Could you please share what inspired you to pursue law, and how your journey from a student to an established advocate shaped your perspective on the legal profession?
I am an accidental lawyer. I come from a background of a wide array of professionals, including engineers, doctors, academicians, and armed forces veterans. During my school days, I was keen to serve in the armed forces growing up in a defence household. However, as a turn of fate, I could not take the NDA examination since I was severely unwell on the day of the exam. Luckily for me, at that time, the curriculum for the NDA entrance examination and LLB courses used to broadly overlap, so I could sit for the LLB examinations and qualify for the 5 year integrated law course at Amity Law School, GGSIPU. The thought of pursuing law as a profession, without any familial guidance, was both daunting and at the same time, exciting. As my college was based in Delhi, throughout the tenure of my course, I interned at various law offices practising diverse spheres of law after college hours. This developed my interest in the profession while giving me invaluable exposure to real practice outside of classrooms and an understanding of the legal profession in its practicality.
At the inspection of your career, you started working with the magic circle firm – Clifford Chance. What motivated you to shift your focus to active litigation and dispute resolution in India? How did this transition add a new dimension to your understanding of the law?
Around the time of my graduation in 2009, the global economic crisis was going on and the future seemed uncertain. In this background, opportunities and recruitment offers were few and far between. When I got an offer from Clifford Chance’s Indian office (now known as Clifford Chance Business Services) as a campus placement, I decided to take it up – even though it departed from my conventional choice of work –litigation and disputes. Working here provided an entirely new exposure where I was part of international transactions while interacting with top legal brains across the globe. Apart from the learnings in the field of law, this role helped me understand various global professional standards and work etiquette. After having honed my skills in this role for a year, I decided it was time to explore litigation & dispute resolution (my most preferred area of interest during my internships) and don robes!
In 2018, you established the Chambers of Mohit K. Mudgal. Could you share the story behind starting your independent practice?
During my formative years in litigation and dispute resolution, I was fortunate to come across offices that provided great mentorship, a wide array of work and ample opportunity.
From 2013-2018, I worked in Karanjawala and Co. where I gained invaluable exposure while advising and representing some of the biggest corporate houses and public figures. The issues involved in my work there ranged from complex high-value commercial disputes to matters of public importance being heard by constitutional benches of the Supreme Court. A large part of my work was briefing prominent senior advocates on complex issues which required one to be very thorough – not only with the brief but also with the law.
In 2018, I mustered the courage to venture into independent practice. Being a first-generation lawyer, the decision was not taken lightly. Having my practice felt like a calling to me, something I had wanted to do since day one. However, starting independent practice was like graduating all over again – the learning curve was steep and the hours were (and still are) long and exhausting. I was blessed to receive support from all corners – my previous employers, seniors at the bar, and even my peers. I am grateful for the trust bestowed upon me by these people in those initial years of independent practice.
As an expert in electricity laws, what challenges do you face in this niche area? How do you see the evolution of energy law in India in the coming years?
Electricity law is complex work that requires you to have a keen sector-specific expertise. It needs one to unlearn everything one knows about general legal principles and approach the field with a fresh perspective. The usual tricks of the trade do not always work in these forums, as the subject matter is very technical and the judges/ adjudicators are very clued in to these nuances. There is also a lack of organized dissemination of information when it comes to Electricity Laws. Some of senior lawyers provide
When I started electricity work in 2018, there were very few established names in this sector. However, the last 6 years, it has seen a mushrooming of both work and lawyers in these tribunals. Given the vision of the country towards electrification of rural India coupled with the transition to green energy from conventional sources, I believe that the sector shall continue to expand at a rapid and exponential pace over the next 10 – 15 years, at the very least.
Alongside your work, you are actively involved in providing legal aid to the needy. How important do you think pro bono work is in the legal profession, and how has it influenced your approach to justice and fairness?
I always tell my junior friends at the bar and my office – to be thankful for their privilege and what they’ve received, and always dedicate some time to those who can’t afford to pay for legal services. We make it a point to try and help every such person who knocks at my door and encourage the same in my office. It is a service to society and makes you a better lawyer and human being.
With the evolving legal landscape, what advice would you give to young lawyers and law students who aspire to excel in litigation and dispute resolution? What skills should they develop to succeed in today’s competitive environment?
While embracing technology in today’s time, the young lawyer can churn out results like never before and in record time. However, in this endeavour, it is paramount not to lose sight of the old-school ways of taking up the rigour and hard work to be well-read and researched. The gestation period in mainstream litigation is long and young lawyers should not give up easily or early. Do not look at others and yearn for more or feel like you’ve been dealt an unfair hand- the comparator is always yourself. You set your standards and those are the only markers you have to live up to.
As someone who has transitioned from a global law firm to running your practice, how do you approach mentorship within your team? What qualities do you look for in budding lawyers, and how do you help them develop their skills and careers?
Mentorship is one of the hardest and most rewarding aspects of this profession. It gives me immense pleasure to see my junior colleagues thriving and learning to problem-solve on their own.
Ownership and responsibility are something I always look for in budding lawyers. I always throw them in the deep end and give them all the tools and resources they need to do a good job, including guidance from me. I want their ambition and drive to be so high, and their performance so good, that they should be able to replace me on a brief. That is when I know I am doing a good job!
What qualities do you observe in current law graduates, and where do you think they might be lacking in skills?
Current law graduates are mostly worldly wise and confident. However, often this confidence is misplaced owing to the lack of the basic understanding and reading of the law. The practice of law is hard work and dedication which requires one to have immense patience and perseverance. This is a taxing profession and gets the best out of us. Unless we put in the hours, we can never reap the rewards.
Given the demanding nature of your work in litigation, arbitration, and mediation, how do you unwind and manage stress? Are there any particular hobbies or activities you enjoy that help you relax and maintain a work-life balance?
Music is a part of my daily routine which helps me unwind. I’m catching a live gig over most weekends given the time! I enjoy sports and am a fairly outdoorsy person. I particularly enjoy trekking, boxing, cricket, badminton and the occasional poker game!
Hello, and welcome to yet another episode of SuperLawyer YouTube channel. Today, we have with us esteemed advocate, Jose Abraham, who is Advocate on Record as well. And we are excited to hear his journey, who has authored five books alongside his booming practice and the kind of the connections he has built and the way he represents his clients. Thank you so much for joining us here. Hope you’ll enjoy the interview. Sir, let’s start with the very, very first question and an interesting one I would say that we want to hear your story from your school days till now, the kind of learnings, the kind of pivotal moments that you have gone through in the making of the Advocate on record and the author of five books, Jose Abraham, sir please.
First of all, Namaskaram to all the viewers of SuperLawyer, and I would like to sincerely thank SuperLawyer for giving me this wonderful opportunity to interact with all of you. The first question is about my journey, from my school days to today.
I am originally from a remote village in Kerala called Madampam, which is in the Kannur district. It’s a very remote area, and I attended a government school, which was a Malayalam-medium school. The reason I am mentioning this is because, nowadays, people might assume that one needs to come from an elite background or have a convent school education to succeed. So, I want to be honest and share my true background, as it might resonate with some of you and be of help.
Coming from a remote area and attending a regular school, I am also a first-generation lawyer. During my school years, I developed an interest in reading books and newspapers, which made me aware of the significant role played by the judiciary and the legal profession. This became my motivation, and by the time I was in the 9th and 10th standards, my aim was very clear: I wanted to enter the legal profession.
For my 11th and 12th grades, I chose humanities, and later pursued my law degree from Government Law College, Kozhikode, which is also in the northern part of Kerala. During my final years of law school, I considered preparing for the civil services. With that ambition, I moved to Delhi.
However, after a month of civil services coaching, I had a realization. I felt that if a lawyer has the potential to be a civil servant, then a lawyer can contribute even more effectively than a civil servant. This realization came to me very quickly, and I decided to focus on my legal career.
I began practicing at the Supreme Court, but I didn’t limit myself to just the Supreme Court. The office I joined handled cases from trial courts, high courts, and various tribunals in Delhi, which is a hub of legal opportunities. I took on cases in all these forums and even handled small matters, such as paying fines for traffic challans. These are cases where a lawyer might not even be necessary, but that’s how I started my journey.
Wow, sir! You knew your passion from childhood. It’s rare to meet someone who decides at such a young age what they want to become and actually achieves it. You’ve been an Advocate-On-Record for over 16 years now. How has the legal landscape in India evolved during this time, and what new challenges have you or your colleagues faced? With the rapid advancements in technology and the constant introduction of new laws, we’d love to hear your thoughts on these changes and how they have impacted the legal profession.
I would like to divide these 16 years of my practice into two periods: pre-COVID and post-COVID, because COVID has changed everything, including our legal profession. Yes, pre-COVID, there were challenges at that time as well. But after COVID, the whole system has changed. Of course, challenges remain, but I prefer to look at it from a positive perspective. New doors have opened for the legal fraternity.
Now, a lawyer sitting in a remote place like Rajasthan can attend matters in the trial court, the High Court, and even the Supreme Court, all thanks to COVID and advancements in technology. Nowadays, lawyers can manage multiple cases simultaneously, sitting in their chambers with several devices in front of them. That’s one of the greatest advantages COVID and technology have brought to us. It’s one of the most positive changes I’d like to highlight.
I also recognize that many law students or newly practicing lawyers might be listening. Virtual streaming is now available, and all courts are on YouTube or other specific platforms. I would like to request all young lawyers and law students: whenever you have time, please watch court proceedings. You can learn a lot by simply observing how things work.
During my initial days, we would go to court just to see how senior lawyers like Nariman Sir, Arjun Sir, and other legal luminaries addressed the court, persuaded judges, and secured favorable orders. Back then, to witness these events, we had to be present in the Supreme Court, and it was rare to see them in High Courts. Today, however, everyone can watch how the Supreme Court’s constitutional bench handles matters. You can see the top lawyers arguing various cases.
COVID has, in fact, given us many opportunities along with advancements in technology. There are numerous platforms now. For instance, SuperLawyer, which I believe is a more recent creation, is a result of technology. We are getting more opportunities, more platforms where we can interact and gain a wealth of knowledge. That’s what the present era offers us.
Sir, beautifully said. The SuperLawyer YouTube channel is a relatively recent addition, but SuperLawyer written interviews have been conducted for over a decade now. This has actually helped us transition to more video interviews, as people often feel more comfortable speaking on camera rather than writing their responses. So, it has been beneficial for us as well.
With that in mind, sir, I would first like to ask: how do you find the time to write such amazing books? One book, in particular, I’d like to discuss is Indians and Immigration Laws: Concerns and Remedies, which addresses the critical issue of migration in Indian society and explores the legal framework surrounding it. Could you elaborate on your thought process while writing this book and perhaps share some insights into the cases you’ve encountered related to Indian migration laws?
Yes, as a first-generation lawyer, to establish a successful practice, we need to do multiple things. One of these things is writing books, as it gives the impression that we may be an authority on a particular subject. That’s why many choose to author books. This helps us gain recognition within the legal fraternity.
I would advise participants and viewers to start writing whenever possible. You can begin by publishing articles in newspapers or journals—there are many available now. Take advantage of these opportunities as they can give you an edge and increase your visibility. Writing, especially authoring books, is one of the best ways to present yourself to your fraternity and potential clientele. It is essential for establishing a solid practice.
The first book I authored is on immigration. Immigration law may be a well-developed area in most developed countries, but in India, unfortunately, it is still underdeveloped. Very few lawyers focus on this area. I realized that this was an untapped field, so I decided to concentrate on it and write a book about it.
A large number of Indians migrate to foreign countries for jobs or studies, and this is covered under the Indian Immigration Act of 1983. There are laws and systems in place governing immigration, but the common person may not be aware of how the entire process works. I authored this book as a way to educate and empower ordinary people migrating abroad, particularly migrant laborers and domestic workers heading to the Middle East. Many of them face exploitation on multiple levels, such as fraudulent recruitment agencies, high fees, human trafficking, and bonded labor.
I wrote this book to help NGOs and society as a whole, particularly those working in the field of migration. It also addresses the broader issues surrounding the migration process. Many cases are now emerging in courts related to recruitment fraud and other issues. When something happens to an Indian citizen abroad, it is often the responsibility of the Indian Embassy to intervene and provide legal support. The high courts can also entertain petitions regarding the kind of legal assistance Indian missions and embassies are supposed to provide if they fail to do so.
What a beautiful area and as you rightly said that there are very few who are practicing this particular immigration laws in India. Outside India, especially developed countries, they have developed their own immigration system, which is more prominent.
Sir, given all of this and your connection with NGOs and you being the global president of Pravasi Legal Cell, what inspired you to establish this particular NGO? And what unique legal issues do you actually encounter while dealing with the cases that are related to NRIs?
In 2009, I was fortunate to have the opportunity to establish an NGO, Pravasi Legal Cell, aimed at providing legal assistance. I came to Delhi in 2007 to start my practice, and despite India being one country, the vast differences in languages and cultures across states made my initial years challenging, particularly as I am from the southern part of India. These early struggles inspired me to create an NGO that would offer pro bono legal aid to migrants, who often face similar challenges.
That’s how Pravasi Legal Cell was founded. Initially, we focused on providing legal support to migrants in Delhi. At the time, a significant portion of these migrants were nurses from Kerala, who were subject to severe exploitation. There was a bond system in the nursing field that was prevalent between 2009 and 2011. Even though the Constitution abolishes bonded labor and specific legislation exists to prevent it, the bond system persisted in the nursing sector. Nurses, after completing their education and joining a hospital, were forced to sign a bond that required them to work for the hospital for three to five years. If they broke the bond, they had to pay a hefty compensation, sometimes as high as five to seven lakhs.
In 2009, I filed a Public Interest Litigation (PIL) on behalf of one of these nurses. The Honorable Delhi High Court ruled that such bonded labor practices were not permissible in the nursing profession. The court directed the Nursing Council to issue proper guidelines and circulars to address this issue. Later, we filed another PIL in the Supreme Court, which led to a national resolution of the matter.
This case was one of the first significant issues Pravasi Legal Cell tackled. Afterward, we gradually expanded our reach to other countries. We started with the Middle East and now have offices in almost all major countries in the Middle East, Europe, and the U.S. Pravasi Legal Cell has established chapters worldwide, and our primary objective is to provide legal aid to those in need and to advocate for policy changes related to immigration.
What an accomplishment, sir! It’s truly amazing to hear about the changes you’ve brought forward. The kind of discrimination that was prevalent and the way you’ve addressed it is remarkable. I sincerely hope we have more dedicated individuals like you in this field, and that many more will follow. These changes are not only necessary but crucial for ensuring that India becomes one of the best countries on the global stage, both for work and immigration. This is something we constantly face, and addressing it is vital.
Sir, considering you’re also an avid writer, how do you view the intersection of education and law, particularly the teaching aspect? As the Chairman of Paideia Institute in Delhi, how do you feel legal education in India has improved? Is it paving the way for a better future, and how are we working to make it even more competitive on an international level?
What are your thoughts on ensuring that our legal education system becomes even more globally compatible than it was before?
Yes, I have seen a lot of changes and improvements in the legal education system over the last decade, especially with the establishment of national law schools in multiple locations. This has significantly enhanced the quality of legal education in India. During my own law graduation, a systematic education was lacking. There were many law colleges that existed only on paper, and by spending some money, anyone could obtain a law degree. I had heard about many such instances at that time.
However, as you rightly pointed out, the system has changed. Now, we can see a more structured approach to legal studies. Students who approach us for internships today are highly qualified. The standard of legal education has improved dramatically, thanks to various authorities, including the Bar Council of India and the State Bar Councils. Additionally, multiple orders from the Supreme Court have helped streamline legal education. Now, like IITs and IIMs, law schools are also offering campus placements, and bright students can secure high-paying jobs straight out of college.
This is a very encouraging scenario. I am also heading an institute called Paidiea Institute, where we provide extensive training focused on capacity building, particularly in areas like POCSO, POSH, and RTI. RTI is one area where we have done a lot of work in spreading awareness about the Right to Information Act. In fact, we filed a PIL before the Supreme Court last year, which led to an order directing all High Courts and state governments to establish online RTI portals. Now, citizens can file RTI applications online, making the process more accessible.
Paidiea Institute aims to provide training and capacity building to empower ordinary citizens.
What has your experience been like while practicing in the Supreme Court, the High Court of Kerala, and other High Courts? What differences have you observed in the legal processes? And what are the challenges between these two levels of the judiciary? There seems to be a misconception among people who don’t fully understand the legal system. They often feel scared or think the case could have been resolved earlier, without moving to the Supreme Court. It’s difficult to explain to clients why a case had to escalate to the Supreme Court. How do you handle such questions, and how do you ensure your clients are satisfied with the solutions you find for them?
In our legal system, we have multiple jurisdictions. At the district level, we have trial courts, at the state level, we have High Courts, and at the top, we have the Supreme Court. The skill set required to practice in these courts can differ significantly. For example, the skills needed in a trial court are different from those required in a High Court, and at the Supreme Court, it’s even more refined.
In the Supreme Court, especially on an admission day, the court may hear around 80 to 90 petitions in just three to four hours. A lawyer only gets two or three minutes to present a case, and within that time, the court decides whether to admit the case. This requires a very specific skill set to handle such cases at the admission level.
However, in a High Court, especially in its original jurisdiction, the process is not as fast-paced, and there is more room to present the case. So, yes, different courts require different skill sets. You also mentioned clients who question why a case wasn’t resolved at the first level itself, or why it had to move to the appellate level.
As lawyers, we can only do our part, but for various reasons, justice may not be achieved at the first instance. That’s why we have a robust legal system with appellate jurisdictions. If there has been a misunderstanding or misapplication of the law, we can seek correction from a higher court. This is the beauty of our legal system.
Yes, different platforms may require different skill sets, but my personal opinion is that it’s crucial to gain experience at the trial court level. The trial is the heart and soul of litigation, the foundation. If a lawyer can gain trial court experience early in their career, they will have a better understanding of the legal system—how to draft a plaint, how to file a complaint, how to conduct examinations and cross-examinations.
This trial experience makes the transition to practicing in the High Court or even the Supreme Court much easier. I’ve seen some very talented colleagues in the Supreme Court, but because they lack trial experience, they sometimes feel a sense of incompleteness. On the other hand, a lawyer who has trial court experience often carries a higher level of confidence. That has been my experience.
There are many aspirants for the AOR exam, but they often don’t know the right approach to prepare or understand the importance of being an Advocate on Record. We would request you to share some of the key details about the kind of preparation one should do, the resources they can use, and the strategies you followed that helped you become an Advocate on Record at such an early stage in your career.
An Advocate on Record (AOR) is a designation given by the Supreme Court, allowing the advocate to file matters before the Supreme Court. This designation is an added advantage for getting cases in the Supreme Court. Yes, clearing the AOR examination requires significant preparation and effort. The passing percentage is around 10 to 15%, which shows that it requires thorough preparation to succeed.
Most of the questions or syllabus for the AOR examination are related to the practical aspects of drafting, practice, procedure, and leading cases. These can be mastered through at least one year of practice in the Supreme Court, which will equip you with the skills needed to draft Special Leave Petitions (SLPs), Article 32 petitions, and transfer petitions before the Supreme Court.
The key to passing the AOR exam is developing practical skills rather than relying solely on theoretical knowledge. Understanding leading cases is also crucial, as it equips you to draft well-supported petitions with settled laws or authoritative pronouncements of the Supreme Court.
Additionally, knowledge of practice and procedure will inform you on when to file or approach the Supreme Court and how it handles matters under Article 136, Article 32 petitions, or even original jurisdiction cases. The Supreme Court can sometimes entertain original suits directly. These are all practical aspects of litigation in the Supreme Court.
A year of sincere preparation will certainly help in clearing the AOR examination. The Supreme Court’s website provides access to previous question papers, materials, and the syllabus for the exam. There is a dedicated AOR section with a separate link where all this information can be accessed. I believe even interviews and other helpful resources may be available on other websites or in similar repositories of information.
Now, I would like to move on and talk about work-life balance, which is such an important topic nowadays, especially when it comes to mental and physical health. How do you balance all of this with the kind of busy schedule you have with your cases? Is it just about hobbies and interests outside of law, or how do you make sure to carve out time for your family as well? I believe that’s one of the most important things, and we’d love to hear your perspective on it. Additionally, I’d like to ask about your views on mental health, especially for lawyers, as we are definitely under a lot of pressure.
That’s a very interesting and relevant question. A balanced life is essential for any professional. Of course, all of us aim to be successful lawyers, but at the same time, we should also strive to be successful fathers, sons, and brothers. A balanced life enables success in all areas—personal, professional, and community life.
You see, there are many “super lawyers” with wonderful practices, but some struggle to maintain their family relationships because they can’t make time for their loved ones. There are also lawyers who, by the time they reach 40 or 45, may have impressive careers but are physically weak due to neglecting their health. So yes, Divyaji, your question is very important. We must learn to balance our personal, private, and professional lives. Only then can we truly achieve success. There’s no point in sacrificing one for the other.
Regarding mental health, it is indeed a growing concern, even for young children. The COVID pandemic gave us opportunities but also challenges, especially with technology. The increase in screen time has reduced personal interactions, whether with family or friends. While technology has its advantages, we must use it wisely to maintain a balanced and successful life. A content and happy life, in essence.
Beautifully said, sir. Yes, screen time has definitely increased, and there are many perspectives we need to keep in check as the world, and India, continues to evolve. As a successful advocate, what advice would you give to first-generation lawyers who are just starting their practice? What kind of challenges do you think independent litigators face, and how can young lawyers stay motivated? Because often, we have a tendency to give up too early. You didn’t give up and made a name for yourself. Could you share your insights on that?
Divyaji, it’s always a bit uncomfortable to talk about oneself. And I don’t claim to be a “successful” lawyer, but as a student of law and someone who has been in this profession for 17 years, I can offer a few observations.
To succeed in this noble profession, certain skill sets are essential, and those can be developed through a committed and dedicated lifestyle. If you are sincere in your profession, it will reward you. Don’t worry if you’re a first-generation lawyer or come from a humble background. These factors don’t matter. A lot of young lawyers come from families with judges or senior lawyers, which may help them in the initial stages, but even for them, this profession requires continuous dedication, hard work, and commitment.
This is a wonderful profession. Every day brings new challenges—new cases, new judges, new legal issues. The legal system is constantly evolving, so we must update ourselves regularly. Being a successful lawyer requires a unique set of skills, including excellent communication, both in drafting and oral arguments. It’s important to learn how to draft effectively and argue convincingly.
Maintaining a good relationship with your clients is another key skill. There will be a lot of pressures—financial, familial, and emotional—but you must be able to manage these while staying focused. This profession, which deals with human issues like family matters and disputes, not only shapes us into successful professionals but also helps us become better human beings. That’s one of the most fulfilling aspects of being a lawyer.
Thank you, Divyaji, for giving me this opportunity to share my thoughts. You’ve asked all the right questions in such a way that I felt comfortable sharing my experiences. Thanks again.
Thank you so much for your humility and for agreeing to join us, sir. On behalf of the SuperLawyer team, Namrata, and myself, we sincerely thank you. You’ve shared your story so beautifully, even though we often hesitate to talk about our personal lives and motivations. I believe that those watching this video will learn so much from you—how to better themselves in life and in this profession. Once again, thank you for your time.
Thank you very much, Divyaji, for giving me this opportunity. You are doing such important work by supporting young professionals. Please keep it up. You’ll always have my support, and best wishes to all the participants. Thanks again.
Can you take us through the journey of how you started your legal career, from your early days at Maharishi Dayanand University to becoming a Partner at MV Kini Law Firm? What made you choose law as your career initially?
I come from a small city, and I completed my LLB from a small town as well, though Maharishi Dayanand University has always been considered a reputable institution for law courses. Growing up in a small town presents its own set of challenges. When I pursued my LLB, a career in law was typically seen as either practicing in district courts, securing a government job like ADA, or preparing for the judiciary. But I had bigger dreams — I wanted to move to Delhi and carve a different path for myself.
As a first-generation lawyer, I had to find my own way. The lack of proper resources and guidance, especially compared to those from metro cities, made things difficult for me. My journey began with working in an LPO (Legal Process Outsourcing), where I worked for a brief period. At the time, LPOs were booming.
After a year, I transitioned to the corporate sector, but I quickly realized it wasn’t where my passion lay. I’ve always been drawn to the courts, so I made the decision that for me, law meant “litigation,” and that’s what I truly wanted to pursue.
I eventually applied to my current firm, and after years of hard work and dedication, I am now a Partner here. However, the journey was far from easy — it wasn’t a bed of roses. What kept me going was my commitment to hard work, my dedication, and my unwavering love for the courts.
You’ve appeared before various legal forums, including the Supreme Court, High Court, and Arbitral Tribunals. Could you share the key differences in how cases are presented, argued, and decided across these different courts, and how you adapt your approach based on the forum you’re in?
Definitely, there is a difference in how we present and argue cases before different forums, such as Arbitral Tribunals, High Courts, and the Supreme Court. In my view, the key difference is that with each advancing stage, arguments become more concise.
For instance, when presenting a case before an Arbitral Tribunal, a counsel needs to lay out the case in as much detail as possible. Every relevant factual detail must be presented to the Tribunal without fail. However, when it comes to the High Court, the focus shifts to explaining why an award is flawed in law and how the challenge fits within the legal grounds or criteria.
Finally, when arguing before the Supreme Court, the presentation should be as brief and precise as possible. The synopsis of the Special Leave Petition (SLP) essentially encapsulates the entire case, and it should be drafted in a manner that allows the judge to grasp the case without needing to delve further.
As someone who is proficient in handling mainstream commercial litigation, what are some of the emerging challenges in this field, and how should legal professionals prepare to tackle them?
Nowadays, commercial dealings are centred around arbitration. Almost every contract agreement includes an arbitration clause, with one of the primary objectives being to secure a speedy remedy that avoids the procedural complexities of court proceedings. However, we are gradually drifting away from the advantages of arbitration. Arbitration proceedings are increasingly resembling court processes, as arbitral tribunals adopt similar procedures. In my view, this should not be the case. If arbitration starts functioning like a court, what is the point of having an arbitration clause?
I began handling arbitrations in 2010 and have attended almost hundreds of proceedings since then. The way arbitration was conducted back then was very different from how it is now. It was more party-friendly than compared to the current scenario. As a lawyer, one must continuously learn and be open to accepting changes, as the arbitration process evolves over time.
Your successful representation of NHAI in several landmark cases has set significant legal precedents. Could you share the key factors that contributed to your success in these cases?
For me, the key factor that helped me getting success in the cases is “to be focussed on the issue”. Just be thorough with the facts, updated on the law point and be very relevant in the arguments. I personally don’t believe in the length of arguments; I believe in the merits of arguments. For me “crisp and to the point” is the mantra.
Further, when it comes to arbitration/dispute resolution, law is getting stricter with regard to court’s interference so whenever an award is challenged, it’s very important to just focus on the key points of the case where courts can interfere rather just presenting a long history of case when courts can only deal with question of law. Further, I believe to give a right advice/opinion to my clients and do not encourage habitual litigation.
You’ve led litigation teams for several years. How important do you think mentorship is in the legal profession, and what role has it played in shaping your career? Do you actively mentor young advocates?
Mentorship is very important in every field. It gives a certain kind of confidence and motivation. I remember I was so naïve when I joined this profession. I have also had my own struggles of coming from a small city. So, I always try to make sure that young lawyers joining the firm get my support, mentorship. I believe in Teamwork.
Not every case ends in success. Can you share an experience where the outcome was not in your favor? How did you handle that, and what lessons did you take from it?
I have been representing government clients mostly and have been appearing on behalf of the government in very high-stakes and complex matters. I will not feel shy to say that success rate of government is less in comparison to private parties in commercial matters. So, I also have an experience of not getting the outcome in my favour. But what I have learnt is that our approach should be defend or fight for our client to a maximum level possible. In dispute resolution/Commercial litigation, specially in Arbitrations, outcome is not always in the form of black-and-white. For eg. defending a client and getting 5 out of 8 claims rejected is also a win to an extent. In the same way, getting an award of 100 crores out of the claimed amount of 150 crores, is also a win.
As a leader in your field, what is your vision for the future of arbitration and litigation in India? What reforms or changes do you believe are necessary to improve the efficiency of the legal process?
Without any doubt, future of litigation in India is commercial litigation. After acknowledging the need of developing a strong dispute resolution mechanism in India, amendments of 2015 and 2019 were made in Arbitration and Conciliation Act and Commercial Courts act was introduced. The way Commercial Courts Act has simplified the process of litigation in commercial disputes is commendable.
Arbitration has been a continuously growing filed. However, it comes with its own challenges which require to be addressed practically. First and foremost is regarding the cost involved in the arbitrations as arbitration these days has become a luxury litigation. In my view, 3 issues which require immediate attention are: Cost effectiveness, procedural simplification and impartiality.
As a female partner at a prestigious law firm, what challenges, if any, have you faced in the male-dominated legal industry, and how have you overcome them? What advice would you offer to women aspiring to reach leadership positions in law?
I have been lucky enough to not face any gender-based discrimination at my organisation. However, there is one challenge which I have always felt in this profession is Networking. A male lawyer can easily go out with clients, have a professional dinner (which many a times ends up getting more work) but a female lawyer has to consider many things before doing any such networking. So, even if we don’t face any man-made discrimination but some natural discriminations are there in our society.
My advice to young women lawyers is that just keep going, no matter how many struggles come in your way.
Given your extensive workload and responsibilities, how do you manage to balance your professional life with your personal life? What do you do to recharge and maintain a healthy balance?
Legal profession is a very demanding profession and there is no chance of negotiation. So, to balance it out with my personal life, I try to finish up my work by 7.30 pm and that’s only possible with proper planning. Though our profession is full of surprises when it comes to work but I try to plan everything which makes it possible for me to wrap up major portion of my work by 7.30 pm. Another thing is that I always prefer to reside near office area which helps me save travelling time.
When it comes to health, litigation lawyers unlike corporate lawyers remain physically active by walking entire day in court which is a benefit to us. I am not a gym or fitness enthusiast, but I try to do 30 mins brisk walk in my colony park. Whenever I get some more time, I try to do little bit of running. I have also successfully run Delhi Half Marathon (21 kms) twice.
Apart from physical health, mental health is equally important. Everybody can see your physical illness, but nobody sees your mental illness. And due to “work pressure” and for some “no work”, lawyers are more vulnerable to it. I am a mental health advocate and want to do something more concrete in this area to spread mental awareness.
Can you share what inspired you to pursue law, and how have your early experiences shaped your current practice and how the journey of your legal career began after graduating from Rajiv Gandhi National University of Law?
I had chosen the Science group in the Higher Secondary education and wanted to become doctor by profession, having inspired by a family friend excelling in Nureo Surgery. Choosing law as a career option was by chance with the constant support and guidance from my father and family who have been my pillar of strength and source for inspiration till date. My father happened to do law but chosen to become a Police officer in State services. Since I have had an immense interest in general knowledge and my family discussions generally revolved around current affairs, politics, history, I guess it had a silent part in helping me preparing for the NLU’s entrance exams. I was introduced to the study material of LST, Universal Publishers and GK books since many familiar acquaintances and seniors were studying in NLU’s and suggested to consider law as a career option. The 5 years B.A. LLB. NLU’s courses entrance examination was conducted separately, I appeared only for a few colleges having a proximity and comfort of my residence.
By the third year of law, I had decided to appear for the judicial examinations, so the inclination remained towards acquiring in depth knowledge of Civil and Criminal laws. After passing out, on basis of college merit, my profile was shortlisted for interview and led to appointment as Law clerk cum Research Assistant.
You’ve had an impressive journey from a Law-Clerk- Cum-Research Assistant to becoming an Advocate- On-Record at the Supreme Court of India. Could you share the key moments or decisions that guided your career towards this prestigious role?
In terms of exposure, the clerkship has opened wide horizons and given an entirely different take to observe, examine and analyse the nuanced approach employed to address the intricacies of law points from the bench side. In terms of the internships I did, they provided me with exposure, varied from a firm’s and/to a senior advocate’s perspective, so these experiences were different and rewarding for me and helped immensely and ignited a yearning in the initial years to pursue law as a profession.
After working with esteemed law firms and Senior Advocates, you transitioned to independent practice. What challenges did you face during this shift, and how did you overcome them?
I would say working with the law firm happened to be the best decision in terms of learning various branches of law and access right from trial courts to the Supreme Court of India, that has given a first-hand exposure to argue the matters before various forums and enabled me to brief the senior counsels for the matters.
While working at senior’s office, the approach was different, and it was predominantly assisting on the case briefs received by senior before the Supreme Court and various High Courts.
The Advocate-On-Record Examination is known for its rigor. How did you prepare for this exam, and what advice would you give to aspiring advocates aiming to take this path?
By the time I wanted to take up the AOR Examination, I had already started my practice before the Apex Court. Hence, was having fair amount of exposure towards the practice and procedure of the Supreme Court. Though, at present there is ample literature readily available for clearing the exam, it’s always advisable to undergo 1-year training period seriously with an AOR to gain knowledge and nuances in practice and procedure as this is one amongst the four subjects in the examination. Besides that, the three other papers being drafting, legal ethics and case laws must be prepared meticulously with focus on various intricate details.
How do you balance your work life between litigation and corporate advisory? Do you find one more fulfilling than the other, or do they complement each other in your practice?
While working with law firm, I had first-hand experience with drafting notices, due diligence for companies, handling and advising high-profile clients before DRT, BIFR, and CLB helped me in enhancing the skills of corporate advisory practice.
I would say, a delicate balance must be maintained between the two. I apparently enjoy both fields thoroughly and get a very fulfilling feel while employing the intricacies of one field in terms of execution and implementation in the other. As per me, a well-drafted advocate will have an upper hand in court crafting and presenting the case. Therefore, I find both complimenting each other.
As a partner at ABM Chambers, you head the Capital Markets, Compliances & Advisory division. Could you elaborate on the complexities involved in advising corporate clients, especially in dispute resolution?
Balancing the interest of various stakeholders in the corporate entity is a challenge in itself. For a corporate client, a dispute resolution usually requires taking a multifaceted approach, integrating the legal expertise with the understanding of the business needs. Evaluating the costs of various dispute resolution options and the potential benefits /damages both in terms of cost and time are key in a decision-making process. So, advising a corporate client, is a sum total of various factors before arriving at a decision.
Considering the diverse areas, you practice in, such as Constitutional Law and Corporate Advisory, did you pursue any specialized courses or training after your formal education to enhance your expertise? How important do you think continued legal education is for a successful legal career?
It is too individualistic; a different viewpoint always exists and can’t be generic. There is a sub-set, who secure jobs through PPO’s and pursue one field continuously, develop a domain knowledge and commend over that stream out of their extensive experience spanning the years due to exposure through handling a similar set of matters. However, this is solely dependent on individual knowledge, skill set, and extensive experience over discipline.
For me, it has been about the development of interest in capital market through continuous reading and being exposed to the field through my work with the law firm and my own investments that I had acquired over the years. While working, I have undertaken various assignments as to advising policy drafting for startup companies, MSME’s, advising them regularly with the ever changing legal and regulatory landscape, drafting and reviewing various sorts of agreements and contracts tailored for their need, keeping touch base with them and navigating the compliance aspects on regular basis.
Serving as a Panel Counsel for Railways and ONGC involves significant responsibility. What are some of the unique legal challenges you’ve encountered in these roles, and how have they contributed to your professional growth?
The issues that involve vast organization like ONGC and Railways are across the broad spectrum from Labour issues to contractual disputes. At an earlier stage in your career, working as a panel counsel for the PSU, you feel empowered and put to task in some of the complex legal issues. Because of the sheer volume of the work executed by these organizations, they invariably have to go through some legal impediments which from a legal perspective you cannot be exposed in any other organization, that to, at the formative stage of your career.
You practice before the Supreme Court of India, the High Court of Delhi, and Madras, as well as varioustribunals. How do you manage the differences in legal procedures and expectations across these jurisdictions?
I had a brief work experience with an established decade old law firm based out of Chennai, which has helped in shaping my career and always kept me grounded while balancing my professional needs along with keeping empathy with clients and their requirements. In fact, appearing before different High Courts has helped me in observing the approach of judges while dealing the original and appellate side matters in different light altogether and enabled me to learn the high courts practice and procedure and neck of arguing the matter.
As a partner at ABM Chambers, you are in a leadership position. How do you mentor young lawyers in your firm, and what qualities do you believe are essential for leadership in the legal profession?
I believe in integrity and honesty to undertake and complete the assignment with swiftness in a stipulated period. While dealing with any matter be it litigation or advisory, one should adhere to the laws, rules and regulations operating in the field to provide a holistic shape to it before drafting or presenting. I believe being a part of such a vibrant and dynamic field we grow, learn, unlearn and relearn altogether, depending on the needs and requirement. But what’s more important is to have a positive outlook and constant feedback from your circle is key to achieve the goal. Law as a field is quite extensive and has a luring capacity extending an invitation to all for a level field and fair play. It’s just a combination of hard and smart work any individual ready to put in and the rewards would be unique and manifold.
What inspired you to pursue a career in law, and how did your journey begin at the National Law Institute University, Bhopal?
I was always inspired by a desire to make a difference, always had an interest in justice and fairness, and a passion for resolving issues. It either had to be civil services or advocacy for me! Starting law school at NLIU Bhopal was an exciting experience. I was all set to tackle law and life. However, initially, it is like being hit by a whirlwind of confusion, trying to get a hang of things. Eventually, you get used to the law school life, make friends, and, ironic as it sounds, they end up becoming your partners in crime! By the end of your time at NLIU, you’ll emerge not only as a legal professional but also as a treasure trove of memorable experiences and friendships that will last a lifetime.
When you first began your career in litigation, what were some of the key challenges you faced, and how did you overcome them? Additionally, how has your approach to handling complex litigation evolved over the years, given your extensive experience across various legal domains?
In the early stages of my litigation career, one of the main challenges was adapting to the high-pressure environment of court proceedings and developing the ability to think quickly and strategically. Building my reputation and gaining trust in such a competitive field also took time and effort. I focused on learning procedural law, improving my courtroom skills, and seeking advice from my seniors and other experienced lawyers. Taking on smaller cases helped me build confidence and experience. Over the years, my approach to handling complex cases has become more strategic. With more experience, I now focus on aligning legal strategies with my client’s long-term goals, managing teams effectively, and navigating the complexities of challenging cases. My methods have evolved to be more thoughtful and aimed at achieving the best possible outcomes.
Working with prominent figures like Mr. Sumeet Pushkarna and Ms. Jyoti Mendiratta must have been enriching. What were some key learnings from these experiences?
Working with Mr. Sumeet Pushkarna and Ms. Jyoti Mendiratta was an incredible experience. These experiences were both, the founding and the building stones of my career in litigation. From Mr. Pushkarna, I learnt the importance of time and developed the ability to multitask. Working with him inculcated a sense of discipline and punctuality, which has helped me immensely in my professional life. Ms. Mendiratta, on the other hand, taught me the value of empathy and understanding in legal practice. She showed me how important it is to truly listen to clients and understand their concerns. Both of them emphasized the importance of maintaining integrity and professionalism in all aspects of the job. These lessons have been invaluable for me.
You handle a diverse range of cases, from civil and criminal matters to arbitration and consumer disputes. How do you manage such a broad spectrum, and what are the challenges and rewards of this diversity?
Juggling such a variety of cases is like running a legal marathon! It keeps my mind constantly engaged, and my days are anything but boring. The key is to stay organized and to keep learning. I make it a point to stay updated with the latest laws and rely on my network and colleagues for advice when things get challenging. The main challenge is balancing the demands of each type of case. Criminal cases can be quite urgent and intense, while arbitration involves more strategic thinking and patience. Despite the challenges, diversity is ultimately rewarding. It keeps me on my toes and allows me to help a wide range of clients, which I find not only satisfying but also fun. Each case teaches me something new and contributes to my growth as a lawyer.
Could you discuss a few notable cases you have worked on, particularly those involving public interest litigations or significant legal challenges?
One notable experience that stands out for me in my litigation career was my first-ever arbitration case, handed over to me by my senior. It was a complex dispute, and I had the opportunity to handle it from start to finish. The arbitration award was in our favor, which was a significant win for our client. What made this case particularly memorable was the recognition I received not just from the arbitrator but also from the opposing counsel, who appreciated my work.
What advice would you give to young lawyers entering the profession today? What key skills and attributes should they focus on developing?
My advice to young lawyers in a single line would be: Brace yourselves for a wild ride and keep a sense of humour handy. Jokes apart, I would advise young lawyers to never stop learning. The legal field is constantly evolving, so stay curious and keep up with the latest developments. Networking is crucial, too. Build relationships with colleagues and mentors, they’ll be invaluable throughout your career. Additionally, I would advise them to work on their communication and to be respectful, empathetic and resilient. The legal profession can be demanding and unpredictable and it is important to be able to bounce back from setbacks. Finally, keep your passion alive.
Outside of law, what are your personal interests or hobbies? How do these activities help you maintain a work-life balance?
Maintaining a work-life balance is of immense importance to me. I try not to bring my work back home and have a personal life beyond it. I usually turn to music and movies to unwind and enjoy catching up with my friends and family after work. These things help me maintain a work-life balance by providing a healthy distraction and keeping me refreshed. They remind me that there’s more to life than just work, which is essential for staying motivated and avoiding burnout.
Can you share your experiences with pro bono work? How do you choose the causes you support, and what impact do you hope to make through these efforts?
There’s something remarkably fulfilling about being able to help and give back to society. I would like to think that I try to do it to the best of my capabilities, not only legally but otherwise as well. I typically choose causes that resonate with me or where I feel I can make a positive difference, even if it’s small.
You have the unique experience of practicing in various courts, from District Courts to the High Court and the Supreme Court of India. How do the experience and approach differ when handling cases in these different judicial environments, and what insights can you share about the nuances of working at each level?
Practicing in various courts and fora has shown me just how varied the legal process can be at each level and how each level has its own approaches and challenges. It makes you understand the importance of learning both the procedural aspects and the strategic elements of legal practice. In District Courts, the focus is on gathering facts and building the groundwork of a case. In High Courts, you need to be able to present clear and persuasive arguments and dive deep into legal principles. At the Supreme Court, the focus shifts to bigger legal questions. Practicing at each level has taught me to be adaptable and helped me grow as a lawyer.
As an experienced advocate, how do you mentor junior lawyers and interns in your chamber? What are the key lessons you emphasize to them?
Mentoring junior lawyers and interns is as rewarding as it is demanding. It involves guiding them through the practicalities of legal practice, fostering their professional development, and instilling core values. I’m anyway more of a friendly colleague than a tough taskmaster to them. I give complete freedom to my junior associates to take up independent work. Allowing independence while maintaining a supportive framework helps junior lawyers and interns develop essential skills and confidence, preparing them for more significant responsibilities in their careers.
Can you share what initially inspired you to pursue a legal career and how this journey has shaped your professional philosophy?
My introduction to law happened in my 7th or 8th grade (around 2002) – my father was arguing a matter before the High Court – I knew nothing about what a Court is, what a lawyer does or for that matter, even what a Judge did. I was curious because I wanted to know what my dad did for a living.
It was a tax matter that he and his team were arguing – I didn’t quite understand the matter because I went on the 3rd day of their arguments, so a large part of the matter had been argued. But I understood the underlying transaction and the business model.
This pulled me into reading newspapers, especially the business section, to understand the changing aspects of the business environment, new technologies etc. I decided then, that science and aspects of science, are not my cup of tea and to pursue arts and commerce, which eventually led to law (clubbed with my very menial academic scores).
Studying for an examination and/or interviews has never been a strong suit of mine, so cracking anything in the first instance was out of the question – which is why, I liked the concept of doing something with ‘practice’ – I played cricket when I was in school and university (under-graduation and graduation), so I know the impact of practising before a game. I think of law the same way, where a Courtroom is a beautiful playground where there is an interpretation of something in black and white against the backdrop of the kind of businesses – law catches up with changing business experiences.
My philosophy for practising law is based on everyday practice and reading – there is no escaping hard work and long hours, no matter which generation relays this out – there is no denying that there needs to be a balance between work and life, but there will be many instances where work will take away many vacations and time away from life and family, so choose well.
Your academic credentials include a Master’s degree in Competition Law from Queen Mary University of London. How has this international education influenced your practice, and what value do you think global exposure brings to a lawyer’s career?
Interestingly, many seniors I spoke to during my law school days and the first two years of my practice, said a master’s degree in law was completely unnecessary to practice in Indian Courts. But 2 years into practice, I got so engrossed in work, with long hours and no breaks, and that was when I had a moment of realization that led me to think – I like working and the long hours, but the longer I stretch this out, the harder it will be to come out and become a full-time student with a lot of time on my hands.
I then decided to maybe take a couple of years when I could (luckily with no financial and other obligations), to study something I wanted and also, see a part of the world, meet different people across the world, understand different cultures, learn different business models, firm models etc. To this day, I value and cherish my period in London and the connections I made then.
I think a master’s degree abroad is good and valuable when you have a specific goal in mind – I wanted to study Competition Law (from an EU and UK perspective) and understand how the Magic / Silver Circle law firms work, how the ‘Chamber’ model works in the UK. Plus, I like driving and travelling, so there was no better place than the UK for me (even considering the cost, since it is significantly cheaper than the US).
You have a rich background in various areas of law, including Competition and Antitrust, Corporate and Commercial laws, Taxation etc. Could you share how you developed such a diverse expertise, and what drew you to specialize in these specific fields?
Antitrust was and continues to be my first love, I fell in love with it in law school because there is a very balanced economic approach to it. Unfortunately, I do not practice it as much as I would like, but I do keep up with its evolution.
The other intriguing area that is coming up and that has excited me for a while is data protection – especially, with the current growth of AI – it will be very fascinating to bring out a fine line between right and wrong, in this technologically advanced society.
Tax for me is a much-liked inheritance – having started with despising the area because of its complexities, my growth in law has been because of tax matters. I have over time, grown into and loved tax, with these same complexities it creates.
I think coming to like a subject/area in law, is intensely personal. I know lots of friends, who love doing original civil and criminal work since it gives them a different kind of joy – muddled in facts and evidence, interpretation of a different area of law and procedure daily etc. – different Courts of practice (original, appellate, quasi-judicial), city of practice etc. also make for a decision.
But if I were to specialise in a certain area, I’d give myself a good 5 years, before I can even begin to think that I have a hold on the subject.
Your firm, Shivadass & Shivadass (Law Chambers), is known for its work in Litigation (taxation, commercial etc.), Corporate Law etc. How do you approach building a specialized practice in these areas, and what advice would you give to young lawyers aspiring to excel in these fields?
Building a practice is convoluted. Some factors are beyond control (time, place, resources etc.), but quality of work and staying updated with the law is always within one’s control. Sometimes, a pragmatic approach towards the question of law and the transaction goes a long way in assisting both the Client and the Court.
I’ve also noticed that knowledge sharing by way of writing articles, and books, helps dissipate your point of view of a certain area or provision of law. This also gives people a chance to gauge their understanding of law and personality.
Unfortunately, building a practice takes a long time. But should lawyers choose to build a core practice, my advice would be to let your growth in that area be ‘organic’ – it will be more credible that way. Avoid instant marketing and instant gratification, because as a field, instant gratification in law tends to break you more than you would think.
Having worked with top law firms and the office of the Solicitor General of India, how did these experiences shape your perspective on the practice of law, and what key learnings have you carried forward into your own firm? Please share your experience.
For this question, I will consider my experience from both my internship and practice perspective – be it firms, companies or chambers (including the SG’s office).
You garner different perspectives of law when you either intern or work. Big law has never fascinated me much, but I’ve always wanted to learn how big law functions – administratively i.e., marketing, practice area development, quality of work and output, deadlines, team structure, management structure etc., as opposed to a chamber practice, where your quality is determined by your legal prowess and how you present the case before a Court – the marketing here, is your presentation and skills before a Court, which spreads more by way of word of mouth, often the older marketing tactic.
Having become a lawyer and spent nearly 12 years so far, I have now come to terms with what areas I want to specialise in and how I want to take this forward. Therefore, while driving this ethos for our ‘boutique firm’, I draw a fine balance between a law firm model and a chamber model. It’s been a great learning and there is so much more to learn – but I don’t shy away from making mistakes because, for me, mistakes are the only way to test your ideas.
As a trained Carnatic classical singer and a state-level cricket player, how do you balance your demanding legal career with your hobbies, and do you believe these interests contribute to your professional success?
I honestly wish I’d kept up with my singing and/or my cricketing abilities – to date, I feel I’ve spent more time on work and law than my hobbies, which is not a good sign. Frankly, having a passion/hobby outside of law is of real benefit.
While people do say that work is passion etc., I must admit, there are situations in my very small career, where reading books, musical therapy (be it in the form of listening to new music styles or immersing yourself in age-old classics) or catching a small practice game or tapping a few balls in the nets, helps clear your mind off negative energy, which tends to be a lot more in this industry.
We get stuck with trying to achieve a great deal, too soon, that we fail to realise that life as a lawyer is a test match (that ends on day 5 at 4.30 PM) and not a t-20 that ends in 3 hours. Teamwork and building a team (any team), is the fulcrum of any sport.
Music, on the other hand, brings out the creative energy and strength in a person, which helps in clear thinking and concentration. I often ignite my spiritual side with a little of MS Subbulakshmi and some Carnatic music daily, which then moves to some Indie-rock, classic rock etc. It also gives you a sense of calm in toxic situations and keeps your emotions in check.
This has helped me in various ways to keep that balance and I genuinely encourage everyone, not just lawyers, to have these hobbies (and just think of them as hobbies and not ‘side hustles’). This keeps you grounded.
With your extensive experience, what do you consider to be the most important skills or qualities that a lawyer should develop to succeed in litigation?
By default, every lawyer has to read – there is no escaping. You may have a team either giving their comments on an agreement or briefing you on a matter (post discussions with Clients) – but unless you pick up the draft or file to read and make your notes, it will never survive the quality you want to achieve and build a name for yourself. We have to read for life, so the sooner this realisation hits, the better. We must strive to constantly read, and there is enough for everyone who wishes to absorb. Reading also makes your life easy when drafting, presenting a case before Court or simply, comprehending a bulky file in a time-efficient manner.
The second skill is to use simple but effective words and learn the art of presentation and speaking. A lawyer should never have visible ‘stage fright’ – you may be shaking with fear within, but strong oratory skills and clarity of thought, take you a long way.
The third and rather important skill is to treat ‘time’ as a dear friend –‘time’ can make or break you. Usage of time effectively and efficiently is an art in itself and respecting time is another. We cannot strive to have a silk gown within 10 years of being an advocate and yet, not use 24 hours effectively and efficiently.
I take whatever pending work I have to Court, for instance – while waiting for a matter, I read up on new cases, correct opinions and other drafts and/or, watch proceedings and note down similar cases that are being argued, which can be used as a precedent for some of my cases. I trust the process and patiently wait for my time to shine, while choosing all along, to keep putting my head down and working.
You’ve been involved with a wide variety of matters across different forums / Courts. How do you navigate complexities of different matters across these forums?
A few years ago, I was in Court as part of a batch matter and the leading Senior Advocate on the matter was sitting beside me. Out of curiosity, I asked him, ‘Sir, do you think the matter will end today?’. He smiled, looked at me and said ‘Just remember, every matter has its fate and destiny’. I’ve come to realise that line today when on certain days, the Bench is with you and then flips completely the very next day. There are also situations, where you may be close to a disposal of a matter, but the matter never reaches and is not picked up for the next 6 – 8 months.
Amongst other things, which is reading the file (concrete factual aspects, the law and the application of law to facts), making your notes etc., some other things we keep in mind is the language of the Judge i.e., the Judge’s view on an area or subject of law, their insistence on procedure, decorum in Court, manner of presentation, grip and handle on the subject, etc.
We don’t realise it often, but Judges today are under the immense pressure of workload – it is never an easy task being a Judge; social media only brings out one side of it but there is a side that only arguing counsels know – on an average day, each Judge (of whatever position), works at least 16 – 18 hours. It is sometimes inhumane but that is the reality. If you keep this in mind, you know how to navigate in a Court viz., your facts, arguments and the law. Being always prepared is never a bad thing – 5 minutes is enough to turn a case around and get a positive order from the Courts.
Given your extensive experience, what advice would you offer to young legal professionals aspiring to become litigating lawyers?
I know this will be hard for many to read – but give litigation a chance. I do understand that the hard work and long hours with menial pay are not as attractive as the fancy pay and lifestyle of big law or a corporate law firm – but if one can push themselves, there isn’t a place to be at, other than a Court. The money, name/fame, and adoration, that you receive from Judges, peers etc., is unmatched.
The second is to never take a file/matter, lightly – even if it is just for an adjournment/Passover or the fact that it is ‘just a matter at consumer court’ or ‘just a civil court hearing’. Every matter, of whatever nature, is absolutely important to your credibility as a litigator.
Third – find a mentor; a mentor who is willing to take risks with you, a mentor who not only guides you but allows you to fail and learn, a mentor who gives you opportunities. Unfortunately, such mentors may not be in a position to pay you much – but, when you have such opportunities, you can create your own brand, perhaps even get some of your cases to cover up the balance in terms of pay.
Hello and welcome to another episode of Super Lawyer. Today, we have with us esteemed advocate Vishal Khattar, who is the founder of Patine Law Offices in New Delhi. He is also the Additional Advocate General for the State of Haryana at the Supreme Court of India. Welcome, sir, to our episode. Thank you for accepting our invitation and for being here.
Let’s start our journey of questions and answers in a more conversational manner. Sir, I would like to begin with a very basic question. When you decided to become a lawyer, how was that journey? What kind of challenges did you encounter when you started focusing on this career for yourself?
Just a small correction: the office goes by the name of Patine Law Offices. Now, I understand it’s a unique name. I attended a school where the alumni are called Patines, so out of dedication and affection for my school, I decided to name the office after it.
I’ve been a debater throughout my time in school and college, participating in several debates and declamation competitions. I earned some good distinctions and ranks in those competitions. As a result, one day, my principal—Mr. BBS Pathania, a great man—told me, “You will become a good lawyer.” However, being from a small town, the challenge was that I scored high marks in my matriculation exams, and since I was among the top students in the state at that time, my father’s expectations shifted. He wanted me to become a doctor.
I was a medical student in school, but despite my best efforts, I couldn’t make it to medical college. There were three colleges in my city, Rohtak: one for B. Pharmacy, one for MBA, and one for law. To avoid wasting a year, I applied to all three. When I didn’t get into medical college, I was accepted into all three of these institutions. Initially, I planned to pursue an MBA, but after discussing it with my principal, who advised me to go to law school, I decided to study law. He assured me that I wouldn’t regret the decision, and I believe he was absolutely right.
So, I chose to study law because I had an interest in it from the beginning, and it turned out well. I completed my five-year law degree at Maharshi Dayanand University in Rohtak. From my third year, I started interning in Delhi, and since then, I’ve been working here.
Sir, it definitely worked out for you. It seems the path was paved by your faculty, but you’ve made a huge name for yourself.
I was fortunate to be taught and guided by such learned teachers, my professors, and lecturers. I frequently visit my college to mentor students. They often ask, “Vishal, why don’t you come here more often?” I jokingly reply, “It’s because of all the extra blessings you’ve given me that I’m so busy. If you reduce your blessings, I’ll start coming more often.”
I did my final-year internship with a very good organization—sometimes called the most preferred employer in the world—General Electric (GE). They have a finance division here called GE Countrywide, and after my internship, they offered me a job. At that time, it was quite rare for my college to receive such offers, so it was a big deal.
In fact, it was the first campus placement offer received by our department. I joined GE as a legal analyst, though it was a contractual position. During one of the court proceedings, I was noticed by a professional who referred me to ICICI Bank. Early in my career, I joined ICICI Bank as the State Head Legal for Punjab and Chandigarh.
I gained experience with corporates, working at ICICI Bank and later with Tata Capital, where I was responsible for their North India legal operations. However, I never intended to pursue a lifelong career in the corporate sector, so I eventually decided to return to practice.
Sir, with such a trajectory in your career, when did you decide to start Patine Law Offices? What was the inspiration behind its establishment? What exactly sets it apart from others in the legal landscape? Additionally, if possible, we would request you to share some of the challenges and successes you’ve encountered.
See, If I talk about motivation, it always comes when there is a loophole in the system that you want to fill or a need in the industry. In the legal fraternity, we don’t use words like ‘market’ or ‘industry,’ but obviously, the driving and limiting factors are the same. However, I always believe in focusing on the positive aspects. There were good things happening, and we were part of those good things. So, we wanted to start something good on our own. It’s time that we should get independent. I should get independent.
So, we decided to start Patine Law Offices. The name ‘Patine’ and the email ID for Patine Law Offices were things I had already created during my final year. It was clear in my mind that every lawyer wants to be independent. We were just waiting for the right time, when we had some clients who could entrust us with work.
We started Patine Law Offices with a small 300 square foot office. Slowly, we have been able to serve clients from both corporate and non-corporate. We have a reasonable number of practice cases from non-corporate clients, as well as from corporates. In the corporate sector, we are involved in finance, banking, Fintech, and then also in the automobile industry. We have some e-commerce clients, and now we’ve started working in FMCG as well. Being a first-generation lawyer, I had to hustle for every client and for every bit of learning.
About six months ago, we started some operations in the UAE as well. We’re working for two clients in Dubai—one is a Fintech client, and the other is in renewable energy. So, we’ve started working for them as well. Every benchmark we’ve reached has been a story of hustle for us.
But I believe every first-generation lawyer has to go through that. You have to keep learning, reading, and seeking references every time. You’ll face rejections because clients tend to go for big names. This is a trend in our industry.
It’s like when you want to go for a bypass surgery, you’ll always ask who’s the best doctor. No one asks for a doctor who’s available; they want the best. The same principle applies to some extent in our profession—clients want big lawyers. But you have to find those who can trust you.
We were fortunate to find some clients who trusted us. Some corporate officers who had worked with me at that time knew how I performed, and somehow, things worked out.
So, sir, given this fact, you are holding currently, a very esteemed office of being an Additional Advocate General for the state of Haryana, at the Supreme Court of India, which in itself is one of the very prestigious things.
We would request you to shed some light on this particular role and the insights related to the responsibilities and how do you face the challenges, what kind of things do you do over there because that also will become an aspiration for learners as well.
For a litigation lawyer, it’s a very important milestone to have the opportunity at some point in their career to work for a public undertaking or the government.
When we talk about government panels or government cases, the documents, orders, laws, working methods, protocols, and hierarchy—these are things you can only learn when you start working for them. Like any other litigation lawyer, I was also looking for such opportunities.
So, when this position was advertised, I applied for it. I was fortunate enough to be appointed as one of the nine Additional Advocates General (AGs) for Haryana. My role involves handling cases in the Supreme Court.
So in these cases, in government work, there is a well-organized structure. Duties are well-defined, protocols are clear, and there is a very detailed bureaucratic structure. The protocols, documents, and their implementation are all clearly laid out. This makes it a great learning experience for any litigation lawyer working on a panel. Every case comes with its own challenges.
Sometimes, students or juniors who are close to us ask very genuine questions. They often ask, ‘What is the main challenge? How long will it take for me to become a good lawyer? How long will it take to become an independent lawyer?’ I remember something I learned from a senior at the Delhi High Court.
When I used to sit in the canteen, feeling worried, he would come up to me. Once, I remember discussing my concerns with him. He asked me, ‘What happened? You look very upset. What’s on your mind?’ It was 5:30 p.m. at the Delhi High Court. I told him, ‘I’ve been working so hard for two years, and though I’m earning, it’s not what I hear from seniors—about getting many cases, high fees, and having a good office.
He told me, ‘Look, our legal profession is not like an aircraft; it’s like a train. In a train, you have to stay on track. There’s no provision for overtaking. If you try to overtake, you’ll have an accident. There’s no going faster than your schedule, because if you do, you risk an accident. And if you slow down, someone will hit you from behind. All you can do is stay on time and keep moving. This is how a train operates, and this is how our profession works too.
Every day, you need to start at the same time, reach the courts on time, meet your clients properly, meet your deadlines, and do your research timely. If there’s a new law coming in, give extra time to study it. You need to keep improving. If you follow this schedule, just like a train, that’s how you’ll succeed in this profession.
And believe me,’ he said, ‘believe me, Khattar, every station will come. If you stay on track, you’ll reach every station.’ From this, I understood that perseverance is essential in this profession. You need to be consistent, regular, sincere, and disciplined. Whatever benchmarks are set for any professional lawyer, you will achieve them.
You know, my first mentor in Delhi was a Special Public Prosecutor. He used to speak to me in Punjabi and would say, ‘Khattar, you should know how to work, and then you should get work too. So these are the raw standard things we have learned from our seniors.
Absolutely beautiful standards and tried-and-tested tracks. The way they have taught you— ‘Kaam aana bhi chahiye aur kaam milna bhi chahiye’—is an absolute gem. Even running like a train is fascinating. But sir, you were ready to accept that as well, which is very important when someone is teaching or guiding you.
You took it as a challenge to follow this, and I believe that has probably been a key factor in your success. Sir, with all of this in mind and knowing that you specialize in constitutional law, what kind of thought process do you observe in the current generation? Since you encounter many individuals joining you as interns or juniors, how do you guide, train, or mentor them to contribute meaningfully to legal reforms and societal progress, particularly through constitutional law matters?”
Over time, as we began receiving more work related to commercial and marketing law, our main focus shifted to handling contractual and commercial cases—what we often refer to as ‘bread and butter.’ However, constitutional law has always been my favorite subject.
Whenever we receive a brief involving a constitutional issue or aspect, I make sure to keep that brief on my table and not delegate it to anyone else. This is a very good question and one of my favorite topics of discussion with new joiners in my firm. This perspective is something I learned from one of the great mentors I had.
He once quoted some lines from the Bhagavad Gita, telling me, ‘You are part of a bigger system. This bigger system means you are contributing to something larger.’ Let’s consider it in a straightforward way: A person whose rights have been infringed—whether by a family member, a government agency, or a private company—is unable to get what he rightfully deserves. He goes to a lawyer, and what does the lawyer do? The lawyer ensures that his case is presented correctly before the judge, and that justice is delivered to him. And not just justice, but meaningful justice—justice that is also executable.
As they say, justice should not only be done; it should also be seen to be done. So, justice shouldn’t only be on paper. This is what a lawyer does for such a person. If society is suffering from injustice, it is you who are ensuring, through your professional advice and service, that justice is imparted.
When justice is imparted, it restores balance. A society only survives and sustains itself when balance is maintained. Without balance, society will not survive for long; it will become chaotic. Therefore, young lawyers must understand that you are not entering this profession solely for its glamour or money.
You are not entering this profession just to become a good advocate. You must also realize that you are becoming part of a bigger system, and you will contribute to maintaining balance in society. The key to that balance, in this country, is our Constitution. You need to have trust in our Constitution.
You need to have trust in your country. Cursing the Constitution or the country won’t help. What helps society is having trust in the Constitution. The best thing the Indian Constitution provides is balance in society.
For the weaker sections of society, it strengthens them. For those who wish to speak for themselves, it empowers them. For those with different opinions, it empowers them as well. For state authorities and bodies that wish to work, it gives duties to the citizens toward those authorities.
It is a balance: you have rights, and you have duties. So, trust the Constitution. If you are able to work on and win some constitutional cases in the form of writs or public interest litigations, and make a difference through the orders you obtain from these petitions, you will be performing your duties in a more meaningful way.
Unlike many other constitutions that focus primarily on rights without emphasizing duties, ours strikes a balance. I may be wrong, sir, but that’s my understanding of our Constitution. The passion you’ve shown is overwhelming for me, especially when you discuss these matters with young lawyers. They also need to connect with societal progress as you do, giving back to society.
Sir, how do you involve or engage young lawyers, and how do you advise them on handling cross-border litigation or cross-border cases? Since you are involved in many domestic and international cases, I’m sure there must be some learnings that differ from how we work in India compared to how international entities operate in the legal field.
What insights or learnings would you like to share with the learners?
One thing I always make clear to anyone joining my firm is that you’ve entered a profession where, mark my words, the hard work required is extraordinary. When I say extraordinary, it is extraordinary. So if you want to run away, run away now, because you will never like yourself to be a kind of lawyer, wherein you will be spoiling cases of your clients, or him suffering losses because of your mistakes.
You might recall the recent NEET issue where memes were circulating about doctors who graduated that year making such mistakes. You don’t want to become that kind of lawyer. So, the first thing I make them realize is that today is your first day, and this is your first file.
There is no point keeping them busy for another year, just doing research, so that by the time they are in actual practice, they’re 28 or 29 years old and considering switching careers to pursue an MBA or GMAT. No, the only practice that we do here is different from other firms, and I have been a junior in many other firms also, so we allocate cases on day one only.
If not the entire case, then at least a part of it, so they have something to work on right from the start. Every day, you’ll find all my associates attending court, either virtually or physically, carrying the files. We are a pure litigation firm.
Another thing that I felt was missing in my previous experience with firms is the lack of interactive sessions. My associates expect me, as their mentor, to guide them on how a case should be handled. While I can’t do every time, I make sure that every seven to ten days, or every two weeks, we sit down together. I pick up one case or a specific issue, and we all gather in the conference room. I then explain the case, discuss how it’s being handled, and how it should be handled, along with some standard rules of drafting, pleading, and convincing—essentially, how these cases should be done.
Sometimes, I do this on an individual basis as well. This kind of one-on-one teaching and interactive session was missing during my junior ship at other firms. I always felt that if I’m working with a successful lawyer, I should benefit fully from their experience, rather than just being impressed by their performance.
So that’s what we are doing. And one thing we’ve noticed across all litigation firms is the new kinds of assignments we’re receiving. Corporates have now started thinking that since we are the lawyers handling their cases in court, where their agreements, contracts, and other documents are being interpreted by the honorable courts, we should be the ones drafting those agreements as well.
I believe it was around six years ago when we received an assignment from one of our leading passenger car manufacturers. They asked us to come to their office in Pune, stating that the redrafting of their agreement had to be done there. We were surprised because such assignments typically don’t come to us; they usually go to specialized drafting lawyers. But they explained that what needs to be included or excluded in the agreement is something we only learn in court. Since we’re the ones who defend and argue these points in court, they felt we should be the ones drafting the agreements as well. So, we conducted a two-day workshop and began the drafting process.
Now, this has become an additional task for my associates, who, while primarily focused on litigation, are also learning the art of drafting contracts.
And believe me, with both drafting and litigation coming under one banner, the outcome will likely be fewer litigations in the future. If you have a well-crafted agreement, it leads to fewer disputes, which will directly and positively impact the health of businesses in the country. This approach will also help reduce the burden on the courts.
As a small, first-generation law firm, we are committed to this idea. I believe there isn’t a single associate in our firm who doesn’t have a client assigned to them. Each associate handles at least one client, either independently or as part of a team of two to three people.
Wow! Sir. You are such an amazing law firm and the strategy is so good. Actually, the thing which you are talking about is absolutely innovative and it will rise to a standard where there will be lesser litigations related to it. You being so busy with all of these commitments, professional, and obviously your office commitment, then being an AAG as well is a bigger commitment.
How do you recharge yourself or unwind yourself from this kind of commitment centric approach? And are there any hobbies or activities which you keep on doing with your law office as well? Because obviously everyone is going through some of the other stress for sure. So how do you unwind yourself?
What kind of activities do you follow?
The way our schedule is, ma’am, this is a tricky question to ask a lawyer. Most of us might tell you that we play golf, but honestly, we don’t even have time for that. Let me share an incident I learned from one of my principal associates, Vandana. That day, someone was accompanying me, and I had a sudden change in the timing of a meeting.
I was back from court and was supposed to meet someone at 12:30 PM. The meeting got rescheduled to 2:00 PM, and this associate of mine was with me. When she returned, she was asked, “What does he do when sir’s meeting gets postponed by an hour?” She replied, “He goes to Connaught Place, takes a full round on foot, and buys some books.” The person then asked, “What happened? Why do you ask?” She said, “He took me with him, and we went walking for a full round.”
So, that’s what I do. If a meeting gets delayed and I have some time, I go to Connaught Place, take a full round, and visit some bookshops. It’s also a learning experience for young lawyers.
Read as much as possible. You never know when a topic will come up, and if you’re well-read, you’ll be ready with a response. The more confidently and content-rich you respond, the more it adds to your personality as a lawyer. The more books you read, the better you’ll evolve in your career.
In my free time, I read books. I still prefer older authors—I’m yet to be impressed by any new ones—and I hardly get any time. Although I have plans for the future, I’m not sure if they’ll happen. The best way to cool your mind and relax is to meet some friends at the High Court lobby and talk about this and that. After some time, we’ll end up talking about our children and how they’re growing up.
Other than that, we mostly talk about watches and pens.
Absolutely amazing and honest answer from your side.Yes, reading should be a favorite pastime for everyone. It’s a very new thing that everyone talks about everything around books. But if all of us will start sharing those wisdoms as well, it will help the people who work with us, although we talk about it, but somehow the books are not there in hands and I feel like that is something which I see only in High Courts and Supreme Courts that all our learned friends, they definitely carry books now. Earlier also it was the reality and now also.
Sir, given this particular inclination towards books and you’re always interested in reading and finding new books, many a times juniors or the new entrants, they have this particular point that we do not have this much to invest in this. How should we go ahead and do it? Sir, I would request you to answer this because we all have gone through this particular phase where we do not have enough to immediately buy so many books.
So how can we garner that particular reading habit? Probably you will be able to guide us through that as well.
When I started reading, I was in school and had access to a library. Later on, I realized that I could ask the librarian for a book I had heard about, even though there was no Google at that time.
All the new books’ information used to get published in Hindustan Times usually on the second or third page. I would tell my librarian about the book I wanted, and he advised me to write an application to the principal requesting it. When I went to university, I had access to a much larger library.
Then I began studying international law, but there wasn’t enough material in the central library at my university. So, I started coming to Delhi. I would take a bus from Rohtak to Delhi or a train that dropped me at Tilak Bridge, and from there, I would walk to the Indian Society of International Law (ISIL), which has an excellent library for international law. I also had friends who helped me access the Indian Law Institute (ILI) library. Delhi has some great libraries, and although books can be quite expensive, libraries are invaluable resources.
You know, if you start buying 10 books, for example, I can read around 10 books over a period of one to three months, it can cost around 3,500 to 4,000 rupees, which is not feasible for a young lawyer. We have WhatsApp groups, so why don’t we have a system for sharing books? My daughter does it.
I’ve noticed that my daughter, even though she’s a growing teen and doesn’t share everything with me, but I’ve seen that she shares books with her friends. Though there is an old saying, my father used to tell me in Punjabi: One who lends the book is a fool.
The one who returns that book is an even bigger fool. So, if you truly want books to be your friends, you have to follow one rule. I can’t recall the author’s name, but he once said, ‘Before buying a new coat, buy a new book.’ I think youngsters should understand this old-fashioned diversion of funds. If they grasp its importance, it will significantly benefit their careers. Especially considering those Gen Z slangs—they’re getting into them, and I wonder where these slangs will be useful. God bless them all
Books offer a profound way to understand the art of storytelling and the essence of contentment. They teach you how to balance a paragraph, a line, and how to learn from experiences that took place thousands of kilometers away from where you live. When you choose an author with the skill of storytelling, you can feel those experiences as if you were there. You can realize that this is so much richer than the 10- or 20-second reels or shorts we often watch, which are only made perfect after 20 or 30 retakes, right?
And the beauty of learning a language can bring so much. You’ve learned the language, you bought all the beads and threads from the market, and you made a necklace out of it. This is how a book is written. The author or the writer learns the language, gains experience, and talks to people. You know, writers are a different kind of species.
So they do wonderful things, beautiful things. If you get to see that beauty in a book, then let it imbibed inside you. Tomorrow, you will start performing more effectively because of those books. This proves the saying: before buying a new coat, buy a new book.
Sir, this brings me to ask you about your views related to technology. How is it helping us and our future grow in terms of legal practice considering everyone is skeptical about the disruption that technology has brought in. It has reduced our reading time and everything about technology’s impact on us is questioned.
How do you see it affecting legal practice as well? And what kind of future do you foresee that may help us grow? How do you get acquainted with technology better?
As far as litigation and other allied services in the legal industry are concerned, we have tried most of the technologies, including ChatGPT and research tools, as well as references provided by some companies. However, I have yet to find a satisfactory solution. I share this opinion with many of my friends and colleagues as well.
We have yet to find a truly helpful technology that would effectively bring about or disrupt this industry. The reason, I believe, is that a more humanely touch is required in handling matters and preparing briefs. Initially, when we started using ChatGPT, we realized that the volume and number of contracts processed even in a particular region are so vast that even an AI might fail. The main issue is that if you cannot properly customize a contract for a client, it is of no use. Even one small mistake can turn the entire agreement into a disaster.
The same goes for drafting your cases as well. So when it comes to technology, particularly the technology that is often discussed, I believe the real game changer is yet to come, if it is coming at all in the future. I have spoken to many AI lawyers and some AI experts, and it seems the transformative impact is still awaited. The good thing is that we started using resources like Manu Patra and SCC since college.
This paperless approach, which has emerged, has significantly reduced the burden of maintaining a law office. My office is almost paperless. As for law reporters, the new generation of lawyers never really used physical law reporters or books. Our fathers, who were not lawyers, had different practices.
So we never inherited those practices from them. The only difference I now see is that when we used to do research from books, we often ended up reading something extra as well. However, if a new associate or lawyer adapts to this modern method of research and also does extra research in their free time, these tools like Manu Patra, SCC, and other websites are very nice, well-organized, and their search functions are excellent. They are also widely accepted in courts. Technology helps everyone—it helps you, it helps me. We saw during the COVID days how technology kept the courts functioning. Now, we take all our briefs on our iPads and tablets, and we have many software tools that help us with note-taking.
As a practice, we often hold a pencil rather than a pen. But one thing, I don’t know why sometimes I think if, in another four or five years, when the next junior associates come to us, they might call me old school. However, believe we should not leave the habit to write, read, and read randomly also, anything.
Somehow, I have this belief in my mind that if you are using technology, you should not leave the habit of writing. Whenever a client comes, we take notes, we have journals. Even today I keep a journal in my own handwriting. So new lawyers who are joining this profession or are very much new to this profession should know, do not lose the habit of writing.
Do not lose the habit of reading and do not lose the habit of maintaining a file also if it is required. Let technology grow. I believe that tomorrow it can help us even more because today it’s only partly helping us.
Thank you, sir, for taking us back to that era of reading, writing, and taking journals. Sir, we are already towards almost the end of the interview.
We would request you, sir, to share some of your insights that you believe are essential for the new entrants or the interns who are seeking opportunities at Patine Law offices as well as others. And if you could share some insights as well about characteristics or attributes that you prioritize while selecting or taking the candidates to join your team.
One thing I always tell them is that lately, as you’ve also noticed, a lot of law colleges have emerged. I don’t know whether I should say this or not, but if you look at the quality of teaching, it has declined in these law colleges. You need to inform a law student about what the profession will look like so that they can start preparing themselves accordingly.
Students will come to us after completing 12 internships, and then I would ask them 10 questions, but they cannot answer 11 of them. The reason is that the idea being circulated to these students is that they need to do an internship at a prestigious place, but they are not asked what they have actually learned. Whenever I ask, they just say they’ve done an internship with this or that judge.
So what did you learn? They never used to tell us anything. If you don’t have anything to share, don’t include it on your resume. The first question I ask anyone applying to my firm is, How much did you score in your matriculation exams? Now, people will tell me, even my daughter, why marks are important? But they are important. It’s not that the subjects of matriculation and 12th grade are important.
What’s important is whether you were able to work hard and move forward. The academic performance you show us will help us understand if you can perform when given an assignment or not. A student who scored 65 percent in 10th grade but achieved 75 percent in 12th grade is more impressive to me than a student who scored 90 percent both times, because it shows that the student was able to improve and turn things around.
This is what he will be doing in this profession as well—interacting with police officers, district-level judges, high court judges, bureaucrats, and public prosecutors. He should not, however, say that he can only communicate with certain types of people and not others.
All students should understand that academics are very important. The second thing is that you need to work on both your written and spoken language skills. This is a profession where you cannot compromise at all. When I say language, I mean both Hindi and English. When you are talking about working in North India, you cannot compromise by saying I don’t know how to read Hindi Just because you learned in a convent. We have been taught by ex-army and navy officers. But one thing we know is that every language has its own glory and you have to learn it. Even today, there will be many drafts which will be coming across which will be in Hindi. So you cannot come tomorrow and say, I want an English version of it.
This is how I make the assessment for any associate or a young student who is applying for an internship or a job with our firm. I want this message to go to all young students: stop saying academies do not matter. The people who are motivating you on Instagram or those featured in shows like Shark Tank are often from IITs and IIMs.
You are law students, and IITs and IIMs are often the first choices for many. If you are starting in this profession, remember that it requires extraordinary hard work. You have to read extensively, work diligently, and be consistent. You also need to take care of both your mental and physical health. If you can manage all this, you are entering one of the world’s most wonderful professions.
From any point of view—whether it’s learning, building confidence, or earning—this is the best profession you can be in. The only condition is that the hard work required will be extraordinary. There is no compromise. It’s a railway track: you cannot overtake it or jump over it
Thank you for such an honest opinion and a beautiful enriching experience we have had so much learning today. Thank you, sir, once again, for being here and accepting our invitation at SuperLawyer I hope our learners will understand the critical importance of you saying all these things that you can not only depend on online learning, you have to get into the field and you have to be like railways where you cannot jump and race.
You just have to be on time and keep on moving. That’s the best possible advice you can get. Thank you so much, sir. Thank you once again.
A very warm welcome to everyone! The SuperLawyers team is back with another enriching and informative session. Today, we are thrilled to introduce our guest, Mr. Avinash B. Amarnath. Thank you so much for accepting our invitation. Avinash sir is currently a Partner in the Competition and Disputes team at Chandhiok & Mahajan Advocates and Solicitors. He leads the firm’s Hyderabad office and South India disputes practice, specializing in advising clients on complex competition law and dispute matters.
A very warm welcome from the entire SuperLawyers team.
Thank you. It’s a pleasure to be here.
Sir, after a decade of commendable excellence in the legal profession, could you share with us why you chose law? Was it a calling, or a conscious decision from the start?
For me, law has always been part of the family. My father is a practicing lawyer, and my mother, though not a practicing lawyer, is a law graduate. However, law was never imposed on me—I had the freedom to choose. I would say it was a conscious decision. Honestly, I chose law almost by a process of elimination. I didn’t want to pursue science, and I had a choice between commerce and law. Law seemed intriguing, especially because I had an interest in humanities during school. I felt that studying law would allow me to explore subjects like political science, which is why I chose it.
That was concise and insightful. Moving on, you’ve been working in the corporate sector for years now. What keeps you going in this environment? Do you have any particular routine or professional discipline that you follow?
So, I think the first thing I would say is that the routine that works for me may not work for everyone. My first piece of general advice is that everyone has to find their own routine. However, a few tips I’ve noticed that generally help include sleeping early, waking up early, and avoiding screen time.
You’ll find that you actually have a lot more time in the day than you think, especially if you follow these guidelines. It’s also very important, particularly in this stressful corporate culture, to prioritize your family and yourself.
One of the best pieces of advice I received as a young lawyer was from someone who used to run a law firm. This advice has stuck with me for a long time, and I try to follow it: no matter how much work you have or how tight the deadlines, always dedicate three to four hours to the following things:
Spending time with your family.
Engaging in physical exercise.
Pursuing any personal hobbies.
Guard this time scrupulously and strictly. This is what I try to follow to maintain discipline. Of course, the most important thing in this is that, the corporate culture demands flexibility.
So, while this is a routine, it often gets broken, and you have to be innovative. For example, I travel a lot, and when I do, some of this strict routine gets disrupted. But you have to be innovative and find alternatives.
If I’ve been traveling too much, I make sure to completely reserve that weekend for my family. Even when I’m traveling, I try to fit in quick 10 to 15-minute exercises in the morning. This is something I’ve realized over time. It took me 10 years to figure out this routine, so it will take time. As I mentioned at the beginning, this works for me; it may not work for someone else. The idea is to find your own routine and what makes you tick.
Thank you, sir. I’m sure we all recognize the importance of limiting screen time and balancing various aspects of life, especially in such a high-pressure environment. This wisdom is particularly valuable for those of us just starting out. Let’s move on to our next question: Dispute resolution involves a lot of strategizing and planning. How did you develop your flair in this area, and how much do you enjoy it?
Absolutely. I was fortunate to have very good mentors and guides when I started in the profession. The most important thing in litigation, especially in strategizing and planning, is paying attention to detail. One of the first things I was told very early on is to read the entire file—whatever it is, even if it’s a small transfer petition matter.
Even if the matter is just getting adjourned, I was still told to read the file as thoroughly as possible, front to back. This habit, ingrained in me from the beginning, made me realize that sometimes, the more you read and reread, new things come to light that you wouldn’t have noticed before.
This attention to detail really helps in planning and strategizing. When a client first approaches you, they provide a broad perspective, often their own, which may not be reflected in the documents. So limiting yourself to just what the client says isn’t sufficient. You need to verify their perspective by examining the documents. As I mentioned, the devil is in the details.
This practice slowly developed my flair for this work. The more I read, the more confident I became with the case, and the better I could strategize. It’s a process of evolution, right? As a young lawyer, your role is often limited to knowing the facts well. If you have a strategy, great, but usually, you’re expected to have a solid understanding of the facts, along with thorough legal research.
As you grow older in the profession, you start engaging in actual strategizing. It’s like a game of chess—you make a move and see how it plays out. Sometimes it works, sometimes it doesn’t. When it doesn’t, you go back, regroup, and try a new move. It’s a constant game of chess, and I enjoy that.
Strategizing and planning, especially in litigation, is like sports. It’s not always going to be a perfect victory on the first try. There will be setbacks, but what’s important is to focus on the long-term goal—for both the client and yourself—and work towards that in the best way possible. You may lose some small battles, but the idea is to win the war, not every single battle. That’s how I approach and enjoy it.
You have been involved in a lot of high-profile cases. That has received media attention. And we all know how media attention can turn both ways. It can celebrate you one day. It can suddenly criticize you unnecessarily the other day. How do you keep calm in these specific high-profile matters where really high stakes are involved?
I think I’ve been a bit fortunate because I haven’t had to face intense media pressure directly. However, there were instances where difficult questions were asked, and I received calls from media houses seeking comments on a very contentious case. In such situations, we were strictly instructed by the client not to make any comments.
Generally, in cases, I always try to focus solely on the case itself and block out any external noise, as I call it—whatever is happening outside. I believe that in high-profile cases, it’s even more important to understand that your role is limited to being a lawyer in that case and not to worry about the repercussions or consequences. Your job is to provide the best strategy, whether it’s a defense or prosecution, and offer the best advice to your client. The outcome is not in your hands, nor is what people make of it or think about it. You have to let it go. In one word, you need to develop a thick skin and ignore what the media is saying.
Moving on to the next question, your academic excellence at King’s College is truly commendable. As someone who has studied both in India and abroad, how was your law school experience different there compared to India?
I should start by saying that my law school experience was 10 years ago, so I’m sure things have changed in India since then. However, back then, my experience in India was that law education was still heavily focused on rote learning and less on application. When I studied abroad, that was the biggest difference I noticed.
The way classes were conducted there was different. Typically, in India, you come to class, open the book, and learn the concept then and there. But there, the structure was different—you were given a set of reading material before class, and you were expected to read it on your own. This might also be because it was a master’s course, so there was an assumption that most people already had a basic understanding of the law. Still, I really liked that system. You do your reading at home, and when you come to class, you’re taking the discussion to the next level. You’re applying the knowledge you’ve already gained to difficult questions or discussing specific, controversial, or complex topics in more detail.
Even the exams were different. The questions were mostly problem-based, requiring you to apply what you’ve learned and provide solutions, rather than just reproducing information. This was a significant difference for me. Another major difference was the encouragement from the faculty to have and express opinions. They would encourage students to form their own opinions and make it clear that there is no right or wrong answer, as long as you can back it up with solid logic. They might challenge your logic if they disagreed, but if you could defend your position, they respected that. This openness and application-based learning were aspects I truly enjoyed at King’s College.
That was very interesting. I’m sure law schools in India are also starting to embrace these changes, though we still have a long way to go in fully adopting application-based learning. How did this experience shape your legal perceptions once you returned to India and began practicing?
To be honest, it was partly that education, but also working with some lawyers here who were educated abroad, that really changed my entire perspective on law.
In most subjects in India, let me take law or even medicine as an example—you’re often considered a good doctor if you can quickly prescribe the right treatment. Similarly, the expectation for lawyers in India is that you should know every section and answer legal problems on the spot, complete with section numbers and details. However, I realized that’s not what practicing law is really about, nor is it what makes a good lawyer.
It’s impractical for a lawyer to know every single law by heart, especially given the vast range of knowledge required. What’s important, and what changed my perspective, is knowing how to read and interpret the law. When presented with a problem, you should be able to identify the relevant subject, pick up the relevant law—perhaps one you’ve never read before—and immediately apply yourself to it. You should be able to analyze the law and argue points based on the definitions and sections. The focus should not be on merely retaining knowledge, but on how to use that knowledge effectively and strategize.
So, in that sense, my approach to practicing law changed completely. I no longer stress about remembering every detail; instead, I focus on how to strategize and apply the knowledge that’s available in front of me.
How to read the law is such an application-based concept, which we should all imbibe no matter whether or not our colleges and our educational setups are telling that. We can definitely make it a practice. Thank you so much, sir.
Talking on these lines, sir, how do you balance this personal life with professional commitments, any hobbies or any passion, or interests, that keeps you lively?
As I mentioned earlier, I think it’s important to revisit the discipline points we discussed because maintaining those habits helps me balance professional and personal life. I want to touch on hobbies, but something else just came to mind. When you’re at work and you get a call from home, you might answer, but usually, even if you do, you say, “I’ll call you back, I’m at work.” I believe the key is to give that same level of importance when you’re at home, spending time with family, or doing something personal. There will be emergencies, and sometimes you genuinely need to take a call and work, and I completely understand that. However, more often than not, if someone calls you, even if it’s from work or a client, you can tell them, “I’ll call you back.” It’s important to give the same respect to your personal time as you do to your work time. If someone calls you while you’re with your family, it’s okay to tell them, “I’ll call you back in a bit.”
Now, regarding hobbies, I’ve always been a sports fan, particularly passionate about cricket, especially test cricket. When I’m not working, I’m usually either following cricket, trying to play wherever I can, or discussing it with everyone I know. One of the things I love about sports is how it parallels what we do as lawyers, especially in court. It’s like a game of chess, similar to sports where you constantly see strategies and counter-strategies. I find that very appealing, so I try to follow and play sports as much as possible.
Moving on, how would you compare the corporate work culture in law firms versus the litigation culture in chambers? If you had to choose between the two, which would you prefer based on your experience? Could you elaborate on that?
Sure. Both have their pros and cons, and I’ll explain my preference based on my personal reasons. I found litigation chamber work more appealing, but I think the ideal scenario is to combine the best aspects of both, which I see happening, especially in our firm.
In corporate work culture, one of the pros is that you are more directly in touch with the client, which gives you a very different understanding. In corporate and commercial law, there’s a legal position and a commercial reality. For a client, especially a company or a business, the end goal is that commercial reality—whether they’re trying to make or save money or achieve some other goal. The legal position may not always support that goal, so the challenge is to find an alternative or a middle path that satisfies that goal while staying within the confines of the law. In pure litigation chambers, responses can be more black-and-white: “This can be done, this cannot be done.” But in a corporate law firm, you develop the art of finding solutions, saying, “This strictly cannot be done, but we can explore this alternative.” That’s crucial as a commercial lawyer—you have to be solution-oriented, not just give yes or no answers.
Another advantage of law firms is that you get more time to work on a particular case. In litigation chambers, files often come to you the day before a hearing, leaving you little time to fully understand the case. In a law firm, you might work on the same case for two to three months, allowing you to interact with the client, get all the necessary clarifications, and build a strong strategy.
On the downside, one con of law firms, and this varies, is that sometimes there’s too much focus on presentation—form over substance. A document might look very polished, but if the substance isn’t strong, it shouldn’t pass the test. Another con is the lack of court time—you don’t get to go to court every day, maybe once a week or a few times a month.
In litigation chambers, the focus is primarily on the substance because you don’t have time to worry about presentation. The emphasis is on points of law, developing legal arguments, and finding and interpreting judgments. In a litigation chamber, you’re expected to read judgments thoroughly, knowing both the points that favor you and those that don’t. Plus, being in court every day is a significant advantage.
However, a con of litigation chambers is the lack of time to fully apply yourself to a file, as you would in a law firm.
At Chandhiok & Mahajan, especially within the disputes team, we’re trying to combine the best of both worlds. We don’t just recommend briefing senior counsel for every matter; we’re happy to argue cases ourselves, which gives us the litigation chamber experience while also benefiting from the client interaction typical of a law firm. We try to push for this as much as possible, although it’s ultimately the client’s preference.
So, to sum up my long-winded answer, I would say that combining the best of both worlds would be my ideal scenario.
Thank you, sir. Talking about work and everything, first of all, since you have been involved with dispute resolution and you so beautifully summarize the entire strategizing process as a game of chess, how do you think the new ADR mechanisms, such as the mediation bill, will impact India’s ADR structure in the coming years?
I think we’ve all realized that with arbitration, certain mistakes were made as a system, which is why it hasn’t worked the way people had hoped. The main issues were delays and court interference. If we don’t repeat those mistakes with mediation, I believe it could be very effective—perhaps even more so than arbitration. The reason is that mediation is fundamentally based on the consent of the parties. In arbitration, you consent to having a decision made by someone outside the court, but in mediation, you consent to the substance of the settlement itself. This significantly reduces the scope for court interference.
I think we’ve got a great opportunity now, and rightly so, the government is pushing mediation as a preferred form of ADR. However, we must be cautious and learn from our past mistakes. Firstly, we need to minimize court interference. Secondly, it all comes down to the will of the parties involved. Sometimes, as litigation lawyers, we see ADR as just another method to delay things. Everyone might agree to mediation, but they might not take it seriously. The mindset often is, “Okay, it will go into mediation and take another six months.” If that’s the approach, it won’t work.
So, perhaps some level of court interference could help. Currently, once a case enters mediation, courts are very hands-off, and extensions are given when requested. I think courts should perhaps ask for interim reports on how the mediation is progressing. If the court feels it’s not working out, it might be better to pull out of mediation rather than prolong an unnecessary process.
I genuinely hope mediation works, but it will come down to addressing these challenges and the will of the parties involved.
Understood, sir. You’ve highlighted several important aspects, and it’s crucial to exercise caution as we move forward with the mediation bill and act, as you mentioned, to avoid repeating the same mistakes and to hope for a better structure. Sir, this next question is from young lawyers and law aspirants who are in the early stages of their careers. As someone who has emphasized the importance of strategizing, what advice would you give to those who are struggling to find a strategy in the initial phase of their legal careers?
I would say, keep it simple. Sometimes, people tend to project law as more complicated than it really is. So the first thing I would say is, don’t worry—it’s not rocket science. I often tell my colleagues that people who work in science and innovation require a much more complex skill set. Law, at its core, is a social science; it’s human-related.
One of the key aspects to understand is that it’s a lot about psychological insight, especially for litigation lawyers. Of course, you need to know the substance of your matter, but it’s equally important to understand who you’re talking to and where they are coming from—not just the judge, but also your client. This is something we focus on extensively in our sessions. One of the most important things to remember is that the client is ultimately a human being with certain considerations. Understanding what the client wants and the pressures they are under can make things a lot easier.
The only other piece of advice I would offer is that young lawyers today are much more aware of their rights, which is a very good thing. They demand work-life balance, recognizing it as a right rather than a luxury, and they are comfortable with technology, which makes them efficient. However, I would advise them to occasionally go back to being old school. With technology, you might miss out on important details, and those details are crucial. So, use technology to your advantage, but don’t forget the importance of manually double-checking and thoroughly reading every document. It’s sometimes good to be old-fashioned in this regard.
If you’re feeling confused about your career path, I’d say there are many opportunities in law now, so don’t be afraid to try different things. Coming out of law school, it’s impossible to be clear about what you want to do because you don’t get enough exposure. Internships can help, but they don’t provide the full picture. So, try out different things—corporate law, litigation, clerking, media reporting—everything. Don’t think it’s too late to make changes. There’s plenty of time to find your niche.
Sir, the way you’ve elaborated on this point, particularly the notion that coming out of law school doesn’t always equip you with the decision-making skills needed to know exactly what you want to do, is a relief to many of us who are just starting out in our careers. We also appreciate the emphasis you’ve placed on planning and the balance you’ve achieved at your firm. So, what are your long-term plans in terms of your personal trajectory in this profession, as well as your plans for your firm?
I was working in Delhi until two years ago, and most of my career has been based there. For both professional and personal reasons, I saw a unique opportunity to come to Hyderabad and set up an office. I believe Hyderabad has a lot of untapped potential, and the proposition we’re building here is unique. We’re aiming to run an entire South India disputes practice out of Hyderabad.
We faced several challenges initially, especially when virtual hearings weren’t common, as travel could be quite a problem. But thanks to the initiatives taken by the current Chief Justice of India, high courts are now hybrid, which really helps us manage matters. For district courts, we sometimes have to rely on local counsel, but overall, it’s a very unique proposition, and I’m enjoying the roles we’re building here.
My immediate goal is to continue developing this practice into what we envisioned—a comprehensive South India disputes practice. In the long term, I plan to continue in litigation, with a particular focus on competition law. I don’t see myself leaving competition law, as it’s a specialization I consciously chose early in my career. Eventually, I hope to argue more matters in court and continue doing interesting work.
Your insights have been amazing today. Once again, thank you so much from the entire team of LawSikho and SuperLawyers. We are sure that with the wealth of practical experience and tips, which you have given us today, we have benefited all the young ones.
Can you share the journey of your career from starting your practice at the District and Sessions Court in Dehradun in 2008 to becoming the President of the Youth Bar Association of India?
I got an opportunity to join the Office of Mr. TS Bindra, Advocate in Dehradun, who is having a flourishing practice. His hard work and devotion to the profession is tremendous. I have seen him working as “One Man Army” nay to say, dealing with clients, and then settling the petitions, doing research work i.e. finding the case-laws and finally arguing the matter before the Hon’ble Court. Furthermore, working at the grassroots level i.e. the original side taught me invaluable lessons in legal practice, ethics, and the importance of diligence in serving as a legal practitioner.
During my early years, I handled a diverse range of cases, which provided me with practical experience and a deeper understanding of the complexities of the law. This period was crucial in shaping my foundational skills as a lawyer and instilling in me a passion for justice and advocacy.
As I progressed in my career, I became increasingly involved in various legal forums and associations. These experiences expanded my professional network and fuelled my interest in addressing broader issues within the legal community. I recognised the need to empower young lawyers and advocate for their rights and professional development.
When I started practising on the criminal side, obtaining a copy of FIR was a very troublesome and difficult task. However, it was readily made available to influential lawyers and even the litigants were suggested to engage said lawyers. Poor litigants, having no option, were constrained to engage and pay a hefty amount to such lawyers, in the guise of professional fees. I found the situation to be vulnerable. Apart from this, I noticed that the young lawyers have very limited say and their ideas and voice were throttled. I have seen my friends losing hope in this profession, due to lack of proper guidance and support at the initial stage of practice. That was the moment, which prompted me to have an Association of Young Advocates.
Finally, they discussed the idea with some of my seniors, who mocked it but at the same time, few appreciated this idea. I must mention the names of Mr. Saurabh Pandey, Mr. Nirpendra Singh Rautela, Ms. Anjali Chauhan, Mr. Gaurav Pandey and Mr. Lovekesh Choudary. Ultimately, we got the Society registered under the name of Youth Bar Association of India (in short YBAI) to create a platform to support young lawyers across the country. Serving as President of YBAI has been a privilege and a responsibility that I cherish deeply.
It has allowed me to contribute to initiatives that promote legal education, advocate for reforms beneficial to the legal fraternity, and foster a sense of community among young lawyers. We have conducted various webinars and Virtual Summer School on Mediation, which are available on the YouTube Page.
My journey from starting at the District and Sessions Court in Dehradun to leading YBAI has been marked by continuous learning, dedication to service, and a commitment to advancing the interests of young lawyers in India. I am grateful for the opportunities I’ve had and look forward to continuing to make a positive impact in the legal profession.
What inspired you to pursue a career in law, and how has your father’s influence shaped your legal practice and career choices?
I was inspired to pursue a career in law due to a deep-seated passion for justice and a desire to make a meaningful impact in people’s lives. Growing up, I witnessed firsthand the dedication and integrity with which my father practiced law. His commitment to upholding justice and serving his clients ethically left a profound impression on me.
My father namely S. Bhupendra Singh, had worked in the original civil side at the grass-root level i.e. the District Court. Later in the year 2001, after the creation of the State of Uttarakhand, he got an opportunity to serve as a “Standing Counsel” for the Govt. of Uttarakhand, which he continued for almost 10 years. My father is a first-generation lawyer, who comes from a very humble background. He started his journey with a lot of struggles for sustainability. My mother passed way, leaving the responsibility to me and my younger sibling (Dr. Jaspreet Kaur); I was just 2 years of age. We have spent a considerable long time, in rented accommodation. I have witnessed my father carrying bulky files. Sometimes he has to wait at the taxi stand, as travelling in a sharing cab is cost-effective. His hard work and dedication taught me, the value of money and being humble. At the same time, what is more powerful to learn from him, is he never opted for short cuts and unethical ways. His continuous study and determination still influences me. His influence has been instrumental in shaping my legal practice and career choices. He instilled in me the importance of empathy, integrity, and diligence in every aspect of legal work. His guidance has taught me to approach each case with a holistic perspective, considering not just the legal nuances but also the human aspects involved.
Moreover, seeing my father’s dedication to his clients has motivated me to strive for excellence in my legal career. His mentorship has been invaluable in helping me navigate challenges and make informed decisions that align with ethical standards and the pursuit of justice.
Your wife, Harsheen Anand, played a significant role in the formation of the Youth Bar Association of India (YBAI). Can you elaborate on how her contributions have influenced your professional journey?
She is a vigilant person and more educated than me. Though she has done a Masters in Law, she is currently practicing as a Chartered Accountant. She helped us to give a legal entity to YBAI, which we got registered under the Societies Registration Act. She actively participates in the affairs of YBAI.
I feel, I have been unfair to her, because where both the parents are working, either one has to compromise in terms of career; as the responsibility of kids is fastened upon them. In our case, she has groomed and nurtured the kids more than me, for which I shall always remain indebted to her. However, now, I used to devote my maximum time to the kids. It’s a mesmerising feeling. I have started living my childhood with my kids.
Was practicing independently the choice you made from the beginning of your career, or was there a specific theory or reason behind your decision to establish an independent legal practice? Can you share the thought process and motivation behind this decision?
I must mention here about my appearance at the Supreme Court. I got my first independent case but frankly, the law point involved was not much impressive. However, while discussing the matter with my senior colleagues, particularly Mr. Nagendra Singh Ji, I was made to learn the basics of legal practice, nay ‘not to be judgmental’, as the work of an Advocate is to put forward the grief and facts of the litigant before the Court, which alone has the jurisdiction and competence to decide the same. With the able guidance of my senior colleagues, I prepared the matter and I was made to understand by Mr. Nagendra Singh Ji that he will argue the matter. I still remember it was a cheque bounce matter (U/s. 138 NI Act), the transfer of which was sought from Kolkatta (West Bengal) to Pithoragrah (Uttarakhand). The matter was listed before the Bench of Hon. Justice Altamas Kabir, one of the most humble Judges, who later became CJI. After reaching the court premises, I called Mr. Nagendra Singh Ji, who asked me to argue the matter, as he intended that I must confront the Court. There I was guided by another senior colleague Mr. Rabir Singh Kundu, a very eminent lawyer. Ultimately, I got a favourable order. From that point of time, I made up my mind, to establish my independent legal practice. But at the same time, I got loosely associated with my seniors.
Initially, I joined the chamber of Mr. Jitendra Mohan Sharma Ji, Senior Advocate, with whom I am still associated. He is a most humble person and there is a lot to learn from him. I have worked with and briefed various legal luminaries. When I joined the Supreme Court, Mr. Ram Jethmalani Ji was the President of SCBA and I had attended various legal conferences and programs with him. Age was just the number for him. He was bold and dynamic. His arguments in some cases are tremendous.
Anyways, establishing an independent legal practice was a deliberate choice that evolved throughout my career, influenced by both personal aspirations and professional considerations. From the beginning, I was drawn to the idea of having the autonomy to shape my legal career.
Early in my career, while gaining experience at the District and Sessions Court in Dehradun, I recognized the value of independence in providing legal services that align with my ethical principles. This firsthand experience solidified my belief that establishing an independent practice would allow me to best fulfil my commitment to advocating for justice and serving the needs of litigants effectively. Moreover, the decision was also driven by a desire to contribute to the legal profession in a meaningful way. By founding my practice, I aimed to create a platform where I could apply my expertise, engage in diverse legal matters, and foster a supportive environment for both, clients and colleagues.
Ultimately, the thought process behind establishing an independent legal practice was rooted in the belief that it would afford me the flexibility to pursue my passion for law while upholding the highest standards of integrity and professionalism.
What motivated you to take up the leadership role in the Youth Bar Association of India, and what initiatives have you introduced to support young legal professionals? Please share some insights in your role as a president and your contributions.
As I mentioned earlier, the situation for young, budding advocates has been quite disheartening. There was a lack of mechanisms to address their challenges or offer them the necessary support. Young lawyers often became easy targets for exploitation—they were given inadequate guidance and then reprimanded for unintentional mistakes. Despite being hardworking, many young advocates face discouragement at various levels due to a lack of procedural understanding. What they truly need is a proper mentor to guide them on the right path.
One of the first significant achievements of the Youth Bar Association of India (YBAI) was obtaining a directive that mandated the uploading of every FIR on the police website. This directive can be found in AIR 2016 SC 4136 or 2016 (9) SCC 473, “Youth Bar Association of India versus Union of India and Others.”
YBAI also organized its First National Conference, which was graced by many legal luminaries, including Mr. Soli Sorabji. The Chief Guest was Hon’ble Justice Ranjan Gogoi, the then Chief Justice of India, and the conference was moderated by Senior Advocate Ms. Aishwarya Bhati. The event was a resounding success.
I was motivated to take up the leadership role at YBAI out of a deep commitment to empower and support young legal professionals across India. Recognizing the challenges young lawyers face in their careers, I felt compelled to create a platform where they could thrive, receive mentorship, and advocate for their rights.
As President of YBAI, I introduced several initiatives aimed at enriching the professional lives of young legal professionals. One of our key initiatives is providing educational workshops and seminars to enhance their legal skills and knowledge. These sessions cover a wide range of topics, including legal research, advocacy techniques, and career development strategies. Additionally, we have established mentorship programs where experienced lawyers guide and support young members, helping them navigate the challenges and opportunities within the legal profession. This mentorship not only fosters personal growth but also strengthens our legal community by passing on invaluable insights and experiences.
Another important aspect of my role has been advocating for policy reforms that benefit young lawyers. We actively engage with policymakers to address issues such as access to legal education, professional development opportunities, and equitable representation within the legal system.
Moreover, I have worked to create networking opportunities through conferences, forums, and social events, enabling young lawyers to connect with peers and mentors from diverse legal backgrounds.
We also conducted a Virtual Summer School on the topic of Mediation during the COVID-19 pandemic to ensure that the process of learning continued. All the sessions are available on the YBAI’s YouTube and Facebook pages.
Serving as President of YBAI has been both a privilege and a responsibility that I approach with dedication and enthusiasm. My goal is to continue expanding our initiatives, advocating for the rights of young legal professionals, and fostering a supportive community that empowers the next generation of lawyers in India.
With your vast experience, can you share some insights on the evolution of arbitration law in India and how new lawyers can prepare for the future of these fields?
With the evolution of civil and arbitration law in India, we’ve witnessed significant advancements that have reshaped the legal landscape and opened new opportunities for young lawyers. Civil law has undergone reforms aimed at expediting judicial processes, enhancing access to justice, and promoting alternative dispute resolution mechanisms like arbitration.
Arbitration, in particular, has seen substantial growth as a preferred method for resolving commercial disputes. The enactment of the Arbitration and Conciliation Act, along with amendments to streamline procedures and enforceability of arbitral awards, has bolstered its credibility and efficiency. This evolution reflects a broader trend towards a more robust legal framework that supports both domestic and international arbitration.
For new lawyers aspiring to excel in these fields, preparation involves several key strategies:
Developing a solid understanding of civil procedure codes, arbitration laws, and recent judicial precedents is crucial. Keeping abreast of legal updates and participating in relevant training programs or workshops can provide essential insights.
Actively seeking opportunities to gain hands-on experience through internships, clerkships, or apprenticeships with experienced practitioners in civil litigation or arbitration firms is invaluable. Practical exposure helps bridge the gap between theoretical knowledge and real-world application.
Embracing legal technology tools for research, case management, and document review is becoming increasingly important. Familiarity with e-filing systems and digital evidence management enhances efficiency and client service in civil litigation and arbitration proceedings.
Effective communication, negotiation, and client management skills are essential for success in these fields. Building a professional network through bar associations, legal forums, and industry events facilitates mentorship and career opportunities.
Upholding ethical standards and professionalism is non-negotiable. Demonstrating integrity and reliability enhances credibility and trustworthiness as a legal practitioner.
In summary, the future of civil and arbitration law in India holds promising opportunities for young lawyers who are prepared to adapt to evolving legal trends, leverage technological advancements, and uphold high professional standards. By cultivating specialized knowledge, gaining practical experience, and nurturing essential skills, new lawyers can position themselves for a rewarding and impactful career in these dynamic fields.
Beyond your professional life, what hobbies or personal interests do you pursue, and how do they contribute to your overall well-being and professional effectiveness.
Outside of my professional life, I am passionate about roaming around. I love to visit new places and meet different people. These pursuits play a crucial role in maintaining my overall well-being and enhancing my professional effectiveness in several ways.
Firstly, I love to do matters involving public interest or legal questions, which require the indulgence of the Hon’ble Courts. There are various such matters, wherein YBAI has been successful in obtaining directions. I must mention the case of “Habib Khan versus of State of Uttarakhand”, wherein after many rounds of litigation; the Hon’ble Supreme Court has held that Class-IV employees are entitled to PENSION by reckoning the period of their temporary services i.e. from the date of their initial engagement. Later, the said decision was approved by the larger bench in the case of “Prem Singh versus State of Uttar Pradesh”. This is a case, that is very close to me because the clients were elderly people of having age of about 70 years and I have seen them struggling for livelihood.
Further engaging in outstation matters, provides me with a creative outlet and a sense of fulfilment that rejuvenates me after demanding workdays. This helps me approach challenges with renewed energy and clarity.
What are your views on the importance of pro bono work, and can you share an experience where your pro bono efforts have made a significant impact?
I believe that pro bono work plays a crucial role in ensuring access to justice for underserved communities and advancing the principles of fairness and equality within our legal system. It is not only a professional responsibility but also a moral imperative for lawyers to contribute their skills and expertise to serve those who may not have the means to afford legal representation. Moreover, pro bono work not only enhances professional skills and broadens legal knowledge but also strengthens the bonds between lawyers and the communities they serve. It fosters a sense of civic duty and reinforces the ethical foundations of our legal profession.
In conclusion, pro bono work is not just about providing free legal services; it is about promoting justice, equality, and the rule of law. It is an integral part of my commitment to using my legal skills to make a meaningful difference in the lives of others and to contribute positively to society.
What advice would you give to current law students and young professionals to help them navigate their careers and make meaningful contributions to the legal field?
As someone who has navigated the legal profession and is committed to its advancement, I have several pieces of advice for current law students and young professionals:
Build a Strong Foundation: Focus on developing a solid understanding of foundational legal principles and procedures. Mastering the basics will provide a robust framework upon which you can build specialized knowledge and expertise.
Seek Diverse Experiences: Take advantage of internships, clerkships, and opportunities to work with experienced lawyers in different practice areas. Exposure to diverse legal environments will broaden your perspective and help you discover your interests and strengths.
Embrace Lifelong Learning: The legal landscape is constantly evolving. Stay informed about current legal developments, case law, and legislative changes. Continuously seek opportunities for professional development and continuing legal education.
Cultivate Practical Skills: Beyond legal theory, hone practical skills such as legal research, writing, negotiation, and client management. These skills are essential for effective legal practice and client representation.
Build a Professional Network: Networking is invaluable in the legal profession. Attend industry events, join bar associations, and connect with peers, mentors, and senior professionals. Building relationships can open doors to opportunities for collaboration, mentorship, and career advancement.
Commit to Ethics and Integrity: Uphold the highest standards of ethical conduct and professionalism in all your interactions. Trust and integrity are essential for building a credible and successful legal career.
Engage in Pro Bono and Community Service: Dedicate time to pro bono work and community service. Contributing your legal skills to help those in need not only serves a noble purpose but also enhances your professional growth and fulfillment.
Stay Resilient and Persistent: The legal profession can be challenging, but perseverance pays off. Stay resilient in the face of setbacks, learn from your experiences, and keep striving towards your goals.
Find Balance: Maintain a healthy work-life balance. Taking care of your well-being is essential for sustained success and happiness in your legal career.
Make Meaningful Contributions: Ultimately, aim to make a positive impact through your legal career. Whether it’s advocating for justice, advancing legal reforms, or championing causes you believe in, strive to leave a lasting and meaningful mark on the legal field and society.
By following these principles and continuously refining your skills and knowledge, you can navigate your legal career successfully and make significant contributions to the legal profession.
Last but not least; I would like to thank my intern Ms. Prachi Agarwal, a student of Law College Dehradun who helped in completing this task.
I would also like to thank my current team, namely Mr. Kuldeep Singh, Mr. Bhavya Pratap Singh Rautela, Mr. Amit Kumar, Ms. Ayushi Arya, Mr. Sanyam Thareja and Ms. Japjeet Singh along with Ms. Amitoz Kaur, Mr. Arpit Jain and Ms. Pallavi Tripathi
Can you share what inspired you to pursue a career in law and how your journey began at Amity Law School, New Delhi?
From a young age, I was drawn to a career in law. The respect and prestige associated with the profession initially piqued my interest while I was still in high school. The influence of my uncle further solidified the decision. J.K. Das, a Senior Advocate. His practice and the engaging stories he shared about the legal field deeply inspired me.
Determined to pursue law, I discussed my career choice with my parents, who supported my decision. I opted for an integrated five-year law course and focused solely on preparing for the entrance examination. At that time, Amity Law School in New Delhi was highly regarded for its five-year law program. After successfully clearing the entrance exam, it became the natural choice for my legal education. At Amity Law School, I gained a solid understanding of legal concepts. Many of the professors, who were former practitioners, provided invaluable practical guidance and insights, enriching my academic experience with real-world applications.
You’ve represented clients across various sectors, from telecom sector to real estate to dispute resolution. How do you adapt your legal strategies when switching between such diverse industries?
Every case and client has unique demands, making understanding their wishes and aims fundamental to effective representation. Each industry requires a tailored strategy, and adaptability is crucial. For example, in the real estate sector, my primary focus is to protect my client at the stage of contract execution. The goal is not to suppress the consumer or customer but to ensure that the contract remains balanced and fair within the statutory framework and compliance requirements. This approach ensures that the contract does not become lopsided, protecting the client’s interests while upholding legal and ethical standards. In commercial arbitration matters, the aim is to try and attempt to get a just and quick resolution for the client.
The emphasis is thus to have a client-centric legal practice and adaptability in meeting their needs effectively.
What motivated you to start your independent practice in 2017, and what challenges did you face during this transition?
After working as a junior lawyer under seasoned and experienced professionals, transitioning to establish my independent practice felt like a natural progression. During my tenure as a junior, I dealt with a variety of legal issues and gained significant experience in briefing senior counsel. I was fortunate to have skilled mentors who guided me through the formative years of my career. Their support and mentorship provided me with the confidence and foundation needed to embark on my legal practice.
For a first-generation lawyer, establishing an independent practice presents significant challenges. Without a family background in law, navigating the complexities of setting up a practice and building a professional network can be daunting. However, the support and mentorship I received from experienced seniors played a crucial role in overcoming these obstacles and achieving success in my practice.
Independent practice as a litigating lawyer has two facets to it, on the one hand being an independent practitioner gives you the freedom to have complete control over your schedule or work, working style cases etc, whereas on the other hand having a sustained clientele in the beginning is a constant concern. Transitioning to an independent legal practice often also involves a significant shift from the stability of a regular income to the uncertainties of variable financial stability. However, with hard work and sincere efforts, one can overcome these difficulties and achieve success in establishing an independent practice.
Your experience spans multiple judicial fora. How do you prepare differently for cases in the Supreme Court versus other tribunals?
Arguing before any legal fora may appear glamorous, but it demands significant hard work and effort. Although there is not much difference in preparing for cases before the Hon’ble Supreme Court or any other fora, the basics remain the same i.e. being fully prepared with the facts of your case. Being prepared with your file, and its minutest detail is essential for preparing your case before any legal fora.
Given your extensive experience with the NCLT and NCLAT, what trends do you see in corporate law and insolvency matters today?
Insolvency laws are indeed evolving, and each case can bring new interpretations and clarifications. The distinction between “Operational Creditor” and “Financial Creditor” is a prime example of how nuanced and complex these laws can be.
In the context of the Insolvency and Bankruptcy Code (IBC) in India, “Operational Creditors” are typically those who provide goods or services to the debtor, while “Financial Creditors” are those who lend money or provide financial assistance. The confusion you mentioned, particularly regarding authorities like NOIDA, highlights the challenges in applying these definitions to specific cases.
The Supreme Court’s ruling in NOIDA vs. Anand Sonbhadra was indeed pivotal. By clarifying that NOIDA qualifies as an Operational Creditor rather than a Financial Creditor, the Court helped to resolve ambiguities and set a precedent for similar cases. This kind of judicial intervention is crucial for providing clarity and ensuring that insolvency proceedings are conducted fairly and consistently.
You’ve written about the US Supreme Court conducting hearings via telephone. How do you see technology shaping the future of legal proceedings in India?
During the COVID-19 pandemic, while the world came to a standstill, our judiciary continued its operations. I recall that at the pandemic’s onset, Justice Siddharth Mridul (as he was then) conducted urgent court hearings via WhatsApp to address the well-being and transportation of students stranded in Kazakhstan. These instances highlighted the pivotal role of technology in the administration of justice. The global pandemic underscored the importance of technological advancements, demonstrating that even the legal profession is now deeply intertwined with technological progress.
The legal field by its very nature is dynamic and ever-evolving and our legal system has adopted such advancement. The introduction of technology has indeed made our courts much more accessible, and transparent. Hybrid hearing is a norm in courts in Delhi, from District courts to the Hon’ble Supreme Court.
While I acknowledge the benefits of technological advancements, I believe there are still limitations to address, such as the need for a reliable internet connection. Additionally, I feel that traditional in-person arguments can be more effective than virtual ones. Face-to-face interaction with the Court often provides a significant advantage in conveying your arguments persuasively and effectively. What was the process like for you to qualify as an Advocate-on-Record with the Supreme Court of India, and what key strategies or insights would you share with those preparing for this examination?
What advice would you give to young legal professionals aspiring to specialize in corporate law and dispute resolution?
For any young professional aiming for success, there’s no substitute for hard work. Burning the midnight oil, especially in the initial years, is often necessary. Alongside diligence, the ability to think on your feet and read the room is crucial. For lawyers, this means not only focusing on the facts of a case but also being attuned to the judge’s reactions to achieve the best outcome for their clients. Also one should be open to exploring diverse practice areas for gaining valuable experience.
Staying updated on recent developments in the law is non-negotiable. The legal landscape, particularly in dispute resolution, is constantly evolving. For instance, the correctness of an arbitral award can now be decided through a curative petition, despite the general principle of minimal judicial intervention. Thus, being aware of these changes is essential.
Lastly, one important lesson I learned early in my career was the value of respecting opposing counsel. Maintaining professionalism and courtesy is key in any legal practice.
Outside of your legal career, do you have any hobbies or interests that you feel contribute to your effectiveness as a lawyer?
Reading short anecdotal stories related to the legal field is a wonderful way to stay connected to your work while enjoying some downtime. It can also provide valuable insights and inspiration for your practice.
Playing team sports like volleyball and cricket is a fantastic way to unwind and develop important skills beyond the courtroom. The teamwork and strategic thinking involved in sports can translate to a more collaborative and strategic approach in your legal work. Physical activity is a great way to relieve stress and keep your mind sharp. It’s great to hear you’re managing to integrate these passions into your busy life!
