Starting with your journey, could you share with us how you began your career in law, particularly focusing on your early days and what drew you to specialize in Intellectual Property matters?
A career in law was almost a given, since I grew up seeing my father, who’s also a lawyer, burn the midnight oil to build up his law practice and how despite putting in hours and hours of his day in his cases, he never seemed to get tired, his determination fuelled by the sense of satisfaction he derived from achieving justice for his clients. Since my father’s practice primarily focuses on IP law, my own interest in this branch of law was undoubtedly influenced by him. However, I also consider myself fortunate to have entered the legal profession during a pivotal moment in India’s legal landscape, when our laws were being amended to ensure they are TRIPS compliant. This period marked a significant turning point in the discourse surrounding intellectual property in India, and I was eager to be a part of the dynamic debate and evolution within this field.
Being actively involved in organizations like the International Trademarks Association (INTA), what inspired you to take up leadership roles in the organization, and what are some of the key responsibilities you undertake in your current positions?
I was fortunate to become a part of INTA early in my legal career, joining from the very first year I became a lawyer. INTA has played a crucial role in broadening my understanding of IP law, not just within the context of India but also on a global scale, keeping me informed about the latest developments and trends in the field and forging lifelong friendships with lawyers around the world. As I dedicated my efforts and time to volunteering with INTA to advance its objectives, I found myself taking on leadership roles within the organization.
Currently, I have the privilege of serving as the Chair of INTA’s enforcement committee, which is an integral part of INTA’s Advocacy Group. In this capacity, my responsibilities are to lead a team of about 180 members from around the world examining legislations and IP policies worldwide, particularly focusing on enforcement issues. We advocate on pressing matters in IP, aligning our efforts with INTA’s established positions on these issues. It’s truly fascinating work, and I find great satisfaction in contributing to the advancement of IP law on a global scale.
As the Managing Partner of Worldwide Intellec, you hold a significant leadership role within the firm. Could you tell us about your responsibilities in this position and how you navigate the balance between overseeing the firm’s operations and continuing to actively engage in legal practice?
Running your own firm, regardless of its size, presents a stark contrast to being solely a practicing lawyer. The role of a Managing Partner encompasses a multitude of responsibilities beyond legal matters. It involves overseeing operations, managing human resources, ensuring efficient billing processes, and ultimately taking accountability for anything that goes wrong, regardless of its origins. My responsibilities extend to maintaining a comprehensive overview of all aspects of the firm’s functioning.
While I refrain from micromanaging every detail, as it’s neither feasible nor conducive to productivity, there are instances where my intervention becomes necessary. Striking the right balance between attending to the firm’s administrative needs and continuing to actively engage in legal practice is indeed a delicate task. It entails allocating time effectively to both facets of my role—nurturing the growth of the firm while also fulfilling my duties as a practicing lawyer.
In your opinion, what are some of the biggest challenges currently facing the field of Intellectual Property, and what steps do you think can be taken to address them effectively?
In my opinion, one of the most pressing challenges confronting the field of Intellectual Property (IP) is the rise of artificial intelligence (AI) and its implications for IP law. While it’s challenging to single out one issue as the most significant, the rapid advancement of AI presents a formidable obstacle and challenges the very fundamentals of IP law. The trajectory of AI development is bound to test the boundaries of IP law in unprecedented ways.
As AI continues to evolve, we’re encountering complex questions regarding ownership, authorship, and the protection of creations generated by machines. It’s inevitable that we’ll need to grapple with the legal frameworks surrounding machine-created inventions. Embracing AI-driven innovations will necessitate a re-evaluation of existing IP laws to ensure they remain relevant and effective in the face of technological progress.
As the Chair of the Enforcement Committee and Co-Chair of the Global Advisory Council for South East Asia at INTA, what are some of the key initiatives or projects you’ve been involved in, and how do they contribute to the field of Intellectual Property enforcement?
As part of the Enforcement Committee at INTA, I’ve had the privilege of being part of various initiatives that significantly contribute to the field of Intellectual Property enforcement.
One notable project we recently undertook within the Enforcement Committee was the comprehensive evaluation of laws pertaining to preliminary injunctions across more than 60 countries worldwide. This involved analysing existing practices and identifying best practices in this aspect of IP law. Additionally, we conducted a thorough examination of laws concerning the grant of damages in several jurisdictions, pinpointing areas where legislative gaps exist and improvements are needed.
These endeavours resulted in the formulation of board resolutions by INTA, reflecting the collective insights and recommendations of our team. Witnessing the culmination of efforts into concrete policy positions is immensely gratifying. It underscores the importance of collaborative efforts in shaping the landscape of IP enforcement.
You’ve been invited to speak at various seminars and conferences worldwide on Intellectual Property issues. Could you share a bit about the topics you’ve addressed and the experiences you’ve gained from these speaking engagements?
I have been fortunate to have the opportunity to share my experiences and insights in the field of Intellectual Property (IP) law at numerous seminars and conferences worldwide. Each of these engagements has played a pivotal role in broadening my perspective and deepening my understanding of various facets of IP.
From conducting IP awareness programs aimed at educating stakeholders about the importance of intellectual property rights, to delving into complex topics such as digital rights management and copyright law, I have had the privilege of addressing a diverse range of subjects. These speaking engagements have allowed me to engage with audiences from different backgrounds, facilitating meaningful discussions and exchanges of ideas.
One particularly notable experience was speaking in Geneva at the 15th session of the Advisory Committee on Enforcement (ACE) convened by the World Intellectual Property Organization (WIPO). This platform provided an invaluable opportunity to contribute to discussions on global IP enforcement strategies and initiatives, alongside esteemed delegates from around the world.
In today’s digital age, online infringement of intellectual property is rampant. How do you approach the challenge of protecting your clients’ IP rights in the virtual realm, particularly in the face of emerging threats like deepfakes and AI-generated content?
In today’s digital landscape, the rampant infringement of intellectual property (IP) online presents a formidable challenge for lawyers tasked with protecting their clients’ rights. What I’ve learned is that there’s no one-size-fits-all strategy in this world. Each case presents its own unique complexities, and what works in one instance may not be applicable in another.
Emerging threats like deepfakes and AI-generated content further complicate matters. While it’s tempting to rely solely on legal frameworks to address these challenges, the reality is that a multifaceted approach is necessary. As the saying goes, “When all you have is a hammer, everything looks like a nail.” Instead, the solution lies in a combination of technology and law.
Integrating technological solutions alongside legal strategies can enhance our ability to combat online infringement effectively. This might involve employing digital tools for monitoring and detecting unauthorized use of IP, implementing robust encryption and authentication measures, and leveraging artificial intelligence for proactive enforcement measures.
By embracing a holistic approach that incorporates both technological advancements and legal expertise, we can better safeguard our clients’ IP rights in the virtual realm. It’s imperative that we remain adaptable and innovative in our approaches to address the evolving landscape of online infringement.
Apart from your professional endeavours, do you have any personal hobbies or interests that you enjoy pursuing in your free time?
Well, between the demands of practicing law and running a firm, free time is a rare commodity. But when I do manage to carve out some moments, I like to retreat to my first love – music. Playing the piano has always been a passion of mine, and I’ve even set up a small recording space of my own. It’s my go-to sanctuary when I need a bit of solitude and creative expression amidst the hustle and bustle of professional life.
Given your wealth of experience, what advice would you offer to the current generation of professionals aiming to build a successful career in law, particularly in the realm of Intellectual Property?
The practice of law can be very demanding. Do not give up, and do not work for money in your formative years. Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice. And trust me – truckloads of money will follow you, eventually!
Dr. Kalyan, as a founder, could you give us an overview of BananaIP Counsels and describe your current responsibilities within the firm?
Absolutely. At BananaIP Counsels, we pride ourselves on being a forward-thinking IP firm that is not only technology-driven but also champions diversity, with a strong emphasis on women leadership and inclusivity of persons with disabilities. Our combination of technological specialization, legal expertise, and business insight allows us to provide high quality IP services to clients.
Our firm has specialized departments led by experienced partners in various technology sectors. Additionally, we also have focused departments dealing with Trademarks, Copyrights, E-commerce Law, Entertainment Law, Open Source Law, and Technology Law, some of which are integrated IP divisions.
In my current role, I lead the innovation, consulting, and strategy department of the firm. Our department focuses on the strategic IP needs of our clients, and the professional growth and knowledge development of our associates. We handle strategic and complex IP projects that cover a broad spectrum, from IP mining and audits to devising IP protection strategies, and from resolving disputes to facilitating licensing and commercialization efforts.
Interesting! We noted that this year marks the 20th anniversary of BananaIP Counsels. Could you share some insights into the firm’s evolution and highlight some of the key milestones achieved along the way?
BananaIP Counsels is marking its 20th anniversary this year, having initially taken root in IIM Bangalore’s entrepreneurship cell (NSRCEL) back in 2004 as Brain League IP Services. Our journey through the years has been a tale of survival, stabilization, and success. Despite the hurdles and destabilizing events encountered along the way, we have achieved at least part of what we set out to do. We believe that our efforts have contributed to the current IP ecosystem in India at different levels. Overall, our endeavors over the past 20 years have fostered IP knowledge development, human capital growth, policy and legislative advancement, and the enhancement of IP service standards.
From your experience, what is your assessment of the current IP landscape in India? Additionally, can you tell us your predictions for its development over the next decade?
Over the past twenty years, the Intellectual Property (IP) system has witnessed considerable advancements in terms of IP filing numbers, the processes and systems introduced by the IP office, enforcement mechanisms, and the judiciary’s responsiveness. As of now, the IP system in India can be described as ‘reasonably friendly’.
Despite these advancements, there remains substantial work to be done to cultivate an IP ecosystem in India that is both business-friendly and equitable. Currently, the system faces challenges such as limited accessibility, inconsistency and diversity in Court processes and speed, difficulties in digital IP enforcement, an underdeveloped licensing framework, and low hygiene levels. Over the next five to ten years, I anticipate progress in these areas, and I also expect a significant rise in IP filings and registrations.
I believe the upcoming decade will be a ‘golden era’ for IP in India.
With the ongoing discussions around Artificial Intelligence (AI) and its influence across sectors, what impacts do you foresee AI having on the field of IP, specifically regarding IP management and practices?
Today’s discussions on AI encompass a range of IP issues, including protectability, ownership, enforcement, and dispute resolution. While important, these topics will not be the focus of this response. Instead, I will briefly touch upon how BananaIP is leveraging AI in our operations and our future plans for its use.
BananaIP has always been an early adopter of technology, and we have developed several tools to enhance the quality and efficiency of our work. Currently, we utilize AI to assist us in reviewing and refining our work products, and to supplement some of our file management and communications. Due to concerns over confidentiality, we do not use AI for drafting patents and designs at this time.
Additionally, we have developed complementary tools that aid in file management and the review of competitor filings. We are also in the process of creating predictive and analytical tools aimed at automating audits, portfolio management, and project documentation.
While General AI has the potential to draft legal documents, the quality of its current output does not yet meet our firm’s standards. However, we anticipate significant advancements in this area, and believe that AI will soon be capable of producing first drafts that exceed the quality produced by our new recruits. Although we do not foresee AI replacing IP professionals in the near future, we do expect a notable adjustment in the distribution of tasks and responsibilities.
Looking ahead, our goal for the next three years is to develop proprietary tools that will assist us in creating certain deliverables, reviewing projects, and automating manual processes. Whether we like it or not, I believe that the IP profession has to adapt to the advancements in AI technology, and we must reconsider some of our current practices.
Based on your experience, do interdisciplinary teams having technology, law and business experts work well together? What has your experience been?
Our experience with interdisciplinary teams has been excellent. The interdisciplinary approach at BananaIP fosters a stimulating and intellectually rewarding work environment. Our operational model blends the openness of research labs with the structured discipline of law firms. Our team comprises technology specialists, many of whom are also qualified patent agents or attorneys with a deep understanding of the law. Our lawyers specialize in IP, and have an open mind to learning the science and technology relevant to their work. They bring unique perspectives and contributions to each project, which add significant value to our work products.
We have learned that BananaIP does not function like a typical law firm, and has a unique culture. Can you tell us about your culture and values?
BananaIP offers a welcoming, intellectually stimulating and open work environment. We value balancing work and life as much as we value our clients’ IP and business needs. Unlike many IP law firms, we don’t have a strict hierarchy and rigid structures. Our structure is mostly flat. Diversity, equity, and inclusion are integral to our culture and values.
Honesty, integrity, and dedication to our client’s cause form the core of all our services.
You have been talking a lot about accessibility off late, why do you believe accessibility is crucial for the IP system?
One of the primary objectives of the IP system is the benefit of the public. It promotes creativity and inventive activity, and grants exclusive rights over inventions and creations with the objective of eventually benefitting the general public. This objective is achieved through access, disclosure and publication of ideas and creations, and unless these are fully accessible, a large portion of the public will not be able to benefit from them. In other words, accessibility of the IP system and disclosures plays an important role in achieving the ultimate goal of public benefit, and if there is no accessibility, the very purpose of the IP system will not be served. Therefore, it is important to make the IP system fully accessible to everyone, and to ensure that no one is left behind.
In your interactions, you have often highlighted the suitability of the IP profession for individuals with disabilities. Could you explain your perspective on this?
Certainly, to start with, let me state that I am a person with blindness, and I have been able to successfully practise as an IP attorney. This of course would not have been possible without the help and assistance of my colleagues, and confidence reposed in me by my clients. From my experience in the field, I strongly believe that the IP system is very suitable for persons with disabilities. Many reasons led me to this belief, and I will tell you three of them:
A. Firstly, IP filing and prosecution is today fully online, and one can practise this without the barriers relating to physical movement and inaccessible premises. Several Courts have also gone online, and have taken some steps to facilitate accessibility of documents and materials.
b. The IP Office has issued accessibility guidelines, and has established a system to seek reasonable accommodations. While there is much to be done to make its online systems fully accessible, the IP Office has shown the intent to do so. This makes it relatively easy for persons with disabilities to overcome accessibility hurdles, and participate fully/equally in the IP process.
c. To get into this profession, a person with a disability need not be a lawyer. Persons with any degree can qualify as trademark agents, and persons with a technical background can get into the patent profession.
Overall, the IP profession is welcoming, and companies are not too uncomfortable in working with persons with disabilities. In my opinion, if a person with a disability is looking for an option that provides independence, autonomy, and respectability, the IP profession is a good choice.
You have been interacting with the Indian IP Office to improve accessibility to persons with disabilities. What do you think the IP Office must do to make its systems and processes accessible to persons with disabilities?
The IP Office has taken an important step by releasing guidelines to improve access for all. However, this intention needs to be put into practice effectively. The IP Office must take the following steps:
a. The IP Office should organize training sessions to educate their staff about the needs of individuals with disabilities and highlight the importance of providing access. Currently, many officials believe that they have the right to refuse accessibility requests, thinking that the rules in IP laws are more important than the requirements of the Rights of Persons with Disabilities Act. Changing this mindset will make it easier for individuals with disabilities to engage with the IP Office.
b. It is also important for the IP Office to enhance the accessibility of its online platforms. Despite some progress, their systems do not meet essential accessibility standards. Improving the accessibility of their filing systems and documents would be significantly beneficial.
c. Furthermore, the IP Office has to consider issuing guidelines or circulars that require the submission of documents in an accessible format. This will ensure that everyone, including those with disabilities, can access these documents easily. Many High Courts have already required documents to be submitted in a format that is readable by optical character recognition (OCR), and the IP Office should follow this example.
By implementing these measures, the IP Office can facilitate full and equal participation of all individuals, including those with disabilities, in the IP process.
These steps do not seem very complex, and we hope the IP Office will look into them seriously. We noted that you recently published a book on accessibility entitled ‘Understanding Accessibility’ in which you have pointed out that everyone can contribute to accessibility. Can you tell us how we can do that?
Well, if you have the intent and willingness to make a difference, you may consider the following simple steps:
Share any document or information you file or distribute in accessible formats. This is easy, and you may consider doing this for all types of documents you share in general, or file before Courts or Tribunals. Here is a link that gives accessibility guidance for word documents, PDFs, and PPTs: https://www.adcet.edu.au/inclusive-teaching/accessible-content/accessible-documents
Whenever you share something on social media, ensure that you include alternative text, image descriptions, video captions, etc. Most social media and messaging platforms have enabled these features, and all you need to do is spend an extra minute to make your post, photo, video, or document, accessible. You will find some accessibility tips at this link: https://disabilityin.org/resource/creating-accessible-social-media-content/
I hope you will consider incorporating these as a part of your day to day interactions and engagements.
Could you please share your journey and the pivotal moments that led you to pursue a career in law, particularly in the field of entertainment and media law?
As a teenager, I possessed a skill of questioning and having healthy negotiations at home and with teachers in school towards studies and life. Parents always wanted me to become a doctor or an engineer, however due to my low maths score I couldn’t qualify in either of the fields. Whilst growing up there were property related issues in the family, thus at a very young age I had started reading the legal notices and their responses. The legal language mentioned in such notices was very intriguing for me and as such I was always curious to know the nitty-gritties involved in various types of laws which governed our country. Consequently, before I could complete my 10th grade she had decided to become a lawyer. Also, law does not require any maths or complex chemical calculations. Throughout my school life always had a good command over spoken and written English language and could memorise vast portions of her school syllabus along with general knowledge gained by reading newspapers, these basic skills were enough to have a zeal to become a lawyer and to get into a good law school.
Thus, after completing school in 1999, I got into commerce stream and completed my basic graduation from Mumbai wherein she got to learn about business management and economics. Post that in 2004 I got admission into the 3 year Law Course from Jitendra Chauhan College of Law, Mumbai. In those 3 years I was also interning at a reputed law firm wherein I obtained hands-on experience of drafting the legal language, visiting the High Court of Bombay, meeting counsels, reviewing the agreements, drafting legal notices. Over the period of 3 years my teenage dream of drafting and executing legal documents unfolded and by the end of the internship and law college in 2007 Persis was ready to take on the legal fraternity with her skills of drafting, negotiating and executing legal documents.
On a personal front, during my childhood, my parents used to take me to watch Hindi films in the theatres at Mumbai and thus as a child I always had this thought that someday my name should appear on that big theatre screen in the capacity of a lawyer. Unknown to how life after 2007 would open avenues for me in the media and entertainment sector.
Thus in 2007 after completion of B.com and LLB graduation, I was very aggressive in search of a legal job in the market. As destiny would have it, I secured a job as a Legal Executive in Adlabs Films, Filmcity Mumbai in October 2007. In her tenure of 3 years there, she got hands-on experience in drafting, negotiating and executing all the Film production, distribution agreements. Not only I worked in the legal side of the company but was also fortunate enough to learn the technical side of converting the final film footage into a digital cinema print and distributing the same worldwide. In this tenure I also got a chance of reviewing and negotiating the business conducting agreements wherein the single screen and multiplex cinema chains owners were giving their old cinemas to be refurbished and run under the brand name of Big Cinemas in India. On the other hand, the benefit of working in the entertainment sector was that I got a chance to see and meet many film actors and was also invited to a lot of film screenings and parties. Overall during the entire tenure I had a holistic approach of how the Film fraternity functions and gained the legal and commercial knowledge of each and every aspect involved in the Filmmaking business in India.
Thus by the year 2010 I was sure that I would pursue a career in my lifetime in the Media and Entertainment industry as it was very challenging and vulnerable. Being very hard working and a person who is open to learning new things happening in the industry along with multitasking and managing numerous verticals in the company made me an all-rounder in the media and entertainment industry. All this was possible due to the support of my seniors and friends which I had made whilst working in Adlabs Films.
Given your diverse educational background, how have your experiences at Southwestern Law School, NALSAR University and Mumbai University contributed to shaping your legal career, especially in the entertainment sector?
I graduated in Law from Mumbai in the year 2007 wherein my major subject was Intellectual Property. At that time I thought that field was much more exciting and challenging to be a part of. Back then, the Entertainment and Media Industry in India was not as structured as it is today and people worked with each other based on the relations amongst them. However, it was later that this industry evolved with the agreements and contracts and commercial deal structures. Hence there was a need to further study the market and the laws in depth to cater to this industry. Hence, I later went to pursue her Post Graduate Diploma from Nalsar University, Hyderabad.
In this PGD Course I got a chance to study the laws governing the content which is circulated through cable and radio in India along with the advertisement codes applicable on brands. This was an in-depth study of the laws and real life examples prevailing in the media and entertainment industry. Thus, I completed the course in 2011.
However, post that when I was working for another media company in Mumbai which was dealing with Hollywood studios in Los Angeles, I realized the importance of learning the nuances of the legal framework prevailing in the US entertainment and media industry. Whilst working, I also wanted to learn about the various commercial aspects which are required in structuring the deals internationally.
Thus in the year 2012 I came across a law school named Southwestern Law School, Los Angeles which was providing a masters level 24 credits program in filmmaking, copyright law and commercial deal structuring in the media and entertainment sector. This was an 18 months course for international students who qualify to become a part of this course after passing the TOEFL exam and seeking the requisite score. After a long struggle of another year, I got myself enrolled into the course which commenced on/from January 2014 and graduated in May 2015.
During this course I have learnt and mastered the art and skill of drafting and executing agreements prevailing in the international media and entertainment market along with US Copyright Law. In this course I have learnt the nuisances of the Content Curating Industry. It was during this course that I learned to raise red flags in the script, train the production team and conduct due diligence of the underlying works of any original content and draft commercial agreements towards exploitation of each and every right which are embedded in the content.
Hence, by 2015 I had my qualifications and skills and abilities to take on the legal and commercial work in the media and entertainment industry in Mumbai. In the year 2016 India was also shaping up to acquire a lot of content to make films and/or web-series based on books, remake films into Hindi languages, commercially exploit and earn revenues through sale of theatrical and non-theatrical rights of the Film in India and worldwide. I had not only acquired all the knowledge through my education but also had hands-on experience by working as an In House lawyer for many companies, more particularly studios which were primarily into film making and distribution.
You’ve held key legal positions at prominent entertainment companies such as Eros International, Reliance Big Entertainment, and Phantom Films. Could you highlight some of the unique challenges you faced in negotiating and executing agreements in the dynamic world of film production, distribution, and intellectual property rights?
As an In House Counsel working for the Media & Entertainment Studios it is mandatory to firstly acquire all the intellectual property in the form of copyright embedded in the literary, musical, sound recordings and dance works from the original author of the work. The structuring of the deals are done in such a way that each and every person working on the content is engaged by the producer on work made for hire basis and in lieu thereof the producers have to pay off the monies to these cast and crew people.
On an average we as lawyers have to draft, review and execute more than 100 agreements and contracts on one film or web-series. Most of the crew i.e. the below the line agreements consisting of secondary cast, production artists are templatised and are on automated mode, thus executing them is always a fast track process. On the other hand writer, director and actor agreements are extremely critical to draft and execute as there are numerous clauses to be drafted in the same. The clause needs to ensure that all the intellectual property in terms of copyright and trademark are firstly acquired by the producer and then safeguarded in a diligent manner. Whilst drafting these agreements we as the lawyers representing the producer ensure that the intellectual property existing not only now but in future is also acquired for exploitation. These agreements are more than 15 pages which capture clauses like name, recitals, obligations, consideration, credits, termination, consequences of termination, representation and warranties, indemnity, miscellaneous etc. along with the annexures.
The unique challenges to close these agreements are to get all the lawyers representing the respective talents on the same page and align with the business understandings of the project. Most of the clauses are not acceptable by the producers as the demands from the talents are much more which are beyond the given approved budgets. Hence we either get on con-calls or sit across the table with the lawyers of the actors, writers, directors and musicians to arrive at a consensus wherein all the parties can amicably agree with each other and get the clauses drafted accordingly. Once all the parties have given their approval on all the clauses then the final approved version of the document is circulated amongst all the parties for confirmation and then proceeded towards execution thereof.
The other challenge is that a lot of time goes in negotiating these clauses and commercial understanding of the deal with the lawyers of these talents. We have spent at times more than 10 human hours in a single day negotiating these agreements and turning it around for execution within the next 36 hours. These are the times when our skills and abilities to deliver our work along with people handling skills are being put to test. At no point in time can we afford to lose our patience or get aggressive with the opposite party lawyers as media and entertainment is a very close knit industry and we have to work with such people time and again.
As a Partner at JP Legal Corp, you’re deeply involved in content production agreements and project viability assessments. How do you navigate the delicate balance between creative freedom and legal constraints in the entertainment industry?
JP Legal is best known for providing its clients end-to end services i.e. from Script to Screen.
JP Legal provides personalised services to its clientele wherein its involved in the processes of content making right from the time the literary works for such content is being developed by the writer which is engaged by the Producer.
Once the first draft of the script is being developed JP Legal reads the same and points out the red flags i.e. if there are any names of real persons mentioned in the script, branded products are showcased in the story line, any third party copyrighted materials (i.e. paintings, news footages, photos, music) are used in the script. This is done to ensure that none of the third-party copyrights are infringed in the script. Further in the event any footage, paintings, music is forming a part of the story line, then JP Legal initiates the License Agreements with the copyright owner and producer of the content and legally acquires the license to showcase such third-party material in the content.
Once the final draft of the script along with the above necessary changes suggested by JP Legal is locked by the Producer, then JP Legal trains the production team about the Dos and Don’ts to be followed whilst actual filming of the content to avoid any third-party copyright infringement issues.
In the meantime, whilst the script is getting locked and pre-production period of the content is under process, JP Legal drafts, reviews and executes all the Above the Line Agreements (i.e. Agreements for the Writers, Actors, Director, Head of Departments) and Below the Line Agreements (i.e. remaining crew) and hands it over to the production house. Under these agreements the obligations, representations and warranties of each cast and crew is detailed in depth and all the intellectual property is acquired by the Producer from them in universal perpetuity in lieu of the agreed consideration.
Since Producer can be the assignor of the exploitation rights of the Content, JP Legal also drafts, reviews and executes agreements for Theatrical Distribution Rights of the Film, Non-Theatrical Distribution Rights Agreements like Satellite Rights, OTT Rights, Music Rights etc. with third parties. All these agreements ensure that the content is commercially exploited on every available window worldwide.
The new area of focus and revenue generating window for any content produced is the over-the-top platform. In the year 2020 when the world was hit due to the Covid19 Pandemic OTT’s role became more significant in India as the audience had no other source of entertainment sitting at home.
The top 3 OTT Players are Prime Video, Disney Hotstar and Netflix, other Indian OTT players are Zee5, SonyLiv, Voot, JioTV, Alt Balaji and many others. On an average these OTT platforms require a new show every fortnight of the month in order to cater to the audience of every genre quenching their viewing thirst and keeping them engaged and holding on to the respective content available on the OTT platform.
Most of the OTT players prefer to have content which is based either on the books, real life stories, old TV shows etc. So, the OTT platforms acquire the requisite rights for developing these web-shows from the book publishers, real persons on whom the show is being made or from the satellite companies with whom the old TV show rights are acquired accordingly. If the OTT platforms have any slightest doubt about any underlying rights not being cleared then they will not showcase such content.
Most of the clientele of JP Legal are now inclined towards making content for the OTT platforms, hence at each stage JP Legal is involved with their clients to produce the content as required by the OTT Platforms in accordance with their rules and regulations. In order to be a support system to the clients towards production of the content for OTT Platforms, JP Legal has to from time to time be abreast with the applicable laws of the land and the current market scenario as we not only are a legal function but extend our support to commercial aspects of the content to ensure that the producer earns maximum revenues from the production of such content.
In the Indian content creation industry, a writer is usually considered the most important person to create intellectual property in literary works. Thus, when an audio-visual content piece is developed, JP Legal ensures that a writer’s agreement (s) is elaborately drafted and executed to ensure that the writer has written the original script for the audio-visual content. But, of course, unless the script/story is an adaptation from a book or is a derivative work developed based on original content, then such aspects are in depth captured in the writer’s agreement. Similarly, music composers who create musical works, directors directing the content and the actors who are also part of embodying artistic works are important copyright owners of the works. Thus JP Legal ensures all the assignment of the intellectual property rights stemming from their work is assigned to the Producer.
In the event any of our client is interested in producing a content based on the published Book or remake the content in another language, then we at JP Legal conduct a thorough due diligence of the chain of title on all the underlying materials of the original content is clear from any third-party infringement ensuring that all the intellectual property rights are flowing well from the original author/creator to the final exploiter/producer. Thus, to ensure the same, JP Legal will draft and execute numerous rights acquisition agreements to acquire the original rights from the original copyright owner or author.
As mentioned above JP Legal is appreciated by all their clients because there is JP Legal’s legal and commercial in-depth involvement in each and every content which is created by its client, unlike other law firms who only provide a production pack to their clients. This really sets JP Legal apart from all the other law firms.
Whilst JP Legal ensures that the creative bend of the director is always safeguarded with the legal implications and regulations to ensure that there are no future litigations on the project and all rights of the project are safeguarded and well exploited in universal perpetuity by the producer and recoup all the investments made towards the content in a diligent and timely manner.
Throughout your career, you’ve received several awards, including being recognized as the Best IP Lawyer among 100 Female Lawyers in India. Can you share the significance of these accolades and how they have impacted your approach to your legal work?
I have been very obliged and humbled to every fraternity for rewarding her the awards and accolades for the work done by me in the media and entertainment industry over the last 17 years. From 2019 when I was an In house Senior Manager at Phantom Films and later at Reliance Entertainment Limited, I have been a speaker at many Intellectual Property Forums in India and also had made submissions of my yearly work done to the respective fraternity to qualify for such awards. Thus to be a speaker on the panel the person has to have in-depth subject matter knowledge and confidence to speak on the stage. With the help of my seniors at work and colleagues I had gathered the strength to be on the panel with other renowned IP lawyers. These fraternities conduct a deep research about my profile and work and my speaking skills and then qualify my profile for the awards.
In the year 2023 I was also awarded the 40 under 40 Rising Star Award by Legal Era forum, JP Legal Corp. have been awarded the Lex Falcon Award in Dubai and many more. These awards and accolades always push a person to work hard and achieve their dreams and take a step towards success and get recognition amongst the legal fraternity.
This year has given me an immense pleasure as Legal500 has once again ranked me as a Leading Individual in the TMT Category – India – Mumbai Focus, this ranking means a lot to me as after extensive research and scrutiny this title is being given to a lawyer. Further JP Legal Corp. has also been ranked in the Tier 2 – TMT category & Tier 3 for IP category for India – Mumbai focus for the year 2024. The Legal500 accolade is considered as epitome for me as it elevates me and the law firm over and above other existing firms.
Your social media presence is quite extensive. How has leveraging platforms like LinkedIn contributed to your professional growth, networking, and perhaps even attracting opportunities in the legal and entertainment domain?
In today’s day and age social media is a blessing for all the lawyers as the pace at which they can connect with the legal fraternity and clients is immense. On Linkedin we also reach out to lawyers who are working in the intellectual property area like trademark, patents and seek their advice as and when required for our projects. Also through LinkedIn we come to know about the current employment opportunities prevailing in the legal fraternity and if we have a candidate for the same then we surely reach out and put in a word for the candidate with the employer.
Further, through the LinkedIn portal, I have been very fortunate enough to connect with the various forums or groups who conduct intellectual property seminars across India. Once connected with these forums subject to my availability and the topics being discussed at the seminars, I participated as a panelist for one of the sessions hosted by these forums. Also time and again my profile has been shortlisted for many accolades and awards which through the LinkedIn portal is being publicised and known to the world.
A few reputed law firms practising intellectual property rights and these law firms on a weekly or fortnightly basis issue magazines which mentions about prevailing laws, latest judgements and litigations prevailing in the media and entertainment industry and they also upload the same on Linkedin. I also follow most of these law firms on LinkedIn and keep myself updated about the media and entertainment industry.
Lastly, over the years I have been conducting numerous legal and business workshops in the law schools at Mumbai, Hyderabad and have taught the students about copyright law, drafting agreements and nuances of media and entertainment business. Through the LinkedIn chat box these students also get a chance to interact with me and ask their concerns and seek career guidance for themselves. I surely respond to each one of them as and when time persists.
Thus LinkedIn is a great social media platform for professionals to showcase their career progress, achievements, accolades and seek information on various related topics. I make sure that my LinkedIn profile is well updated and intact with the latest information and news related to herself and JP Legal Corp.
Considering your achievements and experiences, what advice would you give to recent law graduates aspiring to make a mark in the field of entertainment and media law, or law in general?
Today’s generation has a lot of advantages of having access to a lot of social media platforms which provides them with a lot of knowledge and current information. Over the period of years and working experience I have realized that a person has to be evolving with the time and have a complete control and know-how of its surroundings along with current legal and technical knowledge of gadgets.
When I conduct the workshops in the law schools, I emphasize and encourage the students who want to pursue media and entertainment law to firstly study contract act and copyright act in depth, along with that have a fair idea about trademarks and patents. These students should be inclined towards drafting, vetting, negotiating and executing agreements prevailing in the media and entertainment sector. If a student wants to join a studio or production house, firstly that student should acquire knowledge about the businesses conducted by such a company and have a hands down experience in knowing the different types of agreements which will be executed for a particular deal.
In the media and entertainment sector the law students should understand that more than legal knowledge this industry functions based on mutual trust and confirmation between the parties and also respect and value the sentiments of the persons creatively involved in the process of content making, thus firstly the student should have people’s management skill within themselves. Also this industry is very volatile and growing thus the student should be open to learning the new aspects of the business and be able to cater to the same.
Lastly, this industry has no fixed working hours, hence the student should be completely passionate about the industry to work for long hours. Students should have knowledge about the business and have zeal towards working in the industry. To their seniors this will showcase their sustainability in the industry. Also this industry requires a lot of hard work and one should be ready to give their best towards the legal work. Always keep yourself updated with the latest judgements, industry know-how, local laws, commercial deals happening across the industry all this will provide skills and abilities to negotiate the deals in better manner and get the best commercials for the clients.
Could you take us on a brief journey from your college days, highlighting key experiences or lessons that have shaped your path in the legal profession, leading to the establishment of Charter Law Chambers?
Sure! Starting from my college days, I learned the importance of critical thinking and research skills, which are essential in the legal profession. Participating in moot court competitions honed my advocacy skills and taught me the importance of preparation and presentation. Internships at law firms exposed me to real-world legal practice, where I learned about different areas of law and gained practical experience. Networking with professionals and mentors helped me understand the industry and navigate career opportunities. Overall, my college experiences laid the foundation for my journey in the legal profession, shaping my skills, knowledge, and passion for justice.
Additionally, the passion for justice and dedication to serving clients that were cultivated during college continue to drive the ethos of the law firm, ensuring a commitment to excellence and client satisfaction.
From its inception in 2019 to now, Charter Law Chambers has grown remarkably. What inspired you to establish this firm, and how has the journey been so far?
The inspiration to establish a law firm stemmed from a desire to create a space where I could apply my legal skills, knowledge, and passion for justice in a way that aligned with my values and goals. I wanted to build a firm that prioritized client service, innovation, and making a positive impact in the community.
The journey so far has been both challenging and rewarding. Building a law firm from the ground up requires dedication, hard work, and perseverance. There have been obstacles to overcome, such as navigating the complexities of running a business, attracting clients, and establishing a reputation in the legal industry. However, each challenge has provided an opportunity for growth and learning.
Your profile emphasizes your significant role in electricity regulatory matters. Can you share a specific case or achievement in the energy sector that you are particularly proud of?
My office assisted Adani Electricity Mumbai Limited (AEML) & Adani Electricity Mumbai Infra Limited (AEMIL) before the Supreme Court against a Civil Appeal filed by Tata Power Company Limited-Transmission challenging allocation of a Rs. 7000 Crore, 1000 MW HVDC VSC based Transmission Project, being one-of-a-kind Transmission Project in the City of Mumbai to to AEMIL (100% owned subsidiary of AEML) under Section 62/ non-bidding route of the Electricity Act, 2003, instead of Section 63/ bidding route.
Supreme Court on 23.11.2022 passed a landmark judgment thereby dismissing the Civil Appeal filed by Tata Power Company Limited-Transmission, thereby holding that the Transmission Project was rightly awarded to AEMIL under Section 62/ non-bidding route, and further held that Section 63/ bidding route is not the dominant route
Starting as a boutique regulatory litigation firm, CLC has expanded its practice areas. How did this diversification come about, and what factors influenced the decision to broaden the firm’s scope?
Expanding the practice areas of a boutique law firm involves careful consideration of various factors:
Client demand
Market Analysis
Competitor Analysis
Expertise and resources
Growth strategy
Client relationships
Regulatory considerations
Overall, a combination of market demand, strategic analysis, existing expertise, and client relationships typically influences the decision to expand the practice areas of a boutique law firm.
Being a member of the Supreme Court Bar Association and Delhi High Court Bar Association, how has networking within these professional societies contributed to your professional growth?
Being a member of both the Supreme Court Bar Association and the High Court Bar Association provides invaluable opportunities for networking and professional growth. Networking within these esteemed associations allows for:
Access to expertise
Referrals and collaborations
Mentorship and guidance
Visibility and reputation
Advocacy and influence
Overall, networking within the Supreme Court Bar Association and the High Court Bar Association offers numerous benefits for professional growth, including access to expertise, referrals, mentorship, visibility, and opportunities for advocacy and collaboration. These connections help foster a vibrant and supportive legal community, enriching the professional journey of its members.
Beyond legal practice, you’ve been involved in community development. How do you integrate social responsibility into the ethos of Charter Law Chambers, and can you share a specific initiative that holds personal significance for you?
Integrating social responsibility into legal practice involves a multifaceted approach aimed at making a positive impact on the community. Some instances such as doing pro bono work, policy advocacy and reform, diversity, equity and inclusion.
One such instance would be organising guest lectures at esteemed colleges all over India and holding conferences on in Delhi
Given your involvement in international workshops, like the one in Switzerland, how do global perspectives influence your advocacy, and how do you incorporate lessons from international experiences into your practice?
Overall, a global perspective enhances advocacy by promoting a deeper understanding of international laws and norms, recognising interconnectedness, fostering empathy and solidarity, promoting cultural sensitivity and diversity and utilising global platforms to advance social, economic and environmental justice.
Law is demanding, and stress management is crucial. How do you personally prioritize wellness amidst a busy legal practice, and do you encourage similar practices within your team?
Prioritizing wellness amidst a busy legal practice is essential for maintaining overall health and effectiveness. Overall, prioritizing wellness amidst a busy legal practice involves setting boundaries, practicing self-care, managing workload effectively, fostering open communication, promoting work-life balance, and providing resources and support to team members. By prioritizing wellness within the team, we can create a healthier and more productive work environment where individuals can thrive professionally and personally.
Given your involvement in education initiatives like teaching at Vivekananda College, how important do you think it is for legal professionals to engage in education, and what benefits do you see in such endeavors?
Engaging in ongoing education is crucial for legal professionals to stay current with developments in the law, enhance their skills and knowledge, and adapt to changes in the legal landscape.
As such, continuing education is essential for legal professionals to remain competent, relevant, and successful in an ever-changing legal landscape. By staying informed, enhancing skills, building expertise, fulfilling professional obligations, networking, and pursuing growth opportunities, legal professionals can continue to thrive in their careers and make meaningful contributions to the legal profession and society.
Having over 15 years of experience, what advice would you give to young lawyers aspiring to make a mark in the legal field, especially those interested in energy and infrastructure practice?
As a seasoned lawyer with over 15 years of experience in energy and infrastructure practice, here are some pieces of advice for young lawyers interested in this field:
Build a strong foundation
Specialize and gain expertise
Seek mentorship
Gain practical experience
Network strategically
Stay adaptable and open-minded
Demonstrate commitment and passion
Focus on client service
By following these pieces of advice and continuously learning, growing, and networking within the energy and infrastructure industry, young lawyers can position themselves for a successful and fulfilling career in this dynamic and impactful field.
Starting with the basics, can you share a bit about your journey into law and what inspired you to pursue a career in this field?
I started as a litigating lawyer with Mr. Vivek Chaudhary who was elevated as a HC Judge from Allahabad. Thereafter, I worked with Sr. Adv. Aman Lekhi for some time and went on to become an in-house counsel with CREDAI. Worked with CREDAI for a span of few years and realised that I could call myself a real estate lawyer. I got an offer from MAX subsidiary Antara Senior Living and joined Antara in 2021. I worked with MAX for two years and got an offer from an MNC to lead their real estate team in India. I resigned from Antara only to find out that the company’s culture is bad – hence, instead of finding another job, I ended up making MAYSS Partners with two other colleagues.
As the Founder of MAYSS Partners Law Offices, can you tell us about the ethos or guiding principles that define your law firm and set it apart in the legal landscape?
We wish to make a law firm that understands its Client’s business. Very soon, we will be taking up interns and freshers from Tier 3 colleges and try to give them exposure to good Clients and Courts in New Delhi
You transitioned from the role of Legal Counsel at Antara Senior Living to becoming the Managing Partner at MAYSS Partners. What motivated or inspired this transition, and how has your perspective on the legal profession evolved as a result of taking on a leadership role in your firm?
Honestly, it was never planned, it all accidental – A coffee meeting with my Promoter made me think if I should really work for a company that does not have very good intentions for its employees, I resigned immediately after the meeting and thanked the Promoter for being so honest on day one – Ended up making MAYSS Partners
As a Managing Partner, you lead a team of ten lawyers. What qualities do you look for in team members, and how do you foster a collaborative and productive work environment?
I honestly believe that everyone can learn and anyone can be trained. Therefore, the idea is to help young professionals from Tier 3 cities come to Delhi and Mumbai and learn the art of practice in these cities.
Given your expertise in regulatory compliance, what are some key considerations for businesses dealing with RERA, RBI, SEBI, IBC, and other relevant regulatory frameworks?
The only thing that businesses should bear in mind is that they cannot cheat the investors anymore.
Looking ahead, what are some trends or developments in the legal landscape that you find particularly intriguing or that you believe will shape the future of legal practice?
I think AI will bring in a massive change and it is high time that we start learning to use AI.
With your extensive experience, what are your thoughts on the dynamics of working as legal counsel compared to being a managing partner? How do you navigate the challenges and find fulfilment in these distinct roles?
In employment, you work for business teams who are your clients and the same goes for a law firm. As long as you are committed to solving a problem, it’s all the same.
For aspiring law students, internships are often pivotal in shaping their understanding of the legal profession. In your experience, what kind of internship do you believe is crucial for a law student, and what advice would you give on how students can make the most out of their internship experiences?
I think students must intern with good companies, law firms and lawyers. Students should learn how businesses are run and how do we reach out to the Clients.
Beyond the legal realm, what are some of your personal interests or hobbies that you find relaxing or rejuvenating?
I am trying to run five km every day. I love to cook and hang out with my family.
Considering your extensive experience, what are your thoughts on aspiring legal professionals choosing to intern or work with Tier 1 law firms as opposed to Tier 2 or Tier 3 firms?
How do you believe the choice of the firm tier can impact one’s career trajectory in the legal field? I think all three are important. Learning happens with all sorts of firms in different ways and means.
Sir, what inspired you to make your career in law? while you did that, you became a managing partner at Praveen Pathak, and Associates so would love to hear about your journey.
Allow me to provide you with some context initially. I didn’t start my professional journey as a lawyer; I was a financial consultant at ICICI Prudential and other financial institutions. My perspective shifted during the aftermath of the 2008 Lehman Brothers collapse, witnessing individuals earning substantial annual incomes suddenly losing their jobs. The realization that our profession lacked job security prompted me to reevaluate my career.
As someone accustomed to starting my day early and returning home late, the prospect of idleness after losing my job was challenging. Despite facing this situation, I didn’t share my predicament with my family. It was during this time that I stumbled upon information about the legal profession, which intrigued me. Although I had heard during my studies that law was a demanding field, my background in understanding people’s needs and navigating complex situations made it seem less formidable.
Being solution-oriented has always been my approach, and I bring this mindset to the legal profession. I see myself as a provider of comprehensive solutions, not just for individuals but for entire families and the corporate world. Many people, especially newcomers, lack a clear understanding of what they are getting into when pursuing a legal career. I take it upon myself to guide them and emphasize that the legal profession is inclusive, extending to everything from environmental concerns to the rights of individuals, unborn children, and even those who have passed away.
In discussing our current conversation, conducted over the internet, I highlight the universality of legal solutions. Where there are rights, there are remedies, applicable to every individual seeking solutions. Despite the observed gap in training within the Bar Council of India, I believe organizations like LawSikho play a crucial role in bridging that divide with their wealth of knowledge. I express this sentiment genuinely, independent of the fact that I’m being interviewed by someone associated with LawSikho.
How was it when you were with ICICI Prudential? And then all of a sudden, you had to switch jobs you rather had to switch professions. What kind of impact does it have on you? I would say mentally, and professionally. And how is it that your family cooped up with it?
To be completely candid, the impact of certain events has a profound influence on one’s life. The pivotal question is: How do you choose to navigate that impact? Is it a stumbling block that knocks you down, or do you transform it into a stepping stone for reaching new heights? Personally, I have always viewed every impact as a stepping stone, an opportunity for growth and learning. Life itself is a series of impacts—from the moment of birth when we know very little, to the present moment where I find myself being interviewed, answering questions about my experiences.
Life, much like a movie, unfolds, and through its narrative, it imparts valuable lessons. The key lies in our readiness to comprehend and appreciate the teachings that life imparts. The collapse of Lehman Brothers, for instance, presented me with a golden opportunity. It wasn’t just a setback; it was a chance to glean essential insights and evolve. Life constantly provides opportunities for learning, and recognizing them can lead to remarkable personal and professional development.
Could you provide insights into your legal responsibilities in your role as Vice President at P&P Advisory? How do you manage the dual responsibilities of being a Managing Partner and a Vice President simultaneously? You are essentially an authority figure in these roles. Moreover, how do you ensure effective outreach to a broad audience, serving as a guide and mentor to the maximum number of individuals? Can you shed light on your approach to fulfilling these mentoring responsibilities?
I attribute the perceived success that people recognize in my journey to the dedicated networking efforts spanning over 15-20 years. Many individuals, who started their endeavors at various points in time, found a connection with me at some intermediate level, and our relationships flourished. I offered my services, and one key takeaway for anyone reading or hearing this is the importance of nurturing relationships at every stage of your life and career.
Regardless of your current status or level, if you foster meaningful connections and contribute value to those relationships, the network you build over time will become increasingly robust. I emphasize the significance of evaluating and offering solutions within your relationships. When you place your solutions or products on this network platform, the people connected to you will embrace them with open arms.
Throughout my career, I cultivated connections with individuals in advertising agencies, corporate companies, financial institutions, home loans, and banks. The welcoming reception I received was a result of the commitment and assurance I consistently provided. When I made promises and commitments, they were backed by the legacy of 20-25 years of experience. Venturing into the legal field without a specific legal background or a legal “Godfather” was made possible through my strong connections with corporates and individuals. This network enabled a rapid and successful transition for me.
Transitioning from a finance background to law was facilitated by your network, but the aspect of your humble behavior—how has that contributed? These insights must reach new learners so they can understand the significance of humility, positivity, and perseverance in building a successful network and career. Your views on this would be invaluable, and if you could share a motivational message—whether it’s two lines or ten—I believe it would greatly resonate with those seeking inspiration.
For all the learners out there, here’s a piece of advice: Take a moment to look around, find ten people on your left and another ten on your right. Say hello, introduce yourself as a lawyer, and commit to standing by them through thick and thin. Building a network is not just about connecting; it’s about being there when they need you. Regardless of your background—whether in law, finance, or any field—the key is to be a good human being.
In every interaction, be considerate rather than demanding. Adopt a solution-oriented approach; be a problem solver. When someone approaches you with a legal issue, don’t jump straight into litigation—consider alternative solutions like amicable settlements. By becoming someone who provides solutions, you not only gain respect but also establish yourself as a reliable and valuable resource.
Understanding people’s problems is crucial. Everyone faces challenges, and your role as a solution provider extends beyond legal matters. A practical example is akin to a pharmacist directing a customer to another store for a specific medication. By doing this, you not only solve the problem but also position yourself as a one-stop solution for various needs, be it financial or otherwise.
If you aspire to specialize, focus on areas that interest you. Form a team with like-minded individuals who share your passion, especially if you are pursuing a practice rather than traditional employment. For those seeking self-employment, your value is paramount—you are your own shop. Be considerate, offer valuable solutions, and remember that sometimes people simply need affirmation, even when they already know the solution. A sincere and valuable presence is often all that’s needed.
What insights would you offer to newcomers, especially in terms of patience? Could you share your personal experience, the struggles you encountered, and the valuable lessons you gleaned?
One crucial aspect to note is the shift in perspective from using the term “struggle” to “challenges.” In a world where effective communication is a skill set we possess, with a vast market and numerous products available, the issue is not about selling itself. The real challenge lies in approaching the right objectives. Rather than struggling to make a sale, the focus should be on meaningful connections. Starting with a goal of meeting 50 people is a simple yet effective way to initiate this process.
A significant challenge many face is reluctance to discuss legal matters due to shyness or a lack of confidence. Building this confidence is a critical step. It involves addressing challenges systematically, step by step, just like counting from 1 to 5. For newcomers, starting with straightforward legal matters like negotiable instruments or straightforward divorces is a practical approach. These areas do not require rocket science to understand, and I extend an invitation for anyone eager to learn to visit my office for a week of free lessons.
Offering free services in areas like recovery matters or consumer cases serves a dual purpose. Firstly, it allows individuals to learn through practical application, and secondly, it creates a lasting impression. By providing a solution free of cost, you become imprinted in their minds as a reliable resource.
Importantly, the challenges are not external but internal. It’s about being open to adopting new approaches and being willing to learn. The real battle is not against external forces but within oneself, and the key is to stand up, confront those internal challenges, and keep moving forward.
If we step into your shoes as an individual practitioner collaborating with startups and corporates, what new challenges emerge, and what insights have you gained from these experiences? Do you believe that encountering these challenges contributes to personal and professional growth, irrespective of whether one is a first-generation or second-generation lawyer? Moreover, how do you perceive these challenges shaping you as an individual beyond your role as a lawyer?
Let’s approach it as challenge number one, not a struggle. Challenge number two: proactively engage in tasks. Reach out and express your willingness to assist, saying, “I’d like to do this for you. Can I help?” In an environment where everyone seeks help and wants someone to handle their responsibilities, spending time working diligently for others becomes crucial. However, a significant hurdle arises—there seems to be a shortage of students who are willing to adapt, choose to work, and invest time.
I apologize for being candid, but the reality is that only about 10% of individuals exhibit a serious commitment. The remaining 80% may talk about struggles but often fail to take meaningful action. It’s essential for individuals to reflect on their choices and question whether they are truly dedicated to the work.
Personally, I believe that 20% of people are inherently eager and capable of comprehending and implementing the tasks discussed here. For the remaining 80%, a common pattern emerges—expressing a desire for progress without corresponding action. This might sound straightforward, but it’s crucial for people to evaluate whether they are genuinely aligned with the work they’re pursuing.
I never instruct my juniors or interns to handle my files, as they are not clerks. Instead, I encourage them to spend time understanding the workings of a clerk, as it forms the foundation of their background. Clerks are invaluable resources and are willing to share their insights and solutions. Regarding the assignments provided by LawSikho, completing them is a significant step—accomplishing them means covering 70% of the necessary groundwork.
Commendably, LawSikho is doing remarkable work, and its impact should extend to a broader audience. I believe that 70% of individuals who may not have completed half of the assignments would significantly benefit from the institution’s initiatives. The world is replete with opportunities for those willing to explore, but success requires genuine willingness and dedication.
Reflecting on your global presence, can you elaborate on the notable differences you’ve observed between the local world, particularly around 2005-2006 before the Lehman Brothers crisis, and the transformed global landscape that emerged afterward? What broader societal impacts have you witnessed, particularly in the context of India opening up to the world?
Understanding the world today is far more accessible and straightforward than it was in 2019, let alone in the early 2000s. The transition from the graduating class of 2000 to the present generation is marked by the significant introduction of artificial intelligence, shaping an era where answers to virtually every question are readily available. The abundance of opportunities may appear daunting to some, but it’s essential to recognize that every perceived threat carries an inherent potential for benefit.
Embracing new technologies and staying informed is crucial. Even a tenth-grade student from a reputable public school can guide you through these innovations. In the context of COVID times, I recall having a busy schedule while many were not yet comfortable with Zoom meetings. Surprisingly, more than 50% of lawyers were sitting at home, and I had a substantial workload during that period.
Staying informed about your surroundings and current market trends is now easier than ever. Regularly reading newspapers allows you to engage in meaningful conversations about ongoing events. Keeping yourself updated through specific magazines or newspapers tailored to your field is equally important. Additionally, being part of a peer group or a community of lawyers provides valuable insights and support. Networking within a group of legal professionals creates an environment where lawyers can share experiences and knowledge, contributing to collective growth.
Highlighting the significance of research, how crucial do you consider it for individuals, whether they are lawyers or chartered accountants? You mentioned that during the COVID period, you experienced an increase in workload beyond expectations. Could you elaborate on how research played a pivotal role during that time and how it contributes to your knowledge, especially in areas such as artificial intelligence? What has been your approach to learning and staying informed in these domains?
I firmly believe that there’s no substitute for hard work, and by hard work, I mean rigorous research. Often, we overlook the importance of taking the time to thoroughly read the complete orders passed by the Supreme Court. Understanding why a single judgment spans multiple pages and carries various connotations is essential. It demands patience, dedicating long durations to continuous reading, sometimes up to 30 or 45 minutes for a single judgment. Complaining about the length becomes invalid when you realize that this comprehensive approach is critical to the legal profession.
In the legal realm, research should be an integral part of your daily routine. Just as a chef deals with spices and ingredients, a lawyer should engage with extensive reading. This practice provides a wealth of material to discuss and forms the foundation for constructing well-informed opinions. The readings you engage in essentially lay the groundwork, making reading and researching indispensable elements in the legal profession with no substitutes whatsoever.
You’ve consistently emphasized positive changes extending beyond the legal fraternity and the legal realm. Could you share insights into the initiatives and activities you’re involved in? Additionally, how do you envision your contribution to creating a better world for Homo sapiens, as you often express? What specific proposals or strategies do you have in mind to achieve this vision?
Survival hinges on three essential elements: air, earth, and water. Understanding the crucial link between our well-being and the environment, I emphasize the importance of giving back. Unfortunately, in the pursuit of development, the environment often faces exploitation with limited legal intervention. Those studying law or engaging in environmental materials must recognize this responsibility.
To address these concerns, I’ve initiated the JAL THAL VAYU Foundation. While its success may be uncertain, the aim is to inspire action. JAL represents the need to cleanse rivers and oceans, emphasizing water harvesting. Simultaneously, we encourage tree planting and other earth-centric activities under THAL. It’s a simple call to action – if you’re a lawyer, plant five trees. Engage in climate movements. This is not just charity; it’s a shared responsibility for everyone, you, me, and the entire community. The interconnectedness of air pollution, water, and soil underscores the significance of every action we take. By planting a tree, we contribute to supporting all three vital elements.
Mr. Singh, your journey from Jalandhar to the establishment of Aekom Legal is truly inspiring. Can you walk us through the key moments that shaped your path in law, from your commerce graduation to founding your own firm last year?
Thank you for acknowledging my journey. Initially, the prospect of practicing law was not a consideration during my undergraduate years. However, a strong desire for attaining a professional qualification drove me forward. To support my parents, I decided to pursue law through evening classes while working during the day. Simultaneously, I successfully completed my Company Secretary (CS) course while serving at the State Bank of India, stationed near the border towns of Punjab. After completion of my CS qualification, I left the bank and joined as a company secretary and then headed the office of a merchant banking firm in Chandigarh. My journey took a turn when I found myself amidst the challenging financial landscape following the collapse of the capital market. It was then that I recognized the enduring potential in practicing in the field of corporate and commercial laws.
With this foundational expertise, I found my stride as a corporate lawyer, starting as an associate in one of Delhi’s notable law firms. Over time, I climbed the ranks to become a Partner. After accumulating over 24 years of valuable experience, I made a pivotal decision – to establish our own law firm, ‘Aekom Legal.’
The journey from Jalandhar to founding Aekom Legal has been fueled by a deep-rooted sense of purpose and is a story of continuous learning, professional growth, and an unwavering commitment to excellence in the field of law.
The name “Aekom” is derived from the first word of Gurbani, “Ek Onkar” or “God is One.” Can you share a bit about the significance of this name and how it reflects the ethos of your law firm?
The name ‘Aekom’ holds a profound spiritual significance for our law firm, drawing inspiration from the sacred Gurbani phrase ‘Ek Onkar’ or in Hindi “एक ॐ” which translates to ‘God is One and all pervasive’. This name choice reflects not only my personal spiritual inclination but also a deep belief in the principles of unity and divine presence.
Choosing the name ”Aekom” was a deliberate decision, driven by a desire to transcend self-interest. It symbolizes our commitment to infuse our legal practice with higher purpose and a dedication to ethical and principled legal services. In essence, ‘Aekom’ encapsulates the core values of unity, integrity and a profound sense of responsibility and righteousness.
Moreover, the ethos of our firm is rooted in the belief that the pursuit of knowledge is integral to success. We hold a steadfast conviction that for every problem, a solution exists somewhere.
This guiding philosophy shapes our practice, fostering a culture of continuous learning and problem-solving to better serve our clients and the community at large.
You’ve authored and co-authored books and articles. What drives you to contribute to legal literature, and can you share a memorable experience related to your writing?
Engaging in legal literature has been a deeply gratifying journey, propelled by my unwavering commitment to disseminating knowledge. My extensive experience as a regular faculty at ICSI, where I taught corporate law matters, including corporate restructuring and stamp duty to aspiring company secretaries, laid the foundation for this endeavor. Additionally, I’ve had the privilege of being a speaker at various forums, such as different chambers of commerce, where I shared insights on Corporate Law, delving into topics like joint ventures, mergers, and acquisitions.
The inspiration to actively contribute to legal literature stems from these interactions, providing not only a platform to share expertise but also fostering a meaningful engagement with evolving legal concepts. My driving force has always been the ceaseless pursuit of knowledge – an ethos underscored by a personal motto influenced by the belief that seeking the blessings of Goddess Saraswati, the goddess of knowledge, will naturally attract the blessings of Goddess Laxmi, symbolizing wealth and prosperity.
This reciprocal process of learning and sharing underscores the significance of contributing to legal literature as not just a professional duty but a continuous and rewarding endeavor for personal and professional growth.
Over your extensive career, your expertise has expanded from corporate law to insolvency matters. What motivated you to diversify, and how has this expansion enriched your professional journey?
The introduction of the Insolvency and Bankruptcy Code in 2016 in India served as a pivotal moment, motivating a deliberate shift towards the intricate domain of insolvency matters. With a strong foundation in company law and having successfully navigated over 300 matters in the area of corporate restructuring, right from conceptualizing to execution, and working on various Company law realms, including joint ventures, acquisitions etc. I recognized the transformative potential of this new legal framework.
Driven by my deep passion for company laws, I proactively sought certification as a Resolution Professional, becoming one of the earliest individuals to achieve this distinction. This strategic move was fueled by a desire to remain at the forefront of the evolving legal landscape.
This strategic move has proven invaluable in real-world cases, allowing me to apply my enriched understanding of company laws to the dynamic challenges presented in insolvency proceedings. Early involvement in diverse matters has conferred a unique advantage, positioning me as a pioneer in this evolving field.
In essence, the introduction of the Insolvency and Bankruptcy Code acted as a catalyst, seamlessly merging with my background in company law and inspiring a purposeful pursuit of insolvency matters. This strategic alignment has not only enriched my professional journey but has also empowered me to offer comprehensive and effective legal solutions to clients navigating the complexities of corporate challenges and financial distress. Some of the notable achievements in the stressed assets acquisitions is navigating the acquisition of Ruchi Soya for Patanjali Group, Orchard Pharma acquisition for Dhanuka Group and many other acquisitions in M&A space. It also helped us to build a strong Dispute Resolution team.
You’ve been appointed as a member of the Appellate Authority under various acts. How does this role contribute to your broader vision for the legal profession, and what challenges or successes have you encountered in this capacity? As the Chairman of the NCLT/NCLAT Task Force, what initiatives do you envision to enhance the efficiency of these tribunals, and how do you plan to address current challenges in corporate litigation?
The Government by notification appointed me as a member of the Appellate Authority for a period of three years. It’s an authority constituted under CA, CS and ICWA Acts. I feel privileged to take up this honorary role where you get the opportunity to dispense justice and also play the role as reformist. As the Chairman of the NCLT/NCLAT Task Force constituted by ICSI, my vision revolves around recommending the ways and means to streamline and enhance the efficiency of these tribunals. The Task Force has submitted a comprehensive report to the President -ICSI. Once it is approved by the Council of ICSI, it will be submitted by the ICSI to President NCLT and other relevant authorities. This report focuses on vital initiatives to reform the system and address current challenges in corporate litigation. The emphasis is on reforming the process to make it more accessible and responsive to the dynamic needs of corporate litigation. The proposed initiatives seek to create a framework that not only expedites proceedings but also encourages a more collaborative and efficient resolution of disputes within the ambit of the NCLT and NCLAT. A key aspect highlighted in the report is the incorporation of mediation in the NCLT framework. By introducing mediation, we aim to unclog the current system and provide a more efficient alternative for resolving disputes. This initiative aligns with the broader goal of enhancing the overall efficiency of NCLT and NCLAT, ensuring a more expeditious and effective resolution of corporate litigation. I would also like to take the opportunity to thank ICSI for believing in me.
Being recognized as a Notable Practitioner in M&A and Private Equity by IFLR1000 is a significant achievement. How did you celebrate this recognition, and what does it mean to you personally and professionally?
Being acknowledged as a Notable Practitioner in M&A and Private Equity by IFLR1000 is a momentous achievement that holds both personal and professional significance. Personally, I celebrated this recognition by taking a moment to reflect on the journey that led to this recognition. Gratitude fills my heart for the collaborative efforts and unwavering dedication that played a pivotal role in reaching this milestone. From a professional standpoint, this recognition is a testament to the commitment and expertise invested in the field of M&A and Private Equity. The acknowledgment from IFLR1000 underscores the importance of consistently delivering high-quality legal services and upholding a standard of excellence in practice.
This achievement not only bolsters personal confidence but also elevates professional credibility, creating new avenues for opportunities and collaborations within the legal realm.
When you’re not immersed in legal matters, what are your favorite activities or hobbies that help you unwind? What inspires you outside the legal realm, and how does it influence your approach to your work?
In my early part of life, playing Tabla at Gurdwara was an activity of my life and over time, it has become a cherished hobby that evolved into a source of joy and relaxation. My love for playing Tabla is not just a leisure activity but a source of inspiration that brings balance to my life. It infuses a sense of achievement and a well-rounded perspective into my professional endeavors, enhancing my effectiveness in the legal world. Engaging in heartfelt conversations with friends is another way I find solace. Meaningful exchanges with friends provide me insight and a refreshing break that helps me to continue to work in a positive manner.
You’ve been actively involved in various roles, including the past Chairman of NIRC of ICSI. How do you see your legacy in the legal profession, and what advice would you give to aspiring lawyers and company secretaries?
Active engagement in diverse roles, including my tenure as the past Chairman of NIRC of ICSI, has been a defining force in shaping my professional journey. These leadership roles have not only honed my skills in public speaking but have also cultivated essential leadership traits that prove invaluable in navigating the intricate landscape of the legal profession. In essence, my legacy in the legal profession reflects the importance of a balanced approach—blending academic excellence with hands-on exposure and continually striving for both personal and professional growth. Opportunities like these should be embraced, as they not only provide a platform to showcase your strengths but also contribute significantly to your overall development.
To aspiring lawyers and company secretaries, my advice is simple yet profound: work hard, have a thirst for more knowledge, and adhere to the motto that drives your passion. The legal profession demands a relentless pursuit of excellence, and a strong foundation of knowledge coupled with dedicated effort is a key to success. Embrace every opportunity for learning and active participation, as they will serve as stepping stones toward a fulfilling and successful career in the dynamic and ever-evolving field of law.
Can you take us on a journey from your college days to your current position as the Managing Partner at Dhaval Vussonji & Associates? What were the pivotal moments or experiences that shaped your professional trajectory?
Embarking on my legal career, I pivoted from a potential future in medicine to law at Government Law College, devoid of campus life but rich in opportunities. My journey began with an internship at Kanga & Co., where I was drawn to the practical aspects of law, a contrast to academic theories. This internship transitioned into a clerkship, offering me invaluable mentorship from firm partners. My stint at the National Stock Exchange revealed that my true calling wasn’t in-house but in the legal field.
Joining Dhaval Vussonji & Associates during its burgeoning phase was a pivotal moment in my career. It was a leap into the unknown, a challenge I embraced wholeheartedly. This decision not only allowed me to grow professionally but also to contribute significantly to the firm’s expansion and success.
Your career spans various sectors, from banking and finance to real estate and capital markets. What initially drew you to such a diverse legal landscape, and how do you find balance in managing these different areas of expertise?
My foray into the diverse legal landscape of banking, finance, real estate, and capital markets was not a deliberate choice as it was a natural progression shaped by curiosity, client trust, and the interconnectedness of these sectors.
Initially, my involvement in one practice area organically led to opportunities in adjoining fields. Clients, satisfied with our work in a specific domain, entrusted us with their legal needs in related areas. This expansion was less about a strategic plan and more about the evolution of client relationships and the recognition of our firm’s expertise.
My fascination with challenges and a constant thirst for knowledge have been the driving forces in my journey through these sectors. Understanding securities markets from a regulator’s perspective, and then applying that insight as an advisor, provided a unique vantage point. The legal nuances of finance and securities, once alien, gradually became my comfort zone, thanks to the dynamic environment and expertise of my colleagues.
When I transitioned into real estate law, I didn’t just see it as a new field to conquer. Instead, I viewed it through the lens of my previous experience, blending the knowledge of real estate dynamics with the intricacies of funding and financial regulations. This approach allowed me to appreciate the laws not just as rules to be followed but as frameworks designed to protect certain values and objectives.
This holistic understanding has been crucial in managing these different areas of expertise. By recognizing the interplay between various sectors, I’ve been able to adopt a unique approach to legislation and practice. It is about seeing the big picture – how a decision in capital markets affects real estate development, or how financial regulations influence banking operations.
Congratulations on Dhaval Vussonji & Associates being recognized as a “Recommended Firm – 2023” by ILFR (International Financial Law Review). What does this prestigious recognition mean for the firm, and how does it reflect the team’s dedication and expertise in the financial and corporate legal landscape?
Thank you. IFLR has been renowned for its discerning analysis and recognition of legal expertise in the financial realm and sets a high benchmark for law firms around the globe. Being acknowledged by such a prestigious platform is not just an honour; it’s a confirmation of our firm’s standing in the legal community. This accolade is especially meaningful to me, as a professional deeply embedded in the financial law sector. It further intensifies the significance of our work and the impact we have made in this field.
For Dhaval Vussonji & Associates, this recognition is a reflection of the caliber of matters we handle and the substantial volumes of each case we undertake. It validates the depth of our expertise, our strategic approach to complex legal challenges, and our unwavering commitment to our clients. It is an acknowledgement of the collective effort and dedication of our entire team, whose expertise and hard work have been instrumental in achieving this level of recognition.
In addition to your legal pursuits, you’ve been involved in advising Shapoorji Pallonji on power projects in Africa. What unique challenges and opportunities did this present, and how did you navigate them?
Advising Shapoorji Pallonji on power projects in Africa presented a unique set of challenges and opportunities, reflective of the continent’s dynamic and evolving energy sector.
One of the primary challenges in African power projects is dealing with regulatory complexities. Each country has its distinct set of laws and regulations governing the energy sector, which often includes navigating bureaucratic hurdles and ensuring compliance with local and international standards. To address this, our approach involved thorough research and collaboration with local experts to ensure a comprehensive understanding of the regulatory landscape.
Another significant challenge is the infrastructure deficit. Many African countries are in the process of developing their power infrastructure, which can lead to logistical challenges in project execution. Our strategy here was to work closely with local stakeholders,
including government bodies, to understand and anticipate infrastructural limitations, and devise practical solutions.
Financing is another critical aspect. The African power sector, particularly in renewable energy, requires substantial investment. We focused on creating sustainable financial models, identifying potential investors, and facilitating partnerships that align with the project’s financial needs and objectives.
Additionally, the socio-economic context in Africa cannot be overlooked. It’s crucial to ensure that power projects contribute positively to local communities. Our involvement extended to ensuring that projects were not only commercially viable but also socially responsible, aligning with local needs and contributing to community development.
The opportunity to work on these projects was not only professionally enriching but also personally rewarding.
Your expertise extends to insolvency resolution, including notable cases like Binani Cements. Can you share a challenging experience from this area of practice and how it shaped your professional growth?
The Binani Cement insolvency case was indeed a landmark in my career. It was riddled with complexities, not just in the sheer volume of the debt involved but also in the multifaceted legal challenges that came with it. Juggling the interests of various stakeholders and adhering to the stringent timelines of the Insolvency and Bankruptcy Code (IBC) was a test of endurance and skill. This case honed my abilities to navigate through a high-pressure environment and underscored the importance of innovative legal solutions. It was a vivid reminder that the law is not just about theories from textbooks; it is a living, breathing entity that often requires a blend of strategic acumen and legal expertise.
Congratulations on being named one of ALB Asia’s “40 Under 40” in 2022! How does this recognition impact your approach to leadership and the legal projects you undertake?
Being named in ALB Asia’s “40 Under 40” is an honour that extends beyond personal recognition; it signifies a broader commitment to leadership and excellence in the legal field. This recognition has profoundly impacted my approach to leadership and the management of legal projects within our firm.
One of my core beliefs is that a true leader’s role is to cultivate new leaders. This accolade has reinforced that belief and encouraged me to continue focusing on mentoring and nurturing the talent within our firm. I firmly believe that by staying focused and striving for excellence, rewards and recognition will naturally follow. It is about setting a standard, leading by example, and inspiring others to reach their full potential.
The recognition as one of Asia’s “40 Under 40” has instilled in me a greater sense of responsibility. It is a reminder that our actions and decisions can influence the trajectory of our firm and the careers of those we mentor. This has led to a more conscious approach towards leadership – one that values the development of individual capabilities and fosters a culture where everyone is encouraged to contribute their best.
Your specializations include Banking and Finance, Capital Markets, Mergers and Acquisitions, and more. Is there a specific area that you find most intriguing or challenging?
In the panorama of my legal practice, the dynamism of Capital Markets stands out. It is an arena that is both stimulating and demanding, given its constant state of flux and the intricate regulations that govern it. The thrill lies in the challenge – to demystify complex financial instruments, untangle the web of regulatory compliance, and craft strategies that not only safeguard but also advance our client’s interests.
You’ve witnessed significant changes in the legal landscape over the years. How do you see the evolution of the legal industry, especially in areas like real estate, banking, and capital markets?
The legal sector, particularly in banking, real estate, and capital markets, has seen significant shifts driven by recent regulatory changes. The real estate sector has been transformed by the Real Estate (Regulation and Development) Act (RERA), which brought in a new era of transparency and accountability. In banking, recent amendments to the Prevention of Money Laundering Act (PMLA) and the Reserve Bank of India’s (RBI) stringent norms on non-performing assets (NPAs) have reshaped the legal framework, focusing on stronger compliance and risk management. In capital markets, the Securities and Exchange Board of India (SEBI) has been instrumental in implementing regulations to bolster investor protection and market integrity, including enhanced disclosure requirements and corporate governance standards. These developments have required legal professionals to adapt rapidly, specializing in the nuances of each sector to provide effective legal solutions.
As someone deeply involved in insolvency matters, what changes or improvements would you like to see in the current legal framework to make insolvency resolution processes more effective and efficient?
In India’s insolvency sphere, key enhancements are needed to boost the Insolvency and Bankruptcy Code’s (IBC) efficacy. This includes enforcing stricter adherence to resolution timelines to avoid delays, clarifying the hierarchy of creditors’ claims to reduce litigation, and augmenting the infrastructure and manpower of the NCLT and NCLAT to handle cases more efficiently. Additionally, incorporating cross-border insolvency norms and
streamlining the resolution plan approval process would further enhance the system’s effectiveness. Addressing these aspects would lead to more efficient insolvency resolutions, benefiting creditors and the economy at large.
When you’re not in the midst of legal matters, how do you unwind and recharge? Any hobbies or activities that you turn to for relaxation?
When stepping away from legal duties, I recharge by spending quality time with my family and indulging in reading, which provides a peaceful escape. My commitment to social work grounds me, reminding me of the broader societal impact of our actions. Additionally, as an avid sportswoman, I engage in health and wellness activities within the community, which rejuvenates me and maintains my balanced lifestyle. These pursuits offer both relaxation and a sense of fulfillment beyond my professional life.
In your journey as a legal professional, what is one piece of advice you received early in your career that has stayed with you and proven invaluable? Additionally, what advice would you like to give to the upcoming generation who wants to excel in this legal field?
Early in my career, I was told, “In law, precision is power.” This has been the cornerstone of my practice. Precision in understanding the law, articulating arguments, and drafting documents defines the quality of a lawyer. To those aspiring to make their mark, I would say, immerse yourself in the field, stay abreast of the changes, and always think a few steps ahead. Law is as much about anticipation as it is about knowledge.
Reflecting on the early days of your career, could you share with us how you embarked on your journey in law and the challenges you faced when starting Lex Favios? What were some of the key lessons you learned during those formative years?
I had a passion for Law from my early days and initially started as a Litigation lawyer, and after a few years in the profession found my calling in corporate law and eventually took up more specialised areas such as Mergers & Acquisitions, Corporate Finance and Hospitality. I spent 18 years working with large Indian Law Firms and was a Partner with laws Firms such as Fox Mandal & Desai Diwanji, before I embarked on my journey to start Lex Favios. One of the biggest challenges was to retain clients, and find the right resources and lawyers to be part of a startup Law Firm. The initial one year was more challenging, as it took a lot of convincing to clients that we can provide quality legal services in diverse areas of practice. Further, another key challenge was hiring good lawyers with experience. However, we were able to retain talent and provide quality legal advice to the clients, by ensuring that each practice area has lawyers with sound legal knowledge of its respective field. The key lesson has been that a great Law Firm is built with great human resource and by ensuring that you provide legal advise only in areas in which the Firm has an expertise, as the clients today are looking for specialised legal advice.
Being admitted as an Honorary Fellow of the Association of Fellows and Legal Scholars is a remarkable achievement. Could you share how this recognition came about, and how has it impacted your professional journey? Additionally, with numerous awards under your belt, how do you handle the balance between individual recognition and the collective success of Lex Favios?
I always had a passion for legal writing, and I contributed to the journals of Honorary Fellow of the Association of Fellows and Legal Scholars and they published my Article in the Journal, which was a great achievement which lead them to admit me as an Honorary Fellow of the Association of Fellows and Legal Scholars. The said achievement was a great validation of the legal work being done by me and also led to being recognised by the clients. All the awards I have won or been honoured with has been a great affirmation of the work done by me in the legal field and in diverse areas of practice. Each award is a validation of the legal contribution to our clients and the faith that clients demonstrate. The individual recognition helps in pitching to new clients and for new work, as it demonstrates our expertise in diverse legal areas and part of “A” List of top 100 Indian lawyers, goes a long way in boosting client confidence with the quality legal advice the Firm can offer.
India has seen some notable legal developments recently. Are there any ongoing cases or legal trends that you find particularly intriguing or impactful for the legal community?
Chief Justice DY Chandrachud established the group of companies’ doctrine as a valid and applicable theory in Indian arbitration law. For India-related dealings, the Cox and Kings ruling offers a comprehensive analysis of the Doctrine and its applicability in India. It is made explicit that signing an arbitration agreement does not automatically make one a “party” to the arbitration agreement. In situations when businesses are affiliated and engage in related transactions, this could be interpreted as agreeing to be bound by the arbitration agreement. Corporate groups should be careful to make sure the transaction is structured appropriately and that their conduct is in keeping with their aim when they want only the signatory firm to be bound by the arbitration agreement. They also need to be careful not to interfere unnecessarily with discussions or the fulfilment of contractual duties by another group company. The parties may also think about including explicit language in the contract to this effect.
Given your focus on capital markets and corporate finance, how do you navigate the complexities of international transactions, and what advice do you often find yourself giving to clients in this regard?
The key strategy I follow is gaining a thorough understanding of the laws and rules governing the relevant jurisdictions. This involves being aware of recent changes to the financial rules, corporate governance guidelines, and securities legislation.
I have been instrumental in handling various cross border transactions, both on the M&A and capital markets wherein our role goes beyond advising on Indian Laws and we work in collaboration with counsels in other jurisdictions, to understand the regulations pertaining to acquisition of equity, listing of shares in other jurisdictions other than India and bringing them in sync with Indian Laws. Indian companies listing outside India or setting ups operations outside India, need to adhere to both Indian Laws and laws of the country where the investment is being made. It is important for a legal counsel to be aware of laws of both the countries and advise the client on the applicable regulations and compliances. Unexpected difficulties during and after the transaction are reduced by having a thorough awareness of each entity’s financial situation, legal status, and reputation. Pre-transaction planning, negotiation tactics, and post-transaction integration plans are all included in this.
For aspiring lawyers entering the field today, the legal landscape is vast and evolving. What areas or emerging trends do you believe hold the most promise for young legal professionals, and why?
The need for legal experts who comprehend data protection, cybersecurity, and the legal ramifications of cutting-edge technologies like blockchain and artificial intelligence is rising along with our increasing reliance on technology. Legal experts who focus on privacy and data protection may assist companies in navigating laws like General Data Protection Regulation (GDPR) and provide guidance on the best ways to handle sensitive data, as data privacy is becoming an increasingly important topic. Remote work and legal IT tools are being welcomed by the legal profession. In the changing legal landscape, lawyers who are skilled at using technology to provide effective legal services and facilitate remote cooperation will be in a strong position. The areas of practice such as cyber security, date protection, artificial intelligence and insolvency are the new emerging legal practice areas for young professionals in the field of law.
Given the dynamic nature of technology and its impact on various industries, how important do you think it is for law students to develop expertise in technology law? Are there specific skills or knowledge areas within this field that you would recommend they prioritize?
Having a solid understanding of technology law is crucial for law students in the quickly changing legal world of today. Technology law interacts with many different businesses and legal fields, covering a broad spectrum of legal concerns pertaining to the use, advancement, and regulation of technology. Almost every business, including healthcare, banking, entertainment, and others, depends heavily on technology. In order to solve the particular issues posed by emerging technologies like blockchain, cybersecurity, and artificial intelligence, it is imperative to comprehend the legal ramifications of these innovations. It is also crucial to comprehend the legal ramifications of entrepreneurship and new company models as technology continues to spur innovation. Technology lawyers may help new and existing businesses navigate legal frameworks, protect their intellectual property, and make sure they are following industry-specific requirements.
Regarding specialized knowledge and abilities in the field of technology law, law students who are interested in this area should prioritize learning about cybersecurity and data protection laws and regulations, since these issues are becoming more common. Technology lawyers frequently handle matters pertaining to trade secrets, copyrights, patents, and trademarks. Understanding intellectual property law is crucial to safeguarding the inventions and developments of clients. It is crucial to be knowledgeable about privacy laws and regulations in light of the growing concerns about privacy. This entails being aware of local privacy regulations as well as the General Data Protection Regulation (GDPR).
Lex Favios has received recognition as the Best New Law Firm and in various other categories. What do you attribute this success to, and what goals do you have for the firm’s future?
As a Law Firm, I understand that teamwork, creativity, and a common goal lead to success rather than individual accomplishments. I wish to express my gratitude to our team for their excellent teamwork in navigating the complexities of the legal field by playing to each other’s strengths. I attribute this success to my skilled and dedicated team. The Firm has a dedicated team of lawyers, for each Practice area and each team plays a vital role in making the Firm meets its goal. Their expertise and commitment contributed significantly to the Firm’s success. As the legal landscape constantly changes, flexibility is essential. What has made us unique is our dedication to remaining on the forefront of legal trends, fostering innovation, and making investments in professional growth. In addition to overcoming the difficulties, we have grown stronger, more resilient, and better suited to assist our clients in a world that is always evolving.
The Firm is a member of Legal Netlink Alliance, a member network of USA and Europe, which enables us to provide legal services across the globe.
As for setting goals for the future, it includes the following expanding the firm’s legal knowledge to provide a wider range of services to clients, establishing new offices or broadening the firm’s clientele to include clients in other areas, bringing in new business and strengthening ties with current clients to grow the clientele of the company.
Beyond your professional achievements, we’re curious about your personal interests. What hobbies or activities do you find yourself drawn to when you’re not immersed in the legal world?
Beyond my professional engagements, I love to spend some time on reading books, playing golf on the weekends, watching law related web series and spending time with my family and kids, which is a nice rejuvenation and charges me for the upcoming week.
For aspiring lawyers or students pursuing a legal career, what aspects of their college journey do you believe are most crucial for their professional development? Are there specific types of internships or experiences you recommend they focus on to better prepare for the challenges of the legal field?
I suppose the most crucial aspect of their college is networking. One should build a strong network within the legal community. The students should attend seminars and conferences to connect with lawyers, judges and other legal professionals. To succeed in the legal industry, one must possess a strong foundation in legal principles as well as critical thinking abilities. To succeed as a lawyer, you must be proficient in legal writing and research skills. Finally, they should be taught and practice ethical and professional decorum. Integrity and trustworthiness are essential in the legal field. I believe that they should explore several legal fields as well in order to have a comprehensive viewpoint. This will help them in making educated decisions regarding potential career pathways.
Could you please share with us how your journey into law began? What inspired you to pursue a career in the legal field?
In my hometown, lawyers were not looked at with respect due to the low fees they used to command in the twentieth century. It was believed that those who could do nothing else, do LL.B. Hence, it was not a childhood dream fascinated by observing a successful lawyer in my neighbourhood or from some scenes in Bollywood movies.
I was living in a hostel while pursuing B.Com. Simultaneously, I was doing an articleship with a CA firm namely AAG & Associates as I wanted to become a Chartered Accountant as we knew only about being doctors, engineers, and CAs at that time. In December 2000, I unearthed a financial scam in the hostel management. However, the administrators of the hostel connived with the grifter and asked me to prove the charge after forging his confession letter. That day, I argued before the influential people to prove the clerk’s wrongdoing but they let him off scot-free. That was one of the worst days of my life when I got harassed despite being a whistle-blower. The proverb “Every cloud has a silver lining” became true to me. That night while introspecting the entire incident with my younger brother Naveen, I realised I had argued very confidently and logically before so many persons in authority. I also underwent the pain of false accusations and injustice done to me. They say “जाके पांव न फटी बिवाई, वो क्या जाने पीर पराई”. I realised getting justice was one of the most basic human rights. That was the night when I decided to stand for others in their pursuit of justice.
I sought time to meet Shri Ravi Sharma, Advocate, before leaving the hostel who portrayed a very good picture of lawyers in society and advised me to do LL.B. from the University of Delhi. As luck had it, the next day one of the articles of that CA firm called me to come to Delhi as he needed someone to share room rent. I immediately came to Delhi with a small briefcase in hand and cleared the entrance test of the Faculty of Law, DU and that’s how my journey commenced in law. This has turned out to be the best decision of my life to choose law as my profession and I heartily thank God for that incident.
How did you end up specialising in arbitration and litigation?
As far as my entry into the arbitration field is concerned, it was in 2005 when I was working in Amitabha Sen & Co., we filed an application u/s 11 of the Arbitration & Conciliation Act, 1996 before the “Chief Justice of India” for appointment of the Arbitrator in an international commercial arbitration titled: Secit S.P.A. vs. NTPC. I signed that application myself without engaging an AOR and approached the Registrar (Judicial) to take it on record who asked me to file it at the filing counters. But I tried to convince him that it was to be filed before the Registrar (Judicial) only as I was not approaching the “Supreme Court of India” but the “Chief Justice of India” in his administrative capacity as per the judgement in the case of Konkan Railway Corporation Ltd. and Anr. v. Rani Construction Pvt. Ltd. (2000)2 SCC 388.
After several rounds of persuasion, the Registrar (Judicial) called me to his office and informed me that Hon’ble Mr. Justice RC Lahoti, the then Chief Justice of India, had allowed the filing of our application without engaging an AOR that too through the Registrar (Judicial) for the first time and the last time as his Lordship had directed him to amend the paragraph 10 of “The Appointment of Arbitrators by the Chief Justice of India Scheme, 1996” whereby all applications thenceforth would be filed at the filing counter of the Supreme Court only. A few months after his retirement, I joined the late Justice Lahoti’s office as his Legal Assistant. I used to assist his Lordship during arbitral hearings and in writing legal opinions by doing research and preparing drafts. Just after I commenced my independent practice in April 2008, I was engaged in an international commercial arbitration. Advocates from other states and Clients started approaching me thereafter for their arbitration cases. Several cases related to arbitration law were marked to me by the Litigation Incharge, Ministry of Law & Justice when I became Senior Panel Counsel of the Union of India in December 2014 for cases before the Hon’ble High Court of Delhi. To date, I have already argued in approx 100 cases related to arbitration law before the High Court of Delhi and approx 50 arbitration cases before the Arbitral Tribunals consisting of former Chief Justices of India, former Judges of Supreme Court & High Courts, and former officers of CPWD/ MES, etc. Today, I am handling a number of high-stakes international commercial arbitrations and construction arbitrations for several ministries of the Central Government, PSUs, autonomous bodies, and private companies. That’s how my practice heavily tilted towards arbitration law.
You had the privilege of gaining first hand training from the Late Hon’ble Mr. Justice R.C. Lahoti, Former Chief Justice of India. How did this experience shape your professional life?
I was his Lordship’s first junior post-retirement who got the privilege of getting first hand training under his tutelage. His Lordship was very humble and soft-spoken and would never admonish or scold his staff for any mistake whatsoever. His Lordship was very meticulous in doing his day-to-day personal and professional work which deeply influenced me. He was fond of exclusive stationery and the latest gadgets. He guided me to read the autobiographies of legal stalwarts, classic literature, and even stories of Singhasan Battisi, Baital Pachchisi and Panchatantra as they develop decision-making abilities and have hidden messages of imparting justice. I imbibed the habit of gifting books from his Lordship only. So far, I have gifted hundreds of books to my interns, associates, friends, and libraries. The lesson I learned from his way of working was “जिन खोजा तिन पाइया, गहरे पानी पैठ” meaning thereby the one who keeps trying deeply gets the desired results. He would always ask me to examine even the repealed Acts and overruled judgments before drafting any opinion or award to find out the reasons for the development of present-day laws. He used to discuss with an open mind and would allow me to change his drafts if gets convinced by my viewpoints. Likewise, I encourage all my associates and interns to come up with ideas that may seem even absurd to make them learn the art of thinking out of the box.
Could you share insights into the international commercial arbitration case you handled before the ICC International Court of Arbitration, France in 2008-09? What challenges did you face, and how did it contribute to your professional growth?
I started my independent practice in April 2008 and obviously did not have that much work to do. After the elevation of its counsel as a judge of the High Court of Delhi, an Indian company having business in 70 countries approached me in July 2008 for its international commercial arbitration in which the tribunal consisted of three arbitrators from different countries, the seat of arbitration was in Geneva and laws of UK/ India were applicable as per the arbitration clause. Despite my lack of experience in doing international arbitrations under the aegis of the ICC International Court of Arbitration, one of the Directors of the company who used to take a deep interest in that arbitration, entrusted the case to me. So I had to study many laws at that time including the arbitration rules of the ICC, and the laws of the UK and India. I invested in buying many latest commentaries including Chitty’s Contract, Benjamin’s Sale of Goods, Kluwer’s Yearbook Commercial Arbitration, Buhler Webster’s Handbook of ICC Arbitration, Black’s Law Dictionary, etc which were very expensive for a lawyer who had just come into independent practice. I had written an email to a legal giant of that time to give me a written opinion on a particular issue which he declined by citing the reason that giving an opinion would disable him from appearing in the matter at a later stage. I briefed 3-4 other senior advocates but somehow my client did not get enough satisfaction; hence, asked me to handle the case myself. For final arguments, my client engaged Shearman & Sterling LLP, one of the largest law firms in the USA and asked me to hand him my passport so that he could get a Visa issued to participate in the arbitral hearings in Geneva. Today I regret and laugh at the same time that I had not even heard of passports by that time. Though I immediately applied for a passport but due to no change in the schedule, my client had to leave without me. Though we lost the case, the client again approached me to draft the application u/s 34 of the A&C Act, 1996 to challenge the arbitral award. This case considerably enhanced my interest, experience and confidence in international commercial arbitrations and gave me the opportunities to read laws of different jurisdictions and to brief several senior advocates which helped me in my ensuing practice. No doubt I earned handsome fees which enabled me to get established during those initial times. Of the above incident, I wish to convey to the fresh graduates that you should always be positive and hopeful as God has its mechanism to help you through unexpected ways.
Your profile mentions the publication of several critical articles and the delivery of speeches/ lectures to law students and professionals. How do you balance your practical legal work with academic pursuits, and how has this dual engagement enriched your legal practice?
Mr. Vinay Vaish, Managing Partner of Vaish Associates, encouraged me to write my first article titled: Should Capital Punishment Be Given Capital Punishment – A Capital Question” while I was interning in his law firm in June 2004. That article was published in Delhi Law Review – the annual journal of the Faculty of Law, University of Delhi. Thereafter, I wrote many articles that were published in the journals of NLU Jodhpur, Indian Law Institute, the Institute of Company Secretaries of India, Indian Social Institute, CNN magazine, etc. By writing articles, you not only learn to identify the legal issues but also how to do multidimensional research and develop your arguments; particularly when you seek to differ with a judgement of the Supreme Court/ High Court. Further, I have never declined invitations to deliver speeches and lectures to law students and professionals. The latest one was in December 2023 to the serving officers of Military Engineer Services, Ministry of Defence. I have also delivered lectures to 4th year students at a law school in Delhi as a guest faculty during my early days of practice.
There is no dual engagement and nothing to be balanced to write legal articles. I identify the conflicting issues while researching to argue in my forthcoming cases and shape them into articles/ case comments. I feel grateful to the late Hon’ble Mr. Justice RC Lahoti, Mr. Jagdish Sagar, Advocate, and Professor Alka Chawla, PIC of Campus Law Centre, for vetting my all articles with keen interest by taking time out of their busy schedules.
Due to publications, I have got many new clients who read my articles and approached me for their cases. One army man from Kolkata came to my chambers to engage me for his brother-in-law’s case as he believed that an advocate who dares to author and publish articles critical of the Supreme Court’s judgement would be dead honest. Senior Vice President of a pharmaceutical company came down from Bangalore to engage me in his several cases after reading one of my articles. During those days, law students from NLUs approached me to intern in my office after reading my articles as there were no online platforms at that time. I also got appreciation from my peers, seniors, and judges.
You’ve been representing various government departments, PSUs, and autonomous bodies since 2014. Could you share some highlights or challenges faced while representing them before the Delhi High Court and Arbitral Tribunals?
Representing the Central Government for me is a matter of gratification and a sense of fulfilment as well. Being the government’s counsel, you are expected to be thoroughly prepared and more responsible than the opposite party in your conduct before the court. You are appointed in cases of a wide range and having issues of national importance which is an exceptional opportunity to learn and get noticed by the judges and others present in the courtroom. Further, you get a close opportunity to learn how the government functions. I might have never appreciated how much effort the government officers make with utmost honesty and sincerity to safeguard the public money had I not been engaged by different government organisations in the last 9-10 years. However, there are certain practical and common challenges that I encounter while representing the government:
There is no monetary reward for winning the cases for the government. You need to have a strong purpose and abundant willpower that will propel you to keep burning your midnight oil.
Sometimes, you don’t get proper and timely instructions due to frequent transfers of the concerned officers or their heavy workload.
Difficult to find the concerned officers of different ministries as sometimes the cases get marked in late evening and you have to appear before the High Court the next morning when the opposite party might be seeking some urgent relief.
Very low fee irrespective of your standing at the Bar and the nature of cases which makes it difficult to run the office. No clerkage is paid even though you have to file ten thousand pages of documents with applications u/s 34 of the A&C Act, 1996. Payment of bills gets delayed routinely.
Had a good private practice; particularly, before the Supreme Court, prior to getting panels, which suffered due to heavy workload before the High Court of Delhi and arbitral tribunals. I couldn’t appear before other High Courts also which I used to do earlier.
Your focus has been on defending various ministries of the Government of India in construction and engineering arbitration cases. What complexities do these cases typically involve, and how do you navigate them successfully?
Construction law is a specialised field that has its highs and hindrances. Site managers who get the work executed are not available for briefing due to transfers or retirements, and documents related to the site like works diary, site order book, cement register, steel register, test register, drawings, etc are not made available due to non-maintainability of the record properly or lack of coordination between the headquarter and the site offices. Officers briefing me and sending comments to draft pleadings have generally not visited the site. Lack of trained and separate staff leads to delayed drafting and filing which sometimes results in imposition of costs or closure of the right to place on record the pleadings. A few arbitrators held hearings at venues out of Delhi where we could not go due to the lack of provision to reimburse the actual expenses. Some of the officers are unwilling to appear as a witness as they apprehend that in case their answers turn out to be favourable to the claimant, that may land them in the soup or they may be exposed to their inadequate knowledge. There is an acute deficiency of supporting staff and logistics required for efficient conduct of arbitral hearings. Officers as well as I are overburdened which makes us have late-night conferences in the office almost every day to prepare for the arguments the next day. The claimants engage a team of lawyers led by seniors, whereas the government does not have provision for paying a minimal fee to even a single associate of its counsel.
Further, a few of the sole arbitrators consisting of former judges may not have that much sound technical knowledge while the sole arbitrator being an engineer may not be able to appreciate the basic concept of ‘burden of proof’ and generally get completely baffled by the judicial precedents as to which one to be followed. Having a tribunal consisting of three arbitrators makes it unaffordable and the proceedings get delayed due to the non-availability of matching dates.
To encounter some of the above difficulties, I deploy my additional staff and I have also visited a few project sites to learn the quality and status of the executed works. I insist on the presence of project managers and site staff who have contemporaneous personal knowledge. Despite so many challenges, we have finished final arguments in more than 12 big construction arbitrations in 2023 out of which 8 awards have been published. All the cases filed by the contractors have either been dismissed, including two wherein our statement of defence not taken on record, or a small percentage of the claimed amount has been allowed. In one case, we have just been awarded 35 crores for counterclaims by a former judge of the Supreme Court. Such successes and genuine appreciation from the court/ tribunal alleviate all hurdles and make you stride with added vigour.
You’ve consistently pursued professional development, including obtaining a PG Diploma in ADR and currently pursuing an LL.M. in ADR. How do you believe these additional qualifications enhance your capabilities as a legal professional?
I firmly believe in continuous education in the form of participating in conferences, writing articles, and enrolling in specialised professional courses in which you are practising or intend to practise. I was greatly influenced by the fact that my mentor Justice Lahoti was looking for a tutor to learn Sanskrit language to read the untranslated literature in its original form just after his retirement, showing that age is just a number. Undoubtedly, doing an LLM/ PhD is not the recipe for becoming a good advocate but may help you learn the art of doing in-depth legal research, develop the habit of reading law books for long hours, explore the law library, learn the art of legal writing in the form of research articles and projects, if you have not done all the above in your law school due to the factors of you being in part employment or for lack of guidance, etc at that time. However, you would get to learn theoretical aspects of law and may make new lifelong friends and professional connections in the classroom. Further, additional diplomas and degrees in the same field you are practising in give a little extra credibility to your profile. Moreover, I have seen some government organisations and arbitration centres give added weightage at the time of empanelment if you have done LL.M.
Further, my father, who has earned three master degrees, always encourages us to go for higher studies by saying that no degree remains irrelevant and it may come to your aid in future. One of the reasons for attending the classes is that Generation Z keeps me updated with the technology and young at heart.
Lastly, considering your extensive experience and varied roles, what advice would you like to give to law students or fresh graduates who are just starting their legal careers, especially those interested in arbitration and litigation?
Ours is such a wonderful profession where all lawyers help each other without having any kind of competition or jealousy. You ask a query in any lawyers’ WhatsApp group and solutions will start pouring in. I would advise fresh graduates to not gripe about being first-generation lawyers or from small towns or being Hindi medium/ non-NLU students – “Count your blessings, name them one by one; Count your blessings, see what God hath done”. After coming into independent practice, I surprisingly realised that grey hair or lineage no longer convinces a client of you being a competent lawyer.
Never believe in the cries of nepotism and favouritism. Had it been so, I would not have won so many cases against eminent senior advocates and big law firms. The first case I won before the Supreme Court was where Ld. ASG was appearing for UOI and the recent one is against a senior known for his international arbitration practice. No judge has snubbed me for coming from a humble background. Please understand that every profession has its incomparable gestation period. For establishing in litigation you may have to ‘live like a hermit, work like a horse’ during the initial years.
Always be grateful to society for giving us affordable education – Most of us have got education in government schools and colleges at a negligible fee.
“Stay hungry, stay foolish” is perhaps the most apt quote for Advocates. Keep reading the A&C Act, Contract Act, Specific Relief Act, Partnership Act, Sale of Goods Act, Limitation Act, CPC, Suit Valuation Act, Stamp Duty Act, Registration Act, Bhartiya Sakshya Adhiniyam and General Clauses Act while waiting for your turn in the courts as many cases get dismissed for the technicalities prescribed in the above Acts.
Pay special attention to the art of cross-examination, which is done by your seniors and even by other advocates – with this skill alone you can batten down the hatches.
Finally, love your profession, it loves you back. Be proud of being an advocate – you are on an eternal quest of securing justice for the helpless and hapless people – sometimes the animals and nature even. God is always with you!
The following aspects greatly contributed to the growth of my practice:
One should undergo training for at least 5-6 years before establishing own chamber.
Invest in buying good commentaries and study the relevant provisions before doing any drafting or making arguments in the court.
As a matter of lifestyle make life-long relationships with your clients, classmates, and opposite counsel who often refer clients to you.
Write articles; particularly, for legal news & views websites and professional bodies like Chartered Accountants and Company Secretaries.
Read autobiographies of legal stalwarts and interviews on websites like www.superlawyer.in
Don’t waste your time in cafeteria gossip, at least during the initial years.
Try to grab the opportunities to argue the cases of your seniors. Most of the judges do not pass adverse orders if you fumble but they expect and appreciate good preparation at your end.
Do the same level of work for a fee of rupees one thousand as you would do for a fee of rupees one lakh – this will raise your default standards of working.
It is such a fast-paced profession that if you don’t realise you knew nothing 6 months back then you have wasted your last 6 months. Keep upgrading your skills by adopting technology, attending conferences, and doing specialised courses.
Honesty and Integrity will grow your practice like bamboo after 8-10 years.
It is not your last day in the court, it is not your last case – do your best and leave it to the fate of the client. Don’t get tempted to take a shorter route – it leads nowhere.
Have good terms with your seniors who may refer some cases to you when you leave their chambers. Mr. Vaish and the late Justice Lahoti have referred a few good cases to me.
Develop the habit of reading literature. Late Justice Lahoti used to emphasise upon reading books every day. Many times, I have referred to incidents from Ramayana, Mahabharata, Bhagawad Gita and stories of Munshi Premchand/ Ravindra Nath Tagore and recited Dohe & Sher to cut across my viewpoints which significantly impacted the judges/ arbitrators. I listen to classics on Audible these days.
Last but not the least, पहला सुख निरोगी काया. Please take care of your health to be in this unending marathon.
