Super Lawyer

Tag: Oxford

  • Rahul Bajaj, Associate, Trilegal, on being awarded prestigious Rhodes Scholar, and making the Legal Ecosystem Disabled-Friendly

    Rahul Bajaj, Associate, Trilegal, on being awarded prestigious Rhodes Scholar, and making the Legal Ecosystem Disabled-Friendly

    Rahul Bajaj graduated in law from the  University of Nagpur in 2017. He has also secured the first position in the B.A. LL.B. course. He is the 2017 recipient of the prestigious Rhodes Scholarship. This scholarship is awarded only to five Indians each year to pursue their postgraduate education at the University of Oxford. He is currently working with Trilegal as an Associate.

    In this interview, Rahul talks about: –

    • His journey towards becoming a Rhodes’ Scholar;
    • Encouraging more persons with disabilities to join the legal profession and;
    • His recruitment at Trilegal

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    First of all, thank you very much for giving me the opportunity to share my thoughts on your wonderful platform. I have never been one for crisp and pithy writing, but I’d say that I’m a 24-year-old lawyer from Nagpur. I enjoy reading, travelling, acting a little silly from time to time, learning about new cultures and swimming (although I barely know how to swim).

     

    WHAT WAS YOUR FIRST REACTION ON LEARNING THAT YOU ARE BEING AWARDED THE PRESTIGIOUS RHODES SCHOLARSHIP? DO YOU RECALL THE FIRST FEW DAYS AND THE INTERVIEW? WHAT INSPIRED YOU TO APPLY?

    You’ve packed a lot of things into that question. Let me answer your question in a chronological order, based on the order in which each of these events took place.

    I had no plans of applying for the Rhodes when the application window opened last year. In fact I didn’t even know when the application window opened until I decided to apply. While I have always viewed myself as someone who is sure-footed and confident about their abilities, I didn’t think I had any chance of getting the Rhodes. This was principally because of two reasons. First, I didn’t go to an NLU, and almost all Rhodes Scholars from the field of law, in the last two decades have been NLS or NALSAR graduates, with some notable exceptions. Second, I wasn’t sure if the selection committees were prepared to select a student with a disability, not just because of stereotypes, but also because of the very concrete limitations my disability poses and tackling them, even in Oxford, would entail time and effort. I think my inhibitions are best captured by what James J. Barnes, the first blind person to get the Rhodes says in his memoirs:

    “… I know that I can take no credit for blazing the trail, but I have always given my selection committee members, both at the regional and state levels, much appreciation for not eliminating me out of hand. Clearly they looked behind the superficial but very real limitations I possessed and judged the whole personality.”

    My friend, Dhruva Bhat, who got the Rhodes in 2016 was the first person who encouraged me to apply. I then consulted another close friend who told me that there was no one more deserving to get the Scholarship. So I figured that there was no harm in applying and, given that the Scholarship had been awarded to a student from a relatively low-ranked NLU the previous year, my chances were not unquestionably foreclosed.

    The interview panel for the final round was headed by Gopal Krishna Gandhi who went out of his way to make all interviewees feel comfortable and at ease. I had prepared very rigorously for the interviews, with many rounds of mock interviews, so I found the actual interview to be quite manageable from that standpoint.

    My first reaction was one of complete disbelief, followed by unrestrained elation, followed by the recognition that this is just one milestone on a long road.

     

    HOW DID YOU GO ABOUT WRITING YOUR RÉSUMÉ AND MOST IMPORTANTLY, YOUR STATEMENT OF PURPOSE FOR RHODES SCHOLARSHIP? WOULD YOU LIKE TO SHARE YOUR SOP WITH US?

    Insofar as the resume is concerned, I just modified the resume that I already had to fit their requirements; I structured it in such a way as to make good the point that I meet the four criteria that they look for. Insofar as the SoP is concerned, I thought long and hard about how I wanted it to be. Instead of sharing the text itself, I think it would be more helpful if I share the process of crafting it.

    I wanted to not only highlight my accomplishments and successes, but also make the point that they were all achieved despite being blind since birth. Some might read this and think that I was playing the ‘blindness card’, but my thinking is that someone who has achieved the things that bring you within the zone of consideration for the Rhodes despite being blind has definitely had to work a lot harder to mitigate the impact of a significant objective impairment. So I began my SoP by talking about the challenges that I faced as the first blind legal intern at the Supreme Court working for a judge, through an anecdote. Against that backdrop, I outlined my relevant accomplishments in the areas of IP and constitutional law, in which I am most deeply interested, and closed by trying to drive home the point that my accomplishments, coupled with the odds that I have had to face in achieving them, make me a great fit for the Scholarship.

     

    DO YOU NEED TO HAVE RECOMMENDATIONS AS WELL? WHAT KIND OF PROFILE IS NEEDED WHILE APPLYING FOR THE SCHOLARSHIP?

    Yes, you need six letters of recommendation – preferably three academic and three extracurricular. I chose my referees in such a way as to be able to make a cogent and compelling case for the proposition that I met all the four criteria that they look for – intellectual ability, ability to use your energy to the full, ability to empathise with and protect the weak and moral force of character and instincts to lead. My referees were Professor Shamnad Basheer, Swaraj Barooah, Justice UU Lalit, Professor Shirish Deshpande, one of my law professors who is himself blind, my constitutional law professor who I’ve described in response to a subsequent question, Professor Varsha Deshpande and my school principal.

    I think anybody who feels that they meet these four criteria should give it a shot, despite whatever grave flaws they might feel their profile suffers from.

     

    WAS THERE ANY INTERVIEW ROUND? IF YES, HOW WERE YOU PREPARED TO FACE THE PANELISTS? WHAT KIND OF QUESTIONS WERE YOU ASKED?

    Yes, there were two interviews – one technical and one final. The technical interview focuses on questions about: (a) your areas of interest in the field of law; (b) your general legal ability; and (c) your awareness of topical legal and sociological issues. As I mentioned earlier, I had done a lot of mock interviews – in fact with three of the five scholars from the previous year that were very invaluable.

    In the technical interview, I was asked such questions as a question about a piece of research that I did in my internship with Justice Shakdher of the Delhi HC; why I got involved in IDIA’s programme for students with disabilities and what structural barriers they faced; how I thought IP and human rights could be balanced, based on a paper that I had written; if I thought that studying in my home town was a compromise that I had to make; and if my disability should form part of the calculus when assessing my candidature.

    In the final round, I was asked such questions as my views on the right to be forgotten which I had written about and unenumerated rights in general; my internship for Justice UU Lalit of the Supreme Court; the one fundamental transformation in society that I’d like to see; what my future plans were; and my interest in learning languages.

     

    WHAT WAS THE SELECTION PROCESS LIKE? WHAT WAS THE MOST CHALLENGING PART OF THE PROCESS? HOW DID YOUR LAW SCHOOL EXPERIENCE HELP YOU IN THE PROCESS?

    The process is divided into three parts – written submissions, followed by two rounds of interview, the details of which I have sketched above. The most challenging part, for me, was making the decision that I wanted to apply.

    As for my law school experience, I got a lot of flak when I said in my interview to Bar and Bench after getting the Rhodes that my college, Dr. Ambedkar College of Law, has a lot of scope for improvement and the manner of functioning leaves a lot to be desired. While I continue to maintain that belief, I think I would be doing a huge disservice and injustice to some teachers in law school if I don’t make a mention of their contribution in shaping my thinking as a lawyer. We had an excellent constitutional law professor, who, despite the dispiriting college environment, taught constitutional law with a tremendous amount of energy and passion and unparalleled power of articulation and helped cultivate my love for the subject. We had another great professor who taught us legal language and writing and labour law and devoted significant effort into helping us appreciate the nuances of the subject matter that we were taught. We had a couple of other good professors, too.

    Notwithstanding the above, I think traditional law colleges, such as mine, are characterised by institutionalised mediocrity, as Dr. Manmohan Singh once said. For a student of law who is interested in honing their legal skills and acquiring a deeper appreciation of the law, nothing can be more demotivating and frustrating than having to return home day after day after day because the college doesn’t want to conduct classes for some or the other specious reason or the students and teachers who help perpetuate this culture aren’t taken to task. I don’t say this to demean anyone or because I have an axe to grind, but because I think that there’s no point in the platform that I have been privileged to have been given by virtue of getting this Scholarship if I can’t use it to make a contribution, howsoever insignificant, in helping foster conversation on the issues that I care deeply about and sow the seeds of change.

     

    WHAT ARE YOUR PLANS AFTER YOUR POST-GRADUATION? WHAT KIND OF CAREER DO YOU ENVISAGE AFTER GRADUATING FROM OXFORD?

    I’d like to litigate in the areas of constitutional law and IP law. I’d also like to pursue a career in policy formulation alongside litigation.

     

    WHAT FIELD OF LAW DO YOU INTEND TO PURSUE AT OXFORD AND WHY?

    Constitutional law, human rights and intellectual property. These are the areas that I have developed maximum interest in, by dint of the opportunities that I have had in my career thus far.

     

    DOES THE UNIVERSITY OF NAGPUR PROVIDE EQUAL OPPORTUNITIES TO PERSONS WITH DISABILITIES?

    You see, back in 2012, my family and me didn’t think that an NLU would have the wherewithal to accommodate a student with a disability. The only example of this happening was Moiz Tundawala, who had gone to NUJS and is in fact a resident of Calcutta, so he was a day scholar there. I have always attached great importance to maintaining high standards of excellence in academics. I was not sure an NLU would have an enabling environment to facilitate this. As we saw it, the choice was between being relegated to the fringes at a leading law school and thriving at a lesser known law college where I would have easier access to resources and more time to build my career in the manner in which I wanted to. Further, while it may have been possible for me to adjust, as I eventually did in the Supreme Court, the Delhi High Court, and several other places where I have interned, I was not the person then that I am now, so I didn’t really push the envelope on going to an NLU as assertively as I perhaps should have, in hindsight.

    Our concerns back then weren’t unfounded. Even today, the students with disabilities who are at the NLUS aren’t exactly welcomed with open arms. From faculty members who grudgingly accommodate disabled students at best and make them objects of pity or refuse to accommodate them at worst to registrars and staff members who adopt an adversarial approach when dealing with their needs; from peers who quietly distance themselves from you and are unable to embrace someone who is difference due to ignorance or prejudice to inaccessible infrastructure, the challenges faced by the disabled are large in number.

    That said, change is afoot in many places and we will hopefully see things improve. NLSIU recently admitted the first totally blind student in its 32-year-history and their Law and Society Committee has taken the lead on sensitising all stakeholders about the needs of the disabled.

    Insofar as my own college experience is concerned, as I studied in my hometown, I had access to all the resources I needed to study independently, which is what my legal education mostly boiled down to. My professors were also as helpful as they could be.

     

    WHAT IMPROVEMENTS DO YOU SUGGEST THAT THE COURTS NEED TO MAKE FOR ENCOURAGING MORE PERSONS WITH DISABILITIES TO JOIN THE LEGAL PROFESSION?

    That’s a very loaded question and probably warrants a separate interview. The challenges are many, and most notably include: (a) inaccessibility of documents, even digital documents; (b) inaccessibility of legal databases; (c) accessibility barriers on court websites; (d) absence of an institutionalised frame work to accommodate disabled lawyers; and (e) inaccessible physical infrastructure, lack of human assistance in courts and overcrowded courts in which even a sighted lawyer would struggle to find their way, let alone someone who is blind. People tell me: now you have digital access, doesn’t that solve your problems? The answer is that digitisation, if not configured with accessibility in mind, can help create and perpetuate barriers rather than breaking them down.

    I have filed an application in the Supreme Court to help effectuate some of these changes. You will hopefully hear about it soon.

     

    HOW DID YOUR RECRUITMENT TAKE PLACE AT TRILEGAL? IS TRILEGAL A DISABLED FRIENDLY PLACE?

    My recruitment happened by virtue of a PPO that I got after my internship at Trilegal. The answer to your second question would unequivocally be in the affirmative. I can cite several examples of the initiatives that they have taken for me: buying for me a more efficient OCR software; a computer that works better with my screen reader; and encouraging me to figure out ways of doing all the things that my able-bodied counterparts are expected to do.

    As a disabled legal professional, one obviously faces a variety of challenges, given that the working of the profession and the courts is not structured with you in mind. Despite this, Trilegal has done everything possible to accommodate me as fully as they can.

     

    WHAT WOULD BE YOUR ADVICE TO OUR YOUNG READERS WHO WOULD LIKE TO APPLY FOR RHODES SCHOLARSHIP IN FUTURE?

    I am not old or wise enough to give career advice to anyone. What I would like to close with is this beautiful quote from Marianne Williamson, which more eloquently and forcefully conveys my thinking:

    “Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourselves, Who am I to be brilliant, gorgeous, talented, fabulous? Actually, who are you not to be? … Your playing small does not serve the world. There is nothing enlightened about shrinking so that other people won’t feel insecure around you. We are all meant to shine, as children do… And as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others.”

    You may dismiss that as a lofty and cheesy expression of sentiment, divorced from the way the world actually works. But I think it conveys a profound message which is this: unless we are able to come to terms with the proposition that we have within us the capacity to achieve our goals and break down the barriers holding us back, how can we ever hope to convince others or translate it into reality?

    So my short message would be that, instead of focusing too much on the cards that you are dealt, try focusing on how best to play them; instead of focusing on what you cannot do, try focusing on what you can. This can hold one in good stead for pursuing any meaningful endeavour, and the Rhodes is no exception.

     

     

     

     

  • Shriya Maini, Advocate, Supreme Court of India, on Independent practice in law, studying an International LLM from the University of Oxford, and writing research papers

    Shriya Maini, Advocate, Supreme Court of India, on Independent practice in law, studying an International LLM from the University of Oxford, and writing research papers

    Advocate Shriya Maini practices at the Supreme Court of India, the Delhi High Court and District Courts at New Delhi. She specialises in Dispute Resolution and as an unabashed feminist particularly enjoys criminal litigation.

    Ms. Maini is a graduate of Gujarat National Law University, Gandhinagar. She joined the Dispute Resolution team of erstwhile Shardul Amarchand Mangaldas and Suresh A. Shroff, as an Associate in their law firm. Subsequently, she went ahead to pursue her Bachelors in Civil Law (LLM) on a full scholarship namely Dr. Ms. Ambuti Salve Scholarship 2014-2015 at the University of Oxford, United Kingdom. Ms. Maini is also a recipient of the Oxford Global Justice Award for Public International Law, 2015 – 16 which gave her the opportunity to assist the President of International Residual Mechanism for the Criminal Tribunals (“MICT”) at The Hague, Netherlands. Currently, she serves as Visiting Faculty at National Law University, Delhi and Lloyd Law College, Noida. Ms. Maini is an independent consultant for International Law and Legal advisor at the LexQuest Foundation.

    Oxford is a dream college for any law graduate. However, what is life at Oxford like? What happens once you have earned your Oxford degree? Is Independent Practice an option? Being an independent litigator or founder of a firm, in the bubble of the bar, is a pretty big deal. Most who step foot in litigation, often only on nominal remuneration (if any) doled out by well-paid senior lawyers, the dream of the day they can finally set up their own shop. While it might seem to outsiders like all it may take to become a successful advocate is talent and passion, the skills required lie in the business realm more often than in legal.

    In this interview we speak to Ms. Maini about:

    • Tips on writing SOPs and Recommendations required to bag scholarships for foreign LLMs;
    • Masters in Law from the University of Oxford focussing on full scholarship;
    • Transition from a law firm job to Independent Practice;
    • Importance of writing research papers.

    HOW WAS YOUR EXPERIENCE AT GUJARAT NATIONAL LAW UNIVERSITY (“GNLU”) AND WHAT WOULD YOU SAY THAT YOU DID DIFFERENTLY FROM THE REST OF THE STUDENTS TO GRAB FOUR GOLD MEDALS AND EVENTUALLY ADMISSIONS IN BOTH OXFORD AND CAMBRIDGE?

    GNLU was a lovely experience, not only in terms of my professional and academic learning but also personal growth. In college, one is straight out of school and is looking for an avenue where he/she wants to achieve the skies, learn something new, besides of course, making new friends. Hostel life and classroom studies can be real tough taskmasters especially in a place which is far away from what we all call our comfort zone – home. What GNLU taught me was how to adjust well in hostile situations and share my knowledge with possibly everyone around. I also think the quality of the law school really matters, be it their faculty, teaching style or available course options. A great idea would be to speak to as many seniors and alumni and gather information online as to what each law school distinctly offers. When you are picking your college even while filling in your CLAT preferences, be very sure of what you want and where do you want to go. Don’t just follow the names, see for yourself what you want to do, be it social work or firm job or Court practice. For instance, I was very sure that I wanted to litigate and hence, I chose a college closer to my hometown and made a conscious choice that Courts in Gujarat and Delhi could perhaps, help me find plausible internships.

    As for your second question, I didn’t do anything different particularly but I think the one thing that I plausibly did differently was that I paid attention in class. There is a current trend of sleeping through law school classes or being very casual about attending classes thinking that during exams, one can read right at the end and score well. However, I believe it is a great exercise to listen in class and make your own notes, supplementing them with a book perhaps for each subject – for instance say Kelkar for Criminal Law or C.K. Takwani for CPC. These individual notes for me turned out to be best possible sources to study for end-term exams which were subjective in nature. This is in my opinion is one of the easiest ways to score very well in almost every subject in law school (be it civil, criminal or corporate law) and achieve a very high CGPA!

    Another thing that I incessantly followed was writing well researched papers when I was doing assignments or projects at law school. I have converted a lot of them today into top quality publications which have been read world – wide and have helped me garner some great work as an Independent Practitioner and Consultant in Public International Law. So I would say take your projects very seriously and critique the law that’s currently in place. Pick a topic which is perhaps a grey area of law or a burning topic for that matter. These could also help you create some cutting edge research ideas which could set you apart from the rest in class.

    HOW DID YOU GET INTO OXFORD, WHAT ALL DID YOU DO?

    I think for admissions to Oxford and for that matter Cambridge as well, it’s very important that you plan well in advance. Should you want to start your studies the next year, I think it’s important that you start gearing up from August-September this year itself. Start collecting your recommendations, prepare a well-researched Statement of Purpose and apply before the scholarship deadline. To sum up, time management is one thing that you must keep in mind while making Applications to foreign Universities for the LLM course. I suggest it’s a great idea to make a chart or table of all the deadlines of various Universities (with and without scholarship) so that the application process becomes far more coherent and crisp. This is what I personally followed, besides carefully monitoring my Statement of Purpose and Recommendations.

    Another aspect to keep in mind is that when you are applying to a stalwart University like Oxford, it is always advisable to research well about the University and its courses offered. Another suggestion would be to speak to a lot of seniors and alumni who have been to Oxford because these are the only few who seem to know the things at the grass-root level. A quick Google search say of the University, any of the past Statement of Purposes uploaded therein could benefit you manifolds. This would give you a wide array of options to pick from and you could then craft an SOP or Recommendation Letter, suited to your own specific needs, depending upon the college. For instance, Oxford Recommendations and SOPs are very academic unlike a London School of Economics, which focuses more on the practical side of law. I had made up my mind for an Ox-Cam degree and hence, I prepared all my documents accordingly. My SOPs and Recommendations were very specific, academic and crisp alongside, distinctly explaining why I wanted to read which course at a foreign University only.

     

    WHAT WERE THE OTHER ACTIVITIES THAT YOU UNDERTOOK OTHER THAN WRITING AND PUBLISHING RESEARCH PAPERS?

    That’s a great question! I think these activities which you are referring to – that we undertake at law school form the very basis of the contents of any LLM application. Foreign Universities do not decide Applications solely on the basis of academic scores (which are fairly important) but they look for something extra, what I like to call the “X” Factor. These could be moot court competition, research publications, book or commentary writings etc. I was primarily focussed on mooting for public speaking came rather very easy to me. I participated in two moot Court Competition, the Manfred Lachs and Nani Palkhivala – both which dealt with my interest area – Public International Law. So, mooting for me was like learning the law and enjoying myself while doing just that. Infact, Public International Law is a field that I now constructively engage with on a daily basis. So, I would say, keep your focus intact and start preparing step by step, right from the first year depending upon where you see yourself in the next five years. Focus on your interest areas, be it civil, criminal, corporate or tax. This is how I used the mooting process to my advantage – I researched and learnt the law, developed court mannerisms and soft skills besides inculcating team spirit. Additionally, it is also advisable to engage in atleast one extra circular activity, be it painting, dance or music.

    Another activity that I undertook was attending conferences and research based events. This extensively helped me network and realise how communication is the key to success in this profession. I applied for internships and sought answers to my queries by sending e-mails to my seniors. Today, I receive requests on Social Media on a daily basis requesting information on a plethora of topics, be it my work at the United Nations or Oxford or the LLM Application process in general. I make it a point to take out some time and try and respond to as many students as possible.

     

    WHAT WERE YOUR CONSIDERATIONS WHILE APPLYING AT THE FOREIGN UNIVERSITIES AND WHAT MADE YOU CHOOSE BCL FROM OXFORD OVER AN LL.M. FROM CAMBRIDGE AND HOW ARE THE TWO ANY DIFFERENT?

    One of the most important considerations apart from academic scores is finding scholarship options while making LLM Applications to foreign Universities. Another consideration for me was place of convenience (England being closer to India than America), a specific law you want to study (International Law for me) or place where you want to practice eventually. Let’s go step by step: While applying for both Oxford and Cambridge, I was categorically focussed on applying for a common law university. It’s a good idea to keep your options open if you are not sure what you really want to major in. Apply for a general LL.M unless you are very keen to practice in a niche area of law, such as International Tax or Intellectual Property Law. I too opted for a general LL.M. with 50 subjects on the table so that I could pick my four most preferred subjects.

    As for differences between Oxford and Cambridge – the BCL course at Oxford looks at the law from a very academic point of view unlike Cambridge, which is more practice oriented. Oxford in general has a very theoretical approach to the law because you have a lot of Queen’s Counsels and Professors teaching on campus who have literally helped lawmakers create the law. So, Oxford in effect teaches you why the law i.e. the reasoning behind the formulation of a law. This is a very interesting approach because the same inculcates critiquing abilities in a student and help form arguments and questions of law subsequently in filing Special Leave Petitions for instance. Again said, the Tutorial system in both these Universities is a fantastic model from which our Indian Universities could benefit manifolds. During the tutorials, one writes a research paper critiquing the law, and the tutor gives him/her individual feedback in person. This teaches the students the art of formulating legal arguments, besides describing how the papers must be structured.

     

    YOU PUT A LOT OF STRESS ON RESEARCH PAPERS AND PUBLICATIONS. HOW MUCH IMPORTANCE DOES PUBLISHING OF A BLOG OR AN ARTICLE ON INDEPENDENT BLOG WEBSITES HOLD?

    Today, blogging has given the power and leverage to almost everyone to put their thoughts onto paper. When used effectively, this could be an easy and inexpensive gain for any Independent practitioner’s work. Like persuasive and binding value of judgements, if you publish an article in a legal journal, it carries more weightage than an independent publication on a blog-site. Hence, I would suggest either you write something so strikingly different on your own blog or write for a blog – site which has a good readership and is well known in the market. For Example – there is a very famous peer-review blog called EJIL which was started by the University of Oxford students. Today, the blog is very highly regarded and every two months, stalwarts share their views on International Humanitarian Law and International Criminal Law. If you have a publication on EJIL, that’s more prestigious than some of the journals as well. I believe, blogs – sites are the way forward – they are the best spaces for Advocates to work on, to enhance their knowledge and clientele.

     

    COULD YOU PLEASE TALK ABOUT YOUR APPLICATION FOR THE PRESENT STUDENTS?

    Out of the many who apply to Oxford, only a handful are selected, not because the others don’t have the marks or academic prowess but because their applications starkly lack content and structure. It is essential to be aware of the International standards and approaches when one is making such applications. The most important feature of your Application for an International course is an SOP – “Statement of Purpose”. When you draft an SOP you must state clearly why you want to join a particular University, the subjects you want to study or why do you want to study those subjects in that particular University only, perhaps, because the same are not available in an Indian University. Before making my Application, I thoroughly researched about the Universities that I was keen to apply to, their course modules and current as well as adjunct faculty. I request all of you to decide well in advance which are the subjects you wish to pick for your LLM – so you must know before making your Application which course modules you intend to read in which College. This process immensely helped me craft tailor-made Applications for different Universities and their courses. Additionally, I read my Application twice over prior to submission and applied well in advance, within the Scholarship deadline.

     

    WHAT IF A PERSON WANTS TO PURSUE THE SAME COURSE WHICH IS AVAILABLE IN A GOOD UNIVERSITY IN INDIA? WHAT SHOULD A STUDENT DO IN THAT CASE?

    I think it is important to realise and fathom the fact that we are still miles away to go when it comes to legal education. There’s a reason why people go out and study. I won’t say that there’s no good faculty in India but what they are doing out there is very different and there is no harm in learning from the foreign Universities how and what they teach. Today, many Indian Universities are collaborating with foreign ones for exchange programmes for their undergraduate students. There must be cogent reasons for the same. Should you compare the course modules that an Indian University offers vis-à-vis a foreign University, you will realize how far ahead they are in terms of teaching innovative subjects, hiring excellent practitioners to teach academic subjects and characteristically bright methods of teaching, such as the tutorial system.

     

    IS AN LL.M. FROM THE UNITED STATES OF AMERICA BETTER OR FROM THE UK? WHAT ARE THE MAIN DIFFERENCES BETWEEN THE TWO?

    The two are essentially very different in their approaches. The UK LL.M. is based totally on Common Law perspectives, though we study a fair bit of Civil Law. On the contrary, the US LL.M. is totally based on Civil Law teachings. This limits the scope of those who want to come back to India at some point in time and practice. So if you want to come back to the Indian Courts, I’d suggest it is always better to go for the United Kingdom. However, many believe that the American market is currently way more welcoming when it comes to hiring Indian students who write the American Bar exam post their LLM. Again said, they both have their own pros and cons.

     

    HOW IS THE PEDAGOGY AT OXFORD DIFFERENT FROM THE TOP UNIVERSITIES IN INDIA?

    My most favourite memory of the last few years is my time spent at the University of Oxford. This because studying at Oxford is a once in a lifetime opportunity. The environment is intellectually stimulating to the extent that it pushes you to excel, should you take it in the right spirit. It is a student’s city, full of the best minds from all across the globe, bubbling and bursting with knowledge. Even the Pubs and Bars have students lounging and discussing the law. My experience at Oxford taught me how to question and critique the law, without simply accepting and applying it. The teaching methodology at Oxford comprised of lectures and seminars (classroom discussions wherein questions were released a week in advance). We had a system of tutorials wherein we were supposed to write papers every month on topics for subject, only to be assessed and given feedback on in person by our teachers. This personalized attention in a Masters course is what makes Oxford the best of the best. It was inspirational for me to witness how the best University in the world functions, alongside keeping its humanitarian approach intact.

     

    HOW DID THE 100% SCHOLARSHIP AT OXFORD HAPPEN? COULD YOU TALK ABOUT WHAT HELPED YOU GAIN THAT SCHOLARSHIP?

    I think this is one question I can answer out of sheer experience and nothing else. I never had a Plan A or a Plan B when it came to doing the LLM. I had always decided that I was going to go out and study, and as far as the money was concerned, I knew it was a big amount but I really did not think too much about it while I was making the Application. The best advice that I can pass on is – Do not fret about the funding before applying for a Master’s course. Make your Applications first and alongside or subsequently figure out the funding options available. And the best way to do that is – APPLY EVERYWHERE POSSIBLE FOR SCHOLARSHIPS! This is what I tell all the students who come and ask me about any kind of scholarship questions. The best way to get a scholarship is to apply everywhere because what matters is that one YES, not those numerous NOs. A cent per cent scholarship (including tuition fees and living expenses) may not be easy, but it’s not impossible if you try hard. Almost every University application has a separate scholarship section. So, keep an eye out for these alongside the bursaries and grants that are doled out towards the end of the Application process. There are also numerous Indian donors who can help you out – be it Inlaks or Aga Khan. Please remember all the University linked scholarships have early bird application deadlines with an automatically linked funding application. Also, Universities like Oxford have multiple colleges, be it Exeter or Sommer ville. So, check if any Scholarships are specifically linked to your College. For instance, the Dr Mrs Ambruti Salve Scholarship was linked to Exeter College at the University of Oxford. I was indeed blessed to have received a full grant which included my tuition fees, travel and living expenses.

    Another tip that I give students is that your SOP must in a line or two stress on the need for funds factor. Make it clear and evident even when you are applying to the University that you are looking for funding. Do not feel shy or embarrassed about the fact that you are coming from a third world country, and probably you could do with some monetary help.

     

    HOW CAN ONE MAKE THE MOST OF A SHORT SUMMER SCHOOL COURSE AT OXFORD UNIVERSITY, MAY BE A MONTH’S COURSE? ARE THEY BENEFICIAL THESE KINDS OF SCHOOLS, OR IS IT BETTER TO GO ON A SCHOLARSHIP?

    I realize that I am on a public platform and I may be quoted if I say this, but I am going to be very brutally honest about it. From a very personal experience, I believe spending money on a month long summer school at a University in England or America is definitely not worth it, unless you have the funding available. I think one can easily enrol for diploma courses online or offline that are available at much cheaper costs in India, instead of these expensive foreign location based summer schools. Please do not spend your parents’ hard earned money, or even your own accumulated money on a summer school option which is only a month long. So, hold on to those green notes for a wiser option, maybe an LL.M.

     

    WE KNOW FOR A FACT THAT YOU HAVE WORKED AT AMSS BEFORE GOING FOR YOUR BCL. HOW DID YOU UTILISE YOUR TIME AT AMSS TO STEP INTO PRACTICE ?

    The workings of a law firm are very different from how independent practice works. The law firm culture teaches you qualities that practice wouldn’t and vice versa. The most important skill that I acquired from the law firm environment was communication. I learnt how to send out and receive formal e-mails to clients and arbitrators, how to make contacts, how to interact with people, especially client interviews. This is one skill I now utilise in my practice, a lot.

    The second skill which is law firm specific is meeting deadlines. In an independent practice set up, one can get pretty lazy and relaxed, seeking multiple dates for submissions. But the law firm environment teaches you to stick to deadlines because you have a senior to report to. The inherent structural hierarchy teaches you effective time management and smart client billing. These acquired skills are a boon for a practitioner who finds it hard to not only procure work but also bill decently well. I have purely used these skills to grow from one client into fifty more in an ongoing builder-investor dispute. Lastly, the law firm as a junior teaches you how to be resilient and churn out the first draft so that the same can be edited over a series of corrections. Now being in independent practice, I ensure that my drafts are read over and copyedited atleast thrice in the office/chambers before their submission in Court.

     

    IS THERE ANY POINT IN DOING AN LLM, IF YOU ACTUALLY WANT TO LITIGATE IN INDIA?

    I’m always asked this question because almost all those who cannot make it to an Oxford or Cambridge at the Masters level criticise it thoroughly, saying there is no use wasting a year, better practice in the Indian Courts. However, I do not at all agree with their views. This because the education standards, legal knowledge, command over language and critical thinking are approaches that are best developed at the Masters Level, for the focus becomes very specific on a single subject or topic. This tremendously enhances the aura of a lawyer for he learns how to question why the law. This is why most of the better Supreme Court lawyers in India have a foreign LLM degree. I can proudly say that I draft all my petitions from scratch, analysing precedents and even critiquing them at times, without cut copy pasting judgements. Small skills can go a long way in making a great lawyer. Foreign LLMs train you exactly in that direction and for that purpose. Additionally, foreign LLMs do give you special knowledge which general practice in Court would never. I was fortunate to read International Criminal Law during the BCL at Oxford and today, I teach that subject in Indian Law schools, be it Lloyd Law College or National Law University, Delhi. Indian Court practice wouldn’t have ever taught me the same!

     

    WHAT CHALLENGES DID YOU FACE DURING THIS TRANSITION FROM THE TOP MOST LAW FIRM TO INDEPENDENT PRACTICE ?

    While at Amarchand, I had waited too long to litigate and appear in Court. The law firm may be a great place for some but I had long realised it was not my calling. When I reached Court, I very well know that I was young and fresh. Noone would so easily entrust me with a brief right at the outset. So I taught myself how to run after work and not money. It took me a few months initially to find my feet but I think I managed rather very well. I was also in an advantageous position because I was a second generation lawyer. These privileges (as much as we shy away from them) do give us a Launchpad and I can never thank my father enough for the same. The best tip is – Do not run after money; lots of money will definitely come to you, at the maximum within a year or two if you’re passionate, hard – working and slightly lucky. Today, I am happy to pass on certain briefs due to paucity of time, only because I was initially hungry for good work and not just good money. Another challenge that one faces is finding work. Now this is the tricky bit. I would suggest you join a boutique law firm or maybe a senior counsel (though for only a few months) before you network for some good work.

     

    IS THERE ANY EDGE THAT YOU GET OVER THE PEOPLE WHO HAVEN’T DONE AN LLM SPECIFICALLY IF YOU ARE LOOKING FOR A JOB AT THE LAW FIRMS?

    Law firms and I have a very cynical relationship. Don’t get me wrong when I say this – law firms are essentially looking for those who can mechanically deliver on a daily basis what is required of them, may be a contract draft or a petition draft. So, they do not really look at an LLM or a Masters in depth knowledge with any respect because all they want is research and finding out almost every possible detail, without analysing or doing anything path breaking. Many enjoy the economic comforts and benefits of a law firm job and for all those, you can easily get the same with a Bachelor’s degree from India.

     

    HOW MUCH GPA IS REQUIRED FOR SECURING A PLACE IN A TOP LAW SCHOOL LIKE OXFORD?

    Good question! GPA scores are very important if you are amongst the top three or five in your college. During your Application process, play to your strength and do not forget to mention the same in your Statement of Purpose and Scholarship Application. I wrote almost everywhere that I stood first in my class and this turned out to be a great conversation starter during all my scholarship interviews, besides giving me a cutting edge and good impression. I stressed on how having a high GPA meant that I was one of the best students at my University and I too could bring something unique to the Oxonian high table. On the contrary, if your GPA scores are low, do not mention them unless asked and stress on other aspects such as extra – curricular achievements or books or publications.

     

    COULD YOU PLEASE GIVE AN ADVICE EACH FOR THOSE WHO ARE APPLYING FOR AN OXFORD LLM; THOSE WHO ARE TRYING TO GET INTO LAW FIRMS AND THOSE WHO INTEND TO UNDERTAKE INDEPENDENT PRACTICE?

    For Oxford Applicants, manage your time effectively and apply well in advance, and of course, flag your scholarship deadlines. Be consistent in your efforts to procure great recommendations from academicians and draft a heartfelt Statement of Purpose. The BCL is a course which you’ll never be able to undertake again in your life, so make the most of it once you are there.

    For Law Firm aspirants, intern at reputed firms all through law school and in a variety of subjects, be it civil, criminal or corporate law. Pick the one that you are most keen in for you have to practice it for a fairly long period of time, once in the firm.

    For Independent Practitioners, dream big to make it happen. Find your feet by interacting with seniors and lawyers alike, network well and be patient. Just run after work and not the money. The latter is bound to follow suit, that too soon.

     

    Credits : Mr. Manthan Nagpal for transcribing the interview.

     

     

  • Sukanya Natrajan, Associate, Shardul Amarchand Mangaldas & Co, on studying at Oxford, her internship experiences, and importance of higher education

    Sukanya Natrajan, Associate, Shardul Amarchand Mangaldas & Co, on studying at Oxford, her internship experiences, and importance of higher education

    Sukanya graduated from ILS Law College in 2016. She then went on to pursue her MSc in Law and Finance from Oxford. She is currently working as an Associate at Shardul Amarchand Mangaldas & Co.

    In this interview we speak to her about:

    • Importance of higher education
    • Her Master’s degree from Oxford
    • Her internship experiences

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    A book lover who loves chocolate and potato? Well, law is what I do but there’s more to me than just that. While I like to think that I’m a serious professional who’s a perfectionist to the point of extreme annoyance, there’s another part of me that still dances to DDLJ songs and recites the dialogues to Kuch Kuch Hota Hai. Besides Bollywood and books, you’ll mostly find me with some wine and Sinatra on quiet evenings discussing conspiracy theories. Oh, and breakfast food for dinner is always good to go.

     

    WHAT MOTIVATED YOU TO OPT FOR A CAREER IN LAW?

    As a kid I was a voracious reader so naturally authors like Sidney Sheldon and John Grisham glamorised the field for me. I was into debating from a very young age and so it made sense that the most talkative (read: argumentative) person in class takes up law. Even though legal dramas like Suits and Boston Legal make it seem like it’s that simple, being a corporate lawyer in India is whole new ball-game altogether and I guess it was mostly books and engaging conversations with everyone I ever met that made me choose this field.

     

    WHAT KIND OF INTERNSHIPS DID YOU UNDERTAKE DURING YOUR STUDENT YEARS? ANY ADVICE YOU WOULD LIKE TO SHARE WITH PEOPLE WHO WANT TO INTERN AT TOP-NOTCH FIRMS?

    I have interned at a total of twelve places. My basic objective was to give every field a chance before I spend 40 years of my life doing the same thing. I won’t deny that an internship typically gives you minimal exposure in the first three years and you’re only seriously considered in your penultimate year onwards, but I wanted to experience everything – from NGOs to litigation to corporate firms. I started to develop a liking towards corporate law in my third year of college and hence, started interning more with corporate teams in order to solidify my decision to become a corporate lawyer.

    Well, I would firstly say an experience at any place will teach you something, so don’t be disheartened if you don’t get to intern at top notch firms. One piece of advice – always mould your objectives from firm to firm. I always tailor my CV according to the places I am applying at and I tailor my cover letter as well, instead of sending the same generic piece everywhere. This shows that you have put in efforts to be where you want to be and that you genuinely want to be considered for an opportunity to work with the firm. Lastly, now that I have handled a few interns myself, I’d like to tell them that nobody expects flawless work. Do your best, stick to timelines and be dedicated at what you’re doing.

     

    WOULD YOU SAY HIGHER STUDIES ARE RELEVANT FOR A CAREER IN CORPORATE LAW?

    Speaking from personal experience, I think higher studies are important if you really want to enjoy what you do. However, I don’t think the timing matters much. I don’t believe there are immediate gains from an LLM degree. For me, the point of higher studies is to broaden my knowledge base of the field and not to score a better-paying job. It does add to your qualifications and employability but it’s not an absolute necessity. So I’d strongly suggest that one should do it because they want to know more from some of the brightest minds in the field and the improved career prospects come in simultaneously.

    With respect to corporate law, higher studies are bound to help you gain that exposure and edge over others. Unlike litigation, corporate law is about strategizing the right way and higher studies in your area of interest will help set you apart from the crowd. It’s all about your knowledge – the more you know, the better it is.

     

    WHICH UNIVERSITIES DID YOU APPLY FOR LLM? HOW DID YOU GO ABOUT CHOOSING WHICH COLLEGE TO GO TO FOR YOUR LLM?

    I only applied to two institutions – University of Oxford and University of Cambridge. Truthfully speaking, I prioritized the course over the college and so I was only looking to get through either of them – the LLM in corporate laws at Cambridge or the Masters in Law and Finance at Oxford – because their course curriculums had the very same modules that I wanted to study. In fact, MLF is a dear, dear course as it has the perfect interplay of law, economics and finance and thankfully, I got just that.

     

    WHAT DOES THE CV OF A STUDENT SEEKING ADMISSION TO A PREMIER UNIVERSITY OFFERING AN LLM PROGRAM HAVE TO LOOK LIKE? WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOP FOR LLM ABROAD?  WOULD YOU BE WILLING TO SHARE YOUR SOP FOR REFERENCE OF LAW STUDENTS?

    Well, as sad as it is, grades do matter a lot. I personally don’t think grades should matter as it can never define what a person is, but the world needs standardised scores for them to compare and apparently this seems to be the easiest parameter. So, focus on getting decent grades (sorry guys!). Secondly, interest in the topic and I cannot emphasise this enough. You really need to be passionate about further studies and the subject matter that you have chosen and the way to showcase that is if you have any publications. There has to be yearning to know more and you need to express that interest sufficiently.

    In an SOP, try to stick to crisp and to-the-point sentences that highlight your best qualities. Do not exaggerate. Moreover, there should be a clear flow of thought that is communicated in a simple yet sophisticated manner so it sounds convincing. This is the only two minutes the other person has to review your SOP, so make sure you make for an interesting read.

    I don’t think I have my SOP anymore, but I’d love to help anyone who would like to seek my inputs. People can always reach out to me on LinkedIn, Facebook or Gmail.

     

    HOW WAS YOUR EXPERIENCE AT OXFORD UNIVERSITY? WHAT DIFFERENCE DO YOU SEE IN THE LEGAL EDUCATION SYSTEM IN INDIA AND ABROAD?

    My year at Oxford was incredibly colourful. I met so many people from different parts of the world and different walks of life, all with a unique story to share. I made tons of good friends along the way and all in all it was a very wholesome environment to learn in. Studying abroad really opens up your eyes and expands your horizons – not only in terms of education but also your perspective towards various other things.

    Fact is in India, law school education is primarily focused on theory and internships are the only way to gain any sort of knowledge about the practicalities of the field (that is, if they give you real work). However, one thing I noticed abroad was how the curriculum itself was more leaning towards pragmatism than theory. It wasn’t just a bunch of random assignments but the whole duration of the course where we were made to draft proposals and subject to expert scrutiny. In a nutshell, legal education or even academics as a whole abroad is no less difficult than India, but the process is taxing in a way which ultimately shapes your thoughts, approaches and perspectives instead of your ability to simply retain information for a two hour examination.

     

    AT WHAT STAGE IN ONE’S LAW SCHOOL LIFE MUST ONE PICK A SPECIALIZATION? WHAT LED YOU TO CHOOSE SPECIALIZATION IN LAW & FINANCE?

    There is no specific time or age. I know people who knew what they wanted to achieve out of law in their very first year. But you also meet people who you learn and discover these things with alongside in your journey. I feel that one can decide at any level if they’re passionate enough and know enough about the subject matter to justify the choice. I was reading a lot on behavioural economics in my fourth and fifth year of law school and that was what led me to finding the perfect course for me.

    Along with law, I’ve always taken a keen interest in Economics. Seems like a bit of an overstatement but when I discovered the MLF course, I just knew this is what I’d been looking for. To be able to integrate both areas of interest and apply that in my career – MLF was my only way – and it didn’t take me more than 48 hours to convince my parents of the same.

     

    YOU HAVE DONE ADDITIONAL COURSES AND DIPLOMAS DURING YOUR TIME AT LAW SCHOOL. HOW FAR HAS THE COURSE HELPED YOU IN YOUR CAREER? WOULD YOU RECOMMEND THE CURRENT LAW STUDENTS TO TAKE UP SOME ADDITIONAL COURSES DURING THEIR TIME AT COLLEGE?

    Well, my college was only for four-five hours a day. I had to find some way to kill time so I took up a lot of additional courses to read and learn more about law. I have one diploma each in IPR, competition law and corporate laws in addition to the executive level of CS. I even took up Masters in Business Laws from NLSIU, just to keep myself busy.

    Apart from keeping me productively occupied, taking up extra courses enabled me to understand the subtle nuances of law in various fields, thereby helping me to explore my options. It’s not just about adding an extra line in your cv, but about how your field is applicable in real life.

    I would say take up the courses if you have time to spare and are willing to learn. Don’t do it because you think it’ll impress your interviewer, but because you want to know more and more.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO YOUNG LAWYERS AND LAW STUDENTS?

    Don’t fret about not getting big names on your CV. Try for it. If it doesn’t happen, it’s okay. Don’t give up and don’t lose heart. Take any opportunity that you can lay your hands on – learn more, experience more, know more. Those 5 years, I had a lot of time and I regret not spending it more efficiently. Studying in a law school is no different from any other college experience – it is the time for all your firsts. So be active in college, be it debating, moots or sports and at the same time, take time out to chill and make memories with your friends.

     

  • Sarthak Sarin, Principal Associate, Khaitan & Co., on studying in Oxford, mooting, and his experience

    Sarthak Sarin, Principal Associate, Khaitan & Co., on studying in Oxford, mooting, and his experience

    Sarthak graduated from Symbiosis International University in 2010. He then went on to pursue his Masters from Oxford, with a Masters of Science in Law and Finance. He is currently Principal Associate in the Corporate and Commercial team at Khaitan & Co., and has advised the likes of CK Birla Group, HCP Healthcare, SBS Holdings, among others.

    In this interview we speak to him about:

    • Studying in Oxford
    • His experience in commercial law
    • His mooting experience

     

    How would you like to introduce yourself to our readers?

    I am a first generation corporate lawyer with an enormous appetite for travel and binge-watching. I am currently a Principal Associate at Khaitan & Co and my practice predominantly focuses on domestic and cross-border M&A, joint ventures and collaborations, retail trade and e-commerce, exchange control laws and general corporate and commercial advisory.

     

    What motivated you to opt for a career in law, amidst the many options that were available to you?

    Coming from a business family, I did not have much of an option in choosing a career path, given that the majority of the dinner table discussions (on the topic of career choices) with my family were consumed by the glorification of the family business and how I was expected to accentuate the legacy that my father had worked very hard to create. Consequently, my career trajectory was meant to sail through a course in business studies from an overseas institution.

    Little we knew that destiny had something very different planned for me. Just around the time of my graduation from senior school, my father had asked me to get involved in a project that entailed a joint venture which my father was eyeing from a long time. Given the indispensable need of legal services, I very soon, found myself surrounded by a group of lawyers on a daily basis. Watching the lawyers negotiate the various facets of the joint venture arrangement was captivating and sparked curiosity in me about the practice of corporate law. Fortunately, the transaction went on for a good period of time and provided me with multiple opportunities to interact with legal practitioners and better appreciate the minutiae of corporate legal practice.

    The ensuing experience and my new found interest in the work of John Grisham ultimately sealed the deal for me. Convincing my father was not an easy discussion, but a good old bottle of scotch and my endless pitching of the entrepreneurial element underlying the corporate legal practice did the trick.

     

    Do you think or ever felt that there is a divide between NLU and Non-NLU students in the matter of getting jobs with law firms?

    No, I have never felt or experienced any unfavourable reception from the legal fraternity just because I am a non-NLU student. At the same time, my experience also dictates that the law firms are seasoned enough not to disregard a good talent just because a law student lacks the NLU tag.  Nevertheless, having said that one thing that one cannot (and does not) overlook is that getting admission into a prestigious law school in itself is seen as an accomplishment for a limited purpose of appraising dedication and ambition in a potential candidate.

     

    How important is mooting in the life of a law student? 

    (Sarthak has himself been judge at several mooting contests.)

    The importance of mooting in the life of a law student cannot be over-emphasised for a simple reason that the skills that are required to excel in this extra-curricular activity are very much akin to the skills that a lawyer requires to prosper in not just the litigation practice, but in other practice areas as well. In my view, the following qualities/skills separate a good mooter from the crowd:

    • A comprehensive understanding of the facts in question together with the applicable laws, jurisdictional issues and the underlying legal principles and propositions;
    • An ability to present the arguments with confidence and civility;
    • A curiosity to go beyond the scope of the matter in hand for the sake of comprehensiveness coupled with ingenious thinking to effectively tackle probing questions;
    • strong interpersonal and communication skills;
    • an innate competitive spirit; and
    • clarity of thought as regards to the reliefs sought.

     

    What kind of internships did you undertake during your student years? 

    My internships portfolio was quite diversified and involved training under NGOs, trial lawyers, senior advocates, judges, medium to big sized law firms and a private equity fund. Fortunately, I had started out early and before the end of my law school, I had acquired reasonable insight into a variety of practice areas (covering company litigation, general corporate advisory, IPR and finance) and consequently was quite clear of my career trajectory.

    Before narrowing down on the places to intern at, it is advisable to first clearly identify the practice areas one is interested in exploring. A clear thought process and a corresponding plan of action really comes in handy when strategising around internships. Moreover, given the competiveness of the legal profession, it is always useful to maintain a broad list of internship targets; which are also diverse enough so as to ensure a sufficient depth and breadth of experience. Lastly, it is equally important for the law students to understand that there may be rejections (and more so from your most preferred options), but that should not hold you back since there is always a next time or some other equally good opportunity awaiting you.

     

    Would you say higher studies are relevant for a career in corporate law? 

    In my experience, higher studies from a prestigious institution abroad does have a propitious influence on one’s career trajectory; but (most importantly) it is the network that you build during your higher studies that creates a real value in the long run. For the foregoing reason coupled with the dynamic experience of living in a foreign country amidst a completely diverse culture and lifestyle, I would suggest looking only at the options outside India.
       

     

    What does the CV of a student seeking admission in a premier university offering an L.L.M program have to look like?

    Comprehensive, inimitable, seamless and immaculate – that’s how a CV should like for any post-graduate program.

    • Comprehensive: A CV should be a perfect blend of a consistently good academic performance, internships experience and a number of extra-curricular / co-curricular activities.
    • Inimitable: what makes a CV standout from the rest? It is the inclusion of that one unique extra-curricular activity, internship experience or accomplishment that invigorates the readers and makes them believe that the applicant in question will undoubtedly bring a fresh breath of outlook and experience to the course. Pertinently, this element of uniqueness is assessed against the applicant’s own background, experience, education qualification and the eventual career goals and (in some way) should reinforce the skill-set that the applicant is relying on to vindicate his or her application for a particular course.
    • Seamless: A CV should be seamless in the matter of establishing a logical nexus between the career trajectory and the ultimate aspiration of the applicant. Accordingly, if one aspires to be a corporate lawyer and has applied for a specialised program in corporate law, then the CV should demonstrate in a coherent manner a trajectory that accentuates the applicant’s enthusiasm, efforts and ambition in the subject/practice of corporate law.
    • Immaculate:  Check and double check; a CV should be crisp, readable and devoid of any typos and grammatical error whatsoever.

     

    How important are grades, in your opinion? 

    Grades are certainly not a reliable yardstick to judge how successful a law student would be as a lawyer. However, in my view, consistently good academic performance does play an important role in the matter of securing admission for higher studies in a prestigious institution abroad or at least pushing one’s job application at the top of the stack. The reason being that when faced with an overwhelming amount of job or post-graduate applications for a limited number of openings, it is not unusual for the HR / admissions department to give a significant weightage to grades so as to shortlist the potential candidates, since a consistently good academic track record demonstrates commitment, focus and hard work.  

    Accordingly, in my view, grades / rankings are given a serious consideration in the matter of weeding out the crowd from the promising applications; but, ultimately, it is the overall comprehensive profile (in terms of an impressive statement of purpose, grades, extra-curricular activities, internships, publications and interpersonal and communication skills) fortified with a good amount of luck that seals the deal in the matter of securing admission for higher studies abroad or securing a job in a top notch law firm.

     

    Which is the ideal time to do an L.L.M?

    Given the investment that one needs to put in for pursuing a post-graduate program in law (both in terms of money and time), the ideal time to pursue such a program should be after a few years of practice. This way an individual will have the opportunity to better understand and appreciate the intricacies that underlie a particular practice area and what skills he/she would need to progress in such practice area. Consequently, he/she will be much more informed (than a law student) in the matter of evaluating the benefits that a post-graduate program would bring in his/her progression as a lawyer.

     

    What are your areas of specialisation and how did you go about choosing these fields?

    My areas of specialisation include domestic and cross-border M&A, joint ventures and collaborations and commercial disputes. Within these practice areas, I further specialise in retail and e-commerce sectors. I was very passionate about these practice areas right from the very beginning. Accordingly, I was very selective about my internships and focused extensively in familiarising myself with each of these practice areas. Nevertheless, realising the importance of some basic court experience, I started my career in litigation practice. During my momentary involvement in the litigation practice I predominantly focused on commercial litigation and arbitration (entailing shareholders’ disputes, oppression and mismanagement cases, interim reliefs under Section 9 of the Arbitration and Conciliation Act etc.) and regularly appeared before the Company Law Tribunal and the High Court of Delhi.

    Once I was confident that I had acquired some basic understanding of the commercial disputes practice, I shifted my focus on transactional advisory work. Before joining Khaitan & Co as a corporate lawyer in 2013, I pursued MSc in Law and Finance from the University of Oxford. This program helped me refine my skills in transaction structuring, introduced me to the global industry practices and trends in financial and strategic collaborations and M&A and reinforced my zeal in corporate practice.

    As part of the corporate group at Khaitan & Co, I have had the opportunity of working on a number of complex and multidisciplinary transactions. Khaitan & Co strongly believes in encouraging its lawyers to engage themselves in a variety of industries and sectors, with the impetus being that each lawyer should pick at least one industry and sector of his/her interest and specialise in it. To this end, we have weekly CLE sessions across all our four offices, wherein latest updates in each industry/sector and practice area are discussed interactively. It was on account of these sessions that my interest got entrenched in retail and e-commerce sectors and since then I have been actively engaging myself in a variety of transactions and advisory work in these sectors.

     

    At what stage in one’s law school life must one pick a specialisation?

    My experience dictates that for any law student choosing one particular area of practice as a career choice is the most vexing decision. The right time to make a decision in this regard should be around the fourth year of the law school, so that there is still some more time to ensure that the chosen practice area is actually the calling that one is indeed most passionate about.

    For someone who is yet to make this choice, the only way to find out which practice area appeals/suits you the most is to get as much experience as you can in a variety of practice areas. However, if the foregoing words of wisdom have not worked any wonder for you, then enter the legal profession with an open mind and try getting a good amount of experience in a number of practice areas/sector before taking the plunge.

    How would you say interns should go about their work at a firm like Khaitan & Co., so as to get noticed in a positive way in the limited time they have?

    From the standpoint of expectations at least, law firms do not differentiate between interns and the first-year junior associates. Accordingly, every intern should conduct himself/herself and go about his/her work in the same manner as a first-year associate does. To this end, an intern should (a) demonstrate enthusiasm and competence; (b) have a positive can-do attitude; (c) be eager to learn and absorb things quickly; (d) be confident to put forward his/her opinion and inputs; (e) have the ability to work under pressure and come up with practical and commercial solutions; (f) never shy away from responsibility; and (g) be proactive in seeking feedback. At the same time, an intern must possess remarkable interpersonal and communication skills and should also actively contribute to the knowledge management and the CLE sessions of a law firm.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    Always endeavour to learn something new on a daily basis whether legal, commercial or general. However clichéd this may sound but the truth of the matter is that (in this profession) knowledge is the real power. Moreover, do not forget that the legal profession is really very demanding and competitive, so never hold back from putting in the hours and, while at it, creating a niche for yourself in at least one practice area/sector.

     

  • Mary Kavita Dominic, Rhodes Scholar, on receiving the coveted honour and writing the perfect Statement of Purpose

    Mary Kavita Dominic, Rhodes Scholar, on receiving the coveted honour and writing the perfect Statement of Purpose

    Mary Dominic is a graduate from NUALS, Kochi, batch of 2017. She is the first student from her university to secure the prestigious Rhodes Scholarship. Mary has always been a passionate advocate for human rights. She has volunteered at a legal aid camp in the Attapady district of Kerala, which sought to enable the indigenous tribal community of the region. She has also interned with HelpAge India and participated in a National Human Rights Commission Survey, in order to fight for the rights of the elderly. She has pursued an online course on International Human Rights by Professor Olivier De Schutter of the Université catholique de Louvai. At Oxford, Mary will read for the Bachelor of Civil Law, focusing on international criminal law and comparative human rights.

    In this interview we speak to her about:

    • Writing the perfect SoP and getting letters of recommendation
    • Striking a balance between academic merit and extracurricular interests
    • Her programme in Oxford and her plans thereafter

     

    First of all, congratulations for bagging the prestigious Rhodes Scholarship. How and when did you decide to apply?

    I was always in awe of Rhodes scholars, even prior to taking up law. But somehow, I always felt that such a prestigious scholarship was beyond my reach. It was my mother who suggested that I apply for it when she read about it in the newspapers.

     

    The Rhodes Scholarship is celebrated for its tedious application procedure. Could you take us through it?

    Firstly, you’re required to send in your CV, personal statement and six references (at least three of which should be academic) along with other personal details to the given mail ID. You can also send it by post. Based on this, some applicants are shortlisted for the preliminary interview. I had mine in Delhi. But I hear there were other centres too.

    The preliminary interview is a technical one where the panellists are most likely to be experts in your field. Since I’m a law student, I was interviewed by a legal panel. Likewise, there are panels for science, economics, political science, etc. Based on your performance in the preliminary interview, around eighteen applicants are shortlisted for the final interview. Here, the panel will comprise experts from varied fields. They’ll mostly question you on your area of interest. I think they try to gauge your passion for your proposed area of research.

     

    When is the appropriate time to apply for the Rhodes Scholarship?

    If you are currently pursuing a degree, you should ideally apply when you are in the final year of your course. Applications generally open in June for Indian students.

     

    What is the significance of the Statement of Purpose and how long did it take to write yours? Do you have any tips for prospective lawyers out there currently working on their own?

    Personal statements are crucial since they help communicate your passion and why you are a suitable candidate for the scholarship. It also helps them evaluate whether or not you possess any of the qualities that are expected of Rhodes Scholars.

    I must have spent a week contemplating what exactly to include in my personal statement. But the actual writing should have taken two days. I made a couple of drafts before sending out the final one.

    Before writing the personal statement, I watched videos of previous Rhodes scholars that are available online. One thing that all of them agreed on was that there is no straightjacket formula for writing a good personal statement. They do, however, advise you to be honest and explore your own creative self. That would be my suggestion as well.

     

     

    How do you go about writing a good Statement of Purpose?

    Like I said, there is no formula. Everyone has different interests and the Statement of Purpose should reflect those individual interests. Your personal statement should convey your passion for your subject and your research. You can talk about a personal incident that inspired you to pursue a particular field of study, or a specific sport that you draw motivation from. It is completely subjective.

     

    Moving to referrals – how much of a role did they play in your selection? Can you take us through the procedure involved?

    You will need to have 6 referees in mind. At least three of them should be academic referees i.e. professors who are teaching you in your current course or have taught you in your last completed course. There is an online application portal where the referees will have to register personally and upload their references.

     

    How important are good grades in order to bag the Rhodes Scholarship?

    Academic consistency and reasonably good grades are extremely important, as far as I understand. Since you will be sending in your CV along with other documents, your academic grades will be given sufficient weightage.

     

    How would you describe a well-balanced CV, one that has the potential to make the cut?

    It is important to have a good mix of both academic as well as extracurricular interests. I mostly had debates and moot court achievements to show for extracurricular achievements. I used to play the electronic keyboard, which was another non-academic activity that I had included in my CV. Before the final interview, I met other applicants, some of whom were national level dancers or sportspersons.

    But most importantly, I believe that the social work you do is extremely relevant because it demonstrates how you propose to give back to society. Internships with NGOs, participating in legal aid camps and volunteering for charitable organisations could have possibly enhanced my application.

     

    Are moots, or any other activity in particular, given significant weightage?

    Moot Court experience is definitely adds to your application and equips you to handle questions with confidence and clarity. It supplements your research credentials as well. But not having any significant achievement, will not, by itself, be considered a major deficiency in your application. Most importantly, it is the experience that counts.

     

    How did you prepare for your technical interviews? Describe your most memorable one.

    I had indicated in my personal statement that international criminal law was my specific area of interest. So, I focussed primarily on that area. I had already done a few moot courts dealing with the subject, so I revised the basics of what I had learnt. I had also brushed up on recent developments in that area.

    During the interview, while I was asked certain questions about international law, I was also asked general questions about current issues. One of the questions was about the alcohol prohibition in Kerala and my views on the same. I remember our discussion not being purely legal in nature, but also slightly political, which I rather enjoyed.

    Another question that I distinctly remember and which made me think quite hard was regarding the formation of Telangana and the legal issues surrounding the same. The interview, though challenging, was more like a discussion with the panellists, which was rather enjoyable.

     

    What are the qualities that are being sought in candidates, and do you have tips on how to hone them best?

    I am not exactly sure what they look for in the interview. Personally, I tried to answer the questions with confidence and clarity. I essentially thought through the entire discussion and tried to make my arguments logically coherent.

     

    The final round of interviews are notorious for being the most gruelling. What were some of the broad topics touched upon?

    You know, the final interview is not strictly a technical one. However, I found it equally nerve-wracking. Our final interview was chaired by Mr Kumara Mangalam Birla, along with nine other eminent panellists. It was a daunting task to hold your own and not be intimidated in the presence of such distinguished personalities.

    They asked me a wide range of questions from “Where do you think human rights come from?” to “Would you support the sterilisation of women who are likely to give birth to crack babies?” I also remember being asked about the protection of intangible cultural heritage.

     

    Are the questions random in nature or was there a general broad base where they stemmed from?

    Your CV and personal statement form a broad base for them to question you from.

     

    Do they prefer someone whose proposed area of research is interdisciplinary in nature or are they looking for someone who is remarkably accomplished in a more specific field of study?

    That is a difficult question to answer. Either way, it is your passion for the subject that really matters.

     

    Did not having any past Rhodes Scholars in your college pose a challenge while applying for this scholarship?

    To some extent, yes. I was not sure as to whom to approach for advice regarding the personal statement. But I had plenty of support from the faculty who were always honest about the areas that I could improve on and this proved to be extremely helpful. I was assisted by my friends as well as my seniors who had passed out. Some of them even offered to put me in touch with previous Rhodes scholars they were acquainted with.

     

    What do you wish to do post Oxford University?

    I hope to work at the Office of the Prosecutor at the International Criminal Court in Hague. But ultimately, I want to come to India and be a part of the Legal and Treaties Division under the Ministry of External Affairs.

     

    Any final tips that you have for juniors who may have already started the application procedure?

    A reasonably good academic performance, participation in extracurricular activities and sparing time for social work is important. For law students in particular, moot court experience and one or two publications might be helpful. However, this does not mean that this is the only way in which you can secure the scholarship. These are merely one or two options that you could consider. Most importantly, try to work on what you think you are passionate about and be honest in your application.

     

  • Aditya Swarup, Assistant Professor, Jindal Global Law School on being a Rhodes Scholar, and pursuing BCL & M.Phil from Oxford

    Aditya Swarup, Assistant Professor, Jindal Global Law School on being a Rhodes Scholar, and pursuing BCL & M.Phil from Oxford

    Aditya Swarup graduated in law from the  National Academy of Legal Studies and Research University in 2010. He was also awarded the Rhodes’ Scholarship the same year, after which, he obtained his Bachelor of Civil Laws degree from the University of Oxford in 2011. He then went on to do his Masters’ degree in Philosophy from University of Oxford in 2012. During his time at Oxford, he focused on various courses such as Restitution, Civil Procedure and Comparative Public Law.

    After practicing law for a few years, he took a break to focus on his research and teaching. He is currently working as an Assistant Professor at the prestigious Jindal Global Law School and is serving as the Assistant Director of the International Institute of Higher Education and Capacity Building.

    In this interview, Aditya talks about: –

    • What made him pursue a legal career;
    • His interests and areas of focus;
    • His journey towards becoming a Rhodes’ Scholar;
    • His views on the Indian Judicial System; and
    • What a student must have, aside from academics in order to have a successful legal career.

     

    How would you like to introduce yourself to our readers?

    I am Aditya Swarup, currently an Associate Professor at Jindal Global Law School. Before joining academia, I used to work as an associate at a solicitor’s firm in Mumbai, practising primarily in the Bombay High Court and the Supreme Court.

    What led you to enter the legal profession?

    During my 12th standard, I cleared the UPSC-NDA exam and SSB interview and was slated to join National Defence Academy, Khadakvasla with the prospect of joining the Indian Airforce thereafter. However, after a lot of thinking, I decided not to join the Airforce. At the same time, given that I had secured only 59.8% in my class 12 exams, I was denied admission by most of the good colleges. Law happened to be one of the disciplines where your 12th standard marks didn’t matter and all one had to do was to clear an entrance exam. Accordingly, I took a year off and prepared for the law entrance exams for various law colleges (we didn’t have CLAT then) and got through NALSAR.

     

    Would you like to share with the readers any particular instances during your time spent at NALSAR, which helped shape your views about the law?

    aditya-swarup-3In or around November, 2008, I had the good fortune of interning with Mr. Tehmtan Andhyarujina, former Solicitor General of India. At the time, he was arguing Selvi v. State, a case concerning the constitutionality of narco analysis before the Supreme Court of India. He had only one junior and involved me extensively in the case. I think preparing for the final arguments in that matter, that went on for two whole weeks, has been one of the best experiences in my life. At the end of my internship, Mr. Andhyarujina gave me the most inspirational talk about litigation and Jamshedji Kanga’s chamber and presented me with a copy of Prashant Bhushan’s book “The case that shook India”, a factual account of Indira Gandhi v. Raj Narain. The book also had a transcript of the Keshavananda Bharti review. It is then that I decided to pursue a career in litigation and Mr. Andhyarujina has helped me ever since.

     

    What are your primary interests in the legal profession? Why?

    During my formative years at law school and immediately after, I used to be quite interested in human rights advocacy. To this end, I used to pursue a lot of work in Chattisgarh and other conflicted regions. After my B.C.L, I took a keen interest in commercial law. I was intrigued by common law decisions on contracts, restitution and civil procedure and the manner in which each statement by a Judge in his judgment impacts the law. I have pursued an interest in commercial law ever since.

     

    During your time at NALSAR, what extra–curricular and co–curricular activities, if any, did you participate in? How do you think these activities affected your take away from law school?

    Unlike most students during their time at law school, I did not participate in many moots while at NALSAR. In fact, I participated in just one moot, i.e. the Raj Anand Intellectual Property Moot and incidentally, won the best speaker award there. I also debated just once, that too in my final year. However, I spent most of my time writing papers and in research. I feel this interest allowed me to attempt to critique the law beyond what is given in the text book. In fact, the publications have also immensely helped me with my scholarship and post graduate courses.

     

    You wrote your M.Phil dissertation on “Interim Injunctions and Judicial Delays in India”, discussing injunction hearings taking the role of mini – trials in India. Can you tell us something about it?

    aditya-swarup-1One of the most significant and engaging aspects of a civil suit is the granting of an interlocutory injunction pending the final decision in the matter. The grant of such an injunction is, in theory, purely provisional in nature, with the objective of maintaining status quo, and in the hope that a party doesn’t suffer from irreparable harm. However, in most circumstances, such injunctions are maintained for the entire length of the suit, the length of the suit then itself being a critical issue. A final determination of a civil suit in India can take anyway upwards of 7 years. This poses a peculiar predicament to the Indian legal system in the sense that though an interim measure is merely meant to be provisional, since it lasts the length of the suit, it achieves a sort of finality- an unintended and inevitable consequence. Considering the predicament that currently plagues the Indian judicial system, i.e., an insurmountable backlog of over 300,000 cases, interim injunctions, instead of serving its purpose now merely serve as a clog in the judicial system.

    In light of the above, I studied the relationship between judicial backlog and interim injunctions, culminating in a phenomenon that has acquired the term ‘mini-trials’- where the court conducts a thorough examination of the merits of the case at the interim stage so as to dispose the matter. A similar situation existed in England in the 1960’s and 70s, and I sought to examine the lessons learnt from that experience and  the viability and desirability of mini trials in tackling judicial backlog in India. As part of my research, I studied every reported case on interim injunctions in India.  

     

    What is your opinion of the current proposals to reduce judicial backlog? From which country/countries should India draw inspiration to solve this issue? Why?

    I believe that the solution to reducing case pendency is not to merely increase the number of judges but to bring about structural changes in the system. Unfortunately, most authorities, including the Law Commission, and lawyers stress on increasing the number of courts and judges to reduce case pendency.

    We should be mindful and borrow from the American experience. A series of suggestions were made in 1959 in the United States to address the increasing case load. The reforms that made their way out of these suggestions were primarily aimed at increasing the number of courts and judicial officers. The result however, was contrary to what was expected. The records showed that the caseload actually increased subsequent to the implementation of the reforms. This consequence has been explained by the renowned American Judge Richard Posner who rightly argued in a landmark paper that “reforms” increasing the number of judges and courts would only have an ad hoc effect. While being initially effective, in the long run, realising the efficacy of the legal system, it would merely result in more litigation. To buttress his argument – he drew upon a rather unusual analogy – while initially a new highway would serve the purpose of easing out traffic, road conditions would in fact induce people who had previously used other modes of transportation, to switch to driving. This would only result in leading to greater congestion. In this light, merely increasing the number of judges or courts is not going to be enough to tackle the predicament plaguing India’s judicial system – one must also address institutional changes and the culture of litigation prevalent in the country.

    The measures to reduce judicial backlog should also include the introduction of information and communication technology (ICT) support systems, developing online procedures for the filing of documents, notification of court dates, periodic reminders for submission of documents, service of documents via email and the like with an aim to have time bound litigation. A judge ought to decide cases and not allot dates. It is also important that we implement the procedure of costs following the event as provided in the CPC.

     

    In the year 2010, you were awarded the “Rhodes Scholarship”. How much does one have to achieve in order to be awarded such an esteemed scholarship? How did the scholarship benefit your professional career?

    The Rhodes Scholarship, unlike other scholarships, looks at the all round achievements of the individual based on criteria of academics, co-curriculars, leadership, social services and sports. In this sense, I believe that the Rhodes Scholarship is not just a scholarship to study in Oxford but a process and an experience. A process, in the sense that the very process of applying for the scholarship and meeting the various criteria helps one reflect on their life and achievements. An experience, because once you join Oxford, you are amidst a community of highly qualified achievers and even interacting with them is inspirational. I made some great friends amongst the other scholars. As regards my professional career, very few people in India and more particularly, the Bombay High Court were aware that I got the Rhodes so it didn’t matter.

     

    What is the primary purpose of the site, Something About the Law?

    (Aditya is currently the owner and author of the website, Something About the Law)

    Something About the Law was a blog that was started by my classmate Arun Mohan and myself while at law school. We used to write on various public policy and social issues from time to time. The idea of the blog was not merely to spread awareness about certain legal issues but also to individually hone our respective writing skills. To this end, I think the blog greatly helped me critically analyse various legal issues. During our penultimate year at law school, we started the Socio-Legal debates – the idea being that we would get distinguished speakers to fly down to NALSAR and debate with each other on issues with the entire debate being streamed online. We secured sponsors for the events and enjoyed packed audiences.

     

    Many a people in the legal practice are awestruck when they look at your long list of publications. Do you have any advice for any of our readers who might be interested in having their research papers and articles published?

    Haha. I am quite perturbed by the fact that students rarely read full cases or books now a days. If any research needs to be done, one instantly looks at online databases rather than open an authority on the subject and read the entire chapter. In fact, I myself used to do this while at law school till I was told by senior lawyers and well-wishers to read full cases (not just paragraphs or head notes). The utility of opening a book and reading all that is written about an issue, including its theoretical underpinnings also acts as a revision and strengthens the foundations of the reader. On the other hand, merely searching for a point of law online lacks these aspects.

    I believe this practice continues to help me in my research and understanding of the law and I would advise the readers to develop this habit, irrespective of whether they are interested in research and publications.

     

    You have recently taken a break from practicing law to teach and pursue research. What made you take this break? What are you currently focusing your research on? What are your views on the topic?

    I’ve taken a break primarily to strengthen my own foundations in commercial law, primarily contracts and commercial remedies. I am currently researching on the area of commercial remedies, i.e. injunctions, damages for breach of contracts, specific performance and trust based remedies (a largely ignored subject in India). One of the projects I’ve undertaken is to chart out a theory of damages in India. I’ve also taken a “break” to see if academia is my calling.

     

    Would you like to share any views on the state of legal education in India?

    There are a few disturbing aspects about the state of legal education and the profession in the country. Each of these stem from the fact that the legal profession in India is largely unorganised.

    First, it is quite tragic that even though we have only about 15 National Law Schools and about 5 other good legal institutions (20 in total), we cannot get adequate faculty to teach in these law schools. I was quite disturbed to read online that students at HNLU Raipur and NLU Assam were constrained to protest because they didn’t have adequate faculty or facilities. What was even more disturbing is the report that students at NLU Ranchi were asked to write their end-semester exams without being taught the subject. This points to an alarming trend in legal education.

    Second, and on a related note, not much is being done to attract talent into academia. A lot of students from national law schools are now pursuing LLMs, M.Phils and Ph.Ds. In fact, as of today, about 35 people from my batch of NALSAR itself have completed their Masters from reputable institutions. However, there is hardly any incentive, monetary or otherwise, for many of these students/alumni to get into academia. If one spends lakhs on their Masters, it is likely that they would need a job that can help pay off the loan. It should not then be expected that such person will join an institution that pays little.

    Third, despite graduating from most of these law schools, it is hard for the students to get jobs. This stems from the fact that the legal sector in India is largely unorganised and it is still hard to make it within the system if you don’t have any support/backing. Any organisation only exists in the law firms where one can be said (though some believe it exists here too) to be recruited on the basis of their competence. However, the supply of graduates from the national law schools and other reputable institutions largely overshadows the demand at the law firms.

    I believe that one of the advantages of a law degree is that there are many career options available to a lawyer after graduation. One may consider a career in litigation, law firms, corporates, human rights, the NGO sector, public policy, UPSC, the UN, journalism and the like. Legal institutions must capitalise on these advantages and help students diversify their career options after law school. At the same time, institutions like the Bar Council of India must strive to organise the profession in such a way that one isn’t disadvantaged because he or she doesn’t have a mentor or any backing in the profession.

     

    Finally, what is your message for our readers, most of whom are college students?

    The law school curriculum is structured in a way that exposes the student to many facets of the law. However, one notices that the moment a student joins law school, he or she is focused on joining a corporate firm, UPSC or the like. While it is good to be ambitious and have a plan, the student must not shut out his or her options. It is beneficial to be exposed to different areas of the law and then make a decision on what line to pursue. Students must also pursue research.

  • Tarunabh Khaitan, Associate Professor, Oxford Univ, on pursuing BCL, M.Phil and D.Phil from Oxford, being a visiting scholar at NYU

    Tarunabh Khaitan, Associate Professor, Oxford Univ, on pursuing BCL, M.Phil and D.Phil from Oxford, being a visiting scholar at NYU

    Dr. Tarunabh Khaitan is an alumnus of the 2004 batch of NLSIU, Bangalore and a recipient of the prestigious Rhodes Scholarship. After completing his masters (BCL) from Oxford University, Tarunabh decided to pursue higher studies, he completed his M.Phil and D.Phil from Oxford in 2007 and 2010 respectively. Tarunabh is an Associate Professor at Oxford currently, he teaches Constitutional Law and Jurisprudence to undergraduates, Discrimination Law to graduates, and supervises research in his areas of interest.

    In this interview he talks about:

    • Studying at NLSIU and at Oxford.
    • Building a profile and SOP for pursuing further studies at the best universities.
    • A bit about the
    • His experience working as an Associate Professor at Oxford and as a visiting scholar at New York University.

     

    How would you like to introduce yourself to them?

    I am an academic working on law and legal theory.

     

    Did you have lawyers in your family or in close proximity? How did you come to touch with law?

    I don’t have any lawyers in my family. Where I grew up law wasn’t something one aspired to. A more urbane cousin passed on the law school prospectus and I gave it a go—entirely serendipitous. This chanced encounter with the law motivated my discussions with Shamnad Basheer on the need for diversity in law schools. I am very pleased to see his dynamism and energy in taking the IDIA (Increasing Diversity by Increasing Access) project from strength to strength.

     

    How was your law school experience at NLSIU? Do you recall your first day at the Halls of Residence? Would you like to share any observation/memory from those days?

    I loved my time in law school, largely because of the friends I made, and because that is where my political education happened. My politics and history classes and my internship with Aruna Roy’s Mazdoor Kisan Shakti Sangathan (MKSS) early in my law school career were particularly instructive. These early influences have continued to shape my thinking and career ever since.

    I don’t recall my first day at law school, but I was probably very nervous and convinced they made a mistake in letting me in. Everyone else seemed cleverer. In hindsight, despite many positives, I don’t think law school challenged me enough academically. With some honourable exceptions, most courses required minimal effort, and reading cases or articles was entirely optional. I got a lot out of those five years and wouldn’t change that for anything else, but Indian law school needs to do a lot more to deliver on their primary mission of teaching law to young minds, and to help them think independently about the law.

     

    What were your areas of interest during your graduation? How did you go about developing expertise and knowledge in these areas?

    I was interested in public law and human rights law. My interest in these fields has continued, although I engage with them through a theoretical lens mostly.

     

    How do you think a law student can build up his profile to get through to top-notch universities like Oxford? What should one do differently in college if he wants to pursue higher studies after graduation?

    Most people in law school are very clever. Effort and motivation is the main thing that makes a difference. Most postgrad universities care about academic excellence alone. If you want to join the academy, more important than strategically designing your profile is to have a genuine love for scholarship—if you have that craving, you are likely to do the right things. So it is useful to ask yourself why you want to join the academy, what you think the role and purpose of a university is, and whether and how your personal goals interact with the point of scholarship.

    That said, investing in learning how to write well can help. Indian law schools typically require you to do a lot of writing, but good feedback on improving your style, structure, argument and content is rare. I learnt the importance of clear, simply-communicated scholarship during my time at MKSS rather than at law school. To paraphrase a conversation over a dinner with Aruna Roy some 15 years ago, I remember her telling me that a polity needs good scholarship, but one that is readily intelligible. It was an important lesson.

     

    What was your area of study during your masters at Oxford? What was the academic pressure like and did you find time to engage yourself in other activities?

    I focussed on jurisprudence, human rights, constitutional theory and the penal system for my BCL. My doctoral research was on discrimination law theory, which was eventually published by OUP last year.

     

    How did you take the decision to pursue higher studies? How did you go about choosing the programme and the university?

    Like Edward Said, I believe that the role of an intellectual is to speak truth to power. It is the truth-seeking purpose of scholarship that underscores the importance of academic freedom. As for choosing Oxford, I got a scholarship to go there: that mostly did it.

     

    What was your first reaction on learning that you are being awarded the Rhodes scholarship? Do you recall the first few days and the interview?

    I was very happy, as one would expect. It has been a while (more than a decade), but I think most questions were character-oriented.

     

    How did you go about writing your résumé and most importantly, your Statement of Purpose?

    Not sure what résumé I submitted then, but I have come to realise the importance of short résumé, no more than one and a half sides. Selection panels include busy people, who have little more than a few minutes to make an initial judgment. Be kind to them, give a clean, professional résumé with your most important achievements. For the SOP, get as much feedback as you can on early drafts—from friends, family, professors, anyone whose opinion you care for. Make every sentence mean something. Keep it direct, personal, and honest. Don’t do platitudes.

     

    What would be your advice to our young readers who would like to apply for Rhodes scholarship in future? What all does it take to have a brilliant profile good enough for the Rhodes?

    I don’t think there is a formula. Rhodes scholars are a very diverse bunch, and there are many different ways to succeed. It is also important to remember that while the Rhodes Scholarship is valuable, it is not the only available door. While the role of luck cannot be discounted, if you have worked hard, something worthwhile should turn up. Being at an elite law school is already a position of immense privilege, one that secures opportunities not available to many others.

     

    How was your experience at Oxford? What are the classes and professors like? Are the classes more interactive?

    Oxford undergraduates are taught mainly in tutorials where 2 students meet a tutor for an hour once a week to have a pre-submitted essay dissected in detail. The contact hours are few—an undergraduate student typically gets 12 hours of tutorial in total in an 8 week term. But the intensity of exposure is staggering: there is no place to hide, not for the student, nor for the tutor. Lectures are mostly optional and students choose to go if they like the lecturer. Graduate students are mainly taught in larger seminars of 10-15 students, although they also get a limited number of tutorial exposure. The mainstay of the student experience here is the astonishing amount of self-study expected from students. A typical undergraduate student will normally read about 6-10 cases and 4-8 journal articles every week—graduate students read even more.

     

    tarunabh-khaitan-2

    How rigorous was the academic schedule? Would you say a doctorate from Oxford can help make a good grounding for a career in academics?

    Research students don’t have any schedule, it is really important to be self-disciplined and be passionate about your research to keep going. Research can be a lonely and daunting process, and your relationship with your supervisor is the key. I was lucky to have a great supervisor in Nick Bamforth, I also know people who were less fortunate. A good doctorate is increasingly becoming absolutely essential to a career in legal academia. I would recommend prospective research students to make early informal contact with potential supervisors. Doctorates in the UK tend to take a lot less time than they do in the US.

     

    How is your experience of teaching at Oxford? Which subjects do you teach? How are the current batches of students whom you teach?

    I currently teach constitutional law and jurisprudence to undergraduates, discrimination law to graduates, and supervise research in my area of interest. I find that teaching feeds into my research in interesting ways, and with the best students, I frequently learn as I teach.

     

    Do tell us more about the Global Research Fellowship Scheme, 2016 and your experience at NYU.

    I am on sabbatical for the rest of this calendar year. I am currently visiting the law school at the University of Melbourne, and plan to spend a few months later in the year at New York University. It is just a time to get out of Oxford, learn a bit about how things are done at other universities, and get some research time without the pressures of teaching.

     

     

  • Shaun Star, Founder, Australia India Advisory and Australia-India Youth Dialogue on differential experiences of working in Indian and Australian law firms

    Shaun Star, Founder, Australia India Advisory and Australia-India Youth Dialogue on differential experiences of working in Indian and Australian law firms

    Shaun Star graduated in B.Com and qualified in Law from Macquarie University in 2011, he further went on to pursue BCL from Oxford the same year. His dalliance with the Indian legal system started off with his exchange programme from the NLSIU, Bangalore as a part of his curriculum at Macquarie. Shaun is the Co-founder and Chairperson of the Australia-India Youth Dialogue, Co-founder of Crosshack and the founder of an advisory practice – the Australia India Advisory. In this interview, he expounds on:

    • His experience as an exchange student at NLSIU, Bangalore and as a BCL student in Oxford
    • His time at Clayton Utz in Australia and Amarchand Mangaldas and the Law Offices of Nandan Kamath in India.
    • The importance of LL.M degrees, differential experiences of working in Indian and Australian law firms as well as the importance of cross border ties
    • His advice for undergraduate students interested in corporate law and lawyers hoping to pursue transnational careers.

     

    shaun-star-1

    Your book titled, “Australia and India: Comparative Law and Legal Practice” was recently released in New Delhi? Tell us more about it.

    I edited a book, entitled “Australia and India: A Comparative Overview of the Law and Legal Practice”, which compares the Indian and Australian legal systems. With forewords from the chief justices of India and Australia, the book comprises contributions written by eminent judges, barristers, lawyers and academics from both nations. The book was launched by the Attorney-Generals of Australia and India at the Australian High Commissioner’s residence in New Delhi and subsequently by The Honourable Michael Kirby AC CMG, former Justice of the High Court of Australia. It has been published by Universal Law Publishers, an imprint of Lexis Nexis.

    Each chapter of this volume has been co-authored by some of Australia’s and India’s top legal luminaries including the likes of Gopal Subramanium, Anand Grover, Haigreve Khaitan, Cyril Shroff, Pallavi Shroff, Shardul Shroff, Sumanto Basu, Madhurima Mukherjee, Nisha Kaur Uberoi and V Umakanth.

    This book is important not only because it provides a resource for those interested to learn about how these different regulatory regimes work but also because it promotes collaboration. Through this publication, I have been able to introduce many of the authors to each other for the first time – many of whom have started working on other projects together.

    More information about the book is available here.

     

    What do you think are the things India can learn from the Australian Legal system?

    Given the common heritage of our legal systems and the many similarities in the form and structure of our federal systems of Government, there are many more opportunities for people in both countries to learn from each other, establishing partnerships of mutual benefit and shared understanding. For example, Australia has undergone a cultural shift with respect to litigation procedures in recent decades, with a focus on efficient and cost-effective litigation. While the Indian judicial system has its own unique challenges – with the sheer size of India’s population – some of these procedures of case management which have been successfully implemented in Australia may be useful in the Indian context. Conversely, Australia can learn from India’s use of public interest litigation which has been a driving force of reform in certain areas of the law, such as in human rights, public health and the environment.

     

     Tell us about your experience at NLSIU.

    (Shaun’s first introduction to Indian law was as an exchange student at the National Law School of India University, Bangalore (NLSIU).)

    I was selected by the Australian Government to receive an Endeavour Award Scholarship (which is essentially Australia’s equivalent of the Fullbright Scholarship),which entitled me to study and work in India. I thoroughly enjoyed my time studying at NLSIU, where I had the opportunity to learn different aspects of Indian law.I also had the chance to meet some fantastic new friends, many of whom I have remained in contact with eversince.

    While studying at NLSIU, I chose a number of subjects which allowed me to gain an understanding of different elements of the Indian legal system. Two of those subjects were taught by NLSIU alumni who  had extensive experience as legal practitioners – I found these subjects (mergers &acquisitions and commercial arbitration) in particular worthwhile because of the nexus between academia and legal practice.

     

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    As an undergraduate student you worked at Clayton Utz, one of Australia’s top corporate law firms based in Sydney. How did you come across this opportunity? How was your experience at the firm?

    In Australia, many students work alongside their studies – this allows students to gain experience in law firms or other businesses (as a paralegal for instance) while still at university. Working whilst studying is often common for two reasons:

    • our degrees are more flexible, allowing students to shape their timetables around work schedules (or vice versa); and
    • living expenses as a student can be expensive and many students work alongside their studies in order to pay their way through university.

    I worked as a research assistant and paralegal in the international commercial arbitration group at Clayton Utz. In addition, I participated in the summer clerkship program at Clayton Utz which gave me experience in other practice groups (litigation, pro bono and on secondment to one of Australia’s major banks). Throughout my last two years of university, I worked two-three days per week at the firm.

     

    Tell us about your stint at the Law Offices of Nandan Kamath.

    During my time at the Law Offices of Nandan Kamath, I worked as a foreign qualified lawyer in the areas of sports, entertainment and intellectual property law. I had a fantastic time working with Nandan and his team. I was fortunate enough to be working there during the ICC Cricket World Cup 2011 – this was impeccable timing, given that the firm was engaged by the ICC to provide legal advisory services in connection with the event.

    During my time at the firm, I also worked with Copyright Integrity International, a firm which was engaged to establish and implement a rights protection programme for the World Cup. Through this combined experience, I therefore had great exposure to sports law during such a big international event.

     

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    You previously worked as a Consultant at Amarchand Mangaldas in New Delhi. How did you come across this opportunity? What were the key areas that you worked on at Amarchand?

    As a foreign qualified legal consultant for Amarchand Mangaldas, I worked on a number of domestic and international matters from across a variety of industries in the firm’s corporate advisory, mergers and acquisitions and private equity practice.

    I came across this opportunity quite fortuitously – I remember attending a lecture on Corporate Law in India by Shardul Shroff at Oxford University. After the lecture (during Q & A), I recall asking Mr Shroff about his perspective on whether he thought there was a place for foreign law firms in India. Following our short exchange at Oxford, I remained in contact with the firm and was offered a position as a consultant in the M&A practice. I thoroughly enjoyed the experience as it gave me great exposure to the corporate culture in India, working on a number of significant transactions over the 2.5 years that I worked there.

     

    How is it different from work at an Australian Law firm?

    The skill-sets acquired in working as a transactional lawyer are transferrable across different common law jurisdictions. Of course there are different nuances in the legal systems, which I had to learn when moving to India. Interestingly, I started working at Amarchand at a time when the new Companies Act was coming into force – so I was not the only one who had to learn how the new machinery of India’s corporate law regime functioned.

    It was also interesting adjusting to daily life in the context of an Indian law firm. In Australia, lawyers arrive at work by 8:30am and aim to leave the office at a reasonable time (although that is often not possible in the context of some transactions). In India, I was not expected to arrive at work until much later – although I would often find myself having dinner at the office with my colleagues.

    This was also due to the fact that the deal-flow in India is consistent and I have had the opportunity to work on numerous large and interesting transactions – there seems to never be a dull moment practicing corporate law in India in recent times. That being said, I always found time to catch-up with my colleagues at the local chai-wallah, a practice that I was not accustomed to in Australia.

     

    You pursued a BCL from Oxford. Is it true that an LL.M would help you only if you want to pursue a career in teaching rather than a career in the Industry? What is your take on the same?

    I disagree with the argument that an LL.M will only be beneficial for those pursuing a career in academia. Many successful lawyers and businesspeople in India and across the world have graduated with an LL.M. The opportunity cost of studying abroad for a year is that a young lawyer can spend that time working an extra year in a corporate law firm or as a litigator – but in my opinion, lawyers and advocates will be able to gain that practical experience in a firm throughout the rest of their lives. The experiences, networks and different perspectives that one can gain from pursuing an LL.M abroad is invaluable and serve you in good stead in your career as a professional.

     

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    Tell us about your involvement with the Australia-India Youth Dialogue of which you are Co-founder, and what it hopes to achieve in terms of Indo-Australian relations? Is law as a subject on the radar when it comes to AIYD?

    As Co-founder and Chair of the Australia India Youth Dialogue (AIYD), I lead a  team which organises an annual dialogue for a group of Australia’s and India’s most accomplished young leaders. The AIYD is the pre-eminent track-two young leaders’ dialogue between Australia and India. It aims to provide a sustainable platform for the youth of Australia and India to come together and foster an enduring partnership between our two great countries.

    Each year the AIYD brings together young Australian and Indian leaders, CEOs, Members of Parliament, journalists, policy-makers and athletes to discuss opportunities and challenges significant to the Australia-India relationship.

    Of the 150 young leaders who have participated in the AIYD to date, a number of delegates have been qualified lawyers. Many of these delegates have worked in corporate law practices and have had experience working with Australian and Indian clients in cross-border transactions. In addition, a number of these lawyers have policy interests in the Australia-India bilateral relationship.

     

    You have recently co-founded an organisation which aims to promote collaboration between young entrepreneurs in Australia and India. Can you please tell us a bit more about this?

    In collaboration with two former AIYD delegates, I am building a platform that will encourage young Australian and Indian entrepreneurs to collaborate on projects. The organisation, “Crosshack”, is still in its planning phase and we hope to roll it out in 2016.

    Essentially, Crosshack will bring together groups of entrepreneurs, designers and other young professionals from Australia and India who will meet in Australia or India and collaborate on innovative ideas to build next generation products and services. These ideas will be pitched at an annual conference and it is our hope that Crosshack will lead to collaboration between young entrepreneurs from both countries.

     

    Since leaving Amarchand, you have founded an advisory practice called Australia India Advisory, can you please tell us more about this.

    Running an advisory practice, I assist Australians to better understand business opportunities in Asia, particularly in India. I currently advise numerous Australian organisations (from start-ups to listed companies), assisting them with their entry and expansion into India. I have represented Australian companies across a variety of sectors, including education, energy and resources, professional services and technology.

     

    What advice would you give a law student or a fresh law graduate in order to succeed as a corporate lawyer?

    I think the key to success as a corporate lawyer are similar to that of any young professional in the professional services industry. While technical legal skills are important, nowadays the ability to clearly grasp difficult legal concepts and explain them in a concise way is only the first step. As a young lawyer, one has to be hungry to learn (both in terms of legal knowledge and other “soft-skills”). While it is important to work hard, it is equally important to “work smart” and learn the tricks of the trade from those more senior to you. The fantastic thing about starting out your career as a corporate lawyer is that you can see how many businesses operate across various industries – how they succeed and how (and why) they fail. I think it is important for a young lawyer to always try and see the bigger picture and constantly ask questions – by doing so, a seemingly mundane task like reviewing hundreds of documents in a due diligence process may be more rewarding in the long run.

     

    What advice would you give to Indian Law Grads who want to make a career as a Lawyer practicing across borders?

    My overarching advice would be to go for it! There is an increasing amount of opportunities for lawyers to gain international experience, even from within India. International transactions often involve either international clients or foreign counsel (or both) and you can learn a lot from the manner, professionalism and processes followed by these international lawyers.

    If you have an opportunity to practice abroad during your career, you should take advantage of the experience. The Indian corporate law industry is really competitive and international experience can set you apart from your peers. Applying for positions abroad can be difficult and the standards of applications and interviews are very high – invest enough time in your applications and résumés and seek advice from others who have worked abroad. If successful, work hard and learn as much as you can while working across borders.

  • Nandan Kamath, Founder, LawNK, on building an illustrious career in Sports Law and IPR and being a Rhodes Scholar

    Nandan Kamath, Founder, LawNK, on building an illustrious career in Sports Law and IPR and being a Rhodes Scholar

    Nandan Kamath traded his dream of being a professional cricketer for a life in law, and since then, there has been no looking back for him. A graduate of National Law School of India University (NLSIU) in the year 2000, Nandan has been a recipient of the Rhodes Scholarship. After completing his BCL in Law and M.Sc. in Economic & Social History from Balliol College, University of Oxford in 2002, he went on to pursue his Masters in Harvard Law School.Soon after graduating in 2003, he joined as an Associate with Davis Polk & Wardwell, where he worked for three years. On returning to India, he founded his own law firm, The Law Offices of Nandan Kamath (Law NK), which is one of the leading law firms in the country in the field of Sports, Media, Technology and IPR Laws.

    With this interview, he opens up to students about:

    • The importance of hard work, dedication and discipline in the field of law;
    • His dual Masters in law from Oxford University and Harvard University;
    • His experience of working at an international law firm;
    • Working in close connection to a field close to his heart – Sports

     

    You are a law graduate from NLSIU, what motivated you to pursue Law, especially from NLSIU?

    I was a law student by chance, rather than by design.  In my teenage years, I was a sportsman first, and a student next.  I had my eyes set on a professional career in cricket, and chose my pre-university college purely on the strength of its cricket team.  The first time I heard of NLSIU was when they sent a volleyball team to participate in our college sports festival, and I remember seeing the players’ jerseys and only thinking, at the time,that N-L-S-I-U was quite an odd jumble of letters put together. The next introduction to the law school was when the college cricket team I was on, ended up playing against (and beating) the NLSIU team. As thoughts of needing a proper college degree began to loom, I heard from a classmate about the NLSIU entrance test. Being interested in word games, puzzles and logic, I thought it would be an interesting experience for its own sake. I looked over a couple of past test papers the night before the exam, took it, and surprised myself by making it through. Although things were certainly not as competitive then as they are now, getting through the entrance exam convinced me that I might have some aptitude for the law. At least the examiners thought so!

     

    Tell us about your time at NLSIU, what were your career plans after graduation?

    Life at NLSIU didn’t get off to a particularly auspicious start. Dr. Menon made it very clear at my entrance interview that I had to choose to either pursue cricket or law studies (but not both), as the institution only had space for full-time students with strict attendance requirements.  In the pre-IPL days, the odds were stacked against making a career out of cricket, so it wasn’t really much of a choice. Having made that trade-off, I put my head down and took my academics quite seriously for the first time in my life. It seemed like the right thing to do – to make full use of the opportunity if, in order to pursue it, I had given up something I was good at and enjoyed.  I found that the institution was an excellent place to become aware of various national and international issues.The regularity of project work and exams enforced a level of discipline which I was quite happy to adopt. At the same time, it was quite challenging, in various ways, to be at an institution with students from all over the country, each asserting and debating different identities, perspectives and ways of thinking. It gave me a broad and useful platform in the study of law and people in general.  I also met some of the smartest people I know during my five years there. In terms of career plans, I was fortunate to be selected for the Rhodes Scholarship at the beginning of my final year, so my immediate plans were made for me.

     

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    After Graduation you went on to pursue BCL from Oxford as a Rhodes Scholar. Please tell us about the course and your time at Oxford.

    The BCL was a very rigorous, jurisprudence oriented course, and the academic standards were very high. I did courses on intellectual property and transnational commercial laws.  The perspective was very different, with the focus being on why laws are the way they are and how they have come to be, rather than the descriptive study of the law I had been used to. It needed a fair bit of adjustment to think more analytically and to have an opinion and a view on the law, rather than being required to know what it was. In my second year at Oxford, I did my Masters in economic and social history with a focus on the history of networks and technologies, and found it very interesting. Overall, my time at Oxford was idyllic with a great mix of sports, social and academic activities.  I met an internationally diverse group of people during my time there, each person with multiple interests and skills.  My time at Oxford broadened my perspective and my horizons, both socially and academically.

     

    You did not end your academic streak at Oxford, but went further and pursued LL.M from Harvard. What was it like to get into, and study at Harvard Law School?

    I applied to Harvard Law School after having completed my BCL, so that probably strengthened my application. Being at Harvard Law School after two years at Oxford involved moving from a multi-disciplinary social setting, to the company of hundreds of highly-charged law graduates,most of whom had never stood second at anything they had done. It was a very competitive environment and not particularly easy going. Nonetheless, I found the LL.M. was very helpful as preparation for law practice.The weekly reading load was huge, and overall, the courses were intense and challenging (befitting the atmosphere). I found the analytical frameworks used by the teachers quite fascinating and very practically relevant, whether it was the economic analysis of law, legal realism, or anything else. It gave me a new lens to look at the law with, and added nuance and process to my thought process.

     

    How do your dual Masters in Law help you in your current work profile? Do you plan to go for any further studies?

    I believe that one’s law studies and degrees are only as valuable as the lawyer they produce. My studies have certainly given me a lot in terms of perspective, ways of thinking and analysis, and that is very valuable.Other than that, I don’t think the tags of being from a particular university help me that much in the work I do, other than perhaps leading to a (rebuttable!) presumption that I am not completely inept.  As for further studies, I think the phase of my life involving formal academic study is probably behind me –I can’t really see myself going back to the classroom, exams and dissertations. But I’ll never say never – I may just surprise myself if something really excites me.

     

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    Given your academic record, were you ever interested in pursuing an academic career?

    I do enjoy teaching a few classes here and there, alongside my law practice. However, pursuing an academic career was never on my agenda.  I didn’t feel I had either the intellectual firepower, or the patience required to master an area of law sufficiently to teach it repeatedly, consistently and engagingly.

     

    After your LL.M from Harvard you joined Davis Polk, a global law firm.How did you get recruited there?

    I had met one of the senior partners of the firm during an internship in Mumbai at ICICI Bank,while still in law school, and had managed to stay in touch. A few years later, when I finished at Harvard Law School, I got back in touch, was called for an interview and made it through the process. It wasn’t a very hot job market at the time and I consider myself very lucky to have got the opportunity.

     

    What is it like to work in a big and global law firm?Please tell us something about the kind of work you did there.

    I worked for three years at the California office of Davis Polk in the intellectual property and global technology group.  The work involved intellectual property and corporate advisory, especially in relation to mergers and acquisitions, and capital markets transactions.  It was the perfect first job for me.  It was challenging both substantively and in terms of work hours and it forced me to up my game, and push my limits. I found a number of mentors among the partners there.  The importance of attention to detail, personal responsibility for (and pride in) work product and client orientation were my main takeaways. I also saw that it is possible to create an open, friendly and informal work environment without compromise on work product and quality standards.

     

    You left Davis Polk after three years, what were your reasons to do so?

    When I started my studies abroad, I had set myself a target of being back in India in 5-6 years.  The end of this period also coincided with some plateauing in my learning and it was becoming clear that the big law firm trajectory was not the best one for me. I left Davis Polk after a brief stint in Hong Kong and Mumbai,and moved back to my hometown Bangalore, where I wanted to live and work.  I didn’t have a specific work plan but was happy to put down roots and figure things out.

     

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    You set up LawNK – The Law Offices of Nandan Kamath after you left Davis Polk, what was the motivation behind going independent?

    My father is a Chartered Accountant who started his own practice from scratch, worked hard, and succeeded off his own steam.  Watching him from close quarters helped me recognise the many advantages of independence.  It also inspired me to chart my own course, without too much fear or doubt coming into the picture.  Having the opportunity to choose what I was going to work on was a big luxury, and I was determined to work in an area I loved – sport.  With a view of working on sports law, I went about meeting a number of athletes, coaches and others working in the nascent sports industry.

    Every one of them made it quite clear that there was little value a lawyer could add at that point, given the lack of structure and professionalism in the field.  That feedback temporarily set back my plans to establish a sports law practice. I involved myself in other ventures in sport and athlete representation, which gave me a ground level view of issues Indian athletes were facing and the state of play overall.  Over time, I started getting requests for legal assistance from others who were making their way in sport business and I began advising them as a sole practitioner.  The game changer came in 2008 with the IPL. The professionalization of sports through the league brought sports contracts into the mainstream in India.  This is when things took flight, and the firm has grown organically since then.

     

    LawNK – The Law Offices of Nandan Kamath specialises in Sports, Media, Technology and IPR Laws.How did you build your client base, especially since you spent your formative years outside the country?

    Over the years, our clients have found us rather than the other way around. A well-defined focus in terms of practice areas, and a team that is knowledgeable and passionate about the work, are our greatest strengths.The client base has built through word of mouth, and it is not something I have ever actively worried about. We focus on our work, and know that interesting work will find us when the time is ripe and the opportunity is right.

     

    You are also a Trustee at GoSports Foundation.Tell us a bit about it and your role therein?

    GoSports Foundation (www.gosports.in) is a non-profit that I co-founded in 2008. The organisation’s vision is to empower young athletes and enable them to achieve their Olympic and Paralympic dreams. Being quite aware of the state of Indian sports, we started GoSports Foundation to contribute our bit to the growth of an athlete-centric sports ecosystem in non-cricket sports. Our quest is to bring professionalism and positivity into athletes’ journeys and to ride with them through ups and downs, providing financial support, mentorship, access to expertise and career advice. As Managing Trustee, I play an active role in the administration of the organisation, and support the executive team wherever needed in the programmes. It also provides me the opportunity to work with our Board of Advisors, which comprises of Abhinav Bindra, Rahul Dravid and P. Gopichand, in thinking about Indian sport and making meaningful interventions.  It is work that I love and an organisation I am proud being a part of.  I have met fascinating people along the way, and my work with GoSports Foundation has opened doors to a wide variety of experiences – from hosting a TV sports show, to designing national talent support schemes, working with childhood heroes, being on selection panels and drafting state sports policies. While it is often challenging work and requires lots of self-belief, I have received far more from it than I have given.

     

    Rahul Dravid on extreme left and Nandan Kamath on extreme right.
    Rahul Dravid on extreme left and Nandan Kamath on extreme right.

    Who form your clientele? Could you please share with us any representation you are particularly proud of having worked on?

    Our sports practice advises a wide range of governing bodies, franchises, players and sports brands.  Cricket and football have been the primary disciplines but we are now seeing more in tennis, badminton and golf, and the new professional leagues are also mushrooming. Other areas of our special focus have been advertising and marketing laws, e-commerce, privacy, food and beverages law, and medical law. I am particularly proud of our team for being empanelled by the ICC as the official law firm for the Cricket World Cup hosted in India, Sri Lanka and Bangladesh in 2011. It was a great honour and privilege, and watching India win the finals was the icing on the cake!

     

    Do you think playing sports has helped you as a lawyer?

    I have always believed that playing serious sport is excellent preparation for professional life. With the benefit of many years of experience now, I think this is even more so for the law.  Competitive sport provides early exposure to the adversarial process.  It also requires one to make real-time decisions based on dynamic, unstructured data –which is only possible to do competently if you have prepared thoroughly, and practised hard.  All this is not too different from law practice! Also, sport teaches you that although it is primarily your own individual pursuit, you are almost always playing in a context – representing someone or something else (a team, institution or even a country). Similarly, it is a client and/or a cause that makes one an advocate, and that is always good perspective to carry. Finally, you learn from sport that you are only as good as your last innings, but I’m going to ignore that for now because my last one was a duck.

     

    Many of our readers would be interested in having a career in sports law and representing celebrity sport stars. What would be your advice to them?

    If it is truly a substantive area that you are interested in, it is a field worth investing time and energy into.  The glory and glamour fade away quite quickly, so it is important to have the right motivations – that will help you stick it out through the early days and mature and stay passionate about and interested in the work.  Other than that, the best advice I got as a young lawyer was to become a good lawyer first before attempting to add any prefixes (such as ‘sports’ lawyer), and to focus first on learning the tools of the profession – in transactional law, that includes things like client communication, drafting, time management, multi-tasking,organisation, attention to detail, and finding one’s own methods and practices.  If you have built a strong practice toolkit, adding new substantive areas to the repertoire is actually not that difficult.  Sports law is not rocket science and it is an interest that can be pursued at any point by a skilled lawyer.

     

    What do you look for when you hire lawyers to work with you?

    We look for self-motivated young lawyers who have also demonstrated their interest in our practice areas.  Our firm has graduates from NLSIU, NALSAR, Symbiosis, ILS, GNLU and NUJS, so it is quite a diverse set.  A few have come through our internship process, which is a good outcome for all concerned.  I am very proud of the lawyers in our firm, and have enjoyed seeing them grow steadily as professionals.  From what I see, today’s young law graduates are better trained and prepared than I was when I finished law school.

     

    Do you provide for internship opportunities? Where should a law student apply if he/she wants exposure in sports law?

    Yes, we do have an internship programme.  We accept only one or two interns at a time to make the experience meaningful, so spots are limited.  It is a chance to give law students exposure to the types of work we do, and our work environment. There is an online form (http://www.lawnk.com/home/) that interested applicants can complete for more information on the process.

     

    It is a dream to work in the subject we love for most of us. What do you have to say to those who didn’t end up doing what they love the most?

    As one steadily moves up Maslow’s hierarchy of needs (I told you that NLSIU left a lasting impact!), beyond security and the need for external recognition and validation, I feel that the journey ends up becoming about two things – the pursuit of mastery and the pursuit of engagement.  Mastery brings the joy of excellence; engagement brings the joy of working on things one cares about.  It is only the lucky few whose pursuit of both mastery and engagement unify in their daily work, or even converge on a regular basis for that matter. I feel the rest of us must remain open to tapping different and diverse outlets and sources if we are to simultaneously experience both of these pursuits.  For whatever reason, not everyone might get engagement with things one loves at the workplace. But it is still possible to find an outlet for this, maybe through hobbies, volunteer work or even by innovating within the limitations of the workplace.  Life is too short and you are already very fortunate if you know what you truly love!

     

    What would be your parting message for our readers?

    Have a clear career plan in mind, but leave enough room for chance to play its part. Also, stay open to being inspired.

  • Rimali Batra, Associate, Regulatory and Policy team, Trilegal, on pursuing BCL from Oxford, life at law school and varied work experience

    Rimali Batra, Associate, Regulatory and Policy team, Trilegal, on pursuing BCL from Oxford, life at law school and varied work experience

    Rimali Batra graduated from ILS Law College, Pune in 2010. After graduation, she worked at ICICI Bank’s Corporate Banking and Litigation team in New Delhi for a year. Thereafter, she pursued a BCL degree at the University of Oxford. After completing BCL, she joined Jindal Global Law School as a Research Associate. She subsequently accepted a job offer from J Sagar Associate’s Regulatory and Policy team and after continuing there for a while she went on to join her present office at the Regulatory team of Trilegal.

    In this interview she talks about:

    • Reading BCL at Oxford and tips on scholarships
    • Being a Research Associate at JGLS
    • Working at JSA and moving over to Trilegal

     

    Most of readers are budding and enthusiastic lawyers, how would you like to introduce yourself to them?

    I was born and raised in Delhi. I did my schooling from Montfort Senior Secondary School located in Ashok Vihar, New Delhi. Thereafter I went to ILS Law College, Pune to do my graduation in Law. After ILS Law College, I worked with ICICI Bank’s Corporate Banking and Litigation team in New Delhi. A year and three months later, I went to University of Oxford to read law. After BCL, I joined Jindal Law School, Sonipat as a research associate and worked there for three semesters. During the second half of 2014, I joined J Sagar Associate’s Regulatory and Policy team and worked on matters concerning power (Electricity Act, 2003). I was with Mr. Amit Kapur’s team in JSA for a year and have now moved to Mr. Sitesh Mukherjee’s Regulatory team in Trilegal. I have been at Trilegal for five months now. That’s been my journey thus far.

     

    You have had many interesting career switches from starting out as a banking lawyer then being a Research Associate at JGLS to your current profile at Trilegal. What all do you consider before taking these decisions?

    One is of course bound to be surprised at the changing courses of my career paths but then it was all a part of the plan, which I hope the readers will see as this interview answers unfold. All decisions that I have made till date connect, and connect wonderfully.

    rimali-batra-2I am a curious individual and don’t shy from taking risks. I have always been experimental in nature and challenges attract me and hold me. Call it my weakness, call it my strength. I believe that I perform well when I multi-task (It’s like enjoying the main course with some side dishes). That is how it has been since school days. For instance, in school I did not just study hard and well, but also trained myself to be a good basketball player (played national and international tournaments), a praiseworthy debater (both at the inter-school level and state level), a leader (school head girl) and a decent quizzer (inter-school level). Similarly in College, I did not settle for just being among the top 10 rank holder for all five years in the Pune University (ILS was one among the 20 odd colleges affiliated to the Pune University), but also represented ILS at various national and international level moot competitions, elocutions and paper presentations. At Oxford too, I read the BCL alongside playing basketball for the University of Oxford. And now whenever I have time and I am not working, I am doing either of the following – pro-bono advisory on energy laws and medical law and ethics, reading books, stock trading / following the market, writing and publishing stories or on issues of law that interest me, teaching English to underprivileged kids at home on weekends, part-time teaching at law schools or travelling.

     

    Did you have lawyers in your family or in close proximity?

    A little about my family: There are no lawyers in my family (or in extended family for that matter). My father hailed from Sonipat and my mother came to India in my Nani’s womb from Pakistan. My father was a businessmen and my mother assisted him in his business. He was and is my role model. He had no basic formal education and left school in class VI to pursue his dream of setting up a business. My mother was a national level table-tennis player and a B.Com graduate from University of Delhi.

    My elder sister, who is a gold medallist, is a Human Resources manager with a renowned company in New Delhi and my younger brother, who is also a gold medallist in B.Com (H) from University of Delhi is running his own business and takes care of dad’s business. I think I inherited my mother’s sports skills and reading habits and my father’s experimental, risk bearing and helping nature. I believed that a little confusion and nervousness is always good but fear is destructive, and therefore I aim at balancing my fears and my weaknesses with my confidence and strengths, as I move forward. I also leave achievements behind and look at them as a thing of the past and aspire to achieve a little more as days go by. So, in a nut-shell, law and basketball are my passion and I am a learner and observer at heart.

     

    Why did you decide to be a lawyer? How was your law school experience at ILS, Pune?

    As far as my memory goes, I sealed the decision of being a lawyer in Class Xth – even before I decided whether to take commerce or science. My decision was based on an aptitude test that was conducted in school moral science class. Thereafter I started adding biographies of famous lawyers to my reading rack alongside the already placed biographies of basketball players. I also read a lot of John Grisham. That marked the beginning. In class XII, I joined LST for preparation. I did not fill any other forms (B.Com, Eco (H) etc) but gave entrance tests for N-Schools. At one point in time, when I did not get through Symbiosis, I almost lost hope for making it to any other N-School, but then when I made it NALSAR, I regained my strength. I also made it to ILS on merit and on sports quota. Now, the decision there was simple, but I got swayed by the India Today ranking and picked ILS over NALSAR, as the ranking placed ILS at number 1 in 2005.

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    ILS for me was a place of opportunities. Located in the heart of the city and walking distance from Symbiosis, ASCL, Ferguson College, FTII and Gokhale Institute of Political Science and Economics, it offered a vibrant student crowd and a bundle of opportunities. My learning was not limited to the classrooms of ILS. I participated in moots that enlarged my frame of learning, pursued diplomas in subjects that were not taught as a part of the academic curriculum and interned with NGO’s/human rights organisations in Pune. During college, I successfully completed diplomas in International Arbitration, Cyber Laws, International Business Laws, Securities Laws and Medical Law and Criminology. I was one of the speakers in the team that represented University of Pune at University of Oxford in the quarter-final rounds of the Oxford IPR Moot Competition, 2009. My first publication was on ‘domestic violence’ in the college journal (in 2007), followed by a piece on ‘separation of powers’ in the Ambedkar Law School journal (2009). During college, I also participated in cultural events like poetry writing and recitation, signing and painting. And of course I continued to play Basketball at the Deccan Gymkhana, since our college did not have a functional basketball court. I made some great friends at ILS. Overall, I believe I was able to paint my canvas with so many colours because I was in a college that gave me so much time and space to explore and go looking for opportunities, if they refuse to come to you.

     

    When people say “Law school”, they look no further than the National Law Universities. As a graduate of ILS, Pune have you faced any such bias? What would be your advice to students in ILS?

    I think the trends are changing a bit. Especially because of so many law colleges mushrooming across the country. ILS has a legacy of being one of the oldest institutions imparting legal knowledge. What ILS lacks is professional training. Meeting my counterparts from N-Schools, always encouraged me to imbibe in me the skills required to think, talk and approach life like a professional. Bias does exit but not all of us have to face it. ILS has a reputation for producing some good litigators however has not earned the same reputation in the corporate world, thereby making it difficult for kids in ILS to crack competitive corporate jobs. I recall an incident during my first job where a senior of my team, while praising my work, introduced me to be from NLS. On my prompting, he corrected himself and toned up his praises even more (considering he was surprised!). I would advise students from ILS to do additional courses and good internships because only studying law at ILS and getting a degree is not going to be enough.

    My advice to students of ILS would be two-fold

    (a) focus on academics in order to score well. Do not consider classroom teaching the end all of academics, that’s just the starting point; and

    (b) Make the most of the time at hand. Involve yourself in activities/course or additional degree’s that interest you. ILS makes space and time for you to incorporate that in your schedule. Most importantly, do both with the sole objective of learning.

    Students can consider requesting administration to take notice of events, moots and competitions that interest them and be rest assured the college will do its part. Student may also invite luminaries in the legal fraternity for lectures and seminars. Basically, what a student in ILS needs is the ‘instinct to initiate’ and ‘go towards opportunities’.

     

    Please describe the internships that you did in college.

    For internships, I always chose New Delhi, because this is where home was and logistics were easy to manage. My first internship was in the District Courts of Delhi where I read and researched on matters of criminal law and property related disputes. Thereafter, I did my second internship in Delhi High Court where I worked on matters on the original as well as the appellate side on various subjects. In my third year I did internships with Senior Advocates of Supreme Court. I then did an internship with litigation teams of two law firms and my final internship was with the Law Commission of India where I wrote a thesis (which retired into a book) on Constitutional validity of Medical Termination in India. I planned my internships and explored possible avenues for a lawyer in order to better understand my calling. By the end of five years, I was sure of being a litigator (at the least) not sure of the subject area that interests me.

     

    You worked as a Legal Manager at ICICI Bank. How does a typical day at ICICI work out? What were your main tasks and what responsibility did you undertake?

    ICICI Bank was my first employer. I was placed through college. I was based out of the Delhi office (I asked for Delhi as my location during my interview). I worked in no specific vertical, but was primarily doing litigation for/against the Bank. Anything and everything was a part of my profile. On a day I would be doing ECB lending, security creations and on another I would be researching and preparing written submissions for matters pending in the consumer forum or the Supreme Court and on yet another day I would be doing retail banking advisory. Having such a profile made it interesting to work in ICICI. I worked there for a year and a half, before I decided to do a masters.

     

    How did your appointment take place at ICICI Bank? What kinds of questions were asked at your interview for ICICI bank?

    ICICI follows a three step procedure, shortlisting on the basis of CV’s, followed by a Group Discussion and finally a personal interview. The Group Discussion revolves around a hypothetical problem relating to law of contracts and consumer protection. The personal interview is primarily based on the resume and a few HR based questions.

     

    Please tell us about your decision to do an LL.M and how you went about choosing the program and university.

    I decided to pursue my masters from Oxford ever since I visited the University in 2009 for an IPR Moot Competition. On my return, I pursued it like a dream. The advantages of doing a BCL are:

    (a) it offers the students to choose a suitable combination of subjects, based on their preferences as opposed to a custom-made LLM course. So, even though I read only four subjects as part of the BCL but at the same time the rigorous workload and timelines gave me the advantage of specialising in four subjects at one time,

    (b) Oxford targets on strengthening reading, breaking down complex material and articulating the same in form of legal writings/answers/tutorials. They say, don’t study BCL, you read for BCL.

     

    What do you think clicked in your favour during the selection process for Oxford? What are the scholarships you had applied for?

    I can’t answer this question with certainty. It has to be a combination of my academic performance in ILS, my statement of purpose and the write-up. Also, the fact that I assured my willingness to attend the course and pay for it, in case I did not get scholarships from Oxford, could have boosted my application. However, I did say that I will not attend if I had no scholarships at all. Other than that, achievements mentioned on my CV (like basketball, moots, diplomas etc.), my statement of purpose and my write-up may have added a little value.

     

    How do you think a law student can build up his profile to get through to top-notch universities like Oxford?

    It’s important to have a strong academic score. A rank in the law school adds value to the application. Apart from that, a student should be able to demonstrate inclination for engaging in theoretical and policy aspects of law. It is also advisable for students to have publications on their side. I remember interacting with the Dean of the University and inter alia, discussing the approach adopted by the University in considering applications from Indian law students. He talked about the law college’s ranking also being a relevant factor, apart from the academic achievements of the student.

     

    What was your area of study during your masters at Oxford? How was the academic pressure like and did you find time to engage yourself in other activities?

    I read Principles of Financial Regulations, Corporate Laws, Medical Law and Ethics and Philosophical Foundations of Common Law. The courses were rigorous and the readings ranged from being easy to intense and complex. However, I made time to be a part of the Oxford University Girl Basketball team after being shortlisted at the trials conducted at the beginning of the course. I played 4 or 5 inter-university matches and also participated in the legendry ‘Varsity Tournament’ played between Oxford and Cambridge every year.

     

    Please tell us about the scholarships you applied to and the procedure for each.

    I applied for all possible scholarships I stumbled upon during my research. I started looking for scholarships before making my application. I followed this website -governmentofindiascholarship.com. I specifically applied for Rhodes, Common Wealth Scholarship, KC Mahindra Trust, Jain Trust, Ox-Cam among others. I was awarded the KC Mahindra Trust Scholarship and the Ox-Cam Scholarships. The application procedure is a little detailed as the students need to prepare independent SOP for each and demonstrate availability of the balance funds (in case where the scholarship does not cover for everything).

    The interview rounds for KC Mahindra and Ox-Cam is fairly simple and questions are primarily targeted at (a) ‘Why oxford?’ and (b) ‘What after masters?’

    Additionally, I would suggest students to ask their employers or seniors they have worked with for financial assistance as some firms, seniors or employers are willing to offer funds with or without a promise from the student to come back and work with the said employer or senior.

     

    Please describe your experience at Oxford. What were the classes and professors like?

    Oxford was a scintillating experience for me. Especially, reading philosophy at Oxford gave me a deeper understanding of law, legal principles and concepts. Oxford has seminars (classroom teaching) which requires students to read before walking in. For my corporate law class I joined a group that was made by students themselves to discuss seminar questions before the seminar and help prepare better for exams.

    At Oxford I was exposed to a system that takes its readings very seriously. As a Masters student, we were required to not just read hundreds of pages every week, but, to also reflect on them during our seminars. I enjoyed this practice very much and it has allowed me to hone my writing skills in the process. A typical reading list will have at least 8-10 important readings (combination of articles, case laws and policy paper series from different jurisdictions, but primarily UK and US). Professors, at best, assist as students deliberate and discuss a topic. One more thing which I found particularly interesting was the presence of an economics, finance and corporate law professor at the same time during seminars for one of my courses, namely, principles of financial regulation.

    The tutorial system is quite unique. There are 4 tutorials for each subject and are spread over three semesters followed by a three hours written exam at the end of the course. I found the tutorials challenging but refreshing as they helped me assess my performance and understanding of the subject alongside attending seminars. They also helped me hone my skills of articulating my thoughts and understanding of the subject.

     

    You switched to a pure research based career after coming from Oxford. How did this change take place? How did you get to associate yourself with Jindal Global Law School?

    Academics is very close to my heart and still is. For as long as I can remember, teaching and educating has always fascinated me. When at Oxford, I heard about Jindal Law School and its dean, Dr. (Mr.) C. Raj Kumar who happens to be an alumnus of Oxford. I was given an opportunity to work as a Research Associate and lecture two courses ‘Property Laws’ and ‘Corporate Laws’. Honestly, one may see it as a switch in careers, but for me, academics fits in very well for an aspiring lawyer, especially after a masters. I also felt a dire need to re-apply and re-read my subjects, from the Indian law perspective – after I finished my masters.

    Though I chose to be a litigator, I haven’t lost touch with teaching and academics (and hopefully never will). I have conducted seminars and lectured at various law schools in India, ever since I left Jindal. I am a visiting faculty with Symbiosis Law School, Noida and often visit ILS Law College for conducting week long courses, as and when time permits.

     

    You had worked with Jyoti Sagar Associates and you are now working with Trilegal. Why this switch?

    After two very fruitful and enriching years at Jindal Law School, I decide to do join regulatory litigation. I was with JSA for a year and have been with Trilegal for 5 months now and having been working on laws in the energy sector, especially the power sector. With not much precedent in the sector, the practice is demanding and engaging.

     

    How is being a research associate or a legal manager at bank different from working at a top – notch law firm? Does the work load increase, how have you managed this transformation?

    When I was in ICICI, I assisted in consumer dispute litigations for/against the bank on subjects involving ‘corporate laws’, ‘banking laws and regulations’. When at Oxford I read ‘corporate law’ and ‘financial regulations’. When at Jindal, I taught ‘corporate laws and financial regulations’. When at JSA, I put together the knowledge and experience acquired from ‘corporate laws’, ‘regulations’ and ‘litigation’; and worked hard in acquiring sector specific knowledge. Electricity/Power sector is a super-niche sector and I find it thrilling and challenging. My work at JSA was very extensive and intense. At Trilegal, I continue working on matters in the power sector with the same intensity and I enjoy it immensely.

     

    How has the journey been so far? What are your long term goals?

    For me my journey that has been the best part. The people I met, places I visited, life experiences I picked on the way, all add to me being who I am today. For today and tomorrow, I am a litigator, learner and an observer and I aspire to be perfect at what I do.

     

    Lastly, what would be your message to a law student who wants to excel in the legal profession?

    Let me quote Abraham Lincoln’s message “If you are resolutely determined to make a lawyer of yourself, the thing is more than half done already.” I echo.

    When in law school, plan a little about your future. Immerse yourself in travel, cultural exchange, sports, parties and meaningful conversations, as much as possible. Don’t let your degree define your career limits. Don’t forget to explore and experiment. Take risks sometime, it adds a bitter-sweet flavour to your becoming a lawyer. If you do, then accept your failures as much as your cherish your victories.

    And most importantly, keep your imagination alive.