Tag: Rajani Associates

  • Rajeev Nair, Principal Associate, Rajani Associates, on being a Company Secretary, and his experience in Corporate Law

    Rajeev Nair, Principal Associate, Rajani Associates, on being a Company Secretary, and his experience in Corporate Law

    Rajeev Nair graduated in law from Mumbai University, in 2007. He is also a qualified Company Secretary. He has experience of around ten years in the areas of corporate laws, corporate acquisitions, mergers and demergers, joint venture transactions, corporate restructuring, private equity transactions, due diligence, general corporate, corporate legal compliances, negotiations and drafting of the transactional documents, setting up investment funds, debt transactions and real estate private equity transactions.

    In this interview we speak to him about:

    • Pursuing the CS course with law
    • Working at Rajani Associates
    • His experience in corporate law

    How would you like to introduce yourself to our readers?

    I am a first generation Corporate Lawyer. During my early days of law studies, I got attracted towards the subject of Corporate Laws and was fascinated by it, not just because of it being glamorous/ high paying arena, though I admit the Corporate Law field has grown multi folds in the past decade or so. Thus, I decided to choose a career in Corporate Laws and here I am sharing my thoughts and experiences in my journey as a Corporate law professional.

    Presently, I am a Principal Associate at Rajani Associates, a Mumbai based full service law firm. I am part of the Mergers and Acquisitions team at Rajani Associates.  

     

    What made you decide to pursue a career in law and take up studies for being a company secretary at the same time?  

    Frankly speaking, after completing my Commerce graduation, I was (like most of the people at that stage) contemplating exploring certain career options. Among them, the foremost being to study law, though, I would not attribute any particular reason to it. Subsequently, during my first year at law college (Jitendra Chauhan College of Law, Mumbai), I found a growing interest towards the sphere of Corporate Laws such as Companies Act, SEBI laws, Income Tax, etc. I was keen on studying those subjects in depth and somehow found a natural liking towards them and wished to be a specialist. At this stage of my career, I thought an additional educational qualification catering to this desire would be ideal for my career. Hence, I decided to pursue Company Secretary (CS) course, along with my law studies. The reason for me opting for the CS course was owing to the fact that it is ideal for professionals who wish to specialise in corporate laws, and the CS syllabus provided an opportunity for me to study my favourite subjects in depth. This way, I tried to manage both my law as well as CS studies, though I must admit that I found it very difficult to manage both simultaneously. But, I believe, that there would be no gain without any pain, and thus applied my all focus to juggle my law and CS studies together.

     

    What are your areas of interest in the legal field? How did you discover and cultivate such interests?

    As discussed earlier, during my early days at law college, I found growing affinity towards the subject of Corporate laws – Companies Act, SEBI laws, Income Tax etc. and was keen to study further and in depth in these subjects. I always wanted to be known as a corporate law professional with an intent to constantly learn and improve the requisite skills. As a student, I began following the developments in the corporate world through the internet, newspapers, business newsletters etc. and started cultivating habits which would enhance my professional prospects and help propel my career in the arena of corporate laws. As such, this became my professional ecosystem, thereby leading me eventually to become a corporate lawyer.

    You were a company secretary at Cello. Can you briefly tell us about the work profile of  a CS? 

    Right after I qualified as a Company Secretary, I joined the Cello Group of companies – which was famous for its pens, writing instruments, cookware and other products. Essentially, I was responsible for the compliances of Corporate laws and Corporate governance norms for certain Cello group companies. Here I was, immediately after qualifying as a CS, being appointed at a responsible position, which being a statutory requirement. Frankly speaking, initially I felt like I was sitting on a hot seat as I was being responsible for the Corporate laws for the well-known companies and was answerable to the management, the foreign investors, the auditors and government authorities and all of which seemed very daunting initially. As a CS, you are also required to sign the financials of the company along with the directors. All this accountability for a freshly qualified profession appeared to be sufficiently intimidating. They say that you learn swimming when you are thrown at the deep end of the pool. My experience at Cello was somewhat similar to that. I learnt many things – essentially accountability, responsibility and being confident. Generally, I have realised over the years that you learn the best lessons of your life when you are put in a challenging position, when you are tested, and not when you get things easily, without any effort. I admit, when you undergo a challenging phase, the first thing that comes to your mind is when I would get out of this situation soon. With experience, you get wiser and you learn to deal with challenging times in better manner. But for that, you have to face the difficult circumstances and undergo the ‘process’, however grueling it may be. No two ways about it.     

     

    What motivated you to leave your position as a Company Secretary and enter the legal field?

    During my tenure as a Company Secretary at Cello, I realised that I wanted to do something more than looking after the Corporate law compliances and overseeing the Corporate Governance function. I wanted to have the exposure to a wide gamut of corporate and commercial laws where I would get the opportunity to work on my drafting skills, advise clients and provide solutions to them on their various legal issues, understand their commercial understandings for different transactions and experience other related things. Then, I thought of giving a shot at work with a law firm. I was criticized and also cautioned by people around me, as life at a law firm was considered tough and challenging (not denying that even today) with deadlines and late working hours. However, I had decided that I wanted to give it a try as I realised that if I don’t try, I would never realise what it is like actually working at a law firm. I was ready and made up my mind that come what may, I would proceed and give it a crack with a lot of conviction. I told myself that if I don’t succeed, I would stick to my CS profession. It’s just that I never wanted to sit and regret having not giving honest try. This is how my career change took place – from CS to law. This is where I learnt that if you want to achieve something, you should want to achieve that badly and have a junoon (urdu word, read in the sense of having unflinching dedication and absolute focus towards achieving a particular thing) for that respective thing and at the same time be ready for failures as well. The failure (depends what you choose to call it – I prefer referring to it as stepping stone) should not bog you down. This may sound cliché but this true. I can now say this as ‘I have been there and done that’ – though still a long way to go. Not at all boasting, but saying this only to encourage the young lawyers who are on the verge of joining or have just joined the legal profession.

     

    How did you secure an appointment at Rajani Associates?

    As I pointed out above, I was making a career change from CS to law and I was not joining the legal profession after my law graduation. Due to this, I have to be candid, I found it relatively difficult to find opportunities to work at a law firm. Here, at Rajani Associates, after a lot of search, and almost giving up on my desire to work at a law firm, I eventually got an opportunity to work in a law firm and continue my journey of Corporate laws – the settings changing from CS to a law firm. I thank Rajani Associates to have provided me an opportunity to work with them and providing me professional enriching experience.

    At the outset, I experienced certain difficulties, as I was not a fresh law graduate (who generally goes through various internships during their law college days and are thus aware of the things to expect and well aware of the law firm ‘culture’) but here I was a professional who was making a career change (from CS to law) and trying to get a footing in a law firm. As long as you know what you want, it becomes easier to face challenging times as you already have a motivation to get through the tough phase. Here after joining a law firm, I got an opportunity to do things what I desired and thus was ready to overcome the initial challenging phase. It was definitely a substantial change for me career wise to join a law firm. But with clarity, patience, and support of my colleagues, I took some time and got in sync and became part of a law firm system. This was possible because I knew what I was doing and in which direction I am going.

    In a nutshell, I can say that there was a major change in my attitude from working as a CS that compared with working as a corporate lawyer.  

    All I can say is that it has been truly a memorable and enriching experience working at Rajani Associates as I have got to experience many things which I always wanted to learn prior to joining Rajani Associates. Mr. Prem Rajani, Managing Partner of Rajani Associates, has been truly inspirational and has guided me all through. I thank him for keeping faith in me and my abilities and providing an opportunity to work with the firm. The work environment at Rajani Associates is truly like one big family which helps in having a positive and upbeat work environment. The work environment goes a long way in shaping your professional development and it helps further if you have positive, motivated and hardworking colleagues working with you – as is the case at Rajani Associates.     

     

    As a Principal Associate, how is your work profile different from an associate who has freshly joined?

    Initially, as junior lawyer, I was very eager and looking to learn and absorb every aspect pertaining to working as a lawyer in a law firm. Over the years, apart from the laws, I have learnt many things at Rajani Associates, including the importance of research work, the client interactions and advisory, drafting and negotiating commercial documents, knowledge management, etc. At the start, if one needs to succeed in any particular field, you need to have the focus and sincerity and keep learning the necessary things, never stop. Now, after graduating to a senior position, life is a bit different in the sense, you work on matters independently, you have to do client management, work on areas of development of the firm which includes writing research materials, newspaper publications, you are also involved in training the new lawyers and guiding them through various aspects of the law field and provide more practical insights which they may not necessarily get to experience while at law college. As such, life after joining a law firm did change to a certain extent and now after spending certain years at the law firm, life has definitely undergone a major change and undoubtedly with a sense of satisfaction of having taken the plunge of joining a law firm. At the start of the career, you learn the essentials of the profession and your focus is on building your foundation blocks of the profession and once when you progress to a senior level, your focus areas/ role in the firm change accordingly.

     

    Can you tell us a little bit about the nature of work in the field of corporate law and what qualities one should develop to succeed in this field?

    I work in the Mergers and Acquisitions team at Rajani Associates. As such, my work areas include working on Companies Act, SEBI laws, Competition laws, Income Tax, Foreign Exchange laws and related subjects. Here you do transactions such as acquisitions, Mergers, Amalgamations and required to merge the laws with the commercial understanding of your clients. You are required to negotiate for your clients with a view to protect their interests and draft the transaction documents accordingly. There is a strong element of responsibility and accountability and considering the high commercial stakes of your clients, you have to take adequate care to uphold the interests of your client. This further becomes complicated by ever evolving and constantly changing ecosystem of corporate laws. Thus, you are always on your toes and need to keep oneself updated with the latest amendments of law as otherwise it will not augur well for you professionally. Thus, you need to work and focus on constantly updating yourself with respect to the Corporate laws, develop on drafting and negotiation skills and client management. If one wishes to join the corporate laws arena, one need to have flair for these things.         

     

    Did you ever consider pursuing higher education? 

    As I have already discussed above, I pursued my CS course, along with my law studies, as I wanted to study further and specialise in the areas of corporate laws. Thus, according to me, higher studies is very subjective matter. It is for every individual professional as to decide for higher education/ additional educational qualification. According to me, additional education qualification should be taken up if any one feels that the same is to their liking or which would further enhance their already chosen career path. Merely adding degrees, though may look good on the face of it, but will not yield desired result if pursued only for the purpose of ‘showing off’ or expecting that ‘magic’ will happen with the additional degrees. I say this with due respect to the people doing further studies/ additional courses and do not intend to ridicule them. Thus, ideally speaking, an individual should introspect and accordingly decide as far as higher education/ additional degrees are concerned.    

     

    How do you maintain a work life balance given the challenging nature of your job?

    As I have already pointed out, the work life at Rajani Associates is very positive and like a family. Due to this, there is a positive impact on my work and coupled with the fact that I work alongside hard working, understanding and friendly colleagues. It is indeed difficult to maintain work life balance, but the experience gained over the years help immensely to attain that and as with experience you become wiser and are better equipped to handle things at work place and if you have a very understanding and encouraging work place like Rajani Associates, it only acts as a catalyst in your pursuit of striking a work life balance.

     

    How can law students prepare to increase their chances of securing jobs at law firms?

    Most Important, know what you wish to do. Your internships, interactions with your seniors, your peers should help you understand/identify which stream of law you wish to go for. I believe this is the age of specialisation as the clients are increasingly looking for that as the complexities in every field has grown multi-fold. As such you need to understand your objective so that you can dedicate your focus and keep working towards a particular goal. Accordingly, the law students should apply to the law firms which they believe would provide a platform for harnessing their career professionally (monetary benefits will follow and should not be a primary criteria). If one is not sure where one needs to go or what one needs to do, then it becomes very difficult. Law firms would also welcome those law students (at least the chances are much higher), who are confident and have a certain clarity in mind as to what one wishes to do.  

     

    What advice do you have for our readers who are primarily college students?

    Life teaches you many things, every second is learning experience. So when life does not stop teaching, you also don’t stop learning things and in the process becoming a better person and professional in your chosen arena.

    Identify the area of your interest. Introspect yourself as to where your liking is. This will help you a lot in choosing a right career path. I understand that in today’s age, there are lot of activities happening at law colleges, then you have internships, social media, etc. Absorb and learn as much as possible from all these things and identity your passion, your liking and where you can solely focus and dedicate yourself. Only then you will be able to accomplish greater things. This is because, you will attain joy only in doing what you like. It is said, “Do what you love, and you’ll never work another day in your life”. Money should not be the primary or sole criteria. Do the work what you like and enjoy, you will do a great job and money will definitely follow, as was famously said in the Hindi film 3 Idiots – try to be competent, success will surely follow.

    Also, there is no substitute for hard work. The profession is such that you have to constantly update yourself; learn, unlearn and relearn, no substitute for that. Also, when you are young and new to the profession, you have lot of enthusiasm, passion and energy, but in most of the cases, the passion and energy tends to wane over a period of time. It is important to sustain that passion and drive towards your career and never allow it to diminish, only then you would achieve remarkable success and most importantly, do your work with sincerity. I believe, you don’t do your work seriously but do it with sincerity. You can fool others, but not yourself. For this, you have to constantly learn, improvise, look for betterment in your work. As commonly said, you should keep the fire in you burning always, so that you always come out as a better professional in each of your professional endeavours. As a music lover, I would end on a musical note, and in order to summarise my advice, would quote the song “Never Give Up” from the Hollywood movie Lion to the young lawyers – wonderful song with amazing lyrics, truly inspirational.   

  • Devesh Juvekar, Partner, Rajani Associates, on litigation, ADR, and his diverse experience

    Devesh Juvekar, Partner, Rajani Associates, on litigation, ADR, and his diverse experience

    Devesh Juvekar graduated from K C Law College, Mumbai University, in 1995. Devesh Juvekar started his career with M/s Gagrat & Co in 1995 and went on to work with Hariani & Co, Dua Associates, Khaitan & Co and Kalpataru Ltd prior to joining Rajani Associates. He has an experience of twenty years at the Bar in traditional and alternate dispute resolution. He has handled, a wide array of matters such as Commercial Arbitrations, Recovery proceedings, Intellectual Property issues, Conflict of Laws, Product Liability cases, Writ Petitions and General Commercial Litigation. Devesh has appeared as well as briefed Senior Counsels, in numerous fora including at the Supreme Court of India, High Court of Bombay (Original and Appellate Side), various High Courts in India, City Civil Court, Small Causes Court, Sessions Court, Metropolitan Magistrate’s Court, Debt Recovery Tribunal, Company Law Board, Securities Appellate Tribunal and various other tribunals and quasi judicial authorities.

    In this interview we speak to him about:

    • His current role as Partner
    • The evolution of the legal industry from then to now
    • His experience in litigation and ADR

     

    How would you like to introduce yourself to our readers?

    I always perceived myself as a social creature first, lawyer next. I believed, and still believe in dealing directly with the person, rather than the facts and figures – it just makes more sense to me.

    Though my days in law college is a chapter best left unexplored, I do still fondly think back to those stray occasions where I attended classes and enjoyed subjects like contracts and constitutional law. It was a different world for our profession when I was still in law college – a world without seven figure salaries for fresher (articled clerks used to vie for stipends of ninety rupees), or competition among firms for poaching talent. While we didn’t wend our way through law college worrying about internships and letters of recommendation, we had our own worries. For one, it was difficult enough finding a job back then, much less a “paying” job! 

    Even without the scores of technological advances in communication, we made our connections with batch mates and stayed in touch with them during and after law college and those contacts helped.

    Presently, I am a partner at Rajani Associates, Mumbai based law firm and head its dispute resolution practice. 

     

    What  propelled you to pursue law as a career?

    In my days as a law student, law as a major was almost taboo – a major reserved for the trouble-makers, chronic flunkers and the aimless. It took a considerable bit of haranguing and begging back home to even get in. But law was something I knew I wanted to do, simply because I did not want to be a run-of-the-mill engineer or doctor or a chartered accountant that everyone else was looking to be. I guess it was more a choice from negation than an active preference, in that sense.

     

    What was the legal profession like back in the day?

    Like I said before, it was a very different profession back when I was in law college. National law schools were yet to make a mark and create the hiring heaven for law graduates that it has now. I had my heart set on becoming a Solicitor, and had even signed my articles with erstwhile Gagrat & Co., under the tutelage of Mr. P. A. Jani and started working towards it. A series of unexpected personal setbacks, however, compelled me to discontinue it. I do not regret the decision, however – it was an experience that enriched me while it lasted.

    Law practice in Bombay (as it then was), was steeped in traditions dating back to the nineteenth century – you slog in underpaid anonymity to become a Solicitor and earn the respect of your peers, or you slog it in unpaid anonymity as a Counsel till you find a sure footing in the Courts.

     

    What type of skills should a law student strive to develop while in a law school?

    Learn as much law as you can. But bear in mind that for every hour you put in law college, you will still need to put in an additional hundred once you get into the profession, simply into learning. I think reading is the most important skill for a law student which one should strive to develop while in law college. It makes the understanding of law easy and helps one in drafting too, both of which are immensely important for a lawyer. 

    Do not listen to those hundreds of people saying litigation is the way to go for bright students; it isn’t necessarily so. Litigation is something that requires hard work, commitment, and a willingness to emulate the Counsels – slogging away in unpaid anonymity. A lawyer who wishes to litigate would need to develop a lot of resilience – against irate clients, obdurate opponents, and (more often than not) a well intentioned judge who just won’t get your point. It is a long term commitment – one that cannot be taken idly and one that cannot be given up so easily.

     

    What were the difficulties you faced in the early days of your practice?

    Finances, of course, are the biggest difficulty that any budding lawyer would face in the early days and my case was no different. Articled clerkship was especially notorious for the stipends (or lack thereof) that came with it. My experience, even otherwise, was not very different from what you would normally hear from any lawyer growing up in the nineties – finding work, finding a good senior to guide you, making a mark with (and at) the bar, and trying to keep your head afloat through all this.

    I come from an era where internet was a luxury and mobile phones were only for the opulent. Research meant book/commentary unlike today where one has plethora of options on the internet and the information is just a click away.

    Building and maintaining a client both require hard work and utmost care towards them. Beside work of precision, maintaining harmony between good work and good relation is quite vital. Thus, I think, its good work alongwith being updated on various laws and not number of years is which bring in good clientele. Besides, good recommendation also adds to one’s list of client.

     

    Could you tell us about the atmosphere in each of the places you have worked at?

    (Erstwhile) Gagrat & Co.As one knows,to get a breakthrough in Gagrat was extremely difficult. For me, beginning my journey with such a reputed law firm was indeed special. Gagrat was an old school firm which gave me a very strong foundation with the help of supportive colleagues and superiors.

    Due to the old school style working of Gagrat, the court clerks also played a vital role in each matter. I still remember taking guidance from court clerks on the technical aspects for which they guided me swiftly.

    Hariani& Co.: Even though Hariani, was then, a mid-size law firm, it gave me tremendous exposure in variety of litigation. Besides free hand in various assignments, working under strict timelines was essential at Hariani. This gave me immense confidence in my field.

    Dua Associates.: It was during Dua that I started concentrating more on dispute resolution and arbitration. It was a leap towards next level in my career.  

    Khaitan & Co.: I worked in Khaitan & Co for more than six years. Thus, one can imagine how pleasing it was to be associated with Khaitan & Co for such a long time. I grew along with Khaitan, which gave me the key to handling various top notch clients.

    Rajani Associates: My present work place, Rajani Associates has a very homely environment with every one closely bonded to each other. I think this makes Rajani Associates a comfortable place to work, which, I must add, has a positive effect on the work. I have dedicated team members and each one of them are hard working.

    Different law firms have different style of working and so does the environment vary.  Work environment plays a very vital role for ones success at any work place. I think one should analysis how compatible one would be with the environment he/she is about to enter. Nonetheless, monetary consideration and nature of work one wishes to pursue also requires to be kept in mind.

    Please tell us a bit about your work profile Rajani Associates?

    As I said, I head the dispute resolution practice of Rajani Associates and you can find me in courts/tribunal or in arbitration, more than in office. My profile also includes lot of advisory work where corporates are apprehending or proposing litigation. Beside, we even do a lot of opinion oriented work.

     

    How was your work at Khaitan and Co.?

    I joined Khaitan & Co as a senior associate of their dispute resolution practice and was soon promoted to rank of a principal associate. I was involved in various types of litigation at Khaitan& Co be it property, commercial, admiralty or company court matters.

    Since Khaitan was involved in variety of corporate transactions, it also had challenging company related matter. I was involved in quite a number of company scheme matters which were complex and time bound.

    How has your transition from litigation to alternate dispute resolution been?

    It could hardly be said to be a transition – it is but the same institution in just a different container. Litigation and ADR (alternate dispute resolution) have always been interpolated and connected with each other.

    Of course, in the past ten years there has been a shift from court to ADR, corporates or for the matter, even individuals, off lately, are getting inclined towards arbitration as a method for dispute resolution. One can see, each agreement containing an arbitration agreement which speaks volume of the transition. Though we doubtless enter ADR with a markedly different mindset – with a focus on brevity in proceedings – it can hardly be said that the shift was so considerable as to consider it a transition. It was more a matter of re-alignment – of thought, strategy, focus, and endgame.

    ADR is making its mark – especially with the Government making a big push for it now, with the amendments to the Arbitration and Conciliation Act, 1996. But let us be clear on this: any litigator who is worth his salt in court should handle the shift comfortably enough.

     

    Is mediation a better option than litigation in India?

    Mediation is definitely an option to explore before initiating any litigation. It cannot, however, be regarded as an alternative to litigation per se – certainly not in every case. The idea behind mediation is to attempt to find a middle ground between the parties, and save everyone the resource outlay needed for a long drawn litigation. One rarely finds this in commercial litigation – where strategies are often fine tuned for multiple eventualities arising during an ad-interim hearing. 

    I must, however, add that the institutionalisation of mediation is definitely a step in the right direction – in terms of the statute. All that is left is for us to wait for the institution itself to catch up in terms of infrastructure, penetration and training the mediators. Even though, parties in India engage themselves in mediation process, thanks to the contract or the court intervention, personally speaking, it seldom ends on a positive note. I also believe for a mediation to become successful, parties have to be open-minded and should not remain adamant on their demand. Only then can the entire process of mediation succeed.  

     

    What are your comments on the current state of Arbitration Law in India? 

    I think with the amendments in the arbitration law, particularly the 2015 amendment to the Arbitration and Conciliation Act, 1996, it has come at par with the international arbitration laws. I have seen the shift from the 1940 act to the 1996 act and it is a whole new era for the Indian arbitration. Court interference, in an arbitration, has become less, while earlier courts used to, or if in can say, was required to intervene considering the structure of the prevailing extant laws.

    However, I think there is still scope for further smoothing the process of arbitration. Few of the examples which still require better clarity are as follows:-

    • Whether the 2015 amendment applies to all the on-going proceeding (arbitral proceeding or proceeding related to arbitration) or only to arbitration proceeding initiated after October 23, 2015? This controversy is pending before the Apex Court and presently different High Courts have had divergent views.
    • Execution of foreign awards are still halted for technical reasons.
    • The schedule of fees prescribed for the arbitrator in the 2015 amendment is strictly not followed.

     

    What advice would you have for law students who wish to take up Arbitration as a career option?

    Arbitration and conventional litigation go hand in hand, so don’t assume you’re going to evade one by choosing the other. Attend as many internships while in law school/college – the experience matters a lot for yourself (and not necessarily to your recruiter, I’m sorry!). Read judgements – as many of them as you can. Master the art of reading judgements, because you’ll need to do it a lot, and fast, especially in your foundational years. If at all possible, learn patience, for you’ll need a lot.

     

    What are you recommendations for making alternate dispute resolution more popular and common in India?

    More institutionalised arbitrations, better infrastructures for the institutions, and a greater impetus from the Government is definitely the way to go. I think arbitration is already quite popular in India with certain caveats.

    One cannot ignore the role to be played by lawyers in advising their clients to opt for ADRs, but I believe it would certainly follow once a certain assurance can be had that costs, time schedules and issues won’t escalate. The 2015 Amendments are definitely a step in the right direction for that, but one now needs to see how the implementation occurs. As ironic as it may sound, the Courts will be key in safeguarding ADR laws!

    I also think mediation particularly needs a shot in the arm to become as popular as arbitration. I believe mediation process has great potential. However, as said earlier, the perception about mediation of individuals/corporates need to change in order for mediation to become a success.

     

    Certain international commentators have seen and argued that the host state should keep an eye on functioning of the judiciary. What are your views?

    Courts in India have held that the executive, the legislature and the judiciary are required to function independently without each other overstepping their limits. In fact, Judiciary even has the power to declare laws made by legislature as unconstitutional or ultra vires if they are in conflict with the fundamental rights of a citizen. I believe it is very important that Judiciary is left independent and the function whereof should not be interfered by the state.

     

    Is there any skill or secret you picked up over the years that you believe is critical to a lawyers success?

    Patience. I see youngsters itching for a promotion barely two years into a team – sometimes actively campaigning for it. It was unthinkable of, in my early days, to even ask our boss whether we’ll be paid for working in his chamber. A lawyer’s retainer is something that he commands, not demands and that will take its time arriving, one needs to be patient for that.

     

    What would be your parting message to all the law students?

    Don’t miss the wood for the trees in this profession; it is all about the people. Facts, figures, precedents, legal acumen, an eidetic memory – these will get you far, don’t get me wrong but, connect with the persons you meet along the way. Listen, empathise, be eager to learn, develop contacts and make your impression. That’ll take you much further than just the skills.

  • Shisham Priyadarshini, Partner, Rajani Associates on working at a corporate firm and specializing in project finance

    Shisham Priyadarshini, Partner, Rajani Associates on working at a corporate firm and specializing in project finance

    Shisham Priyadarshini graduated in law from L.A. Shah College, Ahmedabad. She started practice in 2003 and has worked at reputed firms such as Singhi & Co, Mulla & Mulla Craigie Blunt & Caroe and Thakker & Thakker and is currently a partner at Rajani Associates. Her core areas of practice include project finance and banking.

    In this Interview she talks about:

    • Importance of internships and scope of practice in the Corporate sector.
    • Advantages of working at a law firm and her experiences of the same.
    • Her take on the Arbitration and Conciliation Amendment Act, 2015
    • Her advice to students aspiring to build a career in Law.

    1. HOW WOULD YOU INTRODUCE YOURSELF, GIVEN THAT MOST OF OUR READERS ARE LAW STUDENTS, LAW ASPIRANTS OR PROFESSIONALS IN THE LEGAL ARENA?

    I am a first generation lawyer working with Rajani Associates, a law firm with the focus on supporting, advising and guiding the client across various domains of legal practice. My practice areas include project, project finance and banking and finance. I like to work on varied types of assignment and currently I am keen to develop the anti-bribery and anti-corruption (ABC) practice of the firm.

    I can just say that couple of years back I was one of you, reading words of wisdom of successful professionals and trying to draw motivation from them.

    2. ENLIGHTEN OUR READERS ABOUT YOUR ROOTS.

    During my early childhood I stayed in Jammu and then since my father was in Central Services, I moved from one city to another barely completing three years of education in any one school. I did my law studies from L. A. Shah College, Ahmedabad and then I came to Mumbai. Since then I have been working in Mumbai. So while my roots are spread in many cities but as a professional my career has shaped up in Mumbai.

    3. HOW ARE INTERNSHIPS HELPFUL FOR A LAW STUDENT? WHAT ARE THE OTHER OPTIONS AVAILABLE FOR SOMEONE INTERESTED IN CORPORATE PRACTICE?

    I feel law classes though very essential are quite theoretical and teaches the principles of law. It is during internship that you get an opportunity to apply your knowledge to actual matters. Internship is the first introduction to the legal profession. It offers an opportunity to explore the areas of practice which are generally the lesser known subjects of law and also introduces the interns to various interesting facets of law. Longer internships allow you to work on projects from start to finish and provides confidence and experience.

    It is also quite possible that you get an opening in the law firm where you are doing the internship.

    Corporate practice is dynamic. There is plethora of options available for someone interested in corporate practice. Besides the traditional practice areas like private equity, mergers & amalgamations, banking & finance one can even consider venturing into energy laws, maritime law, bankruptcy law, ethics and compliance.

    4. YOU HAVE WORKED AT SEVERAL LAW FIRMS IN THE PAST. WHAT FACTORS MADE YOU LEVITATE TOWARDS PRACTICE IN FIRMS AS COMPARED TO INDEPENDENT PRACTICE?

    Independent practice has its own limitations. While working in a law firms you get the mentoring of your seniors, which I feel is essential during the early years. In a law firm you get to work on varied assignments which enriches the experience and broadens the outlook. I have observed that big corporate houses are hesitant to approach independent practitioners, certainly not because of lack of talent but since they look for a one stop shop and a panacea for all their legal challenges. It was therefore an obvious choice for me to practice in a law firm wherein there is synergy of resources.

    5. YOU HAVE BEEN WITH RAJANI ASSOCIATES FOR MORE THAN A DECADE. CAN YOU TELL US ABOUT YOUR EXPERIENCE AT THE FIRM?

    Today when the attrition rate is so high I have managed to stay with Rajani Associates for over a decade. The credit for this goes to our Founding Managing Partner, Mr. Prem Rajani and to all the colleagues. They have provided a conducive environment to work and grow, from an Associate to a Partner.

    At Rajani Associates, I have been given the opportunity to work on unique and unprecedented matters, outside my core area of specialization. Though these assignments are time consuming, they have given me the maximum amount of job satisfaction, especially because of the learning curve involved in the process.

    I owe a great deal of my understanding of being a lawyer to Prem Rajani who with his guidance, support, patience and sense of humor has mentored my journey.

    6. WHAT LED YOU TO SPECIALISE IN PROJECT AND PROJECT FINANCE? WHAT DOES IT ENTAIL?

    I have always been keen on corporate and commercial law. While working with Rajani Associates, I got the opportunity to work on various project and project finance matters and over a period of time I developed a specialization in the same.

    It provides opportunities to work along with project participants for the development of ports, roadways, highways and social infrastructure including healthcare projects, development of new technologies for waste and water management. It involves rendering services right from the bid stage, to structuring the transaction, forming consortia, execution of concession agreements, project equity, project debt, documenting and negotiating commercial contracts.

    7. WHAT ARE THE QUALITIES REQUIRED TO BE A GOOD NEGOTIATOR? WHAT WOULD YOU DESCRIBE AS A SUCCESSFUL NEGOTIATION?

    To be a good lawyer, it is essential to be a good negotiator. I believe negotiation is not about winning or losing (as is generally construed). It is about varied interests converging on a common goal point and that is the successful completion of the transaction. For this one needs to have a grasp of the matter, do an honest assessment of the situation, be respectful and mindful of the requirements of the parties involved and provide straight forward and simple solutions.

    8. HOW HAS THE FACE OF CORPORATE LITIGATION CHANGED OVER THE YEARS?

    India like any other country has judicial, quasi-judicial as well as other alternate dispute resolution methods. The corporate litigation practice is part of the judicial dispute resolution method which has seen tremendous growth, especially with India opening up its markets, where the Indian judicial system has had to come to terms with the reality of globalization and liberation.

    With multinational companies setting up their business in India, the nature of commercial disputes have changed and today disputes are not only limited to dishonour of cheques, real estate, employment, labour disputes or consumer cases but are majorly in relation to private equity transactions, mergers & acquisitions, competition laws, commercial contracts, defaults in financial transactions (including lending and borrowing, hire purchase, finance lease) and enforcement of foreign awards.

    The Government has also taken several steps to ensure that the time taken to resolve the disputes comes down and litigation matters do not drag on for years. It has amended the arbitration law, passed the commercial courts bill paving the way to constitute the commercial courts to exclusively handle the commercial cases, brought in the Insolvency and Bankruptcy Code and notified the National Company Law Tribunal (NCLT), all aimed at ensuring faster disposal of cases. Even the tax department, one of the largest litigant, has also taken initiative to reduce tax litigation.

    9. WHAT IS YOUR OPINION OR TAKE ON THE ARBITRATION AND CONCILIATION AMENDMENT ACT 2015 ESPECIALLY THE RETROSPECTIVE EFFECT OF THIS AMENDMENT?

    The amendment carried out in the Arbitration and Conciliation Act, 1996, by the Amendment Act, 2015 is quite positive and a huge step forward to boost the commerce of India. The intent is to reduce the intervention of the court and expedite the arbitration proceeding.

    The retrospective effect of the Amendment Act has been discussed by Bombay High Court in the case of BCCI versus M/s Rendezvous Sports World and Delhi High Court in the judgment on Raffles Design International India Private Limited & Anr. versus Educomp Professional Education Ltd & Ors.

    The view taken by the Courts is that the as far as the Arbitral Proceedings are concerned, the Amendment Act shall apply only if the Arbitral Proceedings have commenced on or after October 23, 2015, i.e. the date of promulgation of the Amendment Act.  The Courts have further held that the Amendment Act  shall apply to court proceedings in relation to Arbitral proceedings, such as application for appointment of Arbitrator or setting aside of the award regardless of the date of initiation of such proceeding.

    In my view, the Amendment Act is applicable to “arbitration proceeding” and “in relation to arbitral proceeding”. This distinction has been made with an intent to remove the defects which prevailed under the old act.It is only logical that the amendments shall not apply to the ongoing arbitration proceeding, except when the parties have mutually agreed to the same. This is to avoid any change of law in the midst of an arbitration proceeding. 

    The issue of applicability of the amendments vis-à-vis arbitration proceeding and in relation to arbitral proceeding is presently pending before the Supreme Court of India.I am hopeful that the Supreme Court affirms the view taken by the Bombay High Court, Delhi High Court and the Calcutta High Court in this regard.

    10. ARE THERE ANY SETBACKS IN THE INDIAN JUDICIARY? IF YES, WHAT STEPS DO YOU RECOMMEND TO ERADICATE THESE SETBACKS?

    The biggest challenge faced by the Indian judiciary is the massive burden of the pending cases. It is a common man’s grievance that generally it takes years for the Courts to decide a matter.There is an acute shortage of judges due to delay in appointment and inadequate remuneration. If more judges can be appointed this will drastically reduce the pendency of the cases.

    Additional special courts, fast-track courts may be set up to tackle the issue of backlog of cases. Even the concept of mobile courts should be encouraged to bring justice at the doorsteps of litigants of far-flung remote and rural areas. Lok Adalats, an informal, alternative mechanism can be encouraged especially in pre-litigation matters, settling cases before they become full-blown disputes being referred to the courts.

    11. WHICH IS THE LATEST NON-LAW BOOK YOU HAVE READ? TELL US ABOUT IT.

    Though not a latest one, the non-law book which I am currently re-reading is ‘The Monk who sold his Ferrari’ by Robin Sharma. I feel this book is relevant for every professional.

    12. DEFINE ‘CREATIVITY’. HOW MUCH GRAVITY DO YOU EXPERIENCE TOWARDS CREATIVITY?

    For me creativity is the ability to do new things, find new ways, think out of the box and provide solutions. I certainly feel creativity is very important and especially for a professional. Though an oxymoron, it is said that stress reduces creativity but it is also true that creativity reduces stress.

    13. HOW DO YOU DE-STRESS WHEN NOT AT WORK?

    I like to hear old Hindi songs, play with Bruno, my one and a half year old pug and cook when time permits.

    14. YOUR ADVICE TO ALL THE YOUNGSTERS OUT THERE ASPIRING TO BE SOMEONE GREAT INCLUDING YOUNG BUDDING LAWYERS.

    Today legal profession has been commercialized and in the bargain at times people end up compromising on ethics.

    My advice all the youngsters is to be a good and ethical professional and success will follow. In your pursuit for success do not ignore your family and friends who are your support system.

  • Ms. Purvi Kapadia, Partner, Rajani Associates, on completing the Solicitors Exam and Private Equity practice

    Ms. Purvi Kapadia, Partner, Rajani Associates, on completing the Solicitors Exam and Private Equity practice

    Ms. Purvi Kapadia, graduated in law from Government Law College, with a gold medal, in the year 2002 and thereafter passed the Solicitors examination conducted by the Bombay Incorporated Law Society in October 2004. She has an experience of over 13 years in the legal Industry and is at present a partner with Rajani Associates. Interview by Kaushik Dessai of G. R. Kare College of Law.

    IN THIS INTERVIEW SHE TALKS ABOUT:

    • Successfully completing the Solicitors exam

    • Corporate practice

    • What it means to be a good private equity lawyer

    • Current reforms in Law

    HOW WOULD YOU INTRODUCE YOURSELF, GIVEN THAT MOST OUR READERS ARE YOUNG LAW STUDENTS and YOUNG LAWYERS?

    Hi. I am Purvi Kapadia, partner at Rajani Associates, a full service law firm. I handle the private equity practice of the Firm.

    WHAT INFLUENCED YOU TO JOIN LAW?

    Well… a lawyer is what I was meant to be. I am a third generation lawyer of my family and it came as a surprise to no one when I decided to study law.

    WHAT PROMPTED YOU TO PREFER CORPORATE PRACTICE OVER LITIGATION?

    Litigation practice can be very thrilling but also very slow moving. It is no secret that litigation can often be prolonged. As an articled clerk I got a chance to do a fair bit of both, litigation and corporate matters, and the fast pace of a corporate practice is what I came to like.

    WHAT ARE THE CHALLENGES YOU FACED WHEN YOU FIRST STARTED HANDLING PRIVATE EQUITY TRANSACTIONS?

    I am not sure if what I write here describes a challenge exactly, but it is something that I realised very early on in my practice as an important part of this practice and i.e. Negotiation. Both drafting the transaction documents as well as negotiating the same thrill me. But the later thrills me even more as no two negotiations are the same. I believe negotiation is an art that you master more and more with each transaction and you may not exactly start of by being good at it. I know I did not. I was just lucky to work with brilliant seniors then, from whom I could learn and better myself.

    IF A STUDENT OF LAW WISHES TO ULTIMATELY PRACTICE IN THE PRIVATE EQUITY SPACE WHAT WOULD BE YOUR ADVICE?

    While most private equity transactions revolve around the same concepts, rights and obligations, it is very important to understand that the pulse of every transaction and client is different. What may have seemed like the perfect deal for one transaction could work very differently for another transaction. Also, the business and structure of the company in which investment is proposed, as well as the management set up, holds most relevance, and the same must be understood minutely. Lastly, while a due diligence is most often considered as a routine act that simply needs to be swept out of the way, what one must remember is that the findings of a diligence exercise are in fact the very foundation of any transaction. A lot of the drafting of the transaction documents in fact depends on the findings of a diligence. Anyone wishing to practice in the private equity space must first start with doing diligence exercises and understanding the impacts of its findings.

     YOU HAVE CRACKED THE SOLICITORS’ EXAMINATION CONDUCTED BY THE BOMBAY INCORPORATED LAW SOCIETY. THE SAID EXAMINATION IS WIDELY KNOWN AS A TOUGH EXAMINATION. COULD YOU TELL US ABOUT THE STRUCTURE OF THE EXAMINATION?

    Yes, the solicitors examination is a very challenging exam. It is a great feeling to pass it. The examination is set to test ones practical knowledge rather than just theoretical knowledge. Also the questions are interwoven to cover various subjects, so it is never enough to just know the subject of which you are writing the paper. One needs to know all the other subjects as well. It most definitely is an exam that helps you gain multi dimensional knowledge and apply the same.

    WHAT WAS YOUR SUCCESS MANTRA FOR ACHIEVING SUCCESS IN THE SOLICITORS’ EXAMINATION?

    There are no shortcuts for passing the solicitor examination. If you fall in love with each of the subjects you are studying and study the same methodically, you are sure to get through. The key is not to study each subject in isolation but to understand how these laws are interwoven and interdependent. When you read a case study, you should be able to think of all the facets of law that would apply to that particular case study and not just the subject law for which you studying/ writing the paper. This is exactly how you then move on to deal with your clients in real life practice.

    AS A PARTNER AT RAJANI ASSOCIATES, WHAT IS AN AVERAGE DAY AT WORK LIKE? OUR READERS WOULD LOVE TO HEAR ABOUT THE DAY-TO-DAY RESPONSIBILITIES WHICH NEED TO BE HANDLED BY SOMEONE IN YOUR POSITION.

    From simply executing work a few years back, at this position I now mentor my team. An average day at work means a lot of interaction with my team. It is usually conversations revolving around the transactions on hand or changes in law.

    YOU HEAD THE PRIVATE EQUITY INVESTMENTS AND JOINT VENTURE TRANSACTIONS AT THE FIRM. HOW DID YOU BUILD UP YOUR EXPERIENCE IN THE PRIVATE EQUITY TRANSACTIONS?

    I have had both – skilled seniors and skilled teams on the opposite end. Both private equity and M & A transactions entail not only good drafting and reviewing skills but also thorough negotiation skills. From the first transaction I negotiated for – to the last, I have seen myself grow in confidence. Needless to add the seniors I have worked with have taught me a great deal. At the same time, if you keep an open mind you will be amazed how much you can also learn from the seniors sitting across the table.

     WHAT ARE THE OPPORTUNITIES THAT THE PRIVATE EQUITY PRACTICE HAS TO OFFER? WHAT ARE THE ESSENTIAL REQUIREMENTS TO BE A GOOD PRIVATE EQUITY LAWYERS?

    A private equity practice exposes you to various laws, not just Indian but global as well. Also, although every transaction may have the same end intent of taking or making investment, I am yet to work on a transaction that would fit the same parameters as my previous transactions. Each transaction has had its own challenges, its own negotiation meltdowns and high points. In short, no transaction has ever been the same for me and that has been amazing.

    As for the requirements of a good Private Equity lawyer, I strongly feel that a good Private Equity lawyer must learn how to understand the pulse of the transaction at hand. A Private Equity lawyer must be careful not to treat each transaction and client the same as the previous one or straight jacket the transactions. Also lawyers often forget that negotiations are not a personal battle field. What the client needs or is willing to give up or is willing to hold on to no matter what, is paramount, and that it is for the lawyer representing the client to understand and act accordingly. Above all, it is important for the lawyers to guide their clients. Often clients are unaware of, or lose sight of, the immediate or futuristic challenges they may face on the completion or non completion of a transaction and the lawyer must help the client understand the same.

     YOU HAVE BEEN WITH RAJANI ASSOCIATES SINCE 10 YEARS. PLEASE TELL US ABOUT YOUR EXPERIENCE AT THE FIRM?

    Rajani Associates is a great learning ground. No transaction or assignment in this Firm is executed as a matter of fact. Instead, every transaction and every client is handled with utmost care and as a team effort. Every transaction is headed by a partner and the partner constantly imparts both knowledge and experience to the rest of the team. In these past 10 years, I have learnt so much from my senior, the managing partner – Mr. Prem Rajani (and I continue to learn), just as I have passed on knowledge and experience to my team (and will continue to do so).

     THE PARLIAMENT OF INDIA ENACTED THE INSOLVENCY AND BANKRUPTCY CODE 2016. WHAT IS THE EFFICACY OF THIS CODE AND WHY IS IT AN IMPORTANT PIECE OF LEGISLATION?

    Change is always good and especially change in law is always a positive step towards working with the need of the hour. Bankruptcy Code likewise, is a welcome consolidation, an overhaul, of the existing bankruptcy legislations. Providing a much needed relief to the existing debt market of India, an early and faster remedy to the lenders, the Bankruptcy Code is most certainly a very important piece of legislation for India. The efficacy of the Code will however, like any other legislation (new or old), depend on the execution and implementation of the Code. A number of agencies and professionals will need to work together and effectively, to make the Code a success, and it is certainly hoped that this is achieved.

    THERE HAS BEEN A SEVERE CRITICISM OVER PUBLIC SECTOR BANKS WRITING OFF BAD LOANS. WHAT IS YOUR VIEW IN THAT REGARD?

    I partake somewhere in this criticism. Writing off such huge amounts of bad loans does ultimately somewhere come at the cost of burdening honest taxpayers and affect the shareholders of these Public Sector Undertaking banks. While the entire write off may be treated as an accounting act, and although in reality the Banks do continue to pursue their debt claims against the defaulting debtors, the write off does take the compulsion off the Banks to pursue the bad debts.

    WHAT IS YOUR ADVICE FOR FRESH GRADUATES WHO WISH TO ENTER LAW FIRMS AS ASSOCIATES?

    Well, challenges in a law firm and a legal career are the same as in any other profession. Hard work and willingness to learn are paramount. Also, in this profession practical knowledge is very treasured. Reading of law, to its understanding, to its implementation, every step is crucial and this journey can be mastered only with experience.

    WHAT WOULD BE YOUR PARTING MESSAGE FOR OUR READERS?

    Studying and practising law is exciting. Hope to see you on this side soon.