Tag: Real Estate

  • “Encapsulates the essence of a legal professional who not only navigates the complexities of the legal world but does so with an unwavering commitment to honesty and fairness” – Aashdin Chivalwala, Principal Associate, Argus Partners

    “Encapsulates the essence of a legal professional who not only navigates the complexities of the legal world but does so with an unwavering commitment to honesty and fairness” – Aashdin Chivalwala, Principal Associate, Argus Partners

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Aashdin, it’s a pleasure to have you featured. To start, could you share a bit about yourself and your journey, from your law school days at Mumbai University to becoming a seasoned Principal Associate at Argus Partners?

    Like many other emerging professionals, I too grew up in a humble background facing initial hardships. It is at those nascent stages that I found my strength and learned to transform my challenges into opportunities. Growing up, I was always taught to appreciate and value hard work.

    Soon after I graduated with B.A. (Psychology) degree from Mumbai University, my journey to become a successful lawyer began. It was with rigorous years of learning which included full day internships at the chambers of prominent counsel in Mumbai.

    The practical experiences that I was exposed to during my internship days were intense and overwhelming. Every day, after attending lectures in college (where I met my better half), I would reach the chamber of my senior where I was required to immerse myself in the intricacies of various statutes, legal precedents, and legal theories. I was encouraged by my senior to engage with him in brainstorming sessions and provide legal research which for me at the time seemed very complex.

    Upon receiving my law degree, the journey transitioned into a more professional realm as I embarked on a path of building a career as a successful lawyer. My early years as a lawyer were at HSA Advocates, where I got the opportunity to enhance my skills through research, drafting, and courtroom experience under guidance from my seniors.

    After spending about half a decade at HSA Advocates, the team along with me, advanced to Argus Partners.

    My journey as a lawyer is in progress as I continue to learn from my seniors and juniors. I am grateful to them as they continue to contribute to a career which I absolutely love.

    Your career spans over a decade, with notable experiences at HSA Advocates and now at Argus Partners. Can you reflect on some key milestones or cases that have played a significant role in shaping your expertise in dispute resolution and litigation?

    Every experience throughout my career has contributed towards my professional and personal growth. While some were joyous, others challenging, but each one of them have shaped my progress in the profession. 

    While I have been part of and contributed to a few significant cases which may be remembered as an important event, some of my notable experiences were created at the time of preparation and strategizing for hearings at conferences with counsel and colleagues.

    Representing clients in cases which are unusual, coupled with the uncertainties connected with litigation, provide for an exciting sense of anticipation which I absolutely yearn for.  While my professional journey has included diverse areas of law ranging from, suits for defamation, specific performance of contracts, varied commercial disputes, company petitions for oppression and mismanagement, Insolvency and Bankruptcy laws, laws relating to intellectual property, eviction cases to rent control measures, guardianship petitions and arbitrations including execution petitions, each aspect and involvement has had a significant role in shaping my skill in dispute resolution and litigation.

    A few of my experiences which I can recall at this moment, was my first reported case during my initial years at HSA Advocates in which I appeared (of course along with a prominent senior counsel and a well-known advocate from Goa) before the Bombay High Court at Goa. I remember the arguments that took place in court like it was yesterday. This was a case which emerged from an order of the Company Law Board and was an appeal under section 10-F of the Companies Act, 1956 which dealt with the law relating to the provisions of the Limitation Act, 1963 and the Depositories Act, 1996. 

    Another significant decision given by the Madras High Court, that I can recall, is whereby the High Court held that the mandatory time limit of 120 days to file a written statement in a commercial suit is not applicable to a written statement to a counterclaim. This issue was undecided by a court previously and the arguments and preparations that went in this case were interestingly exhilarated which led to a successful outcome for our client. 

    Recently also, before the National Company Law Tribunal at Mumbai I was fortunate to have appeared in cases whereby legal aspects of the Insolvency and Bankruptcy Code, 2016 were examined and with the help of judicial precedents the cases led to a successful and logical conclusion.

    All that said, I must acknowledge that the key milestones achieved by anyone, either professionally or in the personal chapter is a culmination of a dedicated team effort. 

    These experiences and milestones have collectively created a mosaic of memories that define my identity and contribute to the richness of my professional experience. 

    In addition to being a dedicated attorney, you hold a bachelor’s degree in psychology. How has your background in psychology influenced your approach to legal matters, especially in dispute resolution?

    I had never thought that after completing my majors in psychology, I would embark upon a journey as a lawyer.

    Though, in my years of practice, I have realised that psychology and law intersect in various ways.

    Understanding psychological factors of your clients can often be valuable in considering or deciding an appropriate approach towards your clients’ needs and achieving the desired outcomes in a case.

    With the increase in litigants and individuals opting for alternate dispute resolution methods, applying psychological principles become important especially for arbitrations, mediation, negotiations and conciliation in order to effectively facilitate communication and resolution between parties.

    The integration of psychology and law has enhanced my understanding of human behaviour and decision-making which ultimately lead to more informed and just legal outcomes.

    Your commitment to pro bono work and legal education initiatives is commendable. Can you share a specific instance where your pro bono services made a significant impact on someone’s life, and how did it shape your perspective on the role of legal professionals in society?

    I was always encouraged to take up pro bono work as a budding lawyer and made to understand that lawyers should contribute their expertise to help people who might not otherwise have access to legal services. This would help me build an ethical practice in the years to come.

    I can recall a few instances, one of which was when I advised a security guard and assisted him to recover his dues from his previous employment while on another occasion, I advised an elderly person from a chawl regarding a dispute with the developer relating to an alternate accommodation.

    I believe that pro bono work is essential for every professional to contribute towards the community which helps support the disadvantaged and creates a sense of morality and integrity amongst the public and uplifts the status of this profession.

    Having worked on both civil and criminal matters, is there a legal area that you find particularly intriguing or intellectually stimulating? What aspect of your work keeps you motivated and passionate about the legal profession?

    There is no particular legal area that I find more intriguing or intellectually stimulating than the other as both these practice areas are distinct, each dealing with different types of cases, legal issues, and consequences. I find both equally stimulating and fascinating.

    While the majority of my practice area involves civil law, there are a slight number of matters that I take up under criminal law too. Therefore, my focus as a lawyer practicing mainly under civil law, deals with resolving disagreements between the parties, suggesting and advising on the remedies available to my clients.

    Being mindful about what the outcome of a civil case or a criminal case could be is crucial for legal professionals and individuals involved in legal matters. 

    What drives me about the legal profession is the complexities and dynamic nature of law which is constantly evolving be it through legal precedents, social and cultural changes or otherwise.

    In your role at Argus Partners, you’ve been involved in a diverse range of matters, from civil and criminal cases to insolvency and arbitration. What aspects of these areas do you find most challenging and rewarding, and how do you approach them?

    Though mainly my practice areas involve civil litigation and a small amount of white-collar crime proceedings, I also represent financial institutions and asset reconstruction companies before the National Company Law Tribunal across the country. Each of these practice areas pose different challenges which depend on the peculiar facts of each case. Similarly, as every individual is different and has their own traits, the cases that a lawyer is engaged for are also distinct from each other, therefore applying the law on facts of those cases can be challenging and the ability to do that is rewarding.

    Each case must be approached with an open mind and accepting of the possible outcomes with the purpose of providing the best possible resolution to your client. 

    Beyond your professional pursuits, are there personal interests or activities that contribute to your growth and well-being? How do you manage the demands of a challenging legal career while ensuring personal enrichment?

    Well, I have never thought of keeping a boundary between my professional and personal life. I believe that my professional pursuits are very much aligned with my personal interests and passions. 

    I find it natural that my personal and professional life is integrated in such a way that my professional success ensures personal enrichment.

    I know of many professionals that find it challenging to compartmentalize their personal and professional lives, especially if work demands spill over into personal time or when personal issues affect their professional performance – thus, time management and self-awareness is crucial in such situations. However, I believe that being a professional is a full-time job and thus integrating it with your personal life can lead to a fulfilling lifestyle.

    With that said, I must add and appreciate that right from my formative years as a lawyer, my seniors have always provided a flexible work environment allowing me to blend my personal and professional responsibilities.

    As someone who provides free legal services and encourages students to uphold constitutional values, what advice do you have for young law students aspiring to make a positive impact in the legal field?

    From my experiences I have noticed that quite often people have preconceived opinions about individuals based on stereotypes. As lawyers, I would recommend that every young law student aspiring to be a lawyer inculcates principles of equality and ensures that every person who approaches them for their legal advice or assistance on any matter, should be treated fairly and without discrimination.

    It is necessary that every individual aspiring to make a positive impact upholds ethical standards and learns from mistakes and challenges, using them as opportunities for personal and professional development rather than being deterred and feeling dejected.

    As a student, it is vital that you choose a specific area of law that aligns with your passion and interests. You need to stay informed about changes in the legal landscape, recent case law, and emerging legal trends.

    Dedicate some time to pro bono cases, maintain a reputation for honesty and fairness as that will contribute to your long-term success.

    Get in touch with Aashdin Chivalwala-

  • A good real estate practitioner needs to be familiar with multiple laws which impact real estate- Probal Bhaduri, Managing Partner at EVA Law

    A good real estate practitioner needs to be familiar with multiple laws which impact real estate- Probal Bhaduri, Managing Partner at EVA Law

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, could you please share with us your journey and how you ended up pursuing a career in law, especially with such a diverse background that includes corporate, commercial, and employment law?

    Prior to joining Law School (National Law School of India University) I was lucky enough to have interacted with Prof. Dr. N. R. Madhava Menon.  It was these interactions that led me to sit for the entrance exam.

    At the time I graduated, law firms did not put lawyers into specific practice areas as is the case today.  I, therefore, got exposed to various areas of laws during my initial years.  At that point of time, the liberalisation of the Indian economy was slowly gathering steam and owing to the same, I ended up doing a lot of corporate and commercial work and found that I enjoyed it.  

    You have extensive experience in mergers, acquisitions, private equity investments, and joint ventures. Could you tell us about a particularly challenging or memorable deal you’ve worked on and what made it stand out?

    Every transaction is memorable since by its very nature a transaction consists of balancing competing interests and arriving at a result which is a win-win.  Personally speaking, the learnings from each transaction have been different since nearly all of them required me to ‘re-learn’. 

    In addition to your work in M&A and private equity, you’ve also advised on real estate transactions. What are some key considerations for clients when navigating the complexities of real estate deals, especially in India?

    Real estate practice in India is fairly varied in terms of local practices and on-ground situations.  A good real estate practitioner needs to be familiar with multiple laws which impact real estate such as stamp duty laws, succession laws under various communities, environmental laws, land acquisition, etc.

    For a good real estate practitioner, balancing commercial needs with on-ground realities and legal protection is key and this is something which requires time and experience.  A diligent real estate lawyer is one who is aware of the legal precedents on a continuous basis.

    You’ve had the opportunity to work both in India and internationally, including with European clients on investment opportunities in India. What are some key differences you’ve noticed in the legal landscape and business practices between these regions?

    One of the key differences I noticed while working abroad was the focus and attention given by law firms to the mental well-being of their lawyers.  The other big difference was the way big law firms were structured to ensure focus on quality of deliverables, knowledge management, standardisation of work products, etc.  Indian law firms have taken time to walk down this path.

    Shareholder and commercial disputes can be intricate and sensitive matters. Can you discuss some strategies or approaches you’ve used to successfully resolve these types of conflicts for your clients?

    In India, given the stress our judicial system has, it becomes imperative to resolve disputes efficiently in a time bound manner.  This makes alternative modes of dispute resolution including negotiation and mediation particularly important.  Drafting commercial agreements which will stand the test of a legal challenge is a first step towards ensuring prevention of such disputes.  Furthermore, a key aspect in intricate shareholder and commercial disputes is the careful balancing of interests of both parties that a lawyer must strive for to ensure a speedy redressal of grievances of the parties involved.  In my experience, commercial disputes usually arise when the thought process of the people at the time of entering into the transaction has shifted which leads to one of the parties trying to ‘re-interpret’ the intention behind a particular provision of a transaction document.  By drafting documents using language which is not capable of multiple interpretations, some of these disputes can be resolved without having to go down a lengthy process of dispute resolution.  

    In my view, mediation seems to be the way forward, especially for shareholder and commercial disputes considering the many benefits it offers.  Lawyers and law firms would be well advised in educating themselves in this area and then advising their clients to use mediation as a process to resolve issues.  

    Your career has spanned various roles, including Managing Partner at Lumiere Law Partners and Director (Legal) at the Avenue Capital Group. How have these diverse experiences shaped your approach to legal practice and client service?

    During my formative years as a legal professional, I was very fortunate to have worked directly under lawyers who I would consider as doyens of the legal profession. Their kindness in taking the time out to mentor me is perhaps the biggest reason why I enjoy what I do even today.  While reading and constantly updating oneself is a prerequisite for a lawyer to do well in the profession, client servicing (learning how to deal with clients) is something which is equally important.  I built upon my client servicing skills gradually over the course of my career while working at law firms in India and abroad.  When I was working at Avenue Capital, I was essentially a client for law firms and that stint was invaluable in giving me the perspective from the other side – how a client ‘measures’ law firms/ lawyers and what he expects from his legal counsel(s).  

    You’ve been recognized by prestigious legal publications like the Legal 500 and Chambers and Partners. What do you attribute to your success in the legal field, and how do you stay current and relevant in such a dynamic industry?

    One of my professors in law school had once made a comment, “Lawyers are not brilliant by birth, they become brilliant only by working hard”.  The legal profession is one of those where knowledge trumps everything else.  When I started off my career, there was no internet, no google, which have now become an integral part of our lives.  Reading and researching, the two essential elements that form a key part of a lawyer’s arsenal, were to be approached differently as compared to today’s times.  This, however, is only half the story. Truly brilliant lawyers, in my experience, have a third element which is ‘analysis’.  In order to stay relevant in an ever-evolving legal landscape, especially in India, the first order of business is to read as much as possible and then analyse what one has read to see how to best use that learning.  Further, having a problem-solving attitude is critical in order to be able to serve your clients effectively and efficiently.

    You’re currently the Managing Partner of EVA Law. Can you tell us about your vision for the firm and the areas of law where you see the most growth and potential in the coming years?

    The word ‘EVA’ stands for life itself. My vision for EVA Law is not so much for the firm but for the lawyers who work with us.  My learning over nearly three decades is that for any vision to be successful, it has to first become a value system for the people in the organization.  

    My vision for EVA would be threefold:  

    (a) Building a culture of extraordinary mentorship.  Lawyers in EVA Law must instil a culture of thirst for knowledge and achieving excellence.  The culture must embrace openness and inclusiveness.  The mentorship must encourage everyone to aspire to become leaders and decision makers.  

    (b) Recognising teamwork is critical.  Every team member in EVA Law will be respected and appreciated for their contribution and learn from each other in that process.  Younger members of the team must feel committed to the process.

    (c) Dealing with mistakes and failures – The work culture must empower people to be secure enough to admit wrong decisions.  Failures and mistakes are not about putting blame on someone but learning individually and collectively.

    In terms of the areas of law that have a lot of potential, data privacy is right up there. I also feel that with the growing trend towards digitisation, cyber security laws will be in vogue.  Also as I mentioned above, mediation will be an important area.  

    As someone who has achieved remarkable success in the legal profession, what advice would you give to law school graduates and young professionals aspiring to excel in their legal careers?

    All the recognitions and accolades that I have received in my career are not by any stretch of imagination attributable to anything extraordinary done by me.  They are a reflection of all my team members who have worked extremely hard to ensure that our work got noticed. Success means different things to different people. For me, success is the fact that people who have worked with me have gone on to become remarkable lawyers; success is the fact that lawyers in my team who are less than half my age call me by name; success is the fact that my clients allow me to tell them what they ought to hear rather than what they want to hear. To all the law graduates out there aspiring to make a mark in the legal profession, all I would like to say is that be the lawyer who other lawyers call when they need good advice and (quite importantly) don’t take yourself too seriously.

    Get in touch with Probal Bhaduri-

  • Woman in the Real Estate sector: a Discussion with Veena Krishnan, Partner at SAMVAD: Partners

    Woman in the Real Estate sector: a Discussion with Veena Krishnan, Partner at SAMVAD: Partners

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    What inspired you to choose law as a career and how has been the decision so far?

    I chose law as a career only because I cleared the entrance test conducted by NLSIU and felt that it would be beneficial if I studied at a University par excellence. I did not even consider law as a career and wanted to become an engineer. Out of the myriad of entrance exams I wrote, my parents had gotten the form for the NLSIU entrance exam and I simply wrote it on a whim. I have not regretted the decision since.

    What were the challenges faced by you at the beginning of your career?

    I wanted to become a practicing lawyer and be based out of Bangalore. At that time, finding good law firms was a challenge and it was initially difficult for me to find a good law firm to work with in Bangalore.

    Since you have also been a part of PoSH and the statutory Prevention of Sexual Harassment, do you think it is implied in local committees where women are neglected in informal sectors? 

    The Local Complaints Committee is a saving grace for women in the informal sector. As far as other establishments are concerned, there is a mandate for a POSH Committee but the LCC helps domestic workers and informal workers who may not be working in an organizational setup.

    Talking about work-life balance, there has been an ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

    I have by and large managed to strike a healthy work-life balance in my sphere of work. Some of the practices I would recommend are – daily exercise and physical activity which would lead to a healthy body and mind; any form of spiritual practice such as yoga or meditation which would enable the mind to stay calm; also while it is important to work hard and strive for professional success, it is important to keep a mental distance from success and failures and not get too attached to the outcome of one’s efforts; time management and conscious utilization of each minute of the day is very important.

    Among all the aspects, i.e,  lease and purchase of office spaces, stand-alone buildings, IT complexes, land, and properties conveyed by government entities such as the KIADB, etc, which one do you find the most interesting and challenging? 

    I find the lease of office spaces and acquisition of land parcels most challenging in terms of the title and documentation issues that arise in these transactions.

    Any road-maps that were followed by you, that you would like to share? 

    Spending time with family and friends; keeping a mental distance from my successes and failures; not comparing myself to others who are more or less successful than me (this consumes a lot of brain power and is a drain on one’s energy); emphasizing on teamwork and delivering quality work to the client and investing time and energy in helping juniors learn the ropes.

    What advice would you give to someone considering a real estate purchase? 

    It is important to make a commercial decision first on whether this property is suitable or not and then look at the legal aspects. The title and other aspects may work fine, but there are several instances where legal things are fine, but it does not work commercially for the client.

    What advice would you give to young law professionals? 

    Take your time and be patient to settle down in an organization, do not be in a hurry to jump jobs; be proactive in asking seniors for work and actively working on seeing a transaction to closure rather than simply doing the work allotted to you; when you are assigned work, do not simply sit down and start on it, but figure out the transaction structure, ask to be included on client calls and meetings. Do not compare yourself to your peers, as each lawyer’s journey is different; work hard and you will surely find success.

    Get in touch with Veena Krishnan-

  • Tanushree Nandan, Partner, Red Ant Realty on work at DLF and Genpact and starting Layman’s Lawyer

    Tanushree Nandan, Partner, Red Ant Realty on work at DLF and Genpact and starting Layman’s Lawyer

    Tanushree Nandan graduated from Symbiosis Law School, Pune in 2007. She went on to join DLF Ltd. On of one her trips she realised that there is a need to fill in this massive gap between a layman and a lawyer and she started the “the layman’s lawyer”. Currently, she is a designated partner at Layman’s Lawyer LLP an online legal service provider, and she is also a Partner at Red Ant Realty.

     

    We asked her about:

    • Experience at Symbiosis
    • Her subsequent jobs at DLF and Genpact
    • Her dream project The Layman Lawyer

     

    How would you like to introduce yourself?

    I am a lawyer by education, an entrepreneur by profession and a traveller by choice!

     

    What inspired you to take up law? Did you have to deal with any resistance from family or friends while making that decision?

    (Taking up legal education has not been a popular choice in India with the prime focus on STEM disciplines.)

    Why did I decide to be a lawyer? Boy, that’s quite a story! It was a tiny little thing. My father told me I ought to be an engineer just like the rest of my family because then I would have the support of my family to launch my career. That my father thought me incapable of making a career for myself, even though I was a confident and self-sufficient girl (thanks to him, in fact!), a reasonably good student, excellent at co-curricular & extracurricular, etc. jarred my ego!

    Most of my school friends also thought that I should be an engineer (because of varied reasons: engineering runs in the family; the medical profession is too daunting) although it never bothered me that much, the peer pressure was against legal studies too! In fact, only one of my close friends took up law – for the rest, it wasn’t even an option.

    So, I knew the expectations of my family & friends. After my 10th boards but before beginning with the 11th standard classes, I had to decide whether I would at all take up science for my 12th which I did not want to, due to several reasons. One, I wanted to rebel and prove my worth by making a career all on my own. For another, I found the science subjects fascinating, but they did not seem irresistible to me.

    Commerce, on the other hand, really excited me. I started spending hours in the school library and the computer lab, trying to read up on career choices after 12th for a commerce student. The obvious choices, of course, were CA, CFA, CS, so on and so forth, however, it was legal studies that caught my eye.

    The more I read about the legal profession, the more I became convinced that lawyer was what I was meant to be!

    To say that I faced resistance at home would be an understatement! When I told my parents of my decision, they went through a range of emotions, utter shock, disbelief, rage, and then resignation. Kind of like, well, if she wants to spoil her own life, what can we do?

    I wanted to prove them wrong and show them I was making the right decision with all my being!

    I started by qualifying in two of India’s best law schools – Symbiosis Law School (under SIU) Pune & NALSAR Hyderabad!

    It just so happened that Symbiosis informed me first – so I went to Pune. Never regretted it and never looked back! And neither did my parents. From the time I got through to Symbiosis, they became quite proud of my achievements.

     

    Did you take part in co-curricular activities while in college? Can you please share with us your experience and opinion on the importance of them in a law student’s life?

    Yes, of course. I participated in national inter-college moots (Raj Anand, BACL Nagpur’s annual moot, etc.).

    They were super enriching – the thrill of the competition mingled with the satisfaction of making new friends. It also taught us a lot of things that aren’t discussed in classrooms – teamwork, balancing grade-work and co-curricular, optimum utilisation of resources, and how to handle sleep-deprivation. These all come in quite handy in a lawyer’s professional life. Especially the sleep-deprivation part!

     

    How did you develop an inclination towards corporate laws? What were your other areas of interest during your legal education?

    It was when I was reading up on the legal profession after 10th, and I decided to take up law… to be a corporate lawyer was a very early decision for me.

    As I advanced through the course, I also became interested in IPR and international business laws. I had those subjects as my specialisation as well. But luckily for me, I never a found reason to waver from corporate laws.

     

    Internships provide students with their first exposure to the practical aspects of the legal profession. Could you tell us about the internships you took up, and what you learnt from those experiences?

    I had very exciting internships! I interned with Senior Advocate Mohan Parasaran when he was the Additional Solicitor General of India. This internship gave me a direct insight into a practising lawyer’s life and the proceedings of high profile cases in the Supreme Court of India.

    I interned with the Mumbai office of Kochhar & Co. twice, during which I worked mainly with corporate issues, consumer cases, and also attended an international commercial arbitration. I was taken under the wing by Kamni Ahuja and Sony George.

    I also interned with Luthra Anand & Associates in New Delhi twice. These mostly taught me that marriage is dangerous! J

    I learned a lot there from Sanjeev Sahay and Geeta Luthra. Although, I did not get a chance to work with Pinky Anand, I think she’s totally awesome! I also worked with K. R. Chawla in New Delhi once – it was mostly corporate matters, legal opinions and the like; and with S. Jalan & Co. in Kolkata once too, mainly on land matters.

     

    Tell us about your early professional experiences at DLF Limited. What have been the main takeaways you have had from your time there?

    I got through to DLF through campus placement. I worked with some superb seniors there – Ms Suneeta Kar, the Eastern Regional Legal Head, was my immediate supervisor. She taught me everything I needed to know about land laws in West Bengal. Mr Surajit Roy & Mr Subha Chakrabarti, who were leading Business Development and Projects in East India, taught me how to balance legalities with business interests. Suneeta left for a better job within a year of my joining, so I kind of by default had to take up the mantle of the Eastern Regional Legal Head. Less than a year of PQE and heading the legal side with such senior and experienced professionals like Surajit & Subha was terrifying in the beginning! That was when Harish Sehgal (then Executive Director – Legal) & Poonam Madan (my immediate supervisor) really helped me grow, giving me the confidence to speak my mind without being intimidated by such senior people. As I let go of the fear, I realised Surajit & Subha were fun, nice people that my fear was only in my mind!

     

    In deciding between Corporate and Litigation practice, what are the parameters that you considered?

    I never wanted to be in litigation. In my opinion, the ratio of exciting cases versus dull, repetitive cases is quite sad! My internships also reinforced that – except with Mr Parasaran, most cases I handled were pretty routine and required no innovation.

     

    How have you diversified your work profile during your tenure at Genpact? What did you enjoy most about working here?

    Oh, a lot! While DLF was only about land matters, Genpact was a whole lot more. I worked with national and international contracts, both as a service provider and a service recipient. I was the Eastern Regional Legal Lead there too – I was responsible for all things legal in East India. So I also worked very closely and extensively with the HR team, handling employee issues, disputes and complaints.

    Compliance management & litigation management were part of my profile too.

     

    What prompted you to start The Layman’s Lawyer?

    Another funny story. I love travelling. Once, I was in this über cool resort, The Misty Mountains, in Uttarakhand. It was literally in the middle of nowhere, some 10 km away from the nearest village, nestled amidst the Himalayas. I was so in love with that place I wanted to stay there forever! And I thought to myself, how can I be a lawyer and stay here at the same time? That’s when it struck me – hey, there was nothing but nature around, but there was internet! And we have very few online legal service providers in India, and the ones that are there are more a marketplace for lawyers and potential customers.

    I discussed this idea when I got back with my co-founder Shankha, who by the way is also a Symbiosis grad from my batch, and we got going to make remote legal services a reality.

    That’s how The Layman’s Lawyer was born!

     

    Can you please share with our readers your work profile so far at The Layman’s Lawyer?

    The Layman’s Lawyer is trying to make legal services available to the common man (aka “layman”) in his pocket! You need legal services? A phone and internet – that’s all you need to get it! We are concentrating on the non-litigating sector of legal services – drafting, vetting, opinions, compliances, para-legal services. Anyone, individual or business organisation, can use our services. Right now, we operate out of a website – www.thelaymanslawyer.com –and we’re planning to introduce an app soon.

    What does a typical working day look like for you as the Designated Partner? How do you cope with the pressures associated with your position?

    Shankha and I are managing pretty much everything on our own now. So we have our hands full with not only client deliverables but also networking, PR, marketing (whatever little the law allows us!) we often end up working for 18 hours a day! But it’s all good and satisfying – The Layman’s Lawyer has been very well received in the market.

     

    Given the dynamic nature of the field you practice in, how do you keep yourself updated about the latest developments in the law?

    We read! Magazines, journals, articles, opinions, newspapers, etc. Whatever we can find! I don’t think that there is any other way.

     

    What books, judgements that you have read would you say have played an integral role in shaping your legal philosophy?

    I am a voracious reader. I read hundreds of books each year.

    It is not one book or judgment that has influenced me – there are many! If I start, I won’t be able to stop naming them.

     

    What are the causes you feel strongly about?

    I feel strongly about pretty much everything! But I guess the thing that motivates me the most is liberty – we have fought long and hard to be free, and yet we don’t seem to be using our freedom very well. Bans and slurs on what we say, what we eat, what we see, what we wear, who we sleep with when we sleep with them they all depress me. I mean, is this the best way to “cleanse” or “purify” society or whatever? Are we free?

     

    How do you manage your time between your professional and personal interests? What are your interests outside law?

    Personal life? What’s that??! J

    I love travelling and driving. In April this year, I was part of a team of Indian men and women (and a super cool British woman) who drove from India to London, United Kingdom. We crossed 18 countries including India, it took 50+ days to get there. It was awesome.

    During this time Shankha managed the entire operations of The Layman’s Lawyer by himself. I chipped in from time to time as best as I could.

    I do the same when he requires some personal time.

     

    Where would you like your career to take you five years down the line?

    We hope to take The Layman’s Lawyer global by then. Wish me luck!

     

  • Yudhist Narain Singh, Real Estate Lawyer, Khaitan & Co., on working with Tier-I firms, legal writing, and his diverse experience

    Yudhist Narain Singh, Real Estate Lawyer, Khaitan & Co., on working with Tier-I firms, legal writing, and his diverse experience

    Yudhist Narain Singh graduated from Symbiosis International University in 2009. Since then he has worked at Fox Mandal Little as Corporate and Real Estate Lawyer, at the Supreme Court as Legal Counsel, at Tata Sky Ltd., and J. Sagar Associates. He is currently working with Khaitan & Co., where he specialises in Real Estate matters and Stamp Duty structuring/advise.

    In this interview we speak to him about:

    • Being a real estate lawyer
    • His experience in legal writing
    • Working at Tier-I firms

    How would you like to introduce yourself to our readers?

    I’am a lawyer specializing in real estate and stamp duty laws presently retained by Khaitan and Co. I advise clients (both international and domestic) on a wide array of real estate/stamp duty related matters such as conveyancing, leasing, transfer through schemes of arrangement, stamp duty structuring, negotiations etc. Previously, I advised regularly on various corporate/commercial/regulatory/international laws and dispute resolution which has provided me with a diverse and sound platform for understanding client requirements.

     

    In your opinion, what are the activities you would recommend as necessary experiences for every law student?

    Law school is probably the best phase in one’s journey of becoming a lawyer and while it is important to have fun and develop as a person, it is also very important to retain a career oriented focus. While activities such as participation in moot courts, pro-bono /legal aid activities etc. are important, I’am of the firm view that good internship(s) play a vital role in skill development and enable law students to understand the profession they are entering into. The time spent in law school is mostly centred around academic development while internships/on the job training provide law students with an unadulterated and realistic view of how the legal profession works which enables the student to gauge whether they have the correct aptitude to work with law firms, a senior advocate etc. Good internship’s also helps create a discipline of hard work, quick thinking, research skills, presentation abilities etc. which are absolutely crucial to one’s career development. Leading firms often base their recruitment decisions for a candidate solely on the basis of their work delivery during these internships.
    Paper publications do help in introducing yourself to the legal fraternity and growing visibility. However, it is very important to research extremely well on the topics that one is writing about. This development of research skills as a student goes a long way in making you a better lawyer. I also highly recommend that authors continue to be actively updated on the latest happenings on topics which they have written previously. Clients/prospective clients tend to follow up and gather information which a lawyer needs to be up-to-date on at all times.
    That said, it is important to have a blast and enjoy law school! Those memories will stay with you forever!

     

    Tell us how you developed an interest in Real Estate Law.

    At the beginning of my career I was blessed to gain a broad exposure working on various laws in both international and domestic environments. However, right from my first day in the profession, I have been actively involved in various real estate matters and gradually developed a keen interest in this sphere of law. My family also actively invested in various properties which gave me a sound practical knowledge of how the business side of real estate operates. During my international stints, I always took a keen interest to understand lands laws of different jurisdictions and consistently compared it to the regime in India. A few years back, I became actively involved in several large real estate transactions which provided tremendous opportunities for me. At the conclusion of these transactions, the sense of satisfaction and reward helped me seal the deal and made me decide that I was going to focus solely on real estate and stamp duty matters. It is truly a pleasure to invest oneself fully in a subject which one is passionate about!

     

    What internships would you recommend to a student who also aspires to profess in the same area of law?

    Real Estate is a subject which touches every strata of society. Therefore, most of the lawyers I have met have dealt with certain aspects of real estate law in some form or the other. However, this area of law is very vast, substantive and specialized. Most lawyers tend to have dealt with only matter specific areas of real estate law. In order to truly understand whether real estate law is for you, you must work with a specialized real estate team who have the requisite skill-set and knowledge to advise the client correctly on real estate matters. Land revenue work, a complete understanding of transfer/devolution of title of property, advise in relation to mortgages/the effects of creating a charge on immovable properties, stamp duty implications in transactions etc. require a certain degree of specialization which only comes to those who are dealing with these subjects day in and day out. Therefore, I suggest that anyone seriously considering to specialize in this direction should intern with a specialized team. It is a very interesting and challenging area of law!

    A very solid understanding of the Transfer of Property Act, Indian Easements Act, Indian Stamp Act, and Registration Act etc. is a fundamental pre-requisite in this area of practise and one needs to be conceptually clear as you will keep referring back to the bare act/commentary on a regular basis while advising clients.

     

    From your experience in legal writing, please share with our readers the kind of topics that one must write on if they hope to get their work published in reputed journals.

    In my view writing on relevant and burning topics is a huge value-add as a professional since it requires a lot of research and requires the author to view the topic from an objective third-person standpoint. During this research, you often get a clear perspective of what are the happenings at a macro-level in the nation while also being able to see how new legislation/change in the regulatory framework is actually affecting people at the ground/local level.
    For instance, in the early days of demonetisation people tended to take a very sceptical and negative view for real estate. However, with the passage of time and the governments thrust on the implementation of Real Estate (Regulation and Development) Act, single-window clearance regulations for getting building approvals, proposals by various States to lower circle/revenue rates etc. there is a new sense of enthusiasm in the real estate market and people are expecting the market to come back in a highly transparent and regulated manner with a more realistic market value. Therefore, a great amount of research and objectivity is required to draft a sound and balanced article. International journals/publications required the latest position on relevant topics which need to be well researched and represented in a succinct and clear manner for people in various jurisdictions to easily understand. In my view as a legal professional writing regularly does increase market visibility and helps you to stay up-to-date on many issues.

    Please share details of your Ashurst internship experience with our readers.

    Working/training at Ashurst and/other well-established international law firms in a foreign jurisdiction provides great insight and learning. In many ways these firms work in a highly structured and efficient environment which most Indian firms cannot even fathom. As a trainee, one gets access to research tools, learns drafting skills, attends international conferences/forums etc. which one would not ordinarily have exposure to in India at such a young age. In my view, stints with law firms abroad are essential in developing and broadening a young lawyers own outlook on a global scale and broadens your view of the legal profession. It teaches young lawyers to work in a culturally diverse environment and really shows you that professionalism can overcome any cultural/language barriers irrespective of the backgrounds of the people you are working with. Today, I have a huge level of comfort working with various international clients which stems from the international opportunities that I actively participated in at the beginning of my career. While working in London, Rome, Paris and Milan was rewarding, travelling on work at a young age really changes your outlook towards the world and people, not only as a lawyer but also as a person.

    Please describe your experience at Gianni Origoni Grippo Cappelli & Partners, Milan.

    Gianni Origoni Grippo Cappelli & Partners is truly a world class firm and my secondment experience with the firm was very good. Even though Italy has its origin in civil law jurisdiction, the cross-border investment transactions that I was involved in was very insightful and challenging and taught me that irrespective of jurisdictions, corporate commercial deals (and diligence/documentation) is very similar all over the world. Working in a truly European firm also exposes you to how seamless business is within the EU, and the significance of international treaties/charters.
    International firms look for young lawyers who are bright, hardworking and are willing to work in a culturally diverse environment. They look for young candidates who have a global perspective and senior foreign lawyers are very interested in learning about Indian laws and cultures. A global perspective of the inbound/outbound deals and macro understanding of the Indian economy are crucial. Excellent command of the English language and clear communication/presentation skills are a pre-requisite as most international opportunities have huge business development roles/involvement as well.

     

    Give us some insights on the qualities that Tier-I firms look for in prospective candidates.

    (Yudhist has work experience at Jyoti Sagar Associates as well as Khaitan & Co., two of the most sought after firms by law students.)
    Khaitan and Co. is an excellent firm to work for and there is a surge of energy when you arrive at office everyday which cannot be described. It has a pro-active “can do” environment and does not shy away from taking on extremely challenging assignments from clients. They have adopted globally accepted best practises and the firm has a solid foundation on the basis of which it has grown consistently. The Partners are very approachable and there is a lot of positive synergy between teams/resources. Similarly, J. Sagar Associates was also a good firm to work with.
    Tier-1 firms look for young bright candidates who have a positive attitude and clarity of thought. These firms expect that these candidates have their fundamental legal concepts extremely clear. In my view, these firms know very well that new lawyers (in their first or second year) are not going to be experts and invest a tremendous amount of time and resources developing and training these young resources. In my experience Tier-1 firms adopt a long-term perspective for their candidates with a view to helping them grow so that the relationship between the firm and the candidate is a mutually beneficial one.

     

    How important are grades in order to get into a Tier-I firm?

    In my humble view, the law school or GPA is no measure of how good a lawyer is going to be! This is not to discourage people who have worked hard to get into top tier law schools, but in reality, I have seen it is your personal motivation and willingness to learn and grow that makes you the lawyer that you are.

     

    Can you tell us about your experience with Tata Sky Ltd. as legal counsel?

    My role at Tata Sky was a challenging and refreshing one! The work undertaken by me was mainly in relation to regulatory laws as the DTH industry was highly regulated by the Ministry through TRAI. This role involved interpretation of various regulations and involved actively lobbying/interacting with various government bodies and officials. It taught me a lot in terms of how to handle government departments and made me realise that corporates and government bodies can find common ground for development of an innovative and relatively unexplored industrial sector. Additionally, the AGR matter in the Supreme Court was particularly a challenging matter to work on and it also gave me a great opportunity to brief/work with Mr. Arvind Datar who I sincerely feel is a phenomenal Senior Advocate.

    In my view, working at in-house teams in India is very subjective. It is based solely on the organisations requirements. Some companies have cutting edge in-house legal teams which are at par with law firms (for instance Facebook, TATA Sons, Google, PepsiCo.) while others merely have legal ‘managerial’ roles. For prospective law students considering to join an in-house team my advise is to really do some thorough research on the team and its involvement in the company’s operations. As a practising lawyer, I would always advise fresh law graduates to practise for a while before settling for an in-house position in order to determine what this profession has to offer.

     

    Younger law schools do not have the benefit of a well-connected Recruitment and Placement Cell or an established alumni network. How should students from these colleges go about applying for internships or jobs and overcome this disadvantage?

    I agree that established and prominent law schools, especially the National Law Schools have a firmly established presence with an unmatched alumni which makes it easier for recruitments from these schools.
    This profession involves a lot of resilience –keep applying irrespective of the outcome and keep wanting to grow no matter what the circumstances. Study hard, publish well researched articles regularly, grow visibility, and participate in moots/debates. It is vital to add value to not only to yourself but the institution that you are studying in. Every law school was once new and it takes years to establish one-self in a highly saturated market. I sincerely believe if you are hardworking and earnest, an opportunity will click in your favour!

     

    What would be the specific career advise you would give to persons entering into the legal profession?

    I would advise fresh entrants as follows:

    1. Enter the legal profession with an open mind without limitations and a positive outlook.
    2. Simply put, there is absolutely no alternative to hard work and putting in the hours.
    3. Take on all the work you are given, everything is a learning opportunity.
    4. There are no failures, only lessons learnt. It is a tough profession and it is vital to be resilient.
    5. It sounds clichéd, but don’t focus on money solely at the start of the profession, it will come.
    6. Gradually develop a long term view of where you want to be.
    7. This is a highly competitive profession and I am of the firm view that you must find your own niche area which should be based ideally on a subject you enjoy.
    8. Enjoy this noble profession. It is as rewarding as it is challenging!
  • Shriya Jain, Associate, Wadia Ghandy & Co., Ahmedabad on work experience in real estate at a top tier law firm

    Shriya Jain, Associate, Wadia Ghandy & Co., Ahmedabad on work experience in real estate at a top tier law firm

    Shriya Jain, a 2013 graduate of Institute of Law, Nirma University, Ahmedabad is currently working as an Associate at Wadia Ghandy & Co. She works in their Property Team, in the real estate department and handles the drafting of transactional documents relating to real estate and also makes title certificates. In this interview she tells us about:

    • The passion for indulging in extra/co-curricular activities;
    • The importance of drafting as a skill;
    • The interesting path of choosing to do different things;
    • The importance of breaking barriers.

     

    How would you like to introduce yourself to our readers?

    I am a part of the 2013 graduating batch of Institute of Law, Nirma University, Ahmedabad. I started my practice with Wadia Ghandy & Co., Ahmedabad in their Property Team and have recently completed three years with the Firm. Coming from a non-legal background, my journey till here has been very interesting and surely a roller coaster ride.

     

    What would you like to share with our readers about your experience at ILNU, Ahmedabad?

    In one word – Enlightening! We were the second batch of the Institute; hence, we as an Institute were exploring and learning a lot of new arenas of a Law School, like moot courts, debates, seminars, MUNs and such. These were very raw and new for us. Particularly, because of this reason, the initial batches had an added advantage. Further, the best thing about ILNU is that it focuses on various modes of teaching law, starting from classroom lectures to seminars, guest lectures from practicing lawyers, innumerable extra-curricular and co-curricular activities, mandatory internship for 9 semesters, setting up a legal aid clinic and giving students firsthand experience at an early stage to gain these experiences. I have tried my level best to absorb something from each of the above activities.

     

    What were your areas of interest in the law?

    This question has been rightly put up as what ‘were’ my areas of interests in law, as my interest has taken a drastic turn… by chance. During my days in law school, I was really interested in Corporate Law and wanted to pursue it further. At the time of campus placements, I was offered a position in the property team of Wadia Ghandy & Co. and I thought I should give it a shot! It would have been something new for me and I would have learnt about a field I had not much heard of. And to be honest, I have never looked back since then.

     

    During your time at ILNU, what, if any, extra-curricular or co-curricular activities did you take up? How did the same affect your learning experience and prepare you for the legal sector?

    ILNU has given me various opportunities to explore and enhance my potential. I am someone who cannot rely only on academics. My focus has always been on overall development. Since my school days, I was clear on one aspect – I would participate in extra-curricular activities. It builds your personality, enhances your creative side, gives you an opportunity to meet several people and learn from them, develops a competitive spirit and gives you an edge. I carried this pattern of my life to college as well, ensuring from the first semester itself that I am involved in the extra-curricular and co-curricular activities of college, and I did this till my tenth semester there. I was very inclined towards debating during my school days and, in college, I was introduced to Parliamentary Debates and the concept of adjudication.

    shriya-jain-2In my first semester I was given an opportunity to represent the Institute as an adjudicator at the NLS Debate hosted by NLSIU, Bengaluru. After this experience, I don’t remember any year of my college where I didn’t participate in a debate competition and have since adjudicated Semi Finals and Final Rounds of various National Level Parliamentary Debate Competitions. In my final year, I was made the Chairperson of the Debating Committee of ILNU and along with my wonderful team, we organized the 1st ILNU National Parliamentary Debate Competition. Oh what an experience that was!

    Apart from this I was a part of the team which qualified for the Asian Regional Rounds of the Manfred Lachs Space Law Moot Court Competition, 2012; presented a paper on the topic of “Emergence of Refugees in Non-International Armed Conflict : Its Implications on the Host State and the Role of UN” at the International Law Students Association Annual Summer Conference, 2010 at Istanbul, Turkey, a topic which is co-incidentally very relevant today. Participating in these activities (you may choose whichever activity holds your interest, but make sure you are doing something apart from sitting in classrooms) gave me an opportunity to interact with law students from all over the world and it has been a wonderful experience throughout.

    I was also involved in cultural activities like fashion shows organized by ILNU, where I was spotted by a creative agency and starred in videos pertaining to ‘Awakening of Youth’ by the Government of Gujarat and in another video for ‘Save the Girl Child’ campaign.

     

    Having been working with one of the best law firms in India, what can you tell our readers about what law firms look for in potential candidates?

    Your basics of law should be clear. As a firm or any recruiter for that matter, we understand that a fresher may not have an advanced knowledge of law and may not be able to respond correctly to every question. Therefore, we would want to see how clear your basics are. Further, being curious and having the zeal to learn at every step, good drafting skills etc. are looked forward to.

     

    What led you to gravitate towards Real Estate practice?

    My earlier response to areas of interests covers how I started with real estate practice. The scope of work in this field is not known to many, including how the laws are different in each State. It is not taught in law schools and is very different from other areas of practice. Also, there are few women lawyers in this field. In my 3 years of practice, apart from the lawyers in my team, I would have interacted with not more than 3 female lawyers who are practicing in real estate. And because of this fact, clients (from real estate) are not used to having female lawyers. In our field, our clients are mostly builders, farmers etc. where female presence is generally very less. Therefore – and I don’t blame them – they are a little shocked to see a female lawyer involved in the matter. My initial 10 minutes of every client interaction is invested in building confidence of the clients. It is good to break barriers!

     

    How important do you consider drafting as a skill, especially for those who are interested in transactional practice?

    Your document is the end product of your knowledge. Hence, it is extremely important to have good drafting skills to portray the understanding of clients and your knowledge in the best possible way. As a transactional lawyer, 75% of your time is invested in drafting agreements. I would say, if you want to be a transactional lawyer, focus on enhancing your drafting skills. It is all about how you bring out the understanding on paper. Do not confuse it with using fancy language and Latin terms. Be simple, precise and coherent.

     

    What would you like to share with our readers about the general rigorous and demanding nature of a corporate sector job?

    If you enjoy what you are doing, you will not find it to be rigorous or time consuming. Yes, you have to put in hard work and lot of hours, but that is an investment at the end of the day.

     

    Finally, what parting message would you like to give to our readers?

    I shall put this in a precise manner:

    1. Read a lot. From course books to articles, essays, fiction, non-fiction, history etc. As a lawyer, you should not restrict yourself to course books or specific laws. Enhance your knowledge, there is no limit. Like my Father says, “College is there to only provide you guidance, it is your responsibility to learn and shape your career”. Another advice which I have taken from ILNU is from one of our lecturers, Mr. Divya Tyagi, “You speak what you read”. Hence, read quality books;
    2. Participate in Co-curricular/Extra-Curricular activities;
    3. Work with a lawyer after college hours. This will give you an experience as to how the law is applied in reality;
    4. Socialize with your peers from other law schools, lawyers and lecturers. The knowledge and exposure that you will get from interacting with them is invaluable and shall be with you for life; and
    5. Enjoy your time at law school. It is a wonderful experience!

     

     

  • Khyati Rathod, Senior Associate, Khaitan & Co., on work experience in real estate laws

    Khyati Rathod, Senior Associate, Khaitan & Co., on work experience in real estate laws

    Khyati graduated with a B.A. LL.B from Jitendra Chauhan College of Law (Mithibai) in 2007. After graduation she joined Desai & Chinoy (Advocates & Solicitors) as an Associate. After specializing in real estate laws for almost two years, she joined Khaitan and Co. as an Associate and currently works as a Senior Associate there. In this interview she talks about:

    • Specializing in real estate laws
    • Recruitment at Khaitan and Co.
    • Being a Senior Associate at Khaitan and Co.

     

    What got you into legal studies? Was it all planned or something that just happened by chance?

    I love this question – Why law? I come from a family full of Chartered Accountants and Engineers and to be honest, this was the first question that everybody asked me when I informed them about my decision of choosing law as my career. The sole motivation to turn towards law was my own conviction and the hallmark of prestige towards this profession. The legal profession appeared to me as one of the most intellectually rewarding jobs on the planet!

     

    How was your experience at Mithibai Law College, Mumbai? What activities were you involved in apart from the regular academic curriculum?

    I graduated with B.A. LL.B. from Jitendra Chauhan College of Law (Mithibai). I have had a wonderful experience in Mithibai. From the very first year of my college, I was given an opportunity to represent our college in some of the prestigious moot court competitions. I was also part of a team who organized moot court competitions and seminars. Co-curricular activities help you develop an all-round personality, improve your interpersonal skills and also boost your self-confidence.

     

    What were your major interests as a student of law?

    Let me answer the latter question first. Figuring out what practice area to choose after law school is a big decision. To start with, I would say there has to be a self-assessment as to whether you want to be the expert or generalist. Choosing a practice area will depend upon a variety of factors like inventories of your interest and skills, an eye towards the law school courses you most enjoyed, long term goals, work-life balance and so on. I strongly suggest undertaking internship programs in the formative stages of your legal career as such programs are an ideal way to make you realise your interest in specific area of work.

    During the early course of one’s career, one may venture into areas that were not originally considered. Be alert to your changing interests, the changing law and changing markets. Be open minded and unafraid to learn something new.

    The urge to swot the business and legal aspects of real estate was always within me. I was fortunate enough to work on property and alternate dispute resolution matters during my internships and in my earlier law firms.

     

    What is your take on academics? How important do you say is a good CGPA for an illustrious career?

    There seems to be an incredible fascination amongst law students for maintaining high CGPA and well, let us be honest, who wouldn’t want to score good marks in an examination? The first impression is created by your academic achievements which includes CGPA. However, one should not equate scoring of high CGPA to “success”. I do not wish to negate benefits of scoring of high CGPA but personally, in my view, the concept of “CGPA” is considered as an easy way to assess merit while a securing job. According to me, CGPA cannot be the best indicator of a person’s ability. Let us not forget that at work and in your daily routine, all that matters is your hard work, confidence and your zeal for having in-depth knowledge about your subject. You may be the topper from a law college but that may not make you a good lawyer! Don’t despair if your CGPA isn’t ideal; however, do drum up your effort in practical experience and professional networking.

     

    How was your first year after graduation? What do you think were the biggest hurdles and challenges in the early days of your career? How did you deal with them?

    Law school does not prepare you to practise law. Of course, it teaches you how to “think like a lawyer,” but when you get your first job as lawyer, you will find that you’re completely in the dark about lot of things. It was a new world with a plethora of experience. One needs to put to use all theoretical knowledge that was learnt in a law school! Luckily for me, I undertook internship programs during my initial days. I would not say that I learnt it all during these programs but it relatively became easier for me to gain a bit of experience and showcase the same when I secured my first job as a lawyer. One more important factor which helped me was that I got to work with wonderful people. Healthy work environment plays an important role to combat any challenge.

     

    What is your opinion when people say that all that they have learnt is in their years of practice?

    I would like to say my learning during college days helps me every day in some or the other aspect. We were encouraged to do mock-trials, give presentations and so on. My professors and seniors still remain my mentors. It depends on how you make the best out of the opportunities given. Legal education helps in gaining theoretical knowledge. Yes, there is no doubt that you learn a lot when you are actually in a situation where you have to put to use “theoretical solutions” to “your practical problems of clients”! I believe everything cannot be taught in a classroom and this is a profession where there is continuous learning.

     

    After graduation you joined M/s Desai &Chinoy (Advocates & Solicitors) as an Associate. How was your experience working there?

    Desai & Chinoy was a wonderful experience for me. The best part was that this was my first job after graduation and I was fortunate enough to gain insights about property matters in my early years and worked with wonderful team.

     

    khyati-rathod-2

    Thereafter, you joined Khaitan and Co. as an Associate and currently work as a Senior Associate there. What led to this shift?

    My superiors will be in a better position to answer this question! The initial few years of your career require lot of hard work, dedication and persistence to grow. I was driven by these factors which helped me to climb the ladder. I am fortunate enough that my work has been acknowledged and appreciated by my partners and senior management. Over all, it is all about your hard work coupled with an optimistic outlook to absorb new things.

     

    Please tell us the recruitment process at KCO. How did you appointment take place?

    Recruitment process is at KCO is extremely transparent and well structured. Real Estate practice is slightly different from other practice areas. As our team has expertise in real estate sector, it was very important for the team to absorb people who will easily comprehend property laws, specifically, pertaining to Maharashtra. I had 2 rounds of interviews. I was directly interviewed by the partners and after 2 rounds of grilling sessions, I had my offer letter with me!

    What kind of work and responsibilities does a Senior Associate at KCO deal with?

    KCO gives an opportunity to develop ourselves as professionals as the common objective is to grow. It gives opportunity to take independent decisions.

     

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

    No matter where you work, adhering to professional ethics benefits your career. Foremost is to own up to your mistakes. It is simple – you can’t learn from your mistakes if you can’t acknowledge you’ve made them! And if you don’t learn from your mistakes, you’re destined to repeat them. I also ensure to have good working relationship with my colleagues as it helps to maintain healthy working environment.

    My advice will be to maintain a “good work ethic” and make it an important part of your professional package. Your overall reputation and particularly your references will follow you the rest of your life, particularly for your career.

     

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

    Being a Senior Associate is not an easy job and of course it comes as an added responsibility! You are accountable not just to your seniors but also to your clients. You will also have your junior colleagues who will look up to you for your guidance. Your whole outlook changes and you start feeling more responsible which also includes negative consequences if any! Yes, I do come across work pressures but I have excellent colleagues at associate level to make my life easy.

    Work life balance? On a lighter note, my friends always say that “work life balance” in the legal industry is oxymoron! Yes, law firms usually have long working hours but you also enjoy reasonable amount of flexibility. For me, my work starts sharp at 9 am and depending upon the work, my working hours vary from 10-11 hours each day. I try and prefer to finish work at office even if it calls for having late working hours. However, at times to meet urgent deadlines you are left with no choice but to carry work home. To be realistic, there cannot be a “perfect” work life balance but one should strive to achieve a balance between one’s personal and professional life. I strongly feel that it is achievable.

     

    Have you ever considered litigation or starting up on your own? Would you say the opportunity a firm provides for a young lawyer is worth the trade off in building a reputation?

    Honestly, the amorousness for doing litigation or visiting the courtrooms everyday never got to me. I haven’t considered starting up on my own as my work profile in KCO gives me immense work satisfaction. I think starting up your own is a personal choice.

    I do agree that the law firms be it in small firm or a large firm provide excellent platforms for lawyers to make a mark and build reputation. However, I do not necessarily think of the trade-off between a law firm practitioner and a private practitioner. At the end of the day, reputation happens to be the most important asset for all professionals and all of us endeavour to work towards it in some or the other manner.

     

    Given a chance to turn back the clock would you have done anything differently from what you’ve done?

    By nature, I have always been headstrong. I have always had clarity of thoughts in decisions that I have made so far and therefore I wouldn’t really want to turn back the clock. In fact there’s no looking back now.

     

    Lastly, what would be your message to a law student who is yet to decide his/her career?

    It may sound cliché but find what you love and work hard to achieve it! If you wish to become a lawyer, be prepared for challenging work and lots of it. The legal profession is one of the most lucrative industries in  the job market and there are plethora of opportunities for law graduate.

    To quote Mario Puzo in The Godfather – “A lawyer with his briefcase can make more money than a burglar with a gun, if he has a sharp wit and intelligence.”