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  • Nikhil Singal, Principal Associate at LKS, on all about a career in Tax Law and an MCL from Cambridge

    Nikhil Singal, Principal Associate at LKS, on all about a career in Tax Law and an MCL from Cambridge

    Nikhil K. Singal graduated from ILS, Pune in 2010. Soon after Graduation he started working at LakshmiKumaran and Sridharan as an Associate and then went on to pursue Masters in Corporate Law from the University of Cambridge, U.K. He is also a Company Secretary holding a Licentiate membership of the Institute of Company Secretaries of India. After returning back to India, he joined LKS as a Senior Associate and was promoted to Principal Associate in May, 2014.

    In this interview he talks about:

    • Law School experience at University of Cambridge
    • Interest and expertise in taxation law
    • Growing from an Associate to Principal Associate at LKS

     

    How would you like to introduce yourself to our readers who are mainly law students and lawyers?

    Hi! I’m Nikhil Singal and I’m currently associated with the Delhi office of Lakshmikumaran&Sridharan (LKS) as a Principal Associate. I graduated from ILS Law College in 2010 and joined LKS right after college. It has been a good journey so far, and I hope it remains the same in the future!

    Over the years, I’ve had the opportunity to work in different teams, handle some very exciting assignments, represent some of the biggest clients, as well as feel good about my personal growth and development. Currently, I’m handling work related to corporate advisory and commercial litigation, along with handling some important tax matters. For a brief period from 2012-2013, I went to pursue my Masters in Corporate Law (MCL) from the University of Cambridge, after which I came back and joined LKS again.

    As a lawyer, my approach has always been to expand my horizon and learn new things. I don’t like to restrict myself to one area of law or one domain. Of course, I understand that it is physically impossible to do everything, or to master everything, and I’m not aiming for that. Instead, I aim to diversify as much as possible and only after a few more years of practice, I will start specializing in a particular field. For me, change is necessary. It gives me a challenge to keep going and to keep exploring. Fortunately, LKS has been very supportive in this approach. As I mentioned, over the years, I’ve worked in different laterals of the firm and in different areas of law. So whether it be work relating to service tax, income tax, contract drafting, transactional work or dispute resolution in any forum in this country, I can very happily do it!

     

    When and how did you decide to study law? Which universities did you consider for your legal studies? How did you settle for ILS, Pune?

    I actually didn’t decide to study law. As a kid, I was always interested in doing something related to science. I spent three years in Tanzania where my father was posted as a diplomat. I studied in an international school there and loved their teaching approach. I loved all the science subjects. When I came back to India, I found it difficult to cram non-application based science subjects from voluminous books. That is not what I wanted. So I pursued commerce and thought I’ll end up doing Economics from a good college in Delhi. When I finished schooling in 2005, I had an option of going to Hansraj or Venkateshwara College in Delhi. At that time, my father also insisted that I fill up the forms for ILS and Symbiosis, Pune. So I did!

    Ultimately, I had all four options in my pocket and had to make a choice. After much counselling at home, I decided to go ahead with ILS. My parents persuaded me that law is a great field, and with my analytical approach, I would be happier being a lawyer. So honestly, the credit goes to my parents! Nevertheless, I haven’t regretted the choices I’ve made. ILS is a great college, has a great legacy, and personally I believe it was the right choice for me. I enjoy being a lawyer, and I owe a lot to ILS for who I am today.

     

    Do you think being from a non-NLU has ever proved to be a hindrance for you? Many non-NLU students complain that they feel being discriminated against during career opportunities. What has been your experience?

    Not really. I think what matters the most is what and whom you let influence you, no matter which college it is. ILS has the best of reputation, the best of faculty, and a very good mix of academic and non-academic focus. I admit that everything is not positive, but that is the same in every college or university. In ILS, I met some of the brightest individuals, some of the most dynamic, some radical, some conservative. All of them are doing very well right now, and not all of them have chosen to remain a lawyer. Personally, I believe if you can prove your worth, you eliminate, or substantially reduce your chances of discrimination. This is how my experience has been. I’ve met many Partners from firms in India as well as from London and New York, and all of them know and appreciate ILS as an institution.

     

    After graduating from ILS, you joined LakshmiKumaran and Sridharan as an Associate. How did the appointment take place? What comprised your work at LKS?

    I did two internships at LKS. The first internship was in the international trade division and the next one was in the service tax division where I focussed on GST. Both my internships were very fruitful. They liked my work and by the end of the second internship, I was offered a pre-placement offer. The placements in college had yet not started, so I was one of the first ones in my batch to get a job! I took the offer knowing very well that the work will be mostly tax oriented, of which I had very little knowledge (though it was interesting indeed).

    Initially, I was assigned to the tax litigation team and focussed on Service Tax and VAT matters. I did this for about a year. It was a good learning experience as the service tax law is still nascent and evolving. I dealt with some very challenging cases, and as any lawyer, there was a lot of grinding! But there was a lot of focus on knowledge enhancement and understanding the working of the law, rather than just doing something mechanically.

    In my second year of work, an option was given to the Associates to opt for shifting in other practices of the firm. I was the only one who opted for a change and I opted for Direct Tax where I spent another year. This was a great opportunity and a great learning experience. I was also doing some service tax work alongside. By doing this, I got the opportunity to understand Indian tax scenario holistically and in totality. This also helped me to understand why and how many commercial decisions are made in businesses around the world. On many matters, I worked directly with Mr. V. Lakshmikumaran and other Senior Partners and all of this ultimately paved my way to get to Cambridge to do my Masters!

     

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    Thereafter you went on to pursue Masters in Corporate law from University of Cambridge. Was it a professional requirement to grow expertise in your career? How would you describe your experience as?

    As I mentioned, my tax experience helped me to understand the working of businesses and the reasoning behind various commercial decisions being taken. I was very interested in understanding the rationale behind these business decisions as well as understanding the legal factors which affect the functioning of these businesses. I thought the best way to do this is to study further, and apply that knowledge in my working. I discussed this with Mr. Lakshmikumaran and though this was not a professional requirement, he encouraged me to apply and study further. I thought the time was right and with some professional experience, I went ahead to apply in select Universities in UK and US.

    Cambridge offered me the perfect course and the perfect platform for what I wanted. Ever since I was in ILS, I had it in my mind that I wanted to study in Cambridge for at least a year, and this became a reality! My year at Cambridge was one of the best years I’ve had. Every day was a learning experience, and I met some of the most intelligent and fun loving people from around the world. I don’t think I need to say anything about the quality of education and the faculty etc, as the reputation of Cambridge speaks for itself.

    The course was rigorous, VERY rigorous! The good thing about the course was its practicality. Many of the modules were taught by Barristers and Partners of law firms in London. We worked on live deals and cases. Not only was there a lot of personal development from Cambridge, but this course also greatly helped my transition to being a commercial lawyer, along with having a strong tax background.

     

    Thereafter you joined LKS as a Senior Associate and currently work as a Principal Associate there. What does it take to be appointed as a Senior Associate at LKS at that stage? How did your promotion happen?

    I had actually never given my resignation in LKS before going to Cambridge. My one year at Cambridge was considered as part of my job profile and was counted towards my work experience. LKS was very considerate in doing this. I met Mr. Lakshmikumaran and the HR upon my return and started working in the corporate advisory and commercial litigation division of the firm. Along with this, as I also do now, I also handled some important tax matters. This profile complemented my experience as a tax lawyer, as well as my academic qualification as a corporate lawyer.

    Therefore, to answer your question more specifically, my promotions were based on my past experience, my academic qualifications, as well as of course the fact that my work was appreciated by my Partner in charge as well as the senior management. The same criterion applies to all Associates in LKS. At times the promotions are “fast-tracked” depending on the performance of the individual, but that is ultimately the decision of the management. In all this, what is most required and appreciated is the hard work coupled with a positive outlook to learn!

     

    How do you say one can gain expertise in tax law? What does it take to be a good tax lawyer? Is the work significantly different from other transactional lawyers?

    Tax laws are vast and the jurisprudence relating to these laws is very extensive. Within the ambit of tax laws, you can specialize in Direct or Indirect Tax. Even within these categories, you can specialize in corporate taxation, international taxation, service tax, VAT so on and so forth. What is more interesting is that even within these specializations, you can super-specialize in one area. All these specializations and super-specializations are rewarding. In tax laws, it is generally understood and accepted that expertise can be gained by specialization in a particular area over a period of time. This is because each area has its own extensive background and jurisprudence. I’ve also seen and experienced that once you are able to deal with one area of tax laws confidently, dealing with other tax laws and areas becomes much easier. And once you are comfortable in dealing with different tax laws, dealing with non-tax laws becomes much easier. This has been my experience.

    Of course the nature of work done by a transactional lawyer and a tax lawyer is different, but that difference comes mainly at the level of the law and the procedure involved. I know many transactional lawyers who super-specialize in one area within a broad area, whether it be one leg of financing, or a specific type of private equity transaction. The same rules apply in both these contexts.

     

    How much of your work does involve litigation, if at all?

    Around 60 percent of my work is litigation, a lot of which is commercial litigation and as I mentioned, I am still handling certain important high value tax matters. The good thing here is that I get to do all kinds of litigation, in all forums, and at all levels. The other 40 percent is corporate advisory work.

     

    Tell us a bit about work culture at LKS and the life of a Principal Associate. What is your current work profile like? Please tell us about the responsibilities you are entrusted with.

    LKS has a good work culture, people are friendly and there is a lot of encouragement to junior Associates by seniors. One thing I appreciate the most in LKS is the ease of access and the open-door policy. Anyone can approach any person of the senior management, including Mr. Lakshmikumaran and Mr. Sridharan. Resources are ample, and people are always willing to help out. This is a big plus point of the firm.

    As I also mentioned above, I am currently dealing with corporate advisory and commercial litigation, along with handling some important tax matters. Many of these matters are dealt directly with Mr. Lakshmikumaran, and many a times with the guidance of Mr. Sridharan. Since LKS is now a full service law firm, the work varies a lot. I’ve handled matters ranging from tax to environment to electricity to competition. The clients I deal with are diverse, ranging from the world’s biggest social networking site to the biggest spiritual society, and LKS allows you to be the point of contact and deal with them directly relating to the matter. There is of course a lot of responsibility on the shoulder of a Principal Associate. Along with mentoring the juniors and ensuring the quality of work, you become responsible for any negative consequences also (though this is all a part of the profession!). There are times when tough decisions are required to be made, and even though LKS allows this freedom to a Principal Associate, the decisions may not always be correct. All of this is nevertheless looked at in positive light by the firm, and is part and parcel of growth process in the firm.

     

    You must have guided several interns. How would you say that an intern can generate a positive feedback in the limited time they have?

    The most important thing is dedication. You are right about the fact that there is very limited time which the interns have, but many-a-times the interns spend this time doing non-productive work. I’ve mentored interns who were not at all interested in working, no matter how simple the task or proposition was. On the other hand, there have been some interns who have gone a step further and taken the responsibility of the work. Ultimately, if the intern is able to demonstrate that he/she is a team player, willing to accept an assignment, and complete the assignment with diligence and good legal research, the fact that the intern has limited time does not matter.

     

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

    One should always accept and own up to errors and mistakes. Making mistakes is part of the professional learning and without making mistakes you cannot grow in this profession. Nobody is born a good lawyer. But one must always learn from their mistakes, try and reduce the consequences (damage control is necessary!), and try and ensure that the same mistake does not happen again. Sometimes, mistakes in this profession can cost you and the client a lot, and therefore, one has to be extremely careful. This is one of the stress factors of the profession. Nevertheless, all this should be taken in a positive light and part of the growth process.

     

    People often complain about the highly skewed work-life balance at the top law firms. What is your workday like? How do you maintain your work-life balance?

    Regular work days are always varied, from answering to various clients at the same time to running between different Courts. Work is the only constant, and workhas considerably increased as I’ve progressed in the profession. I’ve definitely learnt to deal with it in a quicker and more efficient manner, and this has helped me to take time out for myself and my family. LKS as a firm also has a good culture of promoting a work life balance and spending time with your family. Of course there are many days when I don’t get to know when the sun rises and when it sets, but this is more than normal in a profession which demands precision and quick turnaround. I have to do some form of physical exercise at least once a day, without which my day is not complete. This keeps me more active at work also. I am also very spiritual and like to read books in this area. Apart from this, I love travelling and watching movies. I spend whatever time I get with my family and try and catch up with friends as often as possible, whom I prefer to be non-lawyers (makes conversations more interesting!).

    I’ve heard quite a few bad stories about different law firms in India, but I honestly think that even there a decent work-life balance can be maintained. Some firms look down at their Associates if they leave on time. This is quite discouraging! Work, if done efficiently and with focus, can be completed in half the time which one normally takes (the Germans are expert at this!). I think this can easily be emulated and unnecessary time wasted in office should be spent on personal development and on something more social and productive!

     

    What would be your message to our young readers who want to pursue a career in tax laws?

    Pursuing a career in tax laws may sometimes seems intimidating and sometimes boring. This is the impression which I have got from a lot of undergrads. This is actually not the case. On the contrary, it is a very interesting area of law and can be very rewarding once you cross the initial hurdle of understanding how the law works.

    There is a lot of procedure involved and the substantive questions of law are inextricably linked to the procedural part of tax laws. One should always consider this as a positive challenge. Also, as I mentioned above, once you become comfortable with practicing in tax laws, understanding the working of other laws becomes easier. Many of the best counsels in India started off their practice in tax laws and many of them still invariably take up important tax matters.

    Once you start off with your practice as a tax lawyer, there is always a scope for expansion. Even transactional lawyers cannot proceed without understanding the tax position from tax lawyers, and I’ve seen many deals being changed on this count. Tax lawyers are also highly sought after internationally.

    All in all, being a tax lawyer is a highly rewarding, and I highly recommend pursuing a career in tax laws!

  • Rakhi Mohanty on Masters in Commercial Law from LSE, litigation at Supreme Court and academic research

    Rakhi Mohanty on Masters in Commercial Law from LSE, litigation at Supreme Court and academic research

    Rakhi Mohanty graduated with a B.A.LLB (Hons) degree from NLIU, Bhopal in 2010.She then went on to litigate in the Supreme Court and later worked with a law firm based in Delhi. She is currently pursuing her Masters in Commercial Law from the London School of Economics.

    In this interview, Rakhi talks about:

    • How to choose internships while in law school
    • Litigation in India and its future
    • Pursuing LLM’s in avant-garde institutions and gruelling academic schedules
    • Academic research in foreign universities

     

    Please introduce yourself to the readers. Tell us a little about your childhood and your background.

    My name is Rakhi Mohanty and I recently completed my Masters at the London School of Economics and Political Science in Commercial Laws. I am an alumni of National Law Institute University. I come from Bhubaneswar where my father is a succesful enterpreneur and my mother has taken the daunting task of looking after the family and holding us all together. Given the lack of all-round facilities in schools at Bhubaneswar,  in terms of extra-curricular activities, sports etc which are essential for a healthy childhood thanks to my parents,  took the decision to give my sister and me an opportunity to study at one of the best boarding  schools of the country, the Lawrence School, Lovedale, which was our first step to leading independent lives as individuals. My younger sister who has recently completed her Masters at Oxford University.

     

    When did you decide to take up law as a career? Tell us something about your college life. Being a law student, were you only focused on academics? How was the academic pressure?

    I once had an ex-student visit my school and give a talk on the career attributes of the legal profession and that is very time since when my fixation with the area begun. I was completely taken in by the eloquent manner and by the comprehensive and persuasive power of the speech. As I grew up and kept myself more updated with the day-to-day news from over the world over, I noticed a common pattern of most of the prominent leaders and personalities over the world sharing a common factor of law between them. I would be lying if I say that the John Grisham novels, in their glamorous projection of lawyers, did not play a major role in my decision-making. Luckily for me, I had the privilege of committing to the career at a time of National Law Schools and law firms, which were offering some of the most promising remunerations making it one of the most rewarding professions. By the time I set my foot into the professional arena,  career in law had begun to being considered as one of the most promising careers for a young individual looking for a dynamic and successful life. NLIU provided me with the much needed break in terms of a rigorous five year program which helps a student get a taste of the various subjects that law as a discpline has to offer. We had a trimester system which kept us on our toes as we had exams and project presentations every few months. Having said that, NLIU provided a student with a wide arena of extra curriculars as well which would help one in an all round development as a professional.

     

    You’ve interned at think-tanks like the Citizen Consumer and Civic Action Group. How instrumental were these internships in helping you decide what field of law you wished to specialize in?

    I think the think tanks that I did intern for, provided me with an opportunity to see aspects of life, not necessarily as a lawyer but as a a citizen, working for the betterment and efficency of the society that we live in. To be entirely honest, I enjoyed my work thoroughly and saw a side to law which requires an amount of sheer grid and determination to go on working effortlessly for the cause of others and for social well-being. They provided me with a wide area of subjects to work under such as environmental law, constitutional law etc. Having said that, as a lawyer, I feel, that one needs to find their specific area of interest to which they are willing to dedicate the next 40-50 years of their lives, working 13-14 hours each day. I found my calling in commercial laws and I am glad that before I branched out to this specific area, I got an opportunity to work and get a gist of the different branches of law, which I may never again get an opportunity to work in from here on.

     

    After your graduation, you worked in the Supreme Court. What is the reality of litigation in India? Do you think that the effort that is put into litigation does see fruition in all cases or the field of litigation is an overrated career option?

    To be honest, working in the Supreme Court first as a law clerk and then as a lawyer was one of the most defining moments of my career. I got to see the law being exercised from both sides, from the bench and from the other end, the bar. At one point of time I got to work on various judgments and be a part of the evolution of the law and later on, as a lawyer, I was working on the arguments for a case to be presented before the court. Having been asked about litigation, I would be able to explain litigation if I draw an analogy by saying that lttigation is more like running a long distance marathon. It happens at a slower pace, one needs to build up a momentum and gather the stamina, the more one practises the better they get at it and it takes a while to reach the finishing line but there is nothing quite like it. If somebody wants to litigate and feel passionately for it, they should be ready to put in the required dedication for a certain period of time and avoid feeling let down by minor setbacks. However, I think the legal profession demands one’s full time and undeterred time and attention to succeed and to be right at the top. The reality of litigation in India can be very disappointing at times, but to be honest, there is quite a high when you get argue before a bench or are applauded by the bench for presenting a case well or finishing a matter by yourself. However, I personally feel that it could only happen if one pursues something which they feel passionately for and do not feel the heat of long hours and that of a strenuous work life. I tend to be quite impatient as a person and get easily hassled by long bureaucratic processes and felt that I would not be good at litigation. I needed to find something which I could take forward and feel passionately about and that happened for me in the form of competition law.

     

    You completed your Masters from the London School of Economics. At what point did you decide to pursue your Masters? What was your motivation?

    I had decided from the very beginning that I would pursue my Masters after putting in a couple of years of work so as to be able decide as to what I want to specialise in. I stuck to my plan and after having worked for one year in the Supreme Court and then for another two years as a litigating lawyer, I decided to apply for my Masters and pursue a degree in Commercial Laws. The motivation was excellence. I did not want to slip into mediocricy and that could have only happened if I had the clarity and knowledge, which could be acquired with a Masters program.

     

    How different is the style of teaching at LSE? Do they focus more on the practical aspects of the law as compared to the NLUs?

    The teaching at LSE was extremely different from that what I had experienced at NLIU. At LSE, the students are expected to finish their readings, research and be well-prepared before a class. During the class, one is expected to voice your opinion and it is more of a discussion and sharing of opinions between the professors and the students instead of a scenario where professors are expected to spoon feed the students. In my opinion, the teaching methodolgy in the universities abroad is far superior to what we have in India as one is compelled to think out of the box, start training their mind as a professional and most importantly, it teaches you to be responsible towards your degree. The whole point of such a methodolgy of teaching is to make sure that students not only study the law as a subject but in the process learn its applications and be able to clear their notions on its implications. Having said that, one cannot forget that the degree that I attained at NLIU was an undergraduate one, which introduced me to the profession, whereas, I entered LSE as a professional, attaining a Masters degree and in the process had to a certain stature and sophistication to my work. It is only fair as to at which point, which university expected what level of work from me.

     

    How did you choose LSE over other colleges? What was the decisive factor?

    I liked the LL.M program that LSE had to offer and the wide array of subjects to choose from. What not a lot of people are aware of is that the LL.M program at the LSE is one of the intensive and prestigious programs that the University has to offer. Further, LSE offers you that one opportunity to experience life in London, the epicentre of world economy and commercial laws. I think what a lot of people do not understand is that Masters is not just about the course you study but should have the ability to  motivate, make you push your limits and not only change your perception of your life but also be a game-changer for your career. LSE and London did just that for me.

     

    What is your view on the latest trend among law students to pursue Masters abroad? How much of a brain drain do you think this is?

    In my opinion, pursuing one’s Maters abroad is not a brain drain at all. Pursuing Masters abroad gives a student a much wider perspective of the world at large and provides the much needed incites to bring in a certain level of sophistication to their work and thought process which could be put to much better use even if one decides to head back home and pursue their career in India. I feel Masters abroad is only as much a brain drain as it would be in various scenarios where lawyers working in India decide to settle abroad at some point of time in their lives for various miscellaneous reasons.

     

    In your opinion, do you think the NLU’s are conducive to academic research on a level that law schools abroad are? What is the future of NLUs?

    I feel that the compulsory requirement for academic research, which is in form of projects etc, that is being conducted by the NLUs is more of a technicality on paper rather than it being something which is actually effective and productive. I think we need to contemplate the level/standard of academic research that is being produced in the NLUs . In my experience abroad, the research work is taken extremely seriously whereby each student is appointed a supervisor who guides and provides incites into the research over the span of time so as to be able to produce something substantial and at the same time mentors the student for better research and drafting skills in terms of academic writing which leads to more international publications and referencing. In my opinion, NLUs need to put in more thought when it comes to academic research when it comes to competing with the world class universities abroad.

     

    What are your plans after completing your Masters?

    I intend to work in a reputed Competition Law/Antitrust team. I am currently exploring job opportunities in Europe as well India and given the global nature of the subject, I intend to appear for the QLTS or NY Bar exams in the due course of time so as to be able to have a multi-jurisdictional advantage to be able to make my mark as a Competition Law expert across the globe.

     

    For the benefit of the law students, kindly share some experiences of starting up with a law firm. Students are trying to gather various internship experiences at different places. Do you think internships help a law student?

    I think internships are extremely important when one is pursuing their LL.B. However, what I have learnt from my experience is that, it isn’t important to intern in various number of places but to pick one place which one feels is the best choice for them and to intern there a number of times so as to be able to exhibit their skills in that particular organization. When the time comes for recruitment, a firm or organization tends to prioritise a former intern or recalls that person’s good work over a completely fresh face. I would advice that handpick a couple of places and try to put in your best work there so that the organization either offers you a PPO or prioritises your joining in campus placements. The students should be aware of the reality that working in a law firm is not the easiest ways of life. One would be required to put in their complete time and dedication so as to be able to make a mark in a workplace.

     

    What would be your parting message to the law students?

    I would urge all budding law students to think out of the box and have the conviction to stand by their career choices, be it being that of a corporate lawyer or that of an environmentalist. We are living in a time and age when doing anything can bring you success, provided you excel in it. It is important the future talent prioritises excellence over being a part of mediocrity.