Super Lawyer

Tag: Supreme Court

  • Manu Beri, Advocate, on setting up independent practice; litigation at NCLT and urgent need for reforming judicial system

    Manu Beri, Advocate, on setting up independent practice; litigation at NCLT and urgent need for reforming judicial system

    Manu Beri graduated from Campus Law Centre, University of Delhi, in 2000. With over eighteen years of experience in litigation, he has handled a variety of matters in different forums including the Supreme Court, Delhi High Court, National Company Law Tribunal, National Consumer Commission and Arbitration Tribunals.

    In this interview we speak to him about:

    • His early years as lawyer in litigation practice
    • His experience in various courts
    • Challenges of a litigation lawyer
    • Building independent practice

     

     HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I practice in the Supreme Court, Delhi High Court, National Company Law Tribunal, National Consumer Commission and before Arbitration Tribunals. Have been doing a variety of legal matters both in Corporate and Criminal law (Economic Offences) for clients in India and from abroad, including large and medium size corporations in FMCG, Logistics, and Infrastructure sectors etc.

     

    PLEASE TELL US ABOUT YOUR COLLEGE LIFE. WHAT MOTIVATED YOU TO TAKE UP LAW AS A CAREER?

    I did my LL.B from Campus Law Centre, Faculty of Law, University of Delhi in the year 2000. Spending three years during my LL.B course in the North Campus of DU was quite good. The best part of it was that Senior Lawyers would come to our Faculty to share their experiences and interact with the students. I had the opportunity to listen to stalwarts like Mr. Ram Jethmalani, Mr. Harish Salve and many others. Likewise, some practicing lawyers used to take our classes. In addition to regular faculty, teaching by visiting/guest faculty helped us to know the practical aspects of the legal profession while studying Law. I hope they are continuing with this system and other Law schools have also introduced this.

    My initial interest to do law came from studying subjects like Political Science in which I got to know of constitutions of many democracies in the World. Out of all other professions, I found law intellectually challenging and stimulating. Unlike many other professions, it gives you a chance for lifelong learning. A Lawyer can help develop or change the policy making not only in his client’s businesses but Government policies as well. Law helps you constantly learn and grow.

    My uncle Mr. Sandip Beri is in the legal profession. After having practiced in the Supreme Court of India and then having done a long stint with law firms and corporations in the USA and India, he is presently a partner with a large Corporate Law firm in Delhi. He was the guiding force behind my decision to take up law as a career. Through him I had a fair idea of what the legal profession was all about.

     

    PLEASE TELL US ABOUT YOUR INITIAL YEARS OF PRACTICE.

    After working for about a year and a half as a Junior Lawyer, I started my own independent practice a little early in my career. However, I think I should have worked for a few more years as a Junior lawyer. But luckily for me in my initial years of practice I was able to get good work from some Companies and I learnt a lot from the work I did for them by handling various legal issues for them in Courts and otherwise. Also, briefing Senior Counsels in the High Court and Supreme Court on important matters has been a good learning experience for me. I think learning in this profession comes from handling maximum cases and arguing in Courts. The more cases you work on, the more you will enhance your knowledge, skills and consequently increase your confidence as a litigation lawyer. When I started my law practice, I was advised to specialize in any one branch of law rather than doing a variety of legal work but I somehow did not like this idea and I knew what I wanted to do. It is very exciting to work on cases involving different legal issues. I have had the opportunity to represent clients in a variety of matters like IPR Suits, Writ Petitions, Arbitrations, Consumer matters, Company Petitions and Criminal matters in the higher Courts. I hate monotony in professional work; hence getting to do cases from different branches of law has only enhanced my knowledge and skill set.

     

    AS A LITIGATION LAWYER, THE TOUGHEST CHALLENGE IS TO GET CASES – WHAT WOULD BE YOUR TIPS TO LAWYERS WHO HAVE JUST STARTED OUT IN THEIR CAREER.

    Public relations are very important in legal profession. But more than that if you work with sincerity for your clients and give them positive results in a time bound manner, then one client will naturally lead to another through word of mouth and there cannot be a better publicity or advertisement than this for a lawyer.

     

    YOU CHOSE TO WORK IN TRIAL COURTS AND DISTRICT COURTS INSTEAD OF MOVING DIRECTLY TO THE HIGH COURT AND SUPREME COURT. HOW IMPORTANT IS TRIAL COURT PRACTICE IN THE INITIAL YEARS OF ONE’S CAREER?

    In the initial years of practice one may not get big and high stake matters and even if one gets such matters in higher courts then the clients prefer Senior Counsels to argue these matters. Therefore, Trial Courts give junior lawyers a chance to conduct depositions and argue the cases themselves which is a great learning experience and confidence building measure.

     

    YOU HAVE SUBSTANTIAL NCLT PRACTICE AS WELL. PLEASE TELL US HOW CAN ONE GAIN EXPERTISE IN COMPANY AND INSOLVENCY AND BANKRUPTCY LAW.

    Well, as I said for gaining expertise one needs to handle maximum cases in that field of law. Mere theoretical knowledge of any law subject is not going to help. In my view, to gain expertise in any branch of law it is important to read and understand the statute with the relevant judgments passed by the courts and then handling cases in courts/tribunals. Also, one should keep oneself updated with the latest news in the corporate world through print and electronic media. In corporate litigation practice, in addition to understanding the law, a lawyer has to understand his client’s business. This has helped me to learn so much about different businesses and industries, as well as the diverse areas of law that impact my clients.

     

    WHAT IS THE ONE IMPORTANT LESSON YOU HAVE LEARNT IN YOUR CAREER AS A LITIGATION LAWYER?

    One thing I have realised over the years is that one should also listen with an open mind to what clients have to say about their case in addition to the facts, rather than being dismissive about their logic and opinion. Sometimes, their ideas based on their life and business experience can really help in developing a case.

     

    HOW DO YOU RECOMMEND A FRESH LAW GRADUATE INTERESTED IN LITIGATION START THEIR CAREER?

    I started my own independent practice a little early in my career. However, I think I should have worked for a few more years as a junior lawyer. My advice to budding lawyers, who intend to enter into litigation, is that they should spend at least two-three years as a junior in a law office having lot of drafting work and reasonable number of appearances in courts and after that if they get a chance to work in the office of a good Senior Counsel, they should spend a couple of years in the Senior’s office as well.

     

    HOW CAN ONE APPLY FOR INTERNSHIP UNDER YOU? HOW CAN AN INTERN STAND OUT DURING HIS INTERNSHIP?

    I generally keep one intern at a time so that we can have maximum interaction with each other. I invite CVs from interns and then decide. At this stage of their legal education the interns are expected to do the research work and read case files. I think an intern can stand out by doing good research work and finding judgments for the ongoing cases.

     

    WHAT QUALITIES DO YOU LOOK FOR IN A JUNIOR?

    A junior should be hardworking having the ability to put in long working hours, sincere, reliable and courteous.

     

    WHAT ARE YOUR THOUGHTS ON THE JUDICIAL SYSTEM.

    It amazes me how under the given circumstances the Judges in this country work tirelessly to decide cases and write judgments by spending extra hours to deal with pendency of cases. It is very challenging to properly hear and decide so many cases on the board in a single day. There is an urgent need to increase the number of judges so that the justice delivery system is quick and more efficient.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO YOUNG LAWYERS AND LAW STUDENTS?

    For young budding lawyers it is very important to plan their career path right from the law school years, by doing extensive internships with Judges, litigation lawyers, Law Firms, and in-house lawyers etc twice a year which can be really helpful as they plan their future in the profession.

     

     

     

  • Shriya Maini, Advocate, Supreme Court of India, on Independent practice in law, studying an International LLM from the University of Oxford, and writing research papers

    Advocate Shriya Maini practices at the Supreme Court of India, the Delhi High Court and District Courts at New Delhi. She specialises in Dispute Resolution and as an unabashed feminist particularly enjoys criminal litigation.

    Ms. Maini is a graduate of Gujarat National Law University, Gandhinagar. She joined the Dispute Resolution team of erstwhile Shardul Amarchand Mangaldas and Suresh A. Shroff, as an Associate in their law firm. Subsequently, she went ahead to pursue her Bachelors in Civil Law (LLM) on a full scholarship namely Dr. Ms. Ambuti Salve Scholarship 2014-2015 at the University of Oxford, United Kingdom. Ms. Maini is also a recipient of the Oxford Global Justice Award for Public International Law, 2015 – 16 which gave her the opportunity to assist the President of International Residual Mechanism for the Criminal Tribunals (“MICT”) at The Hague, Netherlands. Currently, she serves as Visiting Faculty at National Law University, Delhi and Lloyd Law College, Noida. Ms. Maini is an independent consultant for International Law and Legal advisor at the LexQuest Foundation.

    Oxford is a dream college for any law graduate. However, what is life at Oxford like? What happens once you have earned your Oxford degree? Is Independent Practice an option? Being an independent litigator or founder of a firm, in the bubble of the bar, is a pretty big deal. Most who step foot in litigation, often only on nominal remuneration (if any) doled out by well-paid senior lawyers, the dream of the day they can finally set up their own shop. While it might seem to outsiders like all it may take to become a successful advocate is talent and passion, the skills required lie in the business realm more often than in legal.

    In this interview we speak to Ms. Maini about:

    • Tips on writing SOPs and Recommendations required to bag scholarships for foreign LLMs;
    • Masters in Law from the University of Oxford focussing on full scholarship;
    • Transition from a law firm job to Independent Practice;
    • Importance of writing research papers.

    HOW WAS YOUR EXPERIENCE AT GUJARAT NATIONAL LAW UNIVERSITY (“GNLU”) AND WHAT WOULD YOU SAY THAT YOU DID DIFFERENTLY FROM THE REST OF THE STUDENTS TO GRAB FOUR GOLD MEDALS AND EVENTUALLY ADMISSIONS IN BOTH OXFORD AND CAMBRIDGE?

    GNLU was a lovely experience, not only in terms of my professional and academic learning but also personal growth. In college, one is straight out of school and is looking for an avenue where he/she wants to achieve the skies, learn something new, besides of course, making new friends. Hostel life and classroom studies can be real tough taskmasters especially in a place which is far away from what we all call our comfort zone – home. What GNLU taught me was how to adjust well in hostile situations and share my knowledge with possibly everyone around. I also think the quality of the law school really matters, be it their faculty, teaching style or available course options. A great idea would be to speak to as many seniors and alumni and gather information online as to what each law school distinctly offers. When you are picking your college even while filling in your CLAT preferences, be very sure of what you want and where do you want to go. Don’t just follow the names, see for yourself what you want to do, be it social work or firm job or Court practice. For instance, I was very sure that I wanted to litigate and hence, I chose a college closer to my hometown and made a conscious choice that Courts in Gujarat and Delhi could perhaps, help me find plausible internships.

    As for your second question, I didn’t do anything different particularly but I think the one thing that I plausibly did differently was that I paid attention in class. There is a current trend of sleeping through law school classes or being very casual about attending classes thinking that during exams, one can read right at the end and score well. However, I believe it is a great exercise to listen in class and make your own notes, supplementing them with a book perhaps for each subject – for instance say Kelkar for Criminal Law or C.K. Takwani for CPC. These individual notes for me turned out to be best possible sources to study for end-term exams which were subjective in nature. This is in my opinion is one of the easiest ways to score very well in almost every subject in law school (be it civil, criminal or corporate law) and achieve a very high CGPA!

    Another thing that I incessantly followed was writing well researched papers when I was doing assignments or projects at law school. I have converted a lot of them today into top quality publications which have been read world – wide and have helped me garner some great work as an Independent Practitioner and Consultant in Public International Law. So I would say take your projects very seriously and critique the law that’s currently in place. Pick a topic which is perhaps a grey area of law or a burning topic for that matter. These could also help you create some cutting edge research ideas which could set you apart from the rest in class.

    HOW DID YOU GET INTO OXFORD, WHAT ALL DID YOU DO?

    I think for admissions to Oxford and for that matter Cambridge as well, it’s very important that you plan well in advance. Should you want to start your studies the next year, I think it’s important that you start gearing up from August-September this year itself. Start collecting your recommendations, prepare a well-researched Statement of Purpose and apply before the scholarship deadline. To sum up, time management is one thing that you must keep in mind while making Applications to foreign Universities for the LLM course. I suggest it’s a great idea to make a chart or table of all the deadlines of various Universities (with and without scholarship) so that the application process becomes far more coherent and crisp. This is what I personally followed, besides carefully monitoring my Statement of Purpose and Recommendations.

    Another aspect to keep in mind is that when you are applying to a stalwart University like Oxford, it is always advisable to research well about the University and its courses offered. Another suggestion would be to speak to a lot of seniors and alumni who have been to Oxford because these are the only few who seem to know the things at the grass-root level. A quick Google search say of the University, any of the past Statement of Purposes uploaded therein could benefit you manifolds. This would give you a wide array of options to pick from and you could then craft an SOP or Recommendation Letter, suited to your own specific needs, depending upon the college. For instance, Oxford Recommendations and SOPs are very academic unlike a London School of Economics, which focuses more on the practical side of law. I had made up my mind for an Ox-Cam degree and hence, I prepared all my documents accordingly. My SOPs and Recommendations were very specific, academic and crisp alongside, distinctly explaining why I wanted to read which course at a foreign University only.

     

    WHAT WERE THE OTHER ACTIVITIES THAT YOU UNDERTOOK OTHER THAN WRITING AND PUBLISHING RESEARCH PAPERS?

    That’s a great question! I think these activities which you are referring to – that we undertake at law school form the very basis of the contents of any LLM application. Foreign Universities do not decide Applications solely on the basis of academic scores (which are fairly important) but they look for something extra, what I like to call the “X” Factor. These could be moot court competition, research publications, book or commentary writings etc. I was primarily focussed on mooting for public speaking came rather very easy to me. I participated in two moot Court Competition, the Manfred Lachs and Nani Palkhivala – both which dealt with my interest area – Public International Law. So, mooting for me was like learning the law and enjoying myself while doing just that. Infact, Public International Law is a field that I now constructively engage with on a daily basis. So, I would say, keep your focus intact and start preparing step by step, right from the first year depending upon where you see yourself in the next five years. Focus on your interest areas, be it civil, criminal, corporate or tax. This is how I used the mooting process to my advantage – I researched and learnt the law, developed court mannerisms and soft skills besides inculcating team spirit. Additionally, it is also advisable to engage in atleast one extra circular activity, be it painting, dance or music.

    Another activity that I undertook was attending conferences and research based events. This extensively helped me network and realise how communication is the key to success in this profession. I applied for internships and sought answers to my queries by sending e-mails to my seniors. Today, I receive requests on Social Media on a daily basis requesting information on a plethora of topics, be it my work at the United Nations or Oxford or the LLM Application process in general. I make it a point to take out some time and try and respond to as many students as possible.

     

    WHAT WERE YOUR CONSIDERATIONS WHILE APPLYING AT THE FOREIGN UNIVERSITIES AND WHAT MADE YOU CHOOSE BCL FROM OXFORD OVER AN LL.M. FROM CAMBRIDGE AND HOW ARE THE TWO ANY DIFFERENT?

    One of the most important considerations apart from academic scores is finding scholarship options while making LLM Applications to foreign Universities. Another consideration for me was place of convenience (England being closer to India than America), a specific law you want to study (International Law for me) or place where you want to practice eventually. Let’s go step by step: While applying for both Oxford and Cambridge, I was categorically focussed on applying for a common law university. It’s a good idea to keep your options open if you are not sure what you really want to major in. Apply for a general LL.M unless you are very keen to practice in a niche area of law, such as International Tax or Intellectual Property Law. I too opted for a general LL.M. with 50 subjects on the table so that I could pick my four most preferred subjects.

    As for differences between Oxford and Cambridge – the BCL course at Oxford looks at the law from a very academic point of view unlike Cambridge, which is more practice oriented. Oxford in general has a very theoretical approach to the law because you have a lot of Queen’s Counsels and Professors teaching on campus who have literally helped lawmakers create the law. So, Oxford in effect teaches you why the law i.e. the reasoning behind the formulation of a law. This is a very interesting approach because the same inculcates critiquing abilities in a student and help form arguments and questions of law subsequently in filing Special Leave Petitions for instance. Again said, the Tutorial system in both these Universities is a fantastic model from which our Indian Universities could benefit manifolds. During the tutorials, one writes a research paper critiquing the law, and the tutor gives him/her individual feedback in person. This teaches the students the art of formulating legal arguments, besides describing how the papers must be structured.

     

    YOU PUT A LOT OF STRESS ON RESEARCH PAPERS AND PUBLICATIONS. HOW MUCH IMPORTANCE DOES PUBLISHING OF A BLOG OR AN ARTICLE ON INDEPENDENT BLOG WEBSITES HOLD?

    Today, blogging has given the power and leverage to almost everyone to put their thoughts onto paper. When used effectively, this could be an easy and inexpensive gain for any Independent practitioner’s work. Like persuasive and binding value of judgements, if you publish an article in a legal journal, it carries more weightage than an independent publication on a blog-site. Hence, I would suggest either you write something so strikingly different on your own blog or write for a blog – site which has a good readership and is well known in the market. For Example – there is a very famous peer-review blog called EJIL which was started by the University of Oxford students. Today, the blog is very highly regarded and every two months, stalwarts share their views on International Humanitarian Law and International Criminal Law. If you have a publication on EJIL, that’s more prestigious than some of the journals as well. I believe, blogs – sites are the way forward – they are the best spaces for Advocates to work on, to enhance their knowledge and clientele.

     

    COULD YOU PLEASE TALK ABOUT YOUR APPLICATION FOR THE PRESENT STUDENTS?

    Out of the many who apply to Oxford, only a handful are selected, not because the others don’t have the marks or academic prowess but because their applications starkly lack content and structure. It is essential to be aware of the International standards and approaches when one is making such applications. The most important feature of your Application for an International course is an SOP – “Statement of Purpose”. When you draft an SOP you must state clearly why you want to join a particular University, the subjects you want to study or why do you want to study those subjects in that particular University only, perhaps, because the same are not available in an Indian University. Before making my Application, I thoroughly researched about the Universities that I was keen to apply to, their course modules and current as well as adjunct faculty. I request all of you to decide well in advance which are the subjects you wish to pick for your LLM – so you must know before making your Application which course modules you intend to read in which College. This process immensely helped me craft tailor-made Applications for different Universities and their courses. Additionally, I read my Application twice over prior to submission and applied well in advance, within the Scholarship deadline.

     

    WHAT IF A PERSON WANTS TO PURSUE THE SAME COURSE WHICH IS AVAILABLE IN A GOOD UNIVERSITY IN INDIA? WHAT SHOULD A STUDENT DO IN THAT CASE?

    I think it is important to realise and fathom the fact that we are still miles away to go when it comes to legal education. There’s a reason why people go out and study. I won’t say that there’s no good faculty in India but what they are doing out there is very different and there is no harm in learning from the foreign Universities how and what they teach. Today, many Indian Universities are collaborating with foreign ones for exchange programmes for their undergraduate students. There must be cogent reasons for the same. Should you compare the course modules that an Indian University offers vis-à-vis a foreign University, you will realize how far ahead they are in terms of teaching innovative subjects, hiring excellent practitioners to teach academic subjects and characteristically bright methods of teaching, such as the tutorial system.

     

    IS AN LL.M. FROM THE UNITED STATES OF AMERICA BETTER OR FROM THE UK? WHAT ARE THE MAIN DIFFERENCES BETWEEN THE TWO?

    The two are essentially very different in their approaches. The UK LL.M. is based totally on Common Law perspectives, though we study a fair bit of Civil Law. On the contrary, the US LL.M. is totally based on Civil Law teachings. This limits the scope of those who want to come back to India at some point in time and practice. So if you want to come back to the Indian Courts, I’d suggest it is always better to go for the United Kingdom. However, many believe that the American market is currently way more welcoming when it comes to hiring Indian students who write the American Bar exam post their LLM. Again said, they both have their own pros and cons.

     

    HOW IS THE PEDAGOGY AT OXFORD DIFFERENT FROM THE TOP UNIVERSITIES IN INDIA?

    My most favourite memory of the last few years is my time spent at the University of Oxford. This because studying at Oxford is a once in a lifetime opportunity. The environment is intellectually stimulating to the extent that it pushes you to excel, should you take it in the right spirit. It is a student’s city, full of the best minds from all across the globe, bubbling and bursting with knowledge. Even the Pubs and Bars have students lounging and discussing the law. My experience at Oxford taught me how to question and critique the law, without simply accepting and applying it. The teaching methodology at Oxford comprised of lectures and seminars (classroom discussions wherein questions were released a week in advance). We had a system of tutorials wherein we were supposed to write papers every month on topics for subject, only to be assessed and given feedback on in person by our teachers. This personalized attention in a Masters course is what makes Oxford the best of the best. It was inspirational for me to witness how the best University in the world functions, alongside keeping its humanitarian approach intact.

     

    HOW DID THE 100% SCHOLARSHIP AT OXFORD HAPPEN? COULD YOU TALK ABOUT WHAT HELPED YOU GAIN THAT SCHOLARSHIP?

    I think this is one question I can answer out of sheer experience and nothing else. I never had a Plan A or a Plan B when it came to doing the LLM. I had always decided that I was going to go out and study, and as far as the money was concerned, I knew it was a big amount but I really did not think too much about it while I was making the Application. The best advice that I can pass on is – Do not fret about the funding before applying for a Master’s course. Make your Applications first and alongside or subsequently figure out the funding options available. And the best way to do that is – APPLY EVERYWHERE POSSIBLE FOR SCHOLARSHIPS! This is what I tell all the students who come and ask me about any kind of scholarship questions. The best way to get a scholarship is to apply everywhere because what matters is that one YES, not those numerous NOs. A cent per cent scholarship (including tuition fees and living expenses) may not be easy, but it’s not impossible if you try hard. Almost every University application has a separate scholarship section. So, keep an eye out for these alongside the bursaries and grants that are doled out towards the end of the Application process. There are also numerous Indian donors who can help you out – be it Inlaks or Aga Khan. Please remember all the University linked scholarships have early bird application deadlines with an automatically linked funding application. Also, Universities like Oxford have multiple colleges, be it Exeter or Sommer ville. So, check if any Scholarships are specifically linked to your College. For instance, the Dr Mrs Ambruti Salve Scholarship was linked to Exeter College at the University of Oxford. I was indeed blessed to have received a full grant which included my tuition fees, travel and living expenses.

    Another tip that I give students is that your SOP must in a line or two stress on the need for funds factor. Make it clear and evident even when you are applying to the University that you are looking for funding. Do not feel shy or embarrassed about the fact that you are coming from a third world country, and probably you could do with some monetary help.

     

    HOW CAN ONE MAKE THE MOST OF A SHORT SUMMER SCHOOL COURSE AT OXFORD UNIVERSITY, MAY BE A MONTH’S COURSE? ARE THEY BENEFICIAL THESE KINDS OF SCHOOLS, OR IS IT BETTER TO GO ON A SCHOLARSHIP?

    I realize that I am on a public platform and I may be quoted if I say this, but I am going to be very brutally honest about it. From a very personal experience, I believe spending money on a month long summer school at a University in England or America is definitely not worth it, unless you have the funding available. I think one can easily enrol for diploma courses online or offline that are available at much cheaper costs in India, instead of these expensive foreign location based summer schools. Please do not spend your parents’ hard earned money, or even your own accumulated money on a summer school option which is only a month long. So, hold on to those green notes for a wiser option, maybe an LL.M.

     

    WE KNOW FOR A FACT THAT YOU HAVE WORKED AT AMSS BEFORE GOING FOR YOUR BCL. HOW DID YOU UTILISE YOUR TIME AT AMSS TO STEP INTO PRACTICE ?

    The workings of a law firm are very different from how independent practice works. The law firm culture teaches you qualities that practice wouldn’t and vice versa. The most important skill that I acquired from the law firm environment was communication. I learnt how to send out and receive formal e-mails to clients and arbitrators, how to make contacts, how to interact with people, especially client interviews. This is one skill I now utilise in my practice, a lot.

    The second skill which is law firm specific is meeting deadlines. In an independent practice set up, one can get pretty lazy and relaxed, seeking multiple dates for submissions. But the law firm environment teaches you to stick to deadlines because you have a senior to report to. The inherent structural hierarchy teaches you effective time management and smart client billing. These acquired skills are a boon for a practitioner who finds it hard to not only procure work but also bill decently well. I have purely used these skills to grow from one client into fifty more in an ongoing builder-investor dispute. Lastly, the law firm as a junior teaches you how to be resilient and churn out the first draft so that the same can be edited over a series of corrections. Now being in independent practice, I ensure that my drafts are read over and copyedited atleast thrice in the office/chambers before their submission in Court.

     

    IS THERE ANY POINT IN DOING AN LLM, IF YOU ACTUALLY WANT TO LITIGATE IN INDIA?

    I’m always asked this question because almost all those who cannot make it to an Oxford or Cambridge at the Masters level criticise it thoroughly, saying there is no use wasting a year, better practice in the Indian Courts. However, I do not at all agree with their views. This because the education standards, legal knowledge, command over language and critical thinking are approaches that are best developed at the Masters Level, for the focus becomes very specific on a single subject or topic. This tremendously enhances the aura of a lawyer for he learns how to question why the law. This is why most of the better Supreme Court lawyers in India have a foreign LLM degree. I can proudly say that I draft all my petitions from scratch, analysing precedents and even critiquing them at times, without cut copy pasting judgements. Small skills can go a long way in making a great lawyer. Foreign LLMs train you exactly in that direction and for that purpose. Additionally, foreign LLMs do give you special knowledge which general practice in Court would never. I was fortunate to read International Criminal Law during the BCL at Oxford and today, I teach that subject in Indian Law schools, be it Lloyd Law College or National Law University, Delhi. Indian Court practice wouldn’t have ever taught me the same!

     

    WHAT CHALLENGES DID YOU FACE DURING THIS TRANSITION FROM THE TOP MOST LAW FIRM TO INDEPENDENT PRACTICE ?

    While at Amarchand, I had waited too long to litigate and appear in Court. The law firm may be a great place for some but I had long realised it was not my calling. When I reached Court, I very well know that I was young and fresh. Noone would so easily entrust me with a brief right at the outset. So I taught myself how to run after work and not money. It took me a few months initially to find my feet but I think I managed rather very well. I was also in an advantageous position because I was a second generation lawyer. These privileges (as much as we shy away from them) do give us a Launchpad and I can never thank my father enough for the same. The best tip is – Do not run after money; lots of money will definitely come to you, at the maximum within a year or two if you’re passionate, hard – working and slightly lucky. Today, I am happy to pass on certain briefs due to paucity of time, only because I was initially hungry for good work and not just good money. Another challenge that one faces is finding work. Now this is the tricky bit. I would suggest you join a boutique law firm or maybe a senior counsel (though for only a few months) before you network for some good work.

     

    IS THERE ANY EDGE THAT YOU GET OVER THE PEOPLE WHO HAVEN’T DONE AN LLM SPECIFICALLY IF YOU ARE LOOKING FOR A JOB AT THE LAW FIRMS?

    Law firms and I have a very cynical relationship. Don’t get me wrong when I say this – law firms are essentially looking for those who can mechanically deliver on a daily basis what is required of them, may be a contract draft or a petition draft. So, they do not really look at an LLM or a Masters in depth knowledge with any respect because all they want is research and finding out almost every possible detail, without analysing or doing anything path breaking. Many enjoy the economic comforts and benefits of a law firm job and for all those, you can easily get the same with a Bachelor’s degree from India.

     

    HOW MUCH GPA IS REQUIRED FOR SECURING A PLACE IN A TOP LAW SCHOOL LIKE OXFORD?

    Good question! GPA scores are very important if you are amongst the top three or five in your college. During your Application process, play to your strength and do not forget to mention the same in your Statement of Purpose and Scholarship Application. I wrote almost everywhere that I stood first in my class and this turned out to be a great conversation starter during all my scholarship interviews, besides giving me a cutting edge and good impression. I stressed on how having a high GPA meant that I was one of the best students at my University and I too could bring something unique to the Oxonian high table. On the contrary, if your GPA scores are low, do not mention them unless asked and stress on other aspects such as extra – curricular achievements or books or publications.

     

    COULD YOU PLEASE GIVE AN ADVICE EACH FOR THOSE WHO ARE APPLYING FOR AN OXFORD LLM; THOSE WHO ARE TRYING TO GET INTO LAW FIRMS AND THOSE WHO INTEND TO UNDERTAKE INDEPENDENT PRACTICE?

    For Oxford Applicants, manage your time effectively and apply well in advance, and of course, flag your scholarship deadlines. Be consistent in your efforts to procure great recommendations from academicians and draft a heartfelt Statement of Purpose. The BCL is a course which you’ll never be able to undertake again in your life, so make the most of it once you are there.

    For Law Firm aspirants, intern at reputed firms all through law school and in a variety of subjects, be it civil, criminal or corporate law. Pick the one that you are most keen in for you have to practice it for a fairly long period of time, once in the firm.

    For Independent Practitioners, dream big to make it happen. Find your feet by interacting with seniors and lawyers alike, network well and be patient. Just run after work and not the money. The latter is bound to follow suit, that too soon.

     

    Credits : Mr. Manthan Nagpal for transcribing the interview.

     

     

  • Bhaven Shah, Co-Founder, Presolv360, on entrepreneurship, technology and the future of dispute resolution

    Bhaven Shah, Co-Founder, Presolv360, on entrepreneurship, technology and the future of dispute resolution

    Bhaven Shah is a Chartered Accountant and has completed his law from Government Law College, Mumbai. He is the Co-Founder of Presolv360, which is India’s first homegrown cloud-based dispute management platform capable of preventing litigation, protecting people and businesses from adversities of disputes and resolving them through time-tested dispute resolution mechanisms. Bhaven has previously worked with KPMG in their M&A and tax litigation practice, R. K. Bothra & Co. and Ernst & Young in their tax and assurance practices, respectively. Besides, he has had varied experience before judicial and quasi-judicial authorities including the Supreme Court of India, High Courts of Rajasthan and Bombay, and the erstwhile insolvency boards.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am no super-lawyer. I am just a super-believer. I believe in our youth and that gives me the drive, I believe in India’s growth story and that gives me reason and I believe in the values passed down by our great leaders that gives me confidence that I am at the right place – ‘India’, at the right time – ‘now’, and doing the right thing – ‘Presolv360’.

     

    PLEASE TELL US WHAT MADE YOU PURSUE LAW?

    Law came to me by legacy. My grandfather was the first in the family to come to the land of opportunities and dreams. Since then, Mumbai was the only home known to him and my entire family. Against all odds, he brewed roaring success in the textile industry and this success was compounded by my father. The business expanded but so did complexities. Opportunities increased but so did opportunistic individuals. The economy was growing but values were rapidly eroding. From property-grabbing to non-payment of dues, from trespassing to cheques bouncing, it became a usual occurrence for many of us. Practices and professions became sophisticated, but law and procedures remained unchanged.

    Crediting my sweet and sour experiences with litigation and courts, I decided to take the law into my own hands. Scratch that, I decided to take the fate of these disputes in my own hands. The only way to begin that was by pursuing law academically, and so I did. After completing my graduation from H. R. College of Commerce and Economics, Mumbai, I enrolled myself in the Government Law College, Mumbai.

     

    FROM LAW TO ENTREPRENEURSHIP, WHAT MADE YOU TAKE THIS LEAP?

    In a heavily-litigated personal matter, a Supreme Court Judge (now retired) said to me in open court “Son, your father started this case and your child will have to conclude it.” And these wise words came after 29 years (read 45% of the lifespan of an average Indian) of fighting tooth and nail in Indian courts. The harsh reality is that legal cases in India last a lifetime and have a propensity to wipe out all your resources, and I faced this first hand. I didn’t want to suffer in the future, I didn’t want others to suffer, ever, and so, it was time that India and her citizens were offered a solution that changed the way they insulated themselves from disputes and litigation. Something that was quick, economical, convenient and effective. With this in mind, Presolv360 was born.

    Disputes are inevitable and are inherent to the nature of humans. So, we re-imagined, re-engineered and radically improved the ‘approach’ to dispute management. In devising this approach, the founding team of Presolv360 tapped into all possible learnings and experiences, be it law, chartered accountancy, insurance, management and of course, encounters with realities of life.

     

    WHAT PROBLEM ARE YOU TRYING TO ADDRESS WITH PRESOLV360?

    The traditional dispute resolution mechanisms like courts are plagued with a number of serious problems. Where 19th-century laws still dominate dispute resolution, there is a need to provide 21st-century solutions to uproot these challenges.

    Statistically speaking,

    • Everyday 40,000+ cases are filed due to the absence of dispute prevention mechanisms.
    • Approximately 67% disputants do not even attempt an alternative before litigating.
    • 80,000 crores p.a. is lost due to court hearings and loss of business. This translates to 0.77% of India’s GDP and shockingly, this figure is without accounting for professional fees.
    • On an average, it takes 13 years for the final disposal of a civil case lodged in an Indian Court.
    • It is estimated that by the year 2025, there will be 6.19 crore pending cases and at the current rate of filing of new cases against the rate of disposal, it will take 587 years to clear this backlog.

    Believe me, these numbers are not an exaggeration. Let me ask the readers to ponder over three simple questions. If the answer to any is ‘yes’, they will understand the problem we address:

    1. Would you like to enjoy a life free from disputes, litigation, and courts?
    2. Do you want to secure yourself, so nobody drags you to court?
    3. If you have a dispute, would you not like to resolve it quickly, reasonably and efficiently?

     

    DON’T YOU THINK THE GOVERNMENT IS AWARE OF THE PENDENCIES AND IS UNCLOGGING THE OVERBURDENED JUDICIAL SYSTEM?

    Undoubtedly. When I first spoke about confidence provided by our leaders, that included our leaders in the profession as well as those in the government. Lok Adalats, infrastructure improvements, E-Court Mission, encouraging ADR, commercial courts, state and national litigation policies, etc. are long strides in the right direction.

    While I believe that India is in extremely capable hands, it is also important to understand that, for India to tackle this grave problem, a concerted partnership is required between all stakeholders – potential and existing disputants, governments, judiciary, professionals and facilitators like us. This will ensure that only those matters worthy of the courts’ attention and judicial resources will find a place on the docket, while the remaining are dealt with in a systematic, civilized and optimal manner. This way, courts can dispense justice, governments can govern, businesses can flourish, and the citizens can enjoy a stress-free life.

     

     

    WHAT IS YOUR VALUE PROPOSITION AND WHO IS IT FOR? WHAT IMPACT WILL YOUR SOLUTION HAVE?

    Presolv360 is a unique dispute management platform that blends technology, human expertise, and innovation to provide effective dispute prevention solutions, collaborative dispute resolution mechanisms, fast-track and cost-effective alternatives to courts and protection from uncertain outcomes and adversities. This makes Presolv360 the first of its kind across the globe!

    Our services include:

    1. PresolvReview: Preventing disputes is one of the key objectives of Presolv360. With PresolvReview, our expert will review your agreement from a dispute prevention standpoint and make suitable suggestions and recommendations so that you can enjoy a dispute-free relationship and a hassle-free life.
    2. PresolvSecure: This is a plan that secures you from adversities of disputes that arise in a contractual relationship. For a small annual fee, the parties can safeguard themselves from prohibitive costs, traumatic experiences, time-consuming processes and ruined relationships, and instead ensure a speedy and effective resolution by our empaneled experts, at no additional costs.
    3. PresolvDirect: We assist parties in resolving existing disputes (whether pending in court or likely to be submitted to the court), in a collaborative environment.

    At the centre of this, all is a seamless, integrated tech platform accessible from your desktops, laptops or mobile devices to ensures affordability, convenience, efficiency, and effectiveness. The beneficiaries of this system are unrestricted, be it individuals, businesses, institutions or even governments.

    This dispute management ecosystem will have a far-reaching social and economic impact.

    – From taking an average 13 years for disposal of a case, to collaboratively resolving a dispute within 3 months.

    – From expending lakhs of rupees in litigation to resolving disputes at a fraction of that amount.

    – From uncertain outcomes and irreparable loss to certainty of resolution and conserving resources.

    – From litigation ruining relations to safeguarding them … this is the impact of Presolv360

    We have also launched the ‘Presolv for All’ Project that extends the services of Presolv360 free of cost to weaker sections and low-income groups to ensure that we, as a community, can enjoy a litigation-free future.

     

    WHAT ALL HAS GONE BEHIND THE MAKING OF PRESOLV360 AND PLEASE INTRODUCE YOUR TEAM TO OUR READERS.

    The learning never stops, nor does the evolution of Presolv360 and its team. I can only give you a glimpse of the groundwork undertaken, and I can assure you that our efforts, to constantly improve by reflecting on feedback from our stakeholders and the incessant spirit of innovation, will never cease as it is ingrained in every member working at Presolv360.

    You may know that dispute resolution has its roots in the Vedic age and this has been entrenched in our village system. That’s where we began, our research and studies ranged from India’s gram panchayat system to international diplomacy, from traditional dispute redressal machinery to sophisticated global practices. After this theoretical escapade, it was time to understand contemporary challenges. We undertook an ‘Appeal for Change’ survey where we interviewed over a thousand people from different walks of life to understand all the facets of disputes. It is on this robust foundation that we built and designed the Presolv360 platform.

    Along with me, Namita Shah and Aman Sanghavi are the cornerstones of Presolv360. While Namita is a lawyer, chartered accountant and a CPA from the USA, Aman hails from the insurance and management background and is also a Certified Mediator from IICA, Ministry of Corporate Affairs. Presolv360 is guided by a distinguished Board of Advisors and Mentors comprising of

    1. Ashok Barat, former Managing Director, and CEO, Forbes and Company Ltd. He is currently on the Board of several listed companies and is passionate about making mediation the primary form of dispute resolution.
    2. Tanu Mehta, Legal Counsel, Mediator and Conciliator recognized by the Bombay High Court and is an MA in Conflict Resolution & Mediation from Tel Aviv University, Israel.
    3. Rajani Iyer has been designated a Senior Counsel by the Bombay High Court and is a Mediator with over 4 decades of experience in dispute resolution.

    Presolv360 is powered by a team of fifteen members (including six dispute resolution and legal experts) with an unbreakable spirit and the determination to change the way India and her citizens deal with disputes.

     

    HAVE YOU RECEIVED ANY RECOGNITION SO FAR?

    Presolv360 won the ‘Start-Up Excellence Award for Technology-Enabled Dispute Management & Redressal System’ at the Indian Startup Convention (ISC) 2018. The ISC recognizes those organizations and individuals who have changed or have the potential to change the face of their respective industry. We were also shortlisted for ‘Power of Ideas’ – India’s largest entrepreneurship program. Facebook, Economic Times, Department of Science and Technology, Government of India and CIIE, IIM Ahmedabad conducted this program and received over 6500 business ideas out of which 358 were shortlisted.

    The Presolv360 team has discussed the applicability and benefits of its services with officials from the Ministry of Commerce and Industry and the Ministry of Law and Justice, Government of India. Presolv360 is privileged to be recognised by the Ministry of Law and Justice, Government of India, as providers of dispute prevention and protection services, online dispute management, negotiation (online and offline), neutral evaluation (online and offline), mediation (online and offline) and is now listed on the website of the Department of Justice. Besides, Presolv360 has also been recognised as a qualified startup under the Start-Up scheme of the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India.

     

    HOW DID YOU GET THE MINISTRY TO RECOGNIZE PRESOLV360?

    The Presolv360 team made representations to the Ministry of Commerce and Industry and the Ministry of Law and Justice, Government of India. To our delight, the officials were extremely forthcoming, encouraging and provided us with insightful feedback. Following these representations, Presolv360 was listed on the website of the Department of Justice, as providers of dispute prevention and protection services, online dispute management, negotiation (online and offline), neutral evaluation (online and offline), and mediation (online and offline).

    ‘Startup India’ is a flagship initiative of the Government of India, intended to build a strong ecosystem for nurturing innovation and startups in the country that will drive sustainable economic growth and generate large-scale employment opportunities. From tax exemptions to self-certification, from credit and funding access to rebates in patent applications, this initiative is definitely a boost to the ‘ease of doing business’ objective. Presolv360’s application was accepted by the Department of Industrial Policy and Promotion since we are working towards innovation, development, and improvement of dispute management services with a scalable model and high potential of employment generation and wealth creation. If any of the readers satisfy the eligibility criteria, I would recommend they apply under the scheme and take advantage of the benefits of a recognised startup.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    We are all ordinary people until we master one extraordinary power – the power of choice. The choice to hold on or to let go, the choice to give up or to be relentless, the choice to follow or to lead, the choice to destroy or to rebuild, the choice to go to courts or ‘to presolv’ – choose wisely.

    You can get in touch with me at bhaven@presolv360.com and visit https://www.presolv360.com/ for more information.

     

     

  • Ngangom Junior Luwang, Senior Partner, Kochhar & Co., on law school experience, choosing specialisation and work life balance

    Ngangom Junior Luwang completed his graduation from ILS Law College, Pune. He is currently co-head of the Infrastructure Law practice of the Firm. He has over twenty years of professional experience and has been practicing Corporate, Commercial & Dispute Resolution matters, his sector specialisation being Oil & Gas and Infrastructure. Luwang has represented issues of corporate law in various International Conferences and has also been a speaker in many conferences organised by the Hong Kong University, Law Asia etc. Luwang also has extensive court room experience, mostly in the Supreme Court of India.

    In this interview, we speak to him about:

    • Choosing law as career and his experience in law school
    • Choosing his specialisation
    • Internships every law student should undertake
    • Maintaining a work life balance being Senior Partner

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    Enrolled in 1995, I am a lawyer with extensive experience in dispute-resolution as well as non-dispute-resolution verticals across diverse facets – handling high-stake Supreme Court & Arbitration matters, contract drafting & negotiation, statute drafting, general legal consultancy apart.

    I grew up at Imphal, Manipur till my 12th standard. I did my primary schooling at the First Battalion Manipuri Rifles High School, Imphal and MBC English School, Imphal till 10th standard and my 11th and 12th at the DM College of Arts, Imphal.

     

    WHAT FACTORS INFLUENCED YOU TO CHOOSE LAW AS A CAREER? WHY DID YOU CHOOSE ILS LAW COLLEGE FOR PURSUING LLB?

    To be honest, law was my father’s career choice for me and I reluctantly followed my father’s advice. I had always wanted to become a civil servant or a doctor but I have no regrets for, inter alia, the following reasons:

    1. Just as our body is an integral part of our existence, law is as much an integral part since almost every aspect of our existence is governed by some law or the other.
    2. Law is ever-evolving and a lawyer’s adaptation to the same makes a lawyer fully updated and current for sound opinions on different aspects of life and law.
    3. Diversity in laws makes a lawyer’s life as much diverse and professionally challenging, enough to make him/her “Jack of all trades, Master of as much.”
    4. A Law degree also opens up a law student or a lawyer to a number of other possible sub-careers – in-house counsel, hardcore litigator, full-time corporate lawyer with specific specialisation options, academician, LPO professional, Law Firm management professional etc.

    I chose ILS Law College, Pune for, inter alia, the following reasons:

    1. ILS’s heritage as a cradle of legal education for nearly a century then
    2. Credible academic staff
    3. ILS was the best amongst the few law colleges with the five year integrated course in 1989 when I joined ILS.
    4. ILS’s incredible infrastructure, more specifically its library facilities with its unique collection of books
    5. Pune’s academic atmosphere and of course, its unmatched weather.

     

    WHAT ALL ACTIVITIES DID YOU TAKE PART IN DURING YOUR TIME AT LAW SCHOOL? HOW IMPORTANT IS MOOTING FOR A LAW STUDENT?

    I remember my participation in moot court competitions, mock trials and declamation competitions. Of course, I did some bit of lawn tennis and swimming since ILS campus had the said facilities.

    Since I strongly believe that every lawyer should spend at least the initial first three years of his/her career in Courts of Law/quasi-judicial fora (before exploring other options), mooting is and should be made compulsory for every law student. My specific reasons are as under:

    1. Mooting presents a fantastic platform for problem-solving skills for budding lawyers, something a lawyer is expected to do life-long.
    2. A must for focused drafting skills and oral court submissions.
    3. Mooting certainly exposes a law student to the practical side of law in terms of legal research, strategic thought process, creative interpretation of laws etc.
    4. Mooting is certainly a break from the mostly theoretical approach of classroom lectures.

     

     HOW DID YOU KICK START YOUR CAREER POST YOUR GRADUATION? WHAT WERE THE CHALLENGES YOU FACED AS A FRESHER?

    I kick-started my career from a chamber in the Supreme Court of India, but handling matters not only in the Supreme Court but also in Delhi High Court, DRT, Consumer Commissions and lower courts. The following were the main challenges:

    1. Identification of a good lawyer/chamber with drafting opportunities for diverse legal/quasi judicial proceedings.
    2. Understanding the different stages of legal/quasi-legal proceedings
    3. Low stipend was indeed an issue for a fresher like me with a rented accommodation.
    4. Lack of opportunities for placement in big law firms then.

     

    WHY DID YOU DECIDE TO PURSUE HIGHER STUDIES?

    I joined an LL.M course since I genuinely believed that an LL.M course would add up to my knowledge of law, but now, on hindsight, I am of the opinion that exposure to courts of law or being in a Law Firm for the same time period would have taught you more lesions on law and practical sides thereof. A full-time LL.M course could possibly be helpful for students who plan to be in academia.

     

    HOW DID YOU CHOOSE YOUR SPECIALISATION? WHAT SHOULD A LAW STUDENT KEEP IN MIND WHILE CHOOSING A PARTICULAR DOMAIN OF LAW TO PURSUE A CAREER IN THE SAME?

    I started my practice without any specific specialisation in my mind, but Clients ultimately chose my specialisation! One cannot choose a specialisation unless one is really interested in it and good at it and ultimately, most clients choose you for that specialised area of law you are interested in and equally good at. I believe that a law student should have an open mind and should choose specific domain or specialisation after having a feel of every aspect of law at least in the first three-five years of his or her practice. This having said, the following should be kept in mind, while choosing an area of specialisation or practice domain:

    1. Strong interest in the chosen stream(s) of law.
    2. One’s comfort and professional confidence in executing work of the chosen specialization or domain.
    3.  Client/Senior feedback on works executed qua the chosen stream(s).

     

    WHAT IS YOUR OPINION ON GRADES AT LAW SCHOOL? MANY LAW FIRMS AND ORGANISATIONS USE GRADES AS YARDSTICK FOR SHORT LISTING PEOPLE FOR THE JOB. DO YOU THINK THE SYSTEM IS FLAWED?

    A more pertinent question will be whether our law schools have the right benchmarks for grading law students. My observations on this issue are:

    1. More focus should be on practical aspects of law. For example, most questions can be on specific facts involving questions of law and students can be asked to apply law accordingly and solve the issues presented.
    2. More emphasis can be on mock-trials and moot courts.

    I think most law firms extensively bank on academic performance of students for campus recruitment since presumably there is no other better way. No system is fully fool-proof and so is this system. Since legal acumen is not all about exam marks, Law Firms may consider having its own independent way of conducing specific test(s) for such recruitment, independent of academic grades.

     

     WHAT ALL INTERNSHIPS DO YOU THINK A LAW STUDENT MUST UNDERTAKE DURING THEIR TIME AT LAW SCHOOL AS A STUDENT?

    The following internships are recommended:

    1. Internship with a trial lawyer with substantial drafting assignments at a lower court in a small district or town in India, covering both civil and criminal matters.
    2. Internship with a lawyer with substantial drafting work in a High court
    3. Internship with a public sector corporation
    4. Internship with a private commercial entity
    5. Internship with a litigation/arbitration team of a law firm
    6. Internships with different corporate practice teams of law firms
    7. Internship with an arguing Senior Counsel
    8. Judicial Clerkship with a judge of a High Court/Supreme Court.

     

    WHAT IS THAT ONE ACHIEVEMENT IN YOUR PROFESSIONAL LIFE THAT YOU ARE PROUD OF?

    Rendering both litigation and non-litigation legal services to ONGC Videsh Limited and Oil India Limited in the USD 2.475 billion acquisition of a hydrocarbon block in Mozambique in 2014.

     

    WHAT IS THE AVERAGE WORKDAY EXPERIENCE OF A SENIOR PARTNER AT A LAW FIRM LIKE? HOW DO YOU MAINTAIN A WORK-LIFE BALANCE?

    Every day is a hectic day with deadlines and meetings lined up. Everyday is indeed a lesion on some legal issue or the other. To be frank, it is very difficult to have such a balance. However, I do try to give enough time to my family and of course, I play and run for at least one hour a day.

     

    WHAT QUALITIES HAVE HELPED YOU ACHIEVE YOUR CURRENT POSITION AND STATURE?

    It is hard work, hard work and hard work.

     

    HOW DO YOU STAY UP TO DATE ABOUT THE RECENT DEVELOPMENTS IN ALL THE AREAS WHERE YOU WORK AND HAVE AN INTEREST?

    The different assignments coming to me usually keep me informed and updated. For the rest, social media and internet are good information tools.

     

    WHAT ADVICE OR SUGGESTION WOULD YOU LIKE TO GIVE TO OUR READERS, WHO ARE PREDOMINANTLY LAW STUDENTS AND YOUNG LAWYERS?

    1. Academic courses are different from actual legal practice.
    2. If one is not ready for hard work in terms of giving at least twelve hours of effective professional engagement daily, one may explore other options (academia, LPO etc.).
    3. At least for the initial three years of one’s career, one should be in litigation practice before various courts/quasi-judicial fora.
    4. Drafting skill should be developed for all types of legal proceedings for as many different courts and legal fora.
    5. A time-line based systematic roadmap on approaching or dealing with each specific legal issue/proceeding should be learnt/developed and followed steadfastly.
    6. Hard work is the key, coupled with due application of mind.

     

  • Prasenjit Keswani, Advocate, on establishing independent practice and his diverse experience

    Prasenjit Keswani, Advocate, on establishing independent practice and his diverse experience

    Prasenjit Keswani graduated from Campus Law Centre, University of Delhi, in 1999. With over eighteen years of experience in litigation, he has handled a variety of matters in different forums including the Supreme Court, Delhi High Court, National Green Tribunal and National Consumer Disputes Redressal Commission.

    In this interview we speak to him about:

    • His early years as lawyer in litigation practice
    • His experience in various courts
    • Building independent practice

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am a lawyer with eighteen years of experience practicing before the Supreme Court of India, Delhi High Court, NGT and NCDRC. I have my own practice which includes work from direct clients as well as briefing from law firms and individual lawyers.

     

    WHAT MOTIVATED YOU TO PURSUE A CAREER IN LAW AFTER DOING BACHELORS IN BUSINESS STUDIES FROM DELHI UNIVERSITY?

    BBS was a unique course by the Delhi University offering Bachelors degree in Business Administration. We had various subjects relating to Business Laws, which included subjects like Contract Act, Companies Act and regulatory compliances. This got me interested in law.

     

    HOW WAS YOUR EXPERIENCE AT CAMPUS LAW CENTRE , DELHI UNIVERSITY?

    Campus Law Centre had a good course structure and some of the professors were prominent personalities in their field and hence attending their classes was a great learning experience. Also, it was a lot of fun being in North Campus.

     

    WHAT ARE YOUR AREAS OF INTEREST?

    My areas of interest are constitutional law, commercial laws and alternative dispute resolution.

     

    HOW DID YOU DECIDE TO CHOOSE LITIGATION OVER TAKING UP A CORPORATE JOB? HOW WERE YOUR EARLY YEARS AS A LAWYER?

    In 1998, I joined a law firm AP& J Chambers as an intern. In fact my intent was to work as a corporate lawyer. The firm also had Supreme Court litigation and I started attending Court, which got me interested in litigation and immediately after graduating in 1999 I joined APJ and started working on the litigation side. I worked in AP & J Chambers till 2003. There was lot of independence and it was a happy work place. Handling matters independently was tremendous learning experience and I got opportunities to appear on my own in firm matters. I was quite fortunate to have good mentors at the initial stage of my career Mr. Joseph Pookkatt and Mr. Prashant Kumar, Partners of APJ and thereafter my senior Justice Uday Lalit.

     

    YOU WORKED UNDER THE GUIDANCE OF JUSTICE U.U. LALIT IN THE EARLY YEARS OF YOUR CAREER. HOW WAS THE EXPERIENCE OF WORKING WITH HIM?

    It was a tremendous learning experience. He was very interactive and he would discuss with his juniors at length, the different facets of law. While in his chamber one got to understand how to approach a brief and understand the finer aspects of law. It was an intellectually enlightening experience. In his chamber we would get diverse and important matters, which gave us excellent exposure. I worked with him for seven years before starting my own practice.

     

    HOW IMPORTANT IS IT TO HAVE A MENTOR FOR A YOUNG LAWYER IN THE EARLY YEARS OF THE PROFESSION?

    It is very important to get a good mentor more so when one does not have a background in the legal profession, like I didn’t have. I got very good mentoring from my seniors. In the early stage of ones profession it is important for young lawyer to get the self-confidence and self-assurance, which a good mentor can give his juniors. It is also important to develop the skill set in the legal profession as also the right value system.

     

    WHAT WERE THE STRUGGLES THAT YOU FACED IN BUILDING YOUR INDEPENDENT PRACTICE?

    Any lawyer would tell you that there are no shortcuts to success or developing a practice. Coming into the profession without a background was a struggle to get cases. I was lucky that my sister Advocate Avantika Keswani was two years senior to me in the profession working with Karanjawala & Co., so I was able to get acquainted with the profession because of her and I got my first internship because of the ground work she had laid down in the profession.

    It took me two years to get my first independent Supreme Court case but by then I had international commercial arbitration that helped me tide over the struggles of the initial years.

    If you stay sincere, people start coming to you with cases and lawyers from the High Court start giving you cases, which is very important for Supreme Court practice. At no stage in the profession there is any scope for laxity.

     

    WHEN YOU HIRE A JUNIOR, WHAT QUALITIES DO YOU LOOK FOR?

    As I said sincerity is the most important factor in the profession and any lawyer who is sincere and dedicated and takes pride in his work as a professional is bound to do well. So, these are the qualities that I look for in a junior.

     

    HOW IMPORTANT ARE INTERNSHIPS FOR A LAW STUDENT ?

    I think an internship is very important as it exposes a law student to the manner in which the profession works and it also helps him or her to identify their area of interest. Further, in an internship I assign work to the interns so that they can also develop practical skill set like drafting, researching which is usually not covered in the legal curriculum.

     

    THERE IS A LOT OF DISCUSSION ABOUT NATIONAL LAW SCHOOLS AND TRADITIONAL LAW SCHOOLS. WHAT’S YOUR TAKE ON IT?

    National Law Schools have definitely brought about a lot of professionalism in the manner law education is imparted. However, even the traditional law schools like ILS Pune, GLC Mumbai etc., have always had a good environment and we see their students doing very well. Ultimately, I think it depends on the student on how to take benefit from his curriculum and teachers to learn and develop as a lawyer.

     

    PLEASE TELL US ABOUT ONE MATTER THAT YOU HAVE WORKED ON THAT HAS LEFT A LASTING IMPACT.

    An important case in my career was the Indian Hotel & Restaurant Association Vs. State of Maharashtra case also known as the Bombay Dance Bar case. This case allowed me to apply the principles of constitutional law to a fact situation, like right to livelihood and privacy embodied in Article 14, 21 and 19(1)(g) of the Constitution. Apart from being a prominent case, it was also a good learning experience.

    Another case, which was an important milestone in my career, is V. Subramaniam Vs. State of Maharashtra where I argued before the Supreme Court and got Section 69 (2A) of the Partnership Act as applicable in Maharashtra declared as unconstitutional.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO LAW STUDENTS WHO ARE ASPIRING TO LITIGATE AFTER GRADUATION?

    My advice would be to work with sincerity and to have an attitude to learn and develop your skill set as a lawyer. Money is important but initially the approach should be to learn and give your best to every task or case that you are working on.

     

     

  • Pinky Anand, Additional Solicitor General of India, on studying at Delhi University and at Harvard, and on the formative years of her career

    Dr. Pinky Anand is considered one of India’s top lawyers. She is the current Additional Solicitor General of India and a Senior Advocate. An alumna of the Campus Law Centre at Delhi University, she went on to pursue her LL.M from the prestigious Harvard University on an Inlaks scholarship in 1980. She recently came out with the much acclaimed book, Trials of Truth which is available on Amazon. In conversation with Manushi Desai, she shares her experience as a lawyer and the formative years.

     

    How were the formative years which resulted in such a strong yet warm personality?

    My parents were married very young. My mother’s sensible nature has rubbed on me and so has my joint family’s sharing and caring nature. I have grown up in the streets of Old Delhi and have fond memories of sharing everything with my family which is my support system and I greatly believe in the idea of balance which my family taught me. I further studied in a convent school and the values of discipline and good virtues were inculcated very firmly in my outlook. I endeavoured to participate in all extra curriculars, especially during the law faculty days where I was the student leader within BJP as well.

     

    How was your Harvard experience?

    It was an ambition to go to Harvard and I achieved it by providing a systematic approach. I was inspired by the movie Paper Chase based on Harvard. I applied for Rhodes actually, I did not get the Rhodes, however, the Rhodes committee recommended me to the Inlaks foundation and that’s how I got into Harvard. Years later, I was called back to Harvard to give a lecture which is when I stumbled across my thesis in the Harvard library archives which is a must read even now to know more about the concept of public policy in arbitration.

     

    How were the initial years as a lawyer?

    I am a first generation lawyer. After marriage, circumstances were different since my husband is a lawyer, my father in law is a lawyer, but the intial years were not the same. I did not have any benevolent hand in that sense which is quite a necessary part. However, I did not have as bad a struggle as I should have is because my friend Geeta Luthra, who is a senior advocate now and I started practice together. It was very unknown of women partnering with each other in the profession.

     

    How did you join politics?

    My tryst with politics started when I joined ABVP as a law student and contested the prestigious Delhi University Students Union (DUSU) elections. However, when I went to Harvard and later partnered with Ms. Geeta Luthra, politics took a back seat. This changed later when I headed the BJP National Legal Cell as the first woman convenor which gave me a chance to change people at a grassroot level.

     

    You have risen high in your domain and have even been named as India’s top influential women in a book. How was the struggle been?

    The principle struggle is not being a part of the old Boy’s club. There is also a prejudice against engaging women counsels. However, beyond a point when you prove yourself, you actually were acknowledged. You have to continue to be twice a man. So the demonstration effect and the visibility or your proving your mettle is something which has to be done at the first degree level. Having done that, you need to have people who kind of support you. My family is a very big support, my in-laws are very supportive and I think that’s a very important feature too, because professional life is a tough one.

     

    What was the tipping point in your career?

    I fondly state my tipping point to be the retainership we had from a Marwadi business group through which I got exposure to various kinds of cases. It proved that you learn far more on your feet than you learn from any text book. We got a wide exposure to wide variety of cases from that group not only in Delhi, but in various parts of Delhi. We used to go to various even district courts and in fact I think even trial courts.

     

    Why practice in trial courts when you could, as a Harvard graduate, have easily started in the Delhi High Court or Supreme Court?

    Trial courts are great fun! I think you learn the most there and you have to understand the set up of what law is about and how law is made. For young lawyers, you are trusted far more with the trial court cases than you are with Higher Court cases- so it was a relation you build- you go up the ladder. The ladder is a very slow one, like snakes and ladders – you go up and then you sometimes come down.

     

    What is the secret sauce to your success?

    I believe in confidence and determination apart from the support of your loved ones. There is constant juggling of the work life balance but it is important to set goals and challenges and strive to achieve them as well.

     

     

    This interview was taken by Manushi Satyajeet Desai. Do read her blog at desaimanushi.blogspot.in and follow her on @manushidesai on twitter and instagram.

  • Kabir Dixit, Advocate-on-Record, Supreme Court of India, on independent practice, litigation, and working in corporate firms

    Kabir Dixit, Advocate-on-Record, Supreme Court of India, on independent practice, litigation, and working in corporate firms

    Kabir Dixit graduated from Campus Law Centre, Delhi University, in 2006.  Subsequently, he worked in the chamber of now Solicitor General of India, Sr. Advocate Sh. Ranjit Kumar for a year. Thereafter, he worked full-time for two years, and part-time for five years with KSB Partners (now SB Partners), with special mention for Mr. Kilanbi Singh Bedi. He has been engaged with litigation since then.

    In this interview we talk to him about:

    • His experience as an AoR
    • The importance of working with a law firm in order to understand the judicial process better
    • His experience in litigation and at a law firm

     

    Tell us about your time as a law student.

    I ventured into law at a time when the discipline was considered a back-up option for failed engineering and medical aspirants. This was also a time when the NLU phenomenon was taking over the legal industry. In law school, I interned with Trial Courts, Centre for Study of Developing Societies, and certain law firms which did not deal with Corporate Law.

    In my first year after graduation, I worked with Sh. Ranjit Kumar who was a Senior Advocate then (now Solicitor General of India). He was a one man army and it was astonishing and encouraging to see how much a single person could achieve while sitting alone in a room, reading case laws and preparing matters at hand. However, because he did not ever feel the need for associates or interns, I probably could not contribute as much as I would have liked to.

     

    What motivated the shift from litigation to a law firm?

    Taking up a law firm job was mostly because of the necessity to pay living expenses in a city like New Delhi (remuneration with Sh. Ranjit Kumar was negligible and the law firm paid a lot). In the firm, I was earning equal to what my father earned while working as a Central Government employee. In addition to the monetary incentives, I also felt like I was making a more substantial contribution as the firm had just started out.

     

    How did you move back to litigation again?

    Inside my heart, I always wanted to pursue Litigation. I took a sabbatical of six months and went to my hometown to decide what to do further in life. A friend of mine made me meet Mr. Jaideep Narayan Mathur (then Additional Advocate General of Lucknow) and I joined him. There, another mentor of mine was his brother Mr. Dhruvi Mathur, from whom I learnt a lot. Both of them were top counsels and the experience was supremely exciting. The level of competence from colleagues was excruciating and the talent pool was amazing.

     

    How challenging was the experience of setting up independent practice and working in Delhi?

    I was very sure that I wanted to settle in Delhi and also that I wanted to work in the Supreme Court of India as I used to look up to Mr. Rohinton F. Nariman (who was also from my college). Practising in Delhi was culturally different than in Lucknow and a tad bit more competitive as high value matters were entrusted upon Senior Advocates and not young lawyers. However, I had good bit of work from the side of U.P. Govt as I was on its Panel of Advocates, but I wanted to help out individuals with their cases.

    The struggle of setting up a practice was to make others understand that you are a competent advocate. Such an impression can be created by a lot of material things like fancy cars, a lavish office, a Mont Blanc pen, foreign holidays, etc. and this is the reason why you can see a fleet of luxury cars in the SC parking lot on any given day.

     

    How did you crack the AoR exam?

    Till 2015, my private work grew and I started to lose interest in government side work. I always wanted to be an AoR at the Supreme Court and I took a shot at it in 2015. My conceptual clarity of laws taught during law school and experience in litigation helped me crack the exam in one attempt. I also think the way you write your answers determines your success.

    I was elated and overwhelmed to become an AoR and the fact that I was registered with the Supreme Court of India. Many new opportunities came my way as I was retained by PSUs and a couple of corporate. Also, I was treated specially by clients, and more recognition for work came towards me.

     

    What would be your advice to young law students?

    Students should have the sense of excitement and hunger and zeal to learn more. Command over the English language certainly helps, so if you don’t have it, make efforts in that direction. Don’t focus on money, be patient as money will eventually come, but give due importance to money. Also, entering into litigation, the stress free and thrilling environment (something new every day) makes work seem fun and you don’t need a foreign country holiday to rejuvenate. Life at litigation is a marvelous experience.

    I definitely provide internship opportunities to law students, they may reach me on  LinkedIn and send in their applications wherein I make sure that they learn drafting legal documents and researching case laws.

     

  • Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui graduated in law from RMLNLU, Lucknow, batch of 2012. He has since then served as Convener to the Legal Aid Committee, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. He is currently advocate at the Supreme Court of India, with over four years of litigation experience. A first generation lawyer, Siddiqui believes that enabling access to the legal system lies at the core of his practice. He has also just begun independent practice.

    In this interview we speak to him about:

    • Deciding to pursue law despite family pressuring otherwise
    • His life, curriculum and extracurricular engagements in RMLNLU
    • His tremendous contribution to the Legal Aid Committee, and setting up a paralegal system of assistance in his university
    • His belief that at the core of litigation lies the intention to enable access to justice for all

     

    What would you like to say to our readers in the manner of an introduction of yourself?

    I am just a struggling lawyer who has faced and is still facing all the struggles that a young lawyer faces during his initial days.

     

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

    Law was never really my first career choice. As any other teenager, I was pressurized into taking science at 10+2 level. So I also opted for PCB and as a natural progression I appeared for medical entrances, couple of which I miraculously cracked as well. However, I was never really interested in becoming a doctor. My family, especially my mother and my uncles, were really supportive, although my father had his apprehensions. The main idea behind opting for law as a career choice was that it gave me the freedom to read and know everything. A law student is never limited to reading law only. Law as a course satisfied my intellectual craving.

     

    Tell us about your life as a law student at RMNLU.

    Life in RMLNLU was more fun than work. I was never a studious student. However, law school gave me a platform which shaped my personality. When I entered law school there wasn’t much “law school culture”. As we were the second batch and the admissions were not through CLAT back then, the law school culture was absent. There wasn’t any mooting culture or any co-curricular activities. I had resolved from the very first day in RMLNLU that I will utilise every opportunity that this place provides. Much credit goes to La Martiniere Boys’ College, Lucknow, also for giving me the confidence to take initiatives. So with time things got streamlined and RMLNLU was a strong force among the law schools. We were fortunate to have some really good faculty like Prof. A.P. Singh, Prof. K.A. Pandey, Prof. Manwendra Tiwari, etc. The then Vice Chancellor Prof. Balraj Chauhan was also very supportive of the students. We started participating in mooting activity without much guidance. We learnt from our mistakes. In a nutshell, the life at RMLNLU gave me the confidence to lead and be vocal about my opinion.

     

    What are the causes you feel strongly about? How have you used you legal expertise in working towards them?

    So when I was forced by my father to leave Lucknow and practice in the Supreme Court, he asked me to be a means for the poor to access the highest court of justice. He told me that I should never say no to a brief just because the client cannot afford to pay fees. I myself having been involved with the free legal aid movement felt strongly about the same. So today most of the cases I fight are for those who generally don’t have the resources to access the justice system. I frequently represent the people declared as foreigners by Foreigners Tribunal in Assam. I also feel very strongly about the arbitrariness of government or its failure to control the fringe elements hell bent on destroying secularism in our country. Same is my view about the nepotism that is prevalent in the judiciary even though I myself belong to the same fraternity. So in this regard I have filed, strategized and appeared for causes pertaining to the same.

     

    Throughout your time at college you have enjoyed authoring essays and papers. How did you find an affinity for legal writing? How do those skills help you in your career today?

    The affinity for legal writing stems mainly from my interest in literature. I read a lot and a natural progression of reading a lot, is writing. Honestly, most of the essays and papers authored by me were more because of the pressure from a friend or for building up a strong resume. So the skills that I developed in law school now help me in drafting. Before becoming independent I have worked with three Advocates On record. The major part of the job profile while working as a junior to an AoR is drafting and this is where my prior experience of legal writing came in handy. Also, before writing any article or essay one needs to think a lot on the issue along with researching, these two skills are very important while drafting an SLP or Writ.

     

    You have participated and placed in several MUNs, moots and held several organizational positions during your time at law school. What did you learn from these activities?

    Mooting taught me to think like a lawyer and it took out the fear of public speaking or appearing before courts. In moots as well as in courts, you need to have spontaneity, an ability that developed due to my participation in moots and MUNs. I was lucky that I got the opportunity to appear before the Supreme Court in my initial days and I was not hesitant about arguing a matter anywhere. As far as holding organisational positions is concerned, I learnt leadership as well as being a team player from the same. The underlining factor of my participation in different committees was the idea of giving back to the institute. Any educational institution is known by its students and it was just a duty upon us to take RMLNLU forward and create a brand.

     

    What do you think the present status of legal aid is in India?

    (Anas has served as convener to the Legal Aid Committee for three years, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. )

    Last evening I had a chance to watch the video directed by Prakash Jha promoting legal aid in the country. NALSA is reinventing itself and is doing a great job. Having said that, it is very disturbing that most Indians even today don’t have access to justice. People are scared of going to courts or dealing with lawyers. This issue needs to be resolved and it can only be done by making people aware of their rights. My initiative was mostly inspired by the fact that as a kid I used to attend the legal aid clinics organised by various District Courts in Uttar Pradesh under the aegis of UPSLSA. My father was also a member secretary and their motto was “Nyaya chala Nirdhan se Milne”. I was greatly helped by Justice Sudhir Saxena who was then the Member Secretary of UPSLSA when we were trying to establish the Legal Aid Committee. As far as students’ contribution is concerned, I am really happy to announce that the Legal Aid Committee at RMLNLU has started a paralegal program and many students have joined the same. They sit at the assigned place right outside the university campus daily and provide legal aid to the needy. If the same model gets implemented in all law schools, it could be revolutionary.

     

    Could you share with us some of the highlights from your experiences as an intern during your legal education?

    I was lucky to intern in three major sectors like NGOs, corporate houses and litigation. The three sectors are very different from each other. While interning at Aman Biradri, I got a firsthand experience of the suffering of the street children. During my stint under Mr. Yashowardhan Swarup, I learnt about the intricacies of litigation, especially how to deal with a client.

     

    What motivated you to choose litigation over your other options?

    I am very old school. Litigation was my first choice. I firmly hold the belief that litigation is a service, and not a business. The idea that my skills can be utilised for those who have no access to justice was in itself a great motivation.

     

    As a litigating lawyer having worked on several cases, could you share with some of the judgments you have read that have shaped you as a lawyer.

    It may sound clichéd but the minority judgment of Justice H.R. Khanna in the ADM Jabalpur Case had a profound influence on me. Another Judgment that I find to be of great motivation is that of Brown vs. Board of Education, a judgment rendered by the U.S. Supreme Court ending racial segregation in educational institutions. Apart from judgments, two books that I feel every lawyer, especially young lawyers must read is Roses in December by the inimitable M.C. Chagla and Before Memory Fades by living legend Fali.S. Nariman.

     

    The first few years after graduation are considered to the most challenging . How are you coping with these challenges?

    It’s true that the first few years after graduation are most challenging especially if you’re in litigation and are living away from family. I remember travelling in DTC buses for two years and trying to cut expenses. Work is hard to come by, money even harder. Also, law school is a very protected environment whereas the world outside is harsh. Survival is a challenge. I have seen my friends and colleagues leaving litigation for good in their initial years. The only way to cope with these challenges is by constantly reminding oneself of the objective that one has in mind. One must also not let anyone dissuade you from your aim. When you enter litigation you earn much less and work harder than your friends working in a law firm or a corporate house. It becomes difficult to not give in to frustration and despair. One must remember that patience and perseverance is the key.

     

    You have argued before the High Court and Supreme Court.  How do you prepare yourself before an appearance?

    I read. I read my brief at least two to three times before standing at the bar. Also one must learn from what to say and even more importantly, what not to say in court. This is something that only comes with experience. Also one must always prepare case notes and do independent research beyond what is given in the brief. The art of advocacy is very much like acting. You need to get into the shoes of your client. You need to imagine all the possible queries from the bench. In the Supreme Court, you don’t get much time to put your point across so you must be very careful while choosing your opening lines.

     

    What has the experience been like working at the office of Adv. Ejaz Maqbool?

    Ejaz Sir was my first senior. He is known to be a hard taskmaster. He was very particular about grammar and I learnt whatever little drafting I know from him. He believes that the only way to work is by actually doing work, which is why he would often push us into difficult spots, just so we may learn in the process. I was lucky to have been a part of some very important cases like the Sohrabuddin Encounter case, Gujarat Lokayukta Case, etc. Ejaz Sir’s office is rife with opportunity.  Most importantly, I was lucky to have some really good senior colleagues who taught me a lot. I owe to them much more than I owe anyone in the profession.

     

    Tell us a bit about the nature of work you did at the office of Adv. Fuzail Ahmed. What does a typical work day look like for you?

    Fuzail Ayyubi’s office was like a home to me. I worked there for more than three years. Fuzail Sir’s office gave me the freedom and confidence to trust my work. Also the variety of work there was a huge factor in developing my legal acumen. I have never seen a lawyer as calm as Fuzail Ayyubi. In my three year long stint in his office I rarely saw him angry. A typical work day started with going to the Supreme Court to attend the matters and coming back to office and working on the matters to be prepared and drafted.

     

    Congratulations on starting your independent practice as of 2017! What prompted you to take that step?

    It was the motivation of Fuzail Ayyubi and support of Mr. Sanjay Hegde, Senior Advocate, that gave me the confidence to start my independent practice. Sanjay Sir has been really magnanimous to let me operate independently from his office under the British Chamber System. This is a very novel experiment that he is conducting and is a really good opportunity for young lawyers like me. I have been practicing exclusively in Supreme Court for a long time and now I intend to practice in other courts and tribunals. I will continue with my social justice litigation alongside commercial litigation and arbitrations.

    What would you like to say to our readers who are mostly students and young lawyers, as a parting message?

    To students I would like to say that the opportunities that you get in law schools shape your personality. Do everything that law school offers. Participate in moots, write research papers and get them published. You’ll never get such an opportunity again. To lawyers younger than me I’ll tell them that lack of means is no excuse. Anyone who works hard will eventually succeed.

     

     

  • Dilip Annasaheb Taur, Advocate on Record, Supreme Court of India, on humble beginnings and work experience in Criminal and Civil Litigation

    Dilip Annasaheb Taur, Advocate on Record, Supreme Court of India, on humble beginnings and work experience in Criminal and Civil Litigation

    Dilip Taur is a graduate in law from MP Law College, Aurangabad, batch of 2003. He subsequently went on to pursue a master’s degree in law from Mumbai University. Born into a family of agriculturalists, Dilip braved all odds to become a first generation lawyer. Astute in both civil and criminal law, Dilip has fought and won several crucial high profile cases in the past. He is perhaps known best representing former Maharashtra Home Minister Madhav Kinhalkar in the controversial case of paid media charges pressed against former Maharashtra CM Ashok Chavan.

    With an illustrious career spanning over a decade and a half, Dilip has had experience in all levels of judiciary in India. Currently, Dilip owns and heads Dilip Taur & Associates, a legal firm that deals in filing cases at the Supreme Court of India, High Court of Delhi, National Green Tribunal, Delhi (NGT) and the National Consumer Redressal Commission (NCDRC).

    In this interview, we speak to him about:

    • The importance of getting a hands-on experience in legal procedure versus classroom curricula
    • His experience practising before numerous fora, across all levels of the judicial hierarchy
    • Battling pressure in high profile lawsuits
    • His inspiring journey from a small village in Maharashtra to the Supreme Court of India

     

    You graduated from MP Law College, Aurangabad. Can you tell us something about the experience?

    I hail from the rural pocket of Marathwada. MP Law College was one of the only options available to me, owing to lack of resources and its proximity to where I lived. The college was not at par with other law colleges in the state such as GLC Pune or Mumbai. I was also fairly irregular in class as I was trying to focus more on practice-based learning by attending court sessions frequently.

     

    How did attending court proceedings regularly, as opposed to attending class, impact your learning?

    During my college days I would regularly attend JMFC and sessions court. I used to maintain a court diary and would follow senior advocates’ case dates without even knowing them. I used to attend every hearing of important cases. In fact, this experience helped me a lot with my education. The impact of court attendance was such that I was very confident while taking my college exams. I never felt like I was missing out on much by not attending classes in college.

     

    What is the importance of regularly reading judgments?

    Reading judgements has helped me understand the law, technical difficulties and procedural lapses while dealing with cases. It helped me grasp the various nitty-gritties of law and established legal principles which have been upheld by the Supreme Court. It boosted my confidence when I was drafting cases on my own. Law is constantly evolving and reading judgements helps you stay updated on ongoing developments in the field. I would advise all students of law and amateur lawyers to read judgements regularly in order to understand legal procedure better.

     

    You thereafter practised in the chamber of Mr. Raja Thakre in the Mumbai High Court. Tell us about the most memorable case you dealt with there.

    One of the most memorable cases I dealt with under the tutelage of Mr. Thakre was an application seeking custody of my client’s stolen property. Mr. Thakre guided me through the procedure and was very encouraging. He also gave me the chance to make an appeal to the High Court, which was my first appearance in the High Court.

     

    How did working in the chamber of Mr. Raj Thakre make you aware of the difference between being an intern and being a practising lawyer?

    During my time working in his chamber I realised that I should concentrate on drafting cases and work on my arguing skills. I would listen to him with rapt attention whenever he was arguing in court. I also learned a lot from my other senior colleagues whose expertise in the field of criminal law was edifying.

     

    Tell us about the skills you picked up during your time with Mr. Thakre, and how that paved the way for your litigation career.

    When I joined Mr. Thakre’s chamber I was an amateur with raw skills. Mr. Thakre’s working style influenced me to a great degree. I was always eager to hear his arguments. Initially I used to attend magistrate court sessions with him. Then I started attending sessions court in Mumbai. While working there, I was thoroughly impressed with the drafting skills of his colleague, Mr. Chimalkar, who continues to remain an authority in criminal drafting. I was fortunate enough to learn the craft from the best. In Mr. Thakre’s chamber I attended full-fledged trials, right from framing of the accused till the pronouncement of judgement.

     

    You had a sudden change of heart and decided to try your hand in the civil and corporate field. What made you make the switch?

    After working for almost two years in criminal law, I realised that criminal law has its limitations and it is restricted to the IPC, CrPC and Evidence Act. So I decided to move to the civil and corporate field.

     

    Being someone who has practised both civil and criminal law, what are the factors aspiring lawyers should take into consideration before making a choice between the two?

    Someone who has had experience dealing with both sides of the coin will find himself at an advantage during a court proceeding. It helps you identify the criminal element in civil litigations and civil matters in criminal cases. I would personally advise young lawyers to familiarise themselves with both kinds of law in their initial days, before making a definitive choice.

     

    You have practised before numerous fora including the Supreme Court. Describe one memorable case you have dealt with.

    One of the most memorable cases I handled in the Supreme Court was the infamous case of paid news in the matter of Ashok Chavan, former Chief Minister of Maharashtra and my client Dr. Kinhalkar, former Home Minister of Maharashtra. This case was very challenging and I worked very hard on it. I had briefed the erstwhile Sr. Counsel Uday Lalit (now a Supreme Court Judge) that the opponent was led by stalwarts like Kapil Sibal, Abhishek Singhvi and Mohan Parashar. I handled this case for three years before the Election Commission of India, then handled it for two years before the Delhi High Court and further two years before the Supreme Court of India. We won the case before all the fora. This case gave me the opportunity to closely work with Sr. Counsel Uday Lalit. During these five years of litigation I have worked under immense pressure but never succumbed to it. This case is very close to my heart and I will always cherish it.

     

    Another forum you deal with is the NGT. What is your view on tribunalisation of justice in India?

    Tribunalisation of justice has been a successful endeavour in India. Tribunals reduce the burden on the High Court and Supreme Court. Also most of the crucial issues related to obtaining environmental clearance for mining projects or disputes pertaining to the same are now being promptly resolved because of the NGT. Earlier, these files would just pile up in the offices of the High Court and Supreme Court, with no action being taken for years.

     

    For a prospective lawyer looking to go into litigation, how important is it for them to have prior contacts to help guide them?

    For a prospective lawyer I don’t think prior contacts are the only way. Yes it does matter, but all of it is secondary to your competence in the field. The briefing lawyers will identify you and can send the counsel briefs. In this way you can make contacts. Also by joining the chambers of senior members of council you can build contacts. I am the son of a farmer, I had to start from scratch, with no resources at my disposal. That should be testimony to the fact that it is your ability that takes precedence over everything else.

     

    Did you have such contacts? How did it positively affect your career?

    I started off with no contacts. My only priority was so work hard and in the process I made the acquaintance of some very influential people. Knowing them has helped my career in litigation.

     

    Do you believe in arguing cases you have don’t agree with morally? Have you ever done it?

    That differs from case to case. As an advocate, I believe I am obligated to fight every case that comes my way. I was morally conflicted during a rape case that I was handling, but that case got dismissed altogether eventually.

     

    How do you cope with pressure in case of high profile lawsuits?

    During my sixteen years of experience in litigation (three year as an intern and thirteen years of practice) I have handled various high profile cases. There was enormous pressure but I always found myself handling it with relative ease. I love the adrenaline rush of a high profile case. It pushes you to outdo yourself, it keeps you motivated. I actually look forward to sleepless nights; I find that it helps me stay at the top of my game.

     

    From being an intern to having your own firm, you have done it all. What, in your opinion, are the defining characteristics of a successful litigant?

    I have appeared before all fora from quasi-judicial authorities such as the tahasildar, collector, commissioner, minister and from magistrate courts to JMFC, sessions court, civil courts, High Court, consumer forum, tribunals and finally the Supreme Court. Nowadays lawyers start practice directly at the Supreme Court. I firmly believe that all lawyers should practise before lower courts for at least ten years before moving on to the Supreme Court, as it is in the lower courts that you learn the most.

     

    If you had to give one piece of advice to our readers, what would it be?

    My only advice to readers is that if you want to become a successful lawyer, work hard. Have experience before quasi-judicial authorities, lower courts. Follow at least 5 full-fledged trials before joining higher courts. Furthermore, work with honesty. Nowadays, even litigants are in pursuit of lawyers who are honest, rather than successful. If you are honest, success will follow.

     

  • Somnath De, Advocate, Delhi High Court and Supreme Court, on practice in IPR and Cyber Law

    Somnath De, Advocate, Delhi High Court and Supreme Court, on practice in IPR and Cyber Law

    Somnath De graduated from Kalyani University in 2011 he went on to pursue his higher studies from Symbiosis Law School, Pune and completed his post-graduation in Intellectual Property Rights in the year 2014. During his college days, he actively took part in conferences and has completed several certificate courses in Cyber Laws. Post graduation, he started working under the guidance of Adv. Pavan Duggal in his renowned firm Pavan Duggal Associates. During his stint at Pavan Duggal Associates he handled a number of cases pertaining to his specialization of Cyber Law and IPR. Currently he is working at an IPR law firm, Vohra and Vohra. He is a senior consultant of Astrea Legal in Delhi Region in the IP and Cyber Law matters. Based out of Delhi, Somnath practises in both the Supreme Court and Delhi High Court.

    In this interview Somnath talks about –

    • His college days
    • Importance of mooting in college
    • His reason behind the decision of practising in IPR and Cyber law
    • National IPR Policy
    • His work-experience

     

    Hello Somnath, how would you like to introduce yourself to the readers of Superlawyer?

    I am an Intellectual Property and Cyber Law attorney. My work is to help people protect their ideas, inventions, and identity, and I deal with counterfeiting and online rights and responsibilities towards clients. I help them, protect them from competitors and establish them in the market place.

     

    Kindly tell us something about your childhood, school and college days.

    I was born and brought up in Bengal. I come from a business family, and therefore, I have no legal pedigree. I completed my primary and secondary school education in Bengal. Subsequent to completing school education, I completed my B.A.LL.B (Hons.) from Kalyani University, W.B. I pursued my LL.M. from Symbiosis Law School, Pune with specialization in Intellectual Property Law. My almae matres , both for LL.B and LL.M, laid great emphasis on extra-curricular activities. I was an active debater and presenter, and loved playing sports. I was very lucky to find good friends with whom I have the warmest of memories.

     

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

    I participated in a few moot court competitions as well as numerous national and international conferences during my college tenure. I have also penned a number of legal articles which were published in various national and international journals. However, apart from improving my legal skills, I love to play cricket and badminton, and to even engage in dramatics sometimes.

     

    How beneficial do you think mooting is for litigation?

    Practicing in court as a litigation counsel is a different ball game altogether. However, participating in moot court competitions can provide you with a very good idea as to what kind of lawyer you think you want to be. Writing skills and speaking skills are invaluable not only as a student but also when you enter the work force. Having to face a panel of well prepared and demanding judges in a courtroom setting can become an addictive experience. Therefore, participating in moot court competitions lays the roots to become a successful lawyer. A law student must make the most of these opportunities and should participate in as many competitions as possible.

     

    What exactly prompted you to take up law as a profession?

    Actually, there was no affirmed decision to take law on my part. It happened by accident and not by design. However, previously, i.e. during the time of my school days, I had already been introduced to subjects such as Philosophy, Reasoning, Logic, and Political Science, and this drew my fascination towards Law. Apart from that, I was fond of debating and reasoning. I felt that this would come in handy when I had to stand in court and argue on point.

     

    You have been practising in the cyber law and ipr law domain for quite some time. What made you choose these fields as the relevant areas of your practice?

    (Somnath has done his LL.M in IPR and is a certified cyber crime investigator and digital forensic investigator)

    I chose these particular fields because I am a strong believer in the digital format crucially shaping the future of the world. We are in an information age. We all are living in the digital world. The impetus came when I was in the 2nd year of finishing my LL.B. I used to read journals and numerous technological blogs and it was the complicated technicalities gradually surfacing including that of legal challenges faced by companies that motivated me to get into this nascent legal ecosystem.  In contrast to other disciplines of law, Cyber Law and Intellectual Property law was constantly evolving. I was fascinated by it and decided to concentrate my efforts in that direction. Then, I perused my Diploma in Cyber Law and after one year I became a Certified Cyber Crime Investigator and Digital Forensic Investigator.

    However, the advent of cyber space has brought newer parameters. The digital ecosystem that exists today has seen a dramatic increase in the scope of Intellectual Property Rights and Cyber Laws. Technology has become an integral part of our day-to-day lives and, consequently, the legalities pertaining to the Internet assume extra significance. The legal ramifications pertaining to Intellectual Property and Cyber security are being rediscovered regularly. Therefore, Cyber Law and Intellectual Property are emerging disciplines, as its contours are yet to be defined. The quantum of Cyber security breaches keeps on increasing with each passing day. That is what, even more than other factors, makes it such an exciting time to be specialising in Cyber Law and Intellectual Property Law as a new discipline of law.

     

    Apart from Cyber laws and IPR, what are the other areas of law that you are interested in?

    Apart from the Cyber Law and Intellectual Property, I am interested and am currently practicing in the fields of Media Law, Corporate Law, Completion Law and Constitutional Law.

     

    Can you please share with the readers your work profile so far? What is your average daily worktime like?

    After passing my LL.M, I got the opportunity to work with Mr. Pavan Duggal who had specialised in Cyber Law and Intellectual Property Law. After that, I joined Vohra and Vohra, which is a full service law firm, in the field of Intellectual Property and Cyber Law. Apart from this, I am an IPR and Cyber Law consultant to numerous organisations across India. As a legal professional, I have never declined any case or client however small and was least bothered about fees and other attending monetary issues. I think that such a mindset is instrumental for excelling in this field. As a lawyer, I feel, you should give sixteen to eighteen hours per day. As for me, after court matters, I come back to office. After completing my meetings, I prepare for matters which are listed to be heard the very next day. I believe you should plan out your day in such a way that you have about, say, four to five hours of unperturbed time when you can completely apply your mind to the case. I give two to three hours for my independent research works every day and staying up to date with current legal trends and international developments in my field.

    Law students seemed to remain confused on which particular field of law they should choose for his/ her career. What according to you should be the way of coming out from this maze of conflict?

    One of the key challenges is to match the pace of development in law. During your college days, you should do regular reading and be aware of legal developments, amendments to the law in India and elsewhere, cases, precedents and other development in the industry. I must say that you should absolutely listen to your heart in respect of which field you should choose to practice in. It must be something obviously which you are passionate about and have an ardent interest in; that is the key to build up one’s potential in this field and achieve your motive. Every arena of law has its own beauty. While it is true that should you opt for litigation you should possess a great level of patience, but the scope for litigation practice is widening day by day. Be focused, never lose hope and always keep trying. I also advise that you should choose carefully who you work for. Find someone who will teach you, groom you, pay you decently and mentor your practice after you leave.

     

    From a law student to a lawyer, how will you describe the transition?

    The beauty of this filed is that you will always remain a ‘student of law’. For me this is just the start of my journey, and there is still a long way to go. Things are harder than when I was in college. However, I enjoy my work and the challenges that I face every single day. Nevertheless, I definitely missing the life I once had with my friends.

     

    Your experience with the Bar Exam

    Well, the Bar exam, formally AIBE, was fun and totally relaxing for me. Apart from the actual examination and its concomitant experiences, it was also a kind of reunion with my friends. I was really pumped; questions were simple and only just needed a little application of mind. It was not a difficult encounter very much at all.

     

    Red letter day, so far

    I cannot discuss any specific case in detail due to confidentially. However, the classically antique day for me was when I dealt with a very high-profile case in mid-February, 2015, when we had to take an order at midnight from the Delhi High Court. I remember how there was no single restaurant open at the time to serve us any food. At last, we had food at a Gurudwara near Red Fort, Delhi. I had not slept that night and the next day I had to report early to the office to prepare for the subsequent hearing. Another one was when I started my practicing career. I had gotten the opportunity to deal with a matter independently. It was about setting aside an order and the matter was placed before the Division Bench of the Delhi High Court. The first item listed on the day of the showdown was my case. The case was really challenging. I was thoroughly prepared, and argued for twenty to twenty five minutes, faced numerous questions and clarifications as put forward to me by the Honourable Judges. During my argument, the Court Room was completely silent except the reverberation of my own voice and at the end of the arguments I had bagged an order in my favour.

     

    Any unpleasant or difficult case/ situation in the courtroom or outside

    There are ups and downs, which is part of this profession. Sometimes, really closely listed matters can become nightmares. To read voluminous documents and then complete the draft within time is a difficult situation. Therefore, it’s very important to manage time smartly and to be well versed with all the intricacies pertaining to the concerned matter.

     

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    Your take on National IPR policy

    I applaud the Government for effectively bringing this far reaching document which kindles creativity and innovation across sectors and also facilitates a stable, transparent and service-oriented intellectual property rights administration in the country. The said policy is enormously relevant for a country like India, being a repository of indigenous creativity and traditional knowledge. Further, by this policy, the Government is attempting to resolve the adjudicatory delays in the newly designated commercial courts. The policy further advocates generation of IPR, which will encourage start-ups and safe guard their Intellectual Property, which is the need of the hour given India’s massive strides towards a digital society. However, the said policy should not remain as a paper tiger; the Government should implement the goals envisaged in the practical world in full phase and plan out for proper mechanism, as the same policy is in a comparative context a directive that needs a fresh look.

     

    Your opinion on the challenges before IPR regime in India

    At the very outset, there is lack of awareness about Intellectual Property protection among many stakeholders. I must stress that a detailed annual plan ought to be there on spreading awareness about Intellectual Property Rights and the involved legalities alongside interactions with all possible stakeholders. There should be a quicker approach to reduce delays in clearing Intellectual Property applications to encourage innovation and entrepreneurship, which are also one of the seven pillars of the National IPR Policy. Furthermore, India faces challenges to its IPR regime as developed countries try to put in place an even stronger framework through mega regional trade agreements such as the Trans-Pacific Partnership. India needs to create its own culture of innovation for its people and grow at a rapid rate. Apart from that, India is facing challenges of online piracy, data protection, vulnerability of trade secrets etc.

    Where do you want to see yourself five to ten years from today?

    My first aim is to build my expertise in my domain. I would like to be an attorney who will make sure every client who comes to me is satisfied with the quality of services and gains trust. I would also like to earn the respect of my seniors, peers and colleagues. Since I love to interact with people, I would additionally like to become an academician in my field of expertise alongside practicing as an attorney.

    Any piece of advice you would like to pass on to the readers?

    You should have the right kind of attitude towards the legal profession. It’s always advisable to think out of the box and be innovative in order to develop the culture and personality of a true legal professional. One should be determined, patient and remember that there is no alternative to hard work. You should always have faith in yourself and should never be disappointed, as failure is an integral key to success. It’s always advisable to stay up-to-date with both the national and international developments of your chosen field of law.