate the need for skilled legal professionals altogether. Instead, they will complement lawyers’ capabilities, create new opportunities for specialization, and require continuous adaptation and upskilling to thrive in the evolving legal landscape.
Beyond your professional achievements, we hear you’re an avid traveller. How has exploring different cultures influenced your perspective, both personally and professionally?
Certainly! Exploring different cultures through travel has been an enriching experience that has shaped both my personal outlook and professional approach in several ways.
On a personal level, immersing myself in diverse cultures has enriched my understanding of the world and broadened my horizons. Experiencing new cuisines, customs, languages, and traditions has fostered a deep appreciation for the richness and complexity of human society. It has taught me to approach unfamiliar situations with an open mind, curiosity, and respect for cultural differences. Moreover, interacting with people from diverse backgrounds has helped me develop empathy, tolerance, and a global mindset.
Professionally, my travels have enhanced my interpersonal skills, adaptability, and cross-cultural communication abilities. Working in a globalized world, where interactions with clients, colleagues, and stakeholders from different cultural backgrounds and jurisdictions are increasingly common, these skills are invaluable. Moreover, exposure to diverse perspectives and ways of thinking has fueled creativity and problem-solving in my professional endeavors.
Overall, my passion for travel has been a source of inspiration and growth, both personally and professionally that I carry with me in all aspects of my life and work.
You’ve worked with both law firms and in-house legal departments. How do these experiences differ, and which environment do you find more conducive to your professional growth?
Having experienced both law firm and in-house legal environments, I can say that each offers unique advantages and challenges. The key differences between these two settings can influence professional growth in distinct ways.
In a law firm setting, the pace is often fast-paced and diverse, with exposure to a wide range of clients, industries, and legal matters. This diversity provides ample opportunities for skill development, as lawyers are constantly challenged to adapt to new cases and clients.
On the other hand, in-house legal departments offer a more immersive experience within a single organization, allowing lawyers to develop a deep understanding of the company’s business operations, industry dynamics, and strategic objectives. This depth of knowledge enables in-house counsel to provide more targeted and strategic legal advice, aligning legal solutions with broader business goals. Moreover, working in-house provides opportunities to collaborate closely with non-legal departments, such as finance, operations, and marketing, fostering a holistic approach to problem-solving and decision-making.
When considering which environment is more conducive to professional growth, it ultimately depends on individual preferences, career goals, and work style. Some lawyers thrive in the fast-paced, client-focused environment of law firms, where they can gain diverse experience and build a robust professional network. Others may prefer the stability, strategic focus, and sense of ownership that come with working in-house.
Ultimately, the choice between these two environments depends on individual preferences, career goals, and the type of work that best aligns with one’s strengths and interests.
With your broad expertise, what would you say is the one thing the current generation can do to excel in their legal careers, considering the dynamic nature of the profession?
With the legal profession evolving rapidly due to technological advancements, globalization, and shifting societal norms, excelling in this dynamic environment requires a multifaceted approach. However, if I were to highlight one key aspect for the current generation to focus on, it would be adaptability and continuous learning.
Adaptability encompasses the ability to embrace change, learn new skills, and pivot in response to evolving circumstances. In today’s legal landscape, where new laws, regulations, and technologies emerge regularly, lawyers must possess the agility to navigate these changes effectively.
Here’s how the current generation can cultivate adaptability to excel in their legal careers:
Embrace Lifelong Learning: Continuous learning is essential for staying abreast of legal developments and acquiring new skills. Whether it’s through formal education, professional development programs, or self-directed learning, dedicating oneself to ongoing education fosters adaptability by ensuring relevance in a constantly evolving field.
Develop Technological Proficiency: Technology is reshaping the practice of law, from e-discovery tools to AI-powered legal research and contract management platforms. Lawyers who are proficient in leveraging technology to streamline workflows, enhance client services, and analyze data will be better equipped to thrive in the modern legal landscape.
Cultivate Interdisciplinary Skills: The intersection of law with other disciplines such as business, finance, technology etc. is becoming increasingly prominent. Lawyers who possess interdisciplinary skills can offer more holistic solutions to complex legal issues, making them invaluable assets to their clients and organizations.
Networking is key: Start networking with legal professionals, alumni, and legal experts early on. These connections can open doors to exciting opportunities such as jobs, valuable industry insights, and mentorship etc.
In short, being adaptable is key to thriving in today’s fast-paced legal field. If current lawyers can adapt well, they’ll do great in their careers despite how things keep changing.
How do you see a Data Protection Officer can balance the need for data security with the demand for innovation and efficiency in today’s digital age?
Balancing the imperative of data security with the drive for innovation and efficiency is indeed a multifaceted challenge for a Data Protection Officer (DPO) in today’s digital landscape. Achieving this delicate balance requires a proactive approach that integrates robust security measures with agile and adaptable processes.
First and foremost, a DPO can ensure that data protection policies and procedures align with relevant regulations such as GDPR, CCPA, or any other applicable laws. This foundation establishes clear guidelines for data handling, access controls, encryption protocols, and incident response procedures.
To promote innovation and efficiency, one should collaborate closely with their IT and development teams to integrate privacy and security considerations into the design and development of new systems and technologies. By adopting a privacy-by-design approach, one can identify potential risks early in the development lifecycle and implement appropriate safeguards without impeding progress.
Regular risk assessments and security audits are essential to identify vulnerabilities and ensure that security measures remain effective in the face of evolving threats.
Furthermore, one should prioritize the ongoing education and training for all their employees to foster a culture of data security awareness throughout the organization. By empowering staff with the knowledge and tools they need to recognize and respond to security threats, can minimize the likelihood of data breaches while promoting a collective commitment to protecting sensitive information.
By employing a combination of regulatory compliance, risk management, education, collaboration, and proactive measures, DPOs can navigate this balancing act successfully, ensuring that data security remains a priority without hindering the organization’s ability to innovate in today’s digital age.
Your journey includes several internships across different law firms and organizations. Could you share one of your most memorable internship experiences and how it influenced your career path? Additionally, what advice would you give to students regarding the types of internships they should pursue, and how crucial do you believe internships are in shaping one’s legal career?
I participated in internships as a mandatory part of my law curriculum. Throughout the five-year law course, students were required to undertake various internships based on their interests and career aspirations. During my internship with Tata Steel, I gained valuable insights into legal challenges from a corporate standpoint, particularly from an in-house counsel perspective. Working alongside a seasoned team, I had the opportunity to delve into various legal matters and comprehend the intricacies faced by the in-house legal department. This experience significantly influenced my interest in pursuing a career as a corporate lawyer.
My advice to students regarding internships is to seek opportunities that align with their interests and career goals. It’s essential to explore different areas of law to gain a well-rounded understanding of the legal profession. Additionally, internships provide valuable networking opportunities and allow students to build relationships with experienced professionals in the field. I believe that internships are essential for students to explore their interests, gain practical experience, and make informed decisions about their future legal careers.
With your extensive experience across various industries, which one stands out as the most challenging or rewarding in terms of legal complexities?
I firmly believe that with a solid grasp of the basics and a commitment to discipline, navigating various sectors and fields of expertise becomes quite manageable. Among the diverse industries I’ve worked in (service industry, publication & education, Edtech, Information Technology Enabled Services (ITes), banking services especially from technology and privacy standpoint), each has presented unique legal complexities. However, I found the technology sector particularly challenging and rewarding. Innovation in technology moves quickly, which can create new legal questions and challenges that haven’t been addressed before. Navigating these complexities requires staying ahead of emerging trends, understanding intricate intellectual property laws, and addressing complex data privacy concerns. Yet, overcoming these challenges can be immensely rewarding, as it involves shaping the legal framework for groundbreaking technologies that drive societal progress.
Hello and welcome everyone to Super Lawyer. Today, we have with us, Ms.Pallavi Pratap, who has been named BW Top 40 Under 40 Lawyer She is a legal influencer. She is a women’s rights activist, health enthusiast, and managing partner of Pratap and company. She is a legacy in herself.
Ma’am, our first question would be to understand how you enter the legal field. And what made you pursue this path? Then how did you come up with your Pratap and company and make it such a big name in this legal background? What were the challenges? Would you like to share it with us?
The challenges I think were stupendous, but, how it started, I am an accidental lawyer. It was not that it was something that was planned as a matter of fact. I remember that when people would talk about being a lawyer, at least in my generation. That was for people who had done nothing in their life. So because you’ve not achieved anything. So you become a lawyer. That is how, you know, a lawyer was perceived then. So my law happened because after graduation, I was preparing for UPSC.
And so I did my law, one year, I think I did then. Then, because I was not able to crack UPSC, my parents thought that you know, I should go abroad and maybe do an MBA, and back then MBA was like how it is right now, LLB. So everybody was doing MBA, so I went to Australia, and I did my MBA there. Then I did my research in France. I came back and then I started to work in a small investment banking company and, that was going okay. It was all right. By the time I think I was married also. So I had two years of law left. So I had to finish off my law and then pursue my investment banking career.
It was long, and it was difficult at that moment because I think the dot com bubble had just happened. Subprime mortgages that entire 2008, and 2009 time when the economy was not doing very well. We all had challenges then, especially since. I had done my MBA and I was looking at the corporate side to work in. Then interestingly, what happened was since I was married, my husband and I thought that, it had been some years and that we should go the family way. And so the job I was doing was not so easy to continue, because, with the kind of pressure that we had on the corporate side, it was not possible.
So, my father suggested that then, why don’t you pursue law? Because it will be easier. You won’t have to put in so many hours and just take it slowly. So I just started working with an AOR. And, I remember it was around 2011, 12, something like that, when I started. Went on for four, or five years, but I was never serious about pursuing law as a career.
I thought that I would go back to the private sector. Because at that time when I shifted, I was already associate vice president. I was associate vice president at the age of 28. So the next in line was VP, which is what I was due for. And then I would have been the CEO of the company that I was in.
At one point, I had aspirations of becoming a CEO by the age of 32 or 33. However, life has a way of throwing unexpected challenges our way. At that time, my husband and I were facing difficulties conceiving naturally, leading us to explore IVF options, which involved hormone injections and a break from my career.
During this hiatus, I began studying law, initially considering it a temporary measure until circumstances improved and I could return to my original career path. Life, however, had other plans. In 2015 or 2016, my husband and I decided to separate.
Around the same time, I found employment in an Advocate-On-Record’s office. It was a demanding role where I was the sole junior, responsible for a wide range of tasks—from clerical duties to drafting and translation. My workdays were long, often stretching from 9 AM to 8:30 or 9 PM, with additional work at home, particularly for translations.
Despite the challenges, this experience proved invaluable. Working on translations, especially for criminal cases, provided me with a deep understanding of the legal system. I vividly recall translating extensive criminal appeal files, including everything from FIRs to witness statements, which significantly enhanced my knowledge of the Criminal Procedure Code (CRPC). Despite initially viewing translation as a mundane task, it ultimately became a vital learning opportunity, enriching my understanding of legal proceedings.
So, I found myself in a unique position where I witnessed the entire trial unfolding before me. It’s interesting, as you mentioned, how the younger generation seems less inclined towards traditional legal tasks. Many shy away from such responsibilities, deeming them beneath a lawyer’s stature. I never viewed any task as beneath me. Perhaps it was my genuine interest or simply a lack of concern about status. However, I’ve encountered individuals who readily embrace tasks like using Google Translate, yet hesitate when faced with last-minute requests for simple tasks.
Everyone has their preferences, and I don’t expect anyone to work for free. However, these experiences taught me invaluable lessons, especially in service matters. Translating documents provided insights into the intricacies of drafting annual confidential reports, sending notices, and crafting representations. While building something akin to SAM or CAM was never my ambition, I recognized my limitations and aimed to excel within them.
I aspired to establish a reputable litigation firm, one that keeps me consistently engaged with meaningful cases. Initially, the thought of becoming a counsel didn’t even cross my mind. Yet, over time, everything seemed to naturally fall into place. Through gradual progression, I honed my skills in argumentation and management, embracing unforeseen opportunities as they arose.
Earlier today, I had a conversation at NCLAT with a fellow law firm owner, where we delved into the intricate challenges of managing multiple aspects simultaneously. Balancing client needs, court proceedings, and financial matters poses a significant challenge for all of us in the legal profession.
My background in MBA has played a pivotal role in navigating these complexities. From my early days in India, I’ve been deeply involved with startups, often spearheading new verticals or assisting nascent companies. This experience instilled in me a knack for cost-cutting and efficient work practices.
Despite the perception that our workload necessitates a large team, we operate with a lean staff of three to four individuals. Remarkably, my colleagues typically wrap up by early evening without the need to carry work home. Our ability to manage substantial workloads with minimal resources is a testament to our strategic approach.
This proficiency in streamlining operations and maximizing productivity stems from my understanding of running a small company or startup. While the journey has been challenging, it has also been immensely rewarding. As I reflect on our progress, I’m intrigued by what the future holds.
Could you elaborate on how your MBA background aided you in navigating the challenges of establishing and managing your law firm, especially during the initial stages when resources were limited? Many lawyers don’t possess an MBA, so it would be insightful to understand how this unique combination of qualifications has influenced your approach to addressing the complexities of running a law practice efficiently.
Let me share a personal anecdote that shaped my perspective early in life. During my MBA days in Australia, despite having financial support from my father, I chose to work part-time. In Melbourne, there’s a bustling spot called Victoria Market where I found myself selling a product called a spilling remover—a simple solution for common clothing woes like pilling or pet hair. Standing on a podium, I’d invite passersby to experience its effectiveness, selling it for $25 apiece. Essentially, it was just sandpaper in a plastic box, but to foreigners, it was a valuable solution, earning me commissions and teaching me the art of salesmanship.
My MBA background, particularly in finance, proved invaluable during this time. It equipped me with the skills to calculate ROIs, analyze top and bottom lines, and assess a company’s sustainability. These skills became especially relevant when I ventured into investment banking, where projections and financial viability are paramount in securing investments.
With my prior experience in startups, I quickly identified areas for improvement in my work. However, having faced challenges before, I knew how to navigate them efficiently. I attribute much of my success to the incredible support system I had. Individuals like Kunal, my office manager, and Anshini bhaiya, my clerk, played pivotal roles, often handling tasks beyond their responsibilities, which allowed us to achieve more with fewer resources. Their dedication and support were instrumental in overcoming obstacles and propelling our endeavors forward.
The backbone of any endeavor lies in its team and resources. Since the inception of our journey, our staff has been integral to our success. Through thick and thin, from the earliest filings to the present day, they have remained steadfastly by my side. While we may engage in spirited debates and disagreements, our loyalty and commitment to one another have never wavered. I am confident that this bond will endure for as long as we continue on this path.
Reflecting on my MBA experience, I came to realize the true essence of networking. Contrary to popular belief, simply meeting people at conferences or social events does not guarantee professional opportunities. People seldom recall such encounters, let alone entrust you with work. Recognizing this, I adopted a sales-oriented approach. Rather than passively networking, I embraced the role of a salesperson, focusing on promoting my skills and capabilities.
In the world of sales, one must shed inhibitions and relentlessly advocate for oneself. I vividly recall my time in Australia, where I worked for a charity, going door-to-door soliciting donations. It was a challenging task, compounded by cultural differences and occasional hostility. Despite the hurdles, I persevered, driven by a sense of purpose and determination to succeed.
I recall my experience working in a call center, specifically in Australia, where my role involved selling gas connections and DTH connections similar to Tata Sky. This exposure to sales was invaluable, as it instilled in me a sense of confidence and fearlessness when approaching potential clients. I never hesitated to assertively offer my services, knowing that showcasing my expertise was essential in securing work opportunities.
Even during challenging times, like the onset of COVID-19, the emergence of social media platforms provided a new avenue for me to showcase my skills. Despite facing skepticism and criticism from some quarters, I remained undeterred. I understood that to thrive in a competitive environment without the backing of a “Godfather,” I needed to directly engage with clients and demonstrate the value I could bring to their projects.
Over the past decade, I have accumulated significant experience and expertise. This journey has allowed me to reach a point where I can afford to take a step back and explore other interests while still maintaining a strong professional foundation.
But those 10 – 11 years. When I was putting in the effort, there was nothing else that I ever thought of. Nothing else except for work.
when did you decide to become an AOR?
As I mentioned earlier, I was struggling with my legal career at one point. I was employed in an AOR’s (Advocate-On-Record) office, and around 2010 or 2011, when I enrolled for a five-year program, I was disinterested in learning. I had convinced myself that returning to the private sector was my goal and that the legal work I was doing felt beneath me.
However, my perspective shifted when I began working in the AOR’s office in December 2015. Almost impulsively, I decided to fill out the AOR examination form. By May 2016, with just six months of experience in the AOR’s office and 15 days of preparation, I attempted the AOR examination and passed it on my first try.
Some may argue that the paper that year was easier, attributing my success to luck. Yet, passing the AOR exam gave me a newfound confidence. I realized that achieving such a feat, especially in my first attempt, meant I possessed a deeper understanding of the law than I had previously acknowledged. Many struggle to pass this examination even after multiple attempts, but I succeeded on my first try, affirming my competence in the legal field.
Becoming an AOR transformed my attitude towards law. Before this achievement, I had contemplated returning to the private sector, disliking my work in law. However, my success in the AOR exam propelled me into taking my legal career more seriously. I no longer viewed legal practice as beneath me; instead, I embraced it wholeheartedly.
This experience taught me the importance of self-belief and determination. It was a turning point in my career, marking the moment when I transitioned from a disillusioned legal professional to a committed and passionate advocate.
Given your passion for your company, how do you envision your plans for the next five to seven years, particularly considering the increased responsibility that comes with holding an AOR position? How do you intend to align this responsibility with your commitment to societal causes over the next three to five years?
To be honest, there isn’t as much involvement in societal causes for me anymore. It used to be more prevalent when I was handling those types of cases. Unfortunately, it seems now people view me more as a criminal lawyer, and I’m fine with that too. If such cases come my way, I won’t deny them. However, my passion still lies in issues related to women. It’s something that has always been close to my heart, stemming from my own experiences, and I believe it will continue to be so.
Looking ahead, my focus for the next three to five years is to engage more in courtroom arguments. It’s something I’ve grown to enjoy, albeit it took me some time to overcome certain inhibitions. Learning the art of effective argumentation—knowing when to speak, when to stay silent, and how to present without offending the judge—is an ongoing process for me. I’m still refining these skills, recognizing that I have much more to learn.
On the business front, I’m content with where our firm stands currently. While I naturally aspire to increase our turnover and the number of cases we handle, I’m grateful that growth seems to be happening organically. Our caseload is steadily increasing, almost on its own accord. This year, one of my resolutions is to travel extensively, aiming to visit at least one high court every month.
In January, I traveled to Bangalore, and this weekend, I’ll be heading to Indore. My purpose isn’t solely work-related; I’m eager to connect with more people, understand the challenges they face, and perhaps offer solutions where I can. Over the past year, I’ve noticed an intensification of challenges, particularly with the heightened competition in our field. It’s become overwhelming for many of us, prompting me to strategize on how best to navigate these obstacles.
Moreover, at 41, I find myself contemplating life goals and priorities. Having dedicated over two decades to work since 2006, I’m now at a juncture where I seek to carve out time for personal pursuits that have taken a backseat for far too long. I aim to pave the way for the next decade to embrace endeavors beyond the confines of immediate obligations.
Undoubtedly, there are struggles. Despite societal shifts, challenges persist, especially for individuals like us. As a woman in the legal profession, I continue to encounter hurdles in what is still largely a male-dominated arena. The landscape may have evolved, but the inherent obstacles remain, requiring perseverance and resilience to navigate effectively.
How do you approach supporting individuals, particularly women, who are encountering challenges in today’s rapidly evolving landscape, both in the physical and online realms? What strategies do you envision employing to navigate these dual challenges effectively?
You know, it’s been overwhelming. My Instagram feed is flooded with hateful messages. If I were to delve into each one of them, it would undoubtedly take a toll on my mental health. Not that it isn’t already suffering. But being on social media with an open profile invites all sorts of comments, and learning to brush them off is a skill I’m still struggling to master.
Unfortunately, it’s not just confined to social media. Even within the corridors of the Supreme Court, women are often objectified and subjected to gossip. For someone like me, with a past that seems to precede me, it feels like my right to exist is constantly under scrutiny.
No matter how many times people express admiration or claim to find inspiration in my social media presence, it’s that one negative comment that sticks, lingering and gnawing at my self-esteem. It’s a daily battle to overcome these obstacles, and for someone who has endured their fair share of hardships, it’s particularly draining.
I’m sure many other women can relate to this struggle. Moreover, there’s this tendency to label women who speak out as playing the victim card. Frankly, it’s disheartening. That’s why I’ve become increasingly selective about engaging online. This interview marks a significant departure for me, as I’ve largely refrained from public appearances due to the incessant accusations of victimhood.
I want to share with you the unfiltered truth about my life experiences. It’s not about playing a victim card – that won’t put food on my table, pay my bills, or sustain my livelihood. The notion of a victim card is dismissive; it doesn’t address the real struggles we face. Some may perceive my openness about challenges as playing a victim, but that’s far from the truth. I’m simply acknowledging the hurdles I’ve encountered.
It’s incredibly tough for people to grasp your reality. Instead of understanding, they’re quick to judge, criticize, and spread rumours. They’ll label you as overly emotional, assertive, or worse, without considering the battles you’ve fought and the strength it took to overcome them. It’s disheartening when your personal struggles are overshadowed by baseless gossip and scrutiny.
The most painful part is the lack of acknowledgement of your journey. Nobody talks about the countless hours spent preparing for battles in court, the mental health challenges conquered, or the physical changes and hormonal shifts that women face as they age. Society tends to brush these issues aside, reducing individuals to mere stereotypes, ripe for gossip and condemnation.
As a 41-year-old woman, I’m acutely aware of the changes my body undergoes and the societal pressures that accompany them. Yet, these struggles are often dismissed or exploited for gossip fodder. It’s a reminder that despite our accomplishments and resilience, society’s perception of us remains narrow and judgmental.
Many women in the legal profession, particularly those in the Supreme Court, encounter similar challenges. However, I must acknowledge a positive shift in recent times. The judges have become notably supportive and accommodating. It’s truly remarkable. They allow us to present our arguments and make our points heard, even in cases where they ultimately dismiss them. Regardless of the outcome, they ensure that we have a platform to voice our perspectives.
This newfound environment is instrumental in bolstering our confidence. We no longer feel scrutinized or judged based on our gender or professional standing. Instead, the emphasis is on fostering an inclusive space where everyone, regardless of gender, feels empowered to express themselves. Even if we falter or struggle to articulate our arguments convincingly, the judges still provide us with the chance to speak up and be heard.
For women practicing law, this shift has certainly made our journey smoother. We now have a supportive framework that encourages us to participate actively in legal proceedings without fear of bias or discrimination.
How can individuals facing similar situations find support? It’s essential to reach out and seek solace, even if it’s challenging. In my experience, friends outside India often find comfort in supportive communities that share their grief. This support, although seemingly small, can make a significant difference, especially for those from different generations.
This generation possesses a remarkable clarity of vision that I find truly inspiring. I often marvel at how certain they are about their aspirations; a quality I wish I had when I was their age. In my workplace, I am surrounded by exceptionally talented colleagues, particularly women, who exude confidence and decisiveness in their pursuits. Their directness and self-assurance are qualities I deeply admire, especially as I continue to grapple with moments of self-doubt.
I have always had a special admiration for women who excel in their fields. I recall my own approach to work—when a task was assigned to me, it became my responsibility, my challenge to conquer. This same work ethic is evident in the remarkable women I work alongside today. Take, for example, one of my juniors who is currently navigating a challenging phase in her career. Despite the obstacles she faces, I am immensely proud of her resilience and determination. Witnessing her growth and perseverance fills me with pride, and I am confident that she is destined for great success.
You’re deeply committed to mentoring, which is commendable. Have you extended this mentorship to your siblings, given that you’ve essentially established a legal dynasty within your family? Your journey must have been inspiring for them. Could you share more about how you’ve influenced and motivated your sister and brother in their legal pursuits?
My brother and sister, if you were to ask them independently, they would both attest that their successes were entirely self-made. They’ve each carved out their own paths without needing much guidance from me. It’s remarkable how they’ve managed to flourish independently. In our household, everyone is quite aware of each other’s endeavors.
However, collaborating with individuals from diverse backgrounds and mindsets has been a transformative experience for me. Working with these incredible women has been an eye-opener. Take Muskan, for example, she’s sitting right here. She has taught me invaluable lessons. I merely have to express what needs to be done, and somehow, she accomplishes it effortlessly. Her efficiency has significantly lightened my workload, allowing me to breathe more easily since she joined the team.
Then there’s Kinjal. What sets her apart is her laid-back demeanor. She effortlessly integrates modern slang and vibes into her work. It’s truly refreshing to witness their relaxed approach. I’ve always envied their ability to stay cool under pressure. Even now, I find myself bogged down by stress. Yet, these young individuals produce impeccable work effortlessly. Their talent and composure never cease to amaze me. I wish I possessed their level-headedness and skill.
Muskan, even though I had been practicing in NCLAT for a long time when Muskan came, she told me so many things about NCLAT procedures that I had no idea about. And similarly, when Kinjal came. She taught me so many things about lower court proceedings that I had no idea. So it’s just that you learn so many things from them.
Now, shifting gears, could you share how you unwind and manage stress? Specifically, what hobbies or activities do you engage in for your mental well-being? Additionally, given your dedication to fitness, could you elaborate on your workout routine and its impact on your personal and professional growth?
Let me share a bit about my journey. When my husband and I were trying to conceive, I underwent hormone injections, and I was around 80 kgs at that time—I mean, significantly overweight. This led to a myriad of issues, including depression, body image concerns, and a lack of confidence. It was a challenging period.
However, I gradually discovered the power of exercise. The endorphins released during workouts made me feel happier and more content with myself. It became a habit—one that I’ve maintained to this day. Even if I take a short break from the gym, I find myself back there on the fourth day, even if just for some cardio. While I haven’t transformed into a thin person, due to my genetic makeup, exercise has become a cornerstone of my routine.
Starting my day with a workout sets a positive tone that lasts until at least four o’clock. Achieving small victories in the gym, like lifting my body weight during a deadlift, instills a sense of pride and confidence that carries over into other aspects of life.
I’ve been open about having a therapist, and I speak with them once a week. It’s essential to address mental health issues, whether it’s depression or anxiety, which are prevalent among lawyers. Seeking help is crucial; you can only do so much on your own. Since the onset of COVID, I’ve maintained this routine, seeing my therapist regularly.
As for my reading habit, it’s part of my daily schedule. By 8 o’clock, after the kids are occupied, I dive into work, reviewing files and preparing for the next day. By 9 o’clock, I wrap up, and that’s when I look forward to the highlight of my day—relaxing in bed with a book. It’s a simple pleasure that keeps me grounded.
Previously, before I incorporated reading into my routine, I’d anticipate watching a show like Frasier or any comedy series at 9 o’clock. Having something to look forward to at the end of the day helped me navigate through it. That’s been my survival strategy.
How do you tackle the challenge of motivating first-generation lawyers and aspiring legal professionals to take their roles seriously and enhance their skills? How can they overcome obstacles such as lack of mentorship and difficulty in establishing connections within the legal community? What advice would you offer to these newcomers to the profession?
Look, I’ll be the first to admit that I sometimes struggle to keep up with emails and messages. Frankly, we receive an overwhelming volume of them every single day. Ideally, I’d love to have a larger team to ensure every email gets a prompt response. However, the reality is, we operate with limited resources.
As much as I’d love to have a team of interns, our resources simply don’t stretch that far. It’s not about lacking the space; it’s about ensuring that if we do take on interns, we can provide them with a valuable learning experience. I wouldn’t want to bring on interns only to find we can’t offer them adequate stipends or meaningful guidance.
Internships here are rare occurrences, happening perhaps once every couple of months. The main challenge isn’t space but our court commitments. Until 4 o’clock, we’re typically tied up in court proceedings, and even if interns were to join us, the complex nature of legal proceedings means they wouldn’t gain much insight. Understanding court proceedings takes years, not months.
While it’s possible to observe court sessions virtually, it doesn’t necessarily translate to meaningful learning. Instead, I believe interns would benefit more from gaining hands-on experience in lower courts where they can actively engage and learn the ropes of legal practice.
Maybe you can go to the High Court and see how the original side works. But coming directly to the Supreme Court, I think the challenges are huge and very difficult. You can maybe learn bail applications and how they are being argued, but I still think that there’s just so much to learn that in five years you can’t learn all of that.
The other thing I think is that, see, you get to know whether you’re good at it or not. You know, you are always true to yourself. So the moment you know that you’re good at it, and you’re able to generate work, and you think you will be able to do it, you will be able to put in the hours, do it. Do litigation.
But if you think that you’re not cut out for it, don’t waste your time trying to prove something that, you know, is not possible. If I were to be a corporate lawyer, maybe that’s not something that I would have been able to do. I enjoyed litigation and that’s why I’ve been able to do it.
And I think the last thing that I would want to say to the interns. I honestly feel that internship is not the most important thing. Believe me, an internship is no way that one would want anything to happen. Not true. It’s not the internship. But it is primarily what you make of yourself after law school.
You are studying in law school, but once you are out of law school, how willing are you to work in court and learn? You know, there have been kids who’ve come to me and they’ve said that we want work-life balance. I said, that’s fine. My office gives you a work-life balance because it’s quarter to seven.
My office is empty. And this is a Thursday. Why? Because there is always a work-life balance in my office. Nobody has to come into the office in the morning. Everybody comes to the court at 10 o’clock and then by 6.30, everybody’s out. So if then you are coming and telling me that you can’t even put in eight hours or nine hours of work, then I think, then you are not cut out for this profession.
Because the office is closed, now my staff is gone, I have put in 8 hours already, and now I have to put in 6 more hours, be it in the morning 2 hours and 4 hours in the night, to figure out how to do the billing, to figure out, briefing for tomorrow’s matters, like I have a conference at 8.30, now nobody else is going to do it, I will only have to do it, so you have to be prepared that you can work 14 hours a day.
Before we delve into your remarkable career journey, could you please introduce yourself to our readers, sharing a bit about your background, your passions, and what drives you professionally and personally?
I am Awanish Srivastava having experience of more than 22 years in Corporate & Core Litigation, Corporate Law, Agro Litigation, Intellectual Property Management, Contract Management and Corporate Consultancy.
I am Founder & Managing Partner of NAKS & Associates (Advocates & Solicitors), a Pan India Law firm. I am also a Fellow member of Institute of Company Secretaries of India and Regional Council Member, currently holding the post of Treasurer of NIRC of ICSI. I am Law graduate from Delhi University, Master in Law, Post Graduate in Commerce and M.B.A. (Finance). I am an active member of the ICSI, Bar Council of Delhi, Supreme Court, Delhi High Court Bar Association and NCLT Bar Association.
My journey has been driven by a passion for justice and the belief in law as a tool for societal improvement. Professionally, I am driven by the challenge of navigating the complex legal landscape to deliver solutions that not only serve our clients but also contribute to the legal profession’s evolution. Personally, I am motivated by the impact we can make through our work, in both the corporate sphere and community initiatives like Pink & Blue.
You’ve played a significant role in defining new standards of legal services in India through your firm, NAKS & Associates. What motivated you to establish NAKS with such a unique vision of operating as a Corporate Law Firm in a Retail Concept?
The vision for NAKS & Associates stemmed from recognizing a gap in the legal services market – the need for accessible, reliable corporate legal solutions across India. The Idea of Pan India Litigation came into my mind when I was working with a future group where we, as In-house Counsel, were struggling to hire lawyers in small cities and at Taluka level. In the Year 2012, we started Naks as PAN India law Firm with the aim of providing one stop solutions to our clients.
This initiative really created a platform for Corporate at one end and Lawyers in small cities at the other. Further, this platform makes legal assistance more accessible and also allows us to reach a wider level, ensuring that businesses, regardless of size, have access to top-notch legal counsel. Our System helped small Cities Lawyer to handle Big Corporate Clients.
Your work with Pink & Blue- A Symbiotic Living initiative is commendable. Can you tell us more about the initiative and how it’s making a difference in society?
Pink & Blue – Symbiotic Living (A unit of Chamber of Professional (CoP)- A Registered NGO) is a team of expert professionals, working for welfare of Working Women and Prevention of Sexual Harassment at Workplace and this is very close to my heart.
Pink & Blue is operating with the aim of creating awareness among each and every member of society about the ill impacts of Sexual Harassment and the means to prevent & redress the complaints of Sexual Harassment. We have taken a pledge to give Free training and Support to Maximum People for the betterment of the Society and promoting Happy & Healthy Co-Living Workspaces. We are a team of expert Company Secretaries, Advocates, HR Professionals & Social Workers.
We have conducted more than 200 Training sessions so far and trained and empowered more than 2 Lakh People. We have trained and certified more than 140 Posh Trainers who are CS, CA, Advocates and CMA. Our Trainers have successfully conducted training in more than 500 organisations.
Our work is making a difference by educating employers and employees alike, fostering environments where everyone can feel secure and respected. This initiative is a reflection of our commitment to social responsibility, aiming to enact real change in society through education and awareness.
Handling cases involving complex corporate litigation and intellectual property management requires a unique skill set. What are some of the key challenges you’ve faced in your career, and how have you overcome them?
One of the key challenges in handling complex litigation and intellectual property cases is staying abreast of the rapidly changing legal landscape. Keeping updated with the latest laws and judicial precedents requires continuous learning and adaptability. In today’s era, where litigation and judiciary is taking turns frequently, one cannot make distance with reading or upgrading himself with legal knowledge even for a slightest of time period.
I’ve overcome these challenges by fostering a culture of ongoing education, Reading, making notes and knowledge sharing within our firm, ensuring that we remain at the forefront of legal upgradation and best practices.
You’ve served in senior positions as in-house counsel for prominent Corporate like Videocon Telecommunications Ltd. and Future Group. Could you share some insights into your experience in these roles and how they have influenced your approach to legal practice and corporate consultancy?
My career took an airlift when I joined Future Group as Junior Manager. I was responsible for the Supervision and Monitoring of Legal & Liaisoning team of 12 members of PAN India for Legal, Contract Management, Regulatory, Liaisoning and Compliance related issues/matters. I was awarded Best Employee at Future Group for 2 (two) consecutive years and an Appreciation Award from CEO for my performance in supervising PAN India Legal & Liaisoning Team.
Thereafter, I joined Videocon Group as Deputy Manager, Videocon Telecommunication Ltd. and I was responsible for Litigation and Contract Management. I have handled highly reported 2G Litigation matters in Videocon.
Working with Future Group and Videocon Telecommunications Ltd. was a defining period in my career. These roles taught me the importance of aligning legal strategies with business objectives.
This experience has been instrumental in shaping my approach to corporate consultancy, where the focus is not just on legal compliance but on facilitating business growth and protecting intellectual assets in a strategic manner.
Your firm, NAKS & Associates, operates in more than 700 districts in India, which is quite impressive. What strategies have you implemented to ensure such extensive coverage and maintain high-quality legal services across different regions?
With the increase in technology and awareness in the small Cities, the litigations against the companies are also increasing day by day. Due to increase in consumer cases, Civil Cases, Criminal Cases and others litigation, big corporates are facing the problems of appointing counsels at various places in India including small cities to represent them even at the remote locations. I faced similar kind of difficulties when I was working in Future Group and Videocon and these difficulties motivated me to start Naks in this concept to provide Pan India Litigation services support to our clients where they get representations even at far reaching locations.
The strategy for achieving extensive coverage while maintaining high-quality legal services hinges on leveraging technology and building a strong network of legal professionals. We’ve implemented robust training programs to ensure uniformity in service quality and employed technology to manage cases efficiently across different regions. This blend of human expertise and technology enables us to serve our clients even in far corners of the country with a high standard of legal assistance.
As a Fellow member of the Institute of Company Secretaries of India, what advice would you give to young professionals aspiring to build a successful career in corporate law and litigation?
For those aspiring to build a career in corporate law and litigation, my advice is to join the Company Secretaryship Course.
A ‘Company Secretary’ is a senior, strategic-level corporate professional who plays a leading role of a Key Managerial Personnel (KMP) entrusted with the responsibility of the company’s Corporate Governance. Corporate Governance is more than just complying with laws, regulations, standards and codes; it is also about creating a culture of good management practices. The position of a Company Secretary as the KMP comes close to that of the Chief Executive Officer or the Managing Director and underlines the importance of the role played by him in the company.
After completing Company Secretary course, one has enormous opportunity to become KMP, Secretarial Heads, Head Contract Manager, Compliance Head, Regulatory heads, General Counsel, Practicing Company Secretary, Insolvency Professional, Registered valuer, Appearance before various tribunals.
Young professionals can build successful careers in corporate law and litigation by continuous Learning and Practice. The legal field is ever-evolving, and success requires not just a solid foundation in law but also an understanding of business principles and technological advancements. Focus on building a diverse skill set that includes legal expertise, business acumen, and emotional intelligence.
Balancing a successful legal career with social responsibility and community service can be demanding. How do you manage to juggle these responsibilities effectively?
Balancing a demanding legal career with social responsibility involves setting clear priorities and being passionate about your social initiatives. For me, initiatives like Pink & Blue are not just additional responsibilities but integral part of my professional identity. Effective time management and a supportive team are crucial in managing these dual aspects seamlessly. Decentralising decision making at execution level, wherever necessary and having established a tried & tested reporting system helps minimizing any unfortunate incident of error in the system which indirectly helps me spare some moments for initiatives like Pink & Blue.
Given your extensive experience and expertise, what are your thoughts on how the current generation can better understand their strengths and identify the right career path for themselves, especially in the legal profession or corporate world? Do you have any advice on discovering one’s true calling and leveraging their strengths effectively?
Understanding one’s strengths and finding the right career path requires introspection and exposure to different experiences. I encourage the current generation to seek mentorship, engage in diverse internships, and participate in community service to gain a broader perspective. Discovering your true calling is a journey of exploring your passions and how they align with your professional aspirations. Embrace opportunities to learn and grow, and don’t be afraid to chart your own path in the legal profession or any field you’re passionate about.
Could you share with us the pivotal moment or series of events that led you to pursue a career in law? Additionally, how has the support of your family influenced your journey, and what challenges did you encounter during your formative years in the legal profession?
I got acquainted with law quite early in my life. My father laid down the foundation of law in our family. During my school days, my father picked me up after school and I used to spend time at his office – Central Agency, Supreme Court of India before heading back home. So, since class IV, I have been visiting the Supreme Court. After completing my school education, I pursued law for graduation and the interest developed. I kept pestering my father about the legal propositions and understanding of judgments. His library became my favourite place to put what I was taught to test. The like came but love happened later. I joined the chambers of Shri Uday U. Lalit (later elevated as Judge of Hon’ble Supreme Court of India and appointed as Chief Justice of India) firstly as an intern and then as a junior, I saw him mastering the art of reading thick paper-books, applying the legal principles and arguing the matter the next day with utmost precision. Over the years I fell in love with the profession.
My family, especially my father, kept pushing me to venture out of his office and explore the diversity which the profession carries. So I developed the habit of sitting in court and observing seniors argue the matters, preparing notes, noting down judgments advanced and later waiting to read that judgment whenever pronounced. I recollect that sometime in 2012-13 I was in Court No. 2 (Supreme Court) and a trademark suit was being heard at its appellate stage about a matrimonial site saying the other one infringed its right. As the question involved online infringement the Ld. A Senior Advocate assisting the court was asked a question as to how the claim is maintainable. Though I was a mere spectator it clicked me to online search on my mobile phone and see what happened and there it was. I explained it to his associate, the senior was impressed immediately and handed the mobile phone to Hon’ble Judges who noticed the issue and granted relief. These experiences keep pushing you and help you think on your feet.
This profession is a hard task master in many ways. One has to keep learning and being updated about the judicial pronouncements while simultaneously managing clientele and keeping the ethics above all. I find the legal profession to be enthralling and at the same time keeping you resilient.
Your reported judgments span various legal domains. Could you share a particularly memorable case and the legal principles it involved?
There are a few, but I guess I have to refer to Awadhesh Kumar v. State of Uttar Pradesh reported as (2019) 10 SCC 323 wherein the High Court had erred in applying Exception 4 to Section 300 IPC and set aside the judgment passed by Trial court which had found the accused guilty under 302 IPC. The accused persons tried to kill the mother of complainant Awadhesh Kumar (whom I was representing) and a case was initially registered under Sections 307, 504, 506/34 IPC, however, subsequently on the death of Awadhesh’s mother, the case was converted into one under Section 302 IPC. The Trial court had found it to be fit case for 302 IPC and had passed life sentences against one of them and acquitted the other three. The convicted accused moved the High Court which modified the conviction to Section 304 Part I IPC sentencing him to 10 years rigorous imprisonment. I filed a Special Leave Petition on behalf of the complainant, who was not a party before the Trial court or the High Court. My submission was that the High Court committed a grave error in modifying the conviction from that of Section 302 IPC to that of under Section 304 Part I IPC as exception 4 to Section 300 IPC would be attracted only when there is a fight or quarrel which requires mutual provocation and blows by both sides in which the offender does not take undue advantage. Hon’ble Supreme court allowed my appeal and set aside the judgment passed by High Court and modified the conviction from Section 304 Part I IPC to Section 302 IPC and the accused were directed to surrender before the Court concerned to undergo life sentence as was imposed by the trial court.
Mr. Awadhesh had tears in his eyes when the judgment was passed as the accused almost got away with his crime but was finally brought to justice.
As someone who successfully cleared the Advocate-on-Record Examination, could you shed some light on the preparation process? What strategies or resources did you find most helpful in preparing for such a rigorous exam?
This I get to answer a lot. The daily court grinding works as a manure and itself becomes part of preparation. If you are regular to the Supreme Court and involve yourself in all the process, right from researching to preparation to drafting to filing, listing and arguing the matter, you are already preparing yourself for the examination.
I guess the difficult part isn’t the examination itself but the transition from a professional to a student all in the same day as you have to do everything above mentioned during work hours and study like a student during the rest of the day.
To the advocates taking this exam, I would suggest taking your time but read thoroughly the Supreme Court Rules, Leading cases, Bar council rules and practice writing as by the time you are preparing for the exam this habit starts fading away.
Beyond your legal career, you’ve been involved in guest lectures and events related to broader societal issues. How do you see your role as a legal professional intersecting with your broader interests and social responsibilities?
As a person practicing law, you automatically become an activist fighting for a cause, a critic of the government, a benefactor of humankind and with it comes responsibilities. I had the privilege of being invited on women’s day to speak on ‘Women Laws in India’ at an event hosted by Vayu Sanginis (Indian Air Force). Amongst the guest lectures, I recollect one at Rashtriya Raksha University, Gandhinagar, Gujarat which was an enriching experience speaking on the topic of Legal Dimensions of Serial Killers.
During the legal rigmarole, we come across certain individuals who are in need of justice but are economically weak and by default I try helping at least a few by taking up cases pro bono. So, whenever I am approached to educate or help someone needy, I try to serve the society with my limited knowledge.
See we are called ‘officers of the court’ and our foremost duty is towards the court and so the demeanour of a lawyer outside court is more important than his obvious humility towards court. It is our collective duty to allocate time while being committed to the cause.
How does the role of an Advocate-on-Record differ from other legal positions, and what unique responsibilities does it entail? Also what are some common misconceptions about the Advocate-on-Record role, and how would you clarify or debunk them?
The Supreme Court Rules provide for an Advocate-on-Record to plead and file an appearance or act for a party in the Supreme Court of India. The rules further say that no advocate other than an advocate-on-record can appear and/or plead before the Supreme Court unless instructed by an Advocate-on Record. So yes, as you become the natural pleader before the Supreme Court, it is a big responsibility.
Misconceptions are quite a few and I would address one of the most common of them: that only Delhi NCR based lawyers can appear in the AOR exam, this is so far from the truth. Any advocate enrolled with the bar council of any state and having completed four years at the bar and having undergone training from an Advocate-on-Record of at least 10 years standing is eligible to appear in the examination. Yes, having an office within 16 km radius of the Supreme Court and appointing a registered clerk comes later but if one is keen on taking up the exam and practicing before the Supreme Court, this is a given.
Outside of your legal profession, what hobbies or personal interests do you pursue to unwind yourself?
I am glad you asked this, as most people think lawyers are hermits. Someone said that it is very necessary to have vices. The legal profession is daunting and requires passionate commitment but unwinding becomes a necessity to give tranquility to the otherwise pandemonium-infused mind. I love to travel, watch movies and I have an ear for music. During my college years I used to do weightlifting for fun and then couldn’t carry on but I recently developed a penchant for weightlifting. I feel it provides peace and relaxes the brain. My wife and I often play badminton in the evenings.
Given your experience, what advice would you give to young lawyers aspiring to practice at the Supreme Court level or aiming to become an Advocate-on Record?
Equip yourself with the knowledge, experience and procedure as much as you can. Young lawyers often think about practicing directly before the Supreme Court, me included, nothing wrong in it. But from my experience I can say that the command on law required at the Supreme Court is at a much higher pedestal. It would not be wrong to say that there is no scope for error. So, my advice to upcoming advocates would be what I actually did. That is to work with an advocate who appears regularly before the Supreme Court for some time. Later find a chamber which allows you to hone up your skills. And finally associate yourself with a senior who lets you argue to again develop that art too. I am grateful to my father and Shri Santosh Kumar Tripathi (Standing Counsel, Delhi High Court) who helped me develop that art.
As a law officer for the Government of Uttar Pradesh, could you shed some light on the specific duties and responsibilities that come with your role, and how these duties contribute to the effective functioning of the government and the administration of justice?
As I have said earlier, assisting the court is our primary duty and being a lawyer, you become a critic of the policies of the government. Being a law officer, one has to walk the sharp sword of fulfilling both the responsibilities. A lawyer appearing for a State or any institution bears the load of conveying the cause behind the action brought in question by the litigant and in some cases bringing justice where the State acts as a bridge to the society.
The balance of power is needed for effective functioning of the government and there comes the administration of justice, we lawyers in our duty as law officers for the government serve as the escapement ensuring that the wheels never collapse and there is a constant transmission between the government and the justice system.
You’ve experienced both independent practice and working within legal teams. What differences do you notice between the two, and do you find yourself missing aspects of teamwork when working independently, or vice versa? How do these experiences shape your approach to collaboration and autonomy in your legal practice?
Litigation itself involves at least three heads, the applicant, the defendant and the judge. We three work together to bring justice to the aggrieved. Now each of the three heads have their own way of working and have a team which helps them fulfill their tasks. So independent practice basically means where you are heading the show and working within a legal team may or not necessarily mean spearheading. No doubt working with a legal team supplements your approach towards a case but if you are not the decision maker sometimes you just wonder whether there could have been a different outcome. Working independently, you have that liberty albeit risk to proceed forward with your school of thought.
Can you share with us your journey from practicing law at Daksh Law Firm to transitioning into the corporate sector with multinational corporations like DuPont, PricewaterhouseCoopers, and Honeywell? What motivated this shift, and how did your experiences shape your approach to legal matters in the corporate world?
It was an interesting one. I had no clue that one can become a corporate lawyer too. Coming from a small town, I only knew about practicing in courts. Then, I started interacting with in house counsels of our clients and understood how much we could do as corporate lawyers. That triggered the interest in being one and I never felt like going back. In the corporate world, you are part of business so one has to own and live the legal advice provided unlike law firms where one can separate themselves from it.
You’ve had extensive experience in handling various legal aspects such as litigation, contracts, mergers & acquisitions, and compliance across diverse industries. Could you elaborate on how your legal expertise intersects with your role as a business enabler within these industries?
Every facet of what we do in the legal department has a key role to play in any decision making on the strategy of the organization. For instance, our learnings from a litigation or contract could play a key role in making a decision of what business could be good/ lucrative for the future of the company. Gone are the days when Legal was being consulted only when there was a dispute. These days, Legal plays a crucial role in enabling business and making it profitable.
Being recognized as a leader with a strong ethos of collegiality and mutual respect, how do you foster a culture of integrity, compliance, and accountability within your organization, especially when dealing with complex business challenges?
It starts from you. If you stick to integrity and compliance in the very turbulent and stressful situation, people see you as a role model. The cost of non-compliance could be super expensive. It’s not always pecuniary, sometimes it could lead to massive reputational damage. If you are able to show that to others, it’s not difficult to get them on your side.
Throughout your career, you’ve worked with teams comprising members from different countries and industries. How do you navigate cultural and professional differences to ensure effective collaboration and achieve common business goals?
I have gone through multiple cultural training sessions that have helped me understand the fundamentals of many cultures. It helps in customizing the messaging when working with people from different countries. The business goals are always the same. So, if you are able to convince others that we are working towards a common goal and how you are there to support and achieve that, it’s not difficult to resolve conflicts.
Given your background in both law and business, how do you balance legal considerations with strategic business objectives, particularly when advising on high-stakes transactions or corporate governance matters?
In my view, it acts as a plus. Good understanding of business and law helps strike the balance when working with stakeholders from different departments. You are able to appreciate their perspective and help them see yours.
As someone who has been involved in multi-billion dollar transaction deals and has set precedents in legal matters, could you share some key insights or lessons learned from your most challenging cases or deals?
It’s always easy to say “no” but your value is understood by Business when you say it rarely. No business is risk free. So, working towards minimizing the risks could lead to successful outcomes and relationships. There were times when in challenging negotiations, I asked other party questions till I understood the reason for their reluctance in agreeing to something. When I came back home, I did not know what the solution was but since I had understood the problem, it was not difficult to find an answer through some introspection and out of box thinking.
With your extensive experience in areas such as data privacy, cyber laws, and competition law, how do you stay updated with evolving legal landscapes and ensure compliance with changing regulations, especially in the digital age?
I spend dedicated time over weekends to study. I also attend conferences and round table discussions where I find topics of interest. Also, I organize monthly knowledge sessions by law firms on evolving subjects for my team to upgrade ourselves. Interactions with peers from industry also help stay updated. This also helps keep a tab on upcoming trends and it makes it easy to keep pace and stay compliant in the changing world.
Your journey from being a top-performing student to receiving accolades such as the General Counsel of the Year reflects a remarkable career trajectory. What advice would you give to fresh graduates aspiring to pursue a similar path in law and business, especially in terms of navigating challenges and seizing opportunities in the professional world?
Never compromise on your integrity, stay persistent, keep learning and think “out of box”
Can you walk us through your journey into the field of law, particularly specializing in intellectual property rights? What drew you to this area of practice?
My initial interest in law began during my school days when I had an interaction with one of my close family friends, who was a well-known lawyer, practicing at the Supreme Court. After high school, I wrote the entrance exams of the first five-year L.LB. (Hons.) course offered by the Guru Gobind Singh Indraprastha University in Delhi. I cleared the exams and joined Amity Law School to pursue the L.LB. (Hons.) course. My plan was to join my relatives after graduation. Unfortunately, this was not to be, as my relative passed away before I graduated in 2004. Unlike the present times, job opportunities were few and far (at least for first generation lawyers) during that time but with a little assistance from one of my batchmates, I was fortunate to get an interview at the Indian Red Cross. I joined the Indian Red Cross as a law officer and worked for almost 2 years. At that time, IP was an upcoming field of law and I wanted to explore it. Incidentally, I came across an opportunity at Remfry & Sagar, an IP Boutique Firm, sometime in 2006. I was interviewed for the Trade Marks (Litigation) practice and was selected. This was the beginning of my journey as an IP lawyer. As a part of my first assignment, I was required to work on a large litigation that was transferred from another Firm. As destiny would have it, I ended up handling this litigation, which over time grew manifoldly, till I was with Remfry & Sagar. Working with a boutique IP firm for more than a decade, helped me learn the intricacies of IP law and practice. Additionally, the firm also taught me the significance of time management and discipline at the workplace, which I value to date. While I was a part of the Trade Marks (Litigation) team, I used to work closely with other teams as well. The dynamic nature of IP law, coupled with its intersection with technology, business, and culture, also led me to specialize in this area of practice.
Your work experience showcases a significant trajectory from being a Law Officer at the Indian Red Cross Society to now being a Partner at Shardul Amarchand Mangaldas & Co. How did your early experiences shape your career path and your approach to practicing law?
My early experiences as a Law Officer at the Indian Red Cross Society provided me with a solid foundation in legal practice. Working in a multifaceted organization like the Red Cross exposed me to diverse legal issues ranging from civil cases, review of complex agreements, international humanitarian law issues and advocacy. I was also involved in organizing IP awareness programs at the Red Cross. The experience taught me the importance of being focused, adaptable, and thinking strategically in navigating complex legal matters.
As I progressed in my career, each role I undertook further shaped my approach to the practice of law. All throughout my career, I have always strived to leverage my expertise to achieve best outcomes for clients, while upholding the highest ethical standards. My early experiences taught me the value of diligence, discipline, perseverance, and continuous learning in the profession, traits that I have always tried to hold onto till date.
Throughout your career, you’ve handled a variety of cases ranging from civil and criminal cases to IP litigation. Could you share with us a particularly challenging case you’ve encountered and how you navigated through it?
One particularly challenging case that I encountered involved a high-stakes trade mark dispute between a well-known foreign newspaper and a big Indian publishing house. The case involved complex legal issues pertaining to violation of trademarks and newspaper titles. The case, which started as a singular lawsuit, quickly spread across multiple jurisdictions and forums. Additionally, the case had significant commercial implications for both parties, including potential damage to their respective brand reputations and market share. While dealing with the case, I conducted thorough research, gathered extensive evidence, and assisted in formulating a robust legal strategy tailored to the unique facts of the case. This ensured that we were able to safeguard our client’s interests. This experience underscored the value of diligence, thorough research and strategic thinking and decision making in achieving successful outcomes in litigation.
As a Partner at Shardul Amarchand Mangaldas & Co., you’re deeply involved in both the litigation and transactional aspects of intellectual property law. How do you balance these different aspects of your practice, and what unique challenges do each present?
Balancing the litigation and transactional aspects of Intellectual Property Law requires a versatile approach that combines expertise with strategic foresight and commercial acumen to understand clients’ specific business needs.
In my present role at Shardul Amarchand Mangaldas & Co., I assist and advise clients in IP litigation, prosecution and transactional IP issues such as licensing, franchising, and technology transfer. To effectively balance these different aspects of the practice, I rely on a combination of strategic delegation, collaboration with colleagues from other practice areas and effective case management. One of the unique challenges of balancing litigation and transactional work is managing priorities and deadlines, while maintaining the highest standards of quality and client service. To address this, I emphasize on strategic planning, and proactive assessment to anticipate potential issues and risks. The goal always is to provide holistic legal solutions while keeping clients’ business needs in mind.
In addition to your legal practice, you’ve been actively engaged in speaking opportunities and publications, both nationally and internationally. How do these activities complement your work as a lawyer, and what motivates you to participate in them?
Speaking opportunities and publications complement my work as a lawyer by allowing me to share insights, expertise, and thought leadership on key legal and industry issues. These activities enhance a person’s professional visibility and credibility and also leads to knowledge sharing with other legal professionals and clients. It also fosters strategic partnerships with industry stakeholders. These activities provide a valuable opportunity for professional development, personal growth, and continuous learning. They challenge me to stay informed, think critically, and push the boundaries of my expertise, thereby enhancing my skills as a lawyer and enriching my overall professional experience. I am of the view that sharing knowledge, experience, and perspectives with others, is the best means for updating oneself with the latest developments in law and strategy.
Your involvement in administrative decision-making and resource management within the IP practice at your firm indicates a leadership role. What strategies do you employ to effectively manage and empower your team?
For effective management and empowerment of the team, I have always adopted the “people first” approach. The emphasis is also on proactiveness, leadership, mentorship of other colleagues, and professional development.
The approach adopted by me is to foster a culture of client excellence, innovation, and accountability for work. I encourage open communication, mutual respect, and constructive feedback to create a supportive and inclusive work environment, where team members feel valued, motivated, and empowered to excel. Team members are also encouraged to enhance their skills, expand their knowledge, and achieve their career goals. I strive to provide guidance, support, and opportunities for growth that enable team members to realize their full potential and contribute to the success of the IP practice. By investing in the development and well-being of my team members, I believe I have been able to create a team which has achieved sustainable growth and success.
You’ve been recognized as a top IP lawyer in India and have received awards for your contributions to IP litigation. What do you attribute your success to in this highly competitive field?
In one word “determination”. My success can be attributed to my determination to be able achieve what I set-out to do at various stages of my career. I have always tried to stay ahead of the curve in terms of legal knowledge, skills, and expertise. Additionally, my ability to build strong relationships, both within the Firm and with clients has contributed to this success. I have been able to forge long-lasting partnerships that have fuelled my professional growth and contributed to my reputation as a trusted advisor to clients in the field of Intellectual Property Law. The support and mentorship of seniors throughout my career has also been instrumental in me being what I am today.
Lastly, considering your wealth of experience, what advice would you give to fresh graduates or aspiring lawyers looking to specialize in intellectual property rights or law in general?
For fresh graduates or aspiring lawyers looking to specialize in Intellectual Property Rights or law in general, my advice would be to cultivate a habit of continuous learning. Also, as cliché as it may sound, there is no shortcut to success, especially for a lawyer. So be ready to put in the hard work; be patient; adhere to your values; build a strong foundation in legal theory, research, writing and develop the ability for critical thinking. All these skills are required, especially for someone wanting to specialize in Intellectual Property Law, as it is a dynamic field that requires a deep understanding of legal principles, industry dynamics, and emerging trends. Also, I would advise aspiring lawyers to stay curious, adaptable, and open-minded, as the legal landscape, especially in the present times where technology and market dynamics have come to play a vital role, is constantly evolving.
