Super Lawyer

Tag: Symbiosis Law School Pune

  • Animesh Singh, Managing Partner, A&S Law Chamber and Consultants, on working with Amarchand & Mangaldas, and starting his own firm

    Animesh Singh, Managing Partner, A&S Law Chamber and Consultants, on working with Amarchand & Mangaldas, and starting his own firm

    Animesh Singh graduated from Symbiosis  Law School, Pune, in 2009. After a successful stint as Associate at AMSS, New Delhi, as Associate, he co-founded his own firm, A&S Law Chamber and Consultants, in Bhubaneshwar.  His areas of expertise include conducting litigation, conveyancing, drafting pleadings and contract agreements, arguments/ conducting hearings in the courts, client conferencing/consultation, legal research, drafting legal opinions, fact finding investigation/due diligence.

    In this interview we speak to him about:

    • His time at Symbiosis
    • His experience at AMSS
    • Starting his own firm

    How would you like to introduce yourself to our readers?

    I am a first generation lawyer. I chose to study Arts after my 10th because I associated more with the field of humanities, literature and philosophy. I have always been a hyperactive kid; thus, I was more into NCC and sports during my +2, and had decided to join the Indian Army thereafter. However, I had to change my career plans suddenly, because of an unfortunate accident and injuries sustained during one of the NCC trainings. Thereafter, pursuing Sociology as my higher studies was the plan, but Law being another challenging profession and a vast arena to explore, struck my inquisitiveness. Hence, I took up the challenge and today this profession supplements the kind of person I am. Further, it gives me many opportunities to satiate my habit to learn about various subjects and assimilate them to build questions of significance and law.

     

    Give us a brief overview of your life at Symbiosis.

    I had a fabulous time in Pune while studying law at Symbiosis. The initial three semesters I was mostly restricted to the classes and the hostel room due to the injuries I had sustained then. That apart, I have thoroughly enjoyed studying law there and getting the best of my friends for life. I really owe a lot to my faculty there; some of them have really shaped my vision for life and practising law. The number of subjects per semesters was grueling at times at Symbiosis Law School, and that did bring out the best in me.

    It’s not about a law school being private or government aided, but it certainly matters to be part of one premier law school in India as it holistically tailors one’s approach to learning and interpreting law by getting introduced to like minded people. And to be specific about Symbiosis, I would vouch that the kind of intellectual and creative freedom it provides to its students is incredible in itself, and such an atmosphere makes the students compete with oneself and not with each other irrationally, which I think is the best way to grow in life and profession. Lastly, I would state that, to me and to all, his or her law school is as “Rosebud” is to “Mr. Charles Foster Kane”, so I refrain from comparison.

     

    How much of a role do GPAs play in shaping one’s career path?

    GPAs are as important as salt to taste. GPAs would qualify one for the next university/institution, but not for the real working world and the unique level of stress one deals with while working independently. I was more or less a thorough and inquisitive student, yet not a scholarly one. My GPAs were only above average as I mainly focused on a lot of other activities and interests even during my law studies. Back then I spent a lot of my leisure time reading film literature and watching a lot of world cinema (ranging from African to Oceanian cinemas, esp. Indian, British, French, Polish, Bosnian, Brazilian, Japanese, Korean, Argentinean, African, Latin American, Iranian, Italian and Australian to even Thai etc). Pune being the breeding ground for filmmakers in India (having FTII and National Films Archive of India) I got introduced to many notable as well as aspiring filmmakers, which subsequently did alter my perception towards cognitive, societal, and universal issues in a notable way. I believe those who want to practice law should not restrict themselves only to the law syllabus provided by the university; everything that has rules/procedures is Law in itself, be it Fine Art, life, or Rocket Science.

    Juxtaposing GPAs and Career goals, I believe, once a professional degree is obtained, one can explore the new world; of course that requires the most basic necessity called inquisitiveness for everything tangible and intangible. In my view, one must concentrate on exploring his/her own personality and taste for life during the course tenure, rather than just getting entangled in Sections and Sub-sections. The best lessons of jurisprudence are scattered around outside the text books.

    If you are good, you are good; no GPAs or a certificate can define anybody who is going to practise law. One has to earn his medals in the battle ground only.

     

     

    What kind of internships did you engage in during your student years?

    I had undergone corporate as well as ligation internships during my student time. However, the corporate internships did actually outline my working style and perspective towards practicing law in the courts as I follow the same model of work culture even while practising litigation today.

    I specifically value my internship in JSA, Bangalore, during my fourth semester, and to be specific, I am grateful to Mr. Sajai Singh (Partner) for how he encouraged me during my internship to work on complicated legal matters single handedly without having to worry about committing mistakes. He too taught me to never judge one by his/her current capabilities, as those who keep constantly working with interest get better in that field sooner. That confidence building in me had proved to be really helpful in taking courageous decisions in my profession in later stages. That is the reason, we at A&S Law Chamber and Consultants focus greatly on training our interns/associates and provide them with the best work culture, learning experience, and creative freedom with whatever limited resources we have currently. We believe, as the human generation changes every 25 years, we would try our best in creating at least a few next generation top brasses in this profession.

     

    What are your areas of specialisation, and when/how did you go about choosing these? 

    Currently, we at A&S are dealing with a lot of cases relating to the Contract, Real Estate, Labour, Consumer, Family, Mining, Arbitration, Banking, Service and Criminal Laws. Our practice ranges from the tribunals to the trial courts up till the higher judiciary. I personally appear for many government matters, which give me ample opportunities to represent the public interests at large and is enormously satisfying. Categorically, there is no specialisation, per say, as I don’t consider it prudent to limit the practice areas and bring monotony to my advocacy skills.

    If I have to advise to any promising aspirant of advocacy, I would suggest him/her to explore various subjects in law before restricting to any specific area, as specialisation is a matter of eventuality and choice after considerable years of gathering experience and mostly falling short of time to focus on different courts and subjects. Thus, when one is energetic and young he/she must travel the distance and get enlightened before being branded wise and worthy to pick a single subject to propagate.

    Would you say law school prepared you for the real world practice of law?

    As soon as I graduated, I joined Amarchand & Mangaldas’s New Delhi office and it was a marvelous experience to be part of a Tier-I law firm in India. I worked majorly on Supreme Court matters there, drafting SLPs, researching legal principles and briefing eminent Senior Counsels of the Supreme Court of India during my tenure.

    Even though every law school prepares one in learning the basics of law and advocacy, the real world of practice has many variable factors to it other than these two. I believe my colleagues and friends in the profession definitely would agree to my statement. It’s a diverse, satisfying and unique experience to practice law especially on your own and all together, to each his own.

     

    What are the challenges that one needs to prepare himself/herself for when they step out of the comfort of a law school and into the real working world?

    Law school prepares one for the real working world just as Abhimanyu in Mahabharata was prepared for the Chakryavyuh. From my personal experience, and being entirely blunt, I must say, law students (first generation lawyers) who are aspiring to argue matters in the court rooms must not expect charity or abundance of opportunities just by the legacy of their alma mater; it’s a tough and merciless world out there. Though there are many Hon’ble Judges who really encourage young advocates to argue before them, one needs to either have his/her own clients or the permission by the mentor.

    Everyone must always know that whenever they are completing any professional course and joining the profession, they are starting again from ground zero. If one is extremely fortunate he/she will find a mentor especially in this profession. Moreover, as this profession involves the best of the soft skills in every sphere, very seldom would one find that guru who is going to train the fresh graduates out of his/her own volition. It is painful and tragic sometimes, but it is worth it to be a first generation lawyer in the end. So in my opinion, the aspiring first generation advocates having the heart of the legendary Sempronious Densus only must enter the profession guarding their “own will power” every moment, as the glory shall follow for sure though after a good deal of ordeals.

     

    Who or what was your main source of inspiration which motivated you all along the way?

    My developmental years as a lawyer were mainly mentored by my introspections. I mostly take my inspiration from Mother Nature; she’s truly the best teacher and answer book one could ever have. However, I admit, I have been professionally stirred by reading about many eminent lawyers and other notable personalities (just like Ekalavya), as I had no direct training under them.

    My father was a civil servant, whom I have watched closely since my childhood dealing with complicated law and order  situations and taking wise decisions in the most adverse conditions; those moments have lasting impressions on me and inspire me to deal with issues and interests of people and the society as well as to work under challenging environments.

    Then there are many scriptures and literatures that have left an indelible mark on my life and personality. In addition to the support of my family, there are many near and dear ones who have moulded me, supported and motivated me constantly to make me what I am today. I consider myself to be perpetually obliged to all of them for their contribution, concern and affection towards me. In short, my main source of daily motivation is to make them proud and bring them a smile.

     

    What does a Tier I firm like Amarchand & Mangaldas (where you’ve worked previously) look for in prospective employees?

    Law firms like Amarchand & Mangaldas are warehouses of brilliance; they are the hardest training grounds any young lawyer can look forward to. The Top tier law firms generally look for one’s capability to work hard and smart; mostly doing the research, drafting and briefing work. However, anybody who is looking forward to being an advocate having notable court crafts and not just a lawyer, he/she must focus on either training under a good senior counsel or go independent and develop his/her own crafts.

    I have really enjoyed working with Amarchand & Mangaldas, though it was for a brief period of time. However, I feel, I have mastered my skills of advocacy during the course of my independent practice, where I had the liberty to make my own mistakes, amend it and learn my lessons.

     

    Tell us about your current association with A&S Law Chambers and Consultants as a Managing Partner. 

    My association with A&S Law Chamber and Consultants originates with the firm itself, as I am one of the founding partners of the same. My other Partner Mr. Susrut Varun Das is an alumnus of HNLU, Raipur and University of Aukland, New Zealand. We were batch mates during the +2 days before we even decided to study law. After completing our law studies and respective brief stints in two different legal sectors, we finally decided together to set up A&S Law Chamber. Mostly, the start up idea originated as we would often deliberate that the kind of legal services and solutions an advocate/lawyer can provide are colossal, but the same have always been overlooked by the traditional methods those are being followed since ages. Thus, we are constantly innovating novel ideas for the legal sector at A&S, which are in the pipeline and soon will be launched within a few years.

    We work 24/7 as of now and will continue to do so in building a team of lawyers, who would not only be competent, creative, ethical and smart, but also work on war footing and are ready to cater to the needs of the clients and the society at any moment.

     

    Give us a brief capsule of the life of a partner and your average working day experience.

    As I have expressed earlier, as a Managing Partner of a law firm and a growing organisation, I work 24/7. Only the associates and support staff avail the luxury of holidays and rests. My average work day is not restricted to any particular hours. I take rest when I crash out; either once in two weeks if the workload is too much or I just take a day off in a month or two, just to recouperate and come back to the job.

    Mostly, my day begins around 5 AM as I wake up and look after my small terrace garden taking care of my plants. Then by 7 AM I am caught up with phone calls even at home and it is followed by logging into the office by around 9-9:30 AM. Generally, on the hearing days, I log in by 8-8:30 AM and then the whole day is spent in the court rooms or travelling between different courts, and then after 5 PM I am either drafting or researching or meeting clients till the late evening till around 11 PM. Many times, even I leave office the next day morning around 6 AM, freshen up, and resume office again at 8 AM. There are no specific working hours for me, as is the case with every young lawyer.

    On the weekends, I remain caught up delivering lectures in various institutes pertaining to legal subjects, or else, if there is free time, I do some old school photography or catch up with some friends for a coffee or dinner (though, that luxury is very rare now). However, it is gratifying to be at the office and working for longer hours, as we have a very liberal set up and we are like a family at A&S.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    I feel inadequately equipped to impart any wisdom as I consider myself to be a budding lawyer as well. I strive hard to learn new things every day. However, as a note of appreciation, I could state, the new generation of budding lawyers is truly inspiring in terms of their skills and capabilities. Thus, they must work collectively towards shaping society and not getting swayed away by the auxiliary perks this profession offers and forget their actual goals. All my impatient young friends in the profession should not worry for pecuniary success immediately and must remain determined (stitha-pragyan) while keeping in mind the Verse 38 from Chapter II, of the Bhagavat Gita that says,

    “By equalizing happiness and sorrow, profit and loss, triumph and failure while encountering a battle, and thus doing the duties one shall not incur any sin.”  

    I even love to learn from my associates and interns, who really honour their work.

    The only thing I could mark as the bottom line to this specific question is “the world is a school and you must never stop learning”.

  • Saranya Gopinath, General Counsel, Khosla Labs, on being Executive Director at Step Up for India, working at Goldman Sachs, and her experience

    Saranya Gopinath, General Counsel, Khosla Labs, on being Executive Director at Step Up for India, working at Goldman Sachs, and her experience

    Saranya Gopinath graduated from Symbiosis Law School in 2011. Since then, she has been associated with Goldman Sachs India, Juris Corp, eGovernments Foundation, Novopay Solutions, and Khosla Labs. She is currently the executive director of a small not-for-profit organisation called Step Up for India, as well as the General Counsel for Khosla Labs and the incubated projects.

    In this interview we speak to her about:

    • Studying at Symbiosis
    • Being General Counsel at Khosla
    • Working at Goldman Sachs

    How would you like to introduce yourself to our readers?

    A first generation lawyer who has had wonderful learning opportunities and the chance to take advantage of each of them.

     

    What motivated you to opt for legal studies after school?

    My tryst with legal studies was a wonderful chance. Through 12th grade, I realised that I didn’t find myself with the requisite passion to pursue engineering. At around the same time, I started paying more attention to the Indian political and administrative systems and their impact. Having done my entire schooling in Dubai, the exploration was one which captured my thought process.  Several meetings and conversations later I found myself intrigued by the Indian Administrative Services. That was actually the plan, law was supposed to be the effective first step towards joining the IAS. My schooling experience across co-curricular and leadership roles provided fodder to that idea. But then I got introduced to corporate law, and here we are today!

     

    Having graduated from Symbiosis, Pune, did you ever feel that there is a divide between NLU and Non-NLU students?

    There is no denying that the NLU brand does help in getting your foot through the door, be it internships or your first job. But at the workplace, nobody has the time to find your university pedigree before reviewing your work. Just as any industry, your career trajectory is determined by how much you bring to the table when you are there. It becomes your only calling card.

    My two cents to non-NLU students: play the underdog card. Just work twice as hard.

     

    How important are grades, in your opinion?

    Grades are undeniably important while getting your internships. They also hold substantial weight while applying for further studies. They show someone how you value legal studies and how well you can apply yourself.  But there is an inherent disconnect in the question. Targeting the big bucks cannot possibly be the goal when you are writing your exams.

    As far as the workplace is concerned, they don’t ask you for your grades when you are gearing up for a negotiation. What does affect the chance of earning the big bucks is what you learn. The industry is cognizant of the fact that freshers may not know a lot of practicalities and in some cases, some subjects aren’t even taught in all law schools, such as securities law.  But they do expect you to have your basics in order. There is no replacement nor excuse for that. Any notion that one can pass by without adequately understanding and appreciating the law is dispelled rather quickly, big bucks being a far cry from there.

     

    What subjects did you take particular interest in during your law school days?

    Like a lot of law students, in the initial years I found IPR extremely interesting and my first few internships were spent trying to pursue that. But during later years I found love in constitutional law and corporate law. While my curiosity in the former found some outlet in the form of moots and other research, I found that my curiosity in the latter could only be satiated by internships. At my internships- I would try to chase down the partners who worked in areas I liked and asked them for work. During my first internship at Juris Corp. the takeover code had just got a re-haul and was released.  I had the opportunity to work on an analysis of the changes and that deepened my interest in corporate law, a feature which informed my future decisions to join Juris Corp as well as Khosla Labs.

     

    What were the activities, academic or otherwise, that you undertook in your law school days which in your opinion have shaped you and your career?

    Symbiosis provided a great atmosphere where you could pursue a wide variety of interests that tickled your fancy, be it curricular or co-curricular. I explored theater and paper presentations but spent a majority of my time in mooting. The mooting experience allowed me to fortify my basics and develop the ability to think about every topic laterally, a skill that helps me immensely in my current role. Modern day legal challenges involve applying existing legal principles to new concepts in fields such as finance and technology. The skills learnt in mooting help address these challenges with a strong foundation.

     

    Who was your mentor, or main source of inspiration who motivated you all along the way?

    While I have not had one mentor, so to speak, I’ve been fortunate to have had a whole bunch of great influences. My parents and my brother have influenced my work ethic and my brother, in particular, encouraged a sense of curiosity. But apart from my family and of course my friends in law school, I have had great seniors and bosses who always encouraged me and pushed me beyond my comfort zone. One memory that stands out is when Mr. Jayesh was working personally on a transaction and we were drafting into the early hours of the morning. At about 3 AM, I disagreed with him about the way a certain clause needs to be drafted. Considering I was a second year associate, he could have told me that we could discuss it in detail later. But instead, at 3 AM, he spent time explaining the concept to the point where he was convinced that I was convinced. That experience really made me understand how the profession is not just about knocking out documents. Yet, that was just one of the many experiences in Juris Corp. Suprio Bose, Sonali Sharma, Veena Sivaramakrishnan and Hoshedar Wadia have each encouraged me to continue asking questions. And great colleagues like Bharat Budholia and Manali Gogate have kept the learning spark alive. At Khosla Labs, Srikanth Nadhamuni has lead by example in showing what inclusive leadership looks like.

     

    What kind of internships did you engage in during your student years which you feel were invaluable to you in reaching your current position?

    Through my career, I have made a calculated decision to work with mid  to small sized firms to get more experience. It helped me work on diverse practice areas and take substantial responsibility early on, a strategy which helped me take on my current role without too much trepidation. My engagements with Crawford Bayley and a litigation lawyer in Rajahmundry, Andhra Pradesh informed my decisions in the way I want to approach my practice and formed my principles in the workplace early on.

     

    What are your areas of practice?

    As general counsel in an innovation lab, my practice areas on a daily basis range from general corporate to intellectual property to labour law. Early exposure to different fields has helped me respond to the different challenges of the job. If after a few internships you know exactly which field of law you want to pursue- that’s great. But there is no virtue to it if it stops you from trying out different experiences. I think its perfectly fine to take your time in the workplace to decide the field. In my opinion, working full time and the responsibilities you take on cannot adequately compare to an internship, in influencing the career path you want to chisel out.

     

    Tell us about your experience as a secondee at Goldman Sachs India Finance Private Limited.

    Working with Goldman Sachs was a brilliant experience. I was fortunate enough to be seconded from Juris Corp and work with the VP of Legal, India as a green first year associate. Being exposed to the inner workings of a financial organisation such as Goldman Sachs was a great reality check. My learnings then and the responsibilities I was working on really influenced the manner in which I view transactions and the import I gave to understanding the practical nature of our work. It helped me understand the requirements of future clients and how best to assist them.

     

    Tell us more about your current job profile at Khosla Labs.

    In house practice is very different from firm practice, especially in a start up. Your colleagues need solutions and they need it fast. The impetus is on practicality rather than the eloquence of the advice. My aim has been to understand the different areas of operation as well as possible. Most often, the solution is a combination of legal and operational answers. As a result, my day largely involves meetings and having in depth discussions with various stakeholders. Drafting work often starts at about six in the evening into the night, with the idea being to wrap up in time for discussions and reviews the next morning.

     

    Between Bangalore and Mumbai, which work environment more is conducive to pursue law in?

    Mumbai is my first love. The city matches the enthusiastic pace of someone in their first job and teaches you the value of hard work. But to be fair, my experience doesn’t provide an apples to apples comparison because across the two cities. I’ve also moved from law firm to in house practice. As a result, my Bangalore experience has more highlights of diversity, in terms of professions and practices and as a result has introduced me to various thought processes.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    Remain curious. Keep reading and keep asking questions. Not just in the field of law. Cultivate an interest in reading topics from different fields- economics, current affairs, technology, whatever intrigues you. If you get bored of learning, you run the risk of falling short of your potential.

  • Adab Singh Kapoor, Managing Partner, Adab Singh Kapoor & Associates, on starting his own firm, and pursuing a Ph.D

    Adab Singh Kapoor, Managing Partner, Adab Singh Kapoor & Associates, on starting his own firm, and pursuing a Ph.D

    Adab graduated from Symbiosis Law School, Pune in 2009. During his graduation he also completed the Company Secretary Course and diplomas such as Diploma in International Business Laws and Corporate Laws, Advanced Diploma in Taxation laws, Diploma in Cyber Law, Diploma in Intellectual Property Law. Subsequently, he completed his LLM in Energy Laws from UPES in 2015. Immediately after graduating, he started working with Paras Kuhad and Associates at its Delhi office, followed by a brief stint at DSK Legal at its Delhi office. In December 2011, he set up his law firm, Adab Singh Kapoor and Associates. 

    In this interview we speak to him about:

    • His time at Symbiosis
    • Setting up his own firm
    • Pursuing a Ph.D

    When did you decide to take up law as your profession? 

    I was a science student and was contemplating a career in engineering, as was the sentiment amongst most of my batch mates then in St. Patrick’s School, Asansol, West Bengal. However, after class 12, I did not see myself pursuing further studies in Engineering. It was at that time when I figured that I should pursue a career which resonated with my strengths and interests. I was into public speaking and enjoyed it and felt that I should pursue a career which required public speaking and good communication skills. It was at this point that a career in law started making sense and I decided to pursue it.

     

    Tell us a bit about your time as an undergraduate student at Symbiosis International University.

    The five years were the most formative years of my life. Not only were we trained academically but were also given opportunities to take several initiatives. As such it contributed to our all around development and has stood me in good stead. Certain bold and brave decisions taken early in my professional career may have been more difficult to take had it not been for the initiatives which were taken in Symbiosis and which were duly encouraged by the management. Symbhav ‘09 was one of them! Organizing the fest on a magnified scale, that too for the first time, presented its own set of challenges. It was our staunch belief in the cause that made the fest a success and now a legacy! The cardinal lessons that I learnt on entrepreneurship, teamwork as well as marketing played their part when I started my own practice.

    I was also fortunate to have stayed at the Symbiosis International Hostel for five years wherein I had the opportunity to interact with several international students and learn about their culture and backgrounds. Also, staying on campus gave me the opportunity to witness several programs held at the Vishwabhavan Auditorium, thereby further enhancing my learning experience.

     

    What are the activities that you took up in law school?

    I was fortunate to be involved in several extra curricular and co-curricular activities in Law School. I deeply value the trust reposed in me by Dr. Shashikala Gurpur (Principal), Dr C J Rawandale (Vice Principal) and the faculty of Symbiosis Law School, Pune and for their constant support and guidance. I was the First President of the Student Council in 2009, Convenor of the first edition of Symbhav, 2009, which, was the first cultural-cum-sports fest of Symbiosis Law School, Pune and which is continuing till date. Besides, I was the founding member of the Tech Legal Cell as well as the Sports Committee of the Law School. I also initiated the Make a Difference (MAD) project, under the aegis of the Human Rights Cell, at Law School, which was an initiative to teach under-privileged children.

    At Law School, I always focused on maximizing my time by ensuring that I remain productive. With respect to balancing academics and the different co-curricular activities, my approach had always been to direct my energy into doing what I was doing with whole-hearted devotion and dedication. If I was keen to participate in an extra-curricular or a co-curricular activity, then with single-minded focus I worked towards doing it well. A few weeks before the examinations, the focus shifted to studies. Over the years, I have realized the importance of having a schedule and trying to stick to the schedule, whether daily or weekly. That way, one can lead a more balanced and fulfilling life.


    What were you areas of interest during your legal education? 

    At law school, I was always open to explore different areas of legal practice. That is one of the reasons I pursued courses and diplomas in different areas. I believe that one should have a varied skill-set and therefore ought not specialize too early.

    I continue to have interest in varied fields of practice and apart from running a full-service law firm, I am also continuing with my academic pursuits.   

     

    What are the causes you feel strongly about? 

    Women empowerment is a cause I am passionate about. I have worked for this cause in association with various NGOs both in India and abroad. Also, I used to offer weekly legal counselling and awareness sessions to the marginalized women on issues of domestic violence. I am also founder of a trust by the name Punyakarta that inter alia addresses the cause of women empowerment.

     

    Could you tell us about the internships you took up, and what you learnt from those experiences?

    Internships are an opportunity to observe real-life practitioners in action and gain an insight into competitive and unpredictable world that is not as forgiving as the professors in law-school. My internships were diverse. I would attribute significant elements of my assimilated courtroom craft to the mentorship that I received from Senior Adv. Mr. Arun Jaitley, Senior Adv. Mr. Ashok De and Adv. Mr. Tapan Chatterjee. I also assimilated assorted legal acumen due to my internships at Amarchand Mangaldas, AZB & Partners. My internship with Hon’ble Mr. Justice Pradeep Nandrajog, was a very enriching experience as well.

     

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

    ​My transition from a law student to a lawyer is analogous to the metamorphosis of a caterpillar into a butterfly! In hindsight, I realize that participating in varied set of activities at law-school such as mooting, debating apart from actuating societies such as Tech Legal Cell infused the necessary practical skills, which were required to sustain myself at the time when I was stepping into the profession.


    Tell us about your early professional experiences at Paras Kuhad & Associates, Advocates.

    My stint with Paras Kuhad & Associates will always remain special, as it was my first job. I was selected through the campus recruitment process during my final year at Law School. I would like to reiterate the fact that no matter how prepared you think you are for the legal profession, and as clichéd as it might sound, reality hits you only when you actually start working. Remarkably, at Paras Kuhad, I was afforded the opportunity to argue even in the Supreme Court, which is uncommon for someone who is new to the practice. Apart from instilling tremendous confidence in me, this further fortified my conviction that I was meant for litigation.


    What motivated you to quit your job at Paras Kuhad & Associates, Advocates to take up a position with DSK Legal? 

    I had a short stint with DSK Legal where I was given an opportunity to work upon regulatory matters. Working at DSK Legal made me realize the importance of Energy laws as an upcoming field, after which I decided to pursue an LLM in Energy Laws from UPES, Dehradun.

     

    What tips would you give students and young lawyers who are inclined to research and academic writing?

    I think that it is imperative for any researcher to develop his own perspective on concurrent and pervasive legal issues as well as the courage to bring into light his own independent thought process through his articles. Essentially, law students should try to find existing gaps in the academic sphere and try to fill those gaps as opposed to rehashing what is already available.

     

    What are the challenges and learning opportunities that you were faced with while starting your independent practice in 2011?

    The real challenge for me, after starting my individual practice lied in multi-tasking. There lies a certain level of formidability in delivering quality work while you are balancing the entrepreneurial aspects of the job. However, if you are determined to be a little different from the established firms out there, you tend to thrive in the challenge. Additionally, finding the right people is also a quandary, which vexed me during my initial phase of my independent practice. Having said that I believe that if one keeps a professional approach and is determined to make it somewhere, these hurdles can easily be crossed.

    Can you please share with the readers your work profile so far? 

    Firm administration, Personnel Management, Business Development, apart from the work itself are some of the regular chores that one has to go through. I also believe that one should be nimble-fingered while following the whole process of assigning and delegating tasks to the right people. Other than developing my own practice, it is also important for me to ensure that there is holistic development of all the firm members. I try to work from the perspective that everyone evolves into a better professional.

     

    What motivates you to continue your formal learning, how do you make time for it given your busy schedule?

    (Adab has pursued an LLM in Energy Laws and is presently pursuing a PhD in Legal Studies.)

    Lawyers never stop learning! As banal as that it may sound, it holds true. I still consider myself to be a learner of law and in my view the whole process of formal learning ensures that my perspective is broadened.

     

    On what parameters do you choose the cases you work on? 

    Initially, I accepted whatever work came to me. Subsequently I focused more into dispute resolution. In my opinion, when starting up, one should not be too selective in choosing the work and should see to it that he/she is able to obtain as well as work upon a variety of client deliverables.

     

    Did you have a mentor or guide during the formative years of your career?

    The significance of mentorship cannot be undermined in our profession and I believe that every young law student/ lawyer should make sincere efforts to foster a relationship with the right kind of people in the legal industry.

    I would always be grateful to the mentorship that I received from Senior Adv. Mr. C.M Lall. It is his ability to maintain a healthy work-life balance is what amazed me the most. In addition to being adroit at courtroom craft, he is also an excellent family person.

     

    What books, judgments that you have read would you say have played an integral role in shaping your legal philosophy?

     I was greatly inspired by movies such as A Few Good Men and Chariots of Fire. I still remember the quote from the movie Chariots of Fire; “I believe God made me for a purpose, but he also made me fast. And when I run I feel his pleasure.” This quote is significant because it cleared my head that I should pursue a career in litigation.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    Do not join the bandwagon. Do what you believe in. Through the profession also devote time to serve the society and humanity. 

     

     

  • Sakshi Raut, Legal Manager, DSK Legal, on her internships, corporate law, and her experience thus far

    Sakshi Raut, Legal Manager, DSK Legal, on her internships, corporate law, and her experience thus far

    Sakshi graduated from Symbiosis Law School, Pune in 2010. She joined DSK Legal, Mumbai, right after law school and has been working there for the past seven years. Her primary focus currently is on corporate law which includes corporate transactions, corporate advisory and commercial contracts.

    In this interview we speak to her about:

    • Her time at Symbiosis
    • Her internship experience
    • Her role at DSK Legal

     

    How would you like to introduce yourself to our readers?

    Independent of my work, on a personal level, I am a person who loves to travel and explore various aspects of a culture.

    When did you decide to make a career in the world of law?

    I was the first lawyer from my family in the recent generations. Initially my father would always encourage me to pursue Economics. However, post high school, I nearly took up Economics as my graduation subject. While discussing future possibilities with a friend of mine, I stumbled upon the opportunities which law could offer. I liked the knowledge and the opportunities it brought to the table.

     

    How were your years as a student at Symbiosis Law School, Pune?

    Coming from a relatively traditional city, Pune was quite liberal, I must say. Symbiosis Law School (SLS) had students who came from various parts of the world and different sections of the society with diverse thoughts. The five years at SLS helped me connect with such people ultimately contributing to my growth as a human being. My father being in a transferable job ensured we kept moving cities while I was growing up and this helped me connect with different people from different walks of life.

    During my time at SLS, we did not have many internal assignments like they do today and therefore I had the luxury  to explore a variety of extra-curricular activities as well as carry out assignments outside of college. Having said that, academics and my grades have always been very important to me. Therefore, while I used the extra time to carry out extra-curricular activities which I can elaborate on a little later, I used a lot of my time to explore the city and nearby places. However, I never compromised on my grades. It is very important to strike the right balance between these two.

     

    Did you take part in any extra-curricular activities?

    College is where everyone finds his or her interest and mostly it is discovered through the trial and error method. Everyone tends to take part in things not solely because of their inclination or interest but also because they see their counterparts doing the same things and in the process, we find our muse. The same thing happened to me. Initially I engaged in several extra-curricular activities like moots, volunteering for different events including our college fest Symbhav. However, I think what I enjoyed doing most was the work I got to do as a part of the Human Rights Cell of my college. It was a very enlightening experience. During one of my assignments, I had to visit the women at the red-light area of Pune and encourage the use of condoms amongst them. This whole experience exposed me to the harsh realities of life which most of us have been fortunate enough to not be faced with. This is when I realized that it is us who must stand up for people who do not have the means to fight for themselves.

     

    During your formative years as a student, what were your other fields of interest?

    As indicated earlier, my father was (actually still is) in a transferable job and hence moving with him regularly I lived in multiple cities at different points in time. Every place was different in its own way, I made new friends and gained varied experiences. This is represented in my love of travel. Travelling can be inspiring and enriching. I also was a swimmer and represented some clubs that I was a part of. Dance and music have always been very close to me since I was in school.

     

    What are your fields of specialization?

    Here I must admit that DSK Legal has been kind to me. At DSK Legal, I have been fortunate to have had the opportunity to experience a large gamut of work, which has in fact allowed me to realise what my interests are. The best part of having to do a broad range of work is that it helps you decide where your interest lies, what you are good at and what challenges you while also giving you the legal knowledge and practical experience of how things are done. Over the years, I have got more focused on certain areas which have interested me, and accordingly, most of my work today would primarily focus on advising and assisting clients for their investments/acquisitions/mergers (both India and cross-border) across several industry sectors and advising global companies having an Indian presence under corporate and labour laws and commercial contracts. As a lawyer, you are always learning something new every day. This is what drives me on in this profession.

    To find out what interests you and what challenges you, you must try out different things. Therefore, it is essential that in the initial years on the job you engage in a variety of work which can ultimately help you to make an informed decision. I know for a fact that doing a due diligence is not something that fascinates everyone, however, the amount of knowledge that one gains in the process is immense.

     

    Could you please tell us about the internship programs you were engaged in?

    When I was in law school, Pune did not have much of a presence of law firms as it does now. Hence, the period of your internship was limited to the vacation time which may not be enough considering there is so much to learn. However, I was very particular about one thing which was that I had to experiment with multiple aspects of the legal field. Accordingly, I started my internship with an NGO. After that I interned with a law firm in Bombay which primarily dealt with banking laws. Thereafter, I interned with a Senior Counsel in the Supreme Court, followed by an internship at an IPR firm in Delhi and then DSK Legal, Mumbai. During my first internship at DSK Legal, I got a call back for a second internship. As luck would have it, I was the only intern in the team at the time, and therefore I got some great work both in terms of quality and quantity. I was also fortunate to have very supportive seniors who were there to guide me through every step of the way. At the end of my final year, I was offered the position of an Associate. The idea on internships was that you should try and get a variety of internships so that you can gather different experiences and choose what fields of law really interest you. Practical knowledge on a subject is important when making this decision.

     

    How would you describe the period from being a graduate to starting as a corporate lawyer?

    Fortunately, for me, since I had already had two stints of internship at DSK Legal before joining them as an associate, I did not face many challenges in the transition process. Additionally, I joined work only a few days after my final semester exams so the process was very quick for me and before I knew it, I was already on the job doing my first corporate transaction. While I do not believe that it should happen to everyone the way it happened in my case, it is very important for both the lawyer and the firm, that the prospective joinees intern in the field of their choice of law and acquire practical knowledge before they start work as an associate.

     

    How would you describe a day in the office of a Manager at a reputed firm like DSK Legal?

    After having spent seven years in the profession, there vests a reasonable amount of responsibility and supervision on my shoulders. However, at DSK Legal, we are encouraged to take on a lot more at this stage. While this role encompasses supervision and review of the work done by your junior colleagues, taking responsibility and ownership of the entire collective assignment, while ensuring an effective execution and implementation of the task assigned is essential. The task need not be matter specific at all times. At this stage, it is also about what it is that you bring to the table which takes you, at a personal level and the firm at a larger level, ahead. Being in the service industry, client acceptability is critical for us. Besides this, you also have the duty to mentor your juniors and participate in client strategy discussions.

     

    Could you share some advice for the interns at DSK Legal?

    While it is not fair to expect an intern to know the practical aspects of law, it is expected that they know the basic legal concepts. For any person, willingness to happily learn should be the most important thing under any circumstance. It is one of the most important driving factors which motivates you to enrich yourself. One should also be sincere towards their work, being responsible is an essential attribute for any professional. Also, one must respect the values any organisation is built with.

     

    Do you have any causes which you strongly feel for?

    I feel very strongly for two things, people who are less fortunate and people who do not have the means to stand up for themselves. I feel I have been fortunate and it is my duty as a fellow being to help such persons and contribute in bringing change however small it may be.

     

    What do you do when you’re not working?

    Like I said before and at the cost of sounding repetitive, I love to travel. A new place, an unfamiliar environment, an unexplored culture brings out a different spark in you. You learn how to handle a situation, how to conduct yourself according to the situation, how to be with people.

     

    Any parting words of wisdom for our readers?

    Just work hard, be sincere, always put your best into whatever you do and be open to learning and never give up. And job is a means to an end not an end itself. So, it is equally important to enjoy life, make memories which will last a lifetime. It is okay to have your share of sorrows and failures as for every experience make you the person that you are.

     

     

  • Arijit Bhattacharyya, Assistant Manager/Senior Consultant, PricewaterhouseCoopers India, on working for the Big Four, and his diverse experience

    Arijit Bhattacharyya, Assistant Manager/Senior Consultant, PricewaterhouseCoopers India, on working for the Big Four, and his diverse experience

    Arijit Bhattacharyya graduated from Symbiosis Law School, Pune, in 2010. After successful stints with Softcell Technologies Ltd., and AXA Business Services Pvt. Ltd., he went on to work in the capacity of Consultant- Risk Advisory Services (TMT) at Ernst & Young LLP. Currently, he is a TMT Lawyer and a Business Consultant currently deployed in the Risk Advisory Services LoS of PwC specialising in providing ITeS clients advisory services overlooking areas of Overseas Expatriate Taxation, Employee Mobility strategy and policies. He regularly advises clients on regulatory compliance of employment, payroll tax and mobility laws of predominantly Americas and Europe region.

    In this interview we speak to him about:

    • Working at two firms out of the coveted Big Four
    • Striking work-life balance
    • His experience thus far

    What inspired you to take up law? 

    While there was no such resistance from my family and acquaintances, there was a lot of doubt / suspicion regarding the career path I would eventually follow. I am a first generation lawyer in the family and no one in my immediate family is associated with law or legal practice. However, when I was starting to prepare for my 12th board exams, I was specialising in commerce, two of my seniors were trying for national law schools through various entrance tests. There was no CLAT back then and each law school conducted their own entrance tests. One of my seniors cracked NALSAR and I was bit by the curiosity bug. I researched about the five year integrated law course and the diverse career options it comes with. My parents were supportive of the fact that I took one whole year off just to prepare for the entrance exams and after a year of preparation I finally got into Symbiosis, Pune. Symbiosis was a good and established brand and thus I went ahead with the admission formalities.

     

    Tell us a bit about your time studying law as an undergraduate student at Symbiosis Law School, Pune.

    I hail from a small town in West Bengal, and as such soaking up the popular Pune culture took time. Law as a discipline was new to me. Nevertheless, I managed to stay afloat academically while participating in various extra-curricular activities throughout the first two years of college. During my first year, I participated in a cultural exchange programme titled “Lexus Nexus Symphony” and went on to participate in fests such as Mood Indigo – IIT Bombay. My grades improved drastically third year onwards as I got a foothold on the exam pattern as well as when specialised subjects were introduced like International Law, Corporate Finance, Accountancy and Taxation. I took a general liking towards the specialised subjects in which I scored more.

     

    What were your areas of interest during your legal education? 

    My areas of interest during my law school days were a mix of subjects. I took general liking towards International law, Company law and Taxation. Naturally, my interest in Company law paved the way for my inclination towards regulatory compliance. However, in practice, my short traineeship in Legasis Partners opened up Regulatory Compliance as a viable practice area. Nevertheless, it has taken me seven years to gain a foothold in the Regulatory Compliance domain. While on the domestic front Regulatory Compliance is seeing frequent enforcement now, the scenario is very different in global markets with enforcements being conducted by enforcement agencies frequently. Hence, subsidiaries of Indian companies run the risk of getting pulled up by enforcement agencies quite often. Very few people know that Regulatory Compliance as a career choice is equally rewarding.

     

    Could you tell us about the internships you took up, and what you learnt from those experiences?

    Of all the organisations I interned with, my memorable experiences are when I had interned with Victor & Moses, a full service law firm based out of Kolkata, and Tata Steel, Mumbai. Both the internships were very enriching and taught me the everyday nuances of a corporate lawyer’s life that I am leading now. More than expertise, these internships taught me the schedule of a corporate lawyer and the various roles you need to juggle with when at work. I would not be honest if I mentioned that the above internships imparted expertise in the truest manner, as, you need to intern with a particular law firm twice or thrice to gain a foothold in any particular subject matter.

    What advice would you give students in avoiding a decision paralysis?

    Rather than choosing to study further immediately after completion of graduation, I would suggest students to focus on choosing the right place of work where for the first three years, one would learn from their seniors thereby acquainting themselves to a particular service area. Any further study should be taken up by an individual only when he/she has a foothold over an area of specialisation and want to probe more into the subject matter. Further, in light of the present day recession, the pros and cons should have been measured by the individual regarding the return on investment. This according to me is the practical choice, however, choices differ and ambitions vary from person to person, hence this is very much subjective to individual choices.

     

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

    The transition from a law student to a lawyer has not been smooth. Each day was a learning for me. Law schools invest heavily on the theoretical knowledge and do not prepare you with the practical knowledge of advocacy as well as advisory. Time and again the in-house counsel roles have changed to include popular business skills such as risk evaluation, risk management, data analysis, excel skills and cost evaluation.

    When it comes to a career in a Big Four advisory firm, the gamut of skills that you should be equipped with change drastically. Apart from soft skills, one should be very skilled in evaluating numbers and should at least have a basic idea of data analysis. I had to invest a lot of time in learning number crunching, excel analytics, advanced excel and data analytics for my roles in EY and PwC. As assignments in Big Four advisory are shorter in nature, one has to be very through and precise with knowledge pertaining to the regulatory risk area, its impact and the enforcement risk.

    What are some of the key nuances that are often overlooked in drafting and research?

    There is only one guideline to drafting and research and that is “attention to detail”. Any research work or drafting assignment should be properly thought through, comprehensive in nature and should not end in a rush. Remember, that even after checking the document n number of times there can be improvements made in the document and mistakes discovered.

     

    What prompted you to take up a position at the Ernst & Young LLP?

    The Brand itself was a deciding factor. EY is a leader in consulting, tax and audit not only in the global arena but in India, it tops all the other Big Four firms in terms of revenue, ranking, growth and employee strength. Moreover, EY was always a dream job for me. Bagging EY gave me recognition amongst my peers and even boosted my confidence. I owe my practice area and specialisation to my learning in EY. A regular year at EY would constitute of specialised trainings, business simulations and learning academies for honing business consulting skills.

    In EY I was part of the TMT team overlooking Technology sector and occasionally Telecommunications. I was part of the largest Technology team servicing a client list of who’s who of ITeS industry, NYSE listed organisations and Fortune 500 Companies. As a consultant, my primary job was to conduct third party regulatory assessments of overseas subsidiaries of ITeS companies in the areas of Employment, Immigration, Payroll tax and Data Protection laws, highlighting red flags, suggesting process improvements and cost saving initiatives. This aside, there were other assignments as well which kept me busy, such as compliance framework services for ITeS clients and contract risk review projects for Telecom clients.

     

    What was the experience of meeting with the Global CEO of Ernst & Young and sharing stage with him like?

    Typically, throughout school and college extracurricular activities have always kept on interesting me. Similarly, in EY I got the opportunity to be a founder member of an in-house rock band named RAAGA. Being a self-taught guitar player I play electric guitar mostly in my leisure time, and had the opportunity to participate in college fests during my early college days. However, when there was an announcement by a HR team member in the induction regarding registrations being sought for musicians, I couldn’t help but register myself. Over the next year and a half, the Partners at EY were supportive enough to invest in full studio equipment for us and we did host some of the memorable in-house rock shows in EY. One such in-house performance was scheduled specifically for the visit of the Global CEO and on completion of our show, we were greeted by him personally. He literally spent two minutes talking with us on stage. That was a priceless moment for me and would always remain etched in my heart. Meeting and talking to the Global CEO of an organisation like EY doesn’t happen everyday.

     

    Tell us about your present role at PricewaterhouseCoopers.

    The core service area and target clients I cater to has not changed much from my stint at EY. As an Assistant Manager / Senior Consultant, I now have got the opportunity to delve more in the practice areas that interest me. I am a subject matter expert of Overseas Expatriate Taxation and primarily specialise in leading third party regulatory compliance assessments of overseas subsidiaries of ITeS companies in the areas of Expatriate Taxation, Employee Mobility strategy and Regulatory compliance with employment, payroll tax and mobility laws of predominantly Americas and Europe region. PwC has offered me the opportunity to diversify my industry expertise to include Pharma clients as well. A routine yet significant part of my role also covers training of junior resources as well as taking part in sales pitch and other business development activities for my practice.

     

    What does a typical working day look like for you?

    A typical working day would start at 10:00 in the morning and go on till 10:00 / 11:00 in the night during peak season. However, there are regular shorter days at work during the lean season. My work profile includes meeting and interacting with clients, understanding their business needs, their business model, operations and business functions in order to add value to my services.

    Every single day at work is unpredictable which is why working in a Big Four is severely competitive and interesting as well. There are lots of multitasking required on a daily basis as one may be working on multiple projects/assignments at the same time. Time management, attention to detail and soft skills are of essence as there are stringent deadlines to be met more often and you have to be on your feet constantly.

     

    Did you have a mentor or guide during the formative years of your career? 

    I did have a mentor and guide during my college days and also during the early days of my career. In my college days it was my senior at college Adv. Boudhayan Bhattacharyya. While on the career front it was Apurva Amitesh who helped me develop my core expertise in regulatory compliance. It is certainly important for anyone to have a role model and a mentor to guide you during the early days of your career. It helps you to learn important skills from your mentor as well as prepare you for future roles.

    How do you manage your time between your professional and personal interests? 

    My interests outside law are motorcycle touring and playing guitar. Though time available is very limited during a working week, I do follow my interests and hobbies on weekends. I strictly take an annual vacation of ten days at the end of the year to strike a balance between leisure and work.

     

    Where would you like your career to take you five years down the line?

    Well I sincerely want myself to be regarded by my clients as one of the finest TMT lawyer and Business Consultant in the global employee mobility space.

     

    Is there any other suggestion you would like to give to our budding lawyers and Corporate law enthusiasts?

    Once you have chosen law as your career, at least by your fourth year be certain of the line of practice that you would want to pursue after graduating (advisory, academia, law firm, in-house counsel). Be sure to intern in a law firm more than once and keep exploring lines of service which interest you. Chances of landing a pre-placement offer with any law firm increases once you have interned with the law firm at least thrice and have been able to demonstrate keen interest in a specific area coupled with commitment to better your prospects in that area. In any case internships should be strictly limited to law firms as you learn more in a law firm. And like I said earlier, be focused on choosing the right place of work where for the first three to four years, you would learn from your seniors and get acquainted to a particular service area.

  • Kuber Dewan, Senior Associate, DMD Advocates, on Dispute Resolution, commercial litigation, and his experience

    Kuber Dewan, Senior Associate, DMD Advocates, on Dispute Resolution, commercial litigation, and his experience

    Kuber Dewan graduated from Symbiosis Law School, Pune, in 2008. After a brief stint with Khaitan Sud & Partners [erstwhile Khaitan Jayakar Sud & Vohra (KJSV)], he moved to DMD Advocates (erstwhile Dutt & Menon), New Delhi, where he works in the capacity of Senior Associate. His primary practice area is dispute resolution-litigation. He has represented the firm’s clients across fora, which involved appearing in and arguing matters before Courts and Tribunals, research, drafting and drawing up pleadings, submissions, notices, briefing & assisting Senior Counsel and research.

    In this interview we speak to him about:

    • His time at Symbiosis
    • His involvement in landmark cases
    • His experience thus far

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

    I have been practising in New Delhi since July 2008 and have been engaged with DMD Advocates (formerly known as Dutt & Menon) since November 2008, where I am currently retained in the Dispute Resolution team. My role involves representing the firm’s clients in arbitrations and commercial litigations across fora.

     

    Are you a first generation lawyer?

    While I would not say that I come from a family of lawyers (my parents are not lawyers), I do have a fair number of lawyers in my family, each of whom has played a contributory role in my choosing law as a profession.

    Tell us a bit about your college days at Symbiosis Law School, Pune. 

    Well, college days at Symbiosis and college days at Pune, while interrelated, are completely different and separate topics of discussion. Symbiosis had a course structure and execution thereof, which was unlike any other institution at the time, and the faculty was extremely supportive. No testimonial to Symbi is complete without special and specific mention to a couple of Professors who etched themselves in the memory of probably each and every one of my batchmates – one who took upon himself to introduce all of us to the creature known as The Law of Torts – calling upon each student by name, never making a mistake, never losing his temper – even at my tardiness in keeping to the time table as I was always late for his lecture, every single day (Torts was the first lecture of the day); the other, a practising lawyer, who took the time (and the pain) to explain, not teach (figure the difference) the concepts of the law of contracts. It was by reason of such institutions within an institution which made Symbi a great platform for legal education.

    Pune on the other hand, was a forum where I was introduced to the myriad cultures of the country, in that I had the opportunity of meeting and befriending individuals who hailed from different parts, each carrying with them cultural nuances, which I had never been exposed to in my school years in Delhi. It was also the first step towards actually growing up. The lessons learnt aren’t available in paperback or otherwise – they flow from the experiences lived. The friends and acquaintances gathered, have to a large extent shaped me to be the person I am today.

     

    Did you take part in co-curricular activities while in college? 

    Co-curricular activities are important in everyone’s life – not limited to a law student, I feel. That said, I have to confess that I was not very active with respect to co-curriculars in my college days. Barring participating in a singular moot court and two conferences organised by the college, I was not very active within the college – outside was a different story.

     

    How did you make the decision between Litigation and Corporate practice?

    To be honest, I did not know what people meant when they referred to “Corporate Lawyers” or “Corporate Practice” till I completed my first year. To my mind, the practice of law meant only that which involved studying in a chamber and appearing in court. Having learnt the distinction, the decision for me was a no-brainer, I had to get into the actual practice of law (no disrespect to corporate lawyers). While many may disagree and counter, my personal (and by no means popular and/or exhaustive opinion) is that the litigation practice is more dynamic and impactful, involving an incomprehensible number of variables and lastly is just down right exciting.

     

    Could you tell us about the internships you took up, and what you learnt from those experiences?

    I personally feel that internships are an extremely important part of a lawyers’ education. You can’t learn how to ride a bike by only reading about it can you? My initial internships were not participatory– I would merely shadow the lawyers whom I was training under; picking up tips & tricks along the way. Slightly smarter and better read, my internships during my third to fifth year, were where I had the opportunity of actually feeling like a lawyer – being knee deep in research and drafting (let’s not get too excited, they were just notes). Internships are a window into the profession. They may help a law student decide which field – litigation or corporate – they fancy and/or are better suited to.

     

    What advice would you give students in avoiding a decision paralysis?

    While further studies are never a bad option, it is a very individualistic choice – depending always on what direction a law student is looking to head in. It is therefore, in my view, important to first gather a year or two of experience in the profession before taking a call on whether or not to pursue further studies – be it an LLM, MBA or any other course. If a law student has the opportunity of pursuing further studies, that too overseas, the least s/he will take away from such a course would be experiences and insights of individuals from different parts of the world (or different ‘jurisdictions’ as lawyers would enjoy calling it) and develop a great network, which is invaluable for a lawyer, litigator or corporate.

     

    What influenced your decision in taking up a position with Khaitan & Khaitan [formerly Khaitan Sud & Partners]? 

    The decision was a guided one. 

     

    What was the transition like, from a law student to a lawyer?

    It’s not a transition – it’s a rude shock! From a happy-go-lucky attitude to suddenly waking up and smelling the coffee, quite literally. Initially it is a little tough to get your bearings, but you manage to settle in after a while. A whole lot of responsibility is thrust upon you all of a sudden, but you have to learn to cope with it – involves a little bit of growing up. The thrill of the first paycheck versus the monthly pocket money from home, lets you know that you have arrived.

     

    Do you think it is important to have someone to look up to and guide you during the initial phase of your career?

    Yes, but it is being betrayed by the roaring success that first-generation lawyers are achieving.

     

    What was the nature of work you took up during your time at Khaitan & Khaitan?

    Primarily research, miscellaneous/minor drafting, appearing before the Trial Courts, appearing before the High Court (seeking pass-overs and adjournments), assisting my seniors, senior counsel and the like.

    Though I was there for a short time, I picked up a lot – the mentoring style was to throw you into the deep end – the surest and quickest way to learn; which is something I appreciate to date.

     

    Tell us about your experience working at DMD Advocates?

    Diverse. Rigorous. Founded by two very passionate and dedicated lawyers, Ms. Dutt and Ms. Menon, both of whom I credit for shaping me into the lawyer and the person I am today, have taken the firm from its humble beginnings to the high powered juggernaut that is DMD today. The dedication and passion towards each and every matter inspires the best out of everyone. The smallest of court cases or transactions receives the same kind of attention and importance as the highest stake ones. You learn to appreciate that no work is too small or unimportant. Client satisfaction is paramount. At DMD it’s not just about winning the prize, but also about learning and respecting the game.

    The culture here is very unlike any other firm, where you are allocated into a particular team, ‘specializing’ in a particular area – at DMD, you are always in the ‘pool’ not settling into a particular stream or kind of work – the idea being that you should be a well-rounded lawyer – able to answer any query put up by a client. As a result of which I have had the opportunity to experience pretty much the A (Arbitration) to Z (Writs) of law, being involved in everything from Aviation cases, Arbitration & Commercial disputes, Consumer disputes, Tax matters, Mining matters to maritime & shipping related cases. Obviously, as you gain more experience and develop a skill-set associated with a particular field, you tend to lean more towards that particular field, which is appreciated and encouraged at DMD. The partners are always there to guide you, irrespective of seniority and the mentoring process is ongoing, at every level.

     

    What are the challenges and learning opportunities that you were faced with in your career as an advocate?

    No lawyer can ever claim to know everything. The practice of law is an ongoing education. Every brief, every case, every transaction, there is something new to learn. Each new case is a challenge. There is always a new question, a new issue, a new problem – if not new, it’s always different. You have to keep yourself abreast with the latest developments in law, constantly read up case law, familiarize yourself with commentaries, articles and publications. Attend seminars (or webinars, which are gaining popularity).

     

    What does your role entail at DMD Advocates?

    As a member of the Dispute Resolution practice at DMD, I am engaged with representing the diverse international & domestic clients of the firm in corporate commercial litigation and arbitration matters, across fora. The job entails drafting, research, engaging & assisting Senior Counsel, appearing before various judicial and arbitral forums including the Supreme Court of India.

    As for my involvement in the arbitration practice at DMD, it has always been an area I have been keenly interested in. I enjoy reading case law dealing with the various aspects of arbitration. Commentaries are a great source for guidance. However, at the end of the day, there is no better teacher than experience. You learn something new and fortify earlier learnings, with every step forward that you take. I am also actively involved in the aviation practice of the firm – another area of interest – I mean, who isn’t fascinated with aeroplanes!

     

    What does a typical working day look like for you? 

    My method of preparation for a hearing, whether I am to appear myself or assisting counsel, is pretty simple and straightforward – read the brief cover to cover, prepare notes, read and ready the case law, make notes. Making my own notes obviates the need to re-read the entire brief before every hearing – you cannot afford to waste time revising the entire matter before a hearing; quite often you have multiple matters listed before different courts, yet your time for preparation is limited. It is however extremely important to update your set of case law before every hearing. You do not want to end up citing a judgment that has been overruled. The research and case law are very important to your case. I was told very early in my career that, a lawyer who does not have/bother to carry judgments for the hearing, should not bother appearing.

     

    Having appeared before the High Courts and the Supreme Court, could you share with us some interesting cases that you have worked on?

    During my tenure at DMD I have had the great fortune of appearing in cases which have made their way into the law report (and at times, the headlines). The front runner being the Vodafone case against the Income Tax department [(2012) 6 SCC 613]. The preparation for the matter was, to say the least, very taxing. Other interesting cases, which have been reported are Arun Dev Upadhyay v. Integrated Sales Service Ltd. & Anr. (NP) [(2016) 9 SCC 524], Petromarine Products Ltd. v. Ocean Marine Services Co. Ltd. [(2015) 7 SCC 229], GE India Technology Centre Pvt. Ltd. v. Commissioner of Income Tax [(2010) 10 SCC 29], Safmarine Container Lines N.V. v. Amita Enterprises & Anr. [197 (2013) DLT 181], Naval Gent Maritime Limited v. Shivnath Rai Harnarain (I) Ltd. [174 (2009) DLT 391], A.K.G. Exim Pvt. Ltd. v. Efesan Demir Sanayi Ve Ticaret A.S. & Anr. [164 (2009) DLT 341] – covering diverse questions, ranging from maintainability of appeals, enforcement of arbitral awards, applicability and effect of the provisions of the Income Tax Act, 1961.

    Other cases that I am currently involved with at DMD, involve questions of, inter alia, the setting aside of arbitral awards, the challenge to the enforceability of foreign awards in India, the interpretation of the provisions of the Multi-State Co-operative Societies Act, 2002, the interpretation of the provisions of the Electricity Act, 2003.

     

    How do you manage your time between your professional and personal interests?

    I enjoy watching movies in my free time – science fiction, thrillers, action and adventure are the broad genres. I find watching movies to be a great way to unwind after a days’ work. Unwinding is very important for a lawyer. You are constantly wired while you are at work, with a dozen and more thoughts running through your mind. When you leave the office, you need to leave it all behind – else you will lose your sanity!

    Reading fiction used to be a habit that which I have now lost touch with. Reading is a very important habit that every young lawyer must develop. You could read fiction, non-fiction, pretty much anything that suits your fancy – after all, the profession requires copious amounts of reading.

    Another interest I harbour is that in automobiles – be it ogling at and drooling over super cars, or just driving around; I find it to be a great way to relax (difficult to believe with Delhi traffic – but the right kind of tunes can take your mind off that).  

     

    Given the dynamic nature of the field you practice in, how do you keep yourself updated about the latest developments in the law?

    Reading – case law, commentaries, newsletters, articles, blogs, pretty much anything one can get their hands on. I subscribe to weekly newsletters which provide the latest developments, legal reporting websites, which provide daily updates on the happenings in the profession and quite often also carry very informative articles published by respectable names.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    I will preach what I try to practice – read – case law, commentaries, newsletters, articles, blogs, pretty much anything you can get your hands on. Subscribe to weekly newsletters – todays’ technology has made information very easily accessible – there is no excuse for not being informed. While the trend today is to come up with on-the-spot research and answers, one should never forget that the learning and understanding to be gained from books, cannot be substituted by your favourite search engines.

    If you are in law school, take your internships seriously – they are the windows to the world that you are planning to step into. Once you have entered the profession, you have to be prepared to make sacrifices. Your time will not be your own. Your life will not be your own. You have to develop & possess the dedication to put your profession before yourself.

    That being said, remember the age old saying, work hard and party hard, Counsellor.

     

  • Anirban Sen, Litigation Attorney, on bridging the gap between technology and policy, and IP Law

    Anirban Sen, Litigation Attorney, on bridging the gap between technology and policy, and IP Law

    Anirban Sen graduated from Symbiosis Law College, batch of 2004. After serving at the Calcutta High Court as Advocate for three years, he went on to purse his Masters from George Washington University Law School, specialising in Intellectual Property Law. He is admitted to the New York State Bar Association as well as the American Bar Association. He is currently Advocate at the Courts of Delhi.

    In this interview we speak to him about:

    • Marrying technology with law
    • Studying in the US
    • His experience in IP Law

    How would you like to introduce yourself to our readers?

    I am an all-round general litigation lawyer although I have specialised in both IP and Technology laws as well as Media and Privacy laws.  My hobby had been to build electronic gadgets since my early school days, and later to write computer code.  In some ways I think I still know more about computers and technology than I know about law. However, having actually studied and practised law for so many years, I enjoy the opportunity to explain one field of knowledge to people from the other field. Usually, technical persons do understand the law to some extent, but usually lawyers fail to move beyond the basics of technology.  Hopefully, this will change soon.

     

    What is unique about the B.S.L., LL.B course that you undertook, and how did it contribute to your career in law?

    The B.S.L., LL.B. course is a 3+2 year course which was available at Symbiosis Law College under Pune University. There was a two-fold advantage to this course.  As a science student in 12th standard, I had never studied subjects like Sociology, Political Science or Economics which create a good base in the understanding of law. Secondly, there was an option to just get a B.S.L. course and then study a different postgraduate degree.  The unique advantage in studying towards a B.S.L. degree is that the subjects help your understanding of the law and its social implications.

     

    To what extent does one’s GPA affect one’s chances of landing jobs in top firms?

    Grades are unfortunately very important.  It doesn’t matter if you get good grades, but very bad grades will make you look poor in the corporate law world.  Of course a better grade may just get you that interview that you have been eyeing, but internships hold more value in deciding who would be hired.  Of course, if you interested in a career in litigation and want to start apprenticeship under an advocate, what matters most is your understanding of the courts, followed by knowing how and where to look up the relevant law.

    What subjects did you take particular interest in during your law school days?

    As far as law school (LL.B.) degree goes, I did not take particular interest in any one subject. Of course, I found Constitutional and Administrative Law to be the bedrock of litigation, but subjects such as Evidence and the Indian Penal Code were interesting too. Interest in a subject may not affect career choice in India but rather how much of what you know.

     

    What were the activities, academic or otherwise, that you undertook in your law school days which in your opinion have shaped you and your career?

    For me it was having a keen mind that shaped both me and my career.  Those days there weren’t that many options. I wasn’t particularly interested in mooting.  But I did read, a lot.  Mostly news and current affairs.  Those days there was no Google or Facebook or Twitter. News sites and periodicals kept the interest alive.  I also kept up my interest in building electronic gadgets and writing computer programs which later helped in realising that lawyers and technophiles are largely a mutually distinct group. During my Masters’ degree, I wrote a paper on governing virtual reality given the speed with which immersiveness of artificial, interactive media was increasing. Yes, in India this may take some time to evolve, but once the prices come down, there would be rapid adoption and the law would be far behind.

     

    Who was your mentor, or main source of inspiration who motivated you all along the way?

    I did not really ever have a mentor or single source of inspiration. I have worked with many different lawyers with different philosophies towards life.  However, I found my father’s way of working to be the most balanced in terms of both working hard and enjoying life. Although he is a Barrister-at-law and Senior Advocate, he can mix with anyone with ease and regularly takes out time to visit new and interesting places every year and I am happy to accompany him.

     

    What kind of internships did you engage in during your student years?

    I did only three internships in my last two years of college, each in a different city.  The different environments of different cities also contribute towards one’s career.  Since each was a different type – firm, individual, and Delhi litigation (Supreme Court), and offered me a unique perspective at the time and age, I wouldn’t trade one for the other.

     

    Would you say higher studies are relevant for a career in litigation?

    LL.M.s per se really don’t have much value in litigation. However, a good college (at least in the U.S.) imparts far more knowledge than a five year course in law here does and I would highly recommend one as a course which can help a person grow. Also, in later life, the Master’s degree helps.  Add to this the thrill and the opportunity to study with international students is something to look forward to. And when it’s all over, it’s simply great to have friends from all over the world.

     

    Which universities in your opinion, offer a worthwhile L.L.M program in IP law?

    There are many universities offering good programs, but The George Washington University Law School is one of the best in IP law.  That said, a candidate has to marry their interests with what a law school offers and this requires an in-depth, time consuming research – both online and through students of those colleges.

     

    Which is the ideal time to do an LL.M?

    An LL.M. should ideally be done after two or three years of practicing law in courts.  It gives one better focus and the habit of addressing courts goes a long way in posing critical questions to professors in class.  For someone in corporate law or in-house practice, an LL.M. can be done even after five or six years while on a planned sabbatical. That said, if one is so inclined, there is no set age limit for broadening your educational horizon.

     

    Tell us about your work experience at Anand & Anand where you’d held the position of Senior Associate.

    This position helped me understand how Delhi courts worked and  acquainted me with the Delhi style of practising law. Although short, I really enjoyed my time there.



    Between Calcutta and Delhi, which city do you feel is more receptive to a newbie in litigation?

    Each city has its pluses and minuses.  Delhi is commerce driven and works well in set schedules.  Calcutta allows juniors to address courts easily and the financial stakes of cases are not as high, making it better for a newbie to argue and learn drafting.  The Calcutta style drafting follows more traditional methods and is probably more sound. However, Delhi drafting is more flexible and is focused more on the objective than form.  For a newbie, I recommend working in Kolkata for a few years to gain sufficient experience in addressing courts and arguing matters alone.

     

    Is there any other suggestion you would like to give to our budding lawyers and IPR enthusiasts?

    Budding lawyers these days are much better prepared than we used to be.  However, I would advise that future lawyers must understand not just the law, but the history and tradition of the profession from seniors.  Law is not a money-making business, but a profession (although many lawyers, especially in Delhi, are amongst the highest paid).  Read up about the life histories of different lawyers or spend time with lawyers you know. Get to know their schedules and how they conduct their lives.  This will help you appreciate the responsibility of not just being a lawyer, but also help you understand how to carry yourself in public. For an IPR enthusiast, get to know the underlying subject as well. To understand copyright, understand how the music business works.  For patents, know the underlying physics or biochemistry. For technology, go to the basics and understand how and where it evolved and why. This will give you an edge over an otherwise simply bookish lawyer and this practice will hold you in good stead throughout your life.

  • Sarthak Sarin, Principal Associate, Khaitan & Co., on studying in Oxford, mooting, and his experience

    Sarthak Sarin, Principal Associate, Khaitan & Co., on studying in Oxford, mooting, and his experience

    Sarthak graduated from Symbiosis International University in 2010. He then went on to pursue his Masters from Oxford, with a Masters of Science in Law and Finance. He is currently Principal Associate in the Corporate and Commercial team at Khaitan & Co., and has advised the likes of CK Birla Group, HCP Healthcare, SBS Holdings, among others.

    In this interview we speak to him about:

    • Studying in Oxford
    • His experience in commercial law
    • His mooting experience

     

    How would you like to introduce yourself to our readers?

    I am a first generation corporate lawyer with an enormous appetite for travel and binge-watching. I am currently a Principal Associate at Khaitan & Co and my practice predominantly focuses on domestic and cross-border M&A, joint ventures and collaborations, retail trade and e-commerce, exchange control laws and general corporate and commercial advisory.

     

    What motivated you to opt for a career in law, amidst the many options that were available to you?

    Coming from a business family, I did not have much of an option in choosing a career path, given that the majority of the dinner table discussions (on the topic of career choices) with my family were consumed by the glorification of the family business and how I was expected to accentuate the legacy that my father had worked very hard to create. Consequently, my career trajectory was meant to sail through a course in business studies from an overseas institution.

    Little we knew that destiny had something very different planned for me. Just around the time of my graduation from senior school, my father had asked me to get involved in a project that entailed a joint venture which my father was eyeing from a long time. Given the indispensable need of legal services, I very soon, found myself surrounded by a group of lawyers on a daily basis. Watching the lawyers negotiate the various facets of the joint venture arrangement was captivating and sparked curiosity in me about the practice of corporate law. Fortunately, the transaction went on for a good period of time and provided me with multiple opportunities to interact with legal practitioners and better appreciate the minutiae of corporate legal practice.

    The ensuing experience and my new found interest in the work of John Grisham ultimately sealed the deal for me. Convincing my father was not an easy discussion, but a good old bottle of scotch and my endless pitching of the entrepreneurial element underlying the corporate legal practice did the trick.

     

    Do you think or ever felt that there is a divide between NLU and Non-NLU students in the matter of getting jobs with law firms?

    No, I have never felt or experienced any unfavourable reception from the legal fraternity just because I am a non-NLU student. At the same time, my experience also dictates that the law firms are seasoned enough not to disregard a good talent just because a law student lacks the NLU tag.  Nevertheless, having said that one thing that one cannot (and does not) overlook is that getting admission into a prestigious law school in itself is seen as an accomplishment for a limited purpose of appraising dedication and ambition in a potential candidate.

     

    How important is mooting in the life of a law student? 

    (Sarthak has himself been judge at several mooting contests.)

    The importance of mooting in the life of a law student cannot be over-emphasised for a simple reason that the skills that are required to excel in this extra-curricular activity are very much akin to the skills that a lawyer requires to prosper in not just the litigation practice, but in other practice areas as well. In my view, the following qualities/skills separate a good mooter from the crowd:

    • A comprehensive understanding of the facts in question together with the applicable laws, jurisdictional issues and the underlying legal principles and propositions;
    • An ability to present the arguments with confidence and civility;
    • A curiosity to go beyond the scope of the matter in hand for the sake of comprehensiveness coupled with ingenious thinking to effectively tackle probing questions;
    • strong interpersonal and communication skills;
    • an innate competitive spirit; and
    • clarity of thought as regards to the reliefs sought.

     

    What kind of internships did you undertake during your student years? 

    My internships portfolio was quite diversified and involved training under NGOs, trial lawyers, senior advocates, judges, medium to big sized law firms and a private equity fund. Fortunately, I had started out early and before the end of my law school, I had acquired reasonable insight into a variety of practice areas (covering company litigation, general corporate advisory, IPR and finance) and consequently was quite clear of my career trajectory.

    Before narrowing down on the places to intern at, it is advisable to first clearly identify the practice areas one is interested in exploring. A clear thought process and a corresponding plan of action really comes in handy when strategising around internships. Moreover, given the competiveness of the legal profession, it is always useful to maintain a broad list of internship targets; which are also diverse enough so as to ensure a sufficient depth and breadth of experience. Lastly, it is equally important for the law students to understand that there may be rejections (and more so from your most preferred options), but that should not hold you back since there is always a next time or some other equally good opportunity awaiting you.

     

    Would you say higher studies are relevant for a career in corporate law? 

    In my experience, higher studies from a prestigious institution abroad does have a propitious influence on one’s career trajectory; but (most importantly) it is the network that you build during your higher studies that creates a real value in the long run. For the foregoing reason coupled with the dynamic experience of living in a foreign country amidst a completely diverse culture and lifestyle, I would suggest looking only at the options outside India.
       

     

    What does the CV of a student seeking admission in a premier university offering an L.L.M program have to look like?

    Comprehensive, inimitable, seamless and immaculate – that’s how a CV should like for any post-graduate program.

    • Comprehensive: A CV should be a perfect blend of a consistently good academic performance, internships experience and a number of extra-curricular / co-curricular activities.
    • Inimitable: what makes a CV standout from the rest? It is the inclusion of that one unique extra-curricular activity, internship experience or accomplishment that invigorates the readers and makes them believe that the applicant in question will undoubtedly bring a fresh breath of outlook and experience to the course. Pertinently, this element of uniqueness is assessed against the applicant’s own background, experience, education qualification and the eventual career goals and (in some way) should reinforce the skill-set that the applicant is relying on to vindicate his or her application for a particular course.
    • Seamless: A CV should be seamless in the matter of establishing a logical nexus between the career trajectory and the ultimate aspiration of the applicant. Accordingly, if one aspires to be a corporate lawyer and has applied for a specialised program in corporate law, then the CV should demonstrate in a coherent manner a trajectory that accentuates the applicant’s enthusiasm, efforts and ambition in the subject/practice of corporate law.
    • Immaculate:  Check and double check; a CV should be crisp, readable and devoid of any typos and grammatical error whatsoever.

     

    How important are grades, in your opinion? 

    Grades are certainly not a reliable yardstick to judge how successful a law student would be as a lawyer. However, in my view, consistently good academic performance does play an important role in the matter of securing admission for higher studies in a prestigious institution abroad or at least pushing one’s job application at the top of the stack. The reason being that when faced with an overwhelming amount of job or post-graduate applications for a limited number of openings, it is not unusual for the HR / admissions department to give a significant weightage to grades so as to shortlist the potential candidates, since a consistently good academic track record demonstrates commitment, focus and hard work.  

    Accordingly, in my view, grades / rankings are given a serious consideration in the matter of weeding out the crowd from the promising applications; but, ultimately, it is the overall comprehensive profile (in terms of an impressive statement of purpose, grades, extra-curricular activities, internships, publications and interpersonal and communication skills) fortified with a good amount of luck that seals the deal in the matter of securing admission for higher studies abroad or securing a job in a top notch law firm.

     

    Which is the ideal time to do an L.L.M?

    Given the investment that one needs to put in for pursuing a post-graduate program in law (both in terms of money and time), the ideal time to pursue such a program should be after a few years of practice. This way an individual will have the opportunity to better understand and appreciate the intricacies that underlie a particular practice area and what skills he/she would need to progress in such practice area. Consequently, he/she will be much more informed (than a law student) in the matter of evaluating the benefits that a post-graduate program would bring in his/her progression as a lawyer.

     

    What are your areas of specialisation and how did you go about choosing these fields?

    My areas of specialisation include domestic and cross-border M&A, joint ventures and collaborations and commercial disputes. Within these practice areas, I further specialise in retail and e-commerce sectors. I was very passionate about these practice areas right from the very beginning. Accordingly, I was very selective about my internships and focused extensively in familiarising myself with each of these practice areas. Nevertheless, realising the importance of some basic court experience, I started my career in litigation practice. During my momentary involvement in the litigation practice I predominantly focused on commercial litigation and arbitration (entailing shareholders’ disputes, oppression and mismanagement cases, interim reliefs under Section 9 of the Arbitration and Conciliation Act etc.) and regularly appeared before the Company Law Tribunal and the High Court of Delhi.

    Once I was confident that I had acquired some basic understanding of the commercial disputes practice, I shifted my focus on transactional advisory work. Before joining Khaitan & Co as a corporate lawyer in 2013, I pursued MSc in Law and Finance from the University of Oxford. This program helped me refine my skills in transaction structuring, introduced me to the global industry practices and trends in financial and strategic collaborations and M&A and reinforced my zeal in corporate practice.

    As part of the corporate group at Khaitan & Co, I have had the opportunity of working on a number of complex and multidisciplinary transactions. Khaitan & Co strongly believes in encouraging its lawyers to engage themselves in a variety of industries and sectors, with the impetus being that each lawyer should pick at least one industry and sector of his/her interest and specialise in it. To this end, we have weekly CLE sessions across all our four offices, wherein latest updates in each industry/sector and practice area are discussed interactively. It was on account of these sessions that my interest got entrenched in retail and e-commerce sectors and since then I have been actively engaging myself in a variety of transactions and advisory work in these sectors.

     

    At what stage in one’s law school life must one pick a specialisation?

    My experience dictates that for any law student choosing one particular area of practice as a career choice is the most vexing decision. The right time to make a decision in this regard should be around the fourth year of the law school, so that there is still some more time to ensure that the chosen practice area is actually the calling that one is indeed most passionate about.

    For someone who is yet to make this choice, the only way to find out which practice area appeals/suits you the most is to get as much experience as you can in a variety of practice areas. However, if the foregoing words of wisdom have not worked any wonder for you, then enter the legal profession with an open mind and try getting a good amount of experience in a number of practice areas/sector before taking the plunge.

    How would you say interns should go about their work at a firm like Khaitan & Co., so as to get noticed in a positive way in the limited time they have?

    From the standpoint of expectations at least, law firms do not differentiate between interns and the first-year junior associates. Accordingly, every intern should conduct himself/herself and go about his/her work in the same manner as a first-year associate does. To this end, an intern should (a) demonstrate enthusiasm and competence; (b) have a positive can-do attitude; (c) be eager to learn and absorb things quickly; (d) be confident to put forward his/her opinion and inputs; (e) have the ability to work under pressure and come up with practical and commercial solutions; (f) never shy away from responsibility; and (g) be proactive in seeking feedback. At the same time, an intern must possess remarkable interpersonal and communication skills and should also actively contribute to the knowledge management and the CLE sessions of a law firm.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    Always endeavour to learn something new on a daily basis whether legal, commercial or general. However clichéd this may sound but the truth of the matter is that (in this profession) knowledge is the real power. Moreover, do not forget that the legal profession is really very demanding and competitive, so never hold back from putting in the hours and, while at it, creating a niche for yourself in at least one practice area/sector.

     

  • Noor Shergill, Assistant Director, Indian Corporate Law Service, on cracking the UPSC, and studying in Symbiosis

    Noor Shergill, Assistant Director, Indian Corporate Law Service, on cracking the UPSC, and studying in Symbiosis

    Noor Shergill graduated from Smbiosis Law School, Pune, in 2014. He cleared the 2015 Civil Services, with an all India rank of 510. He is currently working as Assistant Director in the Government of India. He is an officer in the Indian Corporate law Service, which is a Group A service under the ministry of corporate affairs.

    In this interview we speak to him about:

    • Switching from law to civil service
    • Getting the right help for UPSC preparation
    • Preparation strategy, tips, and advice

    How would you like to introduce yourself to our readers?

    I am a 26 year old from Chandigarh who loves reading, travelling, watching documentaries, stargazing and photography. I am presently working as Assistant Director in the Ministry of Corporate Affairs, Government of India.

     

    What motivated you to opt for legal studies after school?

    I think I was initially attracted to the legal profession by reading about cases in the newspapers. I was impressed by the breadth of the issues handled by the Supreme Court and the faith that people had in the judiciary. I still think that despite all its shortcomings, the legal profession is still a noble one that has a very important role in ensuring a just society.

    I loved how it was a prestigious and scholarly profession. I was also inspired by listening to lawyers on TV debates and I wanted to speak and argue like they did. Although, I must admit, my score in Physics, Chemistry and Math had the greatest role to play in pushing me towards Law.

     

    Please tell us about your college experience at Symbiosis Law School, Pune.

    I absolutely loved the five years I spent in Pune. I met some very inspirational people and made some great friends. Symbiosis made me a more aware, confident and outgoing person. In college, I got the opportunity to work with the Human Rights Cell. As part of the cell, we got to understand issues ranging from the problems faced by commercial sex workers, disability issues, inequality in education among others. Issues playing out at the national and international level were keenly followed and discussed in the cell. I still have a habit of keeping myself abreast with events taking place around the world and reading extensively about them to form a multi-dimensional opinion due in no small part to the activities of the Human Rights Cell.  

    Another aspect of  Symbi Law’s student life that I found immensely enriching,  was the thriving quizzing culture. I was pretty good at quizzing in school and had the opportunity to quiz alongside and against some of the best talent in the country. I consider myself exceptionally lucky in this respect.

    Studying in Pune exposed me the diversity of India, I learnt how to live on my own and it taught me the importance of having great friends.

     

    How do you think law schools have a role to play in one’s career trajectory?

    There is no definite answer to this question. Great schools are great for a reason, they attract the best students and teachers. Having a good peer group and good teachers is of immense help. Some of the better law schools provide their students with opportunities that give them an edge over others.

    However, just going to a good law school is not enough. Drive and ability are the most important things to get ahead in life. Good lawyers are distinguished by their talent and not only the law school they attended.

     

    How important are grades, in your opinion?

    Grades are important. They are what other people use to form an opinion about your abilities, your sincerity, your aptitude etc. In that sense they are important. So if you’re looking to get a good job or a scholarship or a fancy LLM, they are quite important.

    In UPSC, they aren’t that important. So is the case with legal practice. In both these cases a different skill set is rewarded.

     

    What subjects did you take particular interest in during your law school days?

    My favourite subjects were Constitutional Law and Public International Law. I also enjoyed Philosophy and Political Science.

    When I was deciding which optional subject to pick for the UPSC exam, I considered all these subjects. I went through the past question papers and syllabus of Law, Philosophy and Political Science. Eventually, I zeroed in on Law because Paper 1 of the optional has Constitutional and Public International Law and those were my two favourite subjects in law school.

    The constitution is at the center of so many debates that take place in the country. I consider myself really lucky to have studied it and to have  understood its spirit.

     

    Who was your mentor, or main source of inspiration who motivated you all along the way?

    I don’t have any one mentor but a pantheon of heroes. Carl Sagan, Alain de Boston , Ravish Kumar, Fali S Nariman, Justice Leila Seth are some of them. Their life and works have been immensely influential to me.

     

    What kind of internships did you engage in during your student years?

    The opportunity to intern is the best part of legal education. I remember getting very excited every time I was planning my internships.

    A lot of people approach internships with a view to “build their CV”, and I never agreed with  this approach. I think internships are a once in a lifetime opportunity to gather unique experiences. I don’t want to discount the importance of interning with law firms and lawyers, but the scope of Law is much wider than that. So, I would urge everyone to think beyond their CVs. Five years is a long time and one should try to get an eclectic blend of internships.

    Among other places, I interned at the Mazdoor Kisan Shakti Sangathan (MKSS), which is a social movement in rural Rajasthan. I was drawn to it after reading about the role they played in bringing about the Right to Information Act and the National Rural Employment Guarantee Act. The experience of moving from “India” and living in “Bharat” evoked in me a sense of how narrow, hollow and self serving our urban discourses tend to be. I also made me recognise my privileges and taught me to be more patient and feel less entitled, which are valuable life lessons.

    It also made me realise the hypocrisy of Indian elites, like myself. Our elite law schools are fast becoming ivory towers where the privilege of rich kids is perpetuated. It’s easy to find regional diversity but almost everyone comes from pretty much the same class background; city based, English speaking, privately educated and passionate about no other social issue apart from the decriminalisation of homosexuality or the legalisation of marijuana.

    This is why I think it’s important to escape the “law-firm trap” when it comes to internships. An internship with a place like MKSS might not impress a partner at a fancy law firm, but it will surely make you think more about essential issues than any law firm internship will. I can guarantee you that !

     

    How did you zero in on UPSC?

    The civil services exam is a very unpredictable exam and it is wise not to be too sure of your success. So always have Plan B. I planned to litigate if the UPSC plan didn’t work out, I also wanted to do an LLM and teach. I believe that the Civil Services is one of the many options available to law graduates.  

    It was initially my parents who encouraged me to take the exams. They always told me that I could do it. Personally, I never thought I would take the UPSC exam. This was mainly due to self-doubt and my belief that I wasn’t good enough. I used to think that people who cracked the UPSC exam were toppers and geniuses.

    However, all this changed when I was interning with the Indian Express as a reporter during third year. On the first day of my internship, the UPSC exam results were announced, and I was asked to go and interview the successful candidates. I still remember that when I met and spoke to them I discovered that they were normal people with various interests outside of academics. Not all of them had exceptional academic credentials. What was common to all of them was the hard work that they had put in.

    I must have interviewed at least twenty such candidates and I realised that even they had to deal with reversals, low self confidence and self doubting. They were never sure that they would be successful and were actually quite relieved and pleasantly surprised at being successful. It was then that I decided to give the exams a shot.

     

    Do only people with stellar academic performances or from reputed colleges crack the UPSC?

    This is not true at all. I am an example of this. I got 39% marks in my Mathematics paper in the class XII exam. In college I was only an above average student. Most people who clear UPSC are from smaller cities and from relatively unknown colleges. There are people who have graduated through distance education, those who studied in vernacular languages and aren’t well versed with English. I now understand, more than ever, the large number of privileges that I have enjoyed. It is much harder for most people to clear the exam than it is for the kind of people I assume visit this website.

    Most of the questions of the exam are so basic that any person with basic understanding of current affairs would be able to say something about the issue. The only challenge is to say something about the issue that puts you in the top percentile of all the people writing the exam. This is easily accomplished through repeated practice, analysis and improvement. Here are a few questions from the previous mains exam for you to get a taste of this exam :

    Essay :

    • Technology cannot replace manpower.
    • My vision of India in 2001
    • Education without values, as useful as it is, seems rather to make a man more clever devil
    • Restructuring of UNO reflect present realities

    General Studies :

    • What is water-use efficiency? Describe the role of micro-irrigation in increasing the water-use efficiency.
    • Discuss India’s achievements in the field of Space Science and Technology. How the application of this technology has helped India in its socio-economic development?
    • The frequency of urban floods due to high intensity rainfall is increasing over the years. Discussing the reasons for urban floods. highlight the mechanisms for preparedness to reduce the risk during such events.
    • What is a quasi-judicial body? Explain with the help of concrete examples.
    • In the integrity index of Transparency International, India stands very low. Discuss briefly the legal, political, economic, social and cultural factors that have caused the decline of public morality in India.
    • South China Sea has assumed great geopolitical significance in the present context. Comment.
    • Present an account of the Indus Water Treaty and examine its ecological, economic and political implications in the context of changing bilateral relations.

    All these issues have been in the news and all of us can say a few things on these issues right off the bat, without any major preparation. If reading these questions got you all excited about finding out the answers to them, maybe you should consider writing the exam, if you are so inclined.

    The UPSC exam rewards hard work and a basic standard of intelligence. That’s all you need. Being a star student surely helps and makes it easier, but isn’t a guarantee of success. UPSC is a great leveller in that sense. They aren’t looking for prodigies, the UPSC only wants well rounded and socially conscious people.

     

    To what extent did your legal knowledge aid in your preparation of UPSC?

    The UPSC exam is crafted for Law students, in my opinion. Law is central to administration, and the breadth of the Law subjects will make a law student quite comfortable with most of the topic such as environment, economics, social issues, history etc.

    Law was my optional subject also, so law was quite helpful in my success in the exam. I had followed the news and issues closely as part of the activities of the Human Rights Cell so I realised that I was more comfortable than most people around me.

    I really owe my success to my legal studies.

     

    Please describe your UPSC preparation experience. 

    The UPSC is an emotional rollercoaster ride.It has soaring highs and crushing lows. You’ll fell you’re on track one day and feel derailed the next. The uncertainty of it all is the most difficult thing to deal with, studying for years without any guarantee success. The civil services exam demands blood, sweat and tears, especially tears.

    A lot of the time you’ll be thinking if it’s even worth it, given that statistically it’s impossible to clear it. However, you can take it from me that the real competition is only between 5000 candidates, so it’s not that competitive if you’re well prepared.

    I did enrol in a couple of tuitions, this was quite helpful as I got a peer group  of similarly placed people. It also gave me some idea of what everyone else was doing and what was expected. However, the quality of most classes was quite poor. I realised that it wasn’t worth getting ready and travelling to attend many of the classes as I could accomplish much more if I studied on my own at home.

    There were a few very good teachers and I made sure I didn’t miss their classes. So one must constantly be tweaking their preparation to ensure that they manage their time in the most effective manner.

    Just take the plunge and you’ll figure out a lot of answers on your own.

    You can find my detailed preparation strategy at :

    http://mrunal.org/2016/05/upsc-topper-noor-shergill-law-optional-mohali.html

    I would strongly urge everyone to follow the interviews of other successful candidates as well. Try to find a successful candidate who resembles your background. For example, when I was preparing, I stayed miles away from the interviews of the IITans and the AIIMS alumni because they came from a very different place, academically. I was more interested in those people who came from smaller, little known towns. people who I felt really had to struggle to crack the exam.   I felt that their experiences and studying style was more inspirational, helpful and relevant to my preparation.

    Some of the interviews and blogs that law students will find useful are listed below :

    https://abdaal.wordpress.com/author/abdaal/

    http://mrunal.org/2014/06/toppers-interview-sakshi-sawhney-ias-2013-rank-6-ba-llb-second-among-girl-toppers-law-optional.html

    This is a helpful starting point :

    http://mrunal.org/upsc

    Try to find your own answers and try not to rely too heavily on asking others for guidance.

     

    How important is it to enroll at a coaching center in order to prepare for the UPSC?

    You will find that a lot of the material, is available online for free. I know a lot of people who have done very well by following just a few websites only.

    There isn’t any one answer to this question. Many people find coaching institutes to be very helpful, others find them to be a waste of time and money. One has to be smart to use what is available to the best of his/her advantage. You must know your own studying style. If you think you need someone to explain the material to you, join classes. If you think you’re better of alone, study by your self.

    There is nothing to prove and no brownie points to win by clearing the exam without joining tuitions.

     

    What kind of a support system is conducive to the UPSC preparation process?

    I have already spoken about how the exam is a roller coaster ride. When you are on a high you’ll need someone to bring you back to terrafirma, and when you’re having a bad day you’ll need someone to pick you up. You’ll need someone to continuously tell you that you can do it.

    For me it was my parents. They stood behind me like a rock. They never put any pressure on me and always told me not to take the exam too seriously. They always tried to keep my spirits up. I literally cut myself off from friends and relied only on my family for support.

     

    What according to you should the aspirants keep in mind while choosing a cadre?

    I had put the Foreign service as my first preference, followed by Indian Revenue Service and the Indian Corporate Law Service. Based on my rank and preference I was allotted the Indian Corporate Law Service.

    The answer to the second question is quite tricky and I am sure the readers would find their own answers as they

     

    How efficient are websites like Mrunal and Unacademy?

    They are really good. I found them quite useful. For example, I was very bad at economics and didn’t understand even the basic concepts. Thankfully, Mrunal came out with an entire series where he deconstructed everything so beautifully that I scored one of the highest marks in my economics paper. All of this while preparing from the comfort of my home.

    insightsonindia.com is another websites that I followed. I relied almost entirely on the internet for my preparation.

    I am not sure of Unacademy, as I never used it.

     

    What challenges does a civil servant’s job have to offer, and what are the advantages of being a civil servant?

    I am currently undergoing training at the Indian Institute of Corporate Affairs in Manesar (Gurgaon). The Indian Corporate Law Service regulates the corporate sector and administers the Companies Act, 2013 and a host of other legislations. We work as Registrar of Companies, in the National Company Law Tribunals, Serious Fraud Investigation Office, Securities and Exchange Board of India, Competition Commission of India etc.

    To be honest I’m just a few months into my training and can’t talk about the challenges that civil servants face.

    My parents worked in the public sector so, I felt quite comfortable about joining the civil service.  I really like the lifestyle of a civil servant. It’s a prestigious job, the work-life balance is great, and we are very well taken care of.   I also like the fact that the civil service gives one the opportunity to develop outside of the job. Civil servants aren’t defined by only their jobs alone and some have become famous by pursuing their hobbies. You would have heard the names of Upamanyu Chatterjee, Vikas Swarup among many others. The Government of India is very a generous and indulgent employer in that sense.

    Some of the best Indian law firms are very well known, but not as well known as the Government of India. So, the opportunity to work with the Government of India is very enticing.

    Kindly offer a few words of inspiration for law students aspiring to take up the civil services.

    I can understand why some people might be a little apprehensive about approaching this exam. It seems almost suicidal sometimes. It takes too long to clear, and one might feel that some of the best years might be wasted. I’ts natural to ask if one should take an “easier path”. All this went through my head as well.

    Having cleared the exam I can tell you that all that effort I put in was totally worth it. The satisfaction of clearing one of the world’s toughest exams cannot be put into words. Apart from that, I really enjoyed studying for the exam. If you study hard enough for this exam , you might not get rewarded, but it will surely make you a better person. I also think that if one doesn’t take risks in their twenties then when else are they going to?

    Just take the plunge and you’ll find a lot of the answers you are looking for.

  • Sayan Samaddar, In-House Counsel, Aksh Optifiber, on studying in Symbiosis, and his diverse experience

    Sayan Samaddar, In-House Counsel, Aksh Optifiber, on studying in Symbiosis, and his diverse experience

    Sayan Samaddar graduated from Symbiosis Law School, Pune, batch of 2012. Since then he has worked at Rohit Das & Associates, Gagrat & Co., and Chhibber & Associates. He is currently In-House Counsel at Aksh Optifiber Limited, where his role entails IPR related issues and handling complex litigation matters relating to Writs, Military Laws, Service Laws, Banking Laws, Property Laws, Consumer Protection Act, Arbitration Act, Companies Act, Suit for recovery of money, etc. as a practicing Advocate as well as a corporate legal manger.

    In this interview we speak to him about:

    • His time at Symbiosis
    • His litigation experience
    • His internship experience

     

    How would you like to introduce yourself to our readers?

    As a first generation lawyer who started off as a practicing advocate but currently has settled as an in-house counsel.

     

    What was your time at Symbiosis like?

    My life at Symbiosis was blissful. I worked very hard for the first two weeks of my first semester but soon the clarion call of college life proved too hard to resist. While I did secure decent grades, I spent much of time chillin’. I did ensure that I have the bare minimum attendance so as to avoid TNG (the term will ring a bill with Symbi folks – it basically meant one cannot sit for the semester exams on account dismal attendance). In short, it was a paid vacation for five years.

    Symbiosis not only stands out from other private institution but also from every other college. I could not take advantage of the academic facility of my college so I will not comment on how Symbiosis stands out as compared to other colleges in this regard. However, it did teach a lot of other valuable virtues which are still coming in handy.  I believe Symbiosis makes its students street smart; which according to me is a very valuable virtue to have in the long run especially in the field of law. It was very hard to find accommodation in our college hostel. Therefore, majority of the students stayed independently either in PGs or flats. I stayed with three batch mates of mine in a flat. Staying in a flat means you must look out for yourselves as far as your daily needs go. We got a fixed amount of money from parents for every month. This amount took care of our rent and our other needs. We suffered dearly whenever we prematurely spent this amount. Thus, we learned the very important lesson of money management. Paying bills on time was another valuable lesson learnt. Once we forgot to pay our electricity bill and as a result we were sitting in dark during our exams! These are small but very important lessons which no book will teach.

     

    How much of a role do GPAs play in shaping one’s career path?

    I did not attach much importance to GPAs. I only ensured that my GPA did not fall below three (our total GPA was four). Securing a high GPA is not very difficult. In fact, securing high marks in any university or school exam is not very difficult. It only requires a systematic way of mugging up the chapters and regurgitating the same on the answer sheets. One should not only focus on getting high marks. The focus should be on what one learns from all the chapters and units which are taught throughout the course. For instance, I had scored a perfect GPA, i.e., A+ in my contracts paper in my first semester; but after I had graduated I remember myself struggling to understand the meaning of a quasi-contract! The A+ was scored by the sheer power of replicating pages mugged up the night before. After my graduation, I had to re-open the Contract Act, and this time I studied with the aim of understanding the concepts rather than securing an A+. By God’s grace, now I can safely say that I do know my contract laws. Focusing only on a high GPA will not take anyone far unless one understands the concept.     

     

    What kind of internships did you engage in during your student years?

    All my internships were under practising lawyers except for one which was under Justice Khanna at Delhi High Court. My final internship was under Adv. Protik Prokash Bannerjee a.k.a Protik Da (whose chambers are a real life enactment of the verve and versatility found in his super lawyer columns). I received basic grooming from him. He instilled in me one of the most valuable lessons for any lawyer; that one must know where to look for an answer to a query and that one of the prerequisites for any lawyer is to be a good draftsman (he may disagree with I just said since he tried to teach me a lot of other things). Thus armed I prepared to embark upon another trail.

     

    What are your areas of specialisation, and when/how did you go about choosing these?

    I love civil laws especially commercial litigation and contracts. Somehow I have always loved civil matters and criminal laws never really charmed me. It remains so till date. I do not think anyone can be advised as to which field of law one should pursue. It is strictly a matter of personal choice. Do what you love to do; that is mantra!

     

    How were the first few years after your graduation? 

    My first few years after graduation were tough or to put it precisely, I was paying dearly for having enjoyed five years of paid vacation in Pune. I do not think my time in college had prepared me for the real world practice of law and there is no way I can blame my college for that.

    I had joined Protik Da’s chambers immediately after college. During my time with Protik Da, every day I was sent to the Calcutta High Court with the instruction to observe the day to day court proceedings. I observed the proceedings very intently without having the slightest idea what exactly was going on. I used to jot down in my notepad whatever I observed in the courts. Later in the day I used to sit with Protik Da and clarify my doubts. The clarifications sometimes came in form of brief lectures from Protik Da and sometimes reading various commentaries under his guidance. Thus, slowly but surely I stared having some amount of grasp of what actually goes on in a proceeding before court.

     

    What are the challenges that one needs to prepare himself/herself for when they step out of the comfort of a law school and into the real working world?

    Once college life is over there is no comfort zone. The moment professional career starts, every day presents a new challenge. In order to overcome these challenges one must have the self-belief and a never say die attitude. One must be prepared to fail, learn from such failures and move on. As Rocky Balboa said “Life’s not about how hard of a hit you can give… it’s about how many you can take, and still keep moving forward.”    

     

    During your developmental years as a lawyer, did you have any mentor(s)?

    I am still developing as a lawyer. After all, I am hardly five years old in the profession! During this short span I was lucky to have some very good seniors who gave me valuable guidance. Protik Da is one. Another very good senior I worked under is Adv Imran Tarafdar who taught me how to draft. My inspiration comes from a very materialistic source. I hail from Calcutta but reside in Delhi which means I have to pay rent along with my bills. Unless I am good at my work, I will not get a handsome remuneration for my services and unless I get a handsome remuneration I will not be able to meet my expenses. It is very simple that way.

     

    What does a judicial clerkship entail? 

    The positives which one may take away from a judicial clerkship solely depends upon two things; namely, the judge under whom one is clerking and one’s willingness to do something extra apart from what one has been assigned to do. During my time as a law clerk at Delhi High Court I noticed that a lot of my fellow law clerks were mainly into making summaries of the cases which were to be listed before the court the next day or doing some research in the Judges’ Library. In my opinion merely making those summaries and logging into manupatra or SCC online for research will not give a positive thrust to one’s career. I was lucky to clerk under Justice V. Kameshwar Rao. Unlike some of the judges, he actively involved me while drafting judgments. He very systematically used to assign to me three to four matters every week and ask me prepare comprehensive briefs for him which would offer some meaningful assistance to him when he would draft judgments in those matters. The briefs would contain the facts, issues involved, arguments advanced by both the parties on such issues and the correct position of law on the issues. He used to take special note of the way and manner in which I had drafted the briefs. Fortunately, I assisted him well. There used to be days when I had finished my work well in advance and thus had free time on my hand. During this time instead of endlessly roaming in court or socialising in the High Court canteen, I used to pour over whatever books I could lay my hands on in the Judges’ Library. This way I believe I have managed to get the most out of my stint as a law clerk.

    Now, as far as the second question goes, I believe that for a young lawyer aiming to become a practicing advocate, the best way to start off is to join the chambers of a middle aged advocate who has a variety of briefs. I am emphasising on joining a middle aged advocate because a middle aged advocate will not have a lot of assistance at his disposal. He will have one or maximum three juniors assisting him. Thus, each of his juniors will have ample of work to do. The learning and growth is directly proportional to the amount of work one does. Alternatively, one may also join a start-up firm right after college. I will not advice joining an Advocate on Record right after graduation. One may join an Advocate on Record after a few years of practice. I will also not advice anyone to join a top – tier law firm immediately after graduation. While on one hand a top – tier law firm will pay handsomely but on the other hand there are certain cons as well. A top – tier law firm will generally have a large team which will be handling a specialised branch of law. This will not be beneficial for a fresher since, at the very outset of the career, the junior will be exposed to one particular field of law only. Further, the fresher will also be handling limited amount of work on account of the strength of the team and therefore the growth will be slow. While a fresher in top tier law firm may have the opportunity to work on some high profile cases right at the beginning of career but that may not be of any help since majority of the issues involved in such high profile cases are bound to be complex therefore they will go tangent to the junior’s brain. After all, not everyone is a Salve or a Palkhivala. As far as judicial clerkship goes, a fresher may pursue the same immediately after college but for a short span, say for six to nine months and not more than that. I have already explained how to effectively utilize one’s stint as a judicial clerk. The ideal way to pace one’s practice is to start off in a small chamber where there is variety of work thereby having exposure to multiple fields of law, getting the basics right while having an understanding of how things work and then gradually move to bigger places and ultimately go independent. The timeline for these events to happen will of course vary from person to person.      

     

    Why did you move from a law firm to chamber practice?

    I spent a good nine to ten months at Justice Rao Sir’s Chambers as a law clerk before moving on to a Law firm (M/s Gagrat & Co.). It is headed by Mr. U.A. Rana who is the hardest task master I have come across till date. Under his exacting tutelage, my drafting skills were further honed besides which I was also exposed to a wide avenue of cases. I dealt with cases relating to CPC, Indirect Taxation, Consumer Cases, Competition Laws and Special Leave Petitions. By this time, I had learnt how to draft quite well and was also proficient at researching and I was itching to have a crack at arguing cases before a court. Fortunately, I was presented with an opportunity to argue an application under Order 7 rule 11 of CPC before Tees Hazari Courts. The application was preferred by my firm’s client i.e. the defendant. It involved an interesting line of argument which aimed to prove that the plaintiff had no cause of action. I had successfully argued the case and the plaint was rejected on the aforesaid ground. However, after this particular case the opportunity to argue was far and few since most of the cases in the firm were before Supreme Court. Hence, I made a conscious decision to move out of Gagrat to the Chambers of Mr. Ankur Chibber with an aim to appear and argue more cases. This was particularly tough since I took a considerable pay cut. Mr. Chibber was empanelled with a number of Government Offices and also with Army, Air Force and Navy. He predominantly dealt with service law matters. He was a wonderful senior who gave his juniors ample opportunity to learn by letting them arguing matters on their own before the Courts. I worked under him for a year and during this time I appeared in a number of matters before High Court, CAT and Armed Forces Tribunal. He had allotted all his matters before Armed Forces Tribunal to me. Since I was representing the government, I lost more matters than I won (Government messes up most of the times but loves to exhaust the legal remedy to the fullest extent possible); but having said that I never went down without a good fight even though it was a dead case. I learnt valuable lessons such as how to think on your feet while you are standing before a judge with the other side lawyer breathing down your neck and tricky court crafts. These are skills which no book or fancy LLM degree will teach. As for the times when I won cases, the very act of preparing for and arguing a case independently and then seeing your name on a judgment is a high like few others.

     

    Tell us about the transition from being a litigating lawyer to an in-house counsel.

    I moved from practice took up employment as an in-house counsel because I felt it poses unique challenge. Many practicing advocates may disagree with such a choice but I think one must have the experience of everything. The initial transition from a being practicing lawyer to an in-house counsel is often a prickly one and I had to look to my boss often to imbibe the ways of the corporate world. During my initial days as an in-house Counsel, I had to spend considerable time understanding the business of my Company. Further, with time I also realized that as an advocate I was offering my services to client whereas I as an in-house counsel I am working as an employee. There is a difference in those two relations. Bottom line remains the same i.e. I am working in the capacity of a legal expert but the approach changes. For example, as an advocate I can sometimes take the liberty to reprimand my client if the client is not providing me with the requisite facts or documents or instructions but I cannot do the same in a company. As an inhouse counsel I need to be suave while seeking such inputs from my colleagues. Further, as an advocate I was an officer of the court hence my main duty was to assist the court and the client came second but as an inhouse counsel I am an officer of the Company. Period. Hence, the nature of duty changes. It took some time for me to realize these things. Fortunately, I have a very good boss who till date guides me brilliantly.

     

    Give us a brief capsule of what a regular working day looks like for you now.

    Each day at office is enjoyably hectic. My company has a diverse business portfolio and also undergoing tremendous expansion. Moreover, my company seldom approaches a firm or a lawyer for outsourcing legal work. Almost everything is done in-house. Initially I was the only one, apart from my boss so it was becoming increasingly difficult to manage everything on my own but now, I am being assisted brilliantly by a junior.

    Apart from executing the general responsibilities of an in-house counsel like drafting and vetting contracts and handling litigation matters; I have undertaken various other functions such as liaisoning with various Government Departments and most importantly looking out for the risks which the Company may unknowingly end up taking while conducting its day to day business. In other words, I try to help the Company save a little money by identifying various Government Schemes offering tax subsidies and other benefits while also trying to create a sense of security in the mind of the Management and the Marketing and Sales team to fearlessly conduct business knowing that there is a person who will caution them beforehand in the event they wander out of the four corners of law. This requires being proactive every day and not wait for a legal issue to arise and rather take care of it before it becomes an issue. In all this I have found that my previous experience in litigation has helped me immensely for executing my duties as an inhouse Counsel.

    Apart from the aforesaid, another very important responsibility I execute is negotiating contracts. It is an art and I am still learning it. One must be careful while doing this so as to protect the interests of one’s company as well as ensure that the business deal do not go south because one is unrelenting on some of the clauses of the contract. Sometimes it involves taking calculated risks. How one negotiates a contract depends upon facts and circumstances of each transaction which ultimately boils down to the extent of bargaining power and leverage one enjoys in each such business transaction.

     

    What are the differences between litigation practice in Delhi and Kolkata?

    I do not think courts in Delhi and Calcutta can be compared with respect to their receptiveness towards a fresh lawyer. Our profession always welcomes and encourages new and fresh advocates. In fact, our senior colleagues are always happy to see a junior doing well in court. This is true across all the Bars in our country. It was a personal choice on my part to move to Delhi and start practising here. However, I must add the reason which prompted me to move to Delhi. Every year Delhi attracts a lot of young lawyers from across the country. The volume of work over here is astounding. This is mainly because of the number courts which are here in Delhi. Delhi is divided into six Judicial Districts and each district has a District Court. Apart from the District Courts, there are a large number of Tribunals along with their Appellate Forums and of course there is the High Court and the Apex Court. Further, a lawyer based in Delhi can also travel a little bit (airfare is low plus highways are fast and beautiful) and take up a few outstation cases before Jaipur Bench of Rajasthan High Court and High Court of Punjab and Haryana. Moreover, half my batch from Symbiosis which includes my best friends are practicing in Delhi. Hence, I was attracted to come and settle in Delhi.        

     

    If you could turn the clock back, is there something you would do differently?

    Absolutely not. It is because of these significant turns I am what I am today. I do not think I could have done better.

     

    Is there any other advice that you would like to give to our budding lawyers?

    a) Forget what you did in college. It is a fresh journey after college! (This piece of advice is aimed at students like me who chilled too much in college)

    b) Read a lot but do not just read; understand the law as well.

    c) Keep it simple. One must know where to look for an answer.

    d) Have strong command over English language. There must be clarity in your thought process and the same must be reflected in your drafts and correspondence.

    e) Be precise and crisp while talking; be it in form of an argument before a court or with your client or with anyone else.

    f) Talk less but talk sense.

    g) Be confident and professional in your approach!

    h) Do not be shy or hesitant in seeking help when in need.

    i) Be ready to fail, learn from failures and keep moving forward.

    j) Lastly, but most importantly, there is no substitute to hard and honest work!