Tag: University College of London

  • “At the end of the day, if you are not able to deliver in Court, a last name -no matter how famous- will not get you very far.” – Antony R Julian, Founder and Principal at Julian Law Offices.

    “At the end of the day, if you are not able to deliver in Court, a last name -no matter how famous- will not get you very far.” – Antony R Julian, Founder and Principal at Julian Law Offices.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What initially inspired you to pursue a career in law, particularly at a prestigious institution like University College London (UCL)? What factors influenced your decision to choose UCL, and how would you describe your academic and personal experiences there?

    I always wanted to be a lawyer – even before I understood what a lawyer really does. I have no explanation as to why except guessing that it could be the unconscious conditioning of watching my father (Dr. A. Francis Julian – a Senior Advocate), and hearing stories of my grandfather (who was a lawyer in the erstwhile State of Travancore). I was never consciously influenced to take up the profession by my father. All options were always open. My sister (A dentist and a children’s author) and I were encouraged to explore and see where our intellect and abilities would take us – somehow I always found my way back to the Law.

    This clarity (or blinkered view, if you will) allowed me to focus early on where and how I wanted to study law. I was very clear that I wanted to study law abroad. I had set my sights on going to a law school in the USA. The first time I wrote the LSAT, my scores were not too great. So I decided to take a gap year and write it again. The second time I also wrote the LNAT (the UK equivalent of the LSAT). In the second round, I managed a decent score, and also got scholarships to a couple of good universities in the USA. However, my LNAT scores were comparatively much better and I was offered a place at UCL. 

    Prof. (Dr.) C. Rajkumar (Founding Vice Chancellor of O.P. Jindal Global University) was another profound influence on me from early in my life. I’ve known him from my school days when he used to frequent our home as a law student at Faculty of Law, Delhi University. His stellar academic achievements were inspirational and it was something I tried to emulate. He also counselled and mentored me extensively during the law school admissions process. His time then was especially precious as it was around the same time that OPJGU was being established !

    Seeing the historical relevance of the UCL Law Faculty to India (due to some very famous Indian alumnus, including Mahatma Gandhi), I knew this was where I wanted to go. 

    UCL was a completely different experience after a bachelors degree at Loyola. I struggled a bit initially due to the massive amount of self-study required, but managed to get a decent grade. Life at UCL was not limited to lectures and libraries. The university’s location in the heart of London provided countless opportunities to engage with the city’s cultural and social scene. I learnt the law but more importantly, I learnt a lot about life in my three years there. However, as much as I loved the city,  I didn’t envision myself living there in the long term. So I decided to return to India on completion of my degree.

    After completing your law degree, you pursued an LLM in International Dispute Resolution at Queen Mary University of London (QMUL). What motivated you to specialize in this field, and how did your time at QMUL shape your professional trajectory? In what ways has this specialization influenced your career?

    An LLM is often considered as a purely academic pursuit, unsuited and unnecessary for those in Court litigation. That view, in my opinion, could not be more wrong. The practice of law has become greatly specialised. Having technical expertise is necessary and needed to stand out as a lawyer.  Litigation itself is a vast field, and every field of law has its own form of adversarial litigation, whether before a court, a tribunal, or an arbitrator. 

    QMUL has some of the best faculty in the world when it comes to international arbitration, they are not only academics but also full-time practitioners who have practical experience. They had excellent insights to share during the discussions in the tutorials. 

    In the early stages of your legal career, you worked with Mr. Salman Khurshid. What were some of the most valuable lessons and insights you gained from that experience ?

    Working with Mr. Salman Khurshid was a defining experience in my professional and personal life. Mr. Khurshid (Salman Sir to us) is probably one of the most large hearted persons I have had the opportunity of knowing. He is, of course, a very fine lawyer but above all he is a gentleman and a statesman in the truest sense, he embodied dignity, compassion, and the uncompromising need to ensure justice is done. 

    As his chamber member, I got an opportunity to work on a variety of matters – Constitutional, commercial, criminal, arbitrations- before various judicial fora – the Supreme Court of India, various High Courts, NCLT, NCLAT, TDSAT, COMPAT, etc. 

    Days were spent in Court (this was before the advent of virtual hearings), evenings in the Office. 10-12 hour work days were the norm. But the hardest worker in the office was the head of chambers himself. It was often the case that we would prepare copious notes and go to his house late in the evening to brief him for the next day, only to find him reading the files. This was apart from the various responsibilities he discharged as a leader in the Congress party. 

    Being one of the sought after Senior Counsels in Delhi, he was also a generous paymaster, giving all his chamber members a rather generous retainer coupled with regular bonuses. We were also actively encouraged to take on independent matters and permitted to use the office facilities for our own personal practice. 

    Ours was also a chamber that was very diverse. We had chamber members from at least 10 states in India. We also had a higher number of first generation women lawyers than male lawyers. Of the 20 or so chamber members, only 5 (including me) were male and only 2 were second generation lawyers. 

    Among the many lessons I learnt from my five years (2014-2019) at Mr. Khurshid’s chambers, the one I recall the most is that respect can only be earned, never demanded.

    I have tried my best to emulate these important lessons in mentorship and leadership in my practice as well. Of the four three associates I have had the privilege of working with at Julian Law Offices, all are first generation lawyers, three are women lawyers. One of them is presently doing her LLM in the UK.

    Additionally, being a father to two daughters makes me more conscious of the need to ensure the profession is more welcoming to women. If either of them decide to enter the profession, they need more women role models to look up to. 

    What inspired you to establish your own law practice? What vision guided you in founding your practice, and what were some of the key challenges you encountered during this journey?

    Starting my own practice was a natural trajectory of my career path. Being a law practitioner’s son – I had ready access to a chamber at the Supreme Court, I had a network to tap into, I had a well stocked library of commentaries and law reports at my disposal, and most importantly – credibility capital. These, of course, only get you so far. 

    At the end of the day, if you are not able to deliver in Court, a last name – no matter how famous- will not get you very far. Furthermore, the profession is a rather close knit community and any professional mishaps are rarely forgotten. Having a recognisable last name only increases the scrutiny of your conduct in Court. One is judged much more harshly if one comes from a family of lawyers. Reputations built over a lifetime can be destroyed in a day. For every successful second generation lawyer, there are ten who never made it out of their parents’ shadow.  

    One challenge I faced in establishing my practice was to ensure a steady supply of clientele. Practicing solely at the Supreme Court is not feasible unless one has a ‘feeder’ high court from where one can get a steady supply of matters for appeals. 

    This was the reason I expanded my practice to the Madras High Court in 2021. Having a lot of personal and familial connections in the city, it was a natural move. So far the move has proved 

    Furthermore, my wife and I felt it was a better place for our daughters to grow up in, compared to Delhi.

    You frequently represent clients at the Supreme Court of India. What are unique challenges of advocacy at the Supreme Court, and what strategies do you employ to address them?

    Practice at the Supreme Court of India is unlike practice at any other Court in India. Majority of matters filed at the Supreme Court are Special Leave Petitions (SLPs) under Article 136 of the constitution of India – about 93% according to a recent study. Since this is a completely discretionary jurisdiction, there is no certainty of the appeal being admitted.

    The judges hear about 70 SLPs on Mondays and Fridays (the two days designated for hearing fresh SLPs). The average time granted to make your case in an SLP is about 93 seconds. As counsel one is expected to start in medias res assuming the bench has looked through your petition in detail. You have to know exactly what to say, how to say and (most importantly) when to say it. Brevity is the order of the day and there is no room for any oratorical faff. 

    Another important aspect of Supreme Court practice is drafting. Clarity and Concision are essential. The importance of having a short and concise synopsis cannot be stressed enough. If you cannot state your case in one and half pages of double spaced size 14 font, you have an uphill battle. Early in my career, I used to draft long-winded synopses. I learnt the hard way that this rarely works. 

    If one reads biographies of some of India’s greatest litigation lawyers  (MC Setalvad, Palkhivala, Fali Nariman, etc) you will often find that the common thread in their advocacy is brevity – in pleadings and oral advocacy. 

    Your reputation as a Supreme Court counsel is built on the success in getting SLPs admitted. It is also the way to get a foot in the door so that longer oral submissions can be made when both parties are before the Court and the SLP or Appeal (once leave is granted) is heard at length. 

    A good way to build and protect your reputation at the Supreme Court is to never appear in or file frivolous or meritless SLPs. With adequate experience, one can make a reasonably accurate prediction of whether or not an SLP will be admitted. The SLP should either have legal merit or there should be some grave injustice which is apparent. Without either of these, filing an appeal purely at the instructions of a client is unfair to everyone involved – to the Court as it wastes precious judicial time, to yourself as you will cut a sorry figure in Court, and to your client who ends up wasting resources better spent elsewhere. 

    This can be challenging to do, especially early in your career when it can be tempting to take up every case that comes your way (been there, done that!), But over time you realise that your credibility is built not only on the cases you appear in but also those you don’t appear in. As an Advocate, your duty is not only to your client but also to the Court. Considering the heavy burden on Indian Courts, judges never appreciate their time being consumed by meritless cases. 

     As an arbitration practitioner and a member of the prestigious Chartered Institute of Arbitrators London, what are some of the major challenges in arbitration in India?

    Wiser and more experienced minds have spent much ink on the problems and challenges plaguing Indian Arbitration. Suffice it to say that we cannot continue to run arbitration like courts. We need more non-judge arbitrators.

    Another crucial point is that many businesses, particularly in smaller cities and towns, remain unaware of the advantages of arbitration. With cheaper and faster ODR options available, there are now ways to get low value disputes adjudicated in a faster and efficient manner. Furthermore, there is a need for structured training programs to equip practitioners, arbitrators, and legal professionals with specialized skills in arbitration law and practice

    Another major challenge is post award proceedings. Even though most section 34 challenges fail, the rigmarole of challenge and then enforcement makes arbitration a daunting prospect. Even though it is ultimately much faster than a civil court, post award proceedings are a dampener. 

    What advice would you offer to young lawyers aspiring to build a diverse and successful practice? What key skills, qualities, and mindset do you believe are essential for thriving in the competitive and multifaceted legal profession?

    I am still a ‘young lawyer’ by any measure! And, I am still learning how to build a diverse and successful practice. 

    That said, these are three things which I feel have really helped me in in my personal and professional life.  Firstly, cultivate a reading habit. Read widely, especially non-law books. Fiction, non-fiction, history, humour, mystery – there’s something for everyone. As lawyers, we tell stories (strictly non-fiction!), adhering to certain strict rules, but stories nevertheless. Reading greatly improves the capacity to put complex facts in a coherent manner highlighting aspects that are relevant to your case.

    Secondly, building a great network. The importance of building a good network is crucial for lawyers, especially in India where one cannot market or advertise in any way. A great way to do this is to pursue and cultivate interests outside the law – play sports, join a book club, pursue interests outside the law, take an active interest in your local community. 

    Thirdly, find a good mentor. Ideally someone who’s professional qualities you see yourself emulating. And when the opportunity arises, be a good mentor to others as well. I have had the privilege of watching and learning from some excellent mentors. Mr. Promod Nair, Senior Advocate Karnataka High Court, deserves special mention as someone who has been a good friend, mentor, and guide to me. 

    Balancing the demands of a high-pressure legal career with personal well-being is no easy task. How do you maintain a healthy work-life balance ?

    As a litigation counsel, the demands of the profession can be relentless. There are no fixed working hours, the pressure to consistently perform is high, and unlike salaried positions, there’s no guaranteed monthly income — though the expenses remain constant. This makes litigation a high-stress career, often not very kind to one’s mental and physical health. 

    It’s easy to get consumed by the profession, which is why setting clear personal and professional boundaries early in your career is so important. I firmly believe in prioritising rest, family time, and personal interests without guilt. It’s essential to create space for yourself beyond your work identity. Personally, I avoid carrying work home with me. I’d rather stay late, finish what needs to be done at the office, and keep my home a space of peace and relaxation. This helps maintain a healthy separation between professional responsibilities and personal life. 

    Additionally, taking care of one’s physical well-being is equally important. A balanced diet, regular exercise, and proper sleep aren’t luxuries — they’re necessities for surviving and thriving in this demanding profession. Over time, I’ve realised that discipline in these small, daily habits make it possible to build a sustainable, fulfilling legal career – and life. 

    Get in touch with Antony R Julian –

  • “One of the most important lessons Justice A.K. Patnaik (Retd.), taught me was don’t rush after judgments. Read the statute first and try applying the law to the facts before moving on to judgments which explain the grey areas of law.” – Gaurav Rai, Managing Associate at C&S Partners.

    “One of the most important lessons Justice A.K. Patnaik (Retd.), taught me was don’t rush after judgments. Read the statute first and try applying the law to the facts before moving on to judgments which explain the grey areas of law.” – Gaurav Rai, Managing Associate at C&S Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With nearly a decade of experience in law, what first inspired you to pursue this profession? Was it a conscious decision from the start, or did it naturally evolve over time?

    Law did not seem a natural choice for me initially. I pursued science post 10th Boards and was leaning towards a career in engineering. However, within a few months into the 11th standard, I realised I was not made for a career in science. Also, I always wanted to do something different. While I was exploring a few options, based on what was my worldview at that age, one of my close family friends chose law and that is when I tried to imagine if that is something I would enjoy. By 12th standard I knew, law was the way to go. It stunned a lot of people in a small town where engineering and medicine seemed like the only options for science students. But I had made up my mind and haven’t looked back since. 

    After completing your law degree, you went on to pursue an LL.M. in International Banking and Finance Law from University College London. What motivated you to choose this particular university, and how has your academic journey there contributed to your success in your career? Could you also share some experiences or challenges you faced during the admission process or while studying at UCL?

    Initially I had not even imagined that pursuing an LLM abroad would be one of the options I had. But my father encouraged me to seriously consider it. I was clear that I eventually wanted to pursue Litigation and Arbitration back in India. 

    Since the UK is the home to common law and a lot of Indian law has evolved from the British era, choosing to pursue my LLM in the UK became a natural choice. 

    I researched online and had discussions with a few people who had already pursued their education abroad. The general consensus was that I should look for the professor under whose guidance I would want to write my thesis rather than only selecting a college / university. At that time my interest was in International Law of Foreign Investment and Treaty arbitration. Which is why I wanted to pursue my Master’s under Dr. Martins Paparinskis whose profile was something I was drawn to. He taught both these subjects at University College London in 2015-16. 

    The experience at UCL was exhilarating. Their style of teaching taught me the discipline of self study even before the lecture begins. We had the entire curriculum for the semester in our hands even before the introductory lecture. The focus was on discussions on the topics we were already supposed to have read up on and only to clear doubts based on the preliminary reading. Of the 4 subjects I had chosen, we only had only one lecture of two hours per subject in a week, giving us ample time to read before and after the lecture. This encouraged us to think independently which was the biggest takeaway from the course. 

    One of the most important courses I took up at UCL was the Academic English Writing Course. It was open to all and was a course which would help us write our thesis. This course has had immense long term impact on my career, as it was the seed which led to my academic writing bug later on and also for establishing the Arbitration Workshop Blog. 

    Honestly, the admission process was very streamlined. But I would be remiss in saying that I did everything on my own, I was given guidance by an education consultancy service in India. They were very clear that they would only guide me through the process while I focussed on preparing my essay for the selection process. They encouraged me to dig deep and write the essay based on my life and why I was the best candidate to secure a place in the master’s programme at UCL. The actual course work at UCL was enjoyable. Since we were non-europeans, we were also given the first preference in the hostel accommodations run by the University. To some extent the only challenge I faced was preparing my own meals as I chose an accommodation which did not have a mess but had kitchens on individual floors spread between 5 flatmates. But even that became enjoyable over the course of time.  

    Following your master’s, you worked as a legal assistant to Justice A.K. Patnaik (Retd.), Former Judge of the Supreme Court of India. What were your early experiences like in that role, and how did they shape your understanding of the law? Are there any values or insights from that time that you still carry with you today?

    It was the greatest introduction I could have had in the legal profession. I was the first legal assistant he had hired since his retirement from the Supreme Court and since his foray into arbitration. The one-to-one mentorship with him was a great learning experience. I got introduced to the practical aspects of contract law during my tenure with him and that has shaped my expertise. The practice of arbitration is associated more with contract Law rather than arbitration law and the fundamental aspects of contract law that I learnt on the job helped me immensely in my academic writing. 

    He had a terrific library on domestic and international contract law which broadened my horizons. I got into the habit of reading those books during my free time. One of the most important lessons he taught me was don’t rush after judgments. Read the statute first and try applying the law to the facts before moving on to judgments which explain the grey areas of law.

    When drafting arbitration awards for construction contracts, particularly regarding issues like delays in land handover, scope changes, and termination payments, what were some of the key legal challenges you faced?

    The key issues with constructions contracts were liquidated damages clauses which capped the damages for losses that occurred due to breaches on the part of the employer, such as delay in handover of land / right of away. It created a conundrum where an employer who had hopelessly delayed in handing over of the land or was in breach of an obligation under the contract, was still not liable for the damages to the extent sought by the Contractor, as there was either an exclusion clause or a liquidated damages clause. This is an interplay between Section 73, 74 and 55 of the Contract Act read with Section 23 of the Arbitration and Conciliation Act, wherein the terms of the contract, however absurd, governed the jurisdiction of the arbitral tribunal. 

    As far as change of scope of work is concerned, the disagreement stemmed from whether something amounted to change of scope of work or was it within the original scope of work. I can recall a case wherein the contractor had intimated to the employer that as part of the original objective of constructing the road, there was certain additional work that was required to be done such as shifting of certain pipelines which were not contemplated within the original scope of work. The contractor sought for the approval, however, never received the same. But as the same was necessary to move forward with the construction, they carried out the additional work and raised invoices towards it later. The Employer however rejected the invoices as they had not been approved. In such a scenario, arbitral tribunal had to rely on principles of contract law to hold that the Employer had by its conduct approved the changes, as it never objected to the same contemporaneously, and accordingly the contractor was granted the claim towards the additional work done as part of the construction.  

    Termination payment also is a complex issue. Concession agreements provide termination payment to be made to the contractor in the event of a termination of the contract, either rightful or wrongful, the quantum however being different. Such termination payment clauses are unique to concession agreements as in the DBFOT model, the concessionaire is not just responsible for the construction but also the financing among other things. In cases of termination payment, therefore, the issue of liability becomes very highly contested. Also, the quantification of termination payment used to be very complex and used to have certain grey areas, which made the calculation itself difficult. In cases where the parties spent maximum amount of time on the liability, if the issue of quantification was left unresolved, it became a challenge for the arbitral tribunal to understand the calculation methodology under the contract. This could lead to disagreement over the calculation itself and was particularly challenging on a few occasions while drafting the arbitral award in the office of Justice A.K. Patnaik.

    Can you share some of the most difficult aspects of representing public sector insurance companies in arbitration or before the National Consumer Disputes Redressal Commission?

    While dealing with any public sector undertaking, the most crucial aspect is documentation. If contemporaneous documents are available clearly pointing out the issues / approvals etc during the project being carried out, it becomes easy to represent PSU’s. However the lack of documentation / decision making during the project approval / execution stage makes it difficult to successfully represent the PSU. Further, cases of Insurance come within the scope of Consumer Forums which are summary in nature and hence it becomes difficult to protect the interest of the Insurance Companies since the fora generally are established to protect the interests of the consumer. Insurance law is very technical and certain principles of law, such as, uberrima fides or utmost good faith are only applicable to insurance law. A perusal of various judgments and orders from the District and State fora indicate they do not truly apply these special provisions of law relating to Insurance Contracts and therefore the matter has to unfortunately be appealed to the National Commission. Even at the National Commission and Supreme Court level there is a dearth of the judgments which explain in detail the the unique principles of insurance law which should be applicable to various issues which the district and state fora can utilise and apply. This is one of the greatest challenge of defending a PSU Insurance company or any insurance company for that matter. 

    Having worked on complex arbitral awards and challenges involving patent illegality and public policy, how do you craft compelling arguments when challenging such awards, particularly when dealing with contract violations or lack of sufficient evidence?

    The challenge of arbitral awards is very tricky as the scope is extremely limited. Patent Illegality, as the term itself suggests, stipulates that the award should be illegal on the face of it and should not be just an alternate interpretation of the award. When challenging an arbitral award, the argument which is most convincing is, when the arbitral tribunal has gone beyond the contours of the contract or the law and given a conclusion so absurd that it falls foul of the reasonable man standard. It is rare to get a clear contract violation on the part of the tribunal and if there is such a case, the same falls squarely within the scope of the provisions of arbitration law for setting aside the award. 

    In some cases when the tribunal grants a particular award on the basis of equity the same becomes a valid ground to challenge the award when the parties have not permitted the tribunal to do so. In such cases it is best to stick to the point and not beat around the bush about each aspect of the award in an attempt to try all possible challenges and hoping one will stick. The more precise the argument and draft, the easier it is to convince a court of the patently illegal nature of the award. 

    The arbitral tribunal is considered the master of the evidence, and they have the power to decide the admissibility, relevancy, materiality and weight. Insufficiency of evidence therefore is not a ground for setting aside an award. This is because if there is some evidence, the tribunals are allowed to extrapolate and do intelligent guesswork basis the documents available for the merits of the claim and the quantification of the claims. It is only in cases where there is no evidence that an award made by the tribunal can be set aside. Although the Evidence Act (now the (Bhartiya Sakshya Sanhita) is not applicable to arbitration, the well known principles continue to apply. Hence when the tribunal applies some of these principles incorrectly, it gives an additional yet narrow window of opportunity to the judgment debtor to challenge the award. The crafting of the arguments in this regard therefore are on the lines that the principles of evidence which should have been applicable, have either not been applied or have been applied incorrectly. 

    The above are broadly the methods one can follow to challenge an award on the ground of violation of the contract or lack of evidence.   

    Looking back at your career, what project or initiative has been the most rewarding for you? What made it particularly significant, both professionally and personally?

    The Arbitration Workshop Blog, hands down, has to be the most rewarding project of mine. The initial idea and what it has turned into is surreal for both me and Gautam (my co-founder). The positive reviews I have received from people and the recognition it has given me in the legal circles warms my heart every time. We started the blog before the pandemic and consistently delivered through thought provoking deep dive articles, which is why I believe we have received continued patronage from our readers. It has also become a research tool as many of our hits are straight from google search. I hope we are able to carry on the same way and build it into something bigger, while remaining true to our core principles of creating a more informed arbitration bar and to always deep dive on an issue and discuss the entire jurisprudence, to make it a one stop shop for academic and practitioners alike.

    Given the demanding nature of your career, how do you maintain a healthy work-life balance? Also, how do you ensure your well-being safeguarding your personal health and happiness?

    Honestly it has been tough to maintain a work life balance. To put it bluntly, personal health does take a toll. In which case it is important to find ways to find your happiness and make sure you put efforts towards it whether it comes from work itself or from your side project. Also, finding 15 mins to 30 mins a day is only possible if you take a definitive stance that working out or eating right is most important to putting in long hours in this profession. I prefer playing table tennis in the evenings and working out in the morning at my home, so that it gives me the mental toughness of working through the day. Funnily enough, physical activity makes me more energetic. 

    Everyone needs to find their career, fitness and mental health goals and then balance it out. Because one size does not fit all. Most importantly balance does not mean that your day should be balanced. It could also be that you may have 3 hectic days. It is then important to take light on the 4th day and have the regular balanced days thereafter. The above scenario should not be considered as break in the routine, but rather a vehicle moving full speed ahead, which has gone a little off track, post which you take control and steer it back to the centre. 

    What advice would you give to aspiring lawyers who want to make an impact across diverse areas of law, as you have? Are there any resources or strategies you would recommend for staying up-to-date in the constantly evolving legal field?

    My go to practice is reading judgments straight from High Court websites. I track the roster which is currently deciding the matters which are of interest to me and accordingly, read judgments written by them. I start from the bottom so that I know what the court has decided and thereafter read from the top if it is of some interest to me. This has kept me in good stead over the years as I have maintained a digital notebook of these judgments and thereafter used it as a personal repository to research whenever I am faced with an issue of contract law or arbitration. The judgments also give me ideas to write something on a grey area of law which fuelled my writing career. There is no substitute to reading the original judgment, as articles generally are an interpretation of the judgment by the author of the article. The above practice also helps in increasing the speed of reading judgments and to give us a certain comfort while reading judgments. I am sure this practice will help any young professional aiming to improve their professional standing.

    Get in touch with Gaurav Rai –

  • Nikhil Patel, LL.M. from University College of London, on being a Senior Legal Counsel for DSM Sinochem Pharmaceuticals

    Nikhil Patel, LL.M. from University College of London, on being a Senior Legal Counsel for DSM Sinochem Pharmaceuticals

    Nikhil Patel graduated from Symbiosis Law School, Pune in 2010. He has worked with business teams, as a legal expert, in multiple jurisdictions, including India, Malaysia, South Africa on a variety of corporate and commercial issues. He has also managed litigation in civil, criminal and labour related matters in both India and South Africa.

    Recently, he moved from being the Chief Legal Officer of Cipla Medpro in Cape Town, South Africa to Senior Legal Counsel for DSM Sinochem Pharmaceuticals in the Hague, The Netherlands. He has an LL.M. in Corporate and Commercial Law from the University of London and currently pursuing M.B.A. from the University of Warwick, both through distance learning courses.

    In this interview he talks to us about:

    • Biggest hurdles in the early days of his career.
    • Role of an in house/general counsel in India.
    • Advise for law students on maintaining a good academic profile.
    • What recruiters look for in law graduates.

     

    How would you like to introduce yourself to our readers?

    I’m a 2010 graduate of Symbiosis Law School, Pune. I’ve worked with Suzlon, Biocon and Himatsingka in the past, and recently moved from being the Chief Legal Officer of Cipla Medpro in Cape Town, South Africa to Senior Legal Counsel for DSM Sinochem Pharmaceuticals in the Hague, The Netherlands. I have an LL.M. in Corporate and Commercial Law from the University of London and am currently pursuing my M.B.A. from the University of Warwick, both through distance learning courses.

     

    What motivated you to pursue this field?

    I knew I wanted to be a lawyer from a relatively young age, although it was the allure of litigating in court at that point. This quickly changed during my time at college, where I found the intersection between business and law, particularly contract negotiation and creative problem solving, were much more attractive to me. This was particularly evident during my internships, since I enjoyed the in-house internships the most.

     

    What do you think were the biggest hurdles and challenges in the early days of your career? How did you deal with them?

    The biggest hurdle for me was about Law school is great for giving you theoretical knowledge, however it doesn’t prepare you very well for the practical side of being an in-house counsel. This meant a lot of late nights working on drafting styles, negotiation tactics and strategies and most importantly a superior that is willing to invest in training you, which is especially difficult in a typically underfunded and understaffed support team. I can’t stress enough on how important it is to find people in positions above you that are willing to spend time giving you context, exposure and knowledge.

    Practical legal training aside, there were some skills that I needed to learn (and/or bad habits that I needed to unlearn) like empathetic listening, a risk evaluation and mitigation approach rather than risk avoidance and having a thorough knowledge of the business behind the legal agreements I was negotiating.

     

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    What did your work profile at Cipla Medpro consist of and what do you now do at DSM Sinochem? What is the role of an in house/general counsel in India?

    My profile at Cipla Medpro included contract drafting and negotiation, litigation strategy and settlements, labour law, strategic advisory and transactional structuring, competition advice, corporate restructuring, compliance and a little IPR with a strong focus on the pharmaceutical sector in South Africa. The pharmaceutical focus continues at DSM Sinochem, though as a global role rather than limited to a particular geographical area.

    The in-house counsel is first and foremost a generalist. This means that you tend to do a little bit of everything and are expected to have knowledge (a working knowledge, at minimum) of everything. This means that you have to spend a lot of your time being up-to-date on not only the latest business updates of the industry sector, but also on legal updates pertinent to that sector. You play a vital role in the on-going business of your company – through contracts up and down the supply chain – as well as the future of the company by giving input on the strategic direction and advising on risk management and mitigation. Particularly with the rise in costs of external counsel (and reducing legal team budgets), companies are giving more and more responsibility to their in-house counsels, making the role more dynamic and exciting.

     

    What advice do you have for law students on maintaining a good academic profile?

    A good academic profile gives you a ‘foot in the door’. After that, it is up to you to make a great impression in the interview and ensure that you work hard to learn and add value to the place that you work. Of course it always helps that a good academic profile should indicate that your knowledge base is sound.

     

    What do recruiters look for in the current crop of law graduates?

    If you are a law graduate fresh out of college most recruiters will test your basic knowledge to ensure that you understand the fundamentals of the law. However, by far the most important aspect, at least from my experience, is attitude and ability. One of my previous superiors once commented while we were interviewing to fill a legal position that everything but attitude and ability can be taught and that those were often the hardest to find.

     

    When and how did you decide to pursue masters? Was it a professional requirement or an endeavor out of academic interests?

    I pursued my LL.M. simply because at the time I was working on a large number of agreements that were international and I wasn’t sure that I knew everything that I needed to know while I was drafting them. While it was difficult to manage my obligations and my studies, the LL.M. was fantastic in my opinion. It focused on teaching me how to apply the legal principals I was learning, and since I was working while I was studying the LL.M., I was able to put this into practice immediately.

    More recently I realised that if I wanted to grow further in the corporate world, purely legal knowledge is insufficient and that you also need an understanding of how HR, Finance, Marketing, Strategy and the other functions within a company operate. This realisation, coupled with the great experience of the distance learning LL.M. led me to begin the Distance Learning M.B.A. from Warwick Business School.

     

    What would be your advice to our budding lawyers?

    My advice would be, once you have decided that you want to practice law (whether in-house, at a law firm or as a litigator), make sure it is something that you truly enjoy doing. You’ll find that makes all the difference in whether you excel at it.