Super Lawyer

Tag: Supreme Court

  • Enatoli Sema, on being the first from Nagaland to crack the AOR exam and work experience with Mr. Neeraj Kishan Kaul

    Enatoli Sema, on being the first from Nagaland to crack the AOR exam and work experience with Mr. Neeraj Kishan Kaul

    Enatoli Sema graduated from Campus Law Centre, Delhi University in 2005 after completing a Bachelor of Arts degree from St. Stephen’s College. In the pursuit of her determination to do litigation, she joined the chambers of Mr. Neeraj Kishan Kaul, Senior Advocate before starting her independent practice in the Supreme Court. Being the first from Nagaland to have passed the AOR examination of the Supreme Court, she talks in this interview about:

    • Her decision to pursue law
    • Experience at Campus Law Centre
    • Professional and personal challenges after graduation
    • Working at the chambers of a Senior Advocate
    • Cracking the Advocates-on-Record examination
    • Following her passion for litigation

     

    Please introduce yourself to our readers. Where did you grow up and attend school? What was your initial career plan?

    My name is K. Enatoli Sema, I come from the State of Nagaland. I grew up in Kohima and that is where I did part of my schooling and then shifted to the Convent of Jesus & Mary, a boarding school in Shimla.

     

    You completed your Bachelor’s degree from St. Stephen’s College in Delhi University, which is a very prestigious and difficult college to get admission into. How was your college experience? Did you decide from the beginning to study law after graduation?

    I feel privileged and blessed to have attended this prestigious college during the most crucial years of one’s life. It is during this period that I was constantly faced with situations and circumstances that questioned my roots, faith, identity, foundation and my core values. At first, I did not know how to respond to them but as a result I was forced to grow up and decide who I am and who I want to be rather than being defined by others.

    Studying law was also an option for me because of my family background but I was not too sure if I really wanted to do it immediately after graducation. In fact, after graduating from St. Stephen’s and after a year in CLC, I took a gap year just to be sure that I really wanted to study law.

     

    How was your law school experience? Looking back, do you wish you had done anything differently?

    (Enatoli graduated from Campus Law Centre, Delhi University in 2005)

    CLC was a very different experience altogether, something I wasn’t prepared for. I realised how sheltered and protected I was in St. Stephen’s. At first it was overwhelming, the sheer number of students in the class was enough to make you feel small and insignificant. There were some classes I enjoyed more as compared to others. We had execellent faculty members because of whom my love, interest and curiousity for law started. The one thing I wish I could have changed about law school was probably being more active in campus. I would usually try and find a quiet place in a corner and read and did not interact much.

     

    How was your first year after graduation? What were your thoughts and in hindsight how did they work out?

    The first few months after graduation was difficult for me. Nothing prepares you for what you are going to face especially if you choose to do litigation. There is no similarity between the theory and practice and it takes time to get used to it. As time passed, I grew more intrigued with the drama and process of how law evolved in court room proceedings. My first year went just fine, there is nothing I would like to change about it. But yes, I wish someone would have told me that it is OK to feel lost and clueless in the first few months of practise and that everyone goes through it.

     

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    You worked as an associate in the chambers of Senior Advocate Neeraj Kishan Kaul from 2007 to 2009. What did your work consist of? Were you free to take up your own cases, independent of the ones your senior allotted you?

    Joining the chambers of Mr. Neeraj Kishan Kaul, Senior Advocate, was the one of the wisest steps I took as a young lawyer who was interested in doing purely litigation. Being in the chamber of a Senior Advocate, the work of the junior associates mostly revolved around legal research, analysis and assisting him with our notes and preparations. Working in his chambers trained and exposed me to the basics of law in a variety of subjects within a short span of time. In his chambers, I was not only taught law but I also learned professional ethics and discipline which is crucial for any Advocate who views this profession seriously.

    Mr. Kaul’s chamber was very demanding as working in any top notch Senior Advocate’s chamber would be so there was really no time to take up any independent cases and since I was just freshly out of law school, I don’t think I had the experience to take up cases on my own.

     

    You became the first from Nagaland to pass the AOR exam of the Supreme Court. How did you prepare for it? What do you think are the reasons that no person from your state has ever passed it?

    As I started my independent practise in Supreme Court, I realised that it was very important for me to take the AOR exam. I was encouraged and guided by AOR’s who had taken and passed the exam. I was blessed to get sound advice and guidance by fellow colleagues who were already AOR’s.

    There are very few lawyers from Nagaland practising in Supreme Court and partly that is the reason why there were no AOR’s from Nagaland. I hope that in the coming years there will be many more AOR’s from Nagaland.

     

    Please tell us more about the AOR exam. When do you think one should start preparing for it and attempt it?

    It is important to familiarize yourself with the syllabus and the study material that is available for taking the exam. I started preparing for it around the month of February-March since our exam was in June. It is always better to start preparing earlier because you have to juggle your work and studies at the same time. Sitting for an examination after years of gap did not help but the idea is to remain focused and hydrated in the Delhi heat! For me attending the lectures given by the examiners helped a lot while studying because they give you an insight of what to expect.

     

    Currently, you are Standing Counsel for the state of Nagaland in the Supreme Court of India. What do the duties and responsibilities include?

    Being a Standing Counsel for any State is a matter of great honour and a privilege. Since I have been away from Nagaland for so many years, personally I see it as a chance to stay connected to my people. I also see it as an opportunity to contribute towards my society as a legal professional. The duty and responsibility is to ensure that your State is effectively represented and that the Government is given sound legal advice and guidance at all times.

     

    What are your plans for the future?

    As of now, the only plan is to be a lawyer whose work is respected.

     

    Lastly, what advice would you give to law students wishing to make a career in litigation?

    Litigation has its share of fun and adventure but it is also taxing. Choosing to do litigation while your other friends from law school may be joining fancy law firms is certainly tough. But if your heart is in litigation and that is what you want to do, then don’t let go of your dream and be prepared to slog and work hard towards it.

    When I expressed my desire to do only litigation after a year into practise, I was advised and warned by a wise man to be prepared to put in a lot of hard work for at least 10 years. As a naive young lawyer, I thought that that his ‘old school’ philosophy talking. I now understand what he meant. This profession, specially litigation will also remain ‘old school’ and I hope that it continues to do so. There is no short cut if you want to be someone who truly works for justice.  So, take your time to decide if litigation is really what you want.

  • Sanjay Hegde, Senior Advocate, on building a legal practice, arguing on landmark cases and on legal journalism

    Mr. Sanjay R Hegde, is a Senior Advocate at the Supreme Court of India. He began his illustrious career back in 1989 while working as a lawyer with M/s Mulla & Mulla & Craigie Blunt & Caroe Solicitors. He gained his LL.M while at work and thereafter moved to Delhi to practice in the Supreme Court in the Chambers of Senior Advocate Mr. G. Ramaswamy. During this period he worked on several high profile cases, appeared for the Government of Indian before an international arbitral tribunal and from 1996 to 2004 was on the Union of India’s arguing panel before the Supreme Court. He also worked for a decade as the Advocate on Record for the State of Karnataka and thereafter focused on private practice. He has frequently engaged in legal journalism including appearing on television panels and writing as a columnist for newspapers.

    In this interview, he talks to us about:

    • His career choices and the reasoning behind them.
    • His experiences in the various roles and offices he has assumed over the years.
    • His opinions on miscellaneous topics – the importance of mooting and writing for students, ADR in International Law and legal journalism.
    • His advice to law students while studying, practicing and moulding their careers.

     

    Please elaborate on the motivating factors which helped you in choosing legal studies.

    I assume you mean, why did I decide to study law? Well, in our days, choosing a career in law, was not a matter of choice but circumstance. Often one did not set out to become a lawyer, but did drift into the profession after exhausting most other avenues. My father was a lawyer as was his uncle and grand-uncle. So as the first of five children, of a not very successful lawyer, a legal career, while available was not necessarily a first choice. I did law, while working in a computer company and studying for the civil services examination. I also did an LL.M simultaneously while working with Mulla & Mulla.

     

    Please tell us about how you decided to pursue litigation. Were you considering any other opportunities?

    I got selected by the UPSC for a non-IAS service, which I kept on hold for a couple of years, while I started out in the Supreme Court with the then attorney general Mr.G.Ramaswamy who was my guru in court-craft. I had been a debater and a quizzer in my times, so a quiet life behind my desk in a solicitor’s firm (that’s what we called corporate law then), did not appeal to me. It had to be courtrooms or nothing in my case.

     

    How were your years in college? Did your study prepare you in any way for real-life practice in Courts?

    When I see kids in law schools these days (my son included), prepare so hard with presentations and papers, I am reminded of how little I did in college. I did spend good time in my law college in Bombay (K.C.Law) making friends and eating sandwiches from Ramesh Sandwichwala. My life as a law student, was evening classes after work in my computer company’s administrative job. I attended classes which had good teachers and neglected other subjects. I passed the examinations with undistinguished marks and often found that I scored badly in subjects which I knew well by studying original texts. In those days, examiners had got used to answers mugged up from guides (three test papers) and original stuff may have fazed some of them. Suffice to say, the course did not prepare me for life in court, but I did learn a bit by tagging along with my father and his friends.

     

    What should a law student do, in your opinion, to shape up his profile for litigation?

    Practice simple things like public speaking and elocution. You would be surprised to see how badly some people express themselves in court, and how judges are grateful to any lawyer who can clearly state the problem, before attempting to persuade them to his side. Some experience of dramatics and the stage are also useful. Both Kapil Sibal and Rajeev Dhavan, had experience in theatre which went a long way towards making a courtroom presence.

     

    How important do you think Mooting and Academic Writing are for a Law Student aspiring to become an Advocate?

    Both are very important. Mooting helps you deconstruct issues, prepare memorials and briefs and present them to trained minds. Writing is even more important. An ability to clearly express oneself in writing, in simple sentences, is the hallmark of a good mind. While taking people on board, I am more likely to choose, someone who can give me a quick written note, than someone who can turn a wonderful phrase in conversation.

     

    After your enrolment at the Bar in 1989, you worked in Mumbai for a period of three years. How did these formative years mould you as a lawyer?

    They taught me about handling corporate client problems, and how to turn around work reasonably quickly. More importantly they taught me the value of friends in the profession and the constant peer-review that always accompanies life at the bar.

     

    You have a rich experience of working under Mr. G Ramaswamy, Senior Advocate and former Attorney General. You have also assisted several distinguished Senior Advocates at the Supreme Court. Please tell us about your work under them.

    Each senior advocate addressing the court, is essentially a performing artiste. At the end of the day, he is not so much concerned with the judgment which is the judge’s job. He is concerned that his performance was the best that could be summoned from within him and that it best expressed all the points in his client’s favour. Mr Ramaswamy had an amazing depth of knowledge and experience, which enabled him with a bare instruction on facts, to argue for hours and place a case in its entire legal perspective. He had the ability to hear a whispered phrase as an instruction from the advocate by his side, and to know exactly what was meant and what needed to be said. In other words, an amazing pickup on the fly. I find the same ability in Sibal and Rohatgi, as well as Salve and Fali Nariman. The latter two also share the breadth of learning that GR had, and Mr Nariman particularly is almost oracular in his wisdom. Among the others I have instructed Mr Sorabjee, stands out for his ability to hit all the right notes without making it seem too heavy, Mr Ashok Desai’s ability to paint a picture and scrap through to a conclusion without angering anyone is a gift to be envied. The late Goolam Vahanvati must be mentioned for his understated, efficient manner of delivery and his incredible ability to turn around written submissions and pleadings in a very short time.

     

    Many students aspire to practice at the Supreme Court and High Courts. Should a student first practise at the Trial Court to learn the nuances, or is it fine to start at a High Court itself?

    I’d say go wherever there is enough work to keep you occupied. Do not get hung up because you hang around the superior courts, do not feel low in the lower courts. A good grounding in the trial courts, stands you in good stead thereafter. Mr Ramaswamy spent 11 years in the trial courts before moving to the Madras High Court and his base in civil and criminal law, gave him an advantage over his peers who had been appellate court lawyers throughout.

     

    What are the differences that you see between a practice in a High Court and a practice in the Supreme Court?

    The Supreme Court has greater turnover and greater mortality. In the Supreme Court, you prepare a lot, only to see it destroyed in a two minute performance. High courts are more relaxed but more time consuming.

     

    What is your opinion on the recent judgement of the Supreme Court which upheld the ‘Collegium’ system?

    (Mr Hegde had appeared for Union of India In Re: Special Reference 1 of 1998 i.e. The Third Judges’ Appointment Case).

    I did assist Mr Sorabjee the attorney general in the Third Judges case. That judgment and the current one, all revolve around independence of the judiciary. Can we have independent judges, if their appointments are made by politicians? The court is part of the political system in a manner of speaking, how far can you keep routine politics away. Has insulating judges, resulted in the creation of a self-perpetuating jurocracy? My personal opinion is that the striking down of the NJAC, is a good blow for judicial independence, especially in an era of majoritarian politics.

     

    How effective, in your opinion, are Alternative Dispute Resolution mechanisms in International Law?

    (Mr Hegde has appeared before an International Arbitral Tribunal for the Union of India.)

    Well my case was the Government versus Suzuki Motor Corporation which was essentially a private contractual dispute. But in public international law, in the absence of pre-decided judicial forums, alternate dispute resolutions are often the only options available.

     

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    Could you elaborate on your experiences as an AOR for Government of Karnataka?

    (Mr Hegde has been an Advocate-on-Record for the Government of Karnataka at the Supreme Court for a period of ten years, during which he handled many sensational and landmark cases, like the Kaveri and Krishna Water Disputes, Rajkumar Kidnapping case, Swami Shraddhananda case etc.)

    It was personally exhausting, tough and immensely educative all at once. As long as one was not bothered about being adequately paid for the effort, working for the state made me the all-round lawyer that I am. I learnt Criminal law and indirect taxation on the job. A wealth of memories include a chief minister being hauled up for contempt, a chief secretary’s perjury prosecution being stayed, a godman or two being kept in jail for a long period of time. I remember early on Rajkumar being kidnapped and the state preparing to release his associates, till Justice Bharucha yelled, “If you can’t govern constitutionally, then quit”. A few years after the incident, some of the same associates, got death sentences in appeal, where the TADA court had given life imprisonment. So many memories require a book and not a question.

     

    Other than the Supreme Court, you have appeared before various fora, how is a practice before these Tribunals different? What is your opinion on “Tribunalisation”?

    (Mr. Hegde has appeared before many such tribunals as CESTAT, TDSAT and NGT.)

    Tribunals are more specialised areas and often the monetary impact is much heavier than normal courts. I do think that tribunalisation is the way to go, though courts have increasingly frequent misgivings. After all judges can’t know everything about complicated technical decisions, but experts in these fields can make decisions if judicial members control the fairness of the process.

     

    You are a designated Senior Advocate of the Supreme Court of India. How is the life of a Senior Advocate different from a normal Advocate? How do you manage the responsibility?

    A senior advocate is a bit like a taxi for hire, for day and date only. If the ride is not smooth he is unlikely to be hired again. But flippancy apart, the biggest responsibility is to give the client and the briefing lawyer, a pre-view of how the case is likely to be appear to the eyes of a judge. A good senior will in all probability leave you with a forecast of how the game will play out in the court and should advise you on your best options, including the negotiating of a settlement if one is possible. Unfortunately people come to seniors at the last minute to try for a win but not for the available reasonable option, of a realistic assessment of their chances in court.

     

    You are a well-known newspaper columnist and Television Panelist on pressing legal issues. What, in your opinion, is the future of legal journalism as a career, for aspiring people?

    There is a great demand for people who can decode legal processes and put it in simple terms that an ordinary viewer or reader can understand. We still have to develop a culture of great legal reporters in the mould of an Adam Liptak, a Joshua Rozenburg or a Dahlia Lithwick. Indian reporters, out of fear of contempt laws, often tend to get into bare bones reporting of fact, without too much accompanying analysis.

     

    Students tend to take up plush Corporate Firm jobs, as they find the prospect of an initial struggle at the Bar scary. What would be your message to them?

    They are right to choose whatever makes them comfortable. After all many of them are first generation lawyers, who have spent fortunes on their education and need to start earning as soon as possible. However a law school must provide you with the ability to make decisions and see them through to fruition. If litigation is your thing stick by it, keep working away, offer your services free if needed, to lawyers who are too busy or too tired to attend hearings. If you keep pegging away, cracks will appear in seemingly closed doors and you will make it. Keep going without getting disappointed or turning to drinks and the like, and you will find your niche from which to grow.

     

    What advice would like to share with our readers who are mostly young lawyers and law students?

    Be curious, read a lot, keep writing from time to time, but argue everything, every time, even if it is within yourself. For a lawyer, the unargued life is not worth living. Have fun and stay within the boundaries of truth. The world will accept you and find a use for you.

     

     

    This interview was taken by: Shreesha Kailankaje, IV year, GNLU, Gandhinagar

  • Gopal Sankaranarayanan, Advocate, Supreme Court of India, on building a career in litigation and on legal writing

    Gopal Sankaranarayanan, Advocate, Supreme Court of India, on building a career in litigation and on legal writing

    Gopal Sankaranarayanan is an advocate at the Supreme Court of India. He graduated from NLSIU, Bangalore in the 2001 batch, immediately after that he went for a Masters in Criminology from the London School of Economics. A prolific writer in various journals and leading dailies, a co-founder of Care For Air, an independent, volunteer organization and a successful practitioner of law, Gopal speaks to about:

    • His college and university experiences.
    • Mooting – the culture and its importance.
    • Helping Bhutan draft its Constitution
    • Legal writing, research and his new project Care For Air.
    • His views on Section 498-A and his advice for being successful in both personal and professional spheres.

     

    Could you please introduce yourself to our readers?

    I am a son, husband, father and friend. I am also an Advocate of the Supreme Court.

     

    You graduated from NLS Bangalore in 2001. How was preparation for the entrance exam like then?

    The entrance exam in the mid-90s was very different from what it is now. There were fewer candidates taking it then – a few thousand or so – and the questions were fairly straightforward Math, English, GK, Logic and Legal Reasoning. With time, they have become more complex, and with the advent of the CLAT, fairly random, inconsistent and thoughtless, which is why I am helping my friend Prof. Shamnad Basheer in his challenge to its arbitrary nature which is pending in the Supreme Court.

    Preparation for me when I took the exam was interesting. I took it twice, in fact. The first time in 1995 with less interest, a week after a teenage romantic heartbreak and which led me on to the NLS waiting list and then St.Joseph’s College in Bangalore for a year. That was probably my best year of College – I travelled the country for literary fests, I bunked classes to have beer at Brigade Road and investigated kabab roll joints across the city.

    The second time the following year I spent a week reading that godforsaken Competition Success Review and flipped through the equally mammoth Manorama Yearbook to figure out who had won the Padma Vibhushans and to understand what GATT was. It didn’t help. But what did was the fact that a friend was in NLS and she gave me a few ideas, most important being to finish all the questions. I weaselled my way in, though if the faculty had any idea, they would have nipped it in the bud!

     

    How was your time at NLS – could you share your experience with us?

    My time at NLS was a lot like life. It was a microcosm of India – girls and boys from across the country from a variety of backgrounds all thrown into this melting pot– there was competition, pettiness, talent, imagination and insecurity. I tried my best not to change who I was (which wasn’t a great idea because I have a prickly personality!). As a result, I tried everything, giving academics the least priority. I played a lot of sports, and was most partial to Cricket and Hockey. I mooted nationally and internationally, helped co-found and convene our annual fest LeGala led by the wonderful Meghana Abraham, participated in literary and cultural events across the country from all the IITs to BITS Pilani’s unparalleled Oasis, sat in dive bars in Nagarbhavi, did all-nighters with cigarettes and dumb charades, danced and sang, choreographed fashion shows, and loved my internships with K.K.Venugopal, Zia Mody and Karanjawala. Subject wise, I fell in love with Constitutional and criminal law and fortunately, that affair continues.

    I made some very dear friends at NLS – many for life, and I am happy that their interactions have made me richer, while not necessarily enriching them! One of those collegemates now shares her life with me, though she claims she barely noticed me then.

    On the flip side, I had my share of controversy and run-ins with the faculty, a few of whom completely lacked the emotional maturity to deal with young people. There were others, like Prof.N.L.Mitra who probably saw some potential in my rebellious streak, and when I objected to the undemocratic manner of NLS student elections, he allowed me to form a Committee to revise our Constitution. That effort thankfully bore fruit largely due to the efforts of P.M.Thimmaiah and Nandan Kamath.

    In my entire tenure at NLS, there were very few members of the faculty who really had what it took both academically and emotionally – A.K.Rai and V.S.Mallar were the exceptions, and the blame for this lies at the doors of a series of Vice Chancellors who were insecure and lacked the imagination to encourage young academics to truly flourish.

     

    You did your Masters in Criminology in the London School of Economics. Tell us a little about your time there.

    I guess the fact that I didn’t seem like a nerd appealed to LSE when I applied seeking to enlarge my passion for theoretical criminology. At the time, LSE was still a part of the University of London and we had multiple faculty across King’s, UCL and SOAS taking a single subject. I knew Nicky Lacey was at LSE, and that’s why I applied, but to have the erudite Robert Reiner and the accomplished Ben Bowling (now Deputy Dean at King’s) teaching us about feminist theory, stop-and-search and media manipulation was fantastic. The rigour they expected and the inputs we got from international students made the subjects so much more attractive. As we could opt for a non-specialized subject as well, I chose International Law of Armed Conflict & Use of Force, which was helmed by Prof.Christopher Greenwood (now a judge at the ICJ). Greenwood to me sums up everything a Professor ought to be – charming, informed, witty, humble and extremely disciplined. While he taught us, he was also a Queen’s Counsel, advising the British Government on the invasion of Iraq (this was shortly after the September 11 attacks), editing the ILRs (with Lauterpacht Jr.), churning out a series of articles in the top International journals, appearing before the ICJ and also taking 4 other courses on law. Teaching one course at the Masters level can be exhausting – to do all this is superhuman. Along with Greenwood, giants like Christine Chinkin and Rein Mullerson (Gorbachev’s former Advisor) brought into sharp perspective the practical real-life experience that is so necessary for a good academic. I could probably bore you to death about how the approach of teachers in the UK ought to be emulated here – so that they give you some respect and treat you as equals, or at least sentient beings.

    Apart from the classes, which after a long while, I truly enjoyed, I also played Hockey for LSE’s First XI team, and won medals for the Universities League and Championship that year. We trained under the shadow of the iconic Battersea power station and I will never forget freezing my butt off while running around on this Pink Floyd pitch.

     

    What is the value addition of a Masters in your career?

    I think if you are curious and you like to learn, you should always step beyond our shores to try and experience that world. For me, my Masters was always just going to be knowledge for the sake of it, as I had no plans of working in London and was coming back to practice. I have almost never used the actual lessons or the subject matter of what I was taught in my practise, but the tools of research, of pithy presentation, of verification of sources, of comparison, of context I apply on a daily basis.

     

    What has been the role of sport in your college days and thereafter? What role do you think sport plays in getting a postgraduate seat?

    I was and continue to be passionate about sports. I still play tennis, badminton, basketball and golf as time permits, and whenever Amit Sharma remembers, I will turn out for a day-night cricket match! As the great American broadcaster Heywood Broun said – “Sport doesn’t build character. It reveals it.” If you allow it, it can be the most defining aspect of who you are. Sport has taught me passion, camaraderie, leadership, sharing and loyalty. It has given me perspective about everything else I do because it is so inclusive and rewarding. You don’t have to play it, you don’t have to be good at it, you don’t even need to understand it to actually be moved to tears when something great happens. I haven’t seen anybody crying enraptured by a great argument in court or a wonderful contract clause. If I were unwell, I would probably skip Court, but I have stepped onto a cricket field with one hand in a cast, and shared a 45 run partnership for the last wicket with Siddharth Agarwal, who now knocks it out of the park in Delhi’s criminal courts.

    During my years as a lawyer, I have been happy to see the seniors at the bar readily reach for their cheque books when I approached them to donate for Shiva Keshavan’s luge at the last Winter Olympics, and my own recent experience as Secretary of the Lodha Committee has been very rewarding in helping formulate policy at the highest levels of one of the world’s most watched sports.

    As far as your applications question is concerned, I can imagine sport playing a big role if you apply to Universities that have strong sports agendas (Duke, Michigan, etc.) or if the evaluator is partial to sport. But if you are unfortunate to have your exquisite essay read by a serial academic topper who frowned at such frivolities, you are up the creek without a paddle.

     

    What are some of the important observations you have found regarding the moot culture in India in recent years, when you have acted in the capacity of judge?

    I have had varying experiences. I know it’s very tough to know what to prioritize before which judge – some prefer citations, some (like me) love to go into the facts and work the angles, others just want to show how much they know. There are, however, 3 basic things I tell mooters –

    (1) Dont interrupt the judge, but please don’t be obsequious;

    (2) Stick the moot problem on your bedroom door and read it a hundred times – it always throws up something new;

    (3) Use real life examples to illustrate your point and make it simpler to understand (this is actually the Mukul Rohatgi staple!)

     

    What role do you think mooting should play in a law student’s life?

    I think it has its place. It shouldn’t be an overarching priority because there is so much else on offer in your 3 or 5 years at college. For most young people, this is your last free stretch before responsibilities overtake you. If you can, enjoy it by doing other stuff and meeting new people. This might be the time to walk over and talk to that girl or guy who sits quietly in the second last row without interacting with anybody. Go over, have a coffee together and figure out what makes them tick. Not as a social experiment, but just because it is what humans ought to do.

     

    Will you give us a brief recount of the time you helped the Kingdom of Bhutan draft their Constitution?

    This really happened by chance. I was in the Chambers of K.K.Venugopal, Sr.Advocate [KKV] and he was approached by the erstwhile King of Bhutan, Jigme Singye Wangchuk to advice on a Constitution. He is quite a forward thinking man, and as a monarch, realized that a Constitutional set-up would be a progressive one. There were many interactions with the Law Minister and the Chief Justice of Bhutan, accompanied by their advisors. Their initial draft was a mish-mash of the UDHR, the ICCPR, the US and Indian Constitutions. KKV spent hours reworking it while I researched the areas that required special attention and suggested alterations where necessary. This was not an easy task for two reasons: One, it required me to fully understand the development of South Asian constitutional law, and Two, KKV almost always asked me questions to which I had no answer! Eventually, the Constitution came into force, with KKV playing the role of Bhutan’s Ambedkar and B.N.Rau rolled into one, while I visited Thimphu in 2008 and sat in their Parliament watching their most polite legislative proceedings.

     

    You have several publications to your credit. Tell us a little about writing legal articles and research in a lawyer’s career.

    Research is compulsory. Articles are voluntary. Just as with moots, I spend several hours reading caselaw, online articles and books to come to terms with a legal point. If it is a considerable one which I believe the public would like to know about, or an anomaly, or something which is just patently unfair, then I feel compelled to publish. I write from the heart, and I know that often candour is unappreciated, but it also corrects an incorrect impression that people may have. I believe legal writing should be so exhaustively researched that there can be no doubt that it is original and that also there is something novel to say. Also, anyone interested in writing should attempt to have their work spread across multiple publications so that there is no suspicion of nepotism or partiality.

     

    Is there any habit or skill you picked up over the years that you believe is critical to a lawyer’s success?

    Integrity. If you try to mislead the court or try pulling a fast one on a colleague, the ephemeral pleasure will ruin your reputation for life. Before you know it, judges and lawyers put you down as someone whose word cannot be trusted, and their displeasure starts dampening your performance. While hard work and application are important, they are meaningless without the respect of others.

     

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    Tell us a bit about your love for Constitutional law and work experience.

    As I mentioned earlier, this was something born out of some invigorating classroom discussions we had in Law School with Profs. Mallar and Vijayakumar.

    When I came into practise, I started assisting KKV in some Constitution Bench cases and I realized how much reading it involved. A turning point came when Mr.Fali Nariman, after seeing me assist KKV in a matter recommended me as his junior counsel for the 9-Judge Constitution Bench hearing the scope of the Ninth Schedule [I.R.Coelho]. I was overwhelmed by his generousity, and later by the fact that preparing for it meant I had to read Golak Nath and Kesavananda cover to cover! It was a brief 5 day hearing under the strict gaze of Chief Justice Sabharwal, and we subsequently succeeded, but even if we hadn’t, it was a personal achievement – to spend hours brainstorming critical aspects of our Constitution’s fundamentals and then to assist one of our finest minds in putting it across.

    Subsequently, I spent 4 continuous months on the reservation challenge in Ashoka Kumar Thakur and learnt that nothing about Constitutional law is easy or brief. It requires rigour and reading, and while it takes time for an opportunity to come your way, it invariably will. I was thus fortunate to address the Constitution Bench concerning the postponement of reportage [Sahara v. SEBI] and to successfully challenge Section 6-A of the Act setting up the CBI [Subramaniam Swamy]. Recently, my arguments on vagueness and liberty were accepted by the Bench that heard the challenges to Section 66-A of the IT Act [Shreya Singhal] and also struck down Section 118-d of the Kerala Police Act.

    At NLS, we were taught one trimester by the late Justice A.M.Bhattacharjee, whose unique grasp of the subject is best reflected in his book “Equality, Liberty & Property” [now out of print]. I remembered his Chapter on Privacy when we were doing the AADHAR case earlier last year, and it was this little bit of stray reading which allowed us to have the case referred to the Constitution Bench, doubting the correctness of how Kharak Singh had been followed. So, you never know when a little extra can come to aid!

    Outside of its use in the Courts, I was always fascinated that while the Constitution was our most important textual document, we had little general knowledge about it. How many Indian homes have a Constitution? But many have the Gita, Bible or Koran. The more I realized how Indian courts have made the Constitution such a dynamic instrument of social change, I felt something needs to be done to increase its reach. An early suggestion to Sumeet Malik from the Eastern Book Company to have a coat pocket edition of the Constitution bore fruit, and the slim leatherbound volume of which I am the proud editor is now in its ninth edition. It is an endeavour to have it in every home soon – our entire Indian cricket team have personal copies and this was what was presented by the President to Arvind Kejriwal when he visited him on the occasion of his election last year.

    I also conceived of an Oral History project which was implemented by Rainmaker, where we conduct and upload free on YouTube hour-long video interviews with the doyens of the legal profession so that those who might otherwise not have a chance to interact might have access to their lives. Soli Sorabjee, Iqbal Chagla, Harish Salve, Gopal Subramaniam, Ashok Desai, Raju Ramachandran, Goolam Vahanvati, and several dozen more have shared their life stories.

    Things like this, apart from actually arguing in court, are way more fulfilling, as they allow your countrymen to slowly become aware of their Constitution and their rights.

     

    What are your views on Section 498-A and the realities of its application?

    I think, much as the Supreme Court itself has, that this provision is being abused often. In some States there are police advisories not to automatically arrest the accused in such cases and to be cautious. Marital discord is usually irreparable once you reach this stage, and the deepset rancour coupled with the lethargy of our judicial process eventually leaves the victim (husband or wife) with no way out of an unhappy situation. Based on my Note, the Supreme Court recently laid down guidelines in Arnesh Kumar, but I don’t know how it is being implemented in the respective States.

     

    How do you manage your professional life and personal life? Do you keep both separate?

    Actually, I don’t. I am thankful that my wife Haripriya Padmanabhan (also a Supreme Court advocate) is such an excellent multi-tasker – she does her Court work (much better and more thoroughly than me), she manages our three kids, she cooks wonderfully and she discharges her role as the Secretary of the school PTA, so that all I really have to manage is my own practise!

    One of the things Haripriya and I agree on is that family is more important than anything. Thus, we have our office a mile away from home so we can be close to the kids, but we don’t work on anything together. We have our distinct practise areas (she is more into commercial litigation, education and civil law) and we never discuss law at home. Our work grants us the flexibility to be home with the children during the day and when there is pressing work, we work into the night after they sleep.

    It’s not easy, especially when you come into Delhi from outside and you don’t have grandparents around, but with patience, luck and friendship, you will always find a way.

     

    What do you do in your free time? Have you continued activities related to literary and debating (as you were given awards for the same in college)?

    I love films, books and music. The arts have always been my weakness and I collect what I love. Travelling Wilburys, Billie Holliday, Sam Cooke, Guru Dutt, Stanley Kubrick, Wong Kar Wai, Watchmen, Sandman – I love them all.

    Recently, a more grim issue has taken up my time – air pollution. It is something that is slowly enveloping our cities and making India unliveable, particularly affecting the very young, the pregnant and elders. A few of us have founded Care For Air, [www.careforair.org] an organisation aimed at raising awareness about the problems and solutions regarding the toxic air. We make presentations to school and residential communities and continue to spread the message.

    L&D-wise, one of the things I do on an annual basis is to host MyLaw’s A Question of Law, a quiz on law for lawyers, law students and the general public on Law Day (November 26th). Its light hearted and fun, which is evident from it being conducted at Monkey Bar! We just finished 5 years of that, and it is a lot of fun with several hundred participants and regular rounds of tequila shots.

     

    Do you have any parting advice for all our readers out there?

    Just one: tomorrow, you could be hit by a truck, so don’t keep worrying about your majestic long-term goal. Keep small workable milestones which have nothing to do with your peers and where they have reached in their lives. Make time for sport or music or painting or language or whatever you enjoy. Try and travel, even to small places nearby. Don’t let work come in the way of your important relationship moments (weddings, birthdays, anniversaries, even funerals). If you have a partner or a child, try and be there for his or her doctor’s appointments or school performances or shows. When you’re 55 with an empty nest, you won’t remember which case you were arguing when your daughter was winning the relay.

    As the windows of Chartres Cathedral will tell you, as long as we are on the shoulders of the giants who came before, we will always be okay.

  • V. Mohana, Senior Advocate, Supreme Court of India, on the AOR exam, life in litigation and role of a Senior Counsel

    V. Mohana graduated from Coimbatore Law College (now GLC, Coimbatore) in 1988, India’s first batch of the five year law course. She joined the chambers of Mr. M. Panchapakesan as a junior after graduation, where she had also interned in her final year. Thereafter, she moved to New Delhi and worked with Ms. Indu Malhotra and Mr. C.S. Vaidyanathan, enriching her expertise in litigation. After successfully passing the Advocate on Record examination in 1996, she has been practising independently in the Supreme Court, Delhi High Court, National Consumer Commission, etc.

    She has worked on matters with eminent seniors like Mr. Kapil Sibal, Mr. K.K. Venugopal, Mr. P. Chidambaram, Mr. Arun Jaitley, Mr. T. Andhyarujina, et al. She was also a Panel Lawyer for the Government of India. She was designated as a Senior Advocate by the Full Court of the Supreme Court of India on 23rd April, 2015.

    In this interview, she talks about:

    • Being a first generation lawyer: college life, internships and interest in litigation
    • Moving to New Delhi and establishing her practice
    • Cracking the Supreme Court Advocate on Record examination
    • Her wide range of practice encompassing various courts, tribunals and as a Panel Lawyer
    • Being one of the few women Senior Advocates of the Supreme Court

     

    Please introduce yourself to our readers. Were you always interested in pursuing law? Are there any lawyers in your family who motivated you to join law school?

    I am a first generation lawyer, and I have been practicing for the past 27 years. From my school days, I was interested in debating, public speaking, theatre etc. I took an interest in law during my higher secondary education. The sole credit behind my motivation to do law goes to my Mother. There were no lawyers in our family until I finished law. Now there are more than three, and a few more in the making.

    You are a student of the very first batch of the five year integrated law course, introduced for the very first time in India. We would love to know about your college. Was there any confusion/mismanagement, considering it was a new concept?

    Yes, I belong to the very first batch (1983-88) of the 5-Year integrated law course after higher secondary, introduced for the very first time in India in the year 1983. Our college those days (Coimbatore Law College, Bharatiar University, Tamil Nadu) was run in a rented premises. There were very few classrooms during the first year since we were the only batch and the rest of them were three year law students. We had a small library and a very small room for sports activities.

    Our syllabus was structured similar to the present syllabus, but it was not very detailed. We also studied subjects like Sociology, Economics, Legal History, History and Legal Language & Legal Writing etc. during the first two years. The rest of the three years we had subjects like Family Law, Transfer of Property, Constitutional Law, Income Tax, Insolvency, IPC, Evidence Act, CPC and Cr.PC along with Drafting, Pleading and Conveyancing.

    There was no confusion or mismanagement and, of course, the infrastructure was limited. There were few teachers and we had hardly two to three classes a day and only one session either morning or afternoon. There was no hostel for girls and there were very few girls in the class.

    Were there any student activities and opportunities such as debates, moot courts et cetera? What was your typical day like? Did you also pursue any hobbies?

    There were activities and opportunities such as debates, dance competitions, quizzes, etc. which were conducted by other Arts & Science colleges in which we all participated. There were a few moot courts competitions as well that were conducted by colleges outside the city and state, so participation was difficult. Our typical day was very relaxed and had only two classes/lectures. We had a lot of free time to pursue any extra-curricular activities, but we did not have many opportunities. I was in a working women’s hostel and our timings were very restricted. I used to give tuitions for school children in my free time.

    Did you do any internships? What was the work allotted to you like?

    The concept of internships was not in vogue back then. However, we were regularly going to court in the morning since we had classes only in the afternoon. During my final year, I myself went and joined a Senior Civil Trial Lawyer Mr M. Panchapakesan who is one of the doyens in the Civil Bar in Coimbatore. After a short interview and after checking my aptitude, he agreed to take me as an intern and I started going to his office and court in the morning and after college hours. The work I was initially asked to do as an intern was to note the case diary maintained by the office clerk which reflected the entire list of cases on a day-to-day basis for the whole year. Every day we had to note down the date of the particular case in the diary and maintain it regularly so that we get ready in advance for a trial. This habit is something I follow to this day. Apart from that, my senior would dictate legal notices, plaints and written statements which would be taken down by the juniors. I was asked to re-write the same in big font with triple spacing on white sheets of paper and give it to the senior for his correction and editing. By this method, I learnt a lot about drafting and pleading. There was no concept of stenographers in our office those days. Every pleading, application and written submission used to be dictated to juniors. I got the benefit of directly taking the dictation from my senior very soon after I joined as an intern, due to the fact that I could write fast and my handwriting was legible.  I have acquired maximum advantage in profession due to this practice of taking dictation.

    How did you manage the internship with studies? How did the practical exposure compliment the theoretical knowledge imparted to you in college?

    My internship never disturbed my studies. It rather helped me in learning what was taught theoretically in college. For example, we had papers such as CPC, Cr.PC, Drafting, Pleading & Conveyancing in the final year. I feel that these papers should be taught only in the final year. Since I was going to the trial court in my final year and taking dictation in my office, I could practically learn the application of CPC, Transfer of Property, Partnership, Filing Suits, etc. due to the personal practical experience. Even today, it is that training which is helping me. The art of drafting sale deeds, lease deeds etc also helped me in my conveyancing exam.

    Did you consider pursuing higher studies after graduation? How important is it for a lawyer to go for higher studies? Were you inclined at any time, towards the civil services?

    Honestly, we could not think of pursuing higher studies after doing law. Those days, even a five year law course was a luxury and we could not afford to think of any further education, coming from a big family. It is good to go for higher studies if one can get a good scholarship or afford it. However, it is not compulsory if one is planning to do litigation in India. Of course, higher studies abroad gives you wide exposure and analytical approach so it is very helpful. I never thought of civil services at any point of time since I always wanted to practice in a court of law.

    You joined the office of Mr. M. Panchapakesan upon completion of your law degree, with whom you had interned as well. What was the scope of work?

    On completion of my law degree, I continued to work in the office of Mr M. Panchapakesan. Initially, the scope of work was the same as it used to be during my internship. Eventually, he would ask me to prepare notes for trial and involve me in discussions with clients and in taking down depositions of witnesses while it was recorded in the court room, in order to review it in the evening. We also drafted plaints in simple suits and some applications. The working hours used to be 8.00 a.m. to 8.00 p.m. He would allow us to go home on Friday evenings. On weekends we would work full days on Saturdays and half-days on Sundays. It was a pleasure working there and he would always take good care of us. All other juniors were elder to me and they would take very good care of me, being the only girl in the office. They were all like my elder brothers and till date we are in touch like a family.

    How was it to appear in the court for the first time? Can you recall any specific incident?

    It was quite comfortable for me. I was not nervous at any point of time since I have always been confident and had no stage fear even while in school. Of course, whenever my senior was likely to be present in court, I would get nervous. The courts were also very congenial even in those days. I have great respect and regards for courts and judges but I never got scared. Once, I was moving a temporary injunction with a very senior lawyer opposing me. When he was not getting his way, he started saying things like women should not be seen raising their voices in court and that their place is in the house, to which I replied by saying that if he has any point in the case he can argue and that such statements are quite immaterial to the merits of the case. The trial judge also took exception to what he said, but I never got annoyed or lost my temper. I succeeded in the case. He was a fatherly figure and a great lawyer. After a few days, he became very affectionate to me and we both developed a very cordial relationship at the Bar. I only feel that one should never lose their temper in a court of law and one should always respect one’s opponent. After all we are not fighting our personal cases!

    How did you decide to move to New Delhi? What difficulties did you face initially? Would you say Delhi provides more opportunities than any other cities?

    I was in the trial court till the summer of 1992. I had just then started getting a few cases of my own, but it was difficult for women in those days to get cases of their own, especially in small cities. At that time few of my married sisters and two elder brothers were living in Delhi and my senior advised me that if I wanted , I could try my hand in Delhi and was welcome to join him back at any time if I felt uncomfortable. At that point of time my parents also thought that since my sisters and brothers were in Delhi, it would be easier for me. I had no difficulties in Delhi, though I came very reluctantly. Through my very best friend and his contacts I joined the office of Ms. Indu Malhotra, Senior Advocate (then an Advocate-on-Record).

    Delhi provides lots of opportunities, definitely better than any other city. Because you have trial courts, high court, administrative tribunal, MRTP commission (now Competition Commission, Competition Appellate Tribunal), CESTAT, Army Tribunal, etc. and of course the Hon’ble Supreme Court of India. So there is a varied practice and scope for every field.

    How was the experience of working with Ms. Indu Malhotra? How did it feel to interact with and brief some of the best seniors of those days?

    It was a great experience working with Ms. Indu Malhotra. She was one of the busiest Advocates-on-Record doing a lot of private work from Tamil Nadu, Kerala, Maharashtra, Punjab & Haryana, Himachal Pradesh etc. She was also the then Standing Counsel for the State of Haryana in the Supreme Court. That gave me a lot of exposure and I learnt how to draft Writ Petitions and Special Leave Petitions, do research work and brief Senior Counsels. We used to get a lot of appearance in court and that gave me ample opportunity. It was great to interact with and brief some of the best seniors of those days: Mr Kapil Sibal, Mr. Arun Jaitely, Mr P Chidambaram, etc. All these seniors would normally allow us to give our view points in every briefing and also discuss the strategy to be adopted while arguing the case. It gave me lot of confidence and exposure.

    In fact, once in the beginning, I had briefed a senior counsel where we were to oppose a stay in a Special Leave Petition as caveators, and the petitioners were represented by a batch of seniors. Those days, a caveator would never get a Passover when matters are called if the advocates for the petitioner are present. Even today many courts follow this practice. When this matter was called, the battalion of seniors were present for the Petitioner and I was seeking a Passover for our counsel since he was in some other court. Ms. Indu Malhotra was also busy in another court. But, the Passover was refused and the petitioner argued the matter for the interim relief. Due to the conference and guidance of the earlier day, I was successfully able to oppose the petitioners’ counsel and averted an interim order. This instance gave me a lot of exposure and it was only due to the experience of working with Ms. Malhotra.

    You then joined the chambers of Senior Advocate Mr. C.S. Vaidyanathan. What prompted this shift? Was there a change in the kind of work that was allotted to you?

    In August 1993, I joined the office of Mr. C. S. Vaidyanathan, Senior Advocate. Though I was learning a lot and getting to appear in court, I thought I had learnt Drafting to some extent and I needed to sharpen my skills in complete legal research and counsel work. I wanted to work under a Counsel so I could learn how to prepare arguments and improve my research skills.. So, I shifted from Ms. Malhotra’s office to that of Mr. CSV. The nature of work was different in the sense that there was no work involving the drafting of SLPs, going to the registry and briefing other counsels etc. Instead, we had to read files, which would come for the Senior Counsel engagement from different AORs, and prepare notes for the case and do research. We would participate in the conferences and prepare a list of dates and events and case law notes. Sometimes the briefs would arrive at the last minute also, so it was a learning of a different kind.

    Could you share with us any interesting case that you were a part of? How did you strike a balance between family and work?

    Mr. CSV is a fantastic and an amazing Senior Advocate. He is quick in his uptake, has wide knowledge and is a brilliant lawyer. There were several reported cases between 1992 to 1996 that he had appeared in, when I was working under him. There were several interesting cases. Amratlal Prajivandas case (SAFEMA case: 9 judges matter), Mc Dowell case etc., Jain commission after the death of Rajiv Gandhi were all good  and interesting matters where I got opportunities to learn.  I got married in the meantime, so I had to balance both family and office work. But, our working hours were not so bad and we had the flexibility to adjust our office working hours. My husband helped me a lot in all domestic work and so I was able to manage in office and at home.

    Did you require any preparation to appear for the Supreme Court Advocate-on-Record examination? How was the experience? What would be your advice to lawyers appearing for it?

    Yes. One has to plan and prepare for the AOR exam. I had put in a few hours of study every night for a period of about three months. I was not able to study on all days or do it at a stretch. In fact my son was born in 1994 and he was very small when I started preparing for the exam, therefore, it was difficult to concentrate and study. So I feel that a long time planning for few hours everyday will help one to pass easily. I was appearing for exams after a gap, so I was nervous while sitting in the first exam. Thereafter, I became comfortable. My advice to all the lawyers who want to write that exam is to read regularly and attend the classes conducted by the Supreme Court for this purpose prior to the exam. Answer all questions carefully and you can easily pass.

    What was your experience like, to practice in the newly established disputes redressal system under the Consumer Protection Act, 1986? How was it different, in terms of procedure et cetera from practicing in the Supreme Court and the High Courts? Which other tribunals do you appear before?

    I started getting cases in the National Consumer Disputes Redressal Commission. This is the apex commission which has now the jurisdiction for complaints more than Rs. 1 crore and also for appeals from State Commissions and Revisions. This has a summary procedure and evidence in original complaints are by affidavits only. It gives a quick remedy in respect of consumer disputes. It was a very good experience for me. In exceptional cases, they do send interrogatories. It is very easy to practice there if you are thorough with the Consumer Protection laws and related subjects. I used to appear in MRTP (Now Competition Commission, and Appellate Tribunal), CAT, and CEGAT (Now CESTAT).

     You seem to have been a part of cases involving sensitive issues like custody of children of warring parents. Could you share with us any experience?

    I have done a few custody cases. But, as a Mediator in the Supreme Court I have handled these more. They are very difficult to resolve and are usually fought bitterly. In matters of custody between husband and wife, the welfare of the child is always the paramount consideration.

     What responsibilities did you have as a panel lawyer for the Government of India? What exactly does a panel lawyer do? What kind of cases did you handle as a panel lawyer?

    I have been in the panel for the Central Government for many years. The nature of work differs from one panel to the other. There are drafting panels and appearance panels, and I am in the Senior appearance panel. We get the matters and we have to always be ready to appear. In case the law officers are not able to attend we will have to argue. I have handled various subjects like civil, service, criminal, narcotics, prevention of corruption cases, and constitutional law matters etc. It gives a great exposure and wide range of work experience.

    Could you tell our readers about the pro bono and socio-legal work that you have done? Do you also have any academic interests?

    I have been a panel lawyer for the Supreme Court legal services committee and did a lot of matters during 1996-2013. Now, I appear pro-bono for accused in the criminal matters concerning murder appeals, etc. I have been appointed as an amicus curiae by the Hon’ble Court in several matters-both civil and criminal. Other than that, I am a mediator in the Supreme Court. I attend cases in mediation for resolving disputes when they have been referred by court. These are all pro-bono.

    I like to read a lot. I used to be an honorary editor for the Supreme Court Reports (SCR) earlier. Now they have their own editors.

    You were recently designated Senior Advocate by the Supreme Court. Please tell us a bit about the appointment mechanism for our curious readers.

    I was designated as a Senior Advocate by the Full Court of the Supreme Court of India on the 23rd of April, 2015. As far as I know about the mechanism, we have to apply stating our experience and range of practice in sufficient copies to be circulated to the Hon’ble Judges. Then there is a mechanism by which applications, which have some minimum number of recommendations from the Hon’ble Judges, are taken to the Full Court meeting. Then there is a voting procedure by which it is determined.

    What all do you think led to your appointment as a Senior Advocate? Are there any specific benefits of being a senior? Is there a radical shift in the workload?

    I think hard work, sincerity, dedication, and consistency are some of the essential requirements. You also need a lot of blessings from the Almighty, your parents and elders. J There are no specific benefits of being a senior. In fact the responsibility is even more now. Of course, the nature of work is very different. Now, I neither need to do any drafting, nor write letters to clients! My nature of work is to prepare and argue cases, give opinions, settle pleadings etc. Sometimes briefs come in the last minute, so work pressure varies.

    There are very few women Senior Advocates in the Supreme Court. What are your views?

    Yes, there are very few women seniors in the Supreme Court. I feel that the general tendency has changed now. People have started recognising women lawyers and their good work. But there should be more designations and elevations from the women’s section. Women should also work harder and continue to work with sincerity and dedication. I am sure there is scope for everyone with hope, hard work, consistency and dedication.

    How can students wishing to intern under your valuable guidance get in touch with you? What qualities will you look for in an intern?

    I encourage interns and they can always write to me on my email if they need an internship. I look for interns with positivity, willingness to learn and work hard and with some basic knowledge of the subjects which have been taught in college so far. Honesty and sincerity are some of the essential attributes I look for in any intern/lawyer.

    The quintessential question: the NJAC or Collegium for appointment of judges?

    I will not be able to answer since I have been a part of the team on behalf of the Central Government in that matter and the judgment is awaited.

    What is your message for our readers, especially those who aspire to do counsel practice? What hurdles should they expect and what are your tips to tackle the same?

    My message to the readers is: Learn your lessons in college well. Read regularly. Read law related books and articles whenever you get time. Work hard and be sincere. Develop your communication skills and improve your vocabulary.

    Being argumentative does not mean that you will be a good lawyer. You have to be clear in your thoughts, talk only when needed in court, read latest case laws and developments in the law. Be good to all colleagues and be respectful. Dressing well does not mean dressing expensive. Make a good appearance, be healthy, and maintain discipline. There is no short cut to success. The legal profession is highly competitive. In case one is very serious and hard working there is a lot of scope.

    More than winning the cases one has to be honest and sincere to the client, and the court, work hard and suggest the best possible solution for the clients. People don’t come to us overnight. It takes many years, so be patient. Even if there is only one case, one has to take it seriously and do their best. There is a lot of work out there and if one wants to excel there is ample scope.

     

  • Ila Haldia, Advocate, Supreme Court, on starting out with civil and criminal litigation at Supreme Court

    Ila Haldia, Advocate, Supreme Court, on starting out with civil and criminal litigation at Supreme Court

    Ila Haldia graduated from Government Law College, Mumbai in 2013. She has an enviable academic record and has an excellent series of internships at top law firms including DSK Legal, Trilegal, AMSS, Khaitan & Co., AZB & Partners etc. She started practising at the Supreme Court of India soon after graduation. She is currently practising general civil and criminal litigation at the Supreme Court under the tutelage of Dr. J.N. Dubey, Senior Advocate, Supreme Court.

    In this interview, she talks about:

    • Law school experience at GLC, Mumbai
    • Choosing litigation over corporate law
    • Practising at the Supreme Court

     

    What brought you into legal studies?

    Hi, I am Ila Haldia. I am currently practising at the Supreme Court under the tutelage of Dr. J.N. Dubey, Senior Advocate, Supreme Court. Unlike many, my journey in legal studies began quite unexpectedly. I was a science student and never considered law as a career option. However, while studying science, I realised that engineering was not my cup of tea and so I decided to look for other options. In the pursuit of looking for alternate options, I met many people from different professions and through this process, I met a few lawyers. Having interacted with these lawyers, I felt drawn to the profession since I was impressed by the kind of knowledge they possessed and their command over their thought process and so I decided to pursue law. My parents were supportive of this decision of mine and thought that law would be a career suitable to my abilities.

     

    Tell us about your years in law school. What made your journey with GLC worth it?

    To be honest, it took me a year to get used to GLC. Initially, I was a little lost and wasn’t sure whether I had made the right decision. But slowly, I started getting into the groove as law started rubbing on to me. In addition to law, I had some amazing friends and seniors who helped me through thick and thin. One thing that anyone studying at GLC encounters is the ubiquitous phrase: “GLC is like a buffet which serves the best of dishes but it is up to you to choose the dishes”. At first, I never quite understood this phrase, but now when I look back, I realise that GLC is quite like such a buffet. The curriculum at GLC gave us the freedom to shape our careers according to our own accord. We had all the options and guidance available but none of which was imposed. So it really came down to individual choices. Many used this freedom to nurture their careers the others used it otherwise. It is this sense of freedom and space that made GLC absolutely worth it and stand apart from all other law colleges!

     

    Which internships that you have pursued will you consider to be right at the top and why? Tell us about some interesting internship experiences.

    Interestingly, I have had internships at many big law firms, but to me the most memorable has been one at a small firm in Bombay. We were a team of 5-6 lawyers/law students and as such the work responsibilities were not differentiated between lawyers and law students and therefore it was a really good learning experience for me. I remember my very first assignment at this firm was to assist an associate in drafting a reply to a very complex 30 pages show cause notice from the customs authority. As luck would have it, the associate I was supposed to assist was caught up with other work as a result of which the responsibility fell on my shoulders to draft the reply. Upon reviewing the draft, my senior was very impressed with my drafting skills and rewarded me for having completed this difficult task all by myself without having any prior drafting experience. Thus, I learnt that it is important to keep doing whatever work comes your way, no matter how big or small. If one keeps working and keeps doing, he/she will find an area where his/her interests lie. So look for internships which provide you work across the platform and be ready to seize whatever opportunity comes your way.

     

    ila-haldia-2

    Soon after graduation, you started practicing before the Supreme Court of India. Did you ever plan to join a corporate law firm? Do you plan to pursue litigation from now onwards?

    Somehow, at first every law student’s aim is to land the highest paying job and since such packages are mostly offered by corporate law firms the aim is to get into such law firms. I was also party to this type of thinking and in fact tried to get internships in all the big law firms in their corporate department. But slowly, as I got more involved in the “corporate culture” I realised that this was not my calling. There was always this uncertainty in my head regarding corporate law since it did not involve court work. So through this process of elimination, I decided to pursue litigation and was most fortunate to get the opportunity to work at the Supreme Court of India. However, I am not restricted to the Supreme Court only, I also appear before other courts and tribunals.

    As far as my future plans are concerned, I don’t believe in long term planning. My philosophy is to do what is in hand and let’s see where it takes me. Having said that, I do hope to start my independent practice in the coming future.

     

    What are you main practice areas? How has been your experience so far?

    We are into general civil and criminal litigation. The experience so far has been extremely enriching and has broadened my horizons. I have not only matured as a lawyer but also as an individual. Litigation has taught me to have a structured thought process, improvise and think on my feet.

     

    What is your workday like? Which would be the most memorable case you argued on?

    In litigation, there is a lot of work. From morning till evening the whole day is consumed in courtrooms and chambers. So one needs to be sure that they like the work and also the work environment or else it becomes overwhelming and stressful. There are times when we have to appear in court without having a complete idea about the case and these situations help in learning how to filter irrelevant information and how to improvise in front of the judge.

    There was an early hearing application which I had to argue before a three judge bench headed by the then CJI Justice Lodha. Usually, early hearing applications are only heard on the point of urgency and the merits of the case are not argued, however on that particular day Justice Lodha decided to hear the cases on merits and took all the lawyers, including me, appearing in early hearing applications off-guard. Since, my case was listed as item 9, I hardly had the time to read through the entire file and so when my case was called out it all boiled down to improvising and succinctly putting forth the arguments which ultimately helped me in winning the case. The profession requires one to think clearly and quickly which only comes with constant practice and observation.

    The best part about litigation is that there is hardly anything predictable except for the fact that you have to work constantly. Another memorable case that I have argued was one before the National Consumer Disputes Redressal Commission. The case related to claim of insurance by a bus owner, however, the said case had been dismissed in default and we had filed the restoration application after delay of 2 and half years! After 2-3 hearings of immense grilling, the matter was finally restored however, the same was dismissed on merits. However, the presiding judge acknowledged my hard work and made a mention of the same in the judgment itself! Thus, despite the adverse order against my client, it was an achievement for me since my hard work had been acknowledged.

     

    How necessary is it to have a mentor/guide to handhold a young lawyer while still in the formative years of litigation?

    It is extremely important to have a mentor in litigation. I couldn’t have come this far without my senior. There is so much to learn in practice that it can become overwhelming. Having a mentor gives one support and structure to the learning curve of a young lawyer. Making mistakes is inevitable and only a mentor can help in minimising and dealing with them.

     

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    What are the difficulties people face in their early days of practice? How is it turning out for you? How many years of hard work does it require to build a firm clientele?

    Initially, the responsibility of handling even a single case seemed overwhelming. I remember even drafting an entire petition seemed like a huge task to me but now with constant practice, the process has eased and now I am able to research the law, draft the petition and argue the matter in court. Same goes with arguing in court, initially it was terrifying to even take a ‘pass-over’ but now with passage of time and experience that initial hesitation has also vanished.

    A lot of people say that lawyers who don’t have a family legacy will find it very difficult to build a reputed practice. This may be true to some extent, but from what I have gathered, any lawyer who puts in even a reasonable amount of hard work is sure to go a long way in litigation. It may take some time, which may differ from lawyer to lawyer, but the hard work does pay off which is why there are so many successful first generation lawyers

     

    A lot of law students prefer corporate jobs over a career in litigation. What is your take on this? Is it better to work in the corporate sector for a few years before starting litigation?

    Well, I feel it’s a personal choice. If the interest of a law student lies in corporate law then by all means he/she should pursue it, however, I do not recommend seeking a corporate job only because of the perquisites that it offers. Initially it may be exciting but with passage of time, money does not bring job satisfaction which may lead to frustration. Many law students, do not opt for litigation/counsel practice because of low salaries. It is true that in the initial years the money is not as much in litigation but if one puts in a sincere amount of hard work then there is no looking back.

     

    What would be your parting message to law students who want to litigate just after graduation?

    As a lawyer in litigation, keep working hard and be patient. It takes years for a bamboo seed to start growing but once it shoots, the growth is exponential. So don’t get dismayed if the results don’t show. Have faith in your abilities and clarity in your thoughts.

    Also my message to all law students who are struggling to find their path, would be to just go with the flow and keep doing whatever comes your way and enjoy your college life!

  • Shishir Dholakia, Senior Counsel, Supreme Court, on a career in Arbitration in India and the White Industries effect

    Mr. Shishir Dholakia is a Senior Counsel at the Supreme Court of India with 45 years of experience in litigation practice, over 1000+ cases with specialization in arbitration, commercial and tax laws. He is a leading expert on arbitration law, in particular on the value and applicability of the UNCITRAL Model Law to India.

    The GNLU Digital Media Team had the opportunity to interview him at ‘Changing Face of Arbitration’ seminar about some very specific areas of the Arbitration Law in India.

     

    What would be your advice to law students who wish to take up arbitration as a career?

     

    What kind of skills must a student have if he/she wants to take-up arbitration?

     

    What are your comments on the current state of Arbitration Law in India?

     

    After the recent White Industries award which went against India, what do you think shall be the implication on the Arbitration regime of our country?

     

    Certain International Commentators have taken a counter view and they have argued that the host state should keep an eye on functioning on Judiciary. What are your views?

     

    Some newspaper reports has suggested that the Govt. of India has started revising all its BITs after this award. What do you think can be done for improving the investment law regime as a whole?

  • Kartikey Mahajan, LLM Candidate, Harvard, on mooting, practice at the Supreme Court, and plans for the future

    Kartikey Mahajan, LLM Candidate, Harvard, on mooting, practice at the Supreme Court, and plans for the future

    kartikey-m1Kartikey Mahajan graduated from NLU, Jodhpur in 2011. He has been practicing as an Advocate at the Supreme Court of India, after a stint at Luthra & Luthra. Recently he got admitted into an LL.M. programme at Harvard Law School, with a 50% tuition waiver.

    We took this opportunity to ask him about:

    • Being among the Top Five Oralists at the  World Finals of Stetson Environmental Moot Court
    • Practising as an advocate at the Supreme Court of India
    • Pursuing an LL.M from Harvard Law School

     

    How would you like to introduce yourself to our readers?

    I did my schooling from Delhi Public School, Mathura Road, New Delhi. Thereafter I decided to pursue law as a career and joined National Law University, Jodhpur. Law school provided me with a platform to participate in a number of moot court competitions and be a part of different committees in various capacities. Law school also made it possible for me to intern with some of the biggest names in litigation and as well as the biggest law firms of the country. These opportunities exposed me to different facets of law and also helped me develop a deeper understanding of our society. It also exposed me to various sectors of our economic functioning. After law school, I joined the Project Finance team of Luthra&Luthra Law Offices, Delhi that was one of the coveted teams to join in the country for corporate law at that time. At Luthra&Luthra, I worked on high profile transactions as well as did a lot of policy work for Planning Commission of India in terms of drafting model PPP documents. After Luthra&Luthra, I joined the chambers of Additional Solicitor General of India where I worked on government matters before the Delhi High Court and Supreme Court of India. The ASG allowed me to take my own private briefs which also helped me learn a lot about handling the matters without anyone else’s supervision. Now I am leaving for my masters at Harvard Law School this fall and intend to concentrate on litigation and arbitration related subjects during my LL.M.

     

    Did any of your family members motivate you to pursue a legal career?

    Both my father and mother are doctors in New Delhi. My father is in private practice and my mother is with a government hospital. I believe a legal background always helps a lawyer in his early days be it any field of law. Although, I didn’t even remotely have a family member in the legal field, my father always wanted me to become a lawyer.

    In litigation particularly, the benefit of having a legal background becomes more tangible early on, as you can land few clients or have an established office space. However, with respect to any field of law a having a legal family background helps understand the law better, as a person can always take help of his/her family member’s experience to understand the nuances of law. But I am strongly of the opinion that in the long run it’s the individual’s hard work and determination, which helps him. Any person can get those easy breaks when he has a legal background but to sustain it over a long period of time and establish oneself as a reputed lawyer, it is always the competence of that person alone.

     

    How did you manage being an all rounder in school?

    (Kartikey was awarded the Academic Excellence Award Scholarship in school and was also awarded various awards for playing guitar and drums.)

    Well quite frankly I will not call myself an achiever in school. I hardly used to study in school until 9th grade and I was always involved in extra-curricular activities like playing guitar, drums and being part of cricket and basketball teams. It was only during 9th grade that I started paying attention towards studies as the board exams were due next year, therefore my father asked me to pull up my socks. I consequently, started excelling in studies, which helped me secure Academic Excellence Award Scholarship for the next three years. By the time I started concentrating in studies, I had already acquired the skills of playing sports and recreational activities like guitar and drums, which enabled me to continue these activities without spending that much time which one usually requires for learning a skill. So being an all-rounder came quite gradually over a period of time and just required a little bit of time management. It is this time management skill, which I can say that I learnt at school, which is still helping me engage in multiple activities at the same time.

     

    Were your sure about pursuing a career in the legal field from the beginning?

    I was always fascinated with doing something different from my parents. Initially I started preparing for medical entrances in 11th grade and since I really enjoyed science, I used to excel at the exam preparation courses at Akash Institute in Delhi (an Institute which helps you prepare for medical examinations). But like I said I was always fascinated with doing something different from my parents, which always made me think about exploring different options and law was certainly one of the options which I had in mind. Then in the beginning of 12th grade my school organised a mock moot court for the students and I participated in the same as a speaker. It was during the preparation of that competition that I realized the thrill and excitement associated with the field of law and I knew that a career in law was right for me.

     

    Tell us in detail about your time at NLU–J.

    During law school, I participated in a number of moot court competitions like Vis East, Stetson Environmental Moot, Henry Durant and ICC Trial. Mooting was one activity, which I extremely liked during law school and I always wanted to perform better every time I participated in a moot. Besides mooting, I published a number of articles in leading national and international journals and as well as periodicals. Whenever, I got time, I also played basketball and cricket to unwind.

     

    What skills did you acquire while serving various committees at NLUJ?

    I was fortunate enough to be selected in a number of student committees by the faculty at NLUJ for various important positions. All these roles and positions helped me grow as a professional and as well as an individual. This is because working in any committee always involves coordinating and organising important events. This makes you more patient while dealing with your peers and as well as the University staff and outside organisations. Working for events also enables you to handle pressure without taking too much stress. This is true of every committee whether be is Sports, Cultural, Academic Support, Moot Court etc.

    Well I think my fondest memories of working in any student committee were during my fourth year when I was the Secretary of Legal Aid Committee. During the short stint of one year we organised numerous awareness camps on legal issues in nearby villages of Jodhpur. Rajasthan as you would know is a very conservative state, which has practices of dowry, female foeticide etc. prevalent almost in every part of the state. Before my stint at the committee, I always saw those problems from only an academic point of view. My involvement with the committee was the first time that I saw these sensitive issues up close.  These events certainly had a lasting impact on me and really helped me while dealing with the pro-bono cases at the Delhi High Court Legal Services Committee. I would say that I really absorbed a lot of practical nuances when it comes to common societal problems during my stint at the Legal Aid Committee which made me more sensitive towards these issues of dowry death, child rape etc.

     

    What difference did you find in the Indian and the world rounds?

    (Kartikey was awarded the Fifth Best Oralist Prize at World Finals of Stetson Environmental Moot Court Competition and also the third best oralist at Northern Rounds of Stetson International Environmental Moot Court Competition.)

    There is a marked level of difference in the judging standards of Indian and world rounds. While at the Indian rounds you will routinely find judges who are alumni of the law schools who tend to grill you on the legal points. So they basically tend to give marks based on your legal knowledge. I have been a judge in few competitions like Jessup, Stetson etc. post law school and I have noticed this tendency amongst the Indian judges to mark the students on the basis of their legal knowledge. Basically if you are good in legal knowledge then mostly you will get higher marks in other sections of the scoring sheet like style, etiquette etc. However, in the international rounds of any competition, the emphasis is mostly on the speaker’s speaking style and his ability to answer the questions with poise and clarity. While legal knowledge is relevant during international rounds, but other sections become equally important.

    Well during the World Finals of Stetson, my team members who were in the Indian rounds could not manage to come with me to Florida due to Visa and Financial issues. So ten days before leaving for the World Finals, I had to speak to the national and international organisational members of the competition to amend their rules and allow me to induct a new member from the University who had a valid US Visa. When the permission was granted, I managed to induct a new partner (Rashi Ahooja) for the World Rounds and she prepared everything in just five days and managed to secure the 6th Best Speaker at the World Finals. The entire period after the Indian rounds until the culmination of the World Finals was an exciting period which involved a lot of challenges and made me learn a lot of things like acting under pressure and petitioning the organisations to amend their rules.

     

    Can you give three essential tips to our readers who wish to ace the oral rounds of an international moot?

    The First tip would be to know your proposition, memorials and the relevant legal issues thoroughly. You cannot not know the above things. A person should equally devote a substantial amount of tine writing down the structure of his arguments and rehearsing them until you master them. In any moot court, a judge would try to deviate you from your structure but a good mooter would always come back to his structure of arguments after answering the judge’s question. Lastly, always remember to speak slowly when it comes to arguing before international judges, as Indian accent tends to be really fast which the judges may not understand. I essentially followed all the above rules while preparing for any round.

     

    What kind of internships did you do in your law school?

    During law school, I managed to intern at many different places like law firms, counsels, consultancy firms and corporate organisations. This helped me get exposure to different realms of law and different work environments.

    There used to be institutional support for procurement of internships at law school from third year onwards. However, I always managed to secure an internship for myself without relying on the Placement and Internship Cell.

     

    Did you plan out the course of your internships?

    I did plan out my internships as initially I interned with counsels to try and understand the basic fields of law like contracts, constitution and procedure statutes including arbitration. Then from third year onwards I interned in law and consultancy firms to get an experience of corporate laws.

    I think it is extremely important for a law student to plan the course of his internships as certain internships like a corporate law related internship can be understood better only when one has read and worked on contract law related issues. So basically doing a corporate law internship in the beginning of second year will not make much sense for a law student. Also, if a person is thinking of applying for LL.M, then he must undertake internships, which will help him show his focus towards the field of law that he wishes to pursue in LL.M.

     

    Can you give us a few tips to ace the art of paper writing?

    Well there is no tip for writing a paper as such. One just needs to start writing and the person becomes better with time. What I would say is that a person should always pick up a novel topic to write, as there is no point writing on something on which already a lot has been written. I have always picked up topics on which I can add to the scholarship of the subject by highlighting my own original viewpoints.

     

    Tell us how has moot court participations and paper publishing helped you in acquiring skills that are important for a successful legal career?

    They certainly have. Moot courts made me develop the requisite confidence to appear before a judge in litigation. Although many would say that moots are not at all like a real case, to which I would agree as well, but moots give you a style of presentation and help you being thorough. I am so used to appearing in Court without looking much into my file as I acquired this habit while preparing for moot courts. I have also handled an international arbitration in Singapore and I must say that my mooting experience at Vis moot was extremely relevant for that arbitration interms of my presentation style. Legal writing although did not seem to have contributed to my drafting skills, but it helped me develop thought process and delve deeper into certain legal issues.

     

    How did you manage your academics, curricular and co-curricular activities?

    Well… I was always interested in basketball and cricket, but it was mostly in my first and the last year that I played these sports on a regular basis.

    Like I said before, time management came naturally to me from school itself and it was never hard to manage all these activities at law school.

     

    Tell us about your experience at Luthra&Luthra?

    I was offered a job at Luthra&Luthra through campus placement. The experience was very interesting as I got to work in one of the most exciting teams in the country for Project Finance. I worked on few huge transactions, which helped me realise the need of a lawyer to pay attention to detail. Also, the experience helped me read very long documents in lesser time and improve my drafting skills by the end of my stint at Luthra&Luthra.

     

    Why did you switch from a corporate job to a job of a practicing lawyer?

    (After working in a law firm Kartikey started working as a practicing advocate under Mr. Rajeev Mehra, Additional Solicitor General of India.)

    I switched because I always wanted to pursue litigation and arbitration and argue before the courts. I started with Luthra&Luthra because I wanted to save some money to help me tide over the initial years of litigation and at the same time become familiar with commercial documents.

    The initial major challenge was to remain physically standing by the end of the day. Litigation unlike corporate work, involves a lot of running around the courts and even outside the court to conduct client meetings etc., so after working in a corporate firm one looses touch at being that physically active. Then obviously making new clients is always challenging in litigation as clients usually don’t place confidence in young lawyers to handle their cases. I must say that everyday in litigation is a challenge, which comes with its own set of thrills and excitement. You never know what problem can crop up like a small mistake in filing because of which the registry doesn’t put up your matter, like managing multiple courts on the same day, tackling judges on their bad mood days etc. So basically the uncertainties increase in litigation manifold and it was basically understanding that these uncertainties were very much possible on an everyday basis was the initial challenge.

     

    Tell us about your work at Supreme Court of India.

    I have majorly handled cases at the High Court and then at the Supreme Court. This is because I was associated with the chambers of Additional Solicitor General of India. The government work is really interesting and at the same time very time consuming not allowing you to find enough time for your private matters. So basically I used to handle atleast 8-10 matters a day for the ASG, which also sometimes turned out to be 15-20 matters per day. Obviously not all of them came up for arguments, many had just small applications or asking times for filing rejoinders/counters etc., many had adjournment motions or many required usage of court craft to ensure that the matter was passed over or put at the end of the board so that it can be rolled over to the next day. But what all these matters put together tested was the organisation and coordination abilities of the juniors as we had to coordinate with the government departments and as well as the Standing Counsels for their instructions. Many a times a 500 to 1000 page brief used to arrive in the office at 9 pm with instructions to appear next morning (We all know how disorganised and lethargic government departments can be). So this helped me read the files faster and understand what the relevant points can be in a short span of time. Whenever I used to have a private brief, then I had to face the additional problem of managing my workload.

     

    Why did you choose Harvard Law School?

    (Kartikey was awarded Jagdish Bhagwati Fellowship (Columbia Law School) Willams Papsworth Studentship (University of Cambridge) Graduate Dean Award (New York University School of Law), all of he declined to pursue an LL.M at Harvard Law School.)

    All these scholarship applications are basically included in the application procedure for the LL.M Programme. Cambridge had a separate scholarship question in which you basically had to state your reasons for applying for a scholarship. NYU had a question on describing a legal issue facing a country or the world and proposing solutions to address the same. As far as Columbia was concerned, it did not have any separate question.

    Harvard has also offered me a tuition waiver of almost 50%, its just that its not a named scholarship like that of Columbia, Cambridge or NYU. I chose Harvard primarily because it has the best faculty for the courses that I am interested in, like Constitutional Law and Policy. Also, candidly speaking, I intend to return to India post LL.M to continue pursuing dispute resolution for which a Harvard LL.M offers intangible benefits over the other LL.M programs.

     

    What are the necessary traits required to bag a scholarship?

    I think it’s not only about law school but your overall profile. Curiously, I am still not sure as to what did the admissions committee like about me at every college that I got so many scholarships. I think this question is best suited for admission officers to handle.

    But I would like to say that if I have to think of some factors which would have helped me then I would say a good rank at law school (top 2% is a must), international awards at moots, international publications and both government and corporate work experience would be the factors which could have probably helped. But like I said before, I am not even myself sure to give two cents about this.

     

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    Tell us what motivated you to go for a master’s programme?

    I always harboured a desire to do an LL.M since law school. Its just that I didn’t know what I wanted to study during an LL.M. So that’s why I think that work experience is really important for most people as they get better clarity interms of what they want to study and how they want to utilize their time at LL.M which is just for 9 months.

    The reason why I didn’t opt for an LL.M at Indian University is because I have already studied at one of the best law schools of the country and I didn’t think that pursuing an LL.M at another good Indian law school would enhance my skill set or knowledge base. I think an international LL.M programme always helps you develop different perspectives about a particular legal topic as there is a presence of diverse viewpoints of people from around the world. Additionally, studying your interest areas from the best professors of the world and not that of one country, obviously helps you delve deeper into that subject area.

     

    What is your area of study at Harvard?

    I intend on pursuing Constitutional Law, Negotiations, Civil Procedure, International Commercial Arbitration and other litigation related courses. I also intend to get involved with trial workshops/clinics and learn the American way of litigating.

    From what I have heard from my friends who are Harvard alumni, I think the educational culture at HLS is really intense and demands a lot of time. This is chiefly because of the Socratic method of teaching which is followed at all US Law schools that involves a lot of reading up before coming to class and the class itself involves only discussion with the professor. Lets not discount the fact that a classroom at Harvard would be filled with some of the brightest minds so you can obviously expect a lot of cross-exchange of indepth analysis of legal issues. I think that’s where the fun lies.

     

    What are your plans after LL.M.?

    I intend to continue with my Litigation and arbitration practice. As far as a job in corporate sector is concerned, that is definitely not cut out for me. Although, I certainly love corporate laws and I intend on continue doing commercial litigation.

     

    Lastly, what would be your message to our readers?

    I don’t think I am in a position to offer any advice or a guiding principles to anyone at this time. However, I have always tried to follow what my father used to tell me since I was a child which was that one should pursue whatever he or she feels like. There is no set career path for anyone whether be it litigation, law firms or corporate organisations or NGO’s etc. If one really likes whatever he does, he will never get bored of it. People should ask whether they are willing to get up every day and do that kind of work that they are doing. If not then Quit! If yes then I feel possibilities are limitless.

  • Fatima Quraishi on application and work of the post of a judicial clerk at Supreme Court

    Fatima Quraishi on application and work of the post of a judicial clerk at Supreme Court

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    Fatima is a graduate of 2013 batch of RMLNLU, Lucknow. She has extensive experience of the Supreme Court atmosphere and has worked as a judicial clerk just after graduating.

    In this interview we asked her in depth about her experience of working as a judicial clerk under Justice T.S. Thakur, the application procedure and the future prospects of her legal career.

     

    How would you like to introduce yourself to our readers who are mainly young and aspiring lawyers?

    I’m a 2013 Batch law graduate from Dr. Ram Manohar Lohia National Law University, Lucknow (RMLNLU). I recently completed my contract as a Law Clerk to Hon’ble Mr. Justice T.S. Thakur, Judge, Supreme Court of India. A first generation lawyer, I am very enthusiastic to join the development sector.

     

    Do you feel that there is a bit of resistance towards legal education in India? How did you incline towards a career in legal field? Do you reckon any specific incident influencing your choice?

    Engineering and Medical studies were sought after because our parents were brought up in that environment and they have continued to have that mindset until now. They could only picture traditional litigation in their heads and were insecure about letting their kids, especially girls join that community.

    Currently, there has been a wave of change in which parents have encouraged this profession because they see dispute resolution in a different light. The working conditions are much more civilised and there is scope and variety in the different roles a lawyer could play. This change has been brought about by the zeal of our generation who was genuinely interested in the profession and took it upon themselves to change opinions. There are Law Firms, Companies, Think Tanks, Non-Government as well as Government sector that absorb the major chunk of law graduates. The most crucial insecurity about the profession is to a great extent addressed with an improvement in job security. For example a litigator who mainly deals with civil/criminal matters has a retainer client for a regular source of income.

    I belong to a family of doctors so law was never on the cards until class 11th where I got introduced to the profession by Mr. Sachin Malhan who visited my school, Loreto Convent to promote LST. Thereafter, things just took shape with my family being ever willing to let me follow my calling.

     

    fatima-s3How would you describe your time at RMLNLU? What kind of co-curricular activities did you participate in?

    Frankly speaking, I was a very laid back student who just enjoyed the ambience that Law School provided. I had a small bucketlist of things to do in Law School. Moot-check, conference-check, publishing-check but never pursued one thing for long. I hated monotony in my work which has trickled down to my career objective too. I was always inclined to venture out and do different things. I was part of the Placement Cell initially and then switched to the Legal Aid and Welfare Committee. The only thing I was very particular about was internships which provided me a great opportunity to learn and network. I thoroughly enjoyed RMLNLU for its independence, flexibility and facilities.

     

    Which are the law firms and other places where you interned? Which internships would you consider to be right at the top and why? Tell us about the variety of work you were given during your internships?

    In my first year, I interned with U.P. State Legal Services Authority and Greenpeace which was a very good social sector introduction. Subsequently, I moved on to law firms like Anand & Anand, Remfry & Sagar, JSA,  M.V. Kini & Co., Vaish Advocates Associates and Khaitan & Co. where I mostly worked on Intellectual Property Rights (IPR) issues which was my interest area then. The kind of work I got at each firm depended upon who I was directly working under. It’s always a good option to use every opportunity to directly interact and get work from the partners. I did quite a lot of drafting at Remfry, infrastructure related work at M.V. Kini and prepared presentations on law governing video games in India at Vaish. The rest of the work at my internships was research based.

     

    Interning at a top-notch firm is a dream of every law student. How did you procure your internships? Can you throw some light on the application and follow up process?

    Although, all law firms have an internship portal or email ID displayed on their website, in reality it’s difficult to get through, considering how all law schools have vacations practically at the same time. I got most of my internships through contacts. Importantly, most of these networks were my own that I had managed to form during my previous internships and conferences. It’s a good strategy to be referred and one can very well ask alumni and seniors for help.

     

    You have a Diploma in Entrepreneurship Administration & Business Laws. Tell us how helpful these courses have been in your career? Why did you choose to pursue diploma in corporate laws?

    It’s a fantastic course. It’s as good as a senior mentoring you at a law firm without any howler. It’s a study at your own pace program which explains practical aspects of business law lucidly. Career wise, I’m still to use this skill set which I have had no opportunity to use during Clerkship where I was mainly concerned with Criminal and Service law matters.

     

    Considering the fact that most of your internships have been in corporate firms, what drifted you towards the career of a judicial clerk?

    Clerkship was not my first career option. I was interested in IPR throughout my college days and somehow my law firm PPO in IPR did not work out. Alternatively, I had applied for Clerkship where I got through. I am extremely glad about the way things transpired. It’s an excellent first job experience which I would recommend all recent graduates to pursue.

     

    How did you obtain the Judicial Clerkship? What is the standard procedure to do so?

    The Supreme Court Registry annually publishes an advertisement inviting all final year National Law University students to apply. I applied through my Internship & Placement Committee at College wherein all applicants were required to send their application form, CV along with attested documents to the Supreme Court Registry.

    Thereafter, short listed candidates were called for an interview and results of the first list were declared within a month from the date of the interview. The list of successful candidates is not published and all selected applicants get individual phone calls from the Registry. As and when a vacancy for clerks arises, calls are made to the rest of the people on the list in accordance with merit. Once one confirms his/her availability for joining, the Registry asks them to report to the Supreme Court at a certain date wherein the person completes all paper work and then is informed about the Judge one is to assist for a term of roughly 10 months. Clerkship can be extended for a further period in consultation and by the approval of the Judge one works with.

     

    Tell us the daily routine of a judicial clerk? What is the kind of work you come across? How different is it from the corporate field?

    It will be patently wrong on my part to generalize my Clerkship experience as it totally depends on the Judge one is assisting, which continues to be a surprise till the last minute of joining. Speaking for my own self, I had flexible work timings and attending Court proceedings was not mandatory unless there was an important matter for which His Lordship required me to take notes. The office staff was extremely friendly and co-operative and provided me a conducive environment to work. I mostly worked on reserved matters or part heard matters as His Lordship was not inclined to let me make briefs only. The USP of the job was the daily discussions with His Lordship on nearly all matters that came before him. There were also other perks attached to the job which I think are part of the experience if you’re lucky to get a Judge who accommodates it.

    The experience can’t be compared with anything close to what one does as a lawyer, let alone exclusive corporate practice. Since you work for a Judge, your perspective on every matter is very holistic as you have the unique opportunity of weighing both sides of the matter and not be prejudiced. Your aim is the dispensation of justice rather than getting relief for your respective client.

     

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    Tell us about your work mantra? What do think are the most essential things required to excel in clerkship?

    I have never followed a rule book but patience, hard work and optimism has worked well for me. For law clerks at The Supreme Court of India, one has to make the best of whatever one gets since there is no certainty. Generally speaking, I feel it will be sensible if one could be flexible enough to mold himself/herself according to the work requirements of the Judge, be cordial to office staff and impeccable with the research notes submitted to His Lordship. Half-heartedly done work is easily detected. It is also helpful if one keeps a track of the Judge’s recent pronouncements, part heard and reserved matters. One will hit solid gold if he/she is fortunate to share a similar passion/hobby as His Lordship because then one will be able to interact with His Lordship on an informal basis.

     

    Do you consider pursuing an LL.M abroad? A lot of LL.M aspirants opt for judicial clerkship before higher studies; what is your thought on this?

    Writing a recommendation letter is completely the discretion of the Judge. One should be prudent not to bank upon it. Clerkship experience independently is very enriching and has no causal connection towards higher studies except in cases one is pursuing Clerkship only to be referred.

    In my case, I am inclined to go for a Masters Program for Fall, 2015 after working for another year.

     

    What will be your suggestions to our readers who wish to be a judicial clerk?

    Judicial Clerkship is a privileged short term contractual job that gives you an insight into the way the Bench works, that one can never hope to get otherwise at this age. It’s an opportunity to be mentored by one of the finest fraternity in the Country. No matter how clerical things seem initially, it does inculcate life skills. The experience provides an optimum amount of pressure, moulds, evolves and prepares you to be better equipped on the other side of the Bench.