Can you walk us through your journey, starting from your school days at Bombay Cambridge School to becoming a University Gold Medalist in Law from Mumbai University? How did your experiences during those formative years shape your aspirations and eventual career path in law?
I studied at Bombay Cambridge School. It was one of the finest of our times. I was always a first bencher because of my height and not due to academics. Upto class VII, I was an average student. In class VII, I failed in the History subject. My parents were upset. They never expressed it. That was the lowest point in my academic career. I promised my parents that I would never let them down. From class VIII onwards, I was amongst the top rankers throughout. I belonged to the State Board (SSC). I was a school topper in Class X. I was awarded a trophy for outstanding achievement in academics in 1996 by Shri. Udhhav Thackeray, the then President of Shiv Sena.
My grandfather wanted me to pursue medicine as, according to him, I was academically brilliant. Destiny had other plans. I took up commerce at Narsee Monjee College of Commerce and Economics. I participated in various debate and elocution competitions at State Level. I was part of the organising committee of the first ever National Inter-collegiate festival “Umang”. I was a member of the Drama Committee and performed in theatre plays.
I pursued law from Mumbai University. Though we did not have formal internships in our times, I had a long term internship with Mr. Subhash Jha, Advocate from Law Global, Advocates and Mr. Anil Balani, Advocate. Under their guidance, I learnt the authentic and functional aspects of working of courts. I was actively participating in Moot court competitions. To my surprise, I even won best speaker at a few of them (though I always felt I was not even close to the other contestants). I was always eager to learn the art of advocacy. I completed the three year law course. I have been a University Gold medalist for all these years. I was awarded the Gold Medal by the then Governor of State of Maharashtra Shri. S. M. Krishna. I was even offered a scholarship for an LLM course at London University of Law. However, I felt I was not worthy of it, neither financially nor academically. I recuse myself. The same was offered to the girl who stood second. I felt she deserved it more.
I believe these formative years are the bedrock in your career. It shapes you as a person. It instilled, in me, a mighty infrastructure of legal knowledge, critical thinking skills and commitment to ethical practice.
As a University Gold Medalist in Law from Mumbai University, what key lessons from your academic journey do you find most valuable in your practical legal work today?
All of us must never forget that no education or training goes in vain. Every grade teaches us something new and significant. The most valuable lessons from my academic journey that I apply in my practical legal work today include Research Skills, Analytical Thinking, Effective Communication, Time Management and Ethical Awareness.
You have been recognized with prestigious awards such as the “Young Achiever under 40” Legal Award and “TOP individual Lawyer” – Tax by Forbes Legal Power List. How do you rate this recognition?
I am humbled. These accolades serve as affirmations of my dedication, expertise and contribution to the legal profession. They are a testimony of the fact that I love this profession and everything associated with it. It is my passion and not my profession. I am in love with the courts. I, for one, honestly and firmly believe that the judiciary is the only pillar which holds our constitution together. Every judge, I must applaud them all, right from the district judiciary to the Hon’ble Supreme Court, with limited infrastructure at disposal, is doing a remarkable and phenomenal job.
However, these awards come with supplementary responsibility. They serve as reminders of the high standards I must uphold and the expectations I must meet in my role as a legal practitioner and leader within the firm. I am keenly aware of the need to continue striving for excellence, both in terms of the quality of legal services we provide and the ethical standards we uphold.
How do such above said accolades impact your professional journey and the responsibilities you bear as a managing partner?
As the Managing Partner of UBR Legal, I recognize that these awards not only reflect individual achievements but also the collective efforts of our entire firm. I am committed to fostering a culture of excellence, collaboration and mentorship within the firm, empowering every member of our team to reach their full potential and contribute to our shared success. I am honoured by these awards and remain dedicated to upholding the highest standards of legal practice, leadership and service to our clients and the community at large.
You have authored articles and publications on intricate legal subjects that demonstrate a depth of understanding and a commitment to disseminating knowledge. Could you share insights into your writing process and how you select topics to address in your articles?
Certainly! Articles on intricate legal subjects require careful consideration and a structured approach. It is important to stay abreast of developments in the legal landscape and understanding the needs and interests of my target audience is paramount. One needs to conduct a thorough research of the topic which involves case law, statutory provisions, academic literature and expert opinions.
Overall, my writing process is guided by a commitment to disseminating knowledge, fostering understanding and providing practical insights. From 2020 onwards, I have introduced a monthly newsletter “Lex Loquitur” that culls out the ratio of some important rulings from various judicial fora in the areas of Indirect tax, Direct Tax, Arbitration and Conciliation Act and Insolvency and Banking Code.
As an arbitrator appointed by the Hon’ble Bombay High Court, what unique perspectives do you bring to alternative dispute resolution and how does it complement your litigation practice?
Being appointed as an Arbitrator by the Hon’ble Bombay High Court brings with it a unique set of perspectives and experiences that greatly enrich my approach to alternative dispute resolution (ADR). My background as a legal practitioner and litigator complements my role as an arbitrator, allowing me to apply my substantive legal knowledge and advocacy skills to the arbitration process to, mostly, a resolution to the dispute.
As an arbitrator, I am committed to upholding the principles of impartiality and neutrality in resolving disputes. I believe the alternate dispute resolution mechanism is intended to bring a pragmatic approach, emphasizing efficiency, flexibility and procedural fairness. The same aids the litigating lawyer in me to advise and counsel clients approaching me for legal opinions.
Reflecting on your time at Advaita Legal and Lakshmikumaran and Sridharan, what were the most significant learnings you garnered from those experiences and how have they influenced your leadership style at UBR Legal?
During my tenure at Advaita Legal and Lakshmikumaran and Sridharan, I had the privilege of working with some of the most distinguished legal minds in the industry. I worked with Mr. Sujit Ghosh, Senior Advocate at Advaita Legal. However, I am indebted, and shall always be, to Mr. V. Sridharan, Senior Advocate (Founding Partner of Lakshmikumaran and Sridharan) and Mr. R. Nambirajan, Senior Partner LKS. Whatever experience in life I have today, apart from the professional training, I received those valuable lessons from both of them. They taught me that a good man can only be a good lawyer. Ethics were embodied in me by them.
The dedication towards research, attention to detail and commitment to delivering high-quality legal services were ingrained in every aspect of our work. This relentless pursuit of excellence has become a cornerstone of my leadership style at UBR Legal, where I strive to uphold the same standards of excellence in all our endeavors.
I learned the importance of building strong client relationships based on trust, integrity and responsiveness. This client-centric approach guides my leadership at UBR Legal, where we prioritize client satisfaction and strive to exceed client expectations in every interaction.
With your expertise in GST could you elaborate on how you navigate the intricacies of these areas to provide tailored solutions for your clients?
GST is a new law. It is technology driven. It is system based. It is at a nascent stage. It would certainly evolve with passage of time.
Navigating the complexities of GST requires a deep understanding of the ever-evolving legal and regulatory landscape. At UBR Legal, we approach this by combining our expertise in tax law with a thorough analysis of our clients’ specific needs and circumstances. We tailor solutions for our clients by:
Staying updated on the latest developments in GST, budgetary changes, and service tax regulations through continuous research and training;
We engage in detailed consultations with our clients to understand their business operations, financial structures, and tax obligations; and
We provide legal advice on strategic tax plans that minimize their tax liabilities, maximize available benefits and incentives and mitigate risks.
How do you foresee the future landscape of taxation evolving and how does UBR Legal adapt to these changes to best serve its clients’ interests?
Tax laws are here to stay. Only two things are certain: death and taxation. As long as people exist, laws would exist. As long as laws exist, litigation would exist. At UBR Legal, we adapt the changes by staying ahead of the curve through ongoing education, investment in technology and close monitoring of legislative and regulatory developments. This allows us to anticipate emerging trends and proactively adjust our strategies to best serve our clients’ interests.
Beyond your professional endeavors, what personal hobbies or interests do you pursue and how do they contribute to your overall well-being and effectiveness as a legal practitioner?
I enjoy reading non-fiction and business oriented literature. Political news also excites me. This habit assists me in my role as leader of a law firm and fuels my legal practice as well. Regular reading also provides mental stimulation and helps maintain focus. I cycle everyday for about 20 kms. I enjoy cycling. It is a natural form of exercise. A healthy body is an expression of a healthy mind.
With your wealth of experience and achievements, what advice or suggestions would you offer to the upcoming generation of legal professionals who aspire to follow in your footsteps?
I am no preacher. I believe I am still learning. All of us are. We are all students of law. Learning never ends. However, I would like to share a few words of advice with the younger generation:
First, there is no substitute for hard work. Not everyone is gifted with exceptional talent. However, with hardwork and average intelligence, lawyers can go places.
Second, ethics and moral values are priceless. Be honest to yourself. Be honest to your work. Be honest to the court. Life would throw several challenges where your feet would tremble, that’s where the test lies. No legacy is as rich as honesty.
Third, conduct, behaviour and demeanour in court is the first court craft a lawyer should learn. Never hoodwink the Judge. Relationship between the bar and the bench is based on mutual trust. Respect your opponent. Respect his/her arguments, even if you do not agree. He/she is fighting for the client, the way you are.
Fourth, listen to your parents. Parents are the best teachers. They are the only true well wishers who want to see you succeed. Their blessings are very powerful.
Fifth, be and stay humble. Humility is a hallmark of great men. It was pride that changed angels into devils.
What prompted you to do Law? and then, what prompted you to move to corporate law? And at the end in the whole journey. What made you establish Agama Law associates?
The question of why law has always intrigued me, dating back to a remarkably early age of around 12 or 13. At that point, my understanding of the legal field was limited, and there were no familial ties to the profession. Nevertheless, something about law captivated me deeply. As a voracious reader during my childhood, I found the prospect of a career where continuous learning was inherent and extended throughout one’s professional life to be highly appealing.
The realization that law touches every aspect of life dawned on me as I grew older. Unlike professions such as medicine, pharma, or engineering, which often specialize in a single domain, the legal profession offers a unique insight into multiple facets of life. Whether practicing medical law, which requires a profound understanding of medicine, or delving into criminal law, where a high understanding of criminal psychology is crucial, the multifaceted nature of law continues to be a source of excitement.
Moreover, my enthusiasm for law extends to the generalist role I currently embrace. In a landscape where specialization is often emphasized, my passion lies in exploring diverse areas of law. This inclination was evident from an early stage, a decision supported by my father. This generalist approach allows me to navigate through various legal territories and maintain a broad perspective, which I find both stimulating and fulfilling.
Reflecting on my journey, the inception of my legal career was marked by this passion and a commitment to continuous learning. It’s a journey that has been shaped by a love for reading, an excitement for the multifaceted nature of law, and a deliberate choice to remain a generalist in a world that often leans towards specialization.
My legal journey commenced under the mentor-ship of a senior counsel, renowned as the leading shipping lawyer in the country at that time. The realm of shipping law was exceptionally thrilling and lucrative, akin to a gold mine in the legal landscape. Although disputes were relatively scarce due to the industry’s prosperity, my exposure was comprehensive. From witnessing ship arrests to navigating shipbuilding contracts, the experience was enlightening. As junior members in a senior’s office, understanding the intricacies of queuing matters and gauging the dynamics of working alongside a seasoned professional fueled my desire to explore beyond the apparent tip of the iceberg.
Subsequently, my journey led me to a solicitor setup, where the practice encompassed both litigation and non-litigation matters. This phase afforded me a diverse range of experiences, delving into project finance and mergers and acquisitions (M&A). Engaging in IPO-related work and handling white-collar matters in the court provided a well-rounded exposure. Frequenting both Criminal Court and the High Court for writ petitions enriched my understanding of legal processes.
Transitioning to a role at AZB marked a grounding experience, characterized by the demanding quality of work and the competitiveness inherent in the firm’s culture. The challenges posed in managing time constraints and a myriad of responsibilities served as a valuable learning curve. This stint prompted a process of unlearning certain approaches, fostering personal and professional growth.
My inclination towards connecting with people on an individual level led to the establishment of Agama. Originating in a single room, this venture symbolizes my quest to reach out independently and make a tangible impact. The journey, from the initial mentorship in shipping law to navigating diverse legal landscapes, has been characterized by continuous learning, adaptation, and the pursuit of meaningful connections.
Your experience spans various sectors, from manufacturing to healthcare. Is there a specific industry that you find particularly intriguing or challenging, and why? And how do you break the boundaries and enter that challenge, because this is for the ones who are entering this amazing field of law as you mentioned.
For lawyers, such as myself, who adopt an industry-agnostic approach, the legal landscape presents a diverse and expansive canvas. Personally, I’ve been fortunate to accumulate a wealth of varied experiences across different sectors. Among the most dynamic and engaging areas of law today is the realm of general corporate law.
Within general corporate law, several sectors stand out as particularly exciting. One such burgeoning industry is logistics, encompassing a spectrum of aspects, from real estate to road and vehicle-related laws. The logistics industry has witnessed remarkable growth, with emerging players like micro-mobility companies and port operators contributing to its dynamism. Advising clients in this field involves addressing a wide range of issues, including labor matters, especially those with an IT-centric focus. Additionally, logistics offers opportunities to provide counsel on data protection and navigate complex cross-border challenges. The sector also presents instances of high-quality arbitration, especially concerning transport, customs, and international trade.
Another compelling and niche area that is currently witnessing the development of legal jurisprudence is the regulatory framework surrounding renewable energy. In this domain, there are relatively few lawyers in the country specializing in this evolving field. Personally, I have been privileged to work on projects related to renewable energy, particularly in assisting a client in setting up solar farms in India. This experience has spanned a broad spectrum, involving M&A, regulatory compliance, and labor issues, making it a truly comprehensive and rewarding endeavor over the past one and a half years.
In the context of fostering growth and cultivating relationships with clients, particularly within the framework of your own firm, could you share insights into how you went about establishing these connections? What strategies did you employ when encountering unfamiliar individuals whom you identified as potential valuable clients for your firm? Additionally, could you elaborate on the foundational values that guided your approach in engaging with clients and ultimately contributed to the development and current standing of your firm?
The foundation of any long term relationship lies in unwavering mutual trust and mutual value addition. For us, as lawyers, trust is given where we uncomplicate. If businesses can trust us to unwind the complexity in a stressful situation, as fast as possible, instead of taking them deeper down the web of intricacy – we have justified our existence. Navigating the intricacies of being a good lawyer revolves around a crucial ability: the aptitude to unravel complex problems and present them in simplistic terms, particularly from the client’s perspective. The foremost skill lies in understanding the client’s desires, pinpointing their current pain points, and crafting viable solutions.
Some of the most renowned lawyers often exhibit this proficiency, breaking down intricate legal matters into comprehensible points for their clients. The challenge arises from the fact that clients may express their problems differently due to a lack of legal understanding. Lawyers need to bridge this gap by deciphering the true legal issues beneath the client’s articulated concerns.
Ultimately, being an effective lawyer hinges on a clear comprehension of what the client wants, an astute understanding of their present challenges, and the ability to provide feasible solutions. The task extends beyond legal expertise, requiring effective communication and translation of legal intricacies into practical and accessible terms for the client.
Certainly, the process involves two distinct facets: understanding clients and acquiring clients. Acquiring clients, relatively, is the more manageable aspect. It often necessitates showcasing one’s abilities, effectively communicating in the client’s language, and establishing a level of comfort that encourages collaboration.
In the contemporary legal landscape, companies tend to engage with multiple legal professionals for diverse needs, disrupting the traditional model where a single firm handled all legal matters. As a result, lawyers need to adapt to this shift and recognize that not every point of contact transforms into a client. Identifying whether a client is attainable, either from the client’s perspective or the lawyer’s, is a nuanced evaluation.
Understanding clients, on the other hand, delves into the core of their challenges and aspirations. It involves deciphering the key issues they face and determining whether the proposed legal solutions align with their objectives. The crux lies in comprehending what the client aims to achieve and guiding them toward feasible solutions. This task stands out as the most intricate part of the process.
While legal documentation and transaction structuring are essential components, they primarily serve as logistical elements. However the foundational value is to get at the core of what a business needs but is not able to put into words. The value is also to minimize logistical efforts, and hence costs, as far as dispensable without compromising on risk-protection. The true essence lies in grasping whether our efforts effectively contribute to realizing the client’s goals. Therefore, the key to success in the legal profession lies in the nuanced understanding of both acquiring and understanding clients, ensuring that legal services align with and contribute to the client’s desired outcomes.
Could you elaborate on how you navigate the delicate balance between intricate legal nuances and the broader business context when serving in an advisory role? Specifically, when recommending clients to others, how do you manage this equilibrium, considering that clients hold the reins in decision-making, and advisory services revolve around facilitating their processes and needs?
As an advisor, I have an obligation to multiple coordination points – the individual seeking advice, the organization the individual is representing, and then the criticalities that both the representing individual as well as the organizational governance may not have full awareness or understanding of and may not have planned to address, yet. It’s crucial to align these aspects. For instance, a client might approach us for a lease agreement, but upon deeper discussion, we may discover they lack essential commercial terms. In such cases, our role evolves beyond legal drafting, extending to advising on business risks and strategic decisions.
While some clients seek legal interpretations, others welcome comprehensive business advice. The distinction lies in understanding their specific needs. Some engagements involve academic legal exercises, while others delve into strategic business decisions. Being part of this decision-making process is equally enjoyable for us.
As an advisor, the key is intuitive understanding—discerning whether clients merely seek legal input or require a deeper exploration of their business context. This process takes time and builds on familiarity, similar to understanding friends. Ultimately, aligning with clients’ objectives is paramount in offering effective advisory services.
Your focus on process-driven risk management systems for startups is noteworthy. What key principles do you believe are crucial for startups to establish a sustainable foundation in terms of legal compliance?
Sustainable business foundations would involve managing foresight and mapping the pie that a business is trying to negotiate for itself, well in advance. In the sharply agile market that we are witnessing in all sectors thanks to tech advancement and artificial intelligence, a business that desires to sustain itself for any amount of term that is markable, the bare minimum requirement is to cover for risks and obligations that will flow much in advance. Mature entrepreneurs have that foresight to an extent, but fledgling start ups don’t. This is where our experience – and the systems and in-built processes that has led to within our advice – comes in.
When startups seek advice, we often encounter two distinct types. Firstly, there are mature entrepreneurs who have prior experience in the field and are advancing their ventures. Dealing with them is relatively straightforward as they possess a solid understanding of the workings, time-frames, and compliance risks. They proactively ask the necessary questions, making the consultation process smoother.
On the other hand, there’s a different category of startups – those with innovative products or disruptive ideas seeking funding and eager to establish and run their systems. Handling these startups requires a unique approach. With mature entrepreneurs, conversations can delve into advanced levels, as they are already aware of the eventual need for compliance. In such cases, simplifying their journey is achievable by providing checklists and connecting them with essential professionals like company secretaries and chartered accountants. We have a well-established network of professionals with whom we collaborate, facilitating these connections.
For the latter type of startups, there is a need for a more persuasive approach. Convincing them of the importance of compliance is crucial. As legal advisors, our role primarily involves guiding them on compliance requirements rather than directly handling compliance matters. By effectively communicating the necessity of adherence to regulations, we aim to bridge this understanding gap and help them navigate the intricacies of legal compliance. Ensuring success in the startup landscape today is imperative, especially considering the vast reach of the Internet. I recently came across an intriguing insight in a doctor’s room that resonates with this—suggesting that if you trust Google for health advice, you might as well ask Google to cure you. In today’s digital age, startups often grapple with misconceptions, and my role involves investing time upfront to dispel any misinformation and guide them in understanding the landscape.
One key area I find crucial is steering startups towards sustainable investments. Beyond mere compliance, many startups, in their early stages, inadvertently sacrifice significant equity and rights. The true victory, in my perspective, lies in assisting startups to secure sustainable investments that will propel the company forward without compromising its core interests. This involves strategic steps to avoid pitfalls and foster the company’s long-term growth.
In my experience, every startup journey unveils distinct challenges and perspectives, which continually enriches my understanding of the dynamic startup ecosystem. It’s fascinating to approach each situation with an open mind, as the nuances and intricacies vary, offering fresh perspectives and learning’s with every new collaboration.
Mergers and Acquisitions form a significant part of your practice. Could you share a memorable experience or deal that posed unique challenges and how you navigated through them?
The turning point in my approach to M&A came when as part of one deal, I had said a big unequivocal “No” on behalf of our clients to one of the deal terms. The counter-party, a significant figure in a large group, was humble and kind enough to not come back aggressively to that position but encourage a dialogue. Which is when it really sunk in how much more are we as “facilitators” instead of hurdles, on deal making, as lawyers. And the art of negotiation is something we can’t ever have honed enough – there’s always some new interpersonal aspect to learn about. Despite his stature, he was kind and humble, encouraging a dialogue to resolve the issue. Such experiences reshape one’s perspective, emphasizing the importance of effective negotiation. Therefore,, when it comes to mergers, the crux, for me, lies in negotiations. This has been the most significant learning for me over the past decade. Working with an entire team provides a certain level of comfort due to the presence of seniors and super seniors. However, the true learning comes from actively negotiating a transaction and seeing it through, which I believe is a crucial skill for lawyers. My advice to young professionals is to actively seek opportunities where they can lead or negotiate transactions rather than being a part of a larger team.
In our practice, we have instilled this philosophy from the beginning. Regardless of their seniority, all associates are encouraged to actively participate in negotiations and discussions. This exposure ensures that they grasp the context of the deal and understand the dynamics involving clients and counter-parties.
One challenge in today’s M&A landscape is the post-deal closures, especially in mergers. While closing the deal itself is significant, the groundwork post-merger is equally crucial. Nowadays, many companies handle this in-house or enlist the help of consultants, making it essential for lawyers to understand the entire process.
Lastly, for young professionals aspiring to excel in M&A, I recommend dedicating effort to understanding the regulatory landscape. Regulatory filings, particularly under the Competition Act, offer a unique perspective. Arguing why a particular combination is not detrimental to competition provides valuable exposure that significantly enhances one’s understanding of M&A in the Indian legal context. If time permits, M&A is an excellent avenue for learning the diverse facets of law.
Your contributions to various publications and your recognition as a thought leader reflect your commitment to sharing insights. What motivates you to contribute, and how do you stay ahead in an ever-evolving legal and business landscape?
Lawyers often claim they don’t read enough due to the fast-paced nature of the legal landscape. However, staying ahead requires continuous reading, networking, and engaging with the legal community. Isolation isn’t conducive to legal work; interacting with peers, meeting business professionals, and fraternizing with others are essential for effective practice.
In terms of recognitions, accolades, and awards, one values recognition for their writing. Encouraging everyone in the company to write, regardless of seniority, expands minds and provides a broader perspective. Writing on various subjects not only benefits the company but also enhances the individual’s understanding of the overall legal landscape. It is most satisfying being approached for stories on POSH and labor-specific law over the past ten years by leading magazines. This recognition, despite not being a senior labor lawyer, is particularly meaningful.
It would do well to acknowledge the significance of industry magazines and editorial efforts, such as IBLJ, for recognizing lawyers. This recognition makes younger lawyers feel like a vital part of the legal community and boosts morale, especially when attempting to create something parallel to established setups. The credit goes to those in editorial roles who contribute to highlighting the achievements and perspectives of lawyers outside the traditional legal hierarchy.
Your recognition as a finalist for “Woman Lawyer of the Year 2023” and other prestigious awards is impressive. How do such recognitions impact your approach to your work, and what advice do you have for young lawyers aspiring to make a mark in the legal field?
Personally, every morning when I wake up, the motivating factor is knowing that clients rely on me. There’s nothing more inspiring than the realization that I can contribute to their businesses. Additionally, my team is waiting for me each day, and our discussions about ongoing issues drive me to be there for them as we work to advise clients. It’s a dynamic mix of client needs and team collaboration that fuels my motivation.
Speaking of recognition’s, it’s a relatively recent trend. When we left law school, there weren’t as many accolades for lawyers. While I value these recognition’s and they undoubtedly make one feel good (who wouldn’t want to be called a top lawyer in the country?), it’s crucial for young professionals to understand the importance of building their CVs continuously. Every task, from writing an article to advising a client, should be documented. Keeping a record of your learning experiences allows for recollection when needed, whether for award submissions or networking. This proactive approach helps people remember you, and at our firm, we ensure everyone records and reflects on their work regularly. It’s about considering what could have been done better, what went right, what went wrong, and identifying areas for improvement. In the fast-paced world, reflective practices might not always be feasible, but being mindful of this can significantly contribute to personal and professional growth, fostering a sense of pride and accomplishment.
In an era of increasing data concerns, you’ve been actively involved in data protection agreements. How do you assist clients, especially those in software creation, in navigating data protection compliance and mitigating associated risks?
In today’s globalized business landscape, privacy has become a crucial factor due to the vast amount of data available to businesses. The handling of data is emerging as a key cost-driving factor, influencing how companies operate. For instance, there is a shift towards keeping data within specific geographical boundaries, like storing Indian data in India and EU data in the EU, driven by government directives, especially in developed countries. While some governments mandate these practices, in India, it’s often seen more as a compliance requirement.
Our approach to reviewing data protection agreements or privacy documents varies based on the client. With Indian clients, we emphasize the need for compliance, advising against drafting anything they can’t adhere to or might require additional funds for compliance. Privacy is considered non-negotiable, and non-compliance, especially for European clients, can result in significant fines. We often assist clients dealing with European parties but processing data in India, guiding them through transfer impact assessments to ensure compliance.
The introduction of the Data Protection Act (DPA) is expected to enhance the infrastructure for protecting citizens’ privacy. However, we acknowledge that the existing Information Technology Act and rules, if implemented effectively, could serve a similar purpose. Enforcement, though, remains a challenge due to the complexity of procedures, such as involving the cyber cell or the legal system. With the DPA, many principles are being codified into law, reflecting legislative intent. While this might not drastically alter the groundwork for companies, it does offer more avenues for data subjects to seek enforcement.
Beyond your professional achievements, what personal interests or activities contribute to your growth and well-being outside the legal realm?
I believe, like many lawyers, I do face challenges when it comes to taking care of my health. I wish I could prioritize my well-being more and achieve a better balance. However, what takes up the majority of my time is my family, as we have a fairly large one. Balancing work and family is a constant challenge, but we make efforts to promote healthier eating habits within our family.
For me, mental well-being is crucial, considering the demands of the legal profession. Small things at home can become sources of stress, so learning to switch off when at work and using tools like reminders helps manage personal commitments. Technology, in this sense, plays a significant role in helping me stay organized, reminding me of tasks such as buying a gift for my son.
While it’s challenging, I’ve learned to establish boundaries between work and home life. Despite the difficulty in today’s fast-paced world, I make an effort not to work when I’m at home. Being part of a family of professionals, with my husband also being a lawyer, helps create routines that prioritize family time, especially on weekends.
Achieving this balance is different for everyone, and I acknowledge that it’s not an easy task. Personally, I wish I could find more time to read nonfiction, as I used to read several books a year, and now finding time for even one or two is a challenge. However, it remains something I’d love to prioritize in the future.
Could you share a bit about your journey from starting as a litigator to becoming a business lawyer? How has your overseas experience shaped your approach as a business lawyer, and what valuable insights have you gained from working across diverse legal landscapes?
When I joined the legal profession, it was the norm to work with a senior practitioner in the courts. My first job was with Mr. Pran Nath Talwar, a senior advocate at the Delhi High Court who was the Standing Counsel for DDA. I worked with him for two years, from July 1986 to July 1988. Mr. Talwar was a stellar lawyer with a razor-sharp mind. Every day he regaled me with stories about the law, about life and always insisted we read the jurisprudence deeply and fully and learn how to apply it. He underscored the devil is always in the detail and to ensure we know full facts before starting to think of the merits or demerits of a case. I was fortunate to get solid grounding with him.
Subsequently, I left for the US to study further and then had opportunities to work there. My work with the large US law firms exposed me to and gave me insights on the western large firm model functioning – a deeper and different kind of professional ethics, to structured processes and systems, to development of a profound sense of responsibility for the advice we give to clients on the basis of which corporations were going to take decisions, to concepts of negligence if our advice was incomplete or inaccurate. After I moved to Paris, initially for a year, in a pre-Google era, I confronted different challenges including juggling work in a country where the native language was not English and I did not speak a word of French. I had no option but to take up the challenge and do what I had to. I was thrown into the deep end of the pool and simply had to figure out how to swim if I did not want to drown. I did not get anything easy, and, in hindsight, I am glad it was that way. Eventually, my one year in Paris became five!
Since my formative professional years were spent overseas, my work experience in both the US and in Europe shaped me enormously and provided insights on how to work which now, over decades, are part of my DNA! My clients reinforced that transparency is key when advising and it is best to be direct, without providing circuitous or ambiguous counsel. Eventually, we must remember they act on our recommendations, relying on our expertise. Plus, there is always a human impact as eventually people implement. So, it is crucial to understand the ramifications of what we say, when we say, and how we say. The work environment coupled with the commitment and diligence towards the tiniest of matters made me realize that regardless of the country, some key fundamentals are global: work hard truly, honestly with the key objective of securing the best result for your client and it will not evade you. All my lessons, professional learnings and value systems garnered from my clients, peers and seniors from around the globe always pointed to one thing only – work hard and the results will come. I suppose it is the age-old wisdom from the Bhagavad Gita. I firmly subscribe to the view that there are no shortcuts to success. Let your work speak for you and do not look for excuses.
Congratulations on being named “Woman Lawyer of the Year – India & Middle East” and the recipient of the “Mayre Rasmussen Award” for promoting gender equality. How do these accolades impact your commitment to gender sensitization, women empowerment and equality within the legal profession?
Thank you very much. Of course, I am very grateful, but the accolades came much later. Legal awards are a relatively recent development, while I have been personally, deeply committed to the advancement and nurturing of women lawyers in India since I returned to set up the practice. As a first-generation woman lawyer, setting my own firm in the late 90s was a huge challenge in every aspect, be it law firm management, execution of work, finding and training teams. Slowly, but surely, I wanted to try to make a difference and help in gender sensitization, women empowerment and equality. The legal profession is changing so rapidly everywhere, Indian women need to be equipped to handle the change and how the future is likely to impact their practice, be it of solo practitioners in courts or within law firms or in-house positions. While the education system has undergone a change, and the information highway is at everyone’s fingertips, yet most prospective lawyers are unprepared for life with the law. This requires more practical courses and skillful use of interns. All of us who are experienced at the Bar need to contribute to bring about that transformation. There is a dire need to focus on professional development, which must be matched by a desire to grow as well by women protagonists.
I think it is essential to focus on the reasons why organizations should create sustainability for women in the legal profession. There should be strategies in place for nurturing our own careers and those of the women following us. I have looked at this issue often, both in India and overseas. It is essential to address the issues from a positive perspective and focus on what women lawyers can and should do to participate in their own success and the success of those who follow them. Despite a lot of progress in the law firm world, we still have “miles to go.” I could articulate more, but I think these are enough for the moment. After over three and half decades in the law, I feel the legal world needs to be more open to change as we come together to share experiences and aid in finding solutions at a local, national and even transborder level.
You’ve authored books and contributed to various publications. How does thought leadership play a role in shaping discussions on legal issues, and what motivated you to share your insights through books?
So, for me, as a first gen lawyer in an era where technology had not really evolved, I had to devise ways and means to showcase my capabilities while building a practice. Writing came naturally to me. Plus, while navigating through the labyrinth of varied laws, regulations, guidelines, I would often be flummoxed at the lack of clarity, even amongst those who implemented those laws. The challenge was always to find answers in simple words. As a result, I thought writing and publishing would be a tool to demonstrate subject matter knowledge plus say it in a manner which would be easy for the reader to understand. I still feel the same.
As a Board member of the International Technology Law Association, how do you see the intersection of technology and law evolving, and what legal challenges and opportunities do you anticipate in this space?
I firmly believe whether we like it or not, rapid developments in technology have changed and are continuing to change how people consume, interact, play and work. Like it or not, AI, Big Data, blockchain, cybersecurity, Fintech, IoT, privacy are here to stay and an integral part of daily lives.
While government policies will influence the direction of technological developments, laws and regulations will undoubtedly need to match and address the new reality. Some people fear developments in the foregoing areas will somehow replace human interactions and, eventually, make us shed our human persona. Others believe these innovations will benefit humanity and help solve many problems of today and potentially of the future. As companies navigate through these changes and await effective enforcement of new legislation, one key challenge is how to gear up for the future and the need to formulate internal rules that comply with strictest global standards in place in other parts of the world or wait to match with local requirements. Legislating and regulating developing technologies is complex, and it becomes way more complex when crossing borders. A balance between global and local rules with some degree of self-regulation will be the need of the hour. Another problem is legislation can take far too long. Look what happened to the Digital Personal Data Protection Act and the number of years and iterations it has taken to pass this law. More than 4.5 months after the DPDP Act was passed, we still await the rules. In the tech world, this feels like eternity. Finally, I want to touch on cybercrime and data breaches which have grown exponentially even when compared with the start of the pandemic. A systemic threat of cybersecurity risks is the talk of most boardrooms. But while awareness is growing many directors simply are unsure if they have the information and tools to effectively handle today’s dangers. The massive digital transformation requires robust cybersecurity and privacy laws. The Indian government must put in place far more effective mechanisms to regulate cybersecurity and cybercrime effectively.
Can you share a particularly challenging or memorable deal you’ve worked on? How did you navigate complexities to ensure a successful outcome?
There are many that come to mind, but I will talk about one. I was in Europe for business and had to travel to the US for client meetings. Meanwhile, the Iraq war started which led to companies imposing travel embargoes. I had a tricky transaction that was to close later that week in Delhi. The business and legal team of the client wanted me to travel to India but I had commitments. I managed to convince them to let me stick to my travel schedule, and committed that I would be available to work with my team and the other side according to Indian time that week to ensure closing occurs timely. They agreed. As I was about to board the plane for New York, I got a call from my colleague in Delhi who said there was a problem, which was really an issue of the counterparty. They realized and announced at the last minute, but the effect was the deal could be in jeopardy. We needed to inform the client, and I had to board my transatlantic flight. Oh, and the colleague was to wrap up work on this file and then leave for her wedding, which was 2 weeks later. I felt the flight from London to New York was crawling and just felt helpless due to lack of knowledge. Eventually, I succumbed and asked for a satellite phone, rang my office in Delhi and got all the facts. I knew the client would be unhappy to hear of the developments. Upon landing in NY, I connected with the business and legal people at the client where one was ready to call off the whole thing, while the other wanted to proceed.
The problem was that we needed regulatory intervention, and it is always tough to predict the duration a government agency may take. So, there were several moving pieces, and we had no idea how long the closing could take. I told the client if they wanted to proceed, I would find a solution. I canceled my meetings in the US for the next few days, went to a travel agent and bought a ticket to fly to India. I must have been in the US for 5 hours from landing to heading again to the airport. I returned to Delhi as fast as I could, went directly to the office and stayed there for a week. We delayed the closing by a few days, drafted additional contracts to address the new developments which were negotiated each night between 10 PM to 2 AM and, finally, managed to get to the finishing line a week after the original scheduled date. It was tough both physically and mentally as I did not sleep for 3 or 4 days at all but worked non-stop. The satisfaction of a successful outcome with all sides happy was the adrenalin rush that kept us all going!
Juggling a dynamic legal career and contributing to various committees and associations can be challenging. How do you maintain balance in your professional and personal life? Any hobbies or activities that you turn to for relaxation?
Balance does not come easy for anyone, and it needs both method and time and for long-term gains, it is important to cultivate resilience. I meditate regularly, read, take time out for fitness, and find periods of silence, all of which is therapeutic. Then, my closest childhood friends are my rocks and always there for me, when I need to talk. I also think it is essential to create boundaries, personal and professional. I never did that for the longest time when I was building the firm, but I encourage all my colleagues to do so and do so myself as well now.
Looking ahead, how do you perceive the future of legal practice, especially considering the evolving dynamics of international business and technological advancements? What advice would you give to the coming generation of lawyers?
The legal landscape is at a very interesting phase undergoing rapid and radical change. Boundaries have blurred with digital and technology transformation. Then, competition has increased exponentially, putting pressure on firms and lawyers to be increasingly open to innovation. While the legal industry is known for sticking to tradition but for practices to thrive, lawyers must be aligned with developments in technology and emerging areas of practice, focus on building skills and learn effective, consistent communication, both internal and external. Never forget clients demand efficiency, transparency, personalized service. I firmly believe lawyers have the potential to seize challenges and convert them to opportunities.
