Tag: Recovery matters

  • “There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.” – A First Generation Lawyer’s Journey to Success, Mahesh Arkalgud, Partner at ATV Legal

    “There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.” – A First Generation Lawyer’s Journey to Success, Mahesh Arkalgud, Partner at ATV Legal

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

    Reflecting on your journey, could you share with us how you embarked on your career in law and what inspired you to pursue this profession? Additionally, what significant milestones or experiences along the way have shaped your trajectory and approach to the practice of law?

    In my childhood, I just went with the flow and as was the trend in the early 2000’s, I took up science in my 10+2. Having seen my elder siblings venture into Engineering studies, and having myself studied science in 10+2, I was clear that I was not cut out for that kind of studies and work. I was greatly influenced by the words of my father to look at law as an option. My father had obtained a law degree, but never practised. He went on to become a Civil Servant. He shared a lot of his experiences in his work, which was inevitably interspersed with the legal system. 

    Once I began my legal studies, there was no looking back. I took on legal studies like a duck to water. I must say I was at peace with myself and really enjoyed reading legal literature. During my college days, I took up internships largely with a view to understand which area of law to practise in. I did internships with law firms as well as chamber lawyers and was very keen to understand how a lawyer’s life would be. In every place I have interned, I would pick the brains of the seniors in that firm from every vertical of the practise, to understand how actually their work was. The guidance from the Partner in the last law firm I interned, whom I eventually regard as my mentor in the profession, enabled me to firm up my mind to be a litigator. I eventually joined that firm’s litigation practice.     

    As is the case with most litigators, the initiation was extremely rough with quite a few bitter experiences and novice mistakes in Court. Fortunately, my senior colleagues were very supportive and encouraged me. I always felt that I had more to offer than was being asked of me by my firm. I was quite restless and impatient to make a mark. 10 months into the practice, I got my first big opportunity. Due to various factors, I was the only person from the litigation team that was available in office, when a case in which we were on caveat, for a premier client of the firm, came up and we were required to appear. I grabbed the opportunity, channelised my restlessness and desperation well, and ensured that the Partner would have no reason to put any other person onto that matter. There onwards, I was looked upon as a reliable hand in litigation matters and my confidence grew day by day. 

    After moving on from established law firms, you started your own firm and later moved on and partnered with other lawyers. Can you reflect on this journey of yours?

    I was with two law firms in a period of five years after starting off. There afterwards, along with three other lawyers we started our own law firm in 2015. It was a leap of faith. An exciting phase of establishing a practice. Each of us knew that we had the potential to build a practice. The first few months were spent in establishing connections and meeting a lot of people. Most of the connections initially made, continue to result in referrals and work. It is crucial to meet people and network with them. Sincere and truthful efforts will always yield good positive results. Proud that some of the referrals that come about now are multi-tier referrals, which means that the word of mouth has travelled far and wide. Presently I have joined hands and partnered with a bunch of lawyers, who were all peers in my first law firm. We all have been through the growth curve and survived the rigors of the profession and now have similar career trajectories. 

    Given your diverse expertise, particularly in construction and commercial arbitration disputes, what common misconceptions do clients often have about this area of law, and how do you address them?

    In most construction disputes the construction company would inevitably want to make claims for damages. While the construction company feels shortchanged with the manner in which the owner of the project would have treated it, I find that claims are made for the sake of making it, with hope that at least a part of the claims come through. Same is the case in some commercial matters. I think it is extremely important to think through the claims and build a robust foundation for the claims which are in the nature of damages. It is critical to evaluate evidentiary value of what a client believes to be ‘evidence’. We should not encourage a client to just dump their files and expect the lawyers to churn out magic. It is important to educate a client about law and on how things will actually pan out before a Court/Tribunal. I believe that keeping the client fully in sync with the legal process and proceedings helps to bring the best out of the client as well as the lawyer. I have often found that a hands-on client is able to provide quality inputs and results in better output from the litigation.    

    In your extensive experience, what would you consider the most effective strategy for resolving disputes outside the courtroom? Could you share an example where alternative dispute resolution methods yielded exceptional results?

    An out of court settlement is achieved through negotiations and eventually mediation. I find that a large number of disputes are a result of frail egos or personal grudge. There are also the opportunistic litigations. In any event, it is imperative to understand every aspect of the dispute and all things that resulted in the creation of the dispute. If one is able to delve into the core of a dispute and unearth its origin, everything including that which is not stated on paper, one can actually do a good counselling job on the client to see how to proceed with the dispute. It is also important to set the expectations right and let a client know the best case and worst-case scenarios by explaining the law. 

    Such out of court settlement also depends largely on the psyche of the client. A recent case was where a client wanted a larger payout from a defaulting tenant. In the very first meeting the client said that they were willing to go up to the Hon’ble Supreme Court. I spent quite some time understanding the client and also on why the client was so passionate about fighting the tenant. As the client felt comfortable with me, they opened up and explained the entire history and the backstory. Upon several rounds of counselling, the matter was eventually resolved with the issuance of a lawyer’s notice. There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.  

    As a first-generation lawyer, what advice would you give to aspiring legal professionals who are just starting their careers, especially those aiming to make a mark in the competitive legal landscape?

    While I agree that having someone who has been there and already done that helps, especially in the litigation vertical, it is not impossible to carve out a space for oneself being a first-generation lawyer. The challenges start from finding the right office to start off with; to getting the right leads for building a practice. One needs to be proactive and extremely alert to the opportunities and possibilities. I was fortunate that I found a great mentor to start my practice. Once you commence, it is important to be relevant and display the eagerness and hunger to learn. Resilience and adaptability are crucial traits to forge ahead. One needs to keep evolving with the times and stay abreast with new developments. At the beginning of a litigation career be ready to do all kinds of work and work in all jurisdictions. It helps you in the long run, especially when you venture out on your own. A lot of my learning has happened through witnessing other lawyers in action. While it is good to catch up with a friend in the corridors, it is extremely important that one does not waste the time while waiting for their turn in the Court. Inspirations are aplenty in Courtrooms and one must not miss such opportunities.     

    With your experience appearing before different High Courts and tribunals across the country, what key differences have you observed in legal proceedings and judicial interpretations, and how do you adapt your strategies accordingly?

    Every tribunal or forum has its own characteristics in terms of the process or presiding officers or the legal practitioners appearing therein. It is crucial to understand and respect the local practices and adapt quickly. Lawyers from Delhi are very assertive and persuasive, they go about their brief with extreme focus, while lawyers from Mumbai are highly efficient and meticulous. I find that lawyers from these two jurisdictions are thoroughly prepared and come with the go getter mentality. These days, with virtual appearances possible, it is indeed a great experience to appear in different jurisdictions. Each appearance in a different forum enriches one’s exposure immensely.    

    Continuous learning is essential for professional growth. How do you prioritize ongoing legal education and skill development within your firm, and what resources or platforms do you find most valuable for staying updated with legal developments and best practices?

    These days information is available in plenty and in various modes. The judicial precedents laid down by courts is the most important legal education for practising professionals. New legislation and amendments in our area of practice is something which we keenly keep an eye out for. Various portals reporting the Court rulings and publishing articles on various legal aspects, become the first point of reading about the developments. One tends to get busy with the cases on hand and at times stop reading other than for a case on hand. Therefore, it is a goal to publish articles and analyse new developments and roll out newsletters. That way not only are we keeping ourselves updated, but also enlightening clients on new developments. Needless to mention that for a litigator, the Courtroom remains the ultimate place to learn best practices. 

    With the demands of a challenging legal career, maintaining a healthy work-life balance is crucial. Could you share some of your favourite ways to unwind and recharge outside of work, and how do these activities contribute to your overall well-being and effectiveness as a legal professional? 

    It is important to give attention to oneself, family and the work. While in the initial stages of a career it is inevitable that work takes precedence over anything else, one should not completely kill any other passion for the sake of work. The earlier that one is able to obtain a work life balance, the quality of life would be better. Drawing up boundaries on each aspect of life and respecting those boundaries would help immensely. I am passionate about fitness and nutrition and end up doing quite a few activities on that front. While in pursuit of such endeavours, I meet people from different backgrounds and that too enriches my personality. Lately I have taken a liking to learn to play a musical instrument. It is a good way to unwind and quite relaxing. The cliched statement that if one makes it a priority, they will find the time to do it is very true. 

    Get in touch with Mahesh Arkalgud-

  • “Fostering effective collaboration is fundamental, whether engaging in negotiations or providing legal support, this entails a comprehensive approach grounded in clear communication, cooperation, and trust.” – Sudershani Ray, Partner at VantaLegal

    “Fostering effective collaboration is fundamental, whether engaging in negotiations or providing legal support, this entails a comprehensive approach grounded in clear communication, cooperation, and trust.” – Sudershani Ray, Partner at VantaLegal

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

    You’ve had an extensive career spanning over 13 years in law. What initially drew you to this profession, and how has your journey been so far?

    Law was not my first choice, I always dreamt to become a doctor. But there was no way I could have made it to a medical college, as I was not good in maths and science.  20 years back  professions like law, engineering, and medicine were highly respected and prestigious, the level of respect they receive can fluctuate for a variety of reasons.  So, I decided to pursue law to serve the community. Just as doctors work to heal and improve the health of individuals, lawyers work to uphold justice, protect rights, and ensure fairness within the legal system.

    What inspired you to specialize in divorce law, service matters, civil, and criminal law?

    At my law school I intended to become a corporate lawyer or work for corporates during my internships I discovered a passion for litigation.  

    As a junior I worked in the chamber of prominent lawyers such as Advocate Neelima Tripathi( now senior advocate) , Advocate Gurang Kanth( now Justice Guarang Kanth), Advocate Suparna Srivastava wherein each day was  a learning experience, with victories and setbacks alike serving as fuel for my determination to continuously improve.

    Working in the chamber of my seniors I wealth of knowledge in field of civil law and property law which enabled me to lay a strong foundation in the civil law and property law.

    Why I became a family lawyer?

    This is a question I, admittedly never actually asked myself before, that is until in 2015 when I started considering for opting an additional specialization.  I sat down and actually asked myself … well , why did you  want to become a family lawyer in the first place?

    The answer I discovered was quite simple?

    I am an empathic person, who likes to help people, I love to listen to people’s problems and help guide them through sometimes the most difficult time in their lives.  When you’re going through a divorce, there’s a lot on the line. From your finances to your home and even the time that you spend with your children, it will all be a part of your pending divorce. Being a good Family Lawyer is to be understanding and empathetic, without becoming emotionally involved in your client’s life.

    Family Law is a difficult area of law, it is emotional for clients as they are often at their most vulnerable, people are frustrated with delays and costs (both of which are increasing each year), and no-one ever really wins. But at the end of the day, I would say in nearly every case I have advised or acted for someone I can look back and say I helped that person (even if it was only in a small way) and that is what matters to me and what makes it all worth it.

    You’ve been practicing independently for quite some time now. What motivated you to establish your own firm, RAY & ASSOCIATES?

     Establishing my own firm, RAY & ASSOCIATES, was a decision driven by a combination of ambition, capability, and a desire for autonomy. After gaining valuable experience practicing independently, I felt compelled to create a platform where I could orchestrate operations according to my vision and values. The motivation stemmed from a deep-seated belief in my abilities and the conviction that I could lead a team to success. Founding my own firm allowed me to cultivate an environment where I and my associates could work collaboratively, pooling our strengths and expertise to achieve common goals. Moreover, the opportunity to work on my own terms, setting the pace and direction of our endeavour’s, was immensely empowering. By establishing RAY & ASSOCIATES, I aimed to create not just a business, but a supportive and inspiring workplace where every team member feels valued and motivated to excel. This journey has been fueled by a relentless determination to innovate, grow, and make a meaningful impact in the legal landscape, driving us forward with passion and purpose.

    We understand that you specialize in matrimonial disputes among other legal areas. Can you share some insights or experience from one of your cases where the lady paid alimony to her husband? How do you approach such cases, and what factors might lead to such outcomes in matrimonial disputes?

    There have been a plethora of memorable cases mostly in the field of family law but a  exceptional  case I handled was where a wife  paid a certain amount to husband to get divorce. Certainly, in matrimonial disputes, the payment of amount by the wife to her husband is relatively uncommon but not unheard of.

    I recollect that the client X ( Name not disclosed for privacy) entered by office and presented the brief. He said  Mam I am a victim of false cases .  I want compensation and alimony. I laughed on him and remarked “ You have gone crazy and this has never happened to my knowledge . My client was adamant and persistence  to seek alimony from his wife.

    Family law is patience and perseverance.    This client of mine  cooperated in all legal proceedings and mediation. The man was ready to face the trial without fearing for consequences.

    In today’s time, there are increasing reports of men being victims of false allegations in matrimonial cases. What advice or insights would you offer to individuals who find themselves in such challenging situations and may not know how to navigate the legal complexities effectively?

    Navigating false allegations in matrimonial cases can be an incredibly daunting and emotionally draining experience for anyone, regardless of gender. For individuals facing such challenging situations, it’s essential to approach the matter with composure and strategic thinking.

    Firstly, seek legal counsel from a qualified and experienced lawyer specializing in family law. They can provide invaluable guidance and support, helping you understand your rights, obligations, and legal options.

    If a wife files a false case, then the few advise which I can   provide.

    Stay Truthful and Transparent: Being honest and transparent with your lawyer is crucial. Provide them with all relevant information and facts pertaining to the case to enable them to represent you effectively.

    Consider Mediation or Settlement: In some cases, opting for mediation or settlement negotiations can be a viable option to resolve the dispute amicably and avoid prolonged legal battles. However, this should be done under the guidance of your lawyer and with careful consideration of your best interests.

    Stay Informed: Stay informed about your legal rights and obligations. Ask questions and seek clarification from your lawyer whenever necessary to ensure that you fully understand the legal proceedings and implications of various decisions.

    Maintain Support Networks: Surround yourself with supportive friends and family members who can provide emotional support during this challenging time. Seeking counseling or therapy can also be beneficial in coping with the stress and anxiety associated with false allegations.

    Trust the Legal System: Have faith in the legal system and trust that truth and justice will prevail. While the process may be daunting, having a skilled legal advocate by your side can significantly increase your chances of achieving a favorable outcome in your case.

    By following these advice and insights and working closely with a knowledgeable lawyer, individuals facing false allegations in matrimonial cases can effectively navigate the legal complexities and protect their rights and interests.

     Documenting any evidence that disproves the allegations or supports your case is crucial. This could include text messages, emails, witness statements, or any other relevant documentation. Additionally, maintain open communication with your attorney and follow their advice diligently throughout the legal process. It’s also important to prioritize self-care and seek emotional support from trusted friends, family members, or counselling professionals to help cope with the stress and uncertainty of the situation. Remember, false allegations can be disproven with patience, perseverance, and the right legal representation.

    Looking back at your journey from law school to becoming a partner at VantaLegal, what are some pivotal lessons you’ve learned along the way that you would like to share with our readers aspiring to make their mark in the legal field?

    In reflecting on my trajectory from law school to achieving the status of partner at VantaLegal, I have garnered pivotal insights that I deem invaluable for aspiring legal practitioners seeking to carve their niche in the legal realm. Through this journey, I have underscored the paramount importance of perpetual learning, which serves as a linchpin for professional advancement in the dynamic legal milieu. Specializing in a distinct area of legal expertise has proven to be transformative, allowing me to distinguish myself and furnish exceptional value to our esteemed clientele at VantaLegal. Cultivating robust professional relationships has been foundational to my career trajectory, enabling me to unlock new vistas of opportunity and glean insights from peers and mentors. Upholding an unwavering work ethic and demonstrating perseverance are cardinal virtues in the legal profession, qualities that have been pivotal to my ascension to partnership within VantaLegal. Finally, I accentuate the indispensable nature of ethical standards in the legal domain, advocating for the steadfast adherence to integrity, honesty, and ethical precepts as non-negotiable tenets that engender trust and credibility with clients and peers alike. In culmination, I proffer guidance for aspiring legal professionals to embrace continuous learning, cultivate specialized expertise, prioritize relationship-building, uphold a strong work ethic and perseverance, and maintain unwavering ethical standards, as a blueprint for success and impactful contributions within the legal arena.

    Throughout your career, you’ve handled cases independently and provided legal consultancy services. Can you share a memorable case that taught you something profound about the legal profession or human nature?

    Every case provides a unique opportunity for learning and growth, both professionally and personally in family law. I recollect a case which is quite dear to my heart which was child custody. Cases involving child custody can be emotionally challenging, especially when there is acrimony between the parties involved.

    The parties had acrimonious relationship, due to dispute between parents affected child custody arrangement.  The father was unable to meet the child for 2 years  which had  emotional and psychological consequences on both father and the child involved. In this case, the court’s decision to grant the father custody during the summer vacation demonstrates the court’s recognition of the importance of the father-son relationship and the need to ensure the child’s access to both parents. This decision not only provided the father with the opportunity to spend quality time with his son but also helped to restore and strengthen their bond after a prolonged period of separation.

     This order enabled me to  realize that  moments like these, where the legal system can facilitate positive outcomes for families, that highlight the significance of the work done in family law courts.

    Especially in child custody it is imperative to provide a forum for resolving disputes and making decisions in the best interests of children,  being the officer of courts, we lawyer play a crucial role in promoting the well-being and stability of families.

     Amidst the demands of a thriving legal career, how do you unwind and recharge? Could you share some of your favourite ways to relax and rejuvenate outside of the courtroom?

    Balancing the demands of a busy legal career is crucial, and finding time to unwind and recharge is essential for maintaining productivity and well-being. Outside of the courtroom, I prioritize activities that promote relaxation and mental rejuvenation. Spending quality time with my pets, family and friends are incredibly rejuvenating. I practice mindfulness practices, such as meditation or deep breathing exercises,  helps  me to  promote relaxation and reduce stress. Recognizing the importance of maintaining a healthy work-life balance, I believe that fostering a sense of humanity and camaraderie within our profession is essential for long-term success and fulfilment.

    Collaboration seems to be a key aspect of your work, whether it’s negotiating agreements or providing legal support. How do you cultivate effective collaborations with clients and colleagues?

    In my legal practice, fostering effective collaboration is fundamental, whether engaging in negotiations or providing legal support. This entails a comprehensive approach grounded in clear communication, cooperation, and trust. I prioritize transparent communication channels, ensuring clients and colleagues are consistently updated and engaged, fostering a sense of accountability and mutual understanding. Additionally, I actively listen to and empathize with stakeholders’ perspectives, tailoring legal strategies to align with their goals. Collaboration is further enhanced through teamwork and cooperation, leveraging diverse expertise to achieve shared objectives efficiently. Moreover, I uphold principles of professionalism and integrity, cultivating an environment of trust where all parties feel empowered to collaborate openly and confidently. By adhering to these principles, I facilitate robust collaborations that drive successful outcomes in legal matters.

    Get in touch with Sudershani Ray-

  • “I feel that increased technological advancement in legal practice will create better opportunities for young lawyers, will lead to increased transparency, lower rates of disputes,  faster dispute resolution, standardisation of legal fees and overall improvement of the legal system which directly impacts ease of business”- Saurabh Bhardwaj”, Partner, ORTIS Law Offices

    “I feel that increased technological advancement in legal practice will create better opportunities for young lawyers, will lead to increased transparency, lower rates of disputes,  faster dispute resolution, standardisation of legal fees and overall improvement of the legal system which directly impacts ease of business”- Saurabh Bhardwaj”, Partner, ORTIS Law Offices

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

    Can you share with us what initially inspired you to pursue a career in law, and how did your journey in the legal field begin?

    My father who is a practising lawyer inspired me to become a lawyer. He believed that my analytical skills, command on languages and oratory skills would get me immense success in the legal profession. During my college days I interned with some of the best senior lawyers of the country and was mesmerised by their personalities and their court craft. I aspired to become a senior counsel one day and that’s why I started my career as a litigator. I started my career with my father but shortly thereafter joined the office of a young and successful lawyer in Tis Hazari District court. With my mentor and first boss I got the opportunity to work on some very high stake white collar crimes cases as off-counsels for tier 1 law firms. I was taking up my own matters as well as assisting my senior in his matters. After 4 years of litigation I felt I was stagnated as I had ready playbooks for all kinds of criminal and civil litigation and the cases progressed very slowly. I felt I should expand my horizons and learn a little bit about corporate legal work before I can decide which way to go.

    At this time I got the opportunity to work in the legal department of a popular Indian mobile phone company (Micromax) where I got to draft,review and negotiate commercial agreements for the first time. During my two years of working with the said company I learnt immensely about business and the role of lawyers in ensuring good business hygiene. I would work directly with business heads of various departments and get to learn in detail about their respective departments. I understood the scale of legal operations that are there in big corporations and how to manage them using available digital tools. I also learnt how to get things done by making interpersonal bonds with people which I could never learn as a litigation counsel. Later, I started my own boutique law firm with a few of my friends from law college and started providing comprehensive legal services to startups in NCR including disputes resolution, general corporate, M&A, IPR, compliances etc. In the year 2022 I decided to finally start working on my long standing dream of starting my own business in legal-tech space and that’s when i incorporated my own company to develop a B2B legal tech SaaS platform under the brand name “TrueCounsel”

    Versatility in Legal Practice:

    Legal profession is more art than science and although I do believe in the importance of specialisation, I feel a good lawyer can do anything and everything. Many great lawyers choose to specialise in one area of law but if needed they can take up any kind of challenge. A lawyer who has the capability of representing a client before the Hon’ble Supreme Court of India, can also represent a client in an international arbitration, can also negotiate a high stake deal, can also become a politician, can become a great entrepreneur etc. The level of preparedness, meticulousness, foresightedness and oratory skills that are expected of lawyers, make us ready to take any challenges head-on and with ease. We are mostly performing and at best of our behaviour be it before a court or in a virtual meeting or even when casually meeting anyone in our social circle.

    You have expertise in both litigation and corporate legal work. How did you find yourself navigating both these aspects of law, and which area do you find more challenging or rewarding?

    I find myself navigating between all aspects of law quite smoothly. I believe good research is the key to do well in any area of law or business or technology. I like to take on challenging problems and solve them by sheer hard work. All areas of law are equally challenging and rewarding in my experience and I feel that I thrive under pressure. Whenever I feel that I have become comfortable and bored, I try to take on a new and bigger challenge for myself. Presently I am focussed on learning how to mentor and train the young generation of lawyers which is very different from my generation and becoming a good leader. Also I am facing the challenges of being a tech founder and running a highly competitive business which is very different from being a lawyer.

    You mention a strong aptitude for managing large volumes of corporate disputes using the latest technology. How has technology played a role in your legal practice, and how do you see it shaping the future of dispute resolution?

    The first time I started managing huge volumes of agreements, consumer disputes and recovery matters as an in-house legal counsel, I realised this was completely different from being a litigator. This was the first time I used Microsoft Excel with the help of my boss and second mentor who is also a Chartered Accountant. I understood the importance of using digital tools effectively in order to manage large volumes of data. I had been using technology for legal research during my litigation days already along with OCR tools for extracting data easily for drafting but beyond that I did not know much about the need of tech in the legal profession. This was the time when companies such as ProVakil, Vakilsearch, MyAdvo, Mikelegal etc. had also come up with the objective of solving major pain points in the legal industry using technology. These companies provided solutions for easy discovery of legal professionals, contracts workflow management, automatic updates on court cases, enforcement of IPR etc. This caught my interest immensely as I could see that any problem can be solved using technology and that India is booming with a tech workforce which can create any kind of tech very fast. During the Covid times, the necessity for incorporating tech in legal practice got highlighted and we saw fast advancement in this direction.

    I feel that increased technological advancement in legal practice will create better opportunities for young lawyers, will lead to increased transparency, lower rates of disputes,  faster dispute resolution, standardisation of legal fees and overall improvement of the legal system which directly impacts ease of business.

    Could you share one or two experiences representing clients in high-stakes disputes that have left a lasting impact on your approach to legal representation?

    During my initial litigation days and also when I was working as an in-house counsel, I got to work on some very high stake disputes involving foreign entities. I got the opportunity to work with foreign lawyers and I was highly inspired by their inquisitive approach towards understanding Indian law. I drafted memos and legal opinions which were then vetted by tier-1 Indian law firms and finally shared with these foreign lawyers and that taught me how to appreciate law from an outsider’s perspective. I became more critical and inquisitive about statutes and legal provisions. Also I learned the importance of strategising in detail at the very commencement of a dispute and factoring in all possible outcomes of every step well in advance so that you are never caught by surprise. It also taught me how to manage voluminous documents and data effectively in order to succeed in any dispute because more than law, the facts make or break a case.

    Moving on to your current role as a Partner at Ortis Law Offices, what prompted this transition, and how has this role differed from your previous experiences?

    When I merged my law firm with Ortis Law offices, I made a hard decision to stop doing everything and focus completely on corporate legal work. This decision was prompted by the need for specialisation. I had been doing everything that would come to me and even actively generating work in all possible directions but I realised that although this keeps me motivated, it is not very effective in many ways. I realised that once you have more than 10 years of experience, you must pick an area of law and focus completely on it while generating other work for your partners in the law firm. This creates a good structural foundation for scaling up your legal practice. At Ortis Law Offices I learnt how to be a good mentor and senior. Earlier I would expect a bit too much from my juniors and as a result would become very frustrated with them. This led to low motivation and a toxic environment in my team but my senior partners at Ortis Law Offices taught me how to keep your team happy and motivated and give them space to blossom. Also, while working with other partners at the firm I learnt a lot more about working with MNCs and big clients than I had in my earlier experience.

    You’ve been involved in various acquisitions, funding rounds, and legal proceedings. Could you highlight a recent case or advisory role that stands out to you and share some key lessons or insights gained from it?

    Recently I worked on the acquisition of a company undergoing financial distress wherein I had to represent the said company and its founders. At the same time I had to negotiate settlements with the creditors of the company. This was a very stressful and hectic project wherein I learned how to keep calm and stand your ground under tremendous pressure while representing the losing side in a transaction.

    As someone with over a decade of experience in the legal field, what advice would you give to law students or recent graduates who are starting their careers in law? What lessons have you learned that you believe would be valuable for them?

    My only advice to young law students and lawyers is to do as much freelance work as possible. I believe that while working with seniors or in a law firm structure or as an in-house lawyer one tends to have huge scope for error and a lot of cushion but when you freelance you are directly answerable to the client which teaches you professionalism at a whole different level. It teaches you how to value their time and provide the highest quality of services that you can. 

    Another important advice is that you must keep adding skills in your arsenal. The moment you stop updating your skills you become obsolete and redundant. I recommend that the young lawyers should use as much technology as possible while doing their research, drafting or any other work to increase efficiency and quality of their product and keep a lookout for the latest advancements in legal tech.

    Get in touch with Saurabh Bhardwaj-

  • In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

    In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

    This interview has been published by Sonali ParasharOjuswi Sahay, and the SuperLawyer Team


    What motivated you to make a career in law? How would you describe your professional journey up until now?

    I would say that studying law was a natural choice for me, and I find nothing that is more interesting, captivating and easier for me than law. Having studied law for the last 8-9 years of my life, I can confidently say that choosing law as my career has been the best decision of my life to date and I have never found laws to be complicated as such but just pure common sense.

    If you believe in what you are doing, then you will find your work to be interesting; as it has been rightly said by Steve Jobs that ‘…Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven’t found it yet, keep looking….’

    As far as my professional journey is concerned, I would say that I had to work very hard to understand the nitty-gritty of the laws, court procedures, principles of legal drafting, the art of advocacy, the jurisdiction of courts/tribunals etc. One has to work hard initially to understand the laws but it gets easier with time once you know the basics. 

    You have excelled in your academics throughout your career and also were a rank holder in your LLB and Graduation. What would you say were the factors that helped you excel in academics, especially while pursuing law?

    I had more than 90% attendance in each semester of my college and rarely used to miss classes. I used to pay attention to whatever the professor was teaching and make notes. I never left anything to the last moment, a practice that I follow even today, and I used to study for all the exams well before the exam date. On the day before the exams, I only used to revise and think about how I could somehow improve my answers.

    I focused more on writing as many cases as I could and on correctly writing the provisions of the laws; all this was only possible because I revised multiple times before the exams. I was confident that I had learnt it and focused on keywords while reading anything new. I used to read many different books and xerox the relevant parts to prepare my answers.

    As this required a lot of effort and time, therefore I used to begin my preparation around one month before the first-semester exam and increased my hours of studying as the exams approached. Also, starting early gave me the advantage of clarifying my doubts to the concerned professor and I never left anything to luck; I always gave the exams by reading almost the entire syllabus, so that even if the question paper was difficult, I could answer them.

    I always focused on writing the answers supported by case laws, sections and notes of that teacher and never missed answering any of the questions in my exams during my college days; I used to allocate a specific time frame for answering each question and then used to move on to the next question on completion of the allotted time frame.

    Out of the wide spectrum of internships you did in college (Shardul Amarchand Mangaldas, NCRB, Ministry of law and Justice, Kochhar and Co etc), which one of them was the most enriching experience? What should be the three things one should keep in mind while choosing an Internship?

    My internships at the Chamber of Adv. Murari Tiwari Sir and Chamber of Adv. Rajesh Yadav Sir was the most enriching for me. 

    Murari Tiwari Sir and Tripurari Tiwari Sir are both very polite, helpful and friendly, and they used to make sure that all the interns in their office learned something new each day; I was given case files which I had to read, and after that, Sir used to ask me as to what I understood from the case and after that guide me as to the facts of the case and laws applicable thereof. Despite Murari Tiwari Sir and Tripurari Tiwari Sir being very busy with their work, they always kept some time aside each day for their interns. 

    My internship at the Chamber of Adv. Rajesh Yadav Sir was also very enriching. I learned a lot under his able guidance, and Sir used to teach me about the intricacies of court procedures. I was given some case files to read, which I later used to discuss with him. Sir had an excellent command over the facts of the case, and he used to tell me about the arguments of both sides in that case. During this internship, I visited the Hon’ble Delhi High Court for the very first time. Sir had extensive knowledge of the facts and the laws pleased in the case so much so that even without opening the file, he could remember all the details of the case and even the page number where it was mentioned! 

    On the aspect of what one should keep in mind while choosing an internship is concerned, I would say that it would depend on the career objective of that person. If one has not decided which area they want to join, one may intern at different places to get an idea. Also, I feel that if one has figured out what one wants to join after completing their LL. B then a long-term internship at a single place is more beneficial than multiple short internships at different locations, provided one enjoys their time and is learning at that internship.

    You hold expertise in various areas of practice like Civil Law, Criminal Law, Arbitration, Insolvency Law, Recovery matters etc. How would you describe your journey in the field of litigation so far? Please tell us – the good, bad and the ugly.

    Litigation requires one to read a lot and spend a lot of the time thinking as to what could be the possible arguments in the case and anticipate the arguments that the opposite party might advance and how to tackle them. 

    The good part in litigation is the encouragement and appreciation you get from the judges, seeing your name as a counsel in judgements/order sheets, and the fact that what one might argue may become the law of the land if agreed by the judge.

    The bad part would be the long hours one has to spend each day reading; there are so many documents that one has to read. Then after figuring out what the question of law is involved in the case, one has to read multiple judgments on that specific provision of law to find which cases laws support your case and which decisions are against your case and then think as to how to distinguish these decisions.

    I would say the ugly part is that travelling from one court to another to the office daily can be extremely tiring.

    You have 17 publications in various reputed journals. You also presented a paper on defamation at the Freedom of Speech and Expression Regional Conference organized by the Law Commission of India in 2016. Do ‘ideas pick you’ or do you have an extensive process of picking topics which you want to write about. Please take us through the whole process from finding an idea to publishing it in a reputed journal. How challenging is it?

    Legal writing is my hobby, and I find it a way to express myself on legal issues that have evoked my curiosity. Generally, I write on contemporary legal issues and those issues which would not lose their relevance over time, such as prison reforms and electoral reforms. I had written legal articles on these two topics some 4-5 years ago, and even today, they remain a contemporary topic for discussion.

    Before writing an article, it is first necessary to convince yourself as to why you want to write an article on that legal issue. For that, I used to read a little background about the same to ensure that it is indeed a good topic to write on. If I am sure that it is a good topic then I will read about it in detail. Usually, I choose those topics that are being discussed in the media/news so that the chances of their publication would also increase. I always substantiate whatever I would write through primary and secondary sources such as law commission reports, parliamentary committee reports, judges’ interviews, judgements on those points, legislations etc as it has been rightly said by Edwards Deming that ‘Without datayou’re just another person with an opinion’.

    If one wants the article to be published in a reputed journal. In that case, the article must be well researched and something that is not only a bit different from the existing literature but also, more importantly, it should make the reader ponder and think if what the author intends to say is unique, has credence and is indeed thought-provoking!

    At this young age, you have achieved so much, what do you think is in store for you in the future? How are you planning to use your skills and knowledge accumulated till now?

    I still have a long way to go and plenty of things that I want to achieve in my life. I always believe that life would be meaningless if we don’t achieve difficult things. To achieve anything worthwhile, hard work and planning are necessary. Achievements often come at the cost of sacrifices which do pinch a lot; therefore, one should allocate his/her time accordingly and focus on things that are more important to them and in line with their professional aims. I will focus my future on achieving my ambitions and plan accordingly.

    You were posted as a Young Professional (Legal) in the Ministry of Consumer Affairs, Food and Public Distribution, Government of India. Please share your experience in the job. How can one scale such an achievement?

    I had a brief stint at the Central Consumer Protection Authority (CCPA), which is currently a part of the Ministry of Consumer Affairs, GOI. I enjoyed my time over there and cherish those moments. I am extremely grateful to Ms Nidhi Khare Ma’am (Chief Commissioner, CCPA), Mr Anupam Mishra Sir (Commissioner, CCPA), Rout Sir and Jayashree Narayanan Ma’am for giving me this opportunity to work at the CCPA. 

    CCPA is a newly established regulatory body under section 10 of the Consumer Protection Act, 2019 (CPA) and has been established to protect the rights of consumers. Regulatory bodies are different from courts/tribunals and are equally important institutions in the administration of justice. I wanted to work there so as to learn about regulatory bodies and to get exposure to how the work culture of the government is different from that of the private sector.

    Finally, a word of advice for the lawyers and law graduates who are passionate about litigation & arbitration?

    I don’t think that right now I am at that stage in my life where I can advise lawyers or law graduates. I still have a long way to go. However, those who intend to join the field of litigation & arbitration must be ready to work hard and focus their time on learning the intricacies of the laws. In any given facts of a case, there can be various laws that could be applicable, so you must have a fair idea of the applicable substantive and procedural laws so that you can research if there has been any violation of some legal principles or judicial precedents that would help you to advance your case before the courts.

    For example, if there is a contractual dispute between two parties over goods purchased through an e-commerce site, then depending upon the facts, various laws could be applicable, such as the Contract Act, 1872, Sale of Goods Act, E-commerce rules, IT Act, 2000, CPC, IPC, CRPC, Evidence Act, Commercial Court Act, 2015 etc. Therefore, a holistic understanding of all the major laws is necessary while developing expertise in a few laws that one is most comfortable with.

    I am grateful to the ‘SuperLawyer’ for giving me this opportunity to share my experience and conclude by quoting an extract of a speech by Justice K. M. Joseph, Judge Supreme Court of India, at the convocation of the National University of Advanced Legal Studies, Kochi, which I consider to be very useful and practical advice in life, he said that ‘…Study the Court. When I joined the Bar, a senior counsel gave me advice which I thought was useful. He told me that the Court is like a zoo. There is the elephant, the horse, the deer and also the tiger and the lion. You cannot feed grass to the tiger as much as you would feed them to a deer..’