Sir, can you tell us a little about yourself and how you decided to pursue law as a profession?
I am a practicing lawyer with over 10 years of experience at the bar. I completed my law degree from National law University, Lucknow and started my career as an associate with a Senior Advocate in the Supreme Court. However, I always had a passion for advocacy and decided to switch to independent litigation after a few years. I was drawn to law as a profession because of its ability to bring about change in society Moreover I am a second generation lawyer therefore I grew up watching lawyers in my family, which actually created my interest in the field.
You have a vast experience of more than 10 years at the bar. Could you please share with us how your experience has been so far and some of the significant cases you have handled?
My experience at the bar has been challenging and rewarding at the same time. Even though I come from a family of lawyers, initially it was difficult to get your own clients , so in my early day I decided to sharpen my skills on cases allotted by my seniors.I have had the opportunity to work on a variety of cases across different areas of law, including Constitutional Law, Criminal Law, commercial disputes, Educational and service law, and arbitration. I have been involved in many constitutional bench cases and one of them was a 9 judges bench on tax matters. That case went on for 2 months. It was a complex case that required extensive research and preparation, but it was a great learning experience.
The hard work you do in your senior’s office helps a lot when you start your own practice.
You have dealt with cases before Constitutional benches of the Supreme Court. Can you tell us about your experience of appearing before the highest court of the country, and what is it like to argue before such benches?
I was one part of a team of lawyers who appeared before various Constitutional benches of the Supreme Court and it was an exhilarating experience. When you appear before the constitutional bench , you are part evolution of laws which the future generation will read, However, it is also a daunting task as the stakes are high, and as young lawyers there is a lot of pressure ,to prepare for such cases, I spend a considerable amount of time researching and analysing the legal issues involved. We also try to anticipate the questions that the judges may ask and prepare my arguments accordingly. All this hard work helps you sharpen your legal mind.
Youhave represented insurance companies, banks, and government departments before the Hon’ble Supreme Court. Can you talk about the challenges that you face while representing these clients, and how do you overcome them?
Representing insurance companies, banks, and government departments can be challenging as these clients have unique requirements and expectations but it is like any other client , as they also want results. One of the significant challenges is to balance the client’s interests with the legal and ethical obligations of a lawyer. To overcome these challenges, I ensure that I have a thorough understanding of the client’s business and objectives. I also maintain open communication with the client and keep them informed about the progress of the case . Regular updates to the clients from the lawyers is also one of the important tasks of a lawyer. Clients are also part of the process.
You have also dealt with arbitration matters, including the appointment of arbitrators through Courts. Can you tell us how you prepare for such cases and what makes them different from regular court cases?
Arbitration matters require a different approach than regular court cases, However pre arbitration litigation is very common these days and often requires court orders ,to even get the arbitration started. Arbitration as such is considered to be a quicker remedy to settle the dispute, but it only works if both sides want an authoritative pronouncement , otherwise it might also become cumbersome.
What are some of the skills that you think are essential to be a successful lawyer, and how can young lawyers develop them?
My usual advice would be , excellent communication skills, analytical abilities, and attention to detail. But I would also add that one should also start investing in human resources. Young lawyers should start to develop genuine human relationships in life and it will help them in the long term. People should trust you as person and as lawyer both. Trust building is a very important part of litigation. Lawyers are engaged mainly because the clients trust them.
Finally, what advice would you like to give to young law graduates who are just starting their careers and looking to establish themselves in the legal profession?
My advice to young law graduates would be to focus on building a strong foundation in the law and developing a deep understanding of legal principles and concepts. They should also cultivate a strong work ethic, be open to learning, and seek opportunities to gain practical experience. Finally, they should always maintain high ethical standards and uphold the integrity of the legal profession.
By practical experience I mean , they should start working like a lawyer ,even when they are interns, don’t wait for your degree , start early , Don’t go for short cuts in early days ,because later on you will have much lesser time in your hand.
Build rapport with your teacher, seniors ,colleagues and even boss.
Everyone has a different journey , but your seniors can always shows you the path.
Ma’am, could you please tell us a little about your background and what led you to pursue a career in law?
I’m a law graduate from Campus Law Centre, Faculty of Law, University of Delhi, and thereafter I’ve done my masters from Queen Mary, University of London. I’m also an advocate on record at the Supreme Court of India. The areas of my expertise include civil and commercial law, property law, writ litigation, and advisory. I represent clients and appear before the Supreme Court of India, the High Court of Delhi, and District Courts. I had a fair idea that I wanted to pursue law as a profession since my school days, and that developed further after my graduation.
You’ve worked for various organizations as a panel advocate. Could you walk us through what you learned from each experience and how it has contributed to your overall growth as a lawyer?
My work as an advocate and my engagement as a panel advocate of government bodies have made me appreciate the importance of the complex interaction of centre, state, and local law. I decided to pursue law because I believe that the law is a critical tool for addressing problems facing our national and immediate environments and for securing a high quality of life for the citizens of society. The work undertaken by me as a panel advocate helped me build on my background, skills, and knowledge, which propelled my growth in the legal profession.
In my previous experience as a panel advocate, I have learned and grown due to the complexity of litigation involved in such assignments and the responsibility of representing government agencies. I would like to believe that working directly with government entities in the legal system has given me opportunities to see how the law affects real people and how it works in real time.
Could you share with us some of the most challenging cases you’ve handled in your career so far, and how you approached them?
The most challenging cases that stand out distinctively in my mind would be a batch of review petitions for enhancement of compensation in a land acquisition matter in the Supreme Court early on in my career. This was my first independent appearance and an opportunity to argue a case before the Supreme Court. This case gave me the confidence to draft and plead a case from its inception to its rightful conclusion. These are rare opportunities for a young lawyer, and I would like to thank my senior, Sh. S. K. Pabbi, for the same.
You’ve also been involved in legal aid and pro bono work. Could you tell us a little bit about your experience in this area and why it’s important to you?
I’ve worked as a panel advocate with the Delhi State Legal Services Authority for three years. This has allowed me to observe the workings of our justice delivery system and has allowed me to contribute my small bit to the better implementation of reforms that legal aid strives for. After working with legal services authorities, I have gained a fair understanding of how the various elements of the justice system operate and how essential legal aid is for fulfilling the promise of access to justice for every citizen.
Could you walk us through your research and publications, particularly your dissertation on Drawing Adverse Inferences from the Non-Production of Evidence in International Arbitration?
I have developed my writing and research skills as a postgraduate student while writing my dissertation. The opportunity to write my dissertation taught me the basic research skills that any legal professional must master. This experience helped me gain insights on effective research techniques and improve my writing skills, which assisted me in sculpting my drafting skills as an advocate.
How did you approach your academic studies, and do you have any tips for aspiring law students?
My approach has always been to understand the fundamental principles of any law instead of knowing the number of the section or the name of a certain principle. It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws. It’s also important to develop a sense of curiosity and keep it alive as the years pass by. I would also advise law school aspirants to cultivate a healthy habit of reading.
What advice would you give to fresh graduates who are just starting their careers in law?
I would like to share something I read that has stuck with me as a first-generation lawyer, especially with those who want to work in litigation: “patience is not something you develop out of choice but because nothing else works.” At the risk of sounding preachy, I would advise law graduates who want to work in litigation to have perseverance and patience.
With your wide range of practice areas, could you share with us how you developed such a diverse expertise in the field of law?
I have been practicing as a litigating lawyer for just over 10 years now before the High court and National Company Law Tribunal and also International and Domestic Arbitration. I also do general corporate practice, as my firm is an authorized partner with Ras Al Khaimah Economic Zone Authority (RAKEZ) assisting companies to set up businesses in Emirate of Ras Al Khaimah. When you are in litigation, it is very difficult to build an exclusive specialized practice from the start and it is equally very important, initially, to accept briefs or assignments in all areas of law, as it would also increase one’s horizon of knowledge and experience, which is a valuable asset. The practice at the High Court, generally involves knowledge of multiple enactments. One day you are advising and drafting a petition for interim measure in an international commercial arbitration for a client in Singapore and the next day you are representing a farmer from a remote village to obtain his just compensation in a land acquisition process from the government and the day after that you are representing a government employee in a service matter before the High Court or assisting a company to set up their business in Ras Al Khaimah. I had also advised Insurance Regulatory Development Authority on the draft of their health insurance regulations, which gave me an insight into manner of drafting of subordinate legislation and policy. I believe as a lawyer, one should be able to any do any kind of work that the client has a requirement with initially and it is only in the later years, the market will decide one’s area of specialization. When you accept a variety of briefs, the word of mouth spreads about your competence. With the result and partly due to COVID and use of technology, I have business houses calling from remote parts of Maharashtra, Chattisgarh and West Bengal for advise on their commercial transactions and potential disputes.
You have specialized in domestic and international commercial arbitration and insolvency and bankruptcy law. What drew you to these particular areas of law, and what experiences or cases have had the greatest impact on your career in these fields?
My specialization in LLM program at Cambridge was in the field of International Dispute Settlement and International Commercial Litigation. Legal certainty and predictability is very important in commercial disputes, which enables businesses to make sound and informed decisions. Time is money for any business. The object of any commercial litigation is not to be to litigate and spend valuable resources on litigation but to find a way to amicably settle the dispute. It saves great amount of time and money for small and medium businesses. It is always exciting to strategize in commercial disputes as there can never be a one-stop solution for all commercial disputes. Each case is different. That is one of the exciting aspects of commercial disputes.
Initially in my career, it was very heartening to see some small scale business owner trying to enforce his contractual rights against large corporations, as it would be a make or break situation for the small scale business and the survival depends on payments which are yet forthcoming from large businesses. Such cases give confidence and purpose to what I do. Over the years, as one’s visibility and ability to perform increases, the larger corporations also engage you in one of their disputes, perhaps keeping in mind your representations and arguments in a previous matter for small scale business owner.
Could you tell us more about your time at Cambridge and how it shaped your career path?
My time at Cambridge was one of the most memorable time of my life, which was enriching academically and was also a stepping stone for further opportunities. My specialization was in the field of International Dispute Settlement and International Commercial Litigation and Law of World Trade Organization. The academic environment created in Cambridge automatically propels one to perform. I was fortunate to complete my thesis in Investment Arbitration under the supervision of late Professor James Crawford, Former Judge of the International Court of Justice and secure first class in the thesis. The interactions and discussions I had with him are now part of my cherished memories. Thereafter, I also had an opportunity to assist Prof Peter Van Dan Bossche, Former Member, Appellate Body Secretariat, WTO in the drafting and research of the TRIPS Chapter of his book ‘Law and Policy of the World Trade Organization: Texts, Cases and Materials’. These little opportunities propelled my career path towards international arbitration or secure an internship with the WTO Appellate Body Secretariat.
From your advocacy and advisory work to your internships at the World Trade Organization and Debevoise and Plimpton LLP in London, could you share some notable experiences or cases that have helped shape your approach to law?
During my internship experience at the Appellate Body Secretariat, WTO, Geneva, I got first hand experience of how laws applied at an international level and how a member’s view or perspective has the effect on a ruling and how geo-politics also has an effect on how cases are viewed by members. The AB Secretariat is assisted by several dispute settlement lawyers who assist the AB in preparation and research of the AB reports in the cases brought to it by member states. In one such issue, the issue was whose appeal is to be numbered first, if the appeals are filed on the same day. The nations at issue were two large economies of the world, one democratic and the other non-democratic. The representatives of both nations were at logger heads as to their appeal to be numbered first. Then it was decided by the AB that there will be a draw of lots and the first chit out of the box will have their appeal numbered first. A meeting was called for of the representatives and all the lawyers and staff were directed to be present. The next issue was who has to pick the lot. And lo behold, I was the person summoned to draw the lot as I was the junior most person in the room. I picked one. It gave me insight into how international rules are applied to see that disputes, howsoever trivial, are resolved. It gave me an insight into a realistic approact to application of the law to resolve disputes. Apart from that, I had also a chance to attend and witness meetings of the Dispute Settlement Body which are held on a regular basis and understand each member’s view point on a dispute pending before it.
During my time at Debevoise, London, I was mostly assisting the arbitration team in investor state arbitration and international commercial arbitration. The firm was representing a nation state in a commercial arbitration dispute which was primarily with respect to construction of oil and gas pipeline in the Middle East. The case involved issues of law of nation state as well as applicability of public international law in respect of state responsibility. I had also a chance to work on a research paper as to the advantages and disadvantages of use of artificial intelligence in international arbitration. It was an open ended topic so I had a chance to be creative with thought provoking ideas. I also had an opportunity to assist the team, which was advising a client on business integrity issues in respect of performance of contract with a contractor in a least developed country.
As someone qualified to practice law in both India and the United Kingdom, how do you navigate the different legal systems and regulations in these jurisdictions? What challenges and opportunities do you encounter in your international legal practice?
There are quite a few similarities between the English law and Indian law in field of commercial contracts and commercial disputes. Most of the aspects of law such as interpretation of contracts, law of damages and assessment of quantum of damages, which we see in India, have their basis in English law.
Culturally, India is not a litigious society. As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase. I see that lawyers in India are equally competent and competitive and foresee opportunities for them also increase. However, for over a century now, London continues to hold the preferred seat for arbitration and commercial litigation for cross border disputes and English law as the choice of law for such disputes, though the companies may have no physical presence in England. Possibly it is because of certainty, predictability and stability in the legal system that London has to offer. If an Indian Company has the option of engaging an English qualified Indian Lawyer, it would be easier for them in terms of comfort as well as cost. Infact, I would like to see a foreign seated company engage a Indian law firm or an Indian lawyer for their international commercial arbitration outside of India. When it can happen in information technology services sector, why not in legal sector.
The challenge the Indian legal system now faces, is one of pendency and effectiveness in terms of enforcement of judgements. Both reasons have grave effect on how foreign investors view the Indian Legal system to be a preferred mode of system for settlement of disputes. There are about 8-10 forums providing rights for creditor to initiate recovery proceedings like civil suit, commercial court, debt recovery tribunal, insolvency, winding up, MSME facilitation council, arbitration councils but still the last mile delivery of enforcement of the decrees before the decree holder actually sees the recoveries or monies in his account is very slow. That may create some anxiety in minds of few with respect to the effectiveness of the legal system.
You’ve published several papers and articles in domestic and international law journals. Could you highlight one or two of your publications that you believe have had a significant impact or have generated interesting discussions within the legal community?
Though the publications are on varied subjects, I believe the stand out to be one in field of nuclear liability, which was published in the International Energy Law Review. It was written just after the Fukushima nuclear accident. The article was a comprehensive analysis of the international law and national laws in respect of regulations and laws with respect to nuclear safety and safeguards, rules governing the international trade in nuclear waste and rules with respect to transportation of radioactive material and the domestic and international law in respect of the liability regime in the event of nuclear accident. The object of the regulations is to attract private investments and also trade in nuclear fuel in a peaceful and environmentally sustainable manner. I had also argued that capacity building in nations and cooperation amongst nations is the primary requirement to have a peaceful mode of trade in nuclear fuel, which is essential peace, security and development of any nation state.
You’re frequently invited to law colleges to judge moot court competitions and deliver guest lectures in corporate law and arbitration. What motivates you to engage with law students and young professionals in this manner, and what advice do you often find yourself giving to those entering the legal field?
Moot Court competitions, guest lectures and webinars are good platforms for brain storming sessions and exchange of ideas, and is part of the learning curve and self-enquiry. It also keeps one abreast with latest updates of law and also understand perspectives, which may be difficult in regular rigmarole of litigation practice. As a lawyer, whether in litigation or general corporate practice, it is important to be updated with the new changes in the law and also updated with the latest judgements of the supreme court. Any judgement read, the judgement should be noted down in a ‘green book’ whereby it is very easy to again reference back to it when the need arises. I maintain a ‘green book’ which has a list of judgements subject wise, with the relevant citations. Though internet research is a very useful tool, it is important to have a personal database written as it is edged in one’s memory forever. It is always important to read a wide variety of subjects apart from law, such as politics, economics, non-fiction, biographies, historical fiction, editorials which increases your horizon of knowledge, vocabulary and perspective. The more one reads on varied subjects including law the more one is confident to represent in court.
Considering your vast experience and expertise, what advice would you like to share with fresh graduates who are just starting their careers in law?
The opportunities that are available to young graduates are endless. Aspire for excellence in law and never settle for mediocrity. It is important to have an open mind as to opportunities around you. There are several rural and marginal groups who lack knowledge to enforce their rights in a court of law, so that way the potential is unlimited.
If one is planning to enter into litigation practice as a career option, it is important to bear in mind that one has to be ready for a grind which is for the long haul, and there is no option for a short term stint in litigation. The waiting period for recognition is now, perhaps, reduced to 5-7 years, which was earlier 15-20 years in the previous generation. Having said that, one is also required to put in long hours in the initial days, after which the existential and survival issues are taken care of. The variety and range of clients one meets, small, big, rich, highly educated, illiterate, elite, poor and downtrodden and the variety of problems that one deals with in litigation and the privilege of having been given an opportunity to solve them is extremely gratifying. I do understand young graduates may have some anxiety about financial security, but they need not worry about that in litigation, as once one is established in practice, remuneration is not far away.
Lastly, it is important to be brutally honest with your advice to the client, as the client is entitled to the best in you and in what you can offer. It is very important that in order to gain the trust of one’s client, the lawyer and client are on the same page at every step of the matter. Even if the client may not like to hear what advice you have to give, as a professional, one is required to be honest to the client.
Sir, please tell us how did you get interested in pursuing law as a career?
I was always passionate about co-curricular activities during my school time. I pursued my primary and secondary education from Delhi Public School, Mathura Road where I got the opportunity to serve as the Head Boy in Junior Wing (2000-2001) as well as Senior Wing (2007-2008). Being an avid debater, I always had a knack for formulating arguments and envisioned myself as a litigating counsel. While my interest in public speaking was one of the aspects that pushed me towards studying law, the role of a lawyer as a social engineer fortified my decision of pursuing law as a career.
Could you tell us more about your experience as a Law Researcher with Justice Hima Kohli at the Delhi High Court? What was it like to prepare briefing notes for the Hon’ble Judge on fresh matters and research on challenging legal propositions?
I started my career in law as a Law Researcher with Justice Hima Kohli at Delhi High Court (now Judge, Supreme Court of India). It was an enriching experience to prepare briefing notes for the Hon’ble Judge on fresh matters. This helped me learn the art of reading a brief and summarizing the fulcrum of the dispute with ready reference to the relevant annexures. The experience also taught me the skills of researching on challenging legal propositions. Clerkship acted as an excellent stepping stone in my career as it offered a brilliant opportunity to observe contentious hearings and heated arguments to learn court craft and articulation.
What motivated you to gain more exposure in high stake matters by joining J SagarAssociates (“JSA”)?
The following two aspects motivated me to join a good law firm – (i) quality of pleadings filed by Tier – I law firms; and (ii) exposure of briefing and assisting variety of senior counsel.
While preparing briefing notes during my clerkship, I realised the importance of pleadings which is the first element of a case that a judge peruses even before considering arguments. I could easily differentiate between the standard of pleadings drafted by reputed law firms involved in high stake matters as compared to other run of the mill matters. Also, I was always intrigued by the arguments presented by good senior counsel who were usually engaged in high stake matters. I realised that working with a law firm would provide me exposure as I would get opportunity to assist a variety of senior counsel who are experts in their respective fields of law.
What did you learn during your time at JSA and how did it help shape your career as alawyer?
My stint atJSA taught me discipline, grit and perseverance. Turning around deliverables with rigorous deadlines prepared me for bringing out the best even under pressure. Associating with international clients further enhanced my personality and helped me transform into a mature professional. Furthermore, the exposure of appearing in different courts across the country helped me gain confidence to establish my independent practice.
What inspired you to establish your independent practice, and what have been some ofthe most rewarding experiences so far?
I have always been passionate about addressing arguments in Court. After a point of time, felt I was becoming too comfortable and complacent with my job at the law firm. I was striving for more opportunities to argue. The freedom to argue your own matters inspired me to establish my practice. One of the most rewarding experience is the satisfaction I see on my clients’ faces after they see me perform in Court. Recently, after achieving a favourable outcome for one of the legal aid beneficiaries, I was invited by him to visit his house and meet his family so that I could meet and inspire his children. Such instances augment my trust in the legal profession and remind me that I am on the right track.
Could you share more about your role as an Assistant Advocate General of the State ofHaryana in the Supreme Court of India?
As an Assistant Advocate General of a state, one is required to represent the concerned State in matters that are marked to the officer. The officer is expected to be well acquainted with both civil and criminal law as the officer can be asked to represent the State in any matter where the concerned State has been impleaded. The officer is required to coordinate with the concerned department of the State Government to seek instructions and assist the Court. My responsibilities as an Assistant Advocate General included arguing matters before the Supreme Court and drafting Special Leave Petitions and counter affidavits.
What are some of the most challenging cases you have handled in your practice, andhow did you approach them?
Each brief has its own challenges. Sometimes, a case may be straightforward but the Bench may be non-receptive. On other occasions, the opposite counsel may create unexpected hurdles in a matter which is otherwise not complicated.
Some of the challenging cases that I have handled include the landmark decision of Maharashtra Seemless Limited v Padmanabhan Venkatesh & Ors., reported as (2020) 11 SCC 467. I also appeared before Supreme Court in a landmark matter titled Aruna Oswal v Pankaj Oswal & Ors., reported as (2020) 8 SCC 79 involving interpretation of law of nomination under Companies Act, 2013 vis-à-vis law of intestate succession.
I have also represented a person with benchmark disability in a service matter before the Delhi High Court and Central Administrative Tribunal. I argued for securing his preferred post on the principles of non-discrimination and reasonable accommodation enshrined in the Rights of Person with Disabilities Act, 2016.
My Approach
Prepare a narrative, storyline of the matter and plug loopholes, if any.
Become the Devil’s Advocate and identify all ostensible arguments of the opposite side.
Present the matter before the Judge with a simple and logical approach. All courts appreciate brevity.
Up to date background research on the Judge who will be hearing the matter and judge’s approach in similar situations.
Understand the pulse of the Court which is very important during a hearing.
Prepare flexible strategies basis mood of the Court. Most of the urgent reliefs sought before a Court are discretionary. The art of articulation and persuasiveness to convince the Judge in passing a favorable order is the most important.
Could you talk about your experience representing various corporate, governmentdepartments, and financial institutions, and how do you balance the interests of thesedifferent clients?
You need to be versatile. Each client has a different way of dealing. Corporates expect you to be responsive so that they are updated with each development in their matter. However, government departments do not encourage too much hand holding. For me, all matters are equally important and I try to distribute my time basis the nature of the brief irrespective of the nature of client. I strictly adhere to professional ethics and do not engage in any manner in a matter where I may be conflicted.
Lastly, what advice would you give to aspiring lawyers looking to build a successfulcareer in litigation and dispute resolution?
While pursuing a career in law, you always remain a student as there is so much to learn. One must continue learning throughout their life and accept new ideas. I urge the budding lawyers to have a clear vision and plan their actions accordingly. There is no substitute to hard work and no shortcut to success.
In my view, the skills and qualities which a lawyer must possess to excel in his career can be derived from the word “Success” itself :-
Ma’am, to start this conversation, could you please tell us a little bit about your background and how you became interested in law?
Well, to be honest, I didn’t always know that I wanted to be a lawyer. In fact, when I was younger, I had aspirations of becoming a doctor, just like my late father. However, when I was in my teens, Delhi was witnessing some trials- such as the Priyadarshini Mattoo case, Jessica Lal case- which were being widely reported. The the strategy developed by the lawyers in those cases, coupled with their past experience were the subject of media attention. I was fascinated by how small legal points, which the common man was not even aware of, could be used for or against them when they found themselves in the middle of a legal trial. I used to diligently read up all reports on such trials and gradually, my interest in the world of law grew, and I decided to pursue it as a career.
You have worked on some high-profile cases in the past, such as the Ayodhya dispute and the Triple Talaq matter. Can you talk about what it was like to work on these cases and the impact they had on you personally?
Those were definitely some challenging cases, but also very rewarding ones. Working on such high-profile cases was an incredible learning experience, and it taught me a lot about myself, my abilities, and the legal profession as a whole. Personally, it was a great feeling to be a part of these landmark cases that had such a significant impact on Indian society. These matters involved important constitutional questions and when one is assisting a counsel before the Hon’ble Constitution bench, you have to make sure to deliver your best work, and the judges are always so well prepared and one has to be ready for all kinds of questions. It therefore takes a lot of time to focus and prepare for these hearings. In fact, when I was working on the Ayodhya matter, I had not imagined that the regular hearing will start in the month of July 2019 (as the matter had been adjourned several times before) and I was actually scheduled to get engaged in that month. However, once the hearing dates were fixed by the Hon’ble Court, everything had to take a backseat and I decided to postpone my engagement. I think for any lawyer it is a lifetime opportunity to assist the stalwarts who have appeared in these matters, and while giving your best shot, you also get to learn so much just by being around them.
You have experience in litigation, arbitration, and corporate law. Which of these areas do you enjoy working in the most and why?
Well, I enjoy all of them for different reasons. Litigation is exciting because you get to argue your case in front of a judge and put your legal skills to the test. Arbitration allows for a more collaborative approach to dispute resolution, which I find fascinating. And corporate law is great because you get to work with companies and help them navigate the legal complexities of running a business. So, it really depends on the situation and the client. But if I had to choose, I would say litigation is what I enjoy the most. There’s something incredibly exhilarating about standing before a judge and arguing your case. Plus, every case is unique and presents its own set of challenges, which keeps things interesting.
What do you think are the most important skills for a successful lawyer to have?
There are many skills that are important for a successful lawyer to have, but I would say that the most important one is willingness to put in the hard work- one needs to read every paper, each word- several times, this is absolutely non-negotiable. Other important skills are attention to detail, good communication skills, and the ability to think on your feet are some of the most important. In addition, being able to empathize with your clients and understand their needs is crucial in building trust and creating a successful attorney-client relationship.
Can you talk about a particularly challenging case you worked on and how you overcame the challenges you faced?
One of the most challenging cases I worked on was the Ayodhya matter, wherein so many issues arose for the first time, such as whether idol is a perpetual minor?. When I am faced with complex legal issues, I try to read all literature which is remotely connected to it, be it from India or outside, it usually gives me the answer directly or at other times equips me to navigate the issue.
In my day to day practice, I find the cases concerning medical negligence really challenging as they require a deep understanding of medical terminology and it requires a lot of research to build a strong case. But, I have been fortunate enough to have a team of experienced doctors who have graciously helped me in understanding the medical aspects of such cases. Through their guidance, I have been able to build a strong arguments and perform in this niche area.
How has the legal profession in India changed since you began practicing law, and what do you see as the biggest challenges facing the profession today?
When I first started practicing law, I noticed that there was a lot of resistance to change, especially when it came to adapting to new technologies and working remotely. However, the pandemic has forced everyone to embrace remote work and virtual proceedings, and I believe this has opened up new opportunities for the legal profession to become more accessible and efficient.
The biggest challenge facing the profession today is the lack of diversity and inclusion. We still have a long way to go in terms of increasing representation of marginalized communities and women in leadership roles, especially in the judiciary. When I started out, we used to only see 1-2 women judges in the Supreme Court, however things have definitely improved and I have been fortunate enough to witness so many women judges, including 4 of them at the same time in the Supreme Court. However, I am waiting for the day when this ratio is equal and of course, eagerly waiting for a female Chief Justice of India. I think all of us, as officers of the court need to actively work towards creating more inclusive and diverse environments, not only to improve representation but also to bring in fresh perspectives and ideas.
You have experience working as an independent legal practitioner as well as an associate at a law firm. What are the main differences between these two roles, and which do you prefer?
The main difference between being an independent legal practitioner and working at a law firm is the level of autonomy you have. As an independent practitioner, you have the freedom to choose your own clients and cases, and you have complete control over your schedule and work style. On the other hand, working at a law firm can provide you with more resources, support, sustained income and opportunities to work on high-profile cases.
Personally, I enjoy the flexibility of being an independent practitioner, but I also appreciate the collaborative and supportive environment that law firms can provide. It really depends on your individual work style and goals.
As a woman working in the legal profession, have you faced any difficulties or challenges that your male counterparts have not? If so, can you tell us about those challenges and how you overcame them?
Yes, as a woman in the legal profession, I have faced some unique challenges, such as gender bias, microaggressions, and sometimes being underestimated by my clients and peers. It can be frustrating to feel like you have to work harder to prove yourself, but I’ve learned to channel that frustration into motivation and dedication to my work. In fact, I feel that these people really pushed me to become more thorough with my brief and ultimately contributed to my growth. Over the time, when these clients saw my work, they also reposed faith in my capabilities as a lawyer.
Lastly, what advice would you give to someone who is considering a career in law, particularly someone who is just starting out?
My advice to anyone starting out in the legal profession is to keep an open mind and be willing to learn and adapt. The legal profession is constantly evolving, and it’s important to stay up to date on new developments and technologies. Additionally, don’t be afraid to take on new challenges and try different areas of law to find what you’re passionate about. Further, put in as much work as you can, in this profession, it is very difficult to survive without putting in the work and once you find something that you have a passion for, hard-work will not feel nearly as dreadful. Lastly, always strive to maintain high standards of professionalism, ethics, and integrity in all your work. The legal profession is a noble one, and it’s important to uphold its values and principles.
Sir, please tell us about the person you thought you would become when you reach your current age.
There is no person as such whom I thought I would become at my age. Professionally speaking, there are senior advocates from whom all young lawyers derive inspiration at different times. I also derived inspiration from senior colleagues at bar.
Please enlighten our audience about effectively preparing for AOR examination.
The AOR examination comprises of 4 subjective question papers of 100 marks each. To clear the exam, the aspirant needs to secure atleast 20 marks (60%) in aggregate and atleast 50 marks in individual papers. The papers are – Practice & procedure of the Supreme Court, Drafting, Leading Cases and Professional Ethics. There is a well defined syllabus including a readily available list of leading cases for that paper. The exam is going to be conducted in June 2023 now. I had prepared a short course with Eastern Book Company (EBC) on this which is available here – https://www.ebcwebstore.com/product_info.php?products_id=99097675&trk_bn=1
We would like to know more about your experience as Law Clerk cum research assistant to Hon’ble Mr. Justice Kurian Joseph.
It was an enriching experience with Justice Kurian Joseph. I was selected as a Law Clerk cum research assistant in 2013 and was attached with him for an year. He was my first professional mentor. There was so much to learn from him not only on law but spirituality as well. We worked on important matters particularly the coal block allocation scam case. I wrote an article on his superannuation which can be read here – https://www.livelaw.in/passionate-and-compassionate-justice-kurian-joseph/.
Having a good experience in the area of research, please give our audience few tips in order to conduct effective research.
Always look for the primary source. For example, if you are researching on a particular point of law and in your commentary or journal you find a reference of a particular judgment, locate that judgment and read it. Then follow up with judgments which have followed it or distinguished it and update yourself with the latest law on the subject.
Please enlighten us about the area of practice you like the most.
All areas of law and equally thrilling as they are collectively required to maintain order in the society. I practice more on the criminal side.
Lastly, could you please give a piece of advice to the legal professionals who are in the initial years of their legal journey?
I can only advise on colleagues who are starting their respective journeys in the field of litigation. Focus on observing senior members of the bar and try to learn how do they present a case. Learn filing work from the clerk in the chamber you are associated with. Keep a diary with you and keep making short notes and keep visiting them once in a while. Keep yourself engaged with a sport. Initial few years are taxing, treat your mentor’s matters as your own and always compete with yourself. Don’t compare yourself with anyone.
To start the conversation, please tell us how you ended up pursuing law.
Even as a child, the legal field excited me, though at the same time I could see the uphill battle that it is. My father being a practising advocate, I had seen his long hours of reading and his associates staying in the office till late hours doing drafting. However, when he would share stories of the day of interesting courtroom experiences at dinner time, those discussions would have me hooked for hours. My interest in the field started developing and I started wondering if I could pursue law as a career. I enrolled myself for law entrance coaching for 2 month – crash course, gave my entrance exams, cleared it and joined NALSAR in 2004.
Please tell us how our judicial system has evolved over the years.
During my internship days, the physical access to courts was more. Interns could witness the Supreme Court proceedings and learn. Further, the clients/ litigants did not have to go through such lengthy procedures to obtain court pass. None of the advocates needed a proximity card but of course, this had to be balanced with rising security concerns. Virtual hearings today, are balancing as well as playing their part in increasing efficiency and transparency in court proceedings. It took some efforts to overcome infrastructural and connection issues but it was handled well. Supreme Court has also introduced judgments in vernacular languages to make judgments accessible to more and more people. Recently, the Constitutional Bench of the Supreme Court began live streaming of its hearings which gives an opportunity to law students as well as citizens to virtually observe the approach that the Apex Court is adopting. Efforts by the Supreme Court for e-filing and soft petitions have been environment conscious steps. Over the years, access to justice has seen a sea change.
When it comes to the pendency of cases, the Supreme Court, by making some procedural changes to disposal of cases, took the bull by its horns. The common man has its hope resting on the judiciary. The court has attempted to reign the contents and limits of PIL in order to avoid frivolous PILs. Further the Supreme Court has been giving many landmark judgments such as lifting of the ban on women’s entry to Sabarimala temple, Section 377 IPC decriminalization; recognizing individual rights thereby ushering an era of social transformation. However, judiciary should also take steps to achieve greater transparency and providing access to justice and to maintain the independence of the judiciary.
Given a very busy schedule, please tell us about how do you maintain a work life balance.
This profession is invariably demanding. Running from one court to the other, endlessly waiting for the matters, research, drafting and client dealings starting mostly in the third quarter of the day, every day brings its own challenges which takes up most of your time.
I believe that a fit body is key to an active mind, which is the greatest asset of a lawyer. Apart from law, I love spending time with my family and my dog or watching sports and I try to ensure that I take an hour or so out to do these things every day. It helps me start the day with full enthusiasm. Also, I love to travel both within and outside the country. Take frequent breaks, relax, rejuvenate and re-energize to be back at work or else stress could burn you out.
What skills do you think one must possess in order to draft effectively?
Drafting is very important in a case, it is a winner or a buster.
Firstly, one has to develop the skill of reading the case papers in depth in order to have every detail needed to draft and marshall the facts. Secondly, proper research of the law and applicable case laws. Thirdly, have a structure including a sequence of happenings and not being repetitive, keeping it crisp, to the point and use of unambiguous language. Lastly, we have to keep in mind the prayer that we are going to make even at the time of drafting the pleadings.
We would like to know about that one case you will always remember.
This is a difficult one. Law is dynamic, and every case brings with itself a whole new gamut of challenges, and with that comes new possibilities. I remember this case where a higher judiciary officer’s promotion and annual grading were in question. The opposite counsel was certain of his win (as he was usually winning these cases representing the high court), and overlooked placing some vital documents before the court, and that went in our favour. From this I learnt that no matter where you are in your career, how cast iron your case is, one should never be over-confidant.
Please tell us about the struggles you face during your initial years of practice and how has it changed for you now?
I had taken the plunge of becoming a litigator, and it is tough. Waiting for clients, long hours of research in the Supreme Court library, filing of matters without the help of any clerk. I worked hard to meet the clients’ expectations and make a mark with my arguments on points of law. But the most difficult task was to make the clients pay the fees, obviously.
As years go by, you mature into a wiser, more informed counsel, the clients rely on you and so does the court. Being an AOR also contributes in establishing your name as a regular practitioner.
How far does being a fair counsel take you?
It is very important to be fair to the opposite side and not to try to mislead the court. Concealment of facts that are prejudicial to your client will not benefit anybody. Maintaining your integrity is imperative. The judges should have absolute faith in the assistance provided by the counsel. That a goes a long way in establishing your practice. In Supreme Court when one appears for the AOR exam, he/she has to also study professional ethics. That provides you with an insight with respect to the importance of ethical practice and its positive impact in your relationship with all the stakeholders including your colleagues, clients and the judges.
How do you keep up with the recent developments in your field?
I update myself with legal digests and journals and keep a tab on the online legal news portals. With the emerging legal events in our country, it has become essential to keep yourself informed about the developments which always gives you an edge while strategizing and preparing arguments in the matter.
Could you please give some advice to the young legal professionals who are looking forward to start their practice?
What is constant in this profession is learning and hard work. Perseverance is the mantra. Being only in my 14th year of practice, still one thing that I have learnt and would like to share is that never take your losses to heart and success to mind and do not keep measuring your efforts in terms of the outcomes. As long as you’ve provided the Client and the Court with your best assistance, you should move on. Also, don’t compare yourself to others, everyone has his/her own journey and trajectory. Further, time management is very important and to always be prepared, each time you step in the courtroom. As far as Supreme Court practice is concerned one has to identify the question of law which would get the judges interested in your matter and present it to be easily comprehensible and in least possible time.
To start the conversation, please tell us what motivated you to pursue law as a career.
Well, initially I was never inclined towards the practice of law, and rather was more interested to work in companies and become an In-House practitioner. Being a 3rd Generation legal professional, I knew the battle ahead to stay in the game. Plus I was [still am] an athlete and played a lot of professional matches, so time had to be matched equally between career and sports. Kolkata is where I was born and raised, hence, arguing and negotiating came quite naturally to me, much like all legal professionals from the city. Quite early on I was introduced to the world of litigation, policy brutalities, burgeoning stress of drafting, long hours of excruciating patience, hopping Court to Court, etc. as I used to accompany my mother and grand-father, who were a noted law practitioners in Kolkata. I would say that the experience was there [and it was surreal], which is fundamentally why I wanted to avoid it! However, with my abrupt migration to Mumbai in the year 2013, I swept my entire time and energy into commercial litigation and thereon, I never really looked back, so really the motivation never came early on, but rather stuck with me as I started litigation in Mumbai.
Sir, you have completed a decade of practice in law. Has the profession given you what you expected out of it?
Yes, indeed so. I have completed my graduation in the year 2012, then passing the AIBE in the year 2013, so it’s been more than a decade into the field. It has made me to travel across the country, representing disputes in their strangest and malignant forms, meeting a diverse group of people, charter me into international disputes and place me as an International Arbitrator and so much more. I never expected to have so much exposure to disputes when I was merely an angry young student of law, deeply involved in politics, sports and students’ movement in Kolkata. Quite candidly, I never wanted to be so involved too! The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things.
Our readers would like to know about your areas of practice and your interests over the last 10 years of law practice.
I come from a generation of lawyers, politicians, and bureaucrats, so criminal law came quite naturally to me as I was fairly accustomed to the nuances of investigation and arrests. However, I started off with Winding Up matters under the Companies Act, 1956 [now repealed] and similar commercial disputes. Arbitration sounded fancy at the time and gave my hand on couple of ADR matters initially. But since being in the chambers of my Senior, who is a full practice litigation professional, it got me experienced in a host of matters, ranging from Municipality disputes, cheque dishonour, Suits, complaints, divorce, testamentary and what not! Being involved in so many types of litigation opened a Pandoras Box for me, unleashing the opportunity to at least master the practice and procedure [if not the law]. Over time, I got involved in various other types of matters, involving labour disputes, cyber-crime, bails and trials, Penal sections, Admiralty, IPR, NCLT and IBC, etc. making me go places and expose myself to a varied gravy of matters. I keep one thing in mind, the basics of dispute is always the same and the principles to resolve any dispute is never complicated. Its more logic and reasoned.
What is a Career in Alternative Dispute Resolution like, especially from an international perspective?
ADR is the future. The facts speak for themselves. There is an indiscriminatory rise in litigation before various Courts and this exponential rise in matters, casts an unbearable burden on not only the Judges, but the Advocates, Prosecutors, Pleaders, clerks and the entire system along with it. We all have knowledge of ADR in Matrimonial disputes, and further it being introduced in the form of ‘Compulsory Mediation’ in Commercial Matters, however, if understood smartly, ADR can be used the same way as litigation, which is commonly used by almost all International Institutions as an effective method to conclude the disputes, by arriving at amicable settlements and charging for the same at pre-determined rates. The additional skill sets which will be needed are the necessary tools for effective research, razor sharp strategy and persuasive negotiation skills to effectively resolve disputes. I have clients wanting to end disputes, not win a matter for it to be overturned in Appeal, so I suppose ADR is the way forward and now with the extensive advent of technology, practice has never been more convenient and organized.
Could you please tell us about the personal and professional challenges you encountered over the years, up until you established your own firm and thereafter?
Well, it has always been pretty much hard work and putting in the hours of work towards it. I have always focused on positives and rarely been idle till date. I have constantly been on the move, shifting focuses and building experiences around disputes and people. There have been insurmountable challenges that I have faced along the way, but we always move forth, right? We all do. Professionally, I have worked with Counsels, Advocates and in a noted law firm, and from every such entities, I have developed various skills. Skills in people management, little bit psychology, legal strategy, learning the procedures, knowing more laws, defining my own argument style, knowing when to shut up and sit [or walk away], as I always preach everyone, law is common and everyone is expected to know, what matters is how to interpret it and to whom the same is being interpreted to. One must definitely know how to read the mind of another individual and be aware of the basics of psychology. Once I was convinced that I could finally walk on my own, I took the leap, almost impromptu and here I am, better by the day.
How do You see the development of Alternate Dispute Resolution methods over the coming years?
I foresee a complete overhaul of the existing system to place litigation in a symbiotic relationship with technology and a consequent yet systematic development of the entire ADR regime. Legal professionals will be more adapted to resolve disputes, either through Courts, which mandates the compulsory ADR process, via ADR Institutions or by Advocates engaging with the disputing parties to mediate and negotiate the disputes. In my years of experience, it is only recently that I have come across parties that are mediating and settling disputes, only through effective negotiations, at the final hearing stages, thus saving enormous stress on the entire system and its [breaking] parts! Final Resolution of disputes would mean an end to the dispute and by the look of it, who would not want to develop it? So as I see it, ADR will play a prominent role in the adjudication of disputes of all nature, without exceptions.
There are many certifications, like the one given by CIArb (Chartered Institute of Arbitrators) to take up Arbitration as a career. Do you think taking such certifications helps along with practice?
Education and being educated, are very different. For example, no one teaches you litigation, but you get educated along the way and educate yourself about the nuances of litigation and its practice. Similarly, you need to have life experiences to effectively negotiate and mediate. The purpose of any course is to have the empirical knowledge and discuss established principles, which is to be borne in mind when eventually resolving disputes. While I believe that by undergoing certification courses [an uncountable number done myself!] definitely aids you, it very important to have a sense of direction in what ones to do, else the certifications shall be only used to cover office walls. Think deep, in our profession, life experiences take the first preference. Then the education. ADR Institutions are having internationally acclaimed Trainers and Professors, hence, you will get first-hand experience in international disputes and scenarios. So yes, it will definitely help in some way.
Lastly, what would be your advice for the fresh law graduates who are looking forward to opt for ADR?
Put in the long hours. Dedicate yourself to a routine. Read the laws. Go to the roots of the laws on ADR and get enrolled with ADR Institutions and Advocates practicing ADR to have first-hand knowledge and being conceived with the nuances of practice and procedure. But be advised, ADR will outgrow and creep into all litigation domains, so it is very important and wise to practice all domains of law, keeping ADR as its base. Lastly, you break the walls down and you keep creating standards!
Sir, in order to start our conversation, kindly let us know about your decision to pursue law as a career.
Even though you have asked me about my “decision” about choosing law as a career, however, it is my firm belief that there is nothing which we decide to do but destiny plays an important role in what we do! Coming back to your question I may say that ;
I decided to pursue law while I was in my first year of graduation in the year 1991. I did my graduation from the Govt Arts and commerce College Indore. My father initially wanted me to become an engineer but I was fond of reading and writing . Maths and physics were not my cup of tea. Sociology, Political Science and History were my forte . Studying about society and political system enhanced my skills in analysing various aspects of human behaviour. In depth study of the subjects helped me in clearing the entrance examination of law course of Delhi university in 1994 . I completed my law course in 1997 and thereafter joined the chamber of Mr LR Gupta, senior Advocate who was a distinguished civil lawyer . That’s the initial journey of my life which started in 1974 , followed by my admission in Bal Bharti Public school.
Being a senior Advocate, how would you explain the changes which have taken place in our judicial system over the time and if any, kindly express your views upon the same.
Our judicial system is indeed a dynamic one . When I started my career in 1998 a system was placed for the new entrants to complete a six months training programme , for those who wanted to appear for judicial services they were required to undergo a couple of years of training under an advocate. Gradually these programmes were changed. Many people would have different opinions on the practices and the systems which were in place but my personal opinion is that training under the lawyers was a good initiative. It is indeed very necessary to understand and to become acquainted with the working process before one starts his or her career as an advocate or a judge . Judicial academies have been set up in the country and the training which is imparted now is one of the best . Young judges meet many legal experts and jurists as a part of their training. I have traveled and have appeared before many courts in India . Undoubtedly the courts and Tribunals in Delhi have an edge in comparison to other courts in different states of India but we all have noticed that due to infuse of technology justice dispensation is becoming quick and easy. I am sure in next couple of years we shall all see many a new innovations being introduced with an objective to ease the grant of justice to those who approach courts for redressal of their problems and grievances.
Sir we would like to know about that one case you can never forget.
It’s indeed very difficult to answer which case is difficult to forget . Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer . I have appeared for clients while representing their cause in different areas of law. Yet I remember that I was able to secure an acquittal of an engineer somewhere in the year 2014 who was convicted of murder by the sessions court by misreading of the factual aspects and erroneous application of legal provisions and the evidence. The young man had to undergo rigorous imprisonment for a period of seven years even though charges could hardly be proved against him . False evidence was created and witnesses were planted against him . That is certainly a case I remember .
Kindly throw some light upon your initial days as a young lawyers and the challenges faced by you.
Initial years were full of learning and hard work. My father late Shri Inder Kumar Sharma played a huge role in my success . He was a learned man who excelled in the field of administration but he always remained humble and treated everyone with affection and kindness. This character is extremely essential for anyone to become a successful person. I have always tried to follow the traits of my father. I was extremely lucky during my early years of practice to have worked with some fine senior lawyers . I learnt a lot from them for which I shall ever be greatfull . I fondly remember my senior Mr LR Gupta who was extremely kind to me and always blessed me .
Please tell our viewers about your daily routine which helps you maintain the work life balance.
My routine includes a brisk walk / cycling for around an hour . Fit mind is very essential for any professional. One must spend time with nature. I also make it a point to have a sound sleep for atleast 6 hours a day. Rest of the time must be spent in preparing cases , reading newspaper and to keep yourself updated. I read and note in my register important cases and I am maintaining this habit of writing since the year 2000.
Sir, while looking at your profile we read your article named “Unfounded prejudices shouldn’t be allowed to damage independence and esteem of the judiciary”, please tell our audience about the same.
The article was written by me not to defend someone or to accuse someone . The same reflected my point of view which is clear from the reading of the article itself . I can’t add anything to it except to say that normal human conduct and human nature gives a clear indication of many a facets of life and turn of events .
Lastly, any advice you would give to the professionals in the legal field?
The youngsters are smart and intelligent. They think better than us and have many new ways to approach towards a problem for an effective solution. The legal profession is such that it keeps one mind active. I will just like to add that any young lawyer who wants to join the litigation must remember few things to start with . Work with a good lawyer for at least 2-3 years . This period is sufficient to understand the procedures of courts. Develop good habit of listening. It adds to your advantage and many a times a good listener will be in a better position to answer the questions which may be posed by the judges. Respect your seniors and learn from your colleagues who appear for the opposite side . Never loose heart if you loose a case . No one can win hundred percent and therefore no one can loose constantly. Develop the habit of reading . Read files carefully. Read at least one or two reported judgments daily and try to keep a note of those . Never run after money . Since we all are lucky to be in an intelligent profession with time finances are never a concern . Behave properly and dress up smartly. The judges takes a note of appearance also. One should always be smartly dressed. While appearing in a matter with your senior colleague ask him / her questions which may come to your mind well before the hearing . This will make your senior glad as well and it goes without saying you will win a case for the client.
It is said that the best moments happen when they are unplanned. How true do you find this axiom? Do you anyhow relate to it considering that you were a science student and had never intended to take law as a career?
I fit this quote perfectly. Law for me was unplanned. It wasn’t a thought-out decision. I didn’t know of the challenges the profession brought with it. Had I planned on it, I would have researched and succumbed to the pressures and challenges, especially since no one even in my distant family was/is a lawyer. After finishing school, I was clueless about what to do. I knew that I could never be a Doctor for even the very sight of blood could send shivers down my spine.
A friend wanted to pursue law and convinced me to sit for an entrance exam. I think it worked in my favour. I came with no expectations, just seamlessly adjusted and fell in love with it. Sometimes the lack of expectation can set you free, certainly did so in my case. Today, I can say with certainty that it was the right and the best choice for me. I could have been nothing but a lawyer.
How did you manage to secure an internship under Mr Arun Jaitley and then land a job role at L&L Partners?
Mr Jaitley was the reason I took law seriously. I went to him seeking an internship in my final year of law school. At that time, everyone intended to seek a job where the internet and law firms were the most sought. I was very clear in my mind that I wanted to be a litigator and I knew that Mr Jaitley was inclined towards politics, so it may be my one and only chance to work with him for a considerable time. When I interned with him, the sheer aura he exuded was inspiring. His oration was impeccable and there was so much to learn from him.
The internship led to a job as he felt that, if groomed right, he could be a good lawyer. I am glad I learnt from him, else I would have never been what I am today. Mr Jaitley quit practice in June 2009 and I had no choice but to move on. I had interned at L&L Partners and it was natural for me to look for a job there. I knew the environment and they knew my work fairly well. So, it all fell into place and it did not take much time for them to decide on my candidature and I joined L&L in July 2009.
You worked at L&L for more than a decade. Can you share a bit about your role and the kind of work you had there? Do you think that L&L Partners was a turning point in your career?
L&L appeared to be a stop-gap arrangement back then because I was not sure if I wanted to be at a law firm. I was enjoying law, but a job change after working at a place merely for one and a half years left me in a bit of a quandary. I joined L&L and there has been no looking back since then. From being valued as a resource in every matter I worked on, to being given the exposure to develop business with barely 3 years into the profession, allowed me to hone my all-around skills. I was acknowledged for my contributions in a matter, given out-of-turn promotions, and allowed to argue matters early in my career. Mr Jaitley inspired me…he was my guru.
L&L shaped me into what I am… They knew what I was capable of, and they gave me the confidence and the platform to grow. I handled a variety of matters. A lot of practice areas (such as criminal trials) were not what my team did…but I was always encouraged to explore that part of the law as well. My Senior Partner had faith in me and let me develop my own ideas and approach. I have done everything from civil trial to criminal trial to PMLA to the consumer to arbitration to appellate and constitutional matters. I don’t think I could have gotten this kind of exposure anywhere else. In fact, it was my experience which helped me clear my AoR exam in my first attempt without the effort I expected I needed to put in. I continued with my regular work and cleared the exam with a good score.
You happen to excel both in Arbitration and traditional court-based litigation. What according to you is the best dispute resolution method? Do you think ADR is really serving its purpose in lowering the pendency of cases and burden on Courts?
According to me, Arbitration is nothing but a personalised mini-trial. It is a more formal and time-bound process. I enjoy arbitrations as much as I enjoy traditional litigation…and sometimes even more. Out of all the arbitrations I have handled till now (big or small), all have been presided over by retired Judges, so the efficiency of CPC has never been compromised despite CPC not be strictly applicable.
I feel ADR is serving its purpose. With the way the Arbitration law has evolved in the last 7 years, it is at par with global standards. Arbitrations no longer go on like civil trials for years and years. The challenge to an award is restricted and with no automatic stay to an award upon the filing of an appeal anymore, matters get resolved quicker. Courts are usually reluctant to grant a stay without a deposit and where the Judgment-Debtor has to pay a big deposit, the matter often gets resolved without going through the lengthy process of an appeal in many cases. I feel while ad-hoc Arbitrations are expensive, institutions like DIAC bring it closer to smaller claims. I am certain that with time, arbitrations would make way for all kinds of disputes.
What skills according to you a law student must groom in order to pursue his/her career in International & Commercial Arbitration?
I think reading the Arbitration and Conciliation Act is not enough. They must read the latest law on it…see how courts are interpreting it…follow law commission reports, and international developments…because what happens internationally is adopted by India too…sooner or later.
Can you tell us a bit about your current role and responsibilities?
Much like L&L, where I was a Partner for about 5 years, I am a Partner at ELP where I handle their dispute resolution (arbitration and litigation) practice. My role at the firm includes execution of matters, and business development so that we all can grow as a firm. Unlike several other firms, ELP (as did L&L) encourages its Partners to argue matters and conduct evidentiary hearings, which makes work more exciting.
You have also served as the regional representative of India in the International Bar Association’s Criminal Law Committee. Would you like to share your experience and key learnings with us?
That was a beautiful experience. I argued for the Prosecution in a mock trial for an international crime before a Bench Comprising of a sitting Judge of the Supreme Court of Korea and won the criminal trial. My entry to the committee just didn’t help me organise the Trial but helped me understand issues of Transnational Crime, discuss cross-border criminal law issues and meet the experts in the arena. IBA also helped me gain an international name which is hard on the criminal side till you take part in any actual international criminal trial. In fact, law firms in India usually don’t focus a lot on criminal trials and organisations like IBA take us beyond our territorial limits.
At last, would you like to share your success mantra with our readers?
After having given 13+ years to the profession, I feel there is no success mantra. There are no rules to go by. Work hard and with complete sincerity…enjoy what you do…success is a natural by-product. Don’t be impatient, don’t look to take shortcuts, there are none. Grow your way up the ladder with patience and perseverance.
