Super Lawyer

Tag: Partner

  • Puneet Bansal, Managing Partner, Nitya Tax Associates, on being a CA + Lawyer and practice in Indirect Taxes

    Puneet Bansal, Managing Partner, Nitya Tax Associates, on being a CA + Lawyer and practice in Indirect Taxes

    Puneet Bansal graduated in B. Com. from Hansraj College, Delhi University in 1998 and thereafter he acquired an LL.B degree in 2007 by eking out time for the evening classes of Campus Law Centre of Delhi University. Over the course of his highly successful career he has worked as a Partner at Lakshmi Kumaran & Sridharan as well as BMR Associates. He is at present a Managing Partner at Nitya Tax Associates.

    In this interview he tells us about:

    • Chartered Accountancy – his time in college, the contours of the course and tips to ace the entrance exam.
    • The work in an advisory practice, his law degree and experiences as a Partner at two firms.
    • The importance and convergence of law and taxation, advice for Tax Law enthusiasts, his views on the GST and setting up Nitya Tax Associates.

     

    How would you introduce yourself to our readers? Please tell us about your family and childhood.

    I was born and brought-up in a middle class family. My father is a business man and mother is a house maker. Being in a middle class household, my upbringing was normal. I was a pretty average student till Class X.

     

    Were you always clear about your career plans considering you pursued commerce in senior secondary and went on to graduate from Hansraj College, Delhi University in B.Com?

    Never. I choose Commerce in Class XI as I was not interested in Science and Arts. It was in Class XI that I developed an interest in studies and started doing well. Since my marks in Class XII were good, I joined Hansraj College. I didn’t have any career plan till then.

     

    How did you manage college with your CA preparations?

    One of my uncles filled the Chartered Accountancy form and that’s how I started doing CA. Indeed, CA used to be a tough course earlier as well. I used to go to college in the first half and come back to the CA firm in the second half when I was interning. It was a tough 3 years of managing both studies and internships.

     

    Please tell us about your CA Articleship. What was the application procedure? How competitive was it to secure an Articleship? What was the work assigned to you?

    I did an internship in a medium-size CA firm. My senior in the CA firm was a family friend so I got the internship with ease. I did accounting, company law and Income tax related work during the internship. Importantly, I was not at all exposed to indirect taxes during my internship which is my area of profession now. The period of my internship was a thorough enjoyment and was my first chance to peek into the professional services space.

     

    You graduated from Hansraj College in 1998 and finished your CA course in 1999 with an All India Rank. Please enlighten our readers with some valuable tips to ace the CA examinations.

    I cleared all CA exams in the first go and was the All India 27th rank holder in the CA final. I have followed one rule for preparation for CA exams, and in fact, now as well when I am practicing on my own I abide by it and that is ‘whatever you do, do with passion and then everything will fall in place. Otherwise do not do it’. I was always interested in understanding concepts rather than clearing exams. The conceptual clarity in all the CA final subjects only helped me in clearing the exams.

     

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    Our readers would like to know about your initial days as a CA professional. Could you share with us any interesting anecdotes?

    When I became a CA, I thought that life henceforth would be easy. But I was confronted with reality soon and realized clearing CA is the start of struggles in one’s professional career. Clearing the CA exam only opens the gates to the professional world. At each stage of our professional lives, we need to prove ourselves with hard work and competence.

     

    Was it difficult for you to shift to a new place of work, which was primarily a law firm? Please tell us about your work experience at L&S.

    (Puneet joined Lakshmikumaran & Sridharan in 2003 as a Chartered Accountant in their indirect tax litigation practice.)

    Indeed. I was working in Maruti Udyog and suddenly decided to shift to L&S. My family was stunned and couldn’t understand my decision. Also, the decision to shift from an Industry to a Law firm was a big change in my career. Working at L&S was a great experience. It was a close knit family environment comprised of competent professionals. Initially I did litigation, and later, set up their advisory practice. It was 9 years well spent in my career.

     

    In 2004, you joined Delhi University to pursue law. What was the driving force behind this decision?

    As I was working in L&S and wanted to make a career in litigation, I decided to do law. The admission procedure at the Delhi University required clearance of an entrance test. Clearing the entrance test was not tough.

     

    Please tell us about your law school days. Did you participate in any student activities? How active were you in other college activities?

    I did law from the Campus Law Centre, Delhi University evening batch, so I used to attend the classes and write the exams. As I was working full time in L&S, I didn’t participate in student or college activities during my law school days.

     

    How helpful was your law degree in terms of the added legal perspective to your existing knowledge? What career advantages did it bring?

    (Puneet qualified in Law in 2007, after that he continued with L&S.)

    The law degree really helped in giving me perspectives on the Indian Constitution and various other Commercial laws. I would recommend it as a “must do” if one needs to practice tax. Further, the law degree opens an opportunity for you to appear in the High Court and Supreme Court.

     

    What work does advisory practice include? What were the added responsibilities as a partner of one of the leading firm in indirect taxes?

    (After establishing the advisory practice of L&S, Puneet headed this team as a partner from 2010 to 2012.)

    The advisory practice involved advising clients on Indirect Tax issues involving legal interpretation, structuring business models etc. As a Partner of a large law firm, I was responsible for advising leading corporates of India. I also had the responsibility of managing a team of 10 – 12 professionals.

     

    Please share with us your work experience at BMR.

    (In 2012, Puneet joined BMR & Associates LLP as a partner.)

    My professional journey wouldn’t have been complete without joining BMR. It was a totally different way of practicing when compared to a law firm. The advisory practice was more focused on bringing legal, practical and implementable solution for clients. Furthermore, I really liked the professional practices in BMR. Overall, it was a great experience.

     

    How important is taxation as a subject for law students? What advice would you give our readers to consider taxation as an area of practice?

    Taxation is a very important subject for law students especially if one is focused on commercial laws. Taxation plays a key role in business transactions and has the effect of making and breaking the business. The current times are most exciting times for tax professionals with so many things coming up or growing up, be it GST, Transfer Pricing, International Taxation etc. This is right time to be in the taxation field.

     

    What issues did you face while setting up Nitya Tax Associate? Our readers would love to know about the significance of “Nitya” in the firm’s name.

    (Puneet recently founded an independent indirect tax boutique “Nitya Tax Associates” at New Delhi.)

    The decision to start Nitya was an attempt to create something on our known outside a framework of large firm. In professional services firm, only two things are important – clients and people. Some of the leading corporates have reposed faith in us and the going has been good till now. There were initial challenges on getting good people but now, we have a good team.

    The name ‘Nitya’ has its origination in the Sanskrit word and stands for ‘continuity’ / ‘eternity’. The name is a reflection of our belief and commitment to be available to our clients.

     

    Please introduce us to your team. What plans do you have to take forward Nitya Tax Associates, in terms of workforce as well as setting up branches in other major cities of India?

    We have a good team with some members with experience ranging from five to eight years. Kulraj Ashpnani, Deepak Suneja and Gaurav Narula have worked in large and reputed professional services firms. As of today, we are twelve professionals -a mix of Accountants and Lawyers. As of now, our focus is on NCR though we continue to cater to clients in other parts of India. For the next one, two, years, we plan to operate from Delhi and to strengthen our foothold first.

     

    What are your views about the upcoming GST regime?

    The GST will significantly simplify the indirect tax regime. During the first few years, it will open a floodgate of opportunities for professionals be it accountants or lawyers.

     

    What are the preferred legal issues you like to work on? Do you have any hobbies that help you unwind after a long day at work?

    Working on complex Indirect Tax issues for large manufacturing clients is my favorite as of now. I also enjoy doing litigation. Spending time with my kids and watching Hindi movies really helps me unwind.

     

    What would be your parting message for our readers?

    It does not matter what career you choose, but whatever you choose, do it in the most exemplary way and then everything will fall in place. Success is not a destination; it is a never-ending journey.

     

     

  • Stephen Mathias, Partner, Kochhar & Co., on being a pioneer in Technology Law and work experience

    Stephen Mathias, Partner, Kochhar & Co., on being a pioneer in Technology Law and work experience

    Stephen Mathias graduated from NLSIU, Bangalore in 1995. He pursued a diploma from the College of Law, York as a Chevening Scholar. Thereafter he joined Arthur Andersen, and worked there for three years. Later he moved on to the Bangalore office of Kochhar and Co., a leading law firm with which he has been associated since 1999 and is currently the Partner-in-charge. He is also a co-chair for the firm’s Technology Law Practice, which is a first of its kind in India.

    In this interview he talks to us about:

    • His initial interest in Law and the subsequent formulation of his career goals
    • His experience at Arthur Andersen
    • His experience as a Partner at Kochhar & Co. in Bangalore
    • The development of Technology Law Practice

     

    You started your legal education in 1990, can you tell us “why law”?

    I did not have any close relatives who were lawyers. I was generally interested in Economics, Political Science, etc. and law seemed to be closely allied. Moreover, National Law School had opened in Bangalore and I thought it was worthwhile to give it a shot. I wrote the entrance exam and got in. After that, I did not hesitate to join.

     

    Tell us a bit about your time at NLSIU.

    Looking back, it was truly a revolutionary approach to legal education. There were some special moments. For example, while learning criminal law, Prof. Joga Rao would choose a case that brought out the intricacies of the ingredients of a section, get two students to argue for one side and two students to argue for the other side. It was great fun, far more so than watching even an engrossing Law TV series. The focus was on thinking, arguing, logic, rather than on mere rote learning. Our batch was also the first in NLSIU to experience open book exams. For the first one, we all went in, rather cocky, thinking it was going to be a breeze only to come out shocked having encountered long and confusing fact situations that required us to think, navigate through the facts and figure out the relevant from the irrelevant portion. I also enjoyed Prof. Devidas’s explanations on concepts of Constitutional Law, especially his focus on equality. I would say that though the institution was not at its best on commercial law subjects like Contracts, Company Law and Taxation at that time, I think Dr. Menon was truly a pioneer in his different approach to legal education. And I’m grateful to many of the faculty members who sacrificed a lot to teach us.

     

    What career goals did you have in mind while studying at NLSIU?

    In my third year, I encountered Corporate Law and took to it immediately. I felt I had found my field. Later on, when we had our pick of electives, I always chose topics that were allied to Corporate Law. There was a ‘Computer and Law Society’ in law school but I did not take to the subject until after I had practiced for a couple of years. I started writing articles in my 3rd year and by the 5th year, was writing on various law related topics for the Deccan Herald and also became the editor of the students’ law journal. I remain greatly interested in writing and have written for the Economic Times in the past on law and technology.

     

    How was your experience working with Arthur Andersen upon your graduation from NLSIU?

    In those days, there was no campus recruitment. Andersen sent word that they were interested in hiring. I applied and got in. I was recruited at Mumbai, which I didn’t mind as I had planned to start my career in Mumbai anyway. I had a job offer from RA Shah at Crawford Bailey as well. However, Andersen was paying me 3 to 4 times more and I found it to be a more exciting opportunity. Standards were extremely high. There was a huge emphasis on client servicing. I learnt how to communicate in simple business language, coupled with a logical flow. I realized that in Corporate and Commercial law, to be a successful lawyer, one has to possess strong commercial acumen. Almost everything you do, every transaction, has a tax implication. I learnt a bit about tax while I was there. I enjoyed Bangalore more than Mumbai though, because there was no separate legal team in Bangalore due to which I got to work a lot with the accountants.

     

    You did a diploma in European Law from The College of Law, York. How was that experience?

    I applied for the course and received a Chevening Scholarship. It involved 6 weeks in York pursuing a diploma on European Law and 6 weeks in London working with a law firm. It provided me a chance to get some international exposure. In York, there were classes every day, but there were no exams. Most of us didn’t take it too seriously. In London, there was not much work given to me at the law firm I worked at, Wilde Sapte. I discovered an amazing city with every kind of attraction imaginable – the history, gardens, plays, musicals, museums, walks. I made it a point to experience London in some new way every single day. I had a total blast and I have to admit, it was more like a paid holiday. If the aim was to expose Indian lawyers to British culture, my participation in the scholarship was a resounding success!

     

    What prompted your move to Kochhar & Co. in 1999?

    Andersen closed down its legal practice in 1998. I took a small break and a bit of time to find my feet again. Kochhar & Co. were looking for a new partner for their Bangalore office/chapter. I met Rohit Kochhar and was instantly impressed. He emphasized on client servicing and I felt that he was closely aligned to my way of working and the Andersen philosophy. When I was selected, I decided to join instantly. I spent a month in Delhi initially and I found working with Rohit Kochhar and his attitude to achieving success to be quite inspirational.

     

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    Being a pioneer of technology practice you represented reputed international clients and engaged in high stakes work right from 1999. What has your experience been like as a partner heading the office in Bangalore?

    The initial years involved a lot of hard work. Rohit Kochhar gave me a great platform and freedom to build the practice. Through our tech practice, we built a clientele of international tech companies. Managing an office involves dealing with substantial non-legal work like strategy, accounting, HR, etc.

    In more recent years, our partner Suhas Srinivasiah has played a substantial role in growing the practice and has been the backbone of so much of the work that we have done.

     

    You set up the Technology Law Practice. How did that come about?

    When I was in Andersen, paradoxically, for Bangalore, I did a substantial amount of securities work. It has continued to be a small part of my practice. But I did a lot of work in IT Contracting. I found that there were many international tech companies who needed specialized tech lawyers. I jettisoned Securities Law, concluding that I had no future with it in Bangalore. We set up the Technology Law Practice the moment I joined Kochhar & Co. and did a lot of research on Technology Law. Those were the incredible days of the ‘dot com boom’. Internet law was changing in the US literally every week.

     

    What does the technology law practice really comprise of?

    There are two parts to it really.  There is general commercial work we do for tech companies.  This could be corporate compliance, employment, real estate, regulatory.  Employment and real estate are particularly large practices because a large software development, BPO or call centre unit will have a large office and a huge workforce.  Then there is the tech work – licensing, outsourcing, e-commerce, privacy, telecom, IP.  There are some more specialized areas like virtualization and voice over IP implementation which is the biggest part of the Technology Law Practice.

     

    Voice over IP seems to be a somewhat unique practice. Tell us a bit more about it.

    India has many restrictions on the use of voice over IP (VoIP), in terms of it being used only by persons within the same group, prohibition on inter connectivity with PSTN, etc. Then there are issues around the use of the same PBX for IP and PSTN, call managers in the cloud and overseas maintenance of voice mail and recording of calls. Every large company would have implemented a VoIP based voice communication network. They want a seamless system whereby you can use your soft phone no matter where you are, whether in office or at home or whether in India or overseas. Indian law prevents this and there is a fair amount of structuring in terms of what is permitted and what is not. Then there are separate provisions for call centres which can have IP and PSTN inter connectivity. But these undertakings are subject to numerous restrictions as well. I think I enjoy this work because it satisfies my need to be more than just a lawyer. At the same time, it is very challenging and it’s essentially a lawyer practicing within an environment of technology professionals.

     

    What are the key areas of technology law today?

    Internationally, technology law has never been more exciting than it is today. You have cloud computing and the ability to provide services remotely. Different applications like email, social media, e-commerce, mapping, etc. are increasing connectivity leading to huge privacy concerns. The sharing economy and the likes of Uber and Airbnb are challenging traditional ways of doing business and concepts of law. In India, there is a fair amount of unrest within traditional hardware distribution channels over the discounting of pricing by e-commerce platforms. These throw up issues relating to foreign investment regulations and competition law. At the moment, the start-up scene in India is truly exciting.

     

    What are your areas of work outside technology law?

    I do some amount of corporate work. I have been more active in employment law of late. A key focus for me is risk management. I help clients and other partners navigate through difficult situations, helping them understand what the different options are, the risks under each and that an optimal solution is one that balances risks and the needs of the client best. I have recently been doing work in the field of renewable energy which I find most interesting. I also spend time helping to grow different practices.

     

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    You have an interest in public policy. Tell us a little about that.

    I am terribly dismayed by the direction the regulatory environment in India has taken in the last few years. The era of liberalisation of the 1990’s has passed. India is a highly over regulated market. Many of my international clients are taken aback by the extent of restrictions and conditions to doing so many things in India. India badly needs a strong dose of right-libertarianism. There needs to be a focus on finding an optimal level of regulation so that the needs of public policy and freedom to do business are better balanced. Every restriction, every condition must be questioned and there must be a justification for the curtailment. I also feel that the expertise of corporate lawyers, as opposed to senior Supreme Court lawyers to contribute to government policy making has largely been unexplored. Corporate lawyers are closer to the clients and have a better sense of how regulations affect businesses. I’d like to see the government appoint corporate lawyers to help with reforms.

     

    Can you give us a few examples?

    Take the Companies Act, 2013 for example. It is a terribly retrograde legislation. There are restrictions on so many things such as your financial year, how to issue shares, transfer of shares, related party transactions and so on. Apart from that, there are still limits on voting rights for preference shares, buybacks are still difficult. To add to that, the MCA has come out with a plethora of regulations with the result being that the total volume of company law regulation in the country has increased, not decreased. I was doing an ESOP plan for a private company recently – there are regulations on private companies as to minimum vesting period, limits on promoters receiving ESOP’s, acceleration of all options in the case of death or disability, etc. This is completely unnecessary and an interference with management. The current company law has largely taken us backwards, making doing business in India much harder while creating too much uncertainty in the system.

     

    What do you think of the new government’s focus on ease of doing business? Would you say the bureaucrats are ‘trigger-happy’?

    The one positive thing I would say about the current government is that their sentiment is in the right place. But we were hoping for change that is transformational and we have not got it yet. There have been some changes in Company Law that have reduced some of the restrictions imposed by the new statute.

    We were looking at the new industrial relations code recently. It is largely a combination of several laws without much change in the laws. In fact, some changes make life more difficult for employers. Do we still need a law that requires a business to take permission from the government to retrench an employee? Some changes to the proposed Land Acquisition Amendment do not make complete sense and have not been properly explained, even though the key changes are absolutely essential. I get the feeling the bureaucracy is not on board with the idea of liberalising India further.

     

    What is life like outside of law?

    The days are full with little time to myself. I like working out at the gym. I enjoy listening to a mix of jazz, blues and country music. When I travel I map where the concerts are and try to attend some that fit my schedule. I follow the world of the internet and changes in technology and Technology Law closely. Looking after my kids takes up a large part of my weekend and spending time with family is a truly enjoyable part of life.

  • Umakanth Varottil, Assistant Professor, National University of Singapore, Ex-Amarchand Partner, on choosing academics over corporate practice

    Umakanth Varottil, Assistant Professor, National University of Singapore, Ex-Amarchand Partner, on choosing academics over corporate practice

    Prof. Dr. Umakanth Varottil is an Assistant Professor, Faculty of Law at the National University Singapore (NUS). He is an alumnus of the National Law School of India University, Bangalore, graduating in the year 1995. Soon after graduation, he joined Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS), where he soon saw promotion to the post of a Partner. While at AMSS, he was ranked as a leading corporate/mergers & acquisitions lawyer in India by the Chambers global guide. He then went on to complete his Masters from the New York University School of Law (NYU) in 2007, and then his Ph.D. from NUS in 2010. He has since taught on a visiting basis at the Fordham Law School, New York, University of Trento, Italy, and at various law schools in India. He is the recipient of several academic medals and honours. At present, he is an Assistant Professor of Law at National University of Singapore (NUS).

    In this interview, he talks about :

    • His experience and journey from an Associate to a Partner at AMSS;
    • What made him leave AMSS for a life in legal academia;
    • His experience at NUS and NYU;
    • His PhD on the role of the independent directors in corporate governance;
    • Life as a Professor at NUS.

     

    How did you decide to study law? Were any of your close relatives lawyers?

    Since my late father was a lawyer, I was exposed to the legal profession from an early age. However, it was only after high school that I decided to follow his footsteps and take up law as a career choice for myself.

     

    How did the opportunity to study at NLSIU, Bangalore feel like? Do you recall your first day at the Halls of Residence? Would you like to share any observation/memory from those days?

    Securing admission into NLSIU Bangalore at that time was an entirely different ballgame from what it is today. At the time that I joined the law school, it was only two years old, with a great amount of uncertainty as to what lay in store for its students and graduates. Nevertheless, we were fortunate to have an eminent legal personality in the form of Dr. Madhava Menon at the helm of affairs, who led an able and dedicated team of law professors, which left no doubt in my mind that our professional future was not only secure, but also promising.

    Some of my early memories relates to my initiation into the study of law, which revolved around analysing various social issues from a legal perspective, and debating them in hope of arriving at a solution to real world problems. As any student would experience in the first year of law school, there are no definitive answers to questions or problems, and each issue is capable of being viewed from multiple points of view. Added to this was the Socratic method of teaching adopted in the law school, which tends to confound problems in the minds of students than to clarify or resolve them. It is much later that I realised that this phenomenon was by design, and not an accident. As I was a resident of Bangalore, I did not stay in the Halls of Residence. Since NLSIU was still in its initial stage of establishment and hostels were yet being constructed, residence on campus was not compulsory. As it turned out, most of us “day scholars” spent long hours on campus, which helped us partake in the community aspects of law school.

     

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    How did you always keep ahead of your batch as a student at NLSIU? What would be your message to those people who never score much but do well at internships and moots?

    In describing academic life in an Indian law school such as NLSIU, I have previously used a metaphor, which is that it is like playing Test cricket. Student life involves sustaining oneself over a five-year period with equal energy and drive, and the ability to handle countless exams, assignments, presentations and other commitments that law school demands, not to mention co-curricular activities such as moot courts, debates, and the like. Hence, it involves a great deal of patience and perseverance. I must add that I have been enlightened about these characteristics more as a matter of hindsight, and it is not as if I designed and implemented any specific plan or strategy while in law school.

    For the lack of any alternative methodology for assessing the competence and capabilities of law students, grades do continue to matter a lot. But it is also important to develop an all-round personality, which can be attained through co-curricular activities. While performance in law school (academic or co-curricular) matters to some extent, it often tends to have a limited bearing on one’s professional progress and success, which might depend on other factors that a graduate may imbibe after law school.

     

    Have you been in touch with your batchmates? Is it true that all graduates from NLSIU do extremely well in their careers? Do you find differences between graduates of NLSIU, other NLUs and other premier law institutes?

    Apart from imparting legal skills, NLSIU helped me forge very strong relationships with a wonderful group of batchmates (as well as seniors and juniors), which I continue to cherish to date. It is true that the NLSIU alumni network is a tight-knit one. In fact, my batch is celebrating its 20th year reunion at the end of this year, where we will be spending a weekend together along with our families.

    While there could be some differences between the graduates of NLSIU and other premier law institutions in India, I do not believe that they are significant. Ultimately, the top students from all of these institutions form part of the same crop, and have been successful in similar ways. It might be the case that more number of students from some law schools may have demonstrated a higher performance compared to the others. Over the years, I have developed professional relationships with graduates from several law schools around India. In my view, while the institutional quality and background are important, it is the capabilities and determination of individuals that matter more.

     

    You joined AMSS early on as an Associate. How was your journey from an Associate to Partner? Was it mostly about legal knowledge, or did it include business development as well?

    My early years as an associate at AMSS involved gaining experience in corporate transactions. I was fortunate not only to be working with a leading law firm in India and its managing partner, Mr. Cyril Shroff, but I was also the beneficiary of an unending flow of transactions following India’s economic liberalisation that witnessed several novel legal issues being considered in-depth. Of course, being made a Partner carries along with it, different demands, which include client management as well as human resource management (that takes a great deal of people skills).

     

    You must have been very young as a partner. As a law student, it’s very difficult to imagine joining the ranks of a partner in just 5-6 years of work. What all does it take to become a partner?

    At the outset, technical skills do matter, i.e. the knowledge of the law within one’s practice domain, which includes both substantive and procedural matters. In addition, skills such as conflict resolution, problem solving and acting as a “trusted” advisor to clients, are a hallmark of a competent partner. Then come other skills such as business development, human resources, and even financial management.

     

    Is it possible for a person who is not exceedingly well versed with Business Development and is not good at drawing clients to get promoted to the ranks of a partner? Would it take more time?

    It is ironical that while law schools teach the knowledge and skills pertaining to matters of law, the other skills, such as business development, are required to be developed by lawyers on the job. Some lawyers are excellent in technical legal skills, but they either do not have the capabilities, or are uninterested in the managerialaspects. In those scenarios, of course, there could be some constraints when it comes to promotion. Ultimately, this could depend on the policies of individual law firms. But, I do believe that there is always space for lawyers with good technical skills, and law firms and legal practices may ignore them at their own peril.

     

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    When did you actually find yourself getting drawn towards academics?

    This is a question I get asked all the time. When I was at AMSS, Bangalore, during weekends,I used to co-teach a seminar course on Mergers & Acquisitions at NLSIU along with Professor M.P.P. Pillai. The discussions in class,surrounding the theoretical and policy-level issues on areas that I was closely connected with in practice, attracted me towards taking up a full-time career in academia. Although I embarked on an academic career with a view to teaching, I discovered along the way that substantial emphasis is also placed on research and publications. I enjoy this combination of teaching and research in the areas of corporate law, corporate governance, mergers and acquisitions, and related subjects.

     

    How hard was the decision of leaving a well-established career as a partner of the largest law firm in the country, to take a plunge into academics?

    I was quite determined about embarking on a career in academia. However, given that I was leaving the profession after spending over a decade in it, many of my colleagues and friends felt that I was more likely to flirt with academia for a couple of years, and then promptly re-enter practice. But, that did not occur: I remain committed to the legal academy, and have not felt the urge to return to practice. At the same time, I continue to remain in touch with the profession through various means that helps me stay up to date with developments in practice.

     

    How did you select New York University School of Law among others? Was it any specific combination of modules that attracted you there?

    I chose the New York University School of Law (NYU) due to its focus on some of the key areas I was interested in, namely corporate, securities, and financial services law. Moreover, located in the heart of New York City, it also has access to professionals from leading law firms, accounting firms, and other financial intermediaries, who would often visit the institution to teach, and also to participate in seminars and conference.

     

    What was your topic of research for LL.M? Why did you choose that subject for research?

    Although I did an LL.M by coursework, I was required to write research papers on a couple of courses, which I found to be a valuable experience. In a seminar course titled “Topics in Corporate and Securities Law”, I wrote a paper on the role of independent directors in corporate governance. This has been a significant topic of interest world-over, not least in India. This paper also acted as a stepping stone for my PhD thesis on the topic subsequently at the National University of Singapore (NUS). At NYU, in another seminar course titled “Financing Development”, I wrote a paper on the use of the pari passu clause by lenders in sovereign debt documents, to block the debtor countries from making payments as part of a sovereign debt restructuring. This issue, as well, continues to hold sway till date, with litigation pertaining to Argentina under this clause making headlines, especially as they have been considered extensively by the US courts.

     

    How do you recall the faculty and facilities? Which other universities would you recommend for someone who cannot make it to NYU?

    I learnt considerably from my courses at NYU. Having practised Corporate Law in India for several years, it was a wonderful opportunity for me to compare the Indian law and practice, with those of other jurisdictions studied at NYU, including Delaware. Some of the professors and their teaching methodologies have had a significant impact on me, in that they have helped shape my own teaching philosophy and style.Apart from NYU, there are several other leading law schools in the US, UK, Singapore and Hong Kong, that have strong corporate and financial services law offerings.

     

    How did you choose NUS for your doctoral research? Tell us about your Ph.D thesis. Why did you choose that subject in particular?

    When I was at NYU, I came to learn a lot about NUS, as there was a collaboration between the two Universities for a joint LL.M programme. This was also consistent with my desire to stay in the Asian region, and closer to India. Hence, after consulting my classmate Arun Thiruvengadam, who was then teaching at NUS, I decided to apply for the doctoral programme there. As mentioned earlier, my PhD thesis dealt with the role of the independent directors in corporate governance, wherein I examined board independence in the context of emerging economies such as India and China, as it had previously been studied in the context of developed markets such as the US and the UK, where the agency problems relating to corporate governance were largely different. I chose that area in particular, as the concept of independent directors has confounded academics for some time now, with incomplete understanding of the utility of that institution in enhancing corporate governance. The concept continues to hold importance in India even now, with extensive codification in the Companies Act, 2013.

     

    Having taught at many universities in India, how would you compare it with the facilities and environment that NUS provides you? Do you find stark differences in administration between Singapore and India?

    NUS provides an excellent environment for both teaching and research. It has a diverse faculty and student body. While the LL.B students are mostly from Singapore, the LL.M students are from several countries around the world (including from far-flung areas such as Latin America), which makes teaching here truly global. There are indeed perceptible differences in the administration between Singapore and India. For example, the law school at NUS is situated within a larger University, which is over 100 years old and therefore endowed with significant experience and resources. On the other hand, the leading law schools in India are standalone establishments that are relatively younger, with greater flexibility in determining their own destinies.

     

    Is it possible that you may come back to India to teach? Do you look forward to that in near future? What all could probably could be the impediments, if at all you wished to come back?

    Of course, it is hard to make predictions for the future, but for the present, I offer short courses and guest lectures at various Indian law schools each year, which I thoroughly enjoy. Even though I am currently based in Singapore, I continue to remain closely connected with Indian legal education.

     

    What subjects are you currently teaching? What are your current research interests? Have you involved your students in your research?

    At NUS, I teach three courses. One is Company Law, a compulsory course for LL.B students, that involves teaching Singapore law, which is similar to Indian company law at a broad level (with both Singapore and Indian having originally inherited English company law), but with significant differences when one drills down into the details. The other two courses I teach are upper-level electives, namely Mergers and Acquisitions (M&A) and Indian Business Law. Elective courses are attended by third and fourth year LL.B students as well as LL.M students.

    My research interests are also on similar lines as my teaching. While my work is comparative in nature, I focus considerably on the laws of India and Singapore. I do involve research students in my work. While most of the research assistants tend to be NUS students (both LL.B and LL.M), I also often avail the services of students across various Indian law schools, particularly when the research material for a project is mostly available in India.

     

    Having won quite a few awards and honours for academic excellence and teaching, what would be your message to young professors?

    An academic career in law is an exciting one. It provides considerable freedom for young professors to delve into areas of their interest, both in terms of teaching and research. Several professors in India have established themselves as authorities in their respective fields, thereby garnering wide acclaim. They are also sought after by practitioners, policy-makers, and the Government. They have accomplished this through extensive research and publication of their work in leading academic journals, as well as through op-eds in the popular press that ensure a wider reach. My advice to young professors would be to identify their interest areas, and then build up domain expertise in those.

     

    Students often complain about high-handedness of faculty and administration in India, how do you propose we either find a solution to it, or change our own perspective?

    As I have already mentioned, Indian legal education continues to be moving along a steep learning-curve. The experimentation that began with the establishment of NLSIU, continues in one form or another. Given this trajectory, the path is not likely to be smooth. It would be presumptuous on my part to offer any solution, as the circumstances are rather complex. However, the key would be for the administration, faculty and students to work collectively to address various problems that are currently being faced. To go back to an incident that occurred when I was a law student, a proposal by the administration to raise tuition fees at NLSIU was met with stiff resistance from students, resulting in a deadlock. However, following successive rounds of negotiations between students and the administration, an acceptable solution was found, and the institution marched forward. Constant engagement between various constituencies within the legal education sector would be the key.

     

    Shifting to moot courts, how does one draft a winning memo? According to you, what is the difference between a great and an average memo?

    A good memo is one that is well-researched and expressed clearly. The grasp of the writer over the subject matter tends to be quite evident from its content and form. A great memo is also one that is very convincing. Ultimately, even in practice, a judge would decide a case based on (among other things) the written submissions of counsel, which must be clear, cogent and persuasive (supported by authorities).

     

    Do judges actually expect mooters to know everything about the law, or is there something else at play, as well?

    Successful mooting involves a combination of factors. Apart from knowledge of the law relating to the subject matter of the moot, it is necessary to master the facts (which often form the bone of contention). Thereafter, it is necessary to logically structure the arguments, which must be presented clearly. More importantly, mooters must be prepared to wriggle themselves out of a situation when they are caught off-guard by the judges. They must be able to think on their feet. Patience is another virtue that would come in handy in such situations.

     

    Lastly, what would be your message to people who want to take up a career in teaching?

    According to me, the idiom “Those who can’t do, teach” cannot be farther from the truth. It is no longer true that teaching is the last resort for a graduate in India. The academic world has attracted bright lawyers, and several excellent law students at their very early days, who have indicated their interest in teaching,and followed their single-minded pursuit towards attainment of their goals. Hence, I would encourage law students to consider an academic career. From my own experience, I have found academia to be extremely enriching and fulfilling.

  • Ranjeetsinh Pawar, Partner, Ojas Legal, on starting up with independent practice after graduation and on business development

    Ranjeetsinh Pawar, Partner, Ojas Legal, on starting up with independent practice after graduation and on business development

    Ranjeetsinh Jayendra Pawar graduated from ILS Law College, Pune in 2012. While in law school, he worked with various organization like K11 Fitness Management Co. Pvt. Ltd., 5 Fitness Club and Unique Organic Agri Tourism Pvt. Ltd. handling their Sales Operations and Business Development. Soon after graduation, he co-founded ARP Associates, a full service law firm in Pune. Very recently, ARP Associates has been renamed as OJAS Legal which is an umbrella organization that provides legal support in five major cities including Pune, Mumbai and New Delhi.

    In this interview, he talks about:

    • Law school experience at ILS Law College
    • Starting up with ARP Associates
    • Journey from ARP Associates to OJAS Legal
    • Having business operational skills as opposed to skills of a lawyer to become a partner
    • Internship opportunities at ARP Associates.

     

    Were your sure about pursuing a career in the legal field from the beginning or  did you think of alternate career options?

    My father was in the judiciary, so ever since I can remember, I have been closely involved with the legal profession. I was brought up in an environment that saw court procedures, criminals and police as daily affairs. There was no alternative for me, truth be told – it was clear from the very beginning.

     

    What made your journey with ILS worth it? What is your take on extra-curricular activities and maintaining CGPA?

    After having the kind of childhood that took me from school to school in various cities every few years, thanks to my father’s transfers as a judge, ILS was the best kind of college I could have dreamt of.

    I loved making friends and made it a point to get to know as many people as possible in the college, regardless of what batch they were in.

    My extra-curricular activities included photography and organising events like moots and conferences. Memorably, in my fourth year, we did a research project that culminated in a National Level Conference chaired by Justice P N Bhagwati himself. Working on this project with the like of Soli Sorabjee, Harish Salve, Fali Nariman and Dalveer Bhandari was the high point of my years at ILS.

    So, while a good CGPA definitely helps, it isn’t the only thing that is going to take you to success.

     

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

    Honestly speaking, I wasn’t sure of an area of interest all through my graduation. Around the final year though, I started studying property law, sparked by some personal interest and its instinctive appeal to me. I also worked with a real estate development company in the same year, assisting them with acquisition and development work. The intricate ways in which property can be transferred and its lineage be traced back through the years – almost like a human bloodline – fascinated me immeasurably. In this pursuit, extra-curricular activities like research projects and moot courts definitely helped.

     

    Right after graduation, you co-founded ARP Associates and currently work as a Partner there. Was it pre-planned or it just happened during last year at ILS?

    The trio that founded ARP are batchmates from ILS. It so happened that after college, when we had all taken up our respective jobs, we realised that we actually wanted to be entrepreneurs – for the freedom of being able to call the shots. Also, it dawned on us that all three of us had complimentary areas of interest, which would allow us to cover more areas of service. And so, ARP was born.

     

    Please tell us something about “ARP Associates”. What are the main areas of practice  of the firm?

    ARP was founded around mid-2012, with the primary goal of becoming a multi-city organisation that provided one-stop services, to individuals and entities looking for a more solution-oriented legal experience, at an easier price point.

    Since we were a start-up, we took up all sorts of work, learning it on the go. But, we continued with a clear goal. ARP gradually developed into a full service law firm, focussing on corporate advisory and litigation support.

    Very Recently, we changed ARP Associates to OJAS Legal which is an umbrella organisation that provides legal support in 5 major cities including Pune, Mumbai and New Delhi. OJAS now covers more areas of work and has more associations and partnerships to ensure that our clients have a complete service experience. Our strength has been the personal touch we provide our clients in the service which has ensured that we have retained all our clients since the beginning.

     

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    What were the initial challenges you faced setting up your law firm and how did you get through them?

    Initially, the biggest challenge we faced was lack of experience! More, to be honest, our ‘lack of age’. People were reluctant to give us work in this field that is largely seniority-controlled, in which experience counts for more than capability, which is not entirely unjust. The work we got initially was from people who knew us. It came to a point where breaking even looked difficult and we started doubting the risk we had taken. Minor work here and there kept coming in, but not much was at stake in those cases. We had to execute these deliverables with impeccable perfection to ensure that we had some wriggle room moving on. But, one thing led to another and things turned around; our biggest support was word-of-mouth from clients.

     

    What is the most challenging or stressful part of being founder of a law firm? Is it easy to have a work-life balance?

    The challenging part of being a start up law firm is acquiring and executing work when your failure is a bigger possibility. The other side of the challenge is managing the human resources. Not many freshers want to work with you because you’re new, and since you’re new, you can’t pay them enough. This leads to partners having to multitask on all fronts, like work deliverables, client service, research and admin.

    Work consumes most of life – we are always available for retainer clients and emergencies. Long vacations are impossible and short one-day leaves become dearer. But today we are around three years old and have a stronger team and a presence in the industry which attracts new interns and associates. This has allowed us to be able to delegate work and duties but the burden of work keeps increasing with each day.

     

    How is the work culture at OJAS Legal? Are there new challenges every day or did work fall into a predictable pattern?

    The work culture in our office is quite strict, thanks to my partner Arpit Ratan, who is a total workaholic and a maverick in legal solutions. We are flexible about almost everything in administration, except client service. That is the one thing we are uncompromising about. There are new challenges literally every hour, because people come to us with issues regarding things even we aren’t too sure about. It is a continuous learning process for us partners, being on the field, liaising with government departments, researching, negotiating and strategising. Every other problem is full of surprises. Only the shock factor may have gone down slightly, but the number of surprises and problems has just increased.

     

    If an associate commits a mistake or an error what course of action do you follow as a partner?

    We are quite like a school when it comes to associates. An associate will be asked to sit with either of the Partners for an evaluation upon committing a mistake. S/he may be asked to repeat the work with more instructions, or review the partner’s work to learn for the future. We try to train associates to broaden their thought process and ask more questions. Our Firm believes in the power of dissent – the more the argument or questions on an issue, the better the solution.

     

    What kind of effort should a young associate put in to work to be appreciated? What distinguishes an associate from a partner when it comes to work?

    The associate has to reach a point of delivery at which the firm can directly forward their work to a client, with little or no changes. Mistakes in work are never the liability of an associate; the partner has to face the client about them. This is where the associate can start by thinking like the person who has to answer or face the music for delivering bad work. That’s the sign of a very efficient associate.

     

    What falls within the scope of your responsibility? Tell us about a usual work day.

    Most of my morning hours involve co-ordinating between our resources. The day’s to-do list has to be ticked off, and that means all the pieces need to fall in place. A major part of it is calling people and following up on their respective duties. A lot of the day is spent meeting people for different purposes – there could also be visits to client offices for various troubleshooting requirements. The end of the day is generally spent in office, reviewing the day’s deliverables from associates and researching; the partners also meet to discuss the next day’s scheduling.

     

    How important is it for a law firm partner to be good at business development, or are great advocating skills enough to become a partner?

    Business development is absolutely crucial to corporate law firms. Without clients, you would have no work and no growth. Great lawyering skills are definitely irreplaceable, but without good business development, they cannot reach their true, optimised potential. Meeting as many people as you can is the key to good Business Development.

     

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    How is internship helpful for a law student?

    During my college years, interning with big corporate law firms was a rage amongst the students. It isn’t a bad thing either, but what I strongly believe is that students should try for variation in the experiences they gather during college. Work at different levels of legal institutions to understand the system better. This varied experience will help you take a better decision during your final year. Internships are definitely important, as they are the only exposure to the practical application of our education during college years.

     

    Does your law firm take in interns? What do you look for in a prospective applicant?

    Yes, we do take in 2-3 interns for every month from different colleges or cities. The application procedure is the same as any other place – send us a mail and we will call you in for an interview. With the interns, the only qualities we look for are zeal to learn and some sense of responsibility. The applicant needs to treat this internship with due respect, as we allow more exposure to them than most places – for example, we have interns sitting in on client meetings and interacting directly with clients. We have had some pretty great interns over the past, some of whom even worked directly on client deliverables and qualified for the strict OJAS standards.

     

    Please share your experience of starting up with a law firm for the benefit of law students and young lawyers who want to start up on their own.

    All I would say is don’t be afraid of the difficulties. This profession has enough work and different strata of clients’ paying capabilities allow everyone to have their pick. Just be honest to your principles and keep working.

     

  • K K Sarachandra Bose, Senior Corporate Lawyer and Civil Rights Activist on the ‘Caste Eradication Bharat Yathra’ and value of social work

    K K Sarachandra Bose, Senior Corporate Lawyer and Civil Rights Activist on the ‘Caste Eradication Bharat Yathra’ and value of social work

    K K Sarachandra Bose is a corporate lawyer with experience in Dubai and various other jurisdictions over the last three decades. A member of the International Bar Association, he studied law from R.L. Law College Belgaum, Karnataka, and graduated in 1976. Currently he is a partner at Dal Al-Adalah Advocates & Legal Consultants at Dubai, and Bose & Bose & Nair at Cochin.

    Between all his commitments of being a lawyer, he has found out time and energy to pursue a very noble mission: Eradication of caste system in India. He plans to achieve this by effecting a paradigm change in Indian law through constitutional reforms. He is the author of the book “Caste Away – India, Hinduism and Untouchability.”

    In this interview he tells us about:

    • What prompted him to spread social awareness in India for 54 days and travel across 18,500 km.
    • Eradication of Caste Discrimination in India.
    • His second Bharat Yathra, i.e. the ‘Caste Eradication Bharat Yathra’ which starts today.

     

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    Our site is directed at law students and lawyers. How would you like to introduce yourself to our readers?

    I am a corporate, commercial and contracts lawyer practicing in Dubai and other jurisdictions for the last over 36 years; a member of the International Bar Association, visiting professor in International Business Law, legal columnist in several publications, addressed over 100 law seminars as a guest speaker; Chairman of Global Dialogue Foundation, and Unity in Diversity under the auspices of the United Nations Alliance of Civilizations since its inception in 2007 till date.

     

    Tell us about your years before law school. Were there particular childhood incidents that proved to be an inspiration for you?

    My childhood was all thrilling. Being born in a very rich family and my father being a Gandhian politician gave away almost all our wealth for the welfare of the society. We lost almost all our wealth and my mother had to sell her land to pay for my college fee. My father took care of the society but not his family and children. This prompted me to first take care of me and my family and then the society. I witnessed low and high caste among human beings during my childhood in my own house when my father served food to field workers, few workers were in an enclosed place and the rest, the vast majority in the open field in pits dug and leaves inserted. I was really pained to see that my own playmates were ill-treated.

     

    What inclined you towards legal education?

    I was good in mathematics and got admission for Engineering after passing pre-degree (12 grade) but though the college fee was paid, I left Engineering and got a job and then pursued BA as an external student and then law as an internal student in R.L. Law College Belgaum, Karnataka.

     

    What would you say were the instrumentalities of law school which helped to frame your career?

    I was a studious student, though a college gunda, in the words of my college principal. When our University Vice Chancellor cancelled the Carry Over Benefit (COB) without giving any prior notice, I took the lead and got his order reversed by the State Governor, Chancellor of the University.

     

    Our readers would be keen to know any specific incident which has driven you to become a social activist.

    From my childhood, I feel the pain if another person is hurt. While in Dubai during 1977 – 1990 period, I used to visit the labour camps with journalists and highlight to the government the pathetic living conditions of the labourers.

     

    What prompted you take up social activity and spread awareness for any grave social cause in a full time manner?

    (KK Sarachandra Bose is a corporate lawyer by profession and a partner at Dal Al-Adalah Advocates & Legal Consultants at Dubai and Bose & Bose and Nair at Cochin.)

    In the legal profession, I believe my clients like me so much and my opinion on corporate and contract matters are well sought by corporates of the highest order. But I always say, legal profession is for my bread and butter, my blood is social activism for the benefit of the society as a whole.

     

    Tell us about your whole journey/social drive in your own words.

    (He travelled across India for 54 days to promote the cause and covered around 18,500km along with his 30 member team and distributed books, free of charge, across the country.)

    My 54 day Jathi Nirmarjana Bodhavatkarana Sandesa Bharat Yatthra – 9 June to 1 August 2014 – was really a thrilling one. I visited the entire Shri Mahabharat including the North Eastern states which people say normally nobody visits. I could see and witness the ill effects of the evil caste system in my country. While in Rajasthan, I was told, by some local people considering themselves as low castes there, not to speak about the caste system as the upper caste people may come and harm me. I increased my volume and told very loudly that this is my country and nobody will dare stop me. Some people told me that they want to make the savarna people avarna and paint the buildings in Delhi with the same brush and paste that they are forced to carry every day to clean lavatories. I enjoyed huge support not only from the so-called lower caste people, but from the upper class who hates the caste system. In Tripura, the Buddhist Sangha there promised full support to eradicate the caste system from India.

     

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    You have authored a book “Caste Away – India, Hinduism and Untouchability”. What message did you intend to give to your readers through your book?

    My book “Caste Away – India, Hinduism and Untouchability” is the result of my 40 years of research, studies, discussions and conviction on the subject, caste system in India. I have gone through our history beyond the Vedic period, or to say, prior to Vamana avatar. I have seen, as if I were there, that we had a great past prior to the Vedic period and that was exactly the Brahmanism – Sathyamvada, Dharmamchara, Athidhi Devobhava. This Brahmanism has been killed and murdered in our country for the past over 5000 years and I am re-introducing it and I am asking everyone to adhere to it.

     

    How far would you say it is possible to eradicate the caste discrimination among Hindus and other religions from India?

    It is very easy to eradicate the caste discrimination among Hindus and other religions from India. We should understand that there was no caste system before 5000 years, there was no caste system before 300 years. Similarly, there was no Hinduism before 5000 years and there was no Hinduism before 300 years. Caste system which is an offshoot of Hinduism, in the words of our Hon’ble Supreme Court, originated during the British India rule and not before. We had colour system in India, the black skinned Adivasi aborigine people and the fair or white skinned aggressors. When I say, aggressors, please do not get confused as they are also our brothers and sisters from the same grandparents, Manu and Satrupa or Adam and Eve as called in the Western world. The whole issue in the world is the two skin colours, black and white skins. Slavery originated in our country 5000 years ago as the fair skinned aggressors enslaved the black skinned Sri Mahabharatvasis. Slavery went out from our country and spread as an epidemic in the whole world. Once caste system is abolished in the Hinduism which is the breeding ground of slavery, then all those who left and became untouchable Dalit Buddhists, Dalit Jains, Dalit Sikhs, Dalit Christians, Dalit Muslims etc., will all become Brahmins in its sense – Brahmjnane iti Brahmana.

     

    What type of feedback you were you receving from the people at large?

    Feedback from the people at large is tremendous. No one has ever told me that either he or she wants the caste system to continue. There are several letters of support in my file.

     

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    What are the main social causes in your priority list which you intend to promote through your second Bharat Yatra?

    (He is all set to start his second Bharat Yathra, ie, the ‘Caste Eradication Bharat Yathra’ which is commencing today on 9th May 2015.)

    In the Caste Eradicatin Bharat Yathra commencing on 9 May 2015, I will be conducting mass upanayanas in public in the presence of the five headed creator God Bhramadev representing the five elements of creation by priests well versed in pre-Vedic rites declaring all as Brahmins and thus remove that feeling of lowness in the minds of the people.

     

    Do you follow the ideologies or philosophy of eminent leaders like Mahatma Gandhi or Raja Ram Mohan Roy in regard to eradicate caste system?

    No, I do not follow ideologies or philosophies of any leader. I follow my heart and I have developed my own ideology. For instance, Shri. Mahatma Gandhi wanted to abolish untouchability by retaining the caste system. While Article 17 of our Constitution abolishes untouchability, several other articles in the Constitution reintroduces untouchability through the caste system. How can I follow such a tricky ideology or philosophy? That is why, I have loudly said, quoting several judgments of our Supreme Court, that our Constitution is tricky and there is fraud in our Constitution and it must be amended.

     

    Did you get any reply from The Centre or do you think the government will take any serious steps or preventive measures regarding the eradication of caste discrimination from India?

    (He also sent a notice to the Indian Government regarding the abolishment of caste system or to banish the caste system from India.)

    I did not get any direct reply to my notice from the Government. But I received several indirect replies and reactions from the Government such as, Janardan Dwivedi’s comments to stop caste based reservations and introduce economic based reservations and Sonia Gandhi’s rebuttal thereto; Mohan Bhagavat’s call to eradicate the caste system; world religious leaders calling for eradication of the Indian caste system by 2020; International Bar Association supporting me; Supreme Court lawyers supporting me; hurried Ghar Vapasi by some Hindu orgainzations in bringing the escaped people back to their earlier low caste or slave status; etc.

     

    Do you think you will be successful in complete eradication of poverty and casteism from India?

    I am a doubtless person. I will see the end of the caste system in the very near future. Government, I mean the Indian society, will have no option but to amend the Constitution and abolish the caste system.

     

    Did you get any positive response from there supporting your cause?

    (He has also organized seminars for Indians who visit Dubai and deliver lectures to help them understand the laws, rules and regulations of the country.)

    I am getting support from all quarters.

     

    Do you think every lawyer should devote some time towards any social cause and work on it?

    I do think that every lawyer should devote some time towards social causes. The lawyers unlike other professionals or businessmen, have the knowledge of the law and also have interaction with the laws, law makers and the law courts. When a layman is also not exempt from the knowledge of the law as law is considered universal, a lawyer has the privilege not only to know the laws but also to counter the laws if found unsuitable.

     

    Last but not the least, would you like to leave any message for our readers?

    I wish all your readers understand the basic human values and treat another human being as a human being, not as an animal as in the caste system based on the skin colour of the people.

     

  • J. Sai Deepak, Associate Partner, Saikrishna & Associates, on studying Law after Engineering, experience in IPR, and taking landmark cases to success

    J. Sai Deepak, Associate Partner, Saikrishna & Associates, on studying Law after Engineering, experience in IPR, and taking landmark cases to success

    J. Sai Deepak graduated from Anna University with Bachelors in Mechanical Engineering, after which he went on to pursue LL.B from IIT Kharagpur. After completion of law he joined Saikrishna & Associates as an Associate in 2009, where presently he has been promoted to an Associate Partner. He won the 2008 Legal Writing Competition of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) as a student and writes for his blog “The Demanding Mistress”. He has also authored papers in various exemplary journals.

    As a litigator at Saikrishna & Associates he led the team to many successes including the reading down of S.79(3)(b) of the Information Technology Act and the Intermediary Rules; representing Greenpeace India successfully in Tata Sons v. Greenpeace International & Anr.

    In this interview we talk about:

    • Choosing law after completing engineering at Anna University.
    • Work profile at Saikrishna & Associates
    • Winning the 2008 Legal Writing Competition of International Association for Advancement of Teaching and Research in Intellectual Property (ATRIP)
    • Leading the team which represented the Internet and Mobile Association of India before the Supreme Court.
    • Representing Indian mobile brands such as Micromax and Intex in the suits for patent infringement filed by Ericsson

     

    Given that most of our readers belong to the legal fraternity, how would you introduce yourself to them?

    I am a first generation lawyer, an engineer-turned-general litigator with core competence in Intellectual Property Law and allied areas.

     

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    Having graduated with a Bachelors in Mechanical Engineering, what motivated you to switch streams and pursue law at IIT Kharagpur?

    My dream was to pursue a Masters in Aeronautical Engineering after under-graduation, but in the penultimate semester of engineering (2005), I was in IIT Kharagpur to present a paper in a technical symposium organized by its Industrial Engineering department. It was in the inaugural speech by the then Director of IIT Kgp, Shri Shishir K. Dube, that I first heard of the new LL.B. programme which was set to commence the following year, in 2006, in IIT Kgp’s Law School known as the Rajiv Gandhi School of Intellectual Property Law. I read up more on law and realized that although I took up engineering by choice, my future lay outside of it in a profession which involved understanding and dealing with people. This was perhaps because I have always had a deep interest in history, current affairs, politics and policy and I wanted to contribute in some tangible way to at least one of these areas.

    These interests, coupled with my passion for debating and public speaking, made law seem like the logical choice. The choice did not seem that logical to quite a few well-wishers. In fact, the Head of the Mechanical engineering department of my college was utterly shocked and urged me to reconsider my decision. But by then the legal bug had bitten and today I am happy I took the headlong plunge into law. As for the choice of Law School, most engineers have a soft corner for the IIT brand and this may have sub-consciously influenced my decision to study at IIT Kgp, despite the fact that the LL.B. programme was nascent.

     

    How did you get through to the LL.B programme of IIT Kharagpur?

    The LL.B. programme at IIT Kgp is limited to graduates with a first degree in science or technology or medicine. For the first batch in 2006, a Statement of Purpose had to be sent along with the application form for the entrance exam, then known as the National Aptitude Test. The Test had sections on quantitative aptitude, verbal aptitude, GK and a few fundamental questions related to the law. This was followed by a Personal Interview and candidates were selected based on cumulative scores. This being the first entrance exam for a newly established Law School, I am not sure the number of applicants was remotely comparable to other post-graduate entrances in India like GATE and CAT. I got through the entrance and the other rounds based on my preparation for engineering placements. The current process of admission to the Law School, I believe, is different.

     

    Our readers would like to know briefly about your blogpost which made you popular in the legal fraternity. Also, what made you take up blogging as a law student?

    (Sai frequently writes on his blog “The Demanding Mistress”. As a law student, his blogpost on the Bajaj-TVS patent dispute was quoted and was relied upon by a Division Bench of the Madras High Court to reverse the findings of the Single Judge.)

    Blogging happened to me in a very serendipitous way and largely because of dearth of opportunities to moot. Since we were students of the first batch of a fledgling Law School, there wasn’t a mooting culture back then and it was a challenge to kick-start one given the teething troubles anynew Law School typically faces. So three of us, Nikhil Ranjan, Ashwani Balayan and I,thought it would help to organize a moot court competition (“Verdict”) in our second year in our Law School (2008) and learn from the participants by observing them moot. In the process of inviting people to judge the moot, I was directed by Yogesh Pai (now a Professor at NLU,Delhi) to SpicyIP. I came across a few posts on the Bajaj-TVS patent dispute. However, no techno-legal analysis had been undertaken in those posts.Being a mechanical engineer with a tentative understanding of the law, I volunteered to write my first post on SpicyIP analysing the issues in dispute, keeping both technical and legal jargon to the minimum.In the process, I realized that blogging, and writing in general helped me unclutter the thoughts in my head and helped me articulate my views with greater clarity. Also, compared to mooting which requires a fair amount of resources on a regular basis which I couldn’t have afforded, all that blogging needed was access to the internet and the will to read up and write.Importantly, I felt blogging gave me access to a much wider audience. All these got me hooked to it.

    After my graduation from Law School when I was back home preparing to leave for Delhi to join the profession, I got a call from a friend of my mine from Law School, Arindam Roy Chowdhury, who congratulated me for being cited in a decision by the Madras High Court, which I dismissed as a prank. When I opened my email account later in the day, it was flooded with congratulatory mails and messages. It turned out that my maiden blogpost had indeed been relied upon to vacate the interim injunction granted against TVS Motors. I was told (although this hasn’t been verified) that this was one of the few instances where a law student’s work had been relied upon by a Court.

    In December 2010, I founded my own blog “The Demanding Mistress” where I continue to write on innovation, IP Laws, Competition Law and policy.

     

    What role do publications play in the life of a lawyer? What, in your view, are the few most important skills that law students should strive to acquire in order to write papers/articles effectively?

    (As a law student, Sai won the 2008 Legal Writing Competition of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP). He has also authored various papers in many reputed journals such as Max Planck Institute’s International Review of Intellectual Property Law and Competition law.)

    I think clear writing is a skill that every lawyer is expected to possess and must possess. Writing really tests the degree to which one has internalized a subject and its spirit, because the clarity with which you write is reflective of your grasp of the subject. Publications in peer-reviewed journals convey the message to prospective employers and clients that you are confident of articulating your views and subjecting them to the scrutiny of a better-informed audience. It also prepares you for legal drafting when you start practicing.

    I strongly believe voracious and rigorous reading is imperative for effective writing. If you write more than you read, your writing will suffer from paucity of depth and eventually you are bound to run out of topics to write on.Also, a lawyer must know how to cater to different kinds of audiences. After all, writing for a newspaper on a legal issue is not the same as writing on a specialist blog. Importantly, when a lawyer reads or writes, his/her individual personality and training as a lawyer must come to the fore.

     

    Soon after graduation, you joined Saikrishna & Associates in 2009 and were made Associate Partner recently. How did you secure your appointment?

    My entry into the Firm was not through campus placements. In fact, I sat out of the campus placements because at that time, no litigation firm approached the Law School for recruitment. Fortunately, two things happened- first, through a combination of circumstances in which the founder of SpicyIP, Shamnad Basheer, had a role to play, I was working on the Firm’s first two patent matters in my final year in Law School. So Mr. Saikrishna Rajagopal had an opportunity to assess the quality of my work and was kind enough to offer a position in the Firm’s litigation team. Second, around the time I graduated, Mr. Gopal Subramanium, who was the Solicitor General then, too had offered a position in his Chambers. Since I wanted to gain experience in trial practice and was already familiar with Mr. Saikrishna’s style of functioning, I accepted Mr. Saikrishna’s offer.

     

    For a law student, it’s very difficult to think of becoming an Associate Partner under six years of joining the profession. What would you say helped you gain recognition?

    I’d largely credit my learning to the opportunities Mr. Saikrishna has been large-hearted enough to share. He believes in teaching through empowerment, which is at the heart of the Firm’s culture. Although this means greater responsibility in the initial years, it helps you understand the ropes of the profession faster. Plus, what I am particularly thankful for is the freedom I have, to write on any issue I wish to, so long as there is no conflict of interest. This freedom matters a lot to me personally and professionally, and I am aware of the fact that this is hard to find in a law firm set up.

    I would be remiss if I did not mention how fortunate I am to have had brilliant colleagues right from my first year who enjoy discussions on the law. No question or issue is dismissed as being “too academic” or trivial. It’s a very vibrant atmosphere which is what attracts interns and makes them want to be part of the Firm. Also, one of the key strengths of the Firm is the camaraderie shared by its members, which makes one look forward to go to the Court or office each day. To me, each of these factors affects individual success when you work in a law firm.

     

    What does an Associate Partner at a Law Firm like Saikrishna and Associates do? What falls within the scope of your responsibility? Tell us about a typical work day.

    At least 3-4 days in a week, I am in the High Court for the better part of the day when the litigation season is on. After I am done with my matters for the day, I usually stay back in the Chamber to prepare for the next day or to send out opinions to Clients or to meet them. The advantage of the Firm’s flexible work hours is that one’s time is productively spent in attending to work regardless of where one is, instead of wasting it in commutation. Apart from handling matters that have been assigned to me, I contribute my mite to diversifying the litigation practice of the Firm by taking up matters which may have nothing to do with IP at all. For instance, I have a personal interest in taking up criminal matters, particularly those that relate to economic offenses, before CBI Special Courts. Fortunately for me, the Firm encourages such initiatives and my efforts on this front have thus far been reasonably successful.

     

    You have a few landmark judgments to your credit, two of which are Tata Sons v. Greenpeace and Basmati Geographical Indication case. Kindly elaborate in brief on these two cases for the benefit of our readers.

    We were engaged by Greenpeace India to represent it in Tata Sons v. Greenpeace International & Anr. in 2010, which was my second year of practice. The Suit revolves around Greenpeace India’s use of the Tata trademark in its Pacman-styled game Tata v. Turtles as part of its awareness campaign on the dangers posed by the Dhamra Port in Odisha to the nesting grounds of Olive Ridley turtles. Tata Sons alleged infringement of its trademark and defamation. The case throws up fascinating issues relating to interplay between free speech and IP rights, apart from an examination of the defense of fair comment under Indian law to an allegation of defamation. In January 2011, Justice Ravindra Bhat dismissed Tata Sons’ prayer for interim injunction and upheld the defense of fair comment on the issue of defamation and Greenpeace India’s right to use the Tata trademark in exercise of its free speech. Subject to correction, I think this decision was the first of its kind in an IP context in India and has been hailed as a landmark in several advanced IP jurisdictions. The matter is set to be taken up for final arguments in the near future.

    The Basmati Geographical Indication case relates to oppositions filed by the State of Madhya Pradesh and private entities from MP to the application for GI on Basmati filed by Agricultural and Processed Food Products Export Development Authority (APEDA). The oppositions were based on non-inclusion of the State of Madhya Pradesh as part of Basmati-cultivating regions in India. On December 31, 2013, the GI Registry upheld the contention of the opponents and directed the inclusion of the State of Madhya Pradesh in the GI Application on grounds that APEDA’s basis for identification of Basmati cultivating areas in India was flawed and not rooted in history and facts. The decision has been appealed against by APEDA before the Intellectual Property Appellate Board (IPAB), which is pending adjudication.

     

    You are also representing Indian mobile brands such as Micromax and Intex in the suits for patent infringement filed by Ericsson. Could you give our readers a broad overview of the suits?

    Broadly the suits relate to Ericsson’s allegation of infringement of what it claims are “Standard Essential Patents” relating to the GSM standards used in mobile telecommunication. The validity of the patents asserted and the claim of essentiality have been challenged by the defendants. Critically, the conduct of the patentee has come under scrutiny by the Competition Commission of India for prima facie abuse of dominance under Section 4 of the Competition Act, 2002. The suits and the proceeding before the CCI are sub-judice. These suits raise issues which Indian Courts and the CCI have never had the occasion to deal with in the past. In the process of handling these matters, we have discovered several facets of IP and anti-trust law and their relationship. Personally, the learning has been great.

     

    Section 79(3)(b) of the IT Act has been read down by the Court in the Shreya Singhal decision. Could you share with our readers the significance of the decision for internet companies?

    (Sai led the team which represented the Internet and Mobile Association of India before the Supreme Court in the constitutional challenge to the intermediary liability regime under Section 79(3)(b) of the Information Technology Act and the Intermediary Rules. Mr. Saikrishna Rajagopal was the counsel for the petitioners.)

    Ours was the only petition which challenged the constitutional vires of Section 79(3)(b) of the IT Act. Under the original provision prior to it being read down by the Hon’ble Supreme Court, an intermediary was expected to take down content based on “actual knowledge” received from private parties of the unlawfulness of the content hosted by it. Given the vague nature of the term “actual knowledge” and the onerous obligation cast on intermediaries by the use of the term, the Apex Court read this down to mean actual knowledge of a Court order which directed take down of the content. This ensures that intermediaries do not have to act like Courts and adjudicate on the legality of content hosted on their sites.

    The second limb of the challenge was to the ability of the Government to seek take down of content which was used for commission of an “unlawful act”. The term “unlawful act” went beyond the limitations imposed by Article 19(2) of the Constitution on the Government’s power to curb free speech and expression. Consequently, the scope of “unlawful act” in the context of free speech was limited to categories of prohibitions spelt out in Article 19(2).

    The reading down of Section 79(3)(b)is significant owing to the integral nature of intermediaries to the internet ecosystem and the role they place as disseminators of free speech and expression of internet users. Importantly, certainty in the application of the law is important for any business, and the business of intermediaries is no exception to this requirement.

     

    How does it feel to have landmark judgments to your credit? Do you think achievements like this can change one’s recognition drastically?

    It certainly feels good to have been part of such decisions. I’d like to clarify that each of these decisions is the consequence of the collective effort of the team.

    Yes, decisions such as these help increase one’s credibility as a litigator and make it relatively easier to be considered for matters involving higher stakes. That said, regardless of the outcome, what truly helps improve one’s credibility and visibility is the quality of preparation and execution in the Court since the result in beyond your control.

     

    You have been invited by several forums in India and abroad to present your views on IP developments in India. Please share your experience in speaking on various platforms.

    Based on my experience, I think, similar to writing, the nature of the audience must be taken into account when you address a forum. I have also realized that to connect effectively with a non-legal audience, it is important to keep the legalese at a minimum and highlight the broad policy implications of a legal issue. Also, as litigators, it helps to listen to multiple viewpoints from members of the industry, academics and policy analysts because these may come handy in lucidly putting forth a complex issue before the Court.

     

    Would you say you have “specialized” in IP law? What made you interested in the same? How do you say one can gain expertise in IP Law? What does it take to be a good IP lawyer?

    I’d never say that I have “specialized” in IP Law, which is why I introduced myself as an engineer-turned-general litigator with core competence in Intellectual Property Law and allied areas. For me, IP law is just another branch of commercial law with its own peculiarities like any other area of the law. The path to attain proficiency in IP law is similar to any other branch of law, which is to read as widely and deeply as possible, and to develop the ability to apply the law to the factual matrix of a given case. Critically, for anyone to acquire expertise in commercial litigation, strong foundations in property jurisprudence and common law are a must, along with command over procedural law.

     

    How different has the three-year program been when it comes to internships? How are internships helpful for a law student?

    Since ours was a three year program, there weren’t as many opportunities to intern as in a five year integrated program. Plus, I never interned in a law firm because I had very little understanding of the concept of a firm and the option didn’t sound great to me. However, I did make it a point to acquire diverse experiences by first interning at IIM Ahmedabad and National innovation Foundation, followed by GE’s John F. Welch Technology Centre in Bangalore. These internships helped me understand the theoretical and practical aspects of innovation. I do believe internships, if rightly chosen, help a student understand her/his own strengths, weaknesses and career aspirations.

     

    What are the qualities which Saikrishna & Associates look for in a typical CV? What do you feel makes an intern stand out and is very important for him/her to do to have a chance of getting a call back or even a PPO?

    At Saikrishna & Associates, the pedigree of the Law School does not matter, nor do the achievements claimed in a CV. What matters to us are initiative, conceptual clarity, the ability to write/draft crisply and the ability to marshal arguments in support of a proposition through research and logic. If a student performs well on at least some of these counts, subject to vacancy, we offer a position in the Firm. Most of our litigators have come through internships and not campus placements.

     

    What would be your advice to students interested in litigation?

    For anyone who wishes to take up litigation, I’d say patience and hard work are equally important because unlike transactional practice, litigation takes time to reward. But when it does, the thrill is just incomparable. In a nutshell, treat litigation as a marathon run and not a 100-metre dash. Also, it would help to be comfortable with general areas of practice and be good at atleast one area of practice, which is not the same as restricting oneself to a specialist area.

     

  • Munish Mehra, Partner, Saikrishna and Associates, on specialising in IPR, changes in career, tips to associates and interns

    Munish Mehra, Partner, Saikrishna and Associates, on specialising in IPR, changes in career, tips to associates and interns

    Munish Mehra belongs to the first batch of NLIU, Bhopal (Batch of 2003). After graduation he joined AMSS as an Associate for 9 months before switching to Anand and Anand where he subsequently became a Managing Associate. Thereafter, he joined Luthra & Luthra Law Offices as a Managing Associate. In January 2014, he joined Saikrishna and Associates and within 11 months, he was promoted to Partner. In this interview he talks about:

    • Academics and specializing in IPR Laws
    • Working at full service law firms and boutique law firms
    • Tips on converting internships to a PPO

     

    What brought you into studying law? Was it fate or plan?

    My foray into studying law was totally unplanned as I do not come from a legal background and am a first generation lawyer. I heard of the National Law School at Bangalore for the first time in 1998 through a friend who happened to be studying there. As luck would have it, the National Law Institute University was set up at Bhopal in the same year that I graduated from school i.e. 1998. I gave the entrance exam for the university, got through and things moved ahead from there.

     

    Please tell us a little about your law school days at the National Law Institute University, Bhopal? How were you at academics?

    As a part of the first batch of NLIU, Bhopal, I think all of us were a little sceptical about how the university would develop in the future. I still remember the first day of the academic session in September 1998 when we started from a premises which had been rented by the Government for the University and we set up the tables and chairs ourselves in a little classroom and got down to studying law. What helped in the initial trimesters was the inclusion of various BA subjects such as sociology, history etc which helped us to get into the groove so to speak before moving onto hardcore legal subjects. I was a relatively good student through my years at the University and finished in the top five of my class when we graduated.

     

    How important do you say is a good CGPA for an illustrious legal career?

    The importance of a good CGPA has increased over the years with the advent of numerous law schools coming up in various other states. However, I firmly believe that to have a good career in the legal profession, a good CGPA is just one element which plays a part in the making of a good lawyer.

     

    You have specialized in IPR law. What made you interested in the same? How do you say one can gain expertise in IPR Law? What does it take to be a good IPR lawyer?

    In the first couple of years at the University, a few seminars and moot courts were organized focusing on IPR law which played a major part in me developing an interest in IPR law. We had not yet studied IPR law till then as they were a part of the 4th year subjects. I then did two internships with Anand & Anand at the end of my 2nd and 3rd years which give me an insight into how IPR law actually works in the real world. The process of gaining expertise in IPR law or becoming a good IPR lawyer is no different from any other branch of law and requires one to be able to grasp the issues involved in the case at hand which forms the basis of your claim or defence, as the case may be, and presenting a well drafted and argued brief before a Court.

     

    You started your career at AMSS as an Associate. How did you secure your appointment? How would you describe your experience working there?

    I was recruited by AMSS pursuant to the first campus placement which happened at the University at the time the first batch was about to pass out. In fact, AMSS was the only law firm which came for the placement of our first batch and two people were recruited by the Firm. Working at AMSS was an interesting experience as even at that time it was considered to be the best full service law firm in India. My area of work involved general corporate commercial advisory and transactions. I think the biggest takeaway from my tenure at AMSS was that it made one realise that there is a sizable difference between studying subjects theoretically in law school and their application in real world deals and transactions as there are so many practical facets and situations which one is not exposed to while studying subjects in law school.

     

    After 9 months of work at AMSS, you switched to Anand and Anand as an Associate and later worked as a Managing Associate there. You also had the oppurtunity to work at Luthra & Luthra Law Offices as a Managing Associate. Please share your experience at both these place.

    It was a conscious decision to make the shift from AMSS to Anand & Anand as after a while I realised that my real interest lay in practising IPR law even though the initiation into the real legal world through AMSS held me in good stead in the coming years. I worked at Anand & Anand for nearly six years during the course of which I led the anti-piracy and anti-counterfeiting practice at the firm and had a wonderful time doing so. Luthra & Luthra posed a new challenge in terms of setting a new practice area from the ground up and it was an interesting experience to go back to a full service set from a boutique firm.

     

    Also, was there any difference in the work environment of these two law firms, considering the fact that Anand and Anand mainly deals with IPR law whereas Luthra & Luthra is a full service law firm?

    The work environment of a full service and boutique firm does vary to a large extent. The environment in a boutique firm tends to be more informal and due to a lesser number of individuals, helps in developing interpersonal relationships faster. A full service firm environment on the other hand is much more regimented and necessarily so because of the sheer number of people working there. Therefore, it does take some time to get used to it if you have joined from a smaller setup.

     

    What qualities do you think helped you for promotion to Managing Associate at Anand and Anand & Luthra and Luthra Law Offices?

    It was a combination of factors such as developing an expertise in my practice area and being able to handle matters competently and independently relatively early in my tenure at Anand & Anand. Most importantly, it helped that I was able to develop a rapport with the clients I worked with regularly so that when the time came for elevation to Managing Associate, clients were more than happy with me leading their matters on a regular basis without requiring a supervising partner. Consequently, my team reported directly to the Managing Partner of the firm.

     

    You were made a partner at Saikrishna and Associates in just Eleven months of work. What would you say helped you to join the ranks of a Partner?

    In January, 2014, I joined Saikrishna and Assciates as an Of-Counsel and within 11 months, I was promoted to the ranks of a Partner. So to say, yes, I was made a partner in Eleven months.

    Well I was a lateral hire from Luthra & Luthra having spent three years independently handling my own team and servicing the clients which had given me work when I shifted from Anand & Anand. I guess the ability to service clients professionally, train a team from the ground up, manage them and independently run successful campaigns on behalf of various clients were factors which led to me being elevated at a Partner at Saikrishna & Associates.

     

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    What kind of effort should a young Associate put in to work to get it appreciated? What distinguishes an Associate with a Partner when it comes to work?

    At an associate level, the requirements are relatively simple in terms of being totally aware of the factual matrix of the matter, doing diligent and through research, being reasonably acceptable at drafting and being disciplined at the work place. If an associate is able to display the abovementioned qualities, any firm would be more than happy as nothing more is expected. The deliverables as expected from a Partner are totally different as he or she is expected to provide strategic advice and guidance to a client on a particular matter or campaign, monitor and supervise the work done by associates, and also ensure that billing targets as given by the Firm are met by his team and recoveries happen in a timely manner.

     

    What does a Partner at a Law Firm like Saikrishna and Associates do? What falls within the scope of your responsibility? Tell us about a typical work day.

    A Partner at Saikrishna & Associates is responsible for supervision of matters handled by his or her team, appearances before various Courts, providing strategic advice in relation to matters, reviewing opinions and memos as required by clients from time to time on various legal aspects, ensuring that billing targets are met by the team and also developing and bringing new work into the Firm. A typical day involves either going to Court for matters as listed, or coming into the office and handling various miscellaneous work such as reviewing opinions, legal pleadings, client meetings and telecons. The Firm does a lot of outstation matters which usually involves travelling to various courts across states and either a Partner or Senior Associate/Associate does that depending upon the importance of the hearing and the complexity of the matter.

     

    How important is it for a Partner of a law firm to be good at business development, or are great lawyering skills enough to become a partner? What separates the people who become Partner from those who don’t?

    Different people have different skill sets and not every Partner in a law firm is a rainmaker. It is of course beneficial for a Partner to be good at business development as that helps in the overall growth of a Firm but at the same time it is important to have senior people in the Firm who are able to handle the day to day supervision and functioning of their respective departments thereby contributing to the overall efficiency and quality of work done by a Firm. I think the ability to handle and supervise complex matters, manage teams independently, provide strategic but practical advice to clients and having the ability to develop long standing relationships with clients which generate revenues for the Firm is what separates people who become Partners from those who don’t. That is not to say that other individuals are not equally important as human talent and expertise is the most valuable resource of a law firm and that is what gives a firm its “reputation”.

     

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    How is the work culture at Saikrishna and Associates? If an Associate commits a mistake or an error what course of action do you follow?

    Saikrishna & Associates has a great and innovative work culture which is quite different from the regimented schedules which some firms insist upon. The focus of the Firm is on “client delivery” and empowering individuals to be responsible for their work product. The result is that you find Associates as well as Partners being happily available to clients 24/7 which is much appreciated. I think the way a Firm deals with a mistake by an Associate is reflected by how its senior people deal with such a situation and in that sense the Firm has preferred to explain the error rather than “shout” at an Associate for committing a mistake.

     

    What are the other areas of study which you think that a law student wanting to excel as a professional in the field of IPR should be proficient in?

    I think it’s important for a lawyer to keep abreast of as many developments in law as possible as you never know on which facet a client may need urgent advice. An IPR matter may involve a taxation or royalty aspect one day or a criminal law aspect another day. Therefore, it’s very difficult to pinpoint any other branch of law which a lawyer must focus on to be proficient in the field of IPR.

     

    What changes has being a Partner brought into your life, do you ever feel that there is excess of work load on you? How do you manage to strike a balance between your personal and professional life?

    Being a Partner does bring added responsibility as you are ultimately responsible to the client for the work product turned out by your team. A Partner, as mentioned earlier does have to make efforts to bring in new clients into the Firm for its overall growth and development. The culture of the workplace makes a huge difference in being able to maintain a balance between work and personal life while a lot of firms may say that they place a great emphasis on the work life balance of their lawyers, our Firm does actually walk the talk so to speak.

     

    The trend is now on gathering various internship experiences at different places. Was the scenario same while you were pursuing law? How is internship helpful for a law student?

    The number of internships as done by students now, are a lot more as compared to when I was in law school. It’s not uncommon to find ten to twelve internships on a CV these days while we used to do one internship a year. An internship is very useful for a law student as you are exposed to so many practical facets of actual legal practice which is impossible to experience in law school. However, it is important to focus on the type of internships which a law student does during his law school years as the quality of internships are more important than the quantity on a CV.

     

    What is the procedure to apply for an internship or recruitment at Saikrishna and Associates? What are the qualities which they look for in their prospective employees?

    We have a Partner who is in charge of internships at the Firm. Prospective internees send their resumes to our HR department pursuant to which the Partner decides the internships to be granted for a particular period. We take special care not to overstuff the firm with a lot of interns at any given time to ensure that all interns get quality exposure to the work being done at the firm.

     

    What do you feel makes an intern stand out and is very important for him to do to have a chance of getting a call back or even a PPO? How do you think interns can get noticed in a positive way in the limited time they have?

    It’s important for an intern to be diligent and disciplined at his or her work. Reasonable oral and written skills, a decent knowledge of first principles and the ability to research properly is what makes an intern stand out from the crowd so to speak. It’s also important for internees to do at least a one month internship to enable the Firm to assess their capabilities as a 10 or 15 day internship, which some students do today to increase their tally of internships doesn’t really help in them either learning anything about the Firm or increasing their chances of getting a PPO.

     

    What would you suggest to someone who is preparing to work with an IPR law firm? What are the basic subjects which one should read and have understanding of before sitting for an interview?

    If an individual is interested in working for an IPR boutique firm then it’s advisable to be aware of the “first principles” and basics of IPR law in relation to Copyrights, Trademarks, Patents etc. An awareness of recent developments in the field of IPR is also very helpful and there are various online blogs and commentaries which regularly report such developments and recent case law.

     

    The question that whether one should specialise in a particular area of law or be more of a general lawyer often comes up before law students. What is your opinion on the same?

    It depends on the type of practice an individual wants to do. As an independent practitioner, it’s necessary to be conversant with various areas of law be it civil, criminal or even company/corporate law litigation and advisory. A lawyer in a law firm will typically specialize in a few areas and will be known in the profession for his expertise in those areas. I have come across very few lawyers working in law firms who can claim to be masters in all fields.

     

    Is there anything you would like to have done differently?

    I think every experience and decision teaches you something new which makes you a better person and professional. So to sum it up, I really would not have done things differently. There is still a long way to go and lawyers never retire anyways!!

     

    Where do you see yourself ten years down the line? Do you aspire to be like somebody from this field?

    Ideally sitting on a beach and relaxing!! On a more serious note, one would like to be someone known in the profession as an individual who is dependable, experienced and sought after. Every lawyer likes to be well known and let them not tell you otherwise. I really don’t aspire to be like someone. I would rather be known as myself ten years down the line.

     

  • Shantanu Sahay, Partner, Anand & Anand, on work experience in IPR and journey from Associate to Partner

    Shantanu Sahay, Partner, Anand & Anand, on work experience in IPR and journey from Associate to Partner

    Shantanu Sahay graduated from National Law Institute University, Bhopal in 2007. With an in-depth knowledge and interest in IPR laws, he joined the litigation team of Anand and Anand as an Associate in 2007. With his work, acumen and diligence, he was quickly elevated to the rank of a partner in June, 2014. We asked him to share his work experiences and career moves with us.

    In this interview, he tells us about:

    • Law School experience at NLIU, Bhopal
    • The journey from an associate to becoming a partner at Anand & Anand
    • Work at a top IPR Law Firm
    • Important skills of a lawyer and a partner

     

    What brought you into studying law? Was it fate or plan?

    I belong to a family of lawyers. In fact, I am the fifth generation lawyer from my father’s side. My father is still a practicing advocate at the Patna High Court. Also, both my grandfathers have been lawyers. Being born in a family full of lawyers, I definitely had some sort of a natural inclination towards this field and in view of this; it was very much a matter of fate too.

    However, I was also impressed by the concept of five years integrated law school course such as NLS, NLIU, NALSAR etc and thus I decided to sit for law school entrance examinations.

    I had the chance to score rank one at the all India entrance examination for NLIU, Bhopal in 2002 and therefore I decided to join it.

     

    Please tell us a little about your law school days at the National Law Institute University, Bhopal?

    I was in NLIU from 2002 to 2007 and it was one of the finest days of our lives.

    NLIU offered everything which we aspired as law students. From academics, sports, library and other infrastructural facilities, NLIU was just fantastic. It was five years full of fun and was a world in itself. I made a lot of friends at law school.

    Also, because it was an on campus residential set up, we used to have a lot of activities after college hours. Debating, sports, dramatics, moot courts etc gave us a lot of exposure in shaping our outlook towards life in general and legal profession is particular.

     

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    How important do you say is a good CGPA for an illustrious career in legal?

    I would say fifty-fifty. Obviously, good CGPA is an indicator of how much hard work you put in into your academics at law school.

    Also, from the perspective of campus placement, having a good CGPA always stands to be an advantage. But that does not mean that a good CGPA will guarantee an illustrious career.

    Your performance at the law school is totally independent of your performance as a professional. In fact, there have been a lot of cases where a lot of law students who were not that high graders in law school performed really well after they joined the profession.

     

    You have specialized in IPR. How do you say one can gain expertise in it? What does it take to be good in IPR?

    I got interested in IPR from my first year itself. In the boys hostel during my first year I used to live around my seniors who were interested IPRs. They used to write various articles and do a lot of research work in various field pertaining to IPRs.

    Initially, I used to help them with their researches and it is from there my interested in this particular field of law took off.

    All my internships, publications, moots etc used to be in IPR. In fact, my resume was so much IP specific that I was not even short listed for any corporate based law firms during my final year. I interned at Anand and Anand in 2007 and joined the firm that very year.

     

    You joined Anand and Anand as an Associate in 2007 and became a Partner in 2014. For a law student it’s very difficult to think about becoming a partner in just seven years of joining work. What would you say helped you to join the ranks of a partner?

    I was inducted in the litigation department at A&A and was involved with the IT and E-commerce law practice group. The partner who was heading this vertical went on to become a client. From 2010, I started heading this practice and in 2014, I was called into partnership as the partner-in-charge of this vertical.

     

    What kind of effort should a young associate put in to work to get it appreciated? What distinguishes an associate with a partner when it comes to work?

    Execution of the assignments in a diligent manner is the mantra. Hard work and dedication really pays well and associates are recognized very well in terms of their visibility and their importance in a team.

     

    What does a partner at a Law Firm like Anand and Anand do? What falls within the scope of your responsibility? Tell us about a typical work day.

    As an in-charge of this practice, come a lot of responsibilities, targets and travels. You are responsible to the clients as well as the internal senior leadership. To add, there are also expectations in terms of getting new clients to the firm. These tasks are challenging but fun at the same time.

    Normally in the first half, I go to the Delhi High Court where I attend to my matters along with the team. Then I come back to office (which is in Noida) around lunch time. Post lunch is usually allotted for client meetings and conference calls. In the evening, I respond to all my emails and prepare for the matters listed the coming day. I try to leave office by 9 pm.

     

    How important is it for a law firm partner to be good at business development, or are great lawyering skills enough to become a partner? What separates the people who become partner from those who don’t?

    As a partner, it is important to engage in Business Development. Especially, as in charge of the vertical, I have been doing BD for a long time now. Rain makers in these law firm structures are always valued by the senior leadership and also increase chances for further promotions. One has to understand that partnership also has its own growth path.

     

    How is the work culture at Anand and Anand? If an associate commits a mistake or an error what course of action do you follow as a partner?

    Anand and Anand has a fabulous work culture. This is one place where performance takes precedence over seniority. Associates work in a relaxed environment and have a lot of independence and exposure to various challenging legal issues.

     

    What changes has being a Partner brought into your life, do you ever feel that there is excess of work load on you?

    Not much difference I should say. Work load remains same but responsibilities have increased. Travels have increased and so have client interactions.

     

    How is internship helpful for a law student? Esp. from the viewpoint of Anand & Anand?

    Anand & Anand in true sense takes internships very seriously and for us an intern is a potential recruit. Internships are important as they can give the real world experience to a law student as to how their life would somewhat be after they pass out from college.

    Internships, if done diligently can result in recruitment as has been my case.

     

    What are the qualities you look for in an intern at Anand & Anand?

    Hard work, dedication and having a right kind of attitude in terms of taking on assignments from their reporting teams. More than possessing the knowledge of law, it is important to have the right kind of aptitude in terms of knowing where to look for an answer to a legal proposition. Possessing soft skills, knowledge of how to use legal search databases such as SCC online, Manupatra etc. Overall the ability to work hard towards completion of an assignment.

     

    What do you feel makes an intern stand out and is very important for him to do to have a chance of getting a call back or even a PPO?

    Good performance is always noticed and a second application is accepted or a PPO is offered.

     

    What would be your message to our readers who are budding lawyers and law students?

    • Have the right kind of attitude towards profession.
    • Money should not be the first criteria in terms of choosing a particular field of law.
    • Give time to your profession and follow your professional ethics.
    • Be persistent and patient. Read a lot.
    • Keep informed about what is happening also at the policy and economic level which has bearing on your field of law.
    • Most importantly, work hard.
  • Raghavan Ramabadran, Partner, Service Tax & VAT matters, Lakshmikumaran & Sridharan, on being a Chartered Accountant and Lawyer

    Raghavan Ramabadran, Partner, Service Tax & VAT matters, Lakshmikumaran & Sridharan, on being a Chartered Accountant and Lawyer

    Mr. Raghavan Ramabadran is a Partner at Lakshmikumaran & Sridharan. He currently heads the Service Tax and VAT practice of the Chennai and Hyderabad branches of LKS. He pursued a C.A. degree while simultaneously pursuing a B.Com course from Vivekananda College. His interest in taxation led him to join LKS after qualifying as a C.A. He further pursued a law degree from Law Centre II of Faculty of Law, Delhi University (“LCII”) while working at LKS itself.

    In this interview he talks about:

    • The LL.B and C.A. combination
    • Pursuing a law degree while working
    • Work of a Partner of Lakshmikumaran & Sridharan

     

    Where did you grow up and attend school? How did you decide to pursue C.A.? Please tell us a bit about yourself.

    I did my schooling in Chennai. I belong to a family full of Sanskrit scholars. In fact, my grandfather is a President’s awardee for excellence in Sanskrit. As a kid I was taught Sanskrit and Vedas. I had in fact completed my Vedic education by the time I finished my XII standard. Though I was always good in Mathematics, Science was not a subject which interested me and hence I chose to pursue a career in accountancy and enrolled myself in the C.A. course while simultaneously pursuing my B. Com course from Vivekananda College. I was always interested in taxes and once I completed my C.A. course, I applied to L&S. After joining L&S I realised how important it is to learn law to fully understand and work in taxes. Mr. Lakshmikumaran and Mr. Sridharan were very kind to me and took me to the Delhi Office for better exposure which also enabled me to attend the evening law course in Delhi University.

     

    After qualifying as a C.A., you joined Lakshmikumaran & Sridharan. How did you decide to join a law firm instead of practicing as a C.A.?

    As I said, I was always interested in taxes and one of my friends (who is also a C.A.) had already joined L&S. So I knew it was a great firm doing excellent service in the field of taxes. Hence, the choice was easy. I had applied to the firm. I was interviewed by Mr. Lakshmikumaran. The interview happened over several rounds and I was also asked to present a paper on Transfer pricing and the GATT Valuation Code.

    The firm already had the practice of hiring non-lawyers and therefore I was not an exception. Mr. Lakshmikumaran encouraged me to do law and explained to me how the scope of a C.A. is restricted as he cannot practise in High Courts.

    I realised that though a C.A. can render excellent advice, it is ultimately a lawyer whom he has to engage to sustain his advice before a court of law.

     

    What did your work profile at LKS consist of, before you were a lawyer?

    I was doing a lot of drafting which includes opinions, replies, appeals, writs, SLPs, etc. I used to do research and brief seniors in matters. Study sessions are a part of L&S culture and I was a regular in attending those. I was initially absorbed in the Customs team of L&S. Later when L&S started its practice in VAT, I was moved to the VAT Team. I was working in the VAT team till I became a lawyer.

     

    Tell us about your law school experience.

    When I look back at my years at LC-II, they were perhaps some of the best years of my life where I came across many intelligent and dynamic batchmates. The professors were very engaging and the curriculum was rigorous and very demanding. Everyday offered a new perspective on one’s approach to appreciating the law. Whatever I say about LC-II and its quality of education and the faculty, will be very little as its reputation speaks for itself.

    Perhaps, it would be interesting to mention here that the courses taught at law school helped me at the workplace too. At the time when the seminal BSNL case was being argued at the Supreme Court, in which L&S was substantially invested, I could appreciate and contribute to the table some of the finer aspects concerning the constitutionality of the provisions that were being debated upon.

     

    Is there anything you would like to have done differently?

    There is nothing that I would have liked to do differently. Looking back, I think what matters the most is how you allow the experience to enrich you and not overwhelm you. The sheer diversity of the people you meet and the insights you develop on life allow you to become a more practical individual, in a manner of speaking.

     

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    How did you manage to eke out time for a regular three-year LL.B from LC-II while working at LKS? Please share with us.

    If you don’t have time in the day, steal it from night. Needless to say, switching back and forth from office to college was a demanding affair indeed. The tight schedule would otherwise be a strain on a normal individual. But maybe, it was the hunger for experience and knowledge that kept me going those years.

    The daily schedule involved coming in to the office by 7:50 A.M. From 8 A.M.-10 A.M. I would attend sales tax study sessions chaired by Mr. Sridharan himself. This was a ritual I stuck to for one and a half years, and it paid off greatly. Regular work would follow this until evening when I would scamper off to college and again head back to office to take care of pending work. Many a times, in fact most often, I would sleepover at the office lobby. Suffice  to say, this was occasionally tiring but never did I feel flushed or demotivated.

     

    You have more than a decade of experience in handling litigation relating to Service Tax, VAT and other areas of indirect taxes before various forums. What were the differences in your experience as a CA and as a lawyer?

    Completely different. As a lawyer, you can rely on yourself to sustain your interpretation. For a CA, there would be a two-step process to take a legal point across, one to the arguing counsel and the final one to the judge. Whereas for a lawyer, there is only one level to convince, the judge and not the arguing counsel.

    As a C.A., our exposure to law was oriented to the extent of appreciating the application of the law. However, being a lawyer one can delve into the correctness, spirit of the law and formulate its ethics and justifiability. As a C.A., we could hardly acknowledge the fine line of difference between a rule and provision. While studying law, the questioning spirit came alive.

     

    Currently, you head the Service Tax & VAT practice of the Chennai and Hyderabad branches of LKS. What are the best and worst parts of being a partner at one of the most successful tax law firms in the country?

    The best part easily is the bench strength at the firm. A multitude of good clients, refined nature of the tasks, variety in the kind of deliverables, priority on ethics are some of the traits that would easily attract anyone to the firm. The knowledge chest that L&S has is in its people, be it in excise law or patent prosecution. Other than this, the resources in the form of a heavily standardized information technology system, books, journals, credible physical infrastructure offers one an experience worth its weight in gold.

    The challenging part, and definitely not the worst part, is that the benchmark is very high. There are a lot of expectations to be met. Arguably though, this is something that is expected with the responsibility of being a partner at a leading law firm.

    Pondering over mystical questions like “work life balance” takes a back seat as these are questions that I do not find myself philosophically qualified to answer. Other than this, there are always the clients who keep calling at unexpected hours, which is why I am always nervous whenever my phone battery runs out, lest I miss out on an important call. The work profile for a partner is expectedly very demanding as one has to always stay sharp and alert. But all of this being said, we relished it and continue to do so.

     

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    What is a workday like for you? Has work settled into a predictable pattern or are there new challenges every day?

    For a litigating lawyer, I can say that being officers of the court, we are at the mercy and behest of the court. There is no method to this madness, Ha Ha!

    On a serious note, it is always unpredictable. Appointments given to clients during the evening materialize, but where I commit to a meeting during the daytime thinking I may be able to fend some time for it, such is never the case, Add to this the usual rigours of urgent briefs, shuttling between various courts. They tend to take a toll on the body at times.

    The highlight is that being in L&S, repeat matters don’t come. The scope and dimensions of the work is new and it is a treat to get one’s hands on them. Challenging matters are a staple affair and therefore it would be fair to say that there is a negligible chance of having a predictable pattern in terms of work coming in.

     

    How important would you say are business development skills at such higher roles in a corporate law firm?

    Very crucial. Clients always have alternatives.

     

    What do you and other partners at LKS measure success by? What must interns and attorneys at LKS do in order to get noticed and/or promoted?

    Show spark. Season that with clarity of thought. L&S encourages an open-door policy and there is complete freedom to speak and express one’s views. The only touchstone that someone’s worth is judged by is sheer merit and hard work. We don’t expect interns and fresher attorneys to be ready for the work profile that comes with working at L&S. Which is why we lay emphasis on training in our daily class-room lectures. We encourage interns and juniors to bring fresh and novel thinking to the table. With commitment and analytical skills to show for it, success can definitely be achieved.

     

    What advice would you give to law students who wish to pursue C.A. or, alternatively, C.A. students who wish to pursue law?

    While you focus on your areas of interest, make sure you pass all the subjects. Ha Ha!

    What I meant to say is that if you intend to be a lawyer in the future, pursue those subjects in CA in which you plan to make a living in. C.A. background for becoming a lawyer is very useful. Accounting knowledge and commercial understanding of the transaction are traits that come in very handy in both transactional practice and tax litigation. My view is that such an academic profile is a potent combination, especially when it comes to leaving a mark in the realm of commercial laws.

     

    Lastly, what would be your advice to law students and young lawyers reading this interview?

    What you learn as a student stays in your mind forever. It is important as a student to try and understand the basics of every subject. With experience, we realize that no law is difficult if our basics are strong. Great lawyers are those whose basics are phenomenal and they never commit mistakes in basics. Rather they win complicated cases with basics.

  • Jagruti Dekavadiya, Managing Partner at Arun Oza & Associates on specialisation in Commercial Law from UCL

    Jagruti Dekavadiya, Managing Partner at Arun Oza & Associates on specialisation in Commercial Law from UCL

    Jagruti Dekavadiya is a graduate of the 2012 batch of Institute of Law, Nirma University B.A. LL.B. (Business Laws – Hons.). A lawyer with the qualification of LL.M. (International Commercial Laws) from University College London, (U.K.) and a Registered Trademark Attorney, Govt. of India, she is now the Managing Partner of Arun Oza & Associates.

    In this interview you will get to read what she has to say about:

    • Choosing law as a career option
    • Specialization in Commercial Law
    • Importance of Research and publications and other co curricular activities
    • Working as a Managing Partner at Arun Oza & Associates

     

    Please tell us what defines you.

    I am a very passionate human being. Routine bores me so to keep going, I need challenges. I graft wonders under pressure. I love challenges and it becomes an obsession to win, be it a boardroom game or on a playground. I believe in maximum output with limited time. Moreover, I like being at peace followed by hard work and complete fairness. I don’t like it I get favoured in anyway. I like to earn it myself than to get it inherited.

     

    What is it that motivated you to take study law?

    It is actually a very funny story. Till I completed my 12th (Science Stream – Biology Group), I always wondered as to why one chooses being a lawyer. Why would one fight cases and take mental stress dealing with others every day? But during that period, I came in contact with my mentor, guide and philosopher, Shree Arun D. Oza (Former Government Pleader and Public Prosecutor for High Court of Gujarat), who changed my perception about lawyers forever. He is the type of lawyer who fights for justice, always fighting for the cause of justice against oppression and victimisation.

    He is the only lawyer I have seen so far who will ask his filthy rich prospective client bluntly, “Did you do this?” and if the client says “Yes”, he is at fault. Mr. Oza won’t proceed further and will show him the real picture. So his honesty, integrity and power of truth inspired me to become a lawyer and then in the meanwhile, Nirma University launched their Institute of Law and Shree Oza filled out my form and told me on the day of the exam an hour before that you have to go and appear for entrance and so I did.

    My Rank was 81 (Only top 80 were to be selected.) and I got an interview call followed by an admission, and now, I hold the qualification of a B.A. LL.B. (Hons- Business Laws) with University Second Rank (with minor difference of 0.01 points) and I was also among the toppers in the Business Law Honours Subjects. I also hold an LL.M (International Commercial Laws) from University College London (UCL), UK and Registered Trademark Attorney, Govt. of India.

     

    You have specialized in Commercial law. What made you interested in the same?

    I am a Gujarati, therefore business oriented by birth! The intricacies of business, investment and calculation come natural to me. I always see the pros and cons of everything may it be on professional or personal front. Plus everything has a reason in whatever I do. So, the calculative nature and my interest in learning more about commercial law directed me to specialize in commercial law.

     

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    Do you say there is room for specialisation and research in Commercial Laws?

    Indeed, there is. Commercial Law is rather a discipline in itself. Very vast and diversified. It has an incredible scope from the academic and research point of view. The study of commerce and market, foreseeing the economic growth, and identifying the best practice to adapt or policy to formulate is the ongoing dynamic and intense area for academicians and researchers and the same is also related to the professionals up to a certain extent. I feel students who want to specialise in this, should think what they want to be – A professional or an academician and then should adapt themselves accordingly, as it’s interdependent and does not have straight jacket formula to follow.

     

    Most of your internships have been litigation internships. How helpful were they in increasing your skills and competence as a professional in the field of commercial law?

    My internships into litigation were not isolated from the commercial laws. During those internships, I have learnt the intense interdependent aspects of legislations like Income Tax, Carriage of Goods Act, Trade policies etc along with the Constitution of India. At various judicial forums, these internships have helped me learn the basics which every lawyer should know, along with the aspects of interpretations as far as commercial laws are concerned. Moreover, I believe any skill gained is always an advantage. So for me, it was like know the problems with poor contract drafting or policies resulting into litigation, so that I can be prepared to curb them before inception. Knowing what could be the prospective problem, equips you with solutions resulting into excellence and success.

     

    What do you think about students pursuing CS?

    I believe in adding brownie points to your CV but for the students who already want to specialise in Commercial Law, why do CS? It has more or less the same subjects and same contents. So, I would invest my time in attending workshop on corporate finance or investment or any related area.

     

    You did your masters from UCL, one of the most prestigious universities of the world in international commercial law. What do you think is the scope in this area?

    UCL is indeed the one of the most prestigious universities in the world and known for its course on International Commercial Law. It was indeed prestigious and an amazing experience to do my LL.M. in International Commercial Laws from there. There is a tremendous scope in this area. It widens your theoretical understanding along with the technical ‘know how’. Proficiency in International Commercial Law has the power to empower one to become a global citizen or a professional in its true sense.

     

    How do you assess your LL.M program? Was it an intensive academic and research oriented exercise or did it also help from a professional point of view?

    UCL has a very intense and comprehensive program for its LL.M. It is extremely well structured. It comprises of the academic and research aspects on the various topics and also has tutorials and workshops which empower students to have a complete holistic view than just focusing on academics. So, it was very intense from an academic and research point of view but it also offered various training programs and endowed me on the professional front too.

     

    You have done a lot of publications. How big a role did the same have to play in helping you get admission at Cambridge?

    Having publications on your name and authoring upon the burning topics always adds cherry to the cake. However, I would say that a prestigious University like UCL and Cambridge do note it. As it’s evident in my case, inspite of lacking post study experience, along with A+ Grades, it were my publications which helped me bag admission at Cambridge and UCL too. I believe in collecting options on my plate to choose and pick from later when needed.

     

    Along with having publications, what all activities did you indulge in as a law student, which helped you secure admission at Cambridge? Do research work and writing papers have a role in building you as a professional?

    I have been very active in co-curricular activities and I firmly believe that it surely played a role for me in getting an admission. I have successfully carried out responsibility in my post as the Chief Executive Editor of Nirma University Law Journal. One of the key achievements out of the list was to be selected as the Chief Coordinator to lead a batch for legal awareness camps at various villages, schools and Sabarmati Central Jail for five years. I have also been the founder and active member in the Moot Court Committee, Debate Committee, and Seminar & Publication research cell. You name any committee or any team; I have played an active role in it. I believe these responsibilities makes you a complete professional along with your academics and it surely distinguishes your profile and leads you on the top of everything. As it did to me, apart from getting admission it also helped me grab the PPO from a London based International Law Firm. (which I rejected, as I was clear of doing an LL.M. and then subsequently having my own law firm which I am doing successfully now.)

    I have presented more than fifteen papers and chaired sessions at various National and International Conferences at leading Universities in India including Bombay, Calcutta, Chandigarh, Indian Business Academy Bangalore, and Indian Society of International Law (ISIL) and as well as some outstanding seminars abroad including Los Angeles in 8th International Conference on New Dimensions of Humanities organized by University of California Los Angeles, USA in February 2010, Mauritius in ICER-2010 by University of Mauritius in September 2010, London in BSA Sociological Association Annual Conference at London School of Economics and Political Science (LSE) in April 2011.

    I have also taken active part in one National and two International Moots – Participated as a Researcher in Surana & Surana National Corporate Law Moot Court Competition 2008 and as a Speaker in 9thPhilip. C. Jessup International Moot Court Competition 2009 and a coach and chief researcher in International Maritime Law Arbitration Moot 2011, organized by Murdoch University, Australia in collaboration with National University of Singapore, National University of Singapore July 2011.

    I firmly believe being professional is not only about skill or knowledge. A professional needs to be equipped with the knowledge and also with a technical ‘know-how’ to face any situation ahead. Hence, I also had equal focus on my academics too. I have scored the highest in the University in Business Laws Honors subjects. I have also scored University Second position with the minor difference of 0.01 points. So, I believe in achieving excellence at every possible thing related to your area and it will be followed by the success never achieved by anyone before, may it be getting admission or a PPO for that matter.

     

    Along with Commercial law, your profile also shows that you have interest in Trademark and IPR? How closely are the two branches of law related?

    Commercial law is very vast and mammoth. Of course, it has interrelation with IP related issues too. In fact, while I was advising one of my corporate clients, he had issues with breaching contract of confidentiality resulting into the leakage of the trade secret. So, I had to take IP protections for this client. That’s how I actually ended up being qualified as Registered Trademark attorney.

     

    What are the other areas of study which you think that a law student wanting to excel as a professional in the field of commercial law should be proficient in?

    As I suggested earlier, based on the individual limb of commercial law, whatever area which interests the most to the student, he/she has to be equipped with the skills and knowledge needed. However, if you ask me to pin point them: Maritime Law, International Trade Law, Insurance, Merger & Acquisition and Corporate Finance are the essential areas of study, though each of them have an entire discipline in it.

     

    How was your first year after graduation? Do law schools in India prepare their students for their professional life?

    My first year was very exciting indeed. There were a lot of challenges to meet with. I doubt that law schools in India are completely adequate enough to prepare the students for their professional life since the curriculum in Indian Law schools is academic centered rather than practice oriented. A law student must enhance his CV with Publications, Paper presentations, Research and Moot Court presentations to compete with other candidates. I believe only academics or only extracurricular will not help. Make your CV that impressive that no one can ignore it.

     

    How did you get to work at Arun Oza & Associates? Please share with us your journey from your induction into the firm till date?

    Shree Arun Oza is a senior lawyer at the High Court of Gujarat and he served as an inspiration for me to shift to law from my Science background. I have been attending his office since 2007 from my first year of law and now, it’s my firm. I am managing it. My journey was quite tough and taunting as from day one it felt like I was talking responsibility. It was the real experience of being responsible for your act rather than a feeling of being an associate where you know there is always a senior to check. However, the journey was very interesting and to this day it continues to be. I have new challenges and new aspects to explore.

     

    What is a normal workday like at Arun Oza & Associates? Being the Managing Partner at AOA, what are your responsibilities?

    I head the Corporate and Commercial Department, including Arbitration and Intellectual Property Rights. I also head litigation along with Mr. Oza. My day starts with urgent admissions and other matters on board and ends with meetings and drafting for my commercial clients, especially companies whom I am currently advising on its International affairs too. So, my duties aren’t fixed. It’s kind of like being an entrepreneur and being the head at the same time. I also have to manage associates directly and run for final hearings at Court too. But, it’s very much happening.

     

    Do you take interns at AOA? What do you look for in a typical cover letter and CV? How can interns manage to get positive feedback in the limited time they have?

    Of course, I do take interns at AOA. Matter of fact, I am currently having three interns directly under me. One from JGLS and other two are from NLUs. I am really picky about their cover letter. I believe, because they are applying for experience, I don’t expect their CV to be full of achievements but I read the cover letter carefully. The way they draft cover letter depicts the confidence level and clarity as to why they want to intern under me or AOA. Once, I approve the cover letter, my office writes back for interview either online or offline and then if they are selected, they directly report to me. I provide them feedback on each and everything. The interns under me aren’t pampered. They get the first hand experience of everything I do. It may range from cracking negotiations with corporate clients to appearing at different final hearing stage in Courts. I give them files to read and also give them the responsibility to assist me inside the Court being on the front desk alongside myself.

     

    Is there any other tip you would like to give to our budding professionals?

    Strive to learn and stay hungry for knowledge. Take it as a challenge and believe that you can do it. Hard work is important but in this age if you also want to succeed what’s more important, is focused smart work. Know your priorities and act accordingly. No doubt, Law is a lucrative profession but learn to be fair and give back to the society as well.