Super Lawyer

Tag: Partner

  • “People will put their faith in the legal system only if they believe in it. The access to the justice system shouldn’t be restricted to the top 1%; it must also extend to the remaining 99%.” – Sahil Salvi, Partner at D N Salvi and Associates.

    “People will put their faith in the legal system only if they believe in it. The access to the justice system shouldn’t be restricted to the top 1%; it must also extend to the remaining 99%.” – Sahil Salvi, Partner at D N Salvi and Associates.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What inspired you to pursue a career in law, and how did starting as a law clerk for Justice Kurian Joseph at the Supreme Court shape your early understanding of the legal profession?

    From a very early age, I was fascinated by the concept of law, justice and the judiciary. Conversations about justice, ethics, and the intricate workings of the legal system would often surround me. I would often visit the courts or spend time in my father’s chambers. It was all these things coupled with the conversations that generally happened at home that played a monumental role in piquing my interest in Law. His thriving practice, a short stint as a Sessions Judge, and power-packed career as a special prosecutor painted a vivid picture of what I wanted my tomorrow to be. 

    Over the years, my father encouraged me to look at multiple viewpoints or to think critically. I would look forward to the lengthy dinner-time discussions with him, where he would dissect varied matters and he would explain to me the nitty-gritty. I can recollect the lengthy discussions that would span over a few hours to a few days over civics lessons relating to working of the parliament and the judiciary, etc. Though I could grasp only as much in my nascent years, early interactions with several legal luminaries and their working etiquettes taught me that law is more than just a set of rules- it is a breathing, evolving framework that shapes the society. This was enough to gravitate towards the profession. 

    Now for the second part of your question, I want to tell you after graduating from Symbiosis Law School, Pune, I was fortunate to work as a judicial clerk cum research assistant with Justice Kurian Joseph, a former judge of the Supreme Court of India. As a raw professional, learning from a noteworthy Supreme Court Judge was an unforgettable experience that was instrumental in paving my legal journey from there. My responsibilities involved undertaking extensive research (they could sometimes get pretty daunting) and learning how landmark judgements come into existence. I remember sitting in the judge’s library of the Supreme Court on many occasions for hours like once we had to look at the Cooperative Societies Act of all the Indian states to find out which states have the provision to recall the elected nominees or during the NJAC case when we had to look at all the countries of the world how they appoint their higher judiciary. I used to be pleasantly surprised as Justice Joseph would spend quality time with all the clerks and interns, providing feedback to our research and perspectives to the cases argued in front of his bench on that day. I also had the opportunity to watch the country’s best lawyers showcase their impeccable court craft and legal acumen. It was like a dream brought to life for an aspiring counsel like me. 

    However, something else about him will forever be etched in my mind and soul. My precious takeaways were that I could closely observe his dedication, discipline, work ethic and eye for the most astute and acute details. I would love to tell you how on a couple of occasions he would take Suo Moto cognizance of Delhi’s most neglected causes like the case of the deplorable conditions of the Delhi public parks. In my interview he had asked me questions about the lesser-known fundamental duties, something which the law students generally miss out on while learning constitutional law, and the fact that he has authored a book on the same shows his eye for detail. The way he made the work look effortless is evidenced by the fact that he was a very vibrant judge and has authored 1110 judgements, the 10th highest among all the supreme court judges till today. Working under a visionary like Justice Kurian Joseph sir not only broadened my vision horizon but was also instrumental in shaping my core principles. 

    You’ve mentioned providing pro-bono legal services. What drives you to take on such cases, and how important do you think it is for lawyers to contribute to access to justice for all? 

    There is a quote by the American author, Raymond Chandler,” The law isn’t justice. It’s a very imperfect mechanism. If you press exactly the right buttons – and are also lucky – justice may show up in the answer. A mechanism is all the law was ever intended to be.” And I swear by it. As an officer of the court and a member of the legal fraternity, I feel, the importance of public trust in the judicial system is paramount. People will put their faith in the legal system only if they believe in it. The access to the justice system shouldn’t be restricted to the top 1%; it must also extend to the remaining 99%. More and more people need positive experiences with the system to build trust and to retain it. Hence, many litigants who cannot afford the best legal services but fight for just causes need to be seen and heard. I genuinely believe that, as lawyers, we are the voice of the common man who stands behind the closed doors of justice waiting and hoping for the miracle to happen. 

    It is about giving back to society. Do you know that once, while working at the office of Mr. Sidharth Luthra, he asked me if I knew why lawyers with extensive practice opt for the bench, the positions like the ASG/SG/AG, or undertake pro bono cases? After a few moments of pondering, he told me they want to make society a better place for their children. These words have never left me and have acted as my compass as I walk this journey. 

    With such diverse experience, what would you advise young legal professionals who are just starting their careers and aim to navigate the complexities of litigation? 

    As a budding lawyer or a young professional, you must explore various fields before finding your true calling. As popularly quoted by Julian Assange — ‘What we know is everything, it is our limit, of what we can be.’ So, budding legal entrants should try to know everything to find out where and how they can channel themselves. 

    My father’s wisdom often reminds me that law is prudence- it is a manifestation of common sense. It revolves around what a person of normal prudence would do in a given situation. This practical, judicious perspective is the foundation of interpreting any law. 

    One common myth I encountered early in my legal journey was the idea of ‘Sundays in litigation’. There is a very famous interview of a Senior Counsel who has said that there are no Sundays when you work at a litigation office. It is absolutely true. While the entire week goes attending to matters in court, weekends are spent in litigation offices drafting and conducting conferences. It’s a life of dedicated hard work and discipline. I believe, success in litigation is not about being a born genius, but about years of hard work, dedication, honesty, patience, integrity and self-belief. In the end, like my father says, law is just common sense. 

    As far as my journey as a young professional goes, my clerkship at the Supreme Court was immensely helpful. I took lessons in court craft from the country’s best counsels which was through self-learning as they argued in front of the court. I would say, that for those who don’t have time to invest in clerkship, spend some time sitting in the court halls and observing the court proceedings— that is where the best learning experience lies. One should also invest time in learning about the trial court proceedings even if you aspire to practice in the appellate courts. If you are unaware of how the artist performs critiquing the art, is something you cannot self-learn. Keeping up with the latest judicial pronouncements by the High Courts and the Supreme Court is something that you can’t miss on this journey. These are the basic blocks to making a career as a sound counsel. 

    You’ve worked on both prosecution (such as the 1993 Bombay Bomb Blast case) and defense (such as the Kamala Mills fire case). How do you balance these two perspectives, and what key lessons have you learned from each side?

    Once you get a decent grasp of the law, you realise that defence and prosecution are just two sides of the same coin. It is a matter of perspective. A good litigator should be able to anticipate both the prosecutor’s and defence’s arguments trajectory.  It’s like when you argue at the Writ court, there are several parties involved. As a legal counsel, you must safeguard the client’s interests while also keeping an eye out for the bigger picture. 

    At the trial stage, the prosecutor shoulders the most challenging task. As per the Supreme Court, the prosecutor’s job is to assist the court to come to a judicious conclusion, but in reality, it involves proving every fact in the chargesheet beyond a reasonable doubt. This requires presenting the entire chain and sequence of events with utmost precision while the defence attempts to discredit their narrative. 

    The defence tries every trick in the book to get some relief for the undertrial accused persons. I remember in one of the recent trials the defence lawyer did everything in his ability to delay the trial and he also argued on the fact about the continued delay to try to secure bail. The issue of systemic delays in courts in India has become so rampant that the courts have laid down precedents to avoid punitive detention of the undertrials. But the same is now being misused in this fashion. While the prosecutor is proving the charges, he also has to counter the defence’s attempt to take undue advantage of the systematic delay. Balancing these multiple counteracting factors while being fair to the accused is akin to balancing on a tied rope.  

    The job of a defence attorney is akin to that of a hawk. They must meticulously examine the entire prosecution story, searching for the weak links that can be exploited without disturbing certain aspects of the prosecution’s story. As a defence lawyer, you align with the prosecutor until it doesn’t incriminate you, and you must converge just enough to avoid liability. The goal is not to disprove the whole theory but to create enough doubts to hint at the fallacies in the prosecutor’s premise. 

    Practically, therefore, it’s not a difficult task to balance out the two perspectives and as a lawyer, professionally, you should not let the moral compass get in the way of your balance.

    How did pursuing your LL.M. at Queen Mary, University of London, enhance your understanding of international legal systems, and how has that influenced your practice in India?

    Pursuing my LL.M. at Queen Mary, University of London, significantly enhanced my understanding of international legal systems. The program allowed me to interact with peers representing different nations and learn from globally renowned professors. This exposure broadened my perspective on legal frameworks in various jurisdictions, particularly in the context of commercial law and arbitration.

    When the Supreme Court faces any legal dilemma, we look up to the legal frameworks of other international jurisdictions to find solutions, especially the commonwealth countries. Similarly, a commercial law-arbitration comparative study assists in determining how the law is going to evolve. 

    Studying alongside brilliant legal minds from multiple jurisdictions allowed me to gain insights into how different courts behave and interpret laws. Understanding these differences has been invaluable in my practice in India, especially when dealing with cross-border disputes. It has also helped me navigate the complexities of international arbitration and work towards establishing uniformity in interpreting and implementing arbitration awards.

    Overall, the experience has equipped me with the knowledge and tools to navigate the complexities of international legal systems and apply comparative insights to my practice in India.

    Looking back on your career so far, what do you believe is the most significant impact your work has had on your clients and the legal system, and how do you hope to continue shaping the legal landscape moving forward? 

    Every small relief we secure has a profound impact on the lives of the litigants. For them, it can be a life-changing moment. We deal with people’s lives, and it feels like a lifesaver when you bail out an innocent person or secure an acquittal. A favorable judgement not only impacts their life but also extends to many more lives dependent on them. I recall a case from Kolhapur in which I had taken pro bono. The accused and his father had killed the accused’s brother over a property dispute, leaving three women in the family without any support or protection. We fought tirelessly to get his bail rejected, knowing that this rejection order meant saving the lives of those three women. For every client, each order we secure makes a significant impact. 

    There was another case in which, as sad as it may sound, a 13-year-old girl was molested by her own uncle. The accused secured anticipatory bail from the trial court within a week without notice to the victim. We approached the High Court to get his anticipatory bail cancelled, even the Supreme Court refused to grant him protection and thereafter he was finally arrested. 

    However, there are many systematic delays which happen in the judicial system. So many times, the essence of the order is only when the court decides in a time-bound manner. Otherwise, the impact can be subdued or the meaning entirely lost. Hence, I strive to resolve matters as early as possible through my work. I do not believe in unnecessary adjournments to fuel selfish goals. There have been instances when I have secured an ABA from the Bombay High Court for a client within 4 days from the filing date. I try and minimise systematic delays at my end as much as possible. Sometimes, the delays are imminent, but as an officer of court, you can at least try. A pioneer of this can be Justice Kathawala, who sat till 5:00 AM on the day before Diwali vacations. Not that in one day he could solve the issue of pendency, but everyone deserving relief on the day got one which could have been prolonged for a month at least. 

    The unfortunate reality is that many have lost faith in the country’s two limbs, but there is still hope in the efficacy of the judiciary system. It is crucial that justice is not just done, but, done in a timely manner. Justice delayed is justice denied, and it is only by ensuring timely justice that we can restore faith in the judiciary and uphold the rights of every individual. 

    With your busy schedule and involvement in high-profile cases, how do you unwind and maintain a work-life balance? Are there any specific hobbies or activities that help you recharge? 

    As a litigating lawyer, I know that there are effectively no Sundays. But everyone deserves and needs that breath of fresh air now and then to keep re-fueling the inner juices. But, as we are city dwellers, there is a way to escape. Hence, as litigating lawyers, court vacations must be spent out of your residential town, somewhere you can’t be disturbed. I love travelling. I travel with my wife on longer weekends and during court vacations. It helps me ease out of the monotone. 

    When time is short, I turn to simple activities like swimming or running. These acts of self-care can work wonders, refreshing and rejuvenating the mind, body, and soul. There’s something almost therapeutic about a peaceful run or a swim before starting a hectic day, it’s like meditation. And on those rare days when I wrap up early, indulging in OTT content is my guilty pleasure. On rare occasions, I also love to don my chef’s hat and cook up a storm. Finding time for these activities and also indulging in meaningful conversations with my law school friends keeps me grounded during this journey.

    Get in touch with Sahil Salvi-

  • “Leadership isn’t about rank; it’s about professionalism, setting an example, and teamwork. Whether in the field or the office, that’s what builds commitment and trust.” – Ronen Avner, Tax Partner at Herzog, Fox & Neeman

    “Leadership isn’t about rank; it’s about professionalism, setting an example, and teamwork. Whether in the field or the office, that’s what builds commitment and trust.” – Ronen Avner, Tax Partner at Herzog, Fox & Neeman

    This interview has been published by Namrata Singh and The SuperLawyer Team

    You have an impressive academic background in law and accounting, coupled with your experience in the Field Intelligence Corps. Can you share with us what inspired you to pursue a career in tax law, and how your journey has evolved from your early days as a legal intern to becoming a Partner at Herzog, Fox & Ne’eman?

    My path to tax law began at university. However, with Israel having the highest density of lawyers per capita in the world, I wanted to have something extra to stand out. My interest in finance led me to pursue an accounting degree alongside law. I enjoyed almost all of my legal courses, but tax law stood out and felt like the perfect combination of my interests. Additionally, in tax practice, both areas of expertise (law and accounting) come together, allowing me to maximize the use of my knowledge and capabilities.

    Becoming a partner at Herzog, Fox & Ne’eman, Israel’s leading law firm, was a goal I set from the start. After law school at the Hebrew University of Jerusalem, which is probably the best law faculty in Israel, I was allowed to intern at Herzog, and even though I left for a few years to complete my CPA qualification, I was determined to return. That persistence, combined with hard work and dedication after rejoining the firm, eventually promoted me as a partner in the tax department.

    Your experience as a commanding officer in the Field Intelligence Corps must have provided you with unique leadership skills. How has your military background influenced your approach to leading teams and managing complex tax cases? Could you please share your experience as a commanding officer?

    While there are key differences between leading military teams and legal teams, the core principle remains the same: leadership isn’t about rank; it’s about professionalism, setting an example, and teamwork. If your team looks up to you and knows you have their best interests at heart, they’re more likely to be motivated and committed to the work.

    My military experience also taught me that pushing a team too hard can backfire. There’s a fine line between creating a disciplined, professional team and overwhelming them. This balance is something I carry with me when managing legal teams today. Another key takeaway from military service is perspective. After leading teams under life-threatening conditions, I’ve developed a calmness in office life. Having experienced the intensity of field command, I received tools (such as the importance of preparations, practice, meeting timelines, etc.) that helped me stay more focused in the face of tough client meetings or deadlines. In my opinion, understanding this balance is crucial for every legal practitioner.

    Could you please describe some of the most challenging tax cases you’ve handled, particularly those involving international aspects like MAPs (Mutual Agreement Procedures) and APAs (Advance Pricing Agreements)?

    Dealing with multinational enterprises, aggressive tax authorities, and multi-million-dollar tax assessments can be complex, but that’s what makes these cases so interesting. Over the years, I have been involved in numerous tax audits, many of which eventually developed, per Herzog’s recommendation, into MAPs. One case involved an Israeli subsidiary of a major US tech company. The Israel Tax Authority (ITA) claimed that the Israeli company transferred all its functions, assets, and risks (FAR) to its non-Israeli parent company shortly after its acquisition. This argument is raised by the ITA against almost every Israeli company acquired by a multinational group. The ITA’s position, which we believed was baseless, resulted in a USD 40 million tax assessment. After the taxpayer’s administrative appeal was rejected by the ITA, we took the case to the Israeli District Court. At this stage, we also recommended the taxpayer initiate a MAP. After years of litigation and negotiations, the ITA eventually admitted to the US Competent Authorities that it could not support its arguments and dropped the assessment entirely, accepting the original tax returns.

    Another interesting international case I handled did not require a MAP, fortunately, but demonstrated some of the challenges that global activities of multinational enterprises (MNEs) create from a tax perspective. In this case, we had to convince the ITA of the appropriateness of a complex transfer pricing method, which resulted in most Israeli revenue and potential profits being attributed to other group entities. The case involved an Israeli subsidiary of a European-based multinational group. The group implemented a complex transfer pricing methodology called the Residual Profit Split Method (RPSM) for allocating profits among group entities based on their contributions to the business. After multiple meetings, the ITA accepted the methodology and its implementation and upheld the company’s tax filings. This was especially challenging, considering the fact that the ITA’s ability to audit the worldwide implementation of the transfer pricing methodology by the group was limited.

    How do you stay updated with the ever-evolving tax laws and regulations both in Israel and internationally? Are there specific resources or practices that you rely on to maintain your expertise?

    Staying up to date is crucial for every law practitioner, especially in the dynamic field of tax law. I follow newsletters from top law and accounting firms in Israel and abroad, keep an eye on updates from the ITA, review court cases weekly, and attend both local and international tax conferences. 

    At Herzog (and also PwC Israel, where I worked for two years), we encourage our teams to stay updated and hold periodic update meetings. We have regular team discussions to review new developments, which help everyone stay sharp. Personally, I make it a point to dedicate at least one hour a week to reading and catching up on new developments. I also try to learn as much as I can from my team and partners: if I overhear an interesting discussion between partners, I try to participate, even if it’s not billable (yes, billable hours aren’t everything!).

    Additionally, outside of formal meetings, I often discuss cases and ideas with colleagues. These discussions are invaluable for staying current in such a fast-changing environment.

    You’ve been involved in drafting responses to the Israel Tax Authority’s circulars and proposed legislation. What role do you think legal professionals should play in shaping tax policy, and how do you approach this task?

    Tax law is intricate, and changes in one area can have a ripple effect on others, impacting various aspects of taxpayers’ business activities. That’s why legal professionals must be involved in shaping tax policy. The Israel Tax Authority has significant expertise, but legal practitioners bring insights from daily interactions with clients and authorities. This practical experience is invaluable for refining policies and regulations.

    When working on policy, I believe it’s important to broaden our perspective beyond just clients’ interests. We need to think about what’s best for the taxpayers, the business community, and the overall relationship with tax authorities. Constructive feedback from legal professionals can lead to better, more balanced tax laws and policies. Working on legislation allows practitioners and regulators to collaborate, fostering relationships that may later be beneficial for more efficient tax audits.

    Throughout your career, you have mentored teams and led significant tax projects. What key lessons have you learned that you believe are crucial for young legal professionals entering the tax field today?

    My advice is simple: aim high and always strive to do your best. Surround yourself with the best people, challenge yourself, and continually seek improvement. The best way to grow is by pushing yourself, whether through challenging tasks or by working with top professionals, which often goes hand-in-hand with studying or working at highly-ranked universities or firms.

    Also, never underestimate the value of learning from those around you. You can learn from anyone—a boss, a colleague, even representatives of the tax authorities. Every task, no matter how small, is a learning opportunity. Pay attention to details, understand the bigger picture even if your task is limited, and don’t be afraid to ask questions when the time is right.

    Looking forward, what do you see as the biggest challenges and opportunities in the field of tax law, particularly in the context of digital economies and global trade?

    The ever-increasing global trade and the digitization of commerce present significant challenges and opportunities in tax. On one hand, businesses can now operate in markets and jurisdictions previously inaccessible. Additionally, tax authorities are offering incentives to encourage companies to relocate. On the other hand, new regulations like the OECD’s BEPS project, especially Pillar 1 and Pillar 2 rules, are adding layers of complexity to tax planning and compliance for multinational enterprises. These trends will require tax professionals to be more creative than ever, developing a deep understanding of clients’ business activities and becoming familiar with global tax regimes to provide the best advice.

    AI technologies could also significantly impact the tax field. While tax authorities are in the early stages of using machine learning and big data, it’s likely only a matter of time before these tools are more widely adopted in audits. This will create challenges for taxpayers but also open new opportunities for professionals prepared to navigate these changes.

    With your demanding career and significant responsibilities, how do you find time to unwind? What are some of your favorite ways to relax and recharge outside of work?

    Maintaining work-life balance is a challenge, but I’ve learned that it’s essential. Early in my career, I had a rule of not working at home, even if it meant long hours at the office, late nights, etc. At a certain point, I decided to change my approach. Now, I wake up earlier to exercise, tend to my garden, and spend time with my dog before starting the day. I also make it a point to have dinner with my family, recharging before diving back into work later in the evening. This balance has made a significant difference.

    Get in touch with Ronen Avner–

  • “Life as a lawyer is a test match, not a T-20. Keep putting your head down, work, and trust the process.” – Prashanth Shivadass, Partner at Shivadass & Shivadass (Law Chambers)

    “Life as a lawyer is a test match, not a T-20. Keep putting your head down, work, and trust the process.” – Prashanth Shivadass, Partner at Shivadass & Shivadass (Law Chambers)

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you share what initially inspired you to pursue a legal career and how this journey has shaped your professional philosophy?  

    My introduction to law happened in my 7th or 8th grade (around 2002) – my father was arguing a matter before the High Court – I knew nothing about what a Court is, what a lawyer does or for that matter, even what a Judge did. I was curious because I wanted to know what my dad did for a living.

    It was a tax matter that he and his team were arguing – I didn’t quite understand the matter because I went on the 3rd day of their arguments, so a large part of the matter had been argued. But I understood the underlying transaction and the business model.

    This pulled me into reading newspapers, especially the business section, to understand the changing aspects of the business environment, new technologies etc. I decided then, that science and aspects of science, are not my cup of tea and to pursue arts and commerce, which eventually led to law (clubbed with my very menial academic scores). 

    Studying for an examination and/or interviews has never been a strong suit of mine, so cracking anything in the first instance was out of the question – which is why, I liked the concept of doing something with ‘practice’ – I played cricket when I was in school and university (under-graduation and graduation), so I know the impact of practising before a game. I think of law the same way, where a Courtroom is a beautiful playground where there is an interpretation of something in black and white against the backdrop of the kind of businesses – law catches up with changing business experiences.

    My philosophy for practising law is based on everyday practice and reading – there is no escaping hard work and long hours, no matter which generation relays this out – there is no denying that there needs to be a balance between work and life, but there will be many instances where work will take away many vacations and time away from life and family, so choose well.

    Your academic credentials include a Master’s degree in Competition Law from Queen Mary University of London. How has this international education influenced your practice, and what value do you think global exposure brings to a lawyer’s career?

    Interestingly, many seniors I spoke to during my law school days and the first two years of my practice, said a master’s degree in law was completely unnecessary to practice in Indian Courts. But 2 years into practice, I got so engrossed in work, with long hours and no breaks, and that was when I had a moment of realization that led me to think – I like working and the long hours, but the longer I stretch this out, the harder it will be to come out and become a full-time student with a lot of time on my hands.

    I then decided to maybe take a couple of years when I could (luckily with no financial and other obligations), to study something I wanted and also, see a part of the world, meet different people across the world, understand different cultures, learn different business models, firm models etc. To this day, I value and cherish my period in London and the connections I made then.

    I think a master’s degree abroad is good and valuable when you have a specific goal in mind – I wanted to study Competition Law (from an EU and UK perspective) and understand how the Magic / Silver Circle law firms work, how the ‘Chamber’ model works in the UK. Plus, I like driving and travelling, so there was no better place than the UK for me (even considering the cost, since it is significantly cheaper than the US).

    You have a rich background in various areas of law, including Competition and Antitrust, Corporate and Commercial laws, Taxation etc. Could you share how you developed such a diverse expertise, and what drew you to specialize in these specific fields?

    Antitrust was and continues to be my first love, I fell in love with it in law school because there is a very balanced economic approach to it. Unfortunately, I do not practice it as much as I would like, but I do keep up with its evolution. 

    The other intriguing area that is coming up and that has excited me for a while is data protection – especially, with the current growth of AI – it will be very fascinating to bring out a fine line between right and wrong, in this technologically advanced society.

    Tax for me is a much-liked inheritance – having started with despising the area because of its complexities, my growth in law has been because of tax matters. I have over time, grown into and loved tax, with these same complexities it creates. 

    I think coming to like a subject/area in law, is intensely personal. I know lots of friends, who love doing original civil and criminal work since it gives them a different kind of joy – muddled in facts and evidence, interpretation of a different area of law and procedure daily etc. – different Courts of practice (original, appellate, quasi-judicial), city of practice etc. also make for a decision. 

    But if I were to specialise in a certain area, I’d give myself a good 5 years, before I can even begin to think that I have a hold on the subject.

    Your firm, Shivadass & Shivadass (Law Chambers), is known for its work in Litigation (taxation, commercial etc.), Corporate Law etc. How do you approach building a specialized practice in these areas, and what advice would you give to young lawyers aspiring to excel in these fields?

    Building a practice is convoluted. Some factors are beyond control (time, place, resources etc.), but quality of work and staying updated with the law is always within one’s control. Sometimes, a pragmatic approach towards the question of law and the transaction goes a long way in assisting both the Client and the Court.

    I’ve also noticed that knowledge sharing by way of writing articles, and books, helps dissipate your point of view of a certain area or provision of law. This also gives people a chance to gauge their understanding of law and personality.

    Unfortunately, building a practice takes a long time. But should lawyers choose to build a core practice, my advice would be to let your growth in that area be ‘organic’ – it will be more credible that way. Avoid instant marketing and instant gratification, because as a field, instant gratification in law tends to break you more than you would think.  

    Having worked with top law firms and the office of the Solicitor General of India, how did these experiences shape your perspective on the practice of law, and what key learnings have you carried forward into your own firm? Please share your experience.

    For this question, I will consider my experience from both my internship and practice perspective – be it firms, companies or chambers (including the SG’s office). 

    You garner different perspectives of law when you either intern or work. Big law has never fascinated me much, but I’ve always wanted to learn how big law functions – administratively i.e., marketing, practice area development, quality of work and output, deadlines, team structure, management structure etc., as opposed to a chamber practice, where your quality is determined by your legal prowess and how you present the case before a Court – the marketing here, is your presentation and skills before a Court, which spreads more by way of word of mouth, often the older marketing tactic.

    Having become a lawyer and spent nearly 12 years so far, I have now come to terms with what areas I want to specialise in and how I want to take this forward. Therefore, while driving this ethos for our ‘boutique firm’, I draw a fine balance between a law firm model and a chamber model. It’s been a great learning and there is so much more to learn – but I don’t shy away from making mistakes because, for me, mistakes are the only way to test your ideas.

    As a trained Carnatic classical singer and a state-level cricket player, how do you balance your demanding legal career with your hobbies, and do you believe these interests contribute to your professional success?

    I honestly wish I’d kept up with my singing and/or my cricketing abilities – to date, I feel I’ve spent more time on work and law than my hobbies, which is not a good sign. Frankly, having a passion/hobby outside of law is of real benefit. 

    While people do say that work is passion etc., I must admit, there are situations in my very small career, where reading books, musical therapy (be it in the form of listening to new music styles or immersing yourself in age-old classics) or catching a small practice game or tapping a few balls in the nets, helps clear your mind off negative energy, which tends to be a lot more in this industry.

    We get stuck with trying to achieve a great deal, too soon, that we fail to realise that life as a lawyer is a test match (that ends on day 5 at 4.30 PM) and not a t-20 that ends in 3 hours. Teamwork and building a team (any team), is the fulcrum of any sport. 

    Music, on the other hand, brings out the creative energy and strength in a person, which helps in clear thinking and concentration. I often ignite my spiritual side with a little of MS Subbulakshmi and some Carnatic music daily, which then moves to some Indie-rock, classic rock etc. It also gives you a sense of calm in toxic situations and keeps your emotions in check.

    This has helped me in various ways to keep that balance and I genuinely encourage everyone, not just lawyers, to have these hobbies (and just think of them as hobbies and not ‘side hustles’). This keeps you grounded. 

    With your extensive experience, what do you consider to be the most important skills or qualities that a lawyer should develop to succeed in litigation?

    By default, every lawyer has to read – there is no escaping. You may have a team either giving their comments on an agreement or briefing you on a matter (post discussions with Clients) – but unless you pick up the draft or file to read and make your notes, it will never survive the quality you want to achieve and build a name for yourself. We have to read for life, so the sooner this realisation hits, the better. We must strive to constantly read, and there is enough for everyone who wishes to absorb. Reading also makes your life easy when drafting, presenting a case before Court or simply, comprehending a bulky file in a time-efficient manner.

    The second skill is to use simple but effective words and learn the art of presentation and speaking. A lawyer should never have visible ‘stage fright’ – you may be shaking with fear within, but strong oratory skills and clarity of thought, take you a long way.

    The third and rather important skill is to treat ‘time’ as a dear friend –‘time’ can make or break you. Usage of time effectively and efficiently is an art in itself and respecting time is another. We cannot strive to have a silk gown within 10 years of being an advocate and yet, not use 24 hours effectively and efficiently. 

    I take whatever pending work I have to Court, for instance – while waiting for a matter, I read up on new cases, correct opinions and other drafts and/or, watch proceedings and note down similar cases that are being argued, which can be used as a precedent for some of my cases. I trust the process and patiently wait for my time to shine, while choosing all along, to keep putting my head down and working.

    You’ve been involved with a wide variety of matters across different forums / Courts. How do you navigate complexities of different matters across these forums? 

    A few years ago, I was in Court as part of a batch matter and the leading Senior Advocate on the matter was sitting beside me. Out of curiosity, I asked him, ‘Sir, do you think the matter will end today?’. He smiled, looked at me and said ‘Just remember, every matter has its fate and destiny’. I’ve come to realise that line today when on certain days, the Bench is with you and then flips completely the very next day. There are also situations, where you may be close to a disposal of a matter, but the matter never reaches and is not picked up for the next 6 – 8 months.

    Amongst other things, which is reading the file (concrete factual aspects, the law and the application of law to facts), making your notes etc., some other things we keep in mind is the language of the Judge i.e., the Judge’s view on an area or subject of law, their insistence on procedure, decorum in Court, manner of presentation, grip and handle on the subject, etc. 

    We don’t realise it often, but Judges today are under the immense pressure of workload – it is never an easy task being a Judge; social media only brings out one side of it but there is a side that only arguing counsels know – on an average day, each Judge (of whatever position), works at least 16 – 18 hours. It is sometimes inhumane but that is the reality. If you keep this in mind, you know how to navigate in a Court viz., your facts, arguments and the law. Being always prepared is never a bad thing – 5 minutes is enough to turn a case around and get a positive order from the Courts.

    Given your extensive experience, what advice would you offer to young legal professionals aspiring to become litigating lawyers?

    I know this will be hard for many to read – but give litigation a chance. I do understand that the hard work and long hours with menial pay are not as attractive as the fancy pay and lifestyle of big law or a corporate law firm – but if one can push themselves, there isn’t a place to be at, other than a Court. The money, name/fame, and adoration, that you receive from Judges, peers etc., is unmatched.

    The second is to never take a file/matter, lightly – even if it is just for an adjournment/Passover or the fact that it is ‘just a matter at consumer court’ or ‘just a civil court hearing’. Every matter, of whatever nature, is absolutely important to your credibility as a litigator. 

    Third – find a mentor; a mentor who is willing to take risks with you, a mentor who not only guides you but allows you to fail and learn, a mentor who gives you opportunities. Unfortunately, such mentors may not be in a position to pay you much – but, when you have such opportunities, you can create your own brand, perhaps even get some of your cases to cover up the balance in terms of pay.

    Get in touch with Prashanth Shivadass-

  • “The reality is that law isn’t about flashy suits or truckloads of money; it’s about resilience. The initial years are tough, but perseverance will always reward the committed” – Pinak Mitra, Partner at DMG India Law offices LLP

    “The reality is that law isn’t about flashy suits or truckloads of money; it’s about resilience. The initial years are tough, but perseverance will always reward the committed” – Pinak Mitra, Partner at DMG India Law offices LLP

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Hello and welcome, everyone! The SuperLawyer’s team is excited to bring you yet another insightful session today. If you are seeking inspiration through diversification and unwavering dedication, look no further—today’s guest embodies both.

    We are honored to welcome Advocate Pinak Mitra, a respected figure in the legal community.

    For those joining us today, let me briefly introduce our esteemed guest. Advocate Mitra is a distinguished lawyer at the High Court of Calcutta, serving as Counsel for the State of West Bengal. He is a distinguished Member of the International Council of Jurists and a National Board Member of the Indian Lawyers Association—yet this is just the beginning of his impressive journey.

    With a dynamic practice spanning criminal law, constitutional law, consumer law, medico-legal issues, family law, and matrimonial disputes, Advocate Mitra’s legal expertise is truly vast. He continually upskills himself, delving into intellectual property law, and navigating the intricacies of economic offenses.

    We are thrilled to have you with us today, sir. Thank you for graciously accepting our invitation and joining us to share your knowledge. Welcome, Advocate Mitra!

    Thank you so much, Akash.

    Sir, let’s begin with a topic that resonates with many young lawyers. Litigation, as we know, is a challenging path, and it can feel overwhelming, especially for those just starting out.

    Given your remarkable achievements in this field, could you share with us how you navigated this journey and what drew you to pursue a career in litigation? We would love to hear about your experiences and the key insights that shaped your path

    Actually, for me, law was never my first choice. I wanted to study medicine and become a doctor. Law was my second option. The reason I chose between medicine and law was that I wanted to be a professional and not have a job where I worked under an employer. I didn’t want to be just another employee. That’s precisely why medicine and law were my two options. After failing to crack the medical exams, I shifted my focus to law.

    I managed to get into law, took the entrance exams—though without much preparation—and got into the Department of Law at the University of Calcutta for a five-year BA LLB course. Initially, it was very boring because we had several papers related to humanities, and I came from a science background. The first and second years were especially dull since we didn’t have semester exams at that time in Calcutta University. But once we started with the law subjects, things slowly became more interesting.

    After graduating and joining court, I realized the stark contrast between what I had heard, seen on TV, and the reality. It’s very different from the common notion that lawyers are flashy people earning truckloads of money. The reality is that it’s a tough nut to crack, especially in the initial years, where you need a lot of resilience to sustain yourself.

    I’ve seen many of my batchmates join court after graduating from law school, but within two or three years, their initial energy fizzles out. The struggle is real, especially when you see friends from other fields, like engineering or MBA, earning decent salaries, enjoying job security, buying cars, and investing. Meanwhile, someone who studied law and joined litigation finds it incredibly difficult, not just to sustain themselves, but even to ask family members for basic expenses to travel to court.

    It’s quite embarrassing to ask for small amounts of money just to sustain yourself when you’re 24 or 25 years old and should ideally be independent. And when you see your friends with steady salaries, negativity can easily creep in. It’s challenging not to get depressed or bogged down by these realities and to just keep going. This is why some people, despite their potential, eventually give up or lose the patience to hang on after a few years. That’s the biggest challenge anyone entering litigation has to face.

    Thank you, sir. Your insights are truly grounded in the practical realities that many face at the start of their careers. I believe the motivational mantra you shared at the beginning of this interview—to persist, remain resilient, and stay dedicated—will resonate deeply with everyone listening today.

    Now, moving on to the next question: Your career has spanned the judicial hierarchy, from the trial courts to the High Court and eventually to the Supreme Court. Could you share with us your journey through these stages? Any memorable experiences, key moments, or valuable insights you’d like to pass on from your progression through these courts?

    Yes, so I’ll tell you. During my five-year tenure in law school, I only did two internships. The first was as a judicial intern under a Supreme Court judge, and the second was in a trial court for three months. I didn’t have the chance to intern in the high court. There was a stark contrast between my experiences in the Supreme Court and the trial court.

    I really enjoyed my time at the Supreme Court, watching the stalwarts of law argue, and I learned a great deal from them. On the other hand, when I returned to the trial court, especially in West Bengal, I found it very difficult to understand what was happening. What I was reading in my books didn’t seem to align with the reality of the trial court. There wasn’t much synchronization between the two. I’ve even heard judicial officers mention that each trial court seems to have its own separate procedures, which, as a law student, was quite shocking for me to hear and witness.

    Now, that’s one side of the story. As far as the High Court and the Supreme Court go, particularly the Calcutta High Court, the standard there is exceptionally high and has been maintained over the years. Bengalis, as a community, are very academic in nature, which leads them to always engage in legal discussions and have a deep understanding of the nuances of law, both in letter and spirit.

    In my opinion, if you’re practicing in the Calcutta High Court, dealing with complex legal issues or arguing a matter in the Supreme Court becomes relatively easier because of the high standards upheld here.

    Now, coming back to the trial courts—without any offense, I have to say there are some brilliant trial court advocates in our state and across India. However, the problem is that their work often goes unrecognized because the judgments from trial courts are rarely reported. Even though they sometimes do a fantastic job, trial court lawyers don’t receive the recognition they deserve.

    That’s another side of the story. The second aspect is that a law student or candidate must decide early on which area of practice they want to pursue. For example, if someone is interested in constitutional law, then the trial court is not an option, and they must focus on building their practice in the High Court or the Supreme Court.

    On the other hand, if someone is passionate about trial court work, including examination and cross-examination, they should focus on trial courts or the original side of the High Court, where suits are filed and heard. So, it all depends on personal preference. One should first choose their area of practice and then make a decision accordingly. Also, gaining some internship experience in both trial courts and high courts is crucial to understand if they like the setup and environment because, ultimately, after graduation, they need to blend into that environment and become part of it.

    In order to make an informed decision, it’s important to get a heads-up about these things beforehand. Otherwise, one might spend three or four years practicing in the High Court only to later realize they prefer trial court work. In such cases, they could end up losing two or three years of their practical life, even though they would have gained valuable experience.

    That’s the problem. Experience-wise, they would certainly benefit, but in terms of establishing their own practice, they might lose those crucial years.

    Sir, how was your experience when you first argued, represented, or took on a matter in the Supreme Court? Could you share what it was like transitioning from the state level to the Supreme Court?

    During my internship at the Supreme Court, I had the unique opportunity to see a side of the Court that most lawyers don’t—working behind the scenes with a Supreme Court judge. This was especially insightful before the miscellaneous days, which are Mondays and Fridays. I saw firsthand how the research is done, and I gained an understanding of the level of preparation and efficiency involved when judges handle SLPs (Special Leave Petitions).

    Usually, these hearings last just a few seconds, and at that time, we had to prepare a short note outlining the legal point involved so that the judge could quickly frame his mind. Everything moves very fast, and this experience was incredibly valuable during my internship.

    The second significant experience was when I joined the bar at the High Court. At that time, the Criminal Motion Bench was headed by Justice Bagchi for a considerable period, and he was extremely fast. We had to be quick and precise in presenting ourselves, and that definitely helped me when preparing for SLP admissions as well. The way Justice Bagchi conducted motion admission hearings at the Calcutta High Court was very similar to how the Supreme Court handles SLP admissions.

    This experience proved invaluable. You must know your brief inside out because you won’t have time to fumble through papers during the hearing. Even in a heavy matter, you might only get one minute to present, and there are always super seniors in the field of law arguing.

    As a young lawyer, it’s particularly challenging to get an audience with a Supreme Court judge. You have to make an impact right away, like hitting a six on the first ball. That’s my approach to it.

    Thank you so much, sir, for sharing these insights. This discussion feels like a technical workshop with all the nuances you’re imparting. I’m certain that individuals in independent litigation practice who aspire to reach the highest levels will greatly benefit from the wealth of experience you’ve brought to this session today.

    Sir, your experience extends beyond India, encompassing both local and global perspectives. If your awe-inspiring trajectory were to be anchored in specific professional virtues, what would those virtues be? And would you be willing to share them with junior professionals?

    When it comes to professional virtues, I would highlight three key qualities. First is discipline. There is no substitute for discipline; you need to maintain a fixed routine and adhere to it. This principle applies across all fields—law, politics, Bollywood, and beyond. Successful individuals, regardless of their profession, follow a rigorous and disciplined lifestyle.

    The second quality is hard work, coupled with staying updated. Hard work is crucial, and it includes keeping abreast of developments in your field. Nowadays, we don’t wait for a Supreme Court bound volume to arrive; updates are provided through various websites and legal articles. Supreme Court decisions are reported within the same day. Embracing technology and staying informed is essential; otherwise, you risk being outpaced by your opponents if you aren’t up-to-date.

    The third quality is the ability to build good public relations skills. In the legal field, especially as a lawyer, connecting with people socially is vital. Initially, clients may come through your relatives, friends, or referrals from teachers. Your network grows over time through these connections. Just as in medicine, where a patient’s choice of doctor is influenced by reputation and referrals, the same holds true for law. Effective social skills help in client acquisition, which in turn drives your success.

    To summarize, discipline, hard work, and strong interpersonal skills are interconnected. Discipline ensures you stick to your routine, even on slow days. Hard work involves both effort and staying updated. Building social connections helps in gaining clients, which requires continued hard work. Each quality supports and enhances the others, creating a successful professional path.

    Given that you have continually upskilled yourself through various courses and degrees, and considering the current legal landscape with its transformative changes across sectors, what are your thoughts on the legal and technological upskilling of lawyers? How should they adapt to these changes, and how significant is this process within the legal profession?

    Regarding the integration of technology into the legal field, I believe it is no longer a choice but a necessity. Whether we like it or not, we have to adapt.

    For instance, I recently visited the Supreme Court, which has nearly gone completely paperless. In contrast, the Calcutta High Court still relies heavily on paper and bulky briefs. During my recent appearance at the Supreme Court, my advocate on record provided me with a digital copy of the SLP. Even though I have a tablet and a MacBook, I am accustomed to holding a physical brief. Nonetheless, I tried to go paperless and use the digital copy.

    It’s a matter of habit; initially, it was a bit challenging. I can only imagine the difficulties faced by senior members of the bar, who have been trained to handle physical books and documents. Personally, I still prefer having an SCC (Supreme Court Cases) in hand rather than reading judgments on a screen. It may be easier on the eyes, but we must embrace technology.

    Furthermore, technology helps us stay updated. Without it, we would miss out on current developments. For a lawyer to grow and evolve, accepting technology is essential.

    During the COVID-19 pandemic, courts adopted a hybrid model of physical and virtual hearings. After the pandemic, some high courts moved away from this model, but the Supreme Court mandated that hybrid hearings continue. This has been beneficial, though there is still some resistance to accepting virtual appearances. However, technology allows lawyers who are unwell or cannot afford junior lawyers to participate virtually and seek adjournments without harming their clients.

    Technology has also improved court processes. Orders are now uploaded to the high court servers and e-courts, eliminating the need for certified copies. Additionally, we can now view which cases are being heard in which courtrooms via our phones, which was not possible in the past. This advancement saves time and effort compared to earlier practices where one had to physically check courtrooms or rely on clerks.

    Another significant benefit of virtual hearings is that clients can observe their representation and proceedings. This transparency helps address issues where clients have been misled about hiring senior advocates or other concerns. Clients can now view hearings and understand the proceedings better.

    In summary, technology is crucial in the legal field today, and there is no way to proceed without it in the current age.

    Sir, what is the constant drive or motivating force that sustains you in your profession? Is there a particular philosophy or mantra that you believe in?

    I have been quite inspired by the story of Mr. Ram Jethmalani. He has been a guiding force for me. During my internship days, I saw him argue a case in the Supreme Court on the principles of bail, and I was awestruck by his aura. After that, I read about him—his struggles and his journey as a lawyer—and I was fascinated by how he transformed himself.

    Outside the realm of law, I would also say I have been inspired by the journey of Mr. Shah Rukh Khan. He has been a role model for me, not just as an actor but as a personality as well. His journey is incredible. These people have had a profound impact on my journey as a lawyer. They have motivated me, especially when I see how they faced failures and bounced back.

    If you look at the trajectory of any successful person, they go through ups and downs. Even Mr. Amitabh Bachchan, the legend of Bollywood, experienced highs and lows, and his transformation later in life is remarkable. Figures like these—successful individuals in their respective fields—should serve as a motivation for others. Whether it’s sports, Bollywood, film, politics, or the legal field, their journeys and the challenges they faced can guide and inspire aspiring individuals.

    Their stories have been a tremendous source of inspiration for me and have helped me in my own journey.

    On that note, sir, a demanding profession like law can certainly take a toll on mental health. How do you manage the pressure of work while maintaining your personal space? Are there any hobbies, interests, or general routines you follow to strike a balance that you’d like to share?

    Yes, law is very taxing. It is extremely demanding on our mental health as well, because it takes at least 14 to 15 hours of our daily life. Apart from that, you need time for your daily activities—sleep, rest, and spending time with your family. Unfortunately, if you’re in the field of law, especially as a litigating lawyer, you don’t get much time with your family. That is one of the hardest parts. You don’t get time to hang out with friends either.

    Initially, you might, but as you become busier, the profession consumes a lot of your time, so you won’t be able to do that. Sometimes it becomes overwhelming. You might feel like taking an evening off to watch a movie or go out with friends or family, but then you remember you have cases the next day and need to study. You’re forced to study, and it can become very difficult and, at times, even depressing. I wouldn’t say it doesn’t. That’s one aspect—if you’re busy.

    The other aspect is if you don’t have work, which many lawyers experienced during COVID. The pandemic was a huge eye-opener for everybody. Most courts weren’t functioning properly at first, though they eventually moved to a hybrid model and virtual hearings. But initially, it wasn’t like that.

    So, for almost two years, many lawyers didn’t have work. At that time, it was very depressing and mentally challenging for lawyers to sustain themselves and take care of their families. Our profession is already very uncertain. I might have a very busy week now, and the next week, I could be completely without work.

    During that free time, how you channel your thoughts is very important. It takes a huge mental toll on every serious lawyer because the insecurity looms large. As for me, I used to enjoy reading as a hobby. But after joining litigation, the profession has taken that hobby away from me. Now, in my free time, I hardly read books because I’m already reading so much during the day. So instead, I’ve taken to watching a lot of content on OTT platforms, which I enjoy.

    Another principle I’ve maintained during my 10 years of practice is not going to court during the vacations. Many people work through the vacations, but I’ve made it a point not to work during the three vacations we have in Calcutta. For the good part of that time, I spend it with my family.

    I love traveling a lot, so whenever I get the opportunity, I leave the city and go somewhere to spend some time. Traveling helps keep me refreshed. We have such an amazing country with so much to offer, and I love exploring the length and breadth of it. So, that’s how I unwind.

    Since you’ve been involved in various editorial and pedagogical activities, where you’ve interacted with both students and practitioners, how do you think this involvement has enhanced your legal acumen and expertise? Additionally, how much do you enjoy these activities alongside your primary role in litigation?

    Yes, actually, I would say it is very helpful, even for the growth of an individual as a lawyer. Let me share an anecdote: during my early years of practice, and even more recently during the COVID period, I used to mentor some law students, including my interns. Apart from them interning with me, I would teach them about the practical aspects of the legal field and different statutes that aren’t covered in their syllabus.

    I also gave them basic insights into how cases are filed, conducted, and so on. In addition, I was involved in editing journals for CHN at one point in time. This experience was helpful in two main ways. Firstly, for the purpose of editing, I had to go through judgments passed by various courts. In the process of reading those judgments, I was constantly updating myself as a lawyer.

    Secondly, reading judgments for editing purposes allowed me to cover a lot of material in a short span of time. This not only increased my reading speed but also improved my ability to quickly identify the key portions of a judgment.

    Thirdly, dealing with different aspects of law—whether with law students or fellow lawyers—helped me revise what I had learned earlier, either during law school or later in practice. For example, while I may have studied the Domestic Violence Act or the Negotiable Instruments Act thoroughly during my college days, in practice, we mostly focus on a few sections like Sections 138 to 143, 143A of the NI Act. However, when discussing the entire statute with a student or fellow lawyer, it forces you to revisit and refresh your knowledge of the full text.

    In a way, by teaching others, you’re also learning and revising. This helps to reinforce your understanding of the law and ensures you don’t forget important sections. So, it definitely aids in personal growth and keeps you sharp as a lawyer.

    Thank you, sir. As a concluding note, could you please share your long-term plans, particularly in light of your impressive involvement with various professional legal groups and associations? What are your long-term goals?

    This is a very difficult question for me to answer. In terms of long-term plans, as an individual, I aim to advocate for the cause of law to a certain extent. I also plan to author a few books in the field of law, which I will likely begin working on soon. These books will offer a more practical insight into certain aspects of law, focusing on topics that I choose. The goal is for these books to be beneficial not only for law students but also for legal practitioners.

    There are numerous books on various legal topics available in the market, but I’ve observed that some of them exist just for the sake of being there. They don’t provide a proper or meaningful insight into the areas of law they cover. That’s one side of it. On the other hand, I have a long-term plan to establish a legal institute that imparts practical legal training to students.

    When or how this institute will materialize, I can’t say. It may never happen, or it could happen in the near future, but I believe it’s very important. Many people who enter law school are not from legal backgrounds, and the five years of legal education often don’t provide sufficient practical knowledge. That’s my perspective on that.

    Additionally, many law colleges today focus on ensuring students complete a set number of internships, but it doesn’t necessarily mean that students are learning anything valuable during those internships. It has become more of a target-oriented task—complete the internship, get the certificate, and move on.

    However, in reality, interns who come to courts or law offices aren’t truly learning much. I regularly have interns at my law office, and it’s a practice in my office to interact with them after a week or so. I make sure to ask for their feedback on their previous internships—whether it was in someone else’s chamber or a law firm—and also about what they have learned while working with me. If they come here, they should leave with something productive that will help them in their careers.

    These are the aspects I want to focus on as part of my long-term plans in the field of law. So, let’s see where this journey takes me.

    A very big thanks from the entire team of SuperLawyer. Thank you so much. 

    Thank you, Akash, for having me. It was truly a pleasure to discuss various aspects of our day-to-day professional lives and to share a glimpse into how I maintain balance in my personal life as well. I’m confident that young lawyers will find value in this, as it will help them gain a better understanding of the practical realities in the legal field. Thank you once again for having me.

    Get in touch with Pinak Mitra-

  • “In the process of litigation you may lose some small battles, but the idea is to win the war and not every single individual battle” – Avinash Amarnath, Partner at Chandhiok & Mahajan

    “In the process of litigation you may lose some small battles, but the idea is to win the war and not every single individual battle” – Avinash Amarnath, Partner at Chandhiok & Mahajan

    This interview has been published by Namrata Singh and The SuperLawyer Team

    A very warm welcome to everyone! The SuperLawyers team is back with another enriching and informative session. Today, we are thrilled to introduce our guest, Mr. Avinash B. Amarnath. Thank you so much for accepting our invitation. Avinash sir is currently a Partner in the Competition and Disputes team at Chandhiok & Mahajan Advocates and Solicitors. He leads the firm’s Hyderabad office and South India disputes practice, specializing in advising clients on complex competition law and dispute matters.

    A very warm welcome from the entire SuperLawyers team.

    Thank you. It’s a pleasure to be here.

    Sir, after a decade of commendable excellence in the legal profession, could you share with us why you chose law? Was it a calling, or a conscious decision from the start?

    For me, law has always been part of the family. My father is a practicing lawyer, and my mother, though not a practicing lawyer, is a law graduate. However, law was never imposed on me—I had the freedom to choose. I would say it was a conscious decision. Honestly, I chose law almost by a process of elimination. I didn’t want to pursue science, and I had a choice between commerce and law. Law seemed intriguing, especially because I had an interest in humanities during school. I felt that studying law would allow me to explore subjects like political science, which is why I chose it.

    That was concise and insightful. Moving on, you’ve been working in the corporate sector for years now. What keeps you going in this environment? Do you have any particular routine or professional discipline that you follow?

    So, I think the first thing I would say is that the routine that works for me may not work for everyone. My first piece of general advice is that everyone has to find their own routine. However, a few tips I’ve noticed that generally help include sleeping early, waking up early, and avoiding screen time.

    You’ll find that you actually have a lot more time in the day than you think, especially if you follow these guidelines. It’s also very important, particularly in this stressful corporate culture, to prioritize your family and yourself.

    One of the best pieces of advice I received as a young lawyer was from someone who used to run a law firm. This advice has stuck with me for a long time, and I try to follow it: no matter how much work you have or how tight the deadlines, always dedicate three to four hours to the following things:

    1. Spending time with your family.
    2. Engaging in physical exercise.
    3. Pursuing any personal hobbies.

    Guard this time scrupulously and strictly. This is what I try to follow to maintain discipline. Of course, the most important thing in this is that, the corporate culture demands flexibility.

    So, while this is a routine, it often gets broken, and you have to be innovative. For example, I travel a lot, and when I do, some of this strict routine gets disrupted. But you have to be innovative and find alternatives.

    If I’ve been traveling too much, I make sure to completely reserve that weekend for my family. Even when I’m traveling, I try to fit in quick 10 to 15-minute exercises in the morning. This is something I’ve realized over time. It took me 10 years to figure out this routine, so it will take time. As I mentioned at the beginning, this works for me; it may not work for someone else. The idea is to find your own routine and what makes you tick.

    Thank you, sir. I’m sure we all recognize the importance of limiting screen time and balancing various aspects of life, especially in such a high-pressure environment. This wisdom is particularly valuable for those of us just starting out. Let’s move on to our next question: Dispute resolution involves a lot of strategizing and planning. How did you develop your flair in this area, and how much do you enjoy it?

    Absolutely. I was fortunate to have very good mentors and guides when I started in the profession. The most important thing in litigation, especially in strategizing and planning, is paying attention to detail. One of the first things I was told very early on is to read the entire file—whatever it is, even if it’s a small transfer petition matter.

    Even if the matter is just getting adjourned, I was still told to read the file as thoroughly as possible, front to back. This habit, ingrained in me from the beginning, made me realize that sometimes, the more you read and reread, new things come to light that you wouldn’t have noticed before.

    This attention to detail really helps in planning and strategizing. When a client first approaches you, they provide a broad perspective, often their own, which may not be reflected in the documents. So limiting yourself to just what the client says isn’t sufficient. You need to verify their perspective by examining the documents. As I mentioned, the devil is in the details.

    This practice slowly developed my flair for this work. The more I read, the more confident I became with the case, and the better I could strategize. It’s a process of evolution, right? As a young lawyer, your role is often limited to knowing the facts well. If you have a strategy, great, but usually, you’re expected to have a solid understanding of the facts, along with thorough legal research.

    As you grow older in the profession, you start engaging in actual strategizing. It’s like a game of chess—you make a move and see how it plays out. Sometimes it works, sometimes it doesn’t. When it doesn’t, you go back, regroup, and try a new move. It’s a constant game of chess, and I enjoy that.

    Strategizing and planning, especially in litigation, is like sports. It’s not always going to be a perfect victory on the first try. There will be setbacks, but what’s important is to focus on the long-term goal—for both the client and yourself—and work towards that in the best way possible. You may lose some small battles, but the idea is to win the war, not every single battle. That’s how I approach and enjoy it.

    You have been involved in a lot of high-profile cases. That has received media attention. And we all know how media attention can turn both ways. It can celebrate you one day. It can suddenly criticize you unnecessarily the other day. How do you keep calm in these specific high-profile matters where really high stakes are involved?

    I think I’ve been a bit fortunate because I haven’t had to face intense media pressure directly. However, there were instances where difficult questions were asked, and I received calls from media houses seeking comments on a very contentious case. In such situations, we were strictly instructed by the client not to make any comments.

    Generally, in cases, I always try to focus solely on the case itself and block out any external noise, as I call it—whatever is happening outside. I believe that in high-profile cases, it’s even more important to understand that your role is limited to being a lawyer in that case and not to worry about the repercussions or consequences. Your job is to provide the best strategy, whether it’s a defense or prosecution, and offer the best advice to your client. The outcome is not in your hands, nor is what people make of it or think about it. You have to let it go. In one word, you need to develop a thick skin and ignore what the media is saying.

    Moving on to the next question, your academic excellence at King’s College is truly commendable. As someone who has studied both in India and abroad, how was your law school experience different there compared to India?

    I should start by saying that my law school experience was 10 years ago, so I’m sure things have changed in India since then. However, back then, my experience in India was that law education was still heavily focused on rote learning and less on application. When I studied abroad, that was the biggest difference I noticed.

    The way classes were conducted there was different. Typically, in India, you come to class, open the book, and learn the concept then and there. But there, the structure was different—you were given a set of reading material before class, and you were expected to read it on your own. This might also be because it was a master’s course, so there was an assumption that most people already had a basic understanding of the law. Still, I really liked that system. You do your reading at home, and when you come to class, you’re taking the discussion to the next level. You’re applying the knowledge you’ve already gained to difficult questions or discussing specific, controversial, or complex topics in more detail.

    Even the exams were different. The questions were mostly problem-based, requiring you to apply what you’ve learned and provide solutions, rather than just reproducing information. This was a significant difference for me. Another major difference was the encouragement from the faculty to have and express opinions. They would encourage students to form their own opinions and make it clear that there is no right or wrong answer, as long as you can back it up with solid logic. They might challenge your logic if they disagreed, but if you could defend your position, they respected that. This openness and application-based learning were aspects I truly enjoyed at King’s College.

    That was very interesting. I’m sure law schools in India are also starting to embrace these changes, though we still have a long way to go in fully adopting application-based learning. How did this experience shape your legal perceptions once you returned to India and began practicing?

    To be honest, it was partly that education, but also working with some lawyers here who were educated abroad, that really changed my entire perspective on law.

    In most subjects in India, let me take law or even medicine as an example—you’re often considered a good doctor if you can quickly prescribe the right treatment. Similarly, the expectation for lawyers in India is that you should know every section and answer legal problems on the spot, complete with section numbers and details. However, I realized that’s not what practicing law is really about, nor is it what makes a good lawyer.

    It’s impractical for a lawyer to know every single law by heart, especially given the vast range of knowledge required. What’s important, and what changed my perspective, is knowing how to read and interpret the law. When presented with a problem, you should be able to identify the relevant subject, pick up the relevant law—perhaps one you’ve never read before—and immediately apply yourself to it. You should be able to analyze the law and argue points based on the definitions and sections. The focus should not be on merely retaining knowledge, but on how to use that knowledge effectively and strategize.

    So, in that sense, my approach to practicing law changed completely. I no longer stress about remembering every detail; instead, I focus on how to strategize and apply the knowledge that’s available in front of me.

    How to read the law is such an application-based concept, which we should all imbibe no matter whether or not our colleges and our educational setups are telling that. We can definitely make it a practice. Thank you so much, sir.

    Talking on these lines, sir, how do you balance this personal life with professional commitments, any hobbies or any passion, or interests, that keeps you lively?

    As I mentioned earlier, I think it’s important to revisit the discipline points we discussed because maintaining those habits helps me balance professional and personal life. I want to touch on hobbies, but something else just came to mind. When you’re at work and you get a call from home, you might answer, but usually, even if you do, you say, “I’ll call you back, I’m at work.” I believe the key is to give that same level of importance when you’re at home, spending time with family, or doing something personal. There will be emergencies, and sometimes you genuinely need to take a call and work, and I completely understand that. However, more often than not, if someone calls you, even if it’s from work or a client, you can tell them, “I’ll call you back.” It’s important to give the same respect to your personal time as you do to your work time. If someone calls you while you’re with your family, it’s okay to tell them, “I’ll call you back in a bit.”

    Now, regarding hobbies, I’ve always been a sports fan, particularly passionate about cricket, especially test cricket. When I’m not working, I’m usually either following cricket, trying to play wherever I can, or discussing it with everyone I know. One of the things I love about sports is how it parallels what we do as lawyers, especially in court. It’s like a game of chess, similar to sports where you constantly see strategies and counter-strategies. I find that very appealing, so I try to follow and play sports as much as possible.

    Moving on, how would you compare the corporate work culture in law firms versus the litigation culture in chambers? If you had to choose between the two, which would you prefer based on your experience? Could you elaborate on that?

    Sure. Both have their pros and cons, and I’ll explain my preference based on my personal reasons. I found litigation chamber work more appealing, but I think the ideal scenario is to combine the best aspects of both, which I see happening, especially in our firm.

    In corporate work culture, one of the pros is that you are more directly in touch with the client, which gives you a very different understanding. In corporate and commercial law, there’s a legal position and a commercial reality. For a client, especially a company or a business, the end goal is that commercial reality—whether they’re trying to make or save money or achieve some other goal. The legal position may not always support that goal, so the challenge is to find an alternative or a middle path that satisfies that goal while staying within the confines of the law. In pure litigation chambers, responses can be more black-and-white: “This can be done, this cannot be done.” But in a corporate law firm, you develop the art of finding solutions, saying, “This strictly cannot be done, but we can explore this alternative.” That’s crucial as a commercial lawyer—you have to be solution-oriented, not just give yes or no answers.

    Another advantage of law firms is that you get more time to work on a particular case. In litigation chambers, files often come to you the day before a hearing, leaving you little time to fully understand the case. In a law firm, you might work on the same case for two to three months, allowing you to interact with the client, get all the necessary clarifications, and build a strong strategy.

    On the downside, one con of law firms, and this varies, is that sometimes there’s too much focus on presentation—form over substance. A document might look very polished, but if the substance isn’t strong, it shouldn’t pass the test. Another con is the lack of court time—you don’t get to go to court every day, maybe once a week or a few times a month.

    In litigation chambers, the focus is primarily on the substance because you don’t have time to worry about presentation. The emphasis is on points of law, developing legal arguments, and finding and interpreting judgments. In a litigation chamber, you’re expected to read judgments thoroughly, knowing both the points that favor you and those that don’t. Plus, being in court every day is a significant advantage.

    However, a con of litigation chambers is the lack of time to fully apply yourself to a file, as you would in a law firm.

    At Chandhiok & Mahajan, especially within the disputes team, we’re trying to combine the best of both worlds. We don’t just recommend briefing senior counsel for every matter; we’re happy to argue cases ourselves, which gives us the litigation chamber experience while also benefiting from the client interaction typical of a law firm. We try to push for this as much as possible, although it’s ultimately the client’s preference.

    So, to sum up my long-winded answer, I would say that combining the best of both worlds would be my ideal scenario.

    Thank you, sir. Talking about work and everything, first of all, since you have been involved with dispute resolution and you so beautifully summarize the entire strategizing process as a game of chess, how do you think the new ADR mechanisms, such as the mediation bill, will impact India’s ADR structure in the coming years?

    I think we’ve all realized that with arbitration, certain mistakes were made as a system, which is why it hasn’t worked the way people had hoped. The main issues were delays and court interference. If we don’t repeat those mistakes with mediation, I believe it could be very effective—perhaps even more so than arbitration. The reason is that mediation is fundamentally based on the consent of the parties. In arbitration, you consent to having a decision made by someone outside the court, but in mediation, you consent to the substance of the settlement itself. This significantly reduces the scope for court interference.

    I think we’ve got a great opportunity now, and rightly so, the government is pushing mediation as a preferred form of ADR. However, we must be cautious and learn from our past mistakes. Firstly, we need to minimize court interference. Secondly, it all comes down to the will of the parties involved. Sometimes, as litigation lawyers, we see ADR as just another method to delay things. Everyone might agree to mediation, but they might not take it seriously. The mindset often is, “Okay, it will go into mediation and take another six months.” If that’s the approach, it won’t work.

    So, perhaps some level of court interference could help. Currently, once a case enters mediation, courts are very hands-off, and extensions are given when requested. I think courts should perhaps ask for interim reports on how the mediation is progressing. If the court feels it’s not working out, it might be better to pull out of mediation rather than prolong an unnecessary process.

    I genuinely hope mediation works, but it will come down to addressing these challenges and the will of the parties involved.

    Understood, sir. You’ve highlighted several important aspects, and it’s crucial to exercise caution as we move forward with the mediation bill and act, as you mentioned, to avoid repeating the same mistakes and to hope for a better structure. Sir, this next question is from young lawyers and law aspirants who are in the early stages of their careers. As someone who has emphasized the importance of strategizing, what advice would you give to those who are struggling to find a strategy in the initial phase of their legal careers?

    I would say, keep it simple. Sometimes, people tend to project law as more complicated than it really is. So the first thing I would say is, don’t worry—it’s not rocket science. I often tell my colleagues that people who work in science and innovation require a much more complex skill set. Law, at its core, is a social science; it’s human-related.

    One of the key aspects to understand is that it’s a lot about psychological insight, especially for litigation lawyers. Of course, you need to know the substance of your matter, but it’s equally important to understand who you’re talking to and where they are coming from—not just the judge, but also your client. This is something we focus on extensively in our sessions. One of the most important things to remember is that the client is ultimately a human being with certain considerations. Understanding what the client wants and the pressures they are under can make things a lot easier.

    The only other piece of advice I would offer is that young lawyers today are much more aware of their rights, which is a very good thing. They demand work-life balance, recognizing it as a right rather than a luxury, and they are comfortable with technology, which makes them efficient. However, I would advise them to occasionally go back to being old school. With technology, you might miss out on important details, and those details are crucial. So, use technology to your advantage, but don’t forget the importance of manually double-checking and thoroughly reading every document. It’s sometimes good to be old-fashioned in this regard.

    If you’re feeling confused about your career path, I’d say there are many opportunities in law now, so don’t be afraid to try different things. Coming out of law school, it’s impossible to be clear about what you want to do because you don’t get enough exposure. Internships can help, but they don’t provide the full picture. So, try out different things—corporate law, litigation, clerking, media reporting—everything. Don’t think it’s too late to make changes. There’s plenty of time to find your niche.

    Sir, the way you’ve elaborated on this point, particularly the notion that coming out of law school doesn’t always equip you with the decision-making skills needed to know exactly what you want to do, is a relief to many of us who are just starting out in our careers. We also appreciate the emphasis you’ve placed on planning and the balance you’ve achieved at your firm. So, what are your long-term plans in terms of your personal trajectory in this profession, as well as your plans for your firm?

    I was working in Delhi until two years ago, and most of my career has been based there. For both professional and personal reasons, I saw a unique opportunity to come to Hyderabad and set up an office. I believe Hyderabad has a lot of untapped potential, and the proposition we’re building here is unique. We’re aiming to run an entire South India disputes practice out of Hyderabad.

    We faced several challenges initially, especially when virtual hearings weren’t common, as travel could be quite a problem. But thanks to the initiatives taken by the current Chief Justice of India, high courts are now hybrid, which really helps us manage matters. For district courts, we sometimes have to rely on local counsel, but overall, it’s a very unique proposition, and I’m enjoying the roles we’re building here.

    My immediate goal is to continue developing this practice into what we envisioned—a comprehensive South India disputes practice. In the long term, I plan to continue in litigation, with a particular focus on competition law. I don’t see myself leaving competition law, as it’s a specialization I consciously chose early in my career. Eventually, I hope to argue more matters in court and continue doing interesting work.

    Your insights have been amazing today. Once again, thank you so much from the entire team of LawSikho and SuperLawyers. We are sure that with the wealth of practical experience and tips, which you have given us today, we have benefited all the young ones.

    Thank you.

    Get in touch with Avinash Amarnath-

  • “Watching a junior become the lawyer they were meant to be is a wonderful feeling, we should recognize hard work without glorifying overtime” – Pallavi Bhogle, Partner at Huilgol Law Chambers

    “Watching a junior become the lawyer they were meant to be is a wonderful feeling, we should recognize hard work without glorifying overtime” – Pallavi Bhogle, Partner at Huilgol Law Chambers

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Was pursuing law an inner calling for you, or did someone or something inspire you to choose this path? Please walk us through your journey to becoming a legal professional.   

    I have my mother to thank for me becoming a lawyer… but not in the way you are probably imagining. I was your typical college student, very sure of what I did not want to do; but not very sure what I wanted to do. 

    My mother is a Professor of Psychology and one of her areas of specialization is in career counselling. I turned to her for advice and learnt that I was best suited for a career in either law or journalism. While I enjoy writing as well, law particularly appealed to me. 

    Perhaps it was my love for mystery novels and crime-solving that drew me to law. At that time, problem-solving and law seemed intrinsically linked in my head. While I have since learnt that law is far more nuanced, the intricacies of it have only made it more interesting for me. Now, I cannot imagine doing anything else.

    Your college notes have been a legacy for future batches at University Law College. How do you feel about this, and what impact do you think it had on the students who used them?  

    I had no clue that my notes would get distributed the way they did! When I first prepared them, they were a means of studying for my law exams. It was the practice in college for seniors to hand down their notes to their juniors. Like many other, I did as well. I thought the story ended there.

    It was only a couple of years later, when unknown students started contacting me and thanking me for my notes, that I realized that they were still in circulation and had taken on a life of their own. It’s still a bit of a shock to be recognized for my notes. The most memorable time was when we had recruited a new associate in my previous firm and he was being introduced to the team. I was about three years into the profession at that time. On being introduced to me, he went “So, you’re Pallavi Bhogle who wrote all the notes? I thought Pallavi Bhogle was some old lady…..” 

    Other than being mistaken for an old lady, I will admit that I derive deep satisfaction from knowing that a lot of people benefitted from my notes. As the law keeps evolving, my notes may not retain their relevance for much longer, but until then I hope that they make exams a little more bearable for future lawyers. 

    Huilgol Law Chambers has been making a significant impact under your leadership. Can you elaborate on the major practice areas your firm focuses on and how you are helping to develop and support the next generation of legal professionals within your firm?  

    My partner, Sandeep Huilgol, who heads the litigation and tax practice in the firm is the true ‘captain of the ship’. He founded Huilgol Law Chambers in 2019 and laid the foundation stones for a successful practice. Sandeep provides litigation and advisory services in diverse practice areas, especially in taxation proceedings. He has also addressed numerous training programs on the Insolvency and Bankruptcy Code and has authored articles on taxation issues that have been published in tax journals.

    I joined Huilgol Law Chambers in 2022 to head the corporate and commercial law practice of the firm. I advise on general corporate agreements, private equity and venture capital investments, joint ventures, mergers and acquisitions, legal structuring and labour matters. I particularly enjoy mentoring start-ups. There is a joy in seeing something grow from an idea to a business.

    It is similar to the next generation of legal professionals. Watching a junior become the lawyer he or she was meant to be and knowing that you have played a small part in their journey, is a wonderful feeling. I enjoy mentoring and hope one day to find the time to teach as well. Being a mentor is a huge responsibility. Your mentor, especially your first boss, plays a big role in defining who you are as a lawyer. The way you think, the way you approach any deal, and even the way you interact with a client are all influenced by the person who mentors you. I am very conscious of this fact and actively remind myself of this every time I mentor any law student.

    What motivated you to co-found Huilgol Law Chambers, and how has leading the corporate and commercial law practice been different from your previous roles?  

    There comes a time in every professional’s life when the only way to grow is to push yourself out of your comfort zone and take a risk. Co-founding Huilgol Law Chambers was the biggest leap of faith I have taken, in my professional life. I can truly say, there has not been a single day so far that I have regretted putting faith in my ability. 

    My previous roles prepared me well for this position and I had no difficulty in handling the clients and doing the legal work. The biggest learning experience was in handling a firm. Like a start-up, in the beginning, you have to wear every hat. I had to learn to handle the accounts, the administrative work, the staff and the everyday issues that crop up when you have your own business. It gave me an insight into what start-up promoters experience and reinforced my desire to help them and at least take the legal work off their plate. 

    You emphasize maintaining a healthy work-life balance. How do you manage to balance your demanding career with personal time, and what advice would you give to young legal professionals in this regard?  

    “Unfortunately, the legal industry isn’t naturally conducive to a work-life balance, so making that choice can feel like a compromise, especially early in your career. In India, unlike some of our colleagues overseas, lawyers are expected to work long hours and be available 24/7. The consequence of not prioritizing work often means missing out on promotions or pay raises. It’s a culture that I strongly believe needs to change—and we can change it! We should recognize hard work and dedication without glorifying overtime.

    For me, achieving a balance has been possible due to the flexibility I have in managing my work schedule, coupled with incredible support from my family and colleagues. However, this balance is a recent development; I, too, spent years compromising on sleep and missing family events due to deadlines. It took time to learn how to work smart, prioritize, and eliminate unnecessary stress.

    To young professionals, I would offer the same advice that was given to me: communicate. Speak with your law partners and clients about timelines, and set realistic goals. Once everyone understands the timeline for deliverables, you can plan your days and make room for personal time as well.

    Can you discuss a particularly challenging case or transaction you’ve worked on, such as the acquisition of Funtoot by Reliance Industries Limited’s (RIL) subsidiary Embibe, and what unique insights you gained from it?  

    The Funtoot transaction is particularly memorable for me. Our client, Edreams Edusoft Private Limited, popularly known by its brand name Funtoot, was being acquired by its rival ‘Embibe’. Embibe had, at that time, recently become a subsidiary of Reliance. Being in the same business sector, and rivals no less, our client was extremely (and understandably) hesitant to disclose some of its more confidential information, as there was always the risk that the acquisition may fall through. This made the negotiation for us all that harder! 

    This transaction underscored my belief that for a transaction to be successful, there needs to be trust between all persons involved. The Funtoot transaction finally closed because the parties explained their concerns to their lawyers and trusted us to look out for their interest in the investment documents. As lawyers, we need to envision the worst-case scenario and protect from that. As parties, you need to envision the future and work towards that. 

    You regularly mentor start-up companies and their founders. What are some common legal challenges start-ups face, and how do you help them navigate these issues?  

    Start-ups often overlook the legal compliances that every company must adhere to, as their promoters are (understandably!) more focused on building their business. As a result, essential legal requirements, such as proper employment agreements or safeguarding confidential information, may be neglected.

    A core area of my practice involves acting as the legal department for start-ups, helping them establish the contracts and policies necessary to operate smoothly. We create templates for the day-to-day agreements they’ll need and educate their teams on the importance of these practices. When start-ups receive contracts from other parties, they often pass them on to us for review. Our role is to ensure that no burdensome obligations are inadvertently accepted, while still protecting the start-up’s rights and maintaining positive business relationships with their counterparts.

    You have pursued various diplomas and courses in different legal areas. How important do you think continuous learning is for legal professionals, and what areas do you think they should focus on in the future?  

    Continuous learning is essential for every professional, regardless of their field. There’s no doubt that knowledge gives you an edge in your career. However, I must admit that reading about the same subject day in and day out can become monotonous. This is why, alongside studying subjects directly related to my specialization, I pursued diplomas in other legal areas as well. Currently, I hold diplomas in IP law, media law, and cyber law.

    There are so many fascinating fields within the law, each offering vast learning opportunities. Even though corporate law is my primary focus, my knowledge of other areas allows me to provide more comprehensive advice to clients and tailor contracts to better suit their business needs.

    Having worked on numerous private equity investments, what are some of the most unique or unexpected challenges you’ve encountered, and how did you overcome them?  

    I have had the benefit of working on both sides of the table in private equity investment and this has helped me understand what each party considers critical or a ‘deal breaker’ for them. You would be surprised to see how this can change in every investment! Understanding your client’s motivation for the transaction is crucial. Once you understand this you will know where to push back to protect your client and where to compromise.

    Having to compromise on certain clauses and explaining to your client the necessity of doing so can be particularly challenging. A contract that will stand the test of time is fair to both parties. This necessarily means that you would need to compromise on some of your asks in the agreement. 

    For me, taking the time to understand your client’s point of view and building trust with them is extremely important for you to be a successful lawyer. 

    In your experience, what are the most critical aspects of corporate governance and ethics that companies often overlook, and how do you ensure that your clients adhere to these principles?  

    Companies often forget that they are what they are, because of their employees. Employee agreements and employee handbooks are quite often a low priority for companies. Something to put in place to satisfy a condition precedent or condition subsequent in an investment document. 

    An employee can so easily make or break a company, and it is important to have a document clearly defining the relationship between a company and its employees. This protects both the employee and the company.

    This is one area I try to regularize in all clients, especially my start-up clients. I find that when I give my clients a clear roadmap and put in place an onboarding and offboarding policy for their employees, it reduces the labour issues they face. The employees also have a clear picture of what benefits they can expect from the company and recourse if they do not receive what is promised to them. 

    Get in touch with Pallavi Bhogle-

  • “The ongoing appeal is a testament to the complexities and nuances involved in IP litigation and underscores the importance of jurisdictional clarity in legal proceedings.” – Shruhita Amit, Joint Partner at Photon Legal

    “The ongoing appeal is a testament to the complexities and nuances involved in IP litigation and underscores the importance of jurisdictional clarity in legal proceedings.” – Shruhita Amit, Joint Partner at Photon Legal

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you share what inspired you to pursue a career in law and how you embarked on this journey?

    Growing up, I always had a keen interest in understanding the intricacies of systems, whether economic, social, or legal. However, after completing my Economics Honors degree, I was still determining my next steps and decided to take the Delhi University LLB exam. The decision to sit for the Delhi University LLB exam was initially driven by practical considerations; law seemed like a vocational course with promising career prospects.

    However, as I delved into my law studies, I developed a keen interest in commercial laws, particularly in the area of Intellectual Property (IP). This interest was sparked during internships at leading IP firms, where I witnessed the importance of trademarks and other IP elements in protecting business identities and innovations. My enthusiasm for law translated into academic success; I consistently ranked among the top 5% of my batch, which comprised around 800 students. My dedication led to an opportunity with Anand & Anand, a prestigious IP firm, which marked the beginning of my professional journey in law. What started as a pragmatic decision evolved into a fulfilling career focused on the intricate and impactful field of IP law.

    You’ve managed high-stakes litigation for leading companies. Can you describe one of the most challenging cases you’ve handled and the key takeaways from that experience?  

    In my career, I’ve been involved in several trademark litigations, successfully enforcing rights related to brand names, logos, trade dresses, copyrights, and other similar IP rights. One of the most challenging cases I’m currently handling is an ongoing appeal at the Delhi High Court in a patent matter. The dispute centers around the appropriate jurisdiction for filing an appeal against a refusal order issued by the Delhi Patent Office, despite the patent application being initially filed in Mumbai. We contend that the Delhi High Court should have jurisdiction since the refusal order was passed in Delhi.

    The case took a complex turn when a single judge bench at the Delhi High Court declared the appeal non-maintainable. We have now escalated the matter to a division bench, seeking a reconsideration of the jurisdictional issue. This case is particularly intriguing as it could set a precedent for similar jurisdictional disputes in IP law. The outcome will significantly impact the strategic considerations for patent litigation in India. The ongoing appeal is a testament to the complexities and nuances involved in IP litigation and underscores the importance of jurisdictional clarity in legal proceedings. [FILO EDTECH INC. Vs UNION OF INDIA LPA 375/2024]

    As an expert in Intellectual Property Law, what do you consider the most critical elements when managing trademark prosecution and litigation?

    In managing trademark prosecution and litigation, I find that the most critical elements revolve around preparation, strategy, and adaptability. First and foremost, comprehensive research is key. Before filing a trademark, it’s crucial to conduct thorough searches to ensure the mark is distinctive and doesn’t infringe on existing rights. This groundwork helps avoid potential conflicts and sets a solid foundation for the trademark’s protection.

    Another important aspect is strategic planning. Anticipating challenges whether, during the prosecution phase or in potential litigation, allows us to develop a proactive approach. For instance, being prepared for opposition or knowing when to negotiate versus litigate can significantly influence the outcome.

    Communication also plays a vital role. Clear and persuasive communication with clients, examiners, and even opposing parties can make a big difference. Whether, it’s drafting responses to office actions or presenting arguments in court, articulating our position effectively is crucial.

    Lastly, I believe in staying adaptive and informed. The landscape of IP law is constantly evolving, so keeping up with the latest legal developments and industry trends is essential. This not only helps in staying ahead of the curve but also in providing the best possible advice to clients.

    Overall, it’s a mix of thorough preparation, strategic thinking, clear communication, and continuous learning that I find most critical in managing trademark prosecution and litigation.

    What emerging trends in corporate and intellectual property law do you believe will shape the future of legal practice, and how should legal professionals prepare for these changes? 

    Emerging trends in corporate and intellectual property law are increasingly shaped by advancements in technology, particularly AI. AI is revolutionizing how we draft legal documents, from contracts to IP pleadings, by streamlining the process and handling repetitive tasks more efficiently. This shift is exciting because it allows us to focus more on the strategic aspects of our work and provides clients with faster turnaround times. However, while AI can handle many routine tasks, we legal professionals must remember that the nuanced understanding and strategic insight we bring to the table can’t be replicated by machines.

    To prepare for these changes, we need to embrace technology and stay updated on the latest tools and trends. Learning how to use AI effectively will enhance our productivity, but we should also focus on developing skills that complement these tools, such as critical thinking and personalized client interactions. By combining technological proficiency with our unique legal expertise, we can continue to add significant value and remain indispensable in a rapidly evolving legal landscape.

    You developed an online certificate course on Copyrights for Lawctopus. How do you see the role of online education in shaping the future of legal training?  

    Online education is revolutionizing legal training by making valuable knowledge more accessible and affordable. Platforms like Lawctopus, where I developed a course on Copyrights, exemplify how online courses provide keen learners with the opportunity to dive deep into specialized areas of law without the constraints of traditional, lengthy, and costly degrees. For me, online courses have been a game-changer. When I wanted to expand my practice to include complex corporate law assignments such as multi-jurisdictional M&As, advisory on equity structures, cross-border transactions, and corporate restructuring, these well-crafted courses allowed me to gain the necessary expertise efficiently and economically.

    The beauty of online education lies in its ability to offer flexible learning options that cater to various levels of expertise and interest. It empowers professionals to stay current with evolving legal trends and deepen their knowledge base, all from the comfort of their own homes. This democratization of education not only enhances individual careers but also contributes to a more knowledgeable and agile legal community.

    Outside of your professional life, do you have any hobbies or interests that you feel contribute to your legal thinking or problem-solving skills?  

    Outside of my professional life, my hobbies play a significant role in enhancing my legal thinking and problem-solving skills. I’m an avid reader with a broad range of interests, including fiction, history, and philosophy. Additionally, I have a strong interest in personal development literature, which offers valuable insights into human behaviour and decision-making. This diverse reading habit sharpens my critical thinking and helps me approach legal issues from multiple perspectives, enriching my problem-solving abilities.

    Travelling is another passion that complements my legal work. Exploring different cultures and engaging with people from various backgrounds provides me with unique viewpoints and approaches to problem-solving. This exposure fosters a more adaptable and open-minded approach, which is essential for tackling complex legal challenges. Both reading widely and travelling allow me to bring fresh insights and innovative solutions to my legal practice.

    As someone deeply involved in the legal aspects of emerging technologies, what do you see as the most pressing IP challenges in areas like AI and cybersecurity?  

    In the realm of AI, one major challenge is defining and protecting intellectual property rights for innovations that are driven by machine learning algorithms. Determining ownership of AI-generated inventions or works can be complex, especially when AI systems are creating novel solutions without direct human intervention. This raises questions about patentability and copyright, and whether current IP frameworks are adequate for these advancements.

    In cybersecurity, the challenge is ensuring that our intellectual property is safe from cyber threats. One notable example was when I was involved in a case where a company’s proprietary encryption algorithms were compromised during a sophisticated cyber-attack. The breach not only jeopardized their trade secrets but also raised complex questions about the effectiveness of their security measures and their legal obligations to protect their IP.

    A key technical challenge here was understanding the intricacies of how the encryption was bypassed. This required working closely with cybersecurity experts to assess the vulnerability and determine how it could have been exploited. We had to delve into the specifics of the encryption technology, analyze the breach, and then figure out how to fortify the IP protection moving forward. This experience highlighted the need for a legal approach that’s deeply integrated with the technical aspects of cybersecurity. It’s not just about having legal protections in place but also understanding the technology to ensure that our IP safeguards are robust and adaptable to evolving threats.

    Considering your diverse experience, if you could create a new area of IP law to address future challenges, what would it be and why? 

    If I could create a new area of IP law, it would focus on AI-generated innovations and Ownership Rights. As AI technology advances, it’s increasingly capable of generating new inventions, designs, and creative works autonomously. However, current IP frameworks are struggling to keep up with these developments, particularly in defining ownership and protection for AI-generated outputs.

    The new area of law would address several key issues: establishing clear guidelines for determining ownership of AI-generated inventions, defining the role of human contributors versus AI systems, and creating a framework for protecting AI-created intellectual property. This would involve setting standards for patent and copyright eligibility when an AI is the primary creator and resolving disputes related to the rights of the developers versus the AI itself.

    This proposed IP domain is crucial because it would ensure that as AI continues to innovate, the legal system can adequately protect and manage these advancements. It would help address the gaps in current IP laws and provide a structured approach to the future of creativity and invention in the age of AI.

    You’ve witnessed the rise of digital platforms and their impact on IP. How do you envision trademark and copyright law evolving to address challenges in the digital space? 

    On the trademark front, online counterfeiting is a significant menace that demands more effective legal measures. In the digital landscape, where brands are prevalent across social media, online marketplaces, and app stores, companies face persistent issues with unauthorized use of their trademarks. This often involves numerous counterfeiters operating anonymously or under false identities, making it challenging to address each instance individually. Therefore, trademark law needs to implement more robust policies and practices to combat these widespread infringements efficiently. Instead of pursuing multiple litigations against individual offenders, we need a streamlined approach that can address these issues comprehensively and proactively.

    As regards copyright, the digital revolution has made it incredibly easy to copy and distribute content, which complicates enforcement. I’ve dealt with cases where copyrighted materials were pirated across multiple platforms, making it a daunting task to track and address infringement. The law will need to evolve with better digital rights management tools and more effective takedown procedures. Additionally, as user-generated content becomes more widespread, we need to rethink how copyright law balances protecting original works by accommodating the way people build upon and remix existing content. This may involve developing new legal frameworks that both safeguard the rights of original creators and support the collaborative and adaptive nature of digital creativity.

    As someone who’s navigated law firms, what insights can you share about the different dynamics and challenges in these environments?   

    Navigating law firms across different cities has given me a unique perspective on the varying dynamics and challenges in these environments. While the essence of law firms remains consistent—a client-driven focus aiming to provide top-notch services and build strong portfolios—there are notable differences influenced by local practices and court systems.

    For instance, I’ve observed distinct operational nuances between law firms in cities like Delhi and Mumbai. The Delhi High Court and the Bombay High Court, for example, have different procedural practices and court cultures. Understanding these regional variations helps law firms tailor their strategies and services to better meet local demands and navigate the specific challenges of each jurisdiction. It also highlights the importance of adaptability and local expertise in providing effective legal solutions across different cities.

    Get in touch with Shruhita Amit-

  • “You should be passionate about what you do, spend time learning the craft and use your knowledge to solve problems for your client”- Sourav Bhagat, Partner at Fox & Mandal

    “You should be passionate about what you do, spend time learning the craft and use your knowledge to solve problems for your client”- Sourav Bhagat, Partner at Fox & Mandal

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you tell us what initially sparked your interest in pursuing a career in law, and how that interest developed during your time at The West Bengal National University of Juridical Sciences?

    I belong to a family of lawyers. I was fascinated by this profession from childhood. I was hugely inspired by watching my father practice as a lawyer. He is still a huge inspiration for me. So, from my very childhood, the legal profession was the only thing in my mind as a profession. When I was in class 12, I saw in the newspaper that Professor Menon would set up WBNUJS at Kolkata. I was fortunate enough to sit for the entrance examination and got through. Five years at WBNUJS were the best five years of my life. These are the formative years for any individual. WBNUJS has given me exposure to diverse fields of law and much beyond. My love for law in general grew further in WBNUJS. I got to interact with professors and other students, who played a huge role in my growth and development as a lawyer. WBNUJS taught us the importance of learning basic skills not only in law but also in life.  

    With 19 years of experience in the legal field, you’ve specialized in areas such as dispute resolution, real estate, and corporate advisory. What aspects of these practice areas do you find most fulfilling, and why?

    Each practice area has its own charm. Since litigation was always my first choice, I am a  little bit biased towards dispute resolution. I have gained experience in diverse areas of law due to my interest in studying different laws and use them to solve problems faced by the client. While in real estate and corporate advisory, you are generally restricted to certain aspects / branches of law, in case of dispute resolution, depending on the nature of disputes, one has to deal with diverse laws. Sometimes, we have to study legal provisions which were unknown to us and do research on such laws to prepare an argument for the client. I think the opportunity to learn laws, interpret them and use them to give relief to the client makes dispute resolution the most fulfilling for me. When our hard work in dispute resolution helps our client get the desired relief from the Court, it gives you a sense of satisfaction.      

    Your practice spans multiple industry sectors, including FMCG, construction, healthcare, and education. How has working across these diverse sectors shaped your approach to legal challenges?

    I love and enjoy learning diverse laws. While dealing with these sectors, I not only learn the laws applicable to these industry sectors but also I have to understand their businesses. Diverse experience in multiple industries and multiple practice areas have helped me acquire diverse skills which, in the era of specialization, give me an advantage in dealing with a client, who may face different legal issues.  Working across these diverse sectors have brought me a wider range of perspectives and approaches to problem-solving, which have enabled me to advise my client on diverse issues in a holistic manner. 

    One of your key strengths is effective knowledge management within your team. Can you elaborate on the strategies you use to keep your team updated with changing legal frameworks and ensure they are well-prepared for complex cases?

    I believe that we lawyers remain students of law throughout our life. We keep on learning. We learn from seniors, colleagues, juniors and clients. Once we stop learning, that will be the end of our profession. Thus, constant learning and sharing of knowledge within the team are very important aspects. We, as a law firm, encourage everyone to be updated with changing legal frameworks and share such updates within the team. In addition to usage of e-mails or WhatsApp, we encourage everyone to discuss with each other new updates – new laws, rules, notifications, judgments, amendments etc. during office hours. Such discussions help everyone gain diverse perspectives of law rather than having his own interpretation only. This helps them to apply the law in diverse cases they handle. 

    You have represented schools in West Bengal in matters related to fees charged during COVID-19 and appeared before both the High Court at Calcutta and the Supreme Court of India. How do you approach such sensitive and high-profile cases to ensure the best outcomes for your clients?

    The education sector is very important in nation building, and was severely impacted by Covid. Physical classes had to be stopped and some of the parents suffered financially. On one hand, the schools have a right to carry out their activities – which are dependent on the fees to be collected from the parents and utilizing the same for educating the students and taking care of its teachers, officers, non-teaching staff and other stakeholders. On the other hand, we have to exercise the rights of the student to get an education. There has to be balance between these two interests, which in fact are not conflicting. The schools we represented adapted very quickly and shifted to online classes for the benefit of the students. Considering the hardships faced by some of the parents, the schools had taken the decision to provide various concessions to the students who needed such concessions. We did not approach the litigation in a generic adversarial mode. We understood that given the situation, the judges would have been sympathetic to the interest of the students, because the future of the students was to be considered. Thus, our approach was to ensure that the Courts also understood the rights of the school authorities – the importance of continuation of fees so that interest of teachers, administrative staff, other staff, contractors and all other stakeholders were also protected and it was important for the students themselves that the schools should survive and be able to continue to provide education to its students. Of course, there was some financial losses to the schools initially, but the schools survived Covid and continue to provide education to its students while protecting the interest of the students, teachers and all other stakeholders.  

    You have also been involved in significant corporate transactions, such as private equity investments and business transfers. What are the most critical factors to consider during such transactions to safeguard your clients’ interests?

    Each private equity investment and business transfer is unique in its character. It is very important to understand the business part of the transaction, you can only use your legal expertise in a particular transaction if you understand the business part of it. Due diligence plays an important role in private equity investment and business transfer. If you are on a buyer side / investor side, then identifying the legal risk in the proposed transaction is very critical to safeguard your clients’ interest. You need to explain the risk to your client and advise your client regarding various ways to mitigate the risk – through changing the structure of the deal, through execution of additional documents or through incorporating appropriate clauses in the documents. It is important for the client to make an informed decision. Our job is to identify the risk and advise the client on mitigating the risk; However, sometimes, the client has to take a business call. Legal expertise should be used as a business enabler and not as a deal breaker.  

    Lastly, what advice would you give to fresh law graduates who are just starting their careers and hoping to make a significant impact in the legal profession?

    Every individual is different and each of them must find their own way to make a significant impact in the legal profession. What may have worked for somebody need not work for all. A fresher must find a right path himself which suits him. Of course he may learn from other professionals / seniors, but such learning has to be suitable for him. However, the basic template to have reasonable success in the legal profession is the same as in any other profession. It is hard work, discipline, dedication and finding the right balance. You should keep on learning and have faith in your ability. You should be passionate about what you do, spend time learning the craft and use your knowledge to solve problems for your client. You will definitely get an opportunity in this profession, you have to be ready for such opportunity and if you are prepared to take advantage of such opportunity with your hard work, you will be able to make an impact in the profession. 

    Get in touch with Sourav Bhagat-

  • “There are quite a few challenges. IP, especially prosecution of applications, has become highly commoditized and almost become a packaged service, with costs being a race to the bottom. A lot of the advice that we see is very vanilla advice without real time being spent to determine what is best for the client’s business needs and goals”- Bharadwaj Jaishankar, Partner, at IndusLaw

    “There are quite a few challenges. IP, especially prosecution of applications, has become highly commoditized and almost become a packaged service, with costs being a race to the bottom. A lot of the advice that we see is very vanilla advice without real time being spent to determine what is best for the client’s business needs and goals”- Bharadwaj Jaishankar, Partner, at IndusLaw

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you share with us what initially sparked your interest in intellectual property law, and how did you decide to pursue it as a career?

    I was lucky enough to get an internship, in my 4th year of law school, with K&S Partners (a leading IP firm in India). I had dabbled in some IP work in my previous internships, and my interest around brands and how they are protected and commercialized was piqued. However, it was at K&S Partners where this interest really became a passion. Based on my internships at K&S Partners, and the type of IP matters and issues I was exposed to, I was clear that I wanted to build my career within IP. I was fortunate enough to get an opportunity to join K&S Partners upon graduation. In my career so far, I have made it a point to get different perspectives on IP, right from working with boutique IP works to working in house, in an IP role, to now working with a full service firm. This all-round approach and experience, particularly working as an in-house counsel, helps me tremendously in my role at IndusLaw. 

    With your extensive experience across various law firms and organizations, could you highlight a particularly memorable case or project that significantly shaped your understanding of intellectual property law?

    There have been several memorable matters I was lucky enough to be a part of and it will be difficult to pinpoint one specific project. That said, working on geographical indication (GI) matters, for the Government of India and for foreign GI owners, was incredibly important and special. GIs, unlike other IPs, are collective communal rights and require a slightly different mindset. I would also say that my stint as an in-house counsel afforded me some incredible opportunities and moments to learn different facets of IP law, including from a commercial lens. The learnings, as an in-house counsel, and seeing IP from the other side of the fence, was an immense learning experience; something which I cherish a lot. I would also say that working, in the past, and, even now, on matters that intersect with technology and IP has been extremely rewarding with a lot of learning opportunities. 

    Given your role as a visiting faculty at a leading law university and your participation in national and international conferences, how do you approach staying updated with the latest developments and trends in intellectual property?

    The simple answer is that time must be made to read and be in touch with new developments and precedents. It is easy to say that calendars are full and there is no time to read. However, if one really wants to keep up-to-date on new case laws and developments, time needs to be carved out. Especially in IP, where issues can be grey, and oftentimes  case laws can be seemingly conflicting with each other; that effort to read and stay updated is a must. I do ensure that, at least during work days, I try and get about 45 mins to read news and key case law updates. On weekends and holidays, I do take out more time. Additionally, within our team, we have a system of daily news updates, that are relevant to our practice, which are shared every evening, which I ensure I read before logging for the day. Another important aspect is also to speak regularly with your peers, clients and, even foreign counsels, to understand trends and developments. It, therefore, does take a combination of sources, coupled with a dedication and discipline to keep learning and staying updated. I also find that, in interacting with universities and students, one can also learn and stay updated as students are also equally updated with new trends and cases and it, therefore, does become a fantastic two way street.     

    Transitioning from working with leading law firms to being the IP and Innovation Counsel for a global FMCG organization must have been quite a shift. What insights did you gain during this transition, and how did it influence your perspective on intellectual property issues?

    The shift from private practice to an in house counsel was certainly very interesting with a lot of learnings and mindset shifts. A couple of the biggest shifts included learning how to become a commercial enabler and adjusting risk profiles. Being an in-house counsel required me to be a business partner, who was incidentally a lawyer. You get into a position where you can’t present options to other teams and say “choose which works for you”. You have to take a call, and that means collaborating and understanding commercial needs. This stint as an in-house counsel is immensely helpful to me now when I work with clients- the idea being an extended arm of their team or an extended arm to their in-house legal team. More and more, especially in IP, clients require external counsels to help them make a decision, rather than just presenting options. This has been one of the biggest shifts in approach for me- how can I, as an external counsel, help my clients meet their business goals.

    As someone deeply involved in protecting and enforcing IP assets, what are some common challenges you encounter in this field, and how do you typically address them?

    There are quite a few challenges. IP, especially prosecution of applications, has become highly commoditized and almost become a packaged service, with costs being a race to the bottom. A lot of the advice that we see is very vanilla advice without real time being spent to determine what is best for the client’s business needs and goals. We also see clients viewing IP as an expense, rather than as an asset which will mature over time. It isn’t uncommon to see IP being compromised or undervalued at the altar of costs. If India really wants to take advantage of the tremendous innovation and talent currently being seen, IP needs to be viewed maturely and beyond just as an expense outlay. This also calls for clients to be smart about who they engage with for their IP advice and strategy. IP forms the backbone of almost all businesses and it isn’t just about filing an application. A strategic mature approach needs to be brought by external counsels when counselling clients on their IP strategies.    

    With your passion for brand building and extensive experience in advising on brand-related matters, could you share some strategies you find particularly effective in nurturing and safeguarding brands in today’s competitive landscape?

    As mentioned before, taking the time to understand clients, their business and their objectives should form the basis of any IP strategy. There are so many intricacies and nuances, even to something as simple as filing a trade mark application. Fitting the legal strategy into the four walls of business objectives is really important. Another bit is not assuming that external counsels know more than clients or in-house legal teams. It pays to listen more. Part of our job is also to get clients to do some homework as well and get them to look at IP as an asset. For me personally, the focus is on building trust and reliance with the client and getting clients comfortable in our interactions and dealings. Today’s landscape does require a great amount of flexibility and transparency in our approaches. 

    Lastly, drawing from your wealth of experience, what advice would you offer to fresh graduates aspiring to build a career in intellectual property law and commercial law?

    I have a few pieces of advice: 

    1. Be ready to put in the graft in the first few years and avoid having an entitlement approach. The first few years in the profession are particularly taxing and there is no substitute other than hard work and graft. 
    1. Invest time in an organisation and avoid making quick shifts from workplace to workplace. The longer one stays at an organisation, especially the right place and with the right approach and attitude, can offer tremendous growth opportunities down the line. 
    1. Take the time to learn about the practice, the landscape of firms and how IP is viewed by law firms and in-house counsels, and then make an informed choice on how to build a career in IP law. In today’s world, the more you are informed (and the more the prep work), the easier it is to figure out the best path to take. 

    Get in touch with Bharadwaj Jaishankar-

  • “The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values”- Ashima Mandla, Partner at Mandla & Singh Law Chambers

    “The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values”- Ashima Mandla, Partner at Mandla & Singh Law Chambers

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share a bit about your journey into the field of law? What inspired you to pursue this career path?

    When I was in school, I was rather drawn to the criminal justice system, whether it was from what was covered in the news in then ongoing cases, criminal novels and shows which piqued my interest. Thereafter, I did my graduation in Psychology Honors from LSR, where my primary field of study was abnormal psychology, being intertwined with criminal laws. Even though during the first year of LL.B, like most of us, I was also equally attracted to the Corporate side and ended up interning for 6 months at Trilegal, the first day I set foot inside the Apex Court while interning with Mr. K.T.S. Tulsi sir, all my aspirations in this field shifted and I knew I wanted to practice criminal laws. 

    As a Partner at Mandla & Singh Law Chambers, what are some of the most rewarding aspects of your work?

    In litigation, mostly everyone aspires to go independent someday and establish their own practice. For me, that juncture came a little earlier than expected and Mandakini Singh, (my senior associate from the Chambers of Tulsi sir) and I started this litigation chamber in 2018. Undoubtedly, it takes significant time and effort to get your independent practice off the ground, especially being first-generation lawyers, but then there were many seniors who were exceptionally kind to us to offer support and even refer work. The most rewarding aspect in running your own practice is the opportunity to not only build cases by formation of a narrative but also to oversee the outcome. It gives you a platform and opportunity to understand your shortcomings and actively work towards growth. 

    Your involvement in drafting legislation such as the Criminal Law Amendment Bill, 2019, reflects a deep commitment to legal reform. What drives your passion for advocating for change within the legal system?

    The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values. As our worldview and perceptions shift, so do the nuances of the legal system. Every judgment that explains or expands the scope of any section or act is an active step toward changing the limits and understanding of the legal system. Law and society are intertwined, each contributing to shifting the perspective of the other.

    Could you tell us about a particularly challenging case you’ve worked on and how you navigated through it?

    The most challenging case has been the Tablighi Jamaat case. There were 955 foreigner nationals from 48 countries which were detained for 2 months and when the Habaes Corpus case was preferred before the High Court of Delhi for their release, overnight chargesheets were filed against the foreigners. Even though there was not a single medical report which was placed on record in the chargesheet showing anyone as Covid-19 positive, yet the narrative in the media was running contrary to the evidence on record, which also colored the public perception. The impact and perception of media trials, particularly in sensitive and high-profile cases was highlighted. Media trials can lead to premature judgments and public opinion that may not align with the legal proceedings and the principle of “innocent until proven guilty.”  Furthermore, 2 months into the litigation, it surfaced that there were second FIRs against the foreign nationals and those who were repatriated on humanitarian grounds of plea bargaining after depositing costs to an extent of Rs. 52L to the Government, they were once again estopped from returning to their homes. It led to an arduous and protracted litigation” of 150 hearings, 955 bail applications, 5 writs, 44 discharge applications, 26 quashing petitions, 80 revision petitions, 15 hearings before the Supreme Court and then a trial in a Delhi court over 9 months. Even though there was not a single conviction in Delhi as even all the foreigners who chose to contest the charges in the trial were acquitted, this case was unprecedented under the unforeseen circumstances across the globe.

    The other case, which was recently viewed as a landmark judgment in Pavana Dibbur v. Directorate of Enforcement.,2023 SCC OnLine SC 1586 wherein the Hon’ble Apex Court was pleased to quash the complaint u/s 44/45 of the PML Act, 2002 (akin to chargesheet) on the ground that s. 120-B IPC can be invoked only in reference to a predicate scheduled offence, was rather challenging as a case, as there were no authorities on this issue and all judgments of the Apex Court as well as various High Courts were ambiguous. The coming of this judgment reinforced the confidence that one can build arguments from bare reading of provisions and interpretation of statutes even if there are no judicial precedents precisely on the issue. Needless to say, it would not have been possible without the fierce and structured arguments led by Senior Advocate Meenakshi Arora ma’am.

    Your achievements in both academia and extracurricular activities are impressive. How do you balance your professional responsibilities with your personal interests and commitments?

    I believe that lawyers led stressful lives as is, which makes it imperative to have interests outside of work, to balance out. More often than not, the demands of every day work and deadlines puts personal lives at the backseat. I personally make it a point to travel, even if it is a short trip, whenever the opportunity presents itself. It gives you something to look forward to as well. Apart from that, there are many tournaments organized by various Bar Associations, which are an amazing way to break the ice, forge better bonds with your peers and seniors. 

    Being an Advocate-on-Record before the Supreme Court is a significant achievement. How did you prepare for and approach the examination, especially achieving such a high rank on your first attempt?

    I had started my career at the Apex Court as a junior, so I was always enchanted and inspired to become an Advocate-on-Record before the Apex Court. Truly, with running my own practice, I was able to only devote 20-25 days of study towards the examination and managed to secure a Rank #4. However, the fact that a lot of the concepts tested in this examination especially in the papers of Practice and Procedure as well as Drafting have nexus with everyday practice before the Apex Court, having practiced for 5 years, in terms of drafting, filing and arguments, before appearing in this examination made those papers fairly easy to prepare for. 

    As for the other two papers namely Leading Case and Advocacy and Professional Ethics, most of those cases were a part of the curriculum in college and hence were formative concepts which are widely referred to and relied upon across a spate of judgments and thus, if the basic concepts in law are clear, the examination is not all that tough. Therefore, the syllabus ought to not be viewed as something one can mug up for the examination, but if you truly read the judgments in its entirety, you will benefit in your practice as it will enhance your concepts and knowledge base, with concepts or sub-concepts which were perhaps not completely understood during college.

    With your experience in criminal defense litigation, what do you find to be the most common misconceptions people have about this area of law?

    It is no surprise that the salary for freshers in litigation is not comparable to the corporate sector, which has been a driving factor for an increased number of graduates preferring the latter. However, criminal defence litigation is far more rewarding in all aspects as compared to the corporate sector. Furthermore, another misconception is that criminal defence litigation is not for women, and for most of us, even our families are not comfortable with the thought of women visiting jails, police stations and lower courts. We have legal stalwarts such as Senior Advocates Ms. Meenakshi Arora ma’am, Ms. Indira Jaisingh ma’am, Ms. Rebecca John ma’am, Ms. Shobha Gupta ma’am, who are not just counted as the best female advocates, but in the list of the best advocates.  Therefore, the field is not an old boys club. 

    As someone who has accomplished a lot in their legal career, what advice would you give to recent law graduates who are just starting out in the field?

    Be patient, zealous and persevere. Law demands layers of intricate knowledge which is gathered across a spectrum of fields over a period of time. There are essentially no shortcuts to success and the only way to conjointly sustain and grow is through day-to-day perseverance. The skill-set which needs to be developed in this profession to stand out, are built over years of backbreaking work. Join offices which teach you work, develop your skills and offer you opportunity to grow. 

    Get in touch with Ashima Mandla-