Super Lawyer

Tag: Senior Advocate

  • “The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.” – K G Raghavan, Senior Advocate at High Court of Karnataka.

    “The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.” – K G Raghavan, Senior Advocate at High Court of Karnataka.

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

    Coming from a family with a strong legal background , did you ever consider pursuing a career outside of law?  How did you eventually decide to follow in our family’s footsteps, and what challenges did you face in your initial days as a lawyer?

    I believe each person must carve out a profession for themselves based on their capabilities and interests. However, it is a reality of life that, when making a career decision, individuals are consciously or unconsciously influenced by the career choices their parents have pursued. I was no exception. My father was a leading and well-known lawyer during his time. I saw him put in long hours of hard work and be sought after by many. But what influenced me significantly in my career decision-making was the great respect and influence he commanded across a cross-section of society. I believed this was because of his position as a lawyer. In later years of my practice, I realized this was true. My father conveyed through his career that the legal profession was unique in various ways. It was intellectually elevating and honorable in its practice; lawyers were highly respected and commanded a following. I closely watched my father’s analytical skills, which he applied to matters of public importance, domestic issues, philosophical and religious thoughts, and more. I admired his approach to men and matters, which I attributed to his being a lawyer. My father did not actively promote the idea that I should pursue the legal profession; it was my decision, which he supported. Considering my father’s quality of life, I must frankly admit that I did not even consider a profession outside of law. The profession of law was love at first sight, and the bond between me and the legal profession has only grown stronger over time. There has been no looking back, not even a moment of doubt. I have thoroughly enjoyed it.

    Being a lawyer’s (later a High Court Judge’s) son had both benefits and challenges. The benefit I derived at the operational level was not very significant because there was a large gap between the time my father stopped practicing and when I started. Nonetheless, the benefits were obvious—infrastructure and the reputation of being so-and-so’s son. However, the challenges were quite intimidating. First, every action of mine and every expectation from me would be compared to my father’s. Any slight deviation would be met with skepticism. Second, I faced the overwhelming challenge of proving myself worthy of being my father’s son. I realized fairly early in my career that no one can ride on the reputation of another, no matter who the other may be; you have to prove your worth. Clients will not stay unless they develop confidence in you. A father’s reputation can take one up to a point and no further. In this profession, everyone has to carve out a niche for themselves.

    How did your father’s career as a judge influence your approach to law and justice?

    As a judge, I have noticed my father being equally concerned with the problems of a small person and a matter involving high stakes. He would tell me how, in reality, that small person had more at stake in the litigation than the so-called big one. For the former, it was a case of livelihood, while for the latter, it was generally not. Sympathy for the less fortunate was his guiding factor. This has had a significant impact on my approach to my career. This perspective has always remained in the background, even while being deeply involved in commercial law practice.

    For example, as a legal advisor for a large public sector corporation, I would receive numerous files for opinions regarding the title for granting house loans to Class IV employees. If I had strictly applied all the rules of title due diligence, none would have qualified for the loan. That would have shattered the dreams of these families to buy or construct a small home. My heart did not permit that approach. I relaxed the rules and cleared the titles on a “by and large basis.” This approach was largely influenced by my father, balancing law and humaneness. I am thankful for that.  

    During your tenure as partner at Dua Associates, you managed a large team and handled litigation practice nationwide.  What were the key lessons you learned from that period which you still apply today, and what led to your decision to leave the firm and become Senior Advocate?  What were the main factors that influenced this career move?

    During my tenure as a partner at Dua Associates, I interacted with numerous lawyers across the country and beyond. I also dealt with several in-house counsels of multinational corporations. This experience broadened my horizons. I realized that everyone has their unique way of approaching and solving problems, and no one was 100% right or wrong. Incorporating thoughts from all quarters, from senior to junior, enabled us to find the best possible solution to a problem. This was especially true because the lawyers came from different backgrounds and jurisdictions. Some adopted a legalistic approach, others a commercial approach, and a few a practical approach. Each one had their domain expertise. This opened my eyes to the fact that team effort is always more beneficial than when a problem is handled by a single lawyer. No one can have knowledge in all branches of law, and invariably, legal issues have different angles. This exposure humbled me to realize that no one can claim to be superior to another, and each has their role to play, which is as important as the others. This experience has stood me in good stead even today as a Senior Advocate, as I have continued to respect the approach and views of lawyers and in-house legal counsels.

    Counsel practice is an art in itself. I realized that my strength lies in that field. I wanted to spend more time sharpening my skills rather than spending time in the actual preparation of briefs through direct client interaction. This is what influenced me to change the course of my practice, even though I have always enjoyed client interaction and strategizing. My stint at Dua Associates has been the most enjoyable phase of my career. Designation as a Senior Advocate during my time was by invitation and not by application as it is today. Generally, when one is invited to take the silk, it is considered an honor and recognition and therefore not refused. Once conferred with the designation, in my view, continuing as a partner of a law firm was not an option.

    Since being designated as a Senior Advocate in 2008, how has your approach to handling cases evolved? What are the unique challenges and responsibilities that come with this title?

    The first challenge of being a Senior Advocate is to sift the grain from the chaff. That is what I have consistently applied in my role as a Senior Advocate. The briefing counsel will, of course, tell me all the facts and issues involved in the case as they should. It is up to me to pick the best points and highlight them to the court. The second challenge is the manner of presenting a point. It is essential to present it in the most persuasive manner. This requires quiet and deep deliberation even before entering the courtroom. I have rehearsed the opening sentence of a case in my mind several times before uttering it in court. If you engage the judge in your case within the first few minutes, a large part of the case is won.

    Duty towards the court and the client is common for all advocates, whether designated or not. The unique challenge and responsibility of a Senior Advocate is towards the briefing counsel. It may be that the briefing counsel is not yet experienced or is lacking in preparation. I would not highlight this in a conference where the client is present, as it would damage the interests of the instructing counsel and/or demotivate them. The art is to gently suggest a corrective course without injuring anyone’s interests. In many instances where I found a fundamental error in the approach or advice of the counsel on record, I have separately called the lawyer and pointed out the error, suggesting corrective action. I believe this to be the duty of a Senior Advocate towards the briefing counsel, in addition to the duty and responsibility towards the court.

    As the Chairman of the Bhavan’s BBMP school, you are deeply involved in educational initiatives for underprivileged children.   Can you tell us more about this role and its impact on the community?

    Our school has over 850 children, most of whom come from the neighboring slum areas. Facilities like electricity, water, and internet connection, which we tend to take for granted, are a luxury for them. The parents come from economically and socially disadvantaged sections of the community. A school-age child is considered another working hand and a potential earning member. In this atmosphere, it was initially a challenge when the school was started to promote the concept of education among that community. After 15 years, we have come a long way. Today, the parents and children are very enthusiastic about the school. Promptly at 8 am, the children arrive at the school, neatly dressed in their uniforms and well-groomed. Seeing these enthusiastic children at school, who might otherwise have been directionless, is a divine experience. The school is an English-medium institution with a CBSE curriculum. The school and the children always remind me that if given the opportunity, children will grow up to be responsible and civil citizens. The biggest mistake and crime is in not providing opportunity, and this thought has always haunted me. In fact, before our school was established, the area was noted for its high crime rate. Now, the police authorities tell us that the crime rate has significantly decreased because the children are the best change-makers.

    You regularly contribute to Deccan Herald and other publications on legal and philosophical topics. How do you find time for writing, and what motivates you to share your insights through these platforms?

    If one has the interest in doing something, finding time is the least of the impediments. What motivates someone to do something is a genuine interest in that activity. That is the simple answer to the question: how do you find time to write? The sheer desire to write and engage with a reader of average intelligence is what truly motivates me. My target is not the learned or the wise but those who have the interest but don’t know how or where to begin. My desire is to kindle their interest in both the subject and the art of communication. In other words, to provide food for thought.

    Looking ahead, what are the areas of law that you believe will be most critical in the coming years, and how should the legal profession prepare for these changes? What advice would you give to the young law students and budding lawyers who aspire to make a successful career in law? What skills and qualities should they focus on developing?

    Roscoe Pound famously said, “Law is social engineering.” This has always been true, and it is even more relevant today and in the future as times change. The aspirations of people and social norms are evolving rapidly. Gender equality, same-sex marriages, live-in relationships, LGBTQ rights, privacy obligations, and other issues now occupy center stage in public debate. Notions of morality that were once accepted and taken for granted are changing, and the law must keep pace with these changes.

    In my view, these issues will be critical in the coming years, and lawyers and law students must think outside the box to find legal solutions to complex social problems. Additionally, the changing demands of growing technology and transborder relationships—whether personal, business, or professional—must be addressed. The world is becoming increasingly interconnected, and relationships are becoming more seamless. Lawyers and legal researchers can facilitate this change and make the world a better and more peaceful place.

    Focusing on these and other emerging branches of law will enable a budding lawyer to succeed in their career. To achieve this, one must develop a thirst for knowledge from all over the world. A successful lawyer should excel not only in the legal field but also cultivate an interest in subjects unrelated to law. It is essential to remember that one is a human being first and a lawyer second. Developing the quality of being a good human being is fundamental.

    Furthermore, a lawyer should develop effective communication skills. Learning languages without any mental blocks is crucial, with English being a must. Knowledge and communication skills should go hand in hand with analytical skills. Analytical skill is an art that one can develop only through conscious practice. This can happen if you commit to understanding an issue fully before proceeding further. Finding a solution is the next step.

    With the rapid advancement of technology, how do you see the role of technology influencing the practice of law? Are there any particular tools or technologies that you find indispensable in your work?

    Technology today has permeated all aspects of our lives and activities, and the practice of law is no exception. In fact, the practice of law should embrace technology more and more so that we lawyers become more efficient in providing services to our clients and assist the court in dispensing quicker justice. I have personally benefited from technology. I am able to present arguments in court without physical papers as I have fully adapted to technological tools like Liquid Text. I find myself faster and more efficient in locating a particular document or fact in a large brief using this technology. The adage “Change or Perish” is truer today than ever before. However, a warning: Technology should supplement our intelligence, not supplant it. Innate intelligence, not artificial intelligence, is the core strength of a lawyer.

    Over 45 years of practice, you have represented numerous high profile clients.  Can you share a particularly memorable case that had a significant impact on you personally or professionally?

    “It is difficult to pinpoint a particular case among the many I have handled in my career. I am who I am today, both as a human being and as a lawyer, because of the amalgamation of lessons learned from various cases. It has been a profound study of human traits and behavior. No case is too big or too small; each has its own lessons and morals to impart, aiding in personal evolution. This defines my approach and personality.”

    With such a demanding career, how do you unwind and relax after a long day in court?  Do you have any hobbies or routines that help you maintain a work life balance?

    The legal profession is a demanding endeavor. Therefore, one must be vigilant not to become so absorbed as to lose the joys of life. I am fortunate to have largely mastered the skill of drawing boundaries, although my family might disagree. Early in one’s career, one should enjoy what they do; as one progresses, they should do what they love. This is a nuanced art, and I am fortunate to have made significant strides in that direction. Whether one likes or loves their work, nothing becomes a source of stress. This is the key to unlocking relaxation and alleviating stress. Writing, reading, religious, and social activities are my ways of unwinding. I particularly enjoy traveling and sightseeing. As I mentioned before, when you are passionate, time never feels like a constraint. 

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    Get in touch with K G Raghavan –

  • “The field of cyber is ripe for youngsters to enter and the scope is immense. With each new law that is enacted in the field of cyber, the opportunities open up further”- Nappinai N S, Senior Advocate,  Supreme Court & Founder-Cyber Saathi

    “The field of cyber is ripe for youngsters to enter and the scope is immense. With each new law that is enacted in the field of cyber, the opportunities open up further”- Nappinai N S, Senior Advocate,  Supreme Court & Founder-Cyber Saathi

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

    Can you share with us what initially drew you to the field of law, and how your journey began?

    I decided to become a lawyer and declared my intent as early as in my 7th grade and am happy to share that the passion for law burns bright. Whilst I come from a family of lawyers up to my grandfather’s generation, my father’s generation skipped it. My interest in law could have stemmed from the stories I heard of the cases my grandfather handled but I faced the struggles of a first-generation lawyer whilst commencing practice.  

    You’ve handled cases in Constitutional, Criminal, Commercial, IPR, and Cyber laws. You are also a trained mediator. How did you develop such a broad spectrum of expertise, and what challenges did you face along the way?

    My initial focus was on Criminal and Constitutional laws. Interestingly, I studied law to practise criminal law – my interest in this field was strongly rooted on principles of human rights and liberties. I simultaneously also focussed on IPR as it was an evolving field at that time (1991). I value my association with an eminent and revered senior Shri. N. T. Vanamamalai, Senior Advocate for 3 years as a student intern and thereafter continued to practise from his chambers. My other senior during practice was Shri. V. Gopinath, Senior Advocate. The person who recognised my potential and added wind to my wings by making me part of the firm Amarchand Mangaldas Suresh A. Shroff & Co., (as it then was), albeit briefly, was Shri. Cyril Shroff, who I attribute my learning on client handling and composure apart from the skills I acquired in structuring of private equity and debt transactions. Apart from this, each senior counsel I have briefed for cases contributed to developing my skills and approach to law.

    Whilst I honed my skills in Constitutional and criminal laws in my seniors’ chambers, my expertise in IPR was rooted in extensive reading (which in those days of no computers or devices meant opening books and visiting libraries) and applying the same to cases, I was briefed in from early days. I also learnt to apply my learnings from litigation to draft commercial and IPR transaction documentation. My involvement in Cyber evolved from around 1995-96 due to the IPR cases I handled in software licensing. From there I gained expertise in cyber laws reading the evolving legal landscape across foreign jurisdictions and model UN laws and honing my knowledge and skills and simultaneously keeping abreast of technological advances. With cyber being an exponentially evolving field, it was imperative for me to keep reading and honing my knowledge and skills in this field since then.  

    I was truly blessed to have grown in this profession without even an iota of concern over gender bias or obstacles due to the same. I did not face the usual obstacles that I have heard from other practitioners be it those of 1st generation or lady lawyers. This was certainly a boon considering the male-dominated fields of expertise I chose. 

    There were of course the other obstacles of developing clientele from scratch as a first -generation lawyer. I have in effect set up my practice from scratch thrice – first in Chennai, then Mumbai and thereafter before the Supreme Court in Delhi. Each time I believe, at the cost of sounding cliche, that it was sheer hard work that helped. Apart from hard work my sincere advice to the young practitioners is to maintain composure and a pleasant demeanour in Court and with peers, particularly with opponents. We, as practitioners, have to learn to distance ourselves from the briefs we handle and learn to be fair. I can safely confirm that it was my advice to clients to be fair that helped garner the respect and trust of my clients. For, in the long run, the clients benefit more from a balanced approach.

    Mediation is again a passion, which I manifested in multiple forms from handling court referred mediations to assisting in formulation of and setting up of mediation centres. The training helped me to become a better Advocate, particularly whilst handling clients and negotiations such that I was able to successfully conclude litigations that were festering for several decades. Mediation training is another skill set I believe is critical for all law students. 

    Could you tell us more about your experience as Amicus Curiae before the Supreme Court and representing a State Government in the data protection case during the pandemic lockdown? What were the key issues at stake?

    The Amicus Curiae experience in “Re: Prajwala Letter dt.18.2.2015. Violent Videos & Recommendations” was profound. Of the many cases handled, this was a satisfying journey, which gave me the opportunity to contribute to online safety of women and children. I proposed the use of Artificial Intelligence (AI) for this purpose, and argued for use of tech to protect users, which was a first. The consensus proposals mooted through the Government Committee I was part of and the Supreme Court making the same an order of court were seminal steps towards bettering online safety. 

    The case before the Kerala High Court was during the covid pandemic and another satisfying engagement wherein I advised use of anonymisation to protect sensitive personal health information, which the State Government accepted and submitted and was made an order of Court. Significantly, under Section 43A of the Information Technology Act, 2000 (as amended) (“IT Act”) Government is not covered and hence volunteering as above was a proactive measure. 

    What inspired you to start Cyber Saathi®, and what are the primary goals and achievements of the foundation?

    I founded the non-profit – Cyber Saathi Foundation (www.cybersaathi.org), which is focussed primarily on contributing to law and policy making in the field of cyber and emerging technologies and for online safety of women, children and other soft targets (such as LGBTQ+) through awareness and peer first responder support through “Be A Cyber Saathi” (Cyber Saathi translates to “Cyber Friend”).

    I first conceptualised Cyber Saathi in 2016 after a meeting in the UK during my Chevening fellowship, when I realised the gravity and spread of offences against children. The reason for the name is also based on the young adult / child psyche i.e., that they will reach out to a friend first. Hence the name “Cyber Saathi”. I must add here that each of my fellowships have contributed to my evolution and helped me to contribute more to society. My first was the International Visitor Leadership Program – IPR (2005), and then the Cybersecurity Chevening Fellowship in 2016 and thereafter my Stanford CDDRL Fellowship on Democracy, Development and Rule of Law (2019). 

    You train judges, police, armed forces, and intelligence agencies on cyber laws and safety. How do you approach such a critical and diverse audience, and what are some key messages you emphasize?

    My involvement in such training or capacity building initiatives commenced from about 2003 and continues. It has been most gratifying to have been able to contribute to nation building through these initiatives. I have conceptualised and conducted cyber law training programs spanning all subjects on cyber. Anyone who wishes to undertake such initiatives just needs to have the urge to contribute, be willing to set aside time for the same including personal time and be generous and conscientious in the preparation and sharing of knowledge. The field of cyberlaws is constantly evolving. Keeping abreast not only of law but also of technology innovations and developments is critical and ensuring the bridging of tech and law is essential to lend value to such initiatives. 

    You have been involved in various national and international committees, including presenting before the UN’s UNODC Ad Hoc Committee on Cross Border ICT Crimes and the Parliamentary Standing Committee on IT. How do these engagements influence policy and legal frameworks?

    It is more about how much we can contribute to the narrative. I bring my expertise as a practitioner, which I believe is the most critical, as I can speak about the practical impediments to implementing a law at grassroots level. I also contribute, as a civil society member and speak for a balanced approach ensuring protection of human rights whilst enabling law enforcement. My engagement in training and capacity building for judges and police has contributed immensely to enriching discussions and negotiations at policy level. 

    As a prolific writer and author of several seminal books on technology laws, how do you see the role of legal writing in shaping public understanding and policy?

    Books still form the foundation of practise of law and my intent was to contribute to “democratising practise of cyber”. I wanted more practitioners to enter this field of specialisation, particularly youngsters. The move from the structure I adapted in the first book to my second book probably also reflects the evolutionary process in legal writing. Whilst my first book Technology Laws Decoded (2017) published by LexisNexis was in effect a compendium on cyber laws, my second book CSassy Tales – Cybercrime Stories & The Law (2022) published by Oakbridge Publishing takes a unique approach of teaching through storytelling. I am glad to share that both books have been received extremely well both by practitioners and industry and the latter book by users also who were also the target audience.  

    What advice would you give to fresh law graduates who aspire to make a significant impact in the field of law, particularly in emerging areas like cyber law and digital rights?

    The field of cyber is ripe for youngsters to enter and the scope is immense. With each new law that is enacted in the field of cyber, the opportunities open up further. For instance, data protection is a niche field of practice and once the rules are notified in India the floodgates would open up for advisory and adversarial practice. Similarly, cybercrime, IPR and cyber are fields which are already reasonably robust and will get further impetus from emerging laws such as the Digital India Act proposed. 

    Learning basics of the technology that drives a specific field of law, understanding the intersection between law and tech and also of existing and evolving laws and always applying fundamentals irrespective of whichever field of law that a practitioner chooses are my advice to any practitioner who decides to focus on cyber laws. 

    Get in touch with N. S. Nappinai-

  • “I find the diversity of legal issues fascinating, but the complexity of securities laws and arbitration tends to be both challenging and rewarding as they require a deep understanding of regulations, market dynamics, and dispute resolution strategies”- Pratap Venugopal, Senior Advocate at the Supreme Court of India

    “I find the diversity of legal issues fascinating, but the complexity of securities laws and arbitration tends to be both challenging and rewarding as they require a deep understanding of regulations, market dynamics, and dispute resolution strategies”- Pratap Venugopal, Senior Advocate at the Supreme Court of India

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

    Your parents had distinguished careers, with your father being a banker and your mother an esteemed lecturer and poet. How did their careers and your early life in Madras and Bangalore influence your path to law?

    Having a banker father and a lecturer and poet mother created a unique blend of influences that led me on a path to law. From my father I learnt the importance of strategic thinking and perhaps an understanding of dealing with clients. It is on account of my mother that I developed a love for language and reading, as also appreciation for the power of words, all of which are valuable assets in the legal profession.The ability to communicate effectively, analyse complex texts and craft persuasive arguments are all essential skills for a lawyer. Additionally, growing up in a household with diverse interests and perspectives helped foster a well rounded approach to problem solving and decision making, which are also invaluable traits in the legal field. Overall, the combination of influences from both parents provided a solid foundation for pursuing a career in law.

    You had a diverse educational background, studying at various institutions across India. Can you share some pivotal moments from your time at Don Bosco Boys’ High School and Bishop Cotton Boys’ High School that shaped your future career?

    Both Don Bosco Boys’  High School and Bishop Cottons Boys’ High School  laid emphasis on the development of the whole person, integrating intellectual, physical, social, and spiritual dimensions, and the importance of values like kindness, respect, honesty, and responsibility. They also fostered traits such as integrity, perseverance, and leadership through various activities and mentoring, encouraging a spirit of service and compassion towards others, especially those in need.     

    After obtaining a BSc. in Microbiology, you pursued an LLB degree from Kerala University. What motivated this shift from science to law, and how did your scientific background benefit your legal studies and career?

    Yes, transitioning from Microbiology to law is quite a departure.  My uncle Prof. Krishnan Nair, who had been the Principal of several Government Law Colleges in Kerala and after retirement Principal of the Kerala Law Academy Law College at Thiruvanathapuram was instrumental in persuading me to take up law. He also presented me with copies of  the many law books authored by him and reading through them, also  got me interested. I think a science background promotes meticulous attention to detail and critical thinking and analytical skills, which are crucial in legal reasoning. 

    During your final year of LLB, you interned with Mr. K.K. Ayyappan Pillai, a renowned Tax Advocate. How did this internship shape your early career, and what were some key lessons you learned from Mr. Pillai?

    Tax laws is a complex and specialised field. Mr K.K. Ayyappan Pillai, a renowned Tax advocate at Thiruvananthapuram proved to be a valuable mentor, being a stickler for minute details, with exceptional researching skills, an uncanny ability to immediately spot errors ,a  staunch believer in “hands on training” and “thinking on your feet”. I remember while training under him, on one occasion he made me accompany a client and  appear before an ITO on a question of Agricultural Income Tax. The ITO placed before me  a document which was in Malayalam and asked me to read a portion of it. Not being able to read Malayalam I shot back – “I have read it, why don’t you do so?” The ITO then read out the relevant portion and I was able to make my submissions ! The client was overjoyed with the result that he treated all of us in Mr. Pillai’s chambers to cake and tea! Mr Pillai instilled in me a strong sense of professional skills emphasising the importance of integrity, confidentiality and ethical standards.

    John & Co. was a significant milestone. Can you describe the challenges and triumphs you faced in the early years of establishing the firm?

    I took over as Managing Partner of the law firm K.J.John & Co.  when Mr K.J.John, a very respected and well known Advocate on Record of the Supreme Court decided to retire in 2001. Establishing a law firm comes with its share of challenges and triumphs, especially in the early years. Establishing credibility and a strong reputation in the legal community takes time and effort. Clients often prefer experienced firms, so proving competence early on can be challenging. Further, a law firm requires significant initial investment in office space, and personnel and managing cash flow and ensuring steady revenue in the early stages is critical. Balancing client work, administrative tasks, and development efforts can be overwhelming, especially with limited resources and personnel. However, triumphs include acquiring important corporate clients and successfully handling their cases, which not only validates the firm’s capabilities but also starts building its reputation. Assembling a team of talented lawyers and staff who share  my  vision and values was also a significant achievement. Achieving sustainable growth, expanding practice areas, or opening new offices are milestones that reflect the firm’s success and acceptance. We opened a branch office of the firm at Kochi which was successfully managed for many years by a very close friend and coursemate in law college, till he was elevated as a Judge of the High Court. Navigating these challenges and celebrating these triumphs requires resilience, strategic planning, and a commitment to delivering exceptional legal services. Each hurdle overcome and each success achieved contributes to the firm’s evolution and long-term viability in the very competitive legal field.

    You’ve been involved in landmark cases like the Sahara and PACL cases and Nirma Vs SEBI. Can you share insights into these high-profile cases and what they taught you about the intricacies of Indian law?

    Certainly! Each of these landmark cases provided valuable insights into the complexities of Indian law and the legal system. The Sahara and PACL cases, for instance, highlighted the importance of regulatory compliance and investor protection in the financial sector. These cases involved intricate legal arguments regarding securities regulations, investor rights, and corporate governance, showcasing the need for thorough due diligence and adherence to legal frameworks to ensure fair and transparent dealings in financial markets.

    The Sahara Vs SEBI case is one of the most notable legal battles in Indian corporate and securities law history. It revolved around the issue of Sahara Group’s non-compliance with SEBI’s regulations regarding raising funds from the public through Optionally Fully Convertible Debentures (OFCDs). SEBI asserted that Sahara had raised billions of rupees from investors without proper regulatory approvals and disclosure requirements, thereby violating securities laws and jeopardizing investor protection. Sahara Group, on the other hand, contended that the funds were raised through private placements and were not subject to SEBI’s jurisdiction. The case spanned several years and involved multiple legal proceedings, including appeals to higher Courts. In 2012, the Supreme Court of India delivered a landmark judgment directing Sahara to refund the collected amount to investors with interest, through SEBI. The court also imposed hefty fines on Sahara for non-compliance. The SEBI Sahara case significantly contributed to shaping securities regulations in India, emphasizing the importance of investor protection, regulatory compliance, and transparency in fundraising activities. It also underscored the pivotal role of SEBI in regulating and monitoring capital markets to maintain their integrity and stability.

    The PACL vs. SEBI case was another significant legal battle concerning securities regulations and investor protection in India. PACL, also known as Pearls Agrotech Corporation Limited, was accused by SEBI of running illegal collective investment schemes (CIS) without proper regulatory approvals. SEBI alleged that PACL had raised over ₹60,000 crores from millions of investors through its CIS (Collective Investment Schemes) activities, promising high returns on agricultural land investments. However, SEBI argued that PACL was not complying with the necessary regulatory frameworks and was operating in violation of securities laws. The case involved extensive investigations, legal proceedings, and efforts to recover funds for affected investors. In 2015, SEBI order PACL to refund the collected amount to investors and imposed penalties for non-compliance with regulatory requirements. In Appeal before the Supreme Court, the setting up of the Justice (Retd) R.M.Lodha Committee to sell properties of PACL and its associate concerns etc.  and repay investors, was ordered. The PACL vs. SEBI case highlighted the importance of robust regulatory oversight in preventing fraudulent schemes and protecting the interests of investors. It also underscored the need for strict enforcement of securities regulations to maintain trust and confidence in the financial markets.

    In the Nirma vs. SEBI case, the Supreme Court in  its decision on the takeover offer by Nirma Industries Limited to the shareholders of Shree Rama Multi Tech Limited (SRMTL),  concurred with the view of the Securities Appellate Tribunal (SAT) and the Securities and Exchange Board of India (SEBI), in disallowing the withdrawal of the offer by Nirma. he Supreme Court largely relied upon an interpretation of Reg. 27 of the. SEBI Takeover Regulations, 1997 to come to the conclusion that withdrawal was not permissible. This case shed light on the evolving landscape of corporate law and the regulatory authority of SEBI in matters concerning securities market violations and underscored the significance of regulatory oversight in maintaining market integrity and investor confidence. I was the lead Counsel in this case and I  will never forget the day of pronouncement of judgment in this case, when the Hon’ble presiding Judge of the Bench that had heard the appeal, looked up and said ”Mr Venugopal you have won”!

    Your practice spans various legal domains, from civil litigation to securities laws and arbitration. How did you develop such a broad expertise, and what areas do you find most challenging and rewarding?

    My broad expertise developed through years of studying and practicing law across different domains. As Standing Counsel for the State of Goa from 17.01.2013 to 18.02.2021, I dealt with a wide range of legal issues and cases that affected the State and its residents, and these included everything from constitutional matters to administrative law, civil disputes, matters related to environmental regulations, water disputes  and even criminal cases. Each case presented unique challenges and opportunities. I find the diversity of legal issues fascinating, but the complexity of securities laws and arbitration tends to be both challenging and rewarding as they require a deep understanding of regulations, market dynamics, and dispute resolution strategies.

    As someone with over 33 years of experience and a recent designation as a Senior Advocate by the Supreme Court, what advice would you give to fresh law graduates entering the legal profession today?

    I would  advise fresh law graduates to prioritize continuous learning, build strong professional relationships, maintain integrity, and always strive for excellence in their work. It’s crucial to stay updated with legal developments and hone both legal knowledge and practical skills to navigate the complexities of the legal profession effectively. Additionally, fostering a reputation for reliability, honesty, and professionalism will be invaluable throughout your career.

    Get in touch with Pratap Venugopal-

  • “The biggest challenge is improving professionalism among all involved, including lawyers and arbitrators, and developing arbitration institutions to make the system more efficient.” – Harish Narassapa, Senior Advocate at Karnataka High Court & Founder of DAKSH Society India

    “The biggest challenge is improving professionalism among all involved, including lawyers and arbitrators, and developing arbitration institutions to make the system more efficient.” – Harish Narassapa, Senior Advocate at Karnataka High Court & Founder of DAKSH Society India

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

    Hello, everyone! We are back again with SuperLawyer. Today we have senior advocate Harish Narasappa, Sir, who has graciously and humbly accepted our invitation to be here and tell us about his life journey, how he chose to become a lawyer and how he has achieved so much in his life. So, Sir, most welcome and thank you again for being here.

    I would start with a very simple question and would love to understand how you started on your journey of choosing law as your career to becoming a senior advocate. And if you have faced any challenges, how did you come ahead of those challenges in your initial stages while pursuing law as a profession?

    My journey with law actually started as an accident. I didn’t consciously choose law. During my 12th standard, the bundle commission report was implemented by the then Prime Minister V.P. Singh. Following this, there was significant agitation by various student groups, resulting in a couple of deaths and one student attempting to immolate himself. This deeply impacted me, prompting my interest in societal issues beyond science. Despite being a science student, a botany professor encouraged us to look beyond our textbooks and engage with societal issues.

    This triggered an interest in social affairs and the potential impact of law. Coincidentally, the examination for that year was delayed, and I happened to write the entrance exam for the National Law School. The results were announced before those of the engineering and medical college entrance exams.

    Instead of waiting at home, my uncle suggested I join for a couple of months. If I didn’t like it by then, I could quit and pursue engineering or medicine, he said. However, I ended up staying even after the other results were announced. In short, I initially joined law for a month, but I have now been in the field for nearly 30 years.

    We would love to hear about your insights that you have gained through practicing law in both India and UK. What kind of differences have you seen or encountered in these two legal systems and the kind of jurisprudence that these two states or jurisdictions have nurtured for themselves?

    In comparison, there are two or three points of comparison, right? One is the legal system, of course. But also in connection with how the legal profession is organized and because we started, you know, even when we were chatting before the formal interview about how do we train youngsters?

    How do we train people who are just starting in the legal profession? How do we sort of help each other? How do we train each other? All these are important questions. And I feel that in India, we have not addressed these questions and if you ask me, the primary difference between the legal profession in England and the legal profession in India is the organized training and organized knowledge sharing that happens in the UK.

    Primarily England, because I worked in London and not in other parts of the UK, but I had to go to London. And if you compare that to what happens in India. I mean, in India, there’s no organized system, right? You just pick up as you go on. If you’re lucky, you get seniors or mentors who will teach you the right things.

    Otherwise, it’s just hit or miss in terms of which office you join. What you learn in court or whatever, nobody points you in the right direction. And there’s no continuing legal education in a formal fashion. Whereas in England, they’re a very organized set.

    So I worked in a law firm for about four and a half years, between 98 and 2002. And the things that I learned there have stood me in great stead over these years. They’ve helped me a lot. For example, drafting. Simplicity in drafting, use of simple language is something that I learned in England.

    And it gave me the confidence that you’re as bright as any other lawyer in the world. And with the right amount of training and the right focus on what to read, what not to read you can do much better. And the other thing that I learned in the UK is how do you transform a sort of non-legal idea into a legal document, so drafting a legal document, whether it’s an agreement or a plain or counter objections.

    Or anything. How do you make it simple? And how do you get people to read it? So that’s it! The training that the English law firms, the training mechanism of the English law firms in particular and the English legal profession in general. The way they have instituted it, I think that is something amazing, and we have a lot to learn from that.

    I think corporate law firms in India now have these mechanisms, but they’re still evolving. Whereas in courts and among litigation lawyers, there’s hardly any formal training. You’re expected to look, learn, and absorb.

    That’s the primary difference. It also transforms the legal system itself. That kind of training and knowledge-sharing transforms into the legal system. The UK has a more predictable legal system compared to ours. We have a very dynamic legal system, to be kind to our own.

    I feel there’s a lot we can learn from the English legal system in terms of organization and knowledge-sharing. The firm I worked for had almost all documents and opinions issued for 30 to 40 years available on their internal system. If faced with a difficult question and unable to find the answer among colleagues or in a textbook, all you had to do was look into the firm’s history, and you would find the answer.

    That is something we don’t have here, partly because law firms are relatively new in India. They’re only about 20 to 25 years old in terms of large law firms. The way knowledge is shared and transferred, it’s hit or miss. If you’re lucky and get a good senior, then you get to learn.

    Otherwise, you learn to swim on your own. Even when a couple of friends and I started, we tried to inculcate this in the firm. Even when we were just a four-lawyer firm, we had knowledge-sharing sessions among ourselves.

    As we grew, it became non-negotiable. Every week, for about an hour and a half, the entire firm would gather, even now they do. It’s across offices now, of course, through VC and others, it’s easy.

    Either someone is talking on a topic or they share what’s happening on different transactions in terms of knowledge, what’s happening in court. We share various things. I think that is a critical aspect. I know now that a few other firms also do it, but we need to go beyond that.

    We need bar associations and bar councils to organize these sessions. Every month there should be some session for lawyers to attend, to learn. Simple things like how to dress in court, for example. I see a lot of young lawyers wearing unpolished shoes, mismatched socks, trousers of different colors, shirts of different colors, messy hair, and so on.

    I mean, you can express yourself differently, but nobody has taught them. Nobody in law colleges tells them how to appear in court on day one. Now there are a lot of videos from different courts where judges are shouting at young lawyers, like, you don’t know how to address a court.

    You’re not dressed properly. You know, what is this? I think these things can be avoided. Bar associations and bar councils can take the lead. But they don’t do it, unfortunately. Then also organized training on where to research, how to research, these are things that are easily possible but are not done. And I think that’s the biggest difference between the English legal professional and the Indian legal professional.

    Based on what you’ve shared, I can grasp what likely motivated you to establish Samvad Partners and Daksh, the legal research organization you’ve passionately promoted and dedicated your efforts to for so long. I’m curious about the inspiration behind your book, “Rule of Law in India: A Quest for Reason.” Was it driven by the same reasons, or did you discover a distinct understanding of the disparity between legal ideals and their practical implementations in India? What ignited this realization? Your insights are poised to profoundly impact students, to be candid. They stand to gain valuable perspective from your experiences and reflections.

    The challenges the Indian legal system faces are evident all around us. An example I often give is our disregard for basic legal norms, such as stopping at red signals. We seem to lack discipline in adhering to these norms.

    Anyone who has traveled to different parts of the world knows that we are unique in this aspect. While some other countries may also witness similar behavior in traffic, such as jumping signals or driving on footpaths, it ultimately affects everyone negatively. If everyone were to follow traffic rules, we would all reach our destinations much faster, but unfortunately, chaos reigns on our roads.

    This chaos symbolizes the disorder present in other aspects of the law. Our weak implementation mechanism is evident in our courts, where despite the high number of cases, there is minimal resolution on a daily basis. Chaos and confusion seem to be the norm, rather than organized proceedings.

    Despite having comprehensive laws in place, as reflected in our legal texts and statutes, the contrast between what is written and what is practiced is stark. While the intent to establish a rule of law society has been present since 1947, practical challenges persist.

    This disconnect between theory and reality led me to explore the lack of respect for the rule of law in India. Whether from individuals, government, political parties, or even the police and certain parts of the judiciary, there seems to be a general disregard for the law.

    This exploration forms the basis of my book. It evaluates the dichotomy between legal theory and practice, delving into what the rule of law means in India and the type of rule of law envisaged by the Indian Constitution. After pondering these issues for some time, I decided to document my thoughts in writing, resulting in the creation of my book.

    Sir, during this period, you pursued your master’s degree at Oxford University. What differences did you observe between your postgraduate experience there and the systems followed at NLSIU in India? How did this experience impact your approach to understanding law and academia simultaneously?

    I think, to be completely honest, Oxford was an accident. Many of my friends were applying to study masters, and I also applied. Thankfully, I got a scholarship at Oxford, which is why I chose it over other universities.

    Coming from a modest financial background, I am the first generation lawyer in my family. A full scholarship was available at Oxford, which influenced my decision. However, I’ve always felt that I gained more from National Law School than from Oxford. I’ve expressed this sentiment in other forums as well. Perhaps it’s because I joined National Law School in its early stages, with a dedicated faculty and inspirational leadership.

    The learning experience at National Law School, both inside and outside the classroom, was invaluable. We were like a family in the initial years, all striving to prove the success of this new experiment in legal education.

    In contrast, the depth of reading expected at Oxford was much greater. While the master’s course at Oxford focused on knowledge rather than creating lawyers, National Law School had a more practical approach. For instance, in my jurisprudence class at Oxford, the expectation was to read the entire reading list, including works by renowned legal philosophers like Raz and Dworkin, not just excerpts.

    Overall, the teaching approach was similar, but Oxford’s tutorial system sets it apart from other universities.

    Even now, small groups of three to four students sit with professors, engaging in in-depth discussions on every problem and topic, which is a unique system. In hindsight, I feel that perhaps I should have spent more time at Oxford; I only pursued a one-year master’s course. I likely would have benefited more from a two-year stint at Oxford. However, attending a venerable institution like Oxford, which boasts a legacy of 500 to 600 years, was a stark contrast to NLS, which was only five years old when I joined. It was a lesson in institution building and maintaining excellence over centuries, which has stayed with me alongside the legal knowledge I acquired.

    Regarding the difference between the two institutions, the ability to delve deep into a problem is something Oxford instills in its students. NLS, on the other hand, imparted great fundamental principles of law. I often advise law firms and lawyers that the focus of law school should be on teaching fundamental principles rather than specialized courses, especially at the undergraduate level. While specialized courses have merit at the master’s level, a strong grounding in fundamental principles is essential during the undergraduate years.

    Oxford, with its diverse student body, provided insights into various legal systems, planting the seeds for evaluating the Indian legal system and inspiring my book. Interacting with international students from countries like Germany, France, the US, and the UK allowed for comparisons between legal systems, leading to a deeper understanding of the Indian legal framework.

    Sir, I would like to now ask you about when you became a designated senior advocate the kind of advice which you would like to give to our aspiring lawyers who are trying, or I would say who are looking to make an impact in the legal field as you have made, or maybe they can try, what would be your advice?

    There’s no clear path to success. You need to follow your own interests and there’s no substitute for hard work. Everybody keeps telling that, and I fully agree. You have to work hard. There’s no shortcut unfortunately. Yes, you need to develop more skills because the profession is competitive. Clients can easily find out about your reputation and your peers who also have a reputation in the same area you’re working in.

    Getting clients and legal work is challenging. It’s not easy. Unless you’re part of an establishment that supports you. Then you have time, but if you’re an individual lawyer with a solo practice, then you have to follow your interests, do things that interest you, develop an interest outside the law as well.

    For example, if you have an interest in the environment, or AI as we talked about earlier, or computer science, learn that. And then, you don’t have to give up the law, but marry the two, try and marry the two. So you don’t treat your legal profession as something only sitting in the office and reading case laws or judgments.

    Law is a profession rooted in society. So you have to see what’s happening around you in society. And try to interact with people in other professions, people in civil society. You may have cousins who are computer engineers, software engineers; talk to them, understand different things.

    Expand your horizons. Hard work, expanding your horizons, reading, and following your heart. Follow your passion. And there’s no one road to success. You’ll get there eventually, but do what you like. Not because of what other people are doing, but because of what you like.

    You have already worked as a partner in law firms, and as an independent practitioner also, what kind of differences have you observed in the kind of work culture these two roles had, and particularly when you became a senior advocate, there must have been different kind of responsibilities and kind of domains must have come where you had to find new ways to take care of those responsibilities also. So how have you adapted those changes in your life professionally, mostly, and what kind of journey you have had through all this going through more than two decades now?

    As a partner in a law firm, teamwork is essential. It’s about building an organization, not just about individual efforts. You have your fellow partners and junior colleagues, and collectively, you ensure the firm’s operations run smoothly.

    In a law firm, there’s a dual aspect – it’s both a profession and a business. Managing a team, including juniors and colleagues, is crucial for the firm’s success. Ensuring profitability is key, and this requires effective organization not only in executing tasks but also in areas like HR, accounts, and business development.

    Transitioning to an independent senior advocate has its differences. The focus shifts from impressing clients to earning respect from fellow lawyers who brief you. What I miss most about the law firm environment is the camaraderie among colleagues.

    Now, with a smaller team in my office, interactions with other legal professionals are broader but lack the close-knit atmosphere of a firm. Informal learning through spontaneous discussions and consultations is something I miss as an independent practitioner. Furthermore, the absence of backup when one falls ill poses challenges in solo practice. Unlike in a law firm where others can step in, an independent practitioner bears the sole responsibility.

    However, being a senior advocate offers unique opportunities. Dealing with complex legal matters and high-stakes cases provides a sense of fulfillment. Though client pressures are still present, the focus shifts to a more profound engagement with legal questions and expertise.

    While I miss the collegial environment of a law firm, the focus on pure legal matters in my current role is intellectually stimulating and rewarding. It presents new challenges and opportunities for growth at this stage of my career.

    Thank you for sharing so candidly about how you feel being a senior advocate from being a partner to an independent solo practitioner. You have made your name in commercial arbitration, I would say that’s your niche and you have found that space for yourself by working for so long and so diligently. What kind of misconceptions have you seen that people have related to arbitration and how do you address them when it comes in front of you or maybe someone is apprehensive about those understandings? Would you like to suggest some pointers or maybe your own experience?

    I won’t say misconceptions. If you’re dealing with large commercial organizations and they’re handling arbitration, everyone pretty much knows what arbitration is about. Clients understand what arbitration entails.

    The challenge with arbitration in India currently, as noted by Justice Raveendran, one of the best arbitrators in the country, is the lack of professionalism. I couldn’t agree more with him. What does this mean? He didn’t elaborate. This is my view; he pointed it out in a different context. For example, arbitrations need to be held on time, adhering to the prescribed time limits.

    If you’re appointed as an arbitrator or conciliator in arbitration, we forget it’s not just a private form of dispute resolution, but a serious one. In India, we’re still struggling with situations where arbitrators don’t arrive on time.

    The other day, an arbitration scheduled for 10:30 AM had all participants logged in, but the arbitrator didn’t join until 10:45 AM due to illness, without prior notice. This poses professional challenges for lawyers, as we need to manage client expectations.

    It’s not just arbitrators; sometimes even lawyers don’t show up on time, causing delays. Awards are not passed on time either. These are challenges we face in arbitration.

    Many lawyers think arbitration is a diluted form of arguing disputes in court. They forget that regular provisions like the CPC and the Evidence Act need not apply. We can follow a procedure as long as natural justice is met. Some people cite lengthy provisions from the CPC and the Evidence Act, prolonging cross-examination.

    The misconception that arbitration is a substitute for trial is something the Indian arbitration system needs to address. The biggest challenge is improving professionalism among all involved, including lawyers and arbitrators, and developing arbitration institutions to make the system more efficient.

    See, because there are two challenges, Divya, in terms of the moment cases get taken out of the court system and they’re arbitrated. We are losing the jurisprudence, right? Arbitral awards are not available in public. They’re not published in ACC or AIR or whatever. And that is what’s happening in most commercial disputes. Commercial jurisprudence is not becoming available to all the general lawyers. Only the small set of lawyers who are arguing arbitration cases are aware of that.

    So when we’re doing that, we’re taking away from the courts an enormous opportunity to develop commercial jurisprudence. Then we need to do it properly. We can’t mess it up. Currently, because there are no, except one or two, significant arbitration institutions in this country.

    Mostly we have ad hoc arbitrations, and they have become unfortunately very expensive, very long, and extremely unprofessional. This is a combination of all three things. Yes, things are changing now. There are a lot of people making a lot of effort to improve things, to follow professional organizations from other parts of the world, etc.

    But as I said, the examples in other countries have been around, like I was talking about the legal profession earlier, that has been there for a long time. Other countries have organized their professions much better. But we have not been able to do it. Those are challenges that we have not been able to overcome.

    And that, I am afraid, and I hope it doesn’t happen, is plaguing, and probably will continue to plague our arbitration system. So, well, there are no misconceptions, but people come rosy-eyed, with rose-tinted glasses to arbitration thinking they’ll get an award in six months. Sometimes it drags on for three years, four years.

    And that’s frustrating. So that is a challenge that we are facing in arbitration. But I’m hopeful because there are a lot of developments in the arbitration world in India. Hopefully, things will improve.

    How do you take care of your personal hobbies and interests? And balance your personal life with the kind of busy professional life that you have outside the law. How do you do all these things? Keep yourself calm and learn and understand how world works. Please tell us that as well, Sir.

    That’s what all of humanity has been searching for, right? I mean, we’ve been searching for peace. From the times of the Buddha. We’re all searching for peace. Apart from all that, I think you raised an important question.

    And I think Indian lawyers, in my view, work way too hard. For example, judges also, while we complain about the delays and all, I think Indian judges work extremely hard and so do Indian lawyers. There’s no respect for their own time.

    And it’s something when we started Samvad we were very conscious of, and Samvad has a reputation even today that it’s a firm that balances work and life. And we were able to do that in that organization, but that comes with challenges, you know, young people want to make money, because their peers and other law firms are making money, more money.

    So how do you deal with that? And it’s a difficult conundrum. In terms of whether you want to make money when you’re young and save all the money for later. And you don’t know whether you will be able to enjoy or do you want to do it now? I mean, these are questions that are difficult to answer. I have been lucky in the sense that I’ve been able to manage a reasonably good work-life balance.

    So two things are important. One, you need to enjoy what you’re doing. Okay. And I know you asked me the question about Daksh earlier. The fact that I started Daksh at the same time as I started my law firm, and I continued to be involved in Daksh sort of encouraged me to spend more time in the profession also.

    So you should do what you’re interested in. The fact that I was doing things beyond the pure practice of law and into policy research made me focus more on the profession also. Because I knew what I was doing, what I’m able to do. So all that is important. And at the same time, along with policy work or legal professional work, having time for your family or kids.

    And what you like otherwise is also important. So in a long way, I’m coming, answering the question you asked. I’m lucky to have a few things that I enjoy. I like running. I run regularly. I like climbing mountains, I do a fair amount of trekking.

    My daughter started playing tennis, so I began learning the sport to join her. Simple activities, when focused on, can yield significant benefits. My grandfather, now deceased, was a farmer who shared insights on various crops and fruits he cultivated.

    Showing interest in the world around you is essential. Sometimes, we become engrossed in our tasks, but paying attention can naturally develop hobbies. These experiences have prompted me to realign my focus on work.

    Regarding learning from others, observing their actions is crucial. For instance, I recall reading about Soni Saurabh ji, who was renowned in jazz music circles. Lawyers engage in diverse professions; recently, I visited an organic restaurant in Bangalore owned by a lawyer. Exploring different interests can enhance focus and efficiency in one’s profession.

    Get in touch with Harish Narasappa-

  • “As a first-generation lawyer, building my practice from scratch was indeed a challenge, but it was also a journey filled with rewarding milestones.” – Sanjay Jain, Senior Advocate and former ASG of India

    “As a first-generation lawyer, building my practice from scratch was indeed a challenge, but it was also a journey filled with rewarding milestones.” – Sanjay Jain, Senior Advocate and former ASG of India

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

    Starting as a first-generation lawyer, you faced the challenges of building your practice from scratch. Can you share a turning point from those initial years that significantly impacted your professional trajectory? Could you share some insights into your early school days and college life journey, the struggles you faced during your studies, and what motivated or inspired you to pursue a career in law?

    As a first-generation lawyer, building my practice from scratch was indeed a challenge, but it was also a journey filled with rewarding milestones. We all know that the legal profession was not very rewarding for beginners, particularly in the 1980s, resulting in a significant number of lawyers leaving the profession within five years of joining it. Naturally, I, too, needed a turning point to stay put in the profession. In 1989, in the aftermath of a long-drawn lawyers’ strike in Delhi Courts, I was in two minds about continuing my independent practice. Then came a phase when, within a period of a few months, in three different matters in Delhi High Court, I received appreciation from the Bench for my performance as a lawyer in open court. Encouraged by the same, I banished all thoughts of quitting the profession and kept looking for opportunities to improve myself as a lawyer of substance. In my free time, I would prefer to go and sit in any courtroom randomly and watch the proceedings. Many tools in the kit that I possess as a lawyer today were picked up from watching other lawyers, which later got chiselled with experience.

    In terms of professional growth, the next level turning point came in years 1993 when a few MNCs, particularly, American Express Bank’s Card Division, gave me a retainer, whereafter, by the grace of God, I never looked back and I was able to augment my practice not only in terms of volume of work but also qualitatively and geographically. The trajectory gradually gained width, and I started getting briefed for matters in courts spread all over the country.    

    Reflecting on my days as a student, I believe that all the credit for my development as a person and particularly my acquiring a taste for reading books on different subjects would go to my teachers, who encouraged me to participate in extracurricular activities and encouraged me to be a bilingual debater. To prepare for my debates, I would read more and more books, and visit all public libraries in Delhi and perhaps, in one of these moments, the Almighty God scripted my destiny, which eventually led me to a profession where reading is quintessential. 

    As regards struggle, I had my own share of it, in plenty. The students in my days, even those hailing from well-to-do families, by and large, were not loaded with deep pockets, and socialism in its true sense could be seen when almost everyone would be running to board a crowded DTC bus. Thus, a sort of existential struggle was part of life, notwithstanding the fact that family support secured basic needs for most of us, including me. Since in my entire family, be it from my mother’s side or my father’s; nobody was in the profession of law or judiciary, I cannot say that I was angling to be a lawyer at the time when I joined the Law Faculty. Options were wide open. Inspiration to become a lawyer came from the Dean of Law Faculty, Professor Ponnuswami, with whom I had regular interaction as the President of the Student’s Union. I would not know what he saw in me, but he was very sure that my place was in the Courts and in one of the meetings in his office on the DU Campus, he told me that the straight road from his office goes to Tis Hazari Court and that I should be walking on that road without wasting any further time.  

    Once again, it was my teacher who helped me in choosing my career, and it is the collective blessings of all my teachers in school, lecturers, readers and professors at the University of Delhi that have shaped my life, professional as well as personal. I am particularly indebted to Mrs. Sunanda Roy, an Advocate, who referred many high-profile individuals in my first phase of practice, enabling me to find my feet and to Mr. Arun Jaitley, Senior Advocate and later, a Minister in the Union Government, who guided me at those crucial moments in my professional life, which proved decisive and helped me to elevate to the next level.

    In simple words, I would say that motivation and inspiration are part of a constant dynamic process, and one has to draw them through an honest introspection of one’s abilities, strengths and quotient of enjoying a particular field of work. Speaking for myself, I applied the method of elimination and over a period of time, I realised that given my strength as a speaker, my ability to analyse situations in an objective manner and the fact that I enjoyed the situations where academic knowledge and practical solutions could be blended, law was best suited for me as a profession and I have never found myself lacking in motivation to continue in this profession.     

    During your college years, applying for internships and gaining practical legal experience was a crucial step. Could you share some insights into how you navigated the process in an era before online applications? What challenges did you face, especially in securing internships with renowned firms or senior advocates?

    In the 1980s, there was no structured system of internships in Delhi. Even at the university level, there was no such initiative or program whereby the students were encouraged to take up internships. Any student interested in exposure to courts would have to use his personal contacts, in as much as there was no practice of applying in a formal manner. Ordinarily, first-generation lawyers would not get opportunities to intern, barring a few whose parents were in a position to secure it for them. Speaking for myself, I did not do any internship while pursuing my LLB course. The mode of teaching law at Delhi University was case law based, and the classes were highly interactive and illuminating, particularly with some extraordinary gentlemen teaching us as lecturers, readers and professors, and we were generally in good pace with the latest judgments pronounced by the Supreme Court. The classroom discussions and the discussions in the canteen and corridors did not make me feel the need to go for an internship involving court visits or visiting a lawyer’s office. Besides, my extra-curricular activities in the college and my involvement in the students’ politics, blended with the fact that I took my classes seriously, left me with no time for internships.     

    In your journey, you’ve been involved in high-profile cases, including intellectual property laws and family partition disputes. Can you share a particularly challenging case and how you approached its resolution?

    As regards family partition disputes, I would not like to speak much as they are essentially confidential in nature and are close to the emotions of the individuals who were forced by circumstances to be litigants. However, I can take pride in the fact that as a lawyer, I handled family disputes with a conciliatory approach, not by questioning the conviction of the clients because the clients are highly emotional in the truth of their version. Therefore, the strategy that I would adopt was to elevate the level of the contest both by way of pleadings and/or cross-examination, so that the opposite party would feel the heat and prefer to come to the table for settlement. I personally believe that in all property matters involving family members, whether it is a suit for partition or a dispute of succession, the settlement is the best conclusion of litigation.  

    I had the good fortune of representing top MNC brand owners in trademark litigation, mostly from the plaintiff’s side, courtesy of the trust reposed on me by two major IP Law Firms in Delhi, Remfry & Sagar and K&S Partners. In one such case, when I was engaged for the plaintiff, the Application for grant of ad-interim injunction was pending for a long time since no ex-parte relief was granted, despite highly reputed seniors appearing for the plaintiff. A challenge before me was to get the case heard, for on each date the matter would be adjourned due to the weight of the volume of the brief and the perception of the Court that the arguments would take long. I decided to take a risk, albeit taking my briefing firm in confidence, by keeping my opening arguments lucid, without compromising the contents and touching all points in a brief and succinct manner and to deal with the contentious points in the Rejoinder arguments. The strategy worked and, in a case, where the plaintiff was without interim orders for several years, was able to get one within two hearings. The point I am making is that as a Senior Advocate, one cannot rest on the basis of briefing alone in a ritualistic manner, but in each matter, there is a need to make value addition and above all, there is a need to strategize the arguments and if possible, to make a plan B to meet contingencies in the Court.    

    Returning to independent practice in 2023 after serving as the ASG for the Supreme Court, what aspects of your independent practice are you most excited about, and how do you plan to leverage your experiences in your current role?

    Resuming independent legal practice in 2023 after serving as the Additional Solicitor General for the Supreme Court of India is a momentous step in my career and I am truly enjoying it. This transition brings a renewed sense of excitement and purpose, especially given the wealth of experience and insights, that I have gained during my tenure as the ASG. The prospect of handling a varied and challenging caseload is particularly exhilarating. I am confident that my new innings will enable me to delve deeper into complex legal issues and encourage me to learn new nuances and perspectives of the legal issues. It will also give me an opportunity to learn from the colleagues, whom I missed facing/working with during my tenure as ASG.

    I am particularly excited about the new dimensions of legal practice, particularly the regulatory practice before specialized tribunals such as the Competition Commission, NCLT, NCLAT, PNGRB, APTEL, CERC, Lokpal etc. I am also enthused about the advent and growth of white-collar litigation in the criminal law field. I am also looking forward to upgrading myself in the fields of IP Laws, Information Technology and Telecom Laws. 

    Reflecting on your extensive experience in litigation, what are your thoughts on the field, and what suggestions would you offer to students aspiring to pursue a career in litigation? Could you share insights into the challenges you foresee or personally faced during your early days of practice that would be valuable for them?

    The legal profession is intertwined with challenges at each stage; only the nature of the challenges can differ. The challenges that I and my contemporaries faced during my early days were primarily existential in the sense that we were all looking for work, in order to continue our existence in the profession, coupled with the challenges as a breadwinner for the family. Since then, the diversification of the profession has infused more work, both in terms of quantity and quality, but at the same time, the advent of five-year law courses has intensified the competition with a very large number of lawyers joining each year.  Now, the challenge is to carve out a niche for oneself, or else, one may get submerged in the deluge of lawyers, who have shown greater alacrity in reacting and grabbing the opportunities. 

    It is the quest to carve out a niche that is the biggest conundrum for a young lawyer and to resolve the same, s/he would need the guidance and insight of seniors. The first question that confronts a young lawyer desirous of pursuing litigation as a chosen field in the legal profession is to take a call if she wants to gain foundational exposure to legal practice at the trial courts, tribunals, High Courts, Supreme Court or one or more combination thereof. Once a call is taken on this aspect, the next question is whom to join or where to join. In my view, both the questions are inseparably linked. It is a hard fact that every lawyer would not have the luxury of picking up the place of joining or the practice profile. Therefore, the ideal situation would be to internally prepare a list of preferences and look for opportunities accordingly. 

    The bottom line is patience, for one must remember that Rome was not built in a day; and that there are no shortcuts if a young lawyer wants to become a lawyer of substance. Therefore, a young lawyer should not get inspired by a rapid-fire success story of a particular lawyer; for all one knows, it may be short-lived, it may be a fluke; maybe such a lawyer whose success gained in a short time looks attractive is actually a windbag juxtaposed to a lawyer of substance. The stories worth emulating are only those where a lawyer, taken as a role model, has built up her body of work with hard work, exemplary court demeanour, following ethics, maintaining integrity and exhibiting skills based on domain knowledge and comprehensive research. I would suggest that even in the choice of senior or a firm, the above factors should always be weighed. In my view, it is extremely important to how a young lawyer conducts herself in the court in terms of observing the dress code, which in my view includes footwear, in terms of leadership and communication skills, in terms of maintaining decorous behaviour in the court and courtesy exhibited in the interaction with the colleagues including opposite counsels.  

    Most of the tools which an arguing counsel must possess are developed and chiselled in the courtrooms only because the court craft cannot be taught in law schools. A young lawyer needs to learn when to start, when to pause and when to end. Voice modulation, submissiveness and calculated aggression are priceless tools that need to be keenly observed at the Bar and then inculcated into one’s system, not by copying but by blending the same into one’s own strengths and qualities. An eye for detail is highly recommended. Seeing is believing should be the philosophy before relying upon a document received from clients. Above all, it must be understood that more often than not, a client would not be in a position to assess or may not be voluntarily willing to part with the necessary information or documents required in the best interest of his/her litigation. A lawyer has to develop a skill to elicit information from clients to anticipate the documents that would be required for the case and to insist that those documents are collated and supplied. 

    Last but not least, familiarity with the court building and the court procedure, where one practice is a sine qua non for the success of a litigation lawyer. In my view, a young lawyer may call herself a dispute lawyer, which is the term in vogue, only when she passes the above stage and is able to deliver for the client and at the same time, is able to inspire confidence in clients, colleagues and courts.      

    Your college days at Delhi University seem to have played a pivotal role in shaping your diverse interests, including your art collection, your extensive library, and your love for both vocal and instrumental music. Can you shed light on your non-legal life during those days and how these interests continue to enrich your personal journey?

    My college days at Delhi University left a lasting impact on my diverse interests outside the legal sphere. During those years, I immersed myself in a world of cultural and artistic exploration that continues to enrich my personal journey to this day.

    One of my enduring passions from my college days is the art collection. The vibrant cultural scene in Delhi, especially within the university, exposed me to a wide range of artistic expressions. I found myself drawn to various forms of art, including paintings, which eventually contributed to the art collection that I currently have. Collecting art has been an enjoyable journey, filled with inner peace, spirituality and the ability to view things from diverse perspectives. 

    My extensive library includes books, not only books from different parts of India but drawn from all parts of the world, written in different languages. I have admired the beauty of the classics, drawn inspiration from autobiographies and travelogues, gained knowledge from historical narratives and interpretations, widened my understanding of different genres of fiction writing, mythological stories, critiques, both social and political, broadened my wisdom and comprehension by reading religious and philosophical writings and have truly enjoyed the comics.

    My love for both vocal and instrumental music also has its roots in my college years. Delhi University’s rich cultural heritage exposed me to the vibrance of music from different traditions. I developed an appreciation for classical and folk music, often attending music concerts.

    As a bibliophile, can you recommend a book that has significantly influenced your perspective, either personally or professionally, and why?

    In my formative years, I read a variety of literature. I was hugely inspired by the vernacular literature comprised of the writings of Munshi Prem Chand, Dushyant Kumar, Jaishankar Prasad, Maithili Sharan Gupt, Ram Dhari Singh Dinkar, Mahadevi Verma, Rabindra Nath Tagore, Vijay Tendulkar, Mohan Rakesh, Dharma Vir Bharati, besides translated works of many regional giants, who have graced the landscape of literature in Indian languages. I also enjoyed the monumental works written by the stars of BhaktiKal / RitiKal, such as Goswami Tulsidas, Kabir, Rahim, Bihari and Surdas. I immensely enjoyed the translated works from Sanskrit, Persian and Urdu. 

    However, if I have to point out one book that left an indelible imprint on my thought process in my growing years, which surely must have impacted my personality subconsciously, it is The Fountainhead by Ayn Rand. The underlying message of the book, departing from its various complex interpretations, which I personally absorbed for myself, was that in the ultimate analysis, it is me only who is responsible for my actions and that, therefore, there is nothing wrong in flaunting a bit as regards my instinct for preserving my self-respect even if it is construed as ego by others and as regards my efforts to watch my self-interest, as distinct from selfishness for the simple reason that unless I watch my self-interest I cannot be of any use to others in the society. The ultimate takeaway of the book was that each person has to respect himself/herself in order to grow as a person, and it is this realisation alone which is the fountainhead of human progress.  I have taken the message of the book as I have construed it in my own way and have followed it invariably. In fact, in Hindi, I prefer to call this element of self-respect “Asmita”, which is also the title of the collection of my poems.

    Balancing a legal career and personal interests can be demanding. Do you have any specific routines or rituals that help you maintain this balance and stay inspired in both your professional and personal pursuits?

    I personally believe that where there is a will, there is a way. I also believe that I do not have to throw my weight around, and I need to retain my humility. I always remember that after the game of chess is over, the king and the pawn are packed in the same box. Therefore, I have been able to manage the balancing act with reasonable ease, and the reasons for the same as I see it are that I enjoy my professional work, and do not perceive it as a burden or something in conflict with my other interests. With that bend of mind, I seamlessly transit myself to the experiences of other interests of mine, be it movies, books, theatre, concerts, travel or other aspects of my life. It is correct that in terms of time, my profession consumes most of it, but it is always possible to make the most of the remaining time. The key is how one organises one’s life and how well the time is utilised with a bit of multi-tasking and an uncluttered mind. Above all, I have a full realisation that I am unique, hence incomparable; that I need not know unnecessary information about others; that I cannot be a character in every story, so let it go.    

    You’ve received an Honorary Doctorate in acknowledgement of your contributions to the legal domain. Could you share with us how such a significant recognition influences your sense of responsibility and commitment to the legal profession? In what ways do you perceive this honour shaping your future endeavours and the impact you aspire to make within the legal community?

    Receiving an Honorary Doctorate as a recognition of my contributions to the legal domain is an incredibly humbling and gratifying experience. This significant recognition brings with it a heightened sense of responsibility and commitment to the legal profession, which influences me in several profound ways.

    Firstly, this honour reaffirms my dedication to upholding the highest standards of legal practice. It serves as a reminder of the impact one can have through diligent and ethical work. In response, I feel an increased responsibility to continue contributing positively to the legal community, maintaining integrity, and striving for excellence in all my professional endeavours.

    Additionally, this recognition motivates me to further engage in mentorship and education within the legal field. I see it as an opportunity to inspire and guide the next generation of lawyers. I aim to share the knowledge and experiences I’ve gathered over the years more actively through teaching, writing, or speaking engagements. By doing so, I hope to play a part in shaping a future legal community that is skilled, ethical, and dynamic.

    The honour also strengthens my commitment to pro bono work and access to justice. It reminds me of the importance of using my skills and knowledge to serve those who may not have easy access to legal assistance. I feel a renewed drive to contribute to causes and cases that can bring about social change or aid individuals in need.

    Furthermore, this recognition broadens my perspective on the potential impact of my work beyond the courtroom. I’m inspired to engage more deeply in legal research and policy-making, areas where I can contribute to the evolution of law and its practice. This could involve working on law reform, participating in think tanks, or advising on policy initiatives.

    Lastly, receiving an Honorary Doctorate fuels my desire to continue learning and evolving. The legal field is constantly changing, and this honour is a reminder that one’s education and development in the field never truly ends. I’m encouraged to keep abreast of new legal developments, technologies, and methodologies to ensure my contributions remain relevant and impactful.

    Considering your extensive legal career, what advice would you offer to the current generation of aspiring lawyers regarding the choice between gaining practical experience through internships and pursuing higher studies, particularly the prospect of doing an LLM abroad?

    When considering the choice between gaining practical experience through internships and pursuing higher studies like an LLM abroad, it’s important for aspiring lawyers to first understand their career goals. If you aim to specialize in a specific area of law, engage in academic research, or pursue a career in academia, then an LLM from a prestigious international university can be highly beneficial. Such a degree can provide in-depth knowledge and a global perspective, which can be invaluable in certain legal fields. It’s also an opportunity to develop a network of international legal contacts and gain exposure to different legal systems, which can be particularly advantageous if you’re interested in cross-border legal work or international law.

    On the other hand, the value of practical experience gained through internships cannot be overstated. Internships offer a real-world understanding of legal procedures, client interaction, and the day-to-day workings of the legal system. This hands-on experience is crucial for developing practical skills that you cannot learn from textbooks or in a classroom. It also helps in building a professional network, which is essential for a successful legal career. Internships can provide insights into how law firms operate, the challenges of legal practice, and can help you determine the specific areas of law that you’re most passionate about.

    It’s also worth considering a combination of both paths. For instance, you could pursue an LLM abroad to gain specialized knowledge and international exposure and then focus on internships or practical legal work to apply and further develop these skills. This approach can offer the best of both worlds – the advanced knowledge and prestige of an LLM, along with the practical skills and real-world experience gained from internships.

    Finally, remember that each path has its unique set of advantages, and your choice should align with your long-term career aspirations and personal circumstances. Some legal careers benefit more from advanced academic credentials, while others prioritize practical experience. Reflect on where you see yourself in the legal field and make a decision that aligns with your professional goals and personal growth.

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