Super Lawyer

Tag: Woman

  • “Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership”- Archana Mishra Kaul, Founder, Vicis Corpus Juris

    “Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership”- Archana Mishra Kaul, Founder, Vicis Corpus Juris

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you share the story of how you embarked on your career in law? What initially drew you to corporate commercial law, litigation, and alternate dispute resolution?

    The prompt cause of getting into the legal profession is associated with my father who drew my attention towards this profession in my childhood. While I was growing up I witnessed my father working hard while being always surrounded by his clients and juniors, studying case files, researching All India Reporter, and giving dictation to his typist of cases till late at night. I think those were the facts that played a pivotal role in developing my deep interest in the legal profession.

    Immediately, after completing my law from Banaras Hindu University, I started practicing Criminal law before the Hon’ble High Court of Allahabad, at Allahabad Bench, and with the grace of God and my mother’s well wishes I soon presented my very first case and secured the desired order in the form of Direction given by the Hon’ble High Court of Allahabad which boosted my confidence as a lawyer and the journey never stopped after that. While I was practicing in Allahabad High Court, I had opportunities to handle a few corporate matters before the Apex Court which made me realize that I needed to explore my practice to other aspects of law which led me to practice in various Delhi Courts where I explored my practice into the Corporate side of law and matters related to Dispute Resolution since these are new in demand in our industry and becoming primary option of corporates. 

    Your profile reflects an extensive background in various legal domains, from real estate litigation to corporate litigation at the Supreme Court. How did you navigate these diverse areas, and what motivated you to explore such a wide range of legal practices?

    What best worked for me as motivation, is my willingness to learn which I have had from my childhood and I still have so much to learn and I am quite sure that learning will take me to a whole new level of my practice. The pursuit of learning and exploring different aspects of the law have kept me open to the matters of other different dimensions in my law practice where I could deal with the various nature of work including corporate matters such as finalizing Tender with government bodies including RFP/RFQ, LOI, Agreement assimilation, Criminal, Civil, RERA, Consumer matters, matrimonial cases, matter of NDPS, ARMS Act, Environmental issues and especially my Pro Bono works for the Labours. 

    With a core expertise in winning cases for your clients, can you highlight a specific instance or case that you consider a significant achievement in your career so far?

    There have been multiple significant cases that I consider as achievements in my career so far in the duration of the last 10 years, however, I would like to share one of my experiences which has been a milestone case for me till present. I once had the chance to represent a husband who was a victim of false charges under section 308 of IPC and was not able to get released on bail for a long time. Wherein I had the opportunity to Argue before the Hon’ble High Court, extensively based on the medical report of the informant elaborating Medical Jurisprudence related to the Court, and successfully secured the release of my client from jail by filing 3rd Bail Application. Another enthralling experience in the journey of my law practice so far has been pro bono cases that I have been doing across the country for construction laborers whose daily wages are illegally kept by their contractors and sometimes by their principal employer. 

    Balancing legal management, risk analysis, and project delivery across the country is no small feat. How do you manage such a diverse set of responsibilities, especially when it comes to litigation and arbitration for the company?

    I have been blessed with Balancing different dimensions of work with the help of my team in different roles and liabilities as per the requirement of the client. Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership. I would say, more than an individual, it is always a collective skill of my team who channelize their expertise and capabilities into their assigned task of legal management and risk analysis of various projects. 

    Reflecting on your journey from the Bar Council enrollment to your current role, how has your education, including LLB from Banaras Hindu University, contributed to your professional growth?

    A lawyer’s journey from the Bar Council Enrollment is always a roller coaster and mine as well is no different as it’s been more than a decade that has passed in this journey which has given me millions of experiences, be it better or worse, complex or simple, all it does is adds up value to my profession as more and more I polish myself into this profession. I still remember being a second-generation lawyer. I started practicing law with nothing in my hand and I kept struggling relentlessly for cases but I made it all meaningful when I got my first case. Even at present, I feel bound to give my best ever effort to every single case I represent before the Court. I would say most lawyers would actually agree when I say that what we study as law students in Law Schools is completely different from what we experience in reality but what remains embedded and enclosed to us during our entire professional journey is the spirit of being a lawyer that has brought us to this journey.    

    Throughout your career, you’ve worked on diverse cases, including real estate litigation and criminal matters. Can you share a challenging experience that provided valuable lessons and shaped your approach as a lawyer?

    In a decade’s journey of practicing law, I would say a few cases were challenging to the level that completely impacted my perspective. I had the opportunity to witness the remarkable change in the Consumer Protection Act while experiencing massive real estate exposure with cases against the Supertech Builders which started from NCDRC with only one client as a home buyer and ended up with a huge bulk of them against the builder before the Hon’ble Supreme Court leading the landmark judgment against Supertech.  

    Another challenging experience I would say was a pro-bono case when I was approached by a poor laborer for a matter of recovery of his daily wages that were maliciously kept on hold by the Contractor. I took on his case but later on, I started receiving requests from a massive group of laborers for the same issue which made me act on their behalf against not only one big-shot company but a lot of reputed construction companies which were beyond my expectation. Then I realized that the labor class needs representation before big companies for their grievances to get resolved by someone prudent at the ground level because not everyone can gather the courage to file a case before the court and contest it. As a lawyer, I deeply felt it is a big challenge for our fraternity to contribute our service to those classes who are important parts of our society and building our houses but are unable to feed their own family because of lack of knowledge and forced hunger on them.  

    Drawing from your experiences, what advice would you like to give to fresh law graduates aspiring to build successful careers in law, considering the diverse landscape of legal practice and the dynamic nature of the profession?

    Considering the diverse landscape of my legal practice, the only advice I would pass on to the fresh law graduates is that along with building their careers in the legal fraternity they must build up their personalities which reflect their smart work and prudency of the legal knowledge along with its better usage in the society. 

    Get in touch with Archana Mishra Kaul-

  • With technological advancement, the access to justice and quality education is more probable now then ever- Dr. Charu Mathur, Independent Counsel, Supreme Court of India

    With technological advancement, the access to justice and quality education is more probable now then ever- Dr. Charu Mathur, Independent Counsel, Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Ma’am,  please introduce yourself to our listeners and provide an overview of your current role as an Advocate-on-Record at the Supreme Court of India?

    Hi! I’m a mom, wife, daughter, sister and also a lawyer and a lifelong learner. I’m deeply privileged to practice as an Advocate-on-Record before the Supreme Court. AORs as original envisioned have a deep role in efficient functioning of the apex court. An AOR is personally responsible to the court; there’s reason why close proximity to Supreme Court complex is provided in SC Rules. The idea is an AOR must be available to assist the court. Since the inception we have around 3000 lawyers who became AOR. The year I cleared my AOR Exams, some 20-25 people made the cut. Earlier only 3 or 4 people could clear AOR Examination. I’m particularly not happy that since past few years over 250 people are made AORs. It is good that so many people are able to clear the examinations but then it also speaks volume about the quality of assessment and nature of question paper set. It is actually disheartening to see that some of the speakers who conduct the lecture series on behalf of SCBA/SCAORA actually give out complete paper. This to me lowers the sanctity of examinations.

    Coming back to my own journey, I come from a family of lawyers and some of them were elevated as judges as well. I did my LLB from LA Shah Law College, Ahmedabad. Right from my student days I worked under my senior Sh SN Shelat, Sr Adv and former AG of Gujarat. In my entire professional life, I have just one enduring motive that whatever I do or not do should bring glory to my senior- Sh SN Shelat and my father Justice NN Mathur; I pray that even accidently I should not do something that blemishes their fair name.

    Post marriage I moved to Delhi. My husband is a fellow AOR and represent few States before the Hon’ble High Court. He has also penned a book on GST, one of the earliest. I’m particularly proud of that. His book explains conceptual GST soundly. He is a man of few words but probably the sharpest person I have come across.

    You have an impressive academic journey with degrees in law, business laws, and even a Ph.D. in Legal Aspects of Pharmaceutical Patents. How did you find your way into the field of law and what motivated you to pursue such a diverse range of qualifications?

    I think the answer to this lies in my gender and role attributed by the society. As long as I can remember, I always wanted to be a lawyer. Constitution of India is my only sacred book. My mother retired as a Professor from Jai Narain Vyas University, Jodhpur. So, I believe I have received some academically genes from her. As for my PhD and even AOR examinations I cleared while being a young mother. I absolutely believe in spending quality as well as quantity time with family. For me spending time with my son, reading to him was very important. I have read him many books multiple times. So, yes, at one point of time in my life reading to him and searching for books for him was my number one priority. I’m glad that our initial efforts turned him into a lifelong reader. He was judging MUNs at St Stephen’s and Hindu while he himself was a school kid. He did us proud by securing place to read Undergraduate law at Trinity College, University of Cambridge and topping the University in the 1st year. As for my own academic journey, I could devote time because I was master of my own time. I was privileged that as I was working with my husband I could decide on my own working hours and even choosing what I will work on what I will not. Saying all that, I do miss the fact that I could have advanced my litigation professional profile at better speed but it was the choice I made, so that it is.

    With over 20 years of experience as a practicing lawyer before the Hon’ble Supreme Court, you’ve handled a wide range of legal matters. Could you share some highlights or cases that have been particularly memorable or impactful in your career?

    Some of the memorable cases I can rattle is- my 1st appearance before the Supreme Court. It was a bail matter. My SLP was dismissed but not before the judge (Justice Rajender Babu) narrated the story of Bruce, the spider- try try again until you succeed.

    I remember arguing murder reference of Purshottam Dashrath Borate before the three judges bench headed by the Chief Justice. One case which I particularly remember was fighting for an old father against her daughter. I could secure win for the father. It was emotionally charged matter. We have been doing medical entrance examination matters fairly regularly. We have seen pre and post NEET era. We have got relief in many of these matters. However, seeing these matters closely, I really question our medical education. Just like AOR exams the bar is getting lower and lower. I do educational matters also. I’m counsel for some of universities as well. I’m happy that relying upon an earlier judgement (where I was part) in a subsequent Writ under Article 32 could change the way seats are allocated in PG AIIMS.

    You’ve also been involved in advisory work for various corporates and organizations. Could you elaborate on your role in providing legal counsel to corporate clients and startups?

    I’m fortunate to get the diverse work. I believe, startups need hand holding. Legal issues are complex and to navigate this maze they need some guidance. Sometimes only discussing the point help them see the point with greater clarity. I do help them on transaction side as well as in drafting and vetting agreements, and even in arraying partners for them.

    Your list of appearances before different high courts and your engagements as a speaker on various legal topics are extensive. Could you tell us about your motivations behind sharing your expertise through speaking engagements and publications?

    I have started taking out station matters. I derive great satisfaction by arguing before various High Court. Recently, we could persuade a High Court to quash demand notice worth Rs 12 Crores, in another High Court could persuade the court that the fault was not of the tax official but the assessee and could get notice issued against his discharged. Likewise in Delhi High Court could persuade the court for relief in arbitration matter.

    As for speaking engagement, I enjoy interacting with young law students and absorb their worldview.

    You’ve also been involved in e-learning content development and have written books on legal topics. Could you elaborate on your experience in creating educational content and how it helps in disseminating legal knowledge?

    Legal education is something close to my heart. With technological advancement, the access to justice and quality education is more probable now then ever. As a continuous lifelong learner, this is my way of giving back to society. 

    Lastly, what advice would you give to fresh law graduates who are just entering the legal profession? Are there any key lessons you’ve learned that you believe would be beneficial for them to know?

    Like each successive generation, this generation is far smarter than the previous one. It has more resources at its disposal. However, there is no substitute for in-depth understanding, reading and introspection. You must have sometime to reflect, assimilate knowledge. We are not machines who keep on downloading information, idea is to read and reflect. In my opinion, running around for internships is meaningless. First, have conceptual clarity, read case laws, read provisions. Now, with live streaming you can witness finest oral advocacy. 

    Get in touch with Dr. Charu Mathur-

  • Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law- Suhrita Majumdar, Partner at S. MAJUMDAR & CO. , Patent & Trademark Attorneys

    Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law- Suhrita Majumdar, Partner at S. MAJUMDAR & CO. , Patent & Trademark Attorneys

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Could you share with us the journey of how you ended up pursuing a career in law and specifically in the field of Intellectual Property Rights (IPR)?

    Since childhood I aspired to become a lawyer. If I remember correctly, around the age of 14 or 15, I thought it would be most exciting to take up criminal law. Courtesy movies! However, as time progressed, I started taking interest in what my Father did. Having been in the practice of core IPR, my Father, Mr. S Majumdar, set up his firm in Kolkata, under the banner of S Majumdar & Co. at a young age.  

    Upon completion of my academics and trainings, I joined the firm in 2008 at the Head Office in Kolkata. Initially I focused on trade marks and had the liberty to expand the team, with his unwavering support. In 2011, I shifted to New Delhi to manage operations of the newly setup branch office. Since then, I have been based in New Delhi, with frequent work trips to other offices at Kolkata and Mumbai.

    Joining S. Majumdar & Co. in 2008, could you tell us about the initial challenges you faced ?

    Challenges are constant and manifold and as a professional, one has to be open to such challenges. In our practice, soon upon joining, I realised that to become a part of the team, I had to be more patient, perhaps because I was required to hear more and make my notes. Complying with internal deadlines was mandatory and it is still so. Therefore, I had to ensure that I complied with the various timelines set for each activity (including meetings, deadlines, other deliverables, or even casual lunch time chats).

    But I have realised that it is the initial challenges and how you deal with them which are critical to mould one’s outlook and also equip one to handle further challenges which come with additional responsibility entrusted to you by the firm or the client.

    Additionally, the field of IPR, especially litigation in IPR, has its own unique challenges.

    With over 15 years of experience in the field of law, could you share some interesting or memorable cases or clients that you’ve worked with?

    I take special interest in suits involving civil/criminal raids and each of them become memorable ones. Nevertheless, I can certainly not miss out on mentioning some of the worthy ones.

    Around 2009, I was fortunate to have had the opportunity to assist Mr. Majumdar in the first the then Intellectual Property Appellate Board (IPAB) case relating to staying operation of a patent. This was a dual sim mobile case, before the Customs Office, Delhi and the IPAB. In this case, the patentee managed to obtain a frivolous patent in respect of a multiple sim mobile phone. Basis such patent, he approached the Customs office for confiscating all dual sim mobile sets being imported to India by the leading mobile phone manufacturers. Consequently, all such manufacturers had to wait for a decision from the appropriate forum to ensure that such goods could be released and launched in the Indian market. The Indian Cellular Association (ICA) was actively involved in trying to provide relief to all these leading mobile manufacturers.

    Back in 2010, I was fortunate to be a part of the first GI litigation in India, concerning Darjeeling tea. The said litigation was initiated by the Tea Board of India against ITC Limited on the basis of their registered GIs including Darjeeling. The matter went on for years and was eventually decided in ITC’s favour. At the SLP stage, the Supreme Court did not get into the merits of the case and the matter was disposed of, with certain directions to the High Court.  In fact, the matter was to be decided by the Suit Court (in Calcutta) on the question of law of GI and Certification Trade Mark only, without going into a lengthy trial and examination of documents/ witnesses. The Judgement was pronounced orally by the Hon’ble Justice Sahidullah Munshi on February 2, 2018, dismissing the suit, and the lawsuit was decided in favour of ITC. The Court reiterated the findings of the interlocutory Court. The Court found that the Plaintiff’s registered GI and Certification trademarks are restricted to tea and the protection afforded by the same cannot extend to lounge services. The Court further observed that Tea Board had failed to establish a case of passing, dilution or unfair competition. The Court specifically held that Darjeeling being the name of a place cannot function as a regular trademark, and though Darjeeling may be famous for tea, Tea Board is not entitled to allege that Darjeeling cannot be used by any other traders for their own goods and services for goods/ services, other than tea.

    Referring to a couple of the recent decisions, in 2020, I was involved in a copyright infringement case concerning A Sirkar Vs B Sirkar, which was instituted before the Commercial Court, Alipore, Kolkata where about 7 jewelleries were copied in toto by the Defendants. We received favourable orders at all levels and eventually the suit was settled. This case was quite unique and interesting.   

    In another infringement case, before the Federal Court of Canada, through the local Counsels, we were successful in an infringement suit concerning the well-known trade mark AMUL. Amul was awarded damages of $10,000 for actions contrary to the Trademarks Act, $5000 for actions contrary to the Copyright Act and awarded costs of US$ 17,733, payable by the Defendants.  

    As an active participant in IPR awareness programs organized by various institutes in India, could you share some insights into the importance of raising awareness about intellectual property rights, especially in today’s digital age?

    Raising awareness has always been important considering that IPR is a powerful tool that stimulates innovation and creativity leading to economic development. It is essential that we are conscious of the efforts taken at the stage of innovation and creation, by this I mean is that before any IP is created, one has to ensure that there is no encroachment into the rights of a third party, especially in the digital age where we have access to a lot more content than before. Therefore, on the one hand, it is easy to copy and on the other, it is easy not to copy. For these reasons, awareness is important, especially amongst the younger innovators/creators, irrespective of the domain. Such discussions are always helpful, infact, in the process, we also get to learn so many new things happening around us.

    In fact, under the current regime, IPR is of very high importance, and we see a lot more happening in terms of spreading awareness, at all levels.      

    The field of law, particularly IPR, is constantly evolving. How do you stay up-to-date with the latest developments and trends in the industry to provide the best advice to your clients?

    Yes, considering that IPR is constantly evolving, it is important that we are updated with the latest decisions being passed by the various fora and follow various discussions on relevant platforms. Interacting with clients, attending various conferences, including global conferences, are important to help keep one updated with development and trends in the industry as well as the global scenario with respect to IPR. One after all needs to ensure they are able to keep pace with the rapid technological developments and in that context advise clients on the securing and enforcing of IPR.

    Recently, on August 5, SILF marked a significant milestone with the virtual inauguration of the SILF ladies group on the occasion of Lady Lawyers Day event. What is the scope of women lawyers in the profession?

    Recollecting words of Late Ruth Bader Ginsburg, “women belong in all places where decisions are being made. It shouldn’t be that women are the exception”.  

    Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law. Always remember, gender shouldn’t be a bar at any point in time considering that we have the same ability to deliver. In any case, irrespective of gender, the profession demands perseverance.

    I personally look up to some of the eminent lady Judges and lawyers who have greatly contributed to the profession. I also admire some in-house counsels I have personally worked with, who have been significantly contributing to the growth of the companies with their acumen.

    Referring to eminent personalities in the world of IP, Hon’ble Mrs. Justice Prabha Sridevan (Retd) and our current Hon’ble Mrs. Justice Pratibha Singh are great inspirations.  

    Hon’ble Mrs. Justice Prabha Sridevan (Retd) delivered some pathbreaking judgments during her tenure as the Chairman of the then IPAB.

    Hon’ble Mrs. Justice Pratibha Singh, with her extensive experience in IPR, has shown exemplary dedication in her judicial responsibilities. I am sure all IP practitioners acknowledge her untiring contributions to the creation of the IPD in Delhi High Court.

    Lastly, with your extensive experience and success in the legal profession, what advice would you like to give to fresh law graduates who are considering a career in IPR?

    IPR is vast and therefore, there are several opportunities available for law graduates. In fact, after having completed the IP course at the law school, one should consider IP internships to gather experience and also to see if the subject suits. Subsequently, one may choose a career in between Court and in-house practice.  

    Get in touch with Suhrita Majumdar-

  • By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel-Dr. Aparrajitha Ariyadasa, Senior Partner, ATD Legal Associates

    By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel-Dr. Aparrajitha Ariyadasa, Senior Partner, ATD Legal Associates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Dr. Aparrajitha Ariyadasa, what was the motivating factor in your life that pushed you to pursue law?

    I have a family reason because my role model the father was an interdisciplinary person who was a lawyer as well as a lecturer. He inspired me to be an interdisciplinary personalty if I wanted to be socially and financially stable. I saw the luxuries of my father and from the childhood, I wanted to become a law scientist. Therefore after my Advanced Level, I joined the science faculty and simultaneously, I joined law college and became a lawyer and a science graduate at the same time. Now I enjoy all the luxuries what my father wanted me to have because of my profession.

    What aspect of your profession makes you beam with pride on a day-to-day basis?

    By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel. Due to that appreciation, you get a lot of motivation about the profession. As a woman specifically in a male dominated society when you become, he spotlight, it will generate you confident and sometimes over confident., appreciation, motivation, and productivity. On top of that, when you walk in a society, a lady lawyer is highly recognised socially and politically. Being a reputed lawyer will lead you to get social invitations of different societies, social events and gain lot of respect from the society as a credible and a n honourable person.

    You have touched on various areas of law in your practice, Intellectual Property, Immigration Law, Competition Law, Criminal Justice etc. Which area of practice is the most preferred by you?

    I adore Intellectual Property Law and cyber law due to the very reason that both of them are inter disciplinary law subjects which involves together with Science and IT which are my other specialized subjects in my other degrees.

     Can you tell us your experience of getting through your obstacles and setting up ATD legal Associates?

    I TOOK MY OATHS AS A LAWYER IB 2000 AND THEN I JOINED TWO MULTI NATIONAL COMPANIES AND a government organization. I ended up as a Director legal in 2008, due to the very reason my husband was pressurizing me to resign as my daughter needs to be taken to school. With this conventional attitude, I had to find my way making everyone happy. I WANTED TO BALANCE MY FAMILY and the work. I had a decent amount of capital with me and therefore, I did not want to waste my time as a housewife. No sooner had I resigned, I planned to start a law firm and rented an apartment and collected the equipment needed. I was lucky that I had only one apprentice and I took the first step to my firm. I could manage my work and the family because I was my own boss. I expanded the employees and my legal services as I had exposure to multinational companies. At last, during the covid, I could link my firm to a number of countries. My main obstacle was my conventional husband and his grumbling about a working wife who gets late home which I could manage due to my patience. Second obstacle was that the anti-feminist discourses in the country. Men did not want to retain a lady lawyer for their cases. To prevent that, I partnered a male attorney for marketing and networking, and I was in the operation. Once the first consultation was done, male clients were highly impressed and with the time, the anti-feminist attitude in males were eliminated. By now its been 21 years of my practice by now and I do not face any problem of discrimination.

    How important do you think, protecting data privacy and taking appropriate actions pertaining to cyber security are for start-up companies?

    Data privacy of startups safeguards information from loss through backup and recovery. Data security needs specifically to measures taken to protect the integrity of the data itself against manipulation and malware. It provides defence from internal and external threats. Data privacy refers to controlling access to the data in startups.

    How in your opinion have IPR laws developed and transitioned over the years in Asia?

    Yes. But the management should be streamlined. Training should be given to Patent agents. Patent drafting and registrations need more experts.

    Being a full-time lawyer and also giving your valuable time as a visiting lecturer, how do you manage to achieve a perfect equilibrium when it comes to work-life balance?

    I am my own boss. I manage my flexible times without disturbing kids and the family I play by the ear.

     Having extensive work experience across several countries in Asia, how do you think budding law graduates can pursue an international career in Law?

    They have massive opportunities if they specialize several areas such as IP, Cyber Law and data privacy.

    As the Senior Partner of ATD Legal Associates can you tell our curious readers how an average work day would be at your firm?

    8 hours

    What are the qualities you would look for in interns and new job applicants if they should apply to work at ATD Legal Associates?

    Preciseness, self-motivated, research oriented and punctuality

    What would be your words of advice for young lawyers who aim to set a career in corporate law?

    Know your law. Learn your law, further learn it until you die.

  • With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases- Kanika Bhardwaj, Founder of Kanika Bhardwaj Law firm

    With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases- Kanika Bhardwaj, Founder of Kanika Bhardwaj Law firm

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how you ended up becoming a lawyer? What drew you to the field of law and motivated you to establish Kanika Bhardwaj Law Firm?

    My journey till date has been full of ups and downs. There were several issues from time to time. Being a first generation lawyer, I have started from scratch. There was a lack of resources, there was no office ( I used to keep my files in my car and used to meet clients at canteen or CCD.) But I must say consistency is the key and then obviously one must be passionate and love what they do. If you are not passionate about this profession, I can bet you will eventually quit. So step in this profession only if you are passionate about it. 

    I always wanted to be a lawyer. So this was fixed.  It is not the case of mine where I landed up in court with the flow. I knew this place was for me and I must get in. 

    Moreover the idea of establishing a Law Firm was there in my mind since 5th year of mine because to be honest, I did almost 12-15 internships during my college days. I knew everything in and out about the courts and I understood that litigation can only be successful if you have clients on table. If there are no clients, no cases, no matter how good you are, your practice will be considered as “FAIL”. So I started moving towards my goal of establishing a law firm and bringing clients to the table since the day one I got my Certificate of practice. 

    Kanika Bhardwaj Law Firm has been providing legal services in both litigation and the corporate sector. Could you elaborate on the types of cases, matters, disputes, and legal compliance that your firm handles on behalf of clients?

    We are dealing in hard core litigation in criminal, civil, family (matrimonial) cases. 

    We also handle matters in the High court & Supreme court of India which includes appeals, writs, SLP’s, Statutory appeals, Transfer petitions etc.

    Plus we are on panel of companies and start-ups (national & international) and handling their legal department which includes contract/ agreement drafting, legal support in meetings, all sort of legal documentation, handling employer-employee issues, arbitration support, Data protection support and alongwith this we also as “Out-House Counsel” for  these companies who choose us to be on their panel or get associated with us.

    How do you develop innovative legal strategies for your clients to ensure they are always a step ahead in each case, matter, or dispute? Can you provide an example of a successful strategy you implemented?

    Every case is different just like every body and mind is different. So legal strategy always depends upon the facts of a case and also depends upon what relief does a client want. When you are in defense, you have to find loopholes in law and process, when you are for complainant or petitioner you have to make sure that a single loophole is not left. So the strategy keeps changing depending upon case to case. 

    Moreover I make sure that my clients update me with each and every information and detail of the case so that I can make a winning strategy. At times the clients also give incomplete facts or they hide some crucial part of the facts. So the first thing I do is to make the client comfortable and take out every detail of the story that I need to know for the trial.

    Second thing I usually do is to know about the opponents. It’s a saying that you win half of the battle if you know your opponent. 

    Then I come on the laws and procedures and then finally I support my case with judgements/ precedents. 

    I also make sure to go through the facts of the case again and again for the pleadings and trial. Also I focus very much on the drafting part. Drafting is very important. I have seen some lawyers randomly draft a case through a stereotyped draft. This is wrong practice. 

    Drafting should be done carefully as the draft of the case is the foundation of the entire case. Whatever you have drafted, you cannot contradict or change the same till the Supreme Court of India. So draft carefully and take proper time in the drafting part. 

    So this is how I go but again there are several stages in between which again depends upon the facts of a case and relief that client wants. 

    To make sure that my client is one step ahead, I always keep advising my client from time to time what steps he has to take, what all evidence he has to arrange, what things he should do and shouldn’t do during the trial. At cross-examination, I make sure my client reads every detail of the file and I tell him how to answer while he is being examined. I stay connected with the client and keep him one step ahead.

    Your firm strives for legal excellence while appreciating the commercial environment in which your clients operate. How do you strike a balance between personal approach and high professional standards in delivering comprehensive legal services to your clients?

    I believe that a lawyer should not develop any personal sort of relationship with the clients. It should always be professional which makes it easier for a lawyer to work and clients also respect the same. If one develops a personal bond with the clients, the client will not take the lawyer and his instructions seriously after one point of time. A client should always have a professional picture of a lawyer in his mind. Personal approach should only be limited to an extent if a client wishes to express his emotional side in regard to his case or general/ basic information about any relevant issue.

    Could you share some insights into the team at Kanika Bhardwaj Law Firm? How does the management and operations function within the firm, and what role do you as a founder of the firm play in the decision-making?

    So we have 3 juniors as of now, one office boy, one clerk and 5-6 interns which keeps changing. Whenever we get a fresh case, the juniors do the drafting, share it with me, I finalize the draft. Meanwhile the juniors do the research work, find relevant judgments on the same. Clerk is responsible for all the fillings in the court, getting the orders, keeping a record of cases and maintaining the files and other clerical work.

    We do have a team for legal drafting too. But the final draft of the case or any legal document is always finalized by me personally. 

    Kanika Bhardwaj Law Firm handles a wide range of practice areas, including civil litigation, labor law, arbitration, corporate law, intellectual property rights, and more. How does your firm ensure expertise in such diverse areas, and what is your approach to handling different types of cases?

    With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases. 

    The stages in all these cases are almost the same. Every Act follows the process of CPC or CrPC. And one should also thoroughly know the Evidence Act.  The exception if any and the way of challenge, appeal of an order, the jurisdiction etc. is given in the Act itself. So if you read, everything is there in the Act itself. One just has to follow it. It is not rocket science. 

    According to me a lawyer should know everything, learn everything and do everything until he comes to a level where he can earn in Lacs for 1 hearing.

    I always aimed to provide services in diverse areas, I never wanted to restrict myself in a particular field. A lawyer should have knowledge of everything. 

    Also the expertise comes from experience. The more and different cases you will do, the more experience and expertise you will have. It is a simple funda. 

    Plus, it is very important to have the right kind of networking with seniors and other important people. At times there can be a situation where you are stuck, so one must have the right connections who can help you out in such situations. We make sure that we have the resources, networking, knowledge, expertise and skills to manage different cases. But all this is not built in a day. It cannot happen in a few days or months. It took 10 years to come this far and maybe it will take a few more years to reach a certain level where I have always dreamt of.

    In addition to handling cases in various courts and tribunals, your firm also offers retainership and contract-based legal services. Could you explain how these arrangements work and how your firm maintains effective communication and updates with clients?

    The empanelment of law firms or lawyers in government and private companies is common. We act as an “out house counsel” for several companies (both nationally and internationally) and handle their internal and external legal matters and drafting of their documents e.g. contracts, agreements, NDA’s, Legal notices, arbitration support plus we handle their litigation in court. We also provide the companies and start-ups legal advice they need from time to time. 

    For all internal issues, drafting of legal documents, legal consultation, IPR and data protection related issues we charge a monthly retainership amount depending upon the work burden of a company or start-up. And in case there is any litigation, we charge extra for court cases and the fees are pre-decided. So this is how it goes. 

    Initially the issue or drafting comes to juniors, they give me a basic draft, and then I finalize it.  The court hearings are attended by me personally. 

    All the communication is via mail and virtually via zoom or google meet. If required our office is always open on working days and working hours for in-person meetings. 

    The legal landscape is constantly evolving. How do you stay updated with local and international legal developments that may affect the interests of your clients? How does your firm adapt its strategies to incorporate these changes?

    We all stay updated with the latest judgements and rules.  Nowadays several websites online keep us updated on latest judgements, rules and amendments. Several webinars are being arranged. In fact, lawsikho is one such website that helps us stay updated. 

    For judgments we have SCC and Manupatra access plus we have access to several other newsletters.

    The scenario has now changed a lot. With the digitalization in the legal profession, it is very easy now to stay updated with national and international laws. 

    Also we keep ourselves updated from international bar associations and their pages plus we are also connected to lawyers and researchers who are working in relevant fields internationally if we want to know any specific law/ rules or guidelines. 

    As a successful lawyer and founder of Kanika Bhardwaj Law Firm, what advice would you give to fresh law graduates who are starting their careers in the legal field?

    Today I have seen the law students and fresh law graduates directly in order to maybe show- off or for whatever reason directly start their internship or practice from supreme court or high profile law firms which is a major mistake. I can bet you will not understand a word there and you will end up wasting your time. 

    The right way is to start from ground level. Start from district court. Learn Trial; learn basic things e.g. filling of a case, filing of summons, learn the art of cross- examination, the stages in civil or criminal case. Once you have mastered this, and then go to the High court/ Supreme Court. Then you will be able to understand the process and arguments in upper courts. 

    If you start from High court or Supreme Court directly, you will not know how to conduct a proper trial or you won’t be able to handle a case individually. 

    So start from the scratch, there is no short-cut. 

    Get in touch with Kanika Bhardwaj-

  • Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become-Priyanka Deo, Senior Criminal Defence Lawyer

    Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become-Priyanka Deo, Senior Criminal Defence Lawyer

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am to start this conversation , could you please tell us about how you ended up pursuing law and becoming a senior advocate in the Supreme Court of India? What inspired you to choose this path ?

    Well to begin with, during my school days, my academic strength in subjects related to social science, played a significant role in my fondness towards law. To add to this , later on in my career , my interest in law was sparked again while I was preparing for the Civil Services Exam right after my graduation. I believe my familiarity with these subjects provided me with a strong foundation. During my preparation for the Civil Services Exam  , I encountered various legal issues, and this too fascinated me with the intricate legal system of India and the role it played/has been playing in shaping the country’s political and social landscape. 

    I got lucky with the internships and opportunities that I was able to find, these not only helped me develop my knowledge but also helped me with my analytical and argumentative skills.

    Thereafter I worked hard to establish myself as a competent and dedicated lawyer, and eventually my efforts paid off when I was introduced to the Supreme Court of India.  

    I also believe that having a role model is essential for success in any profession, and I look up to many stalwarts of the legal fraternity as my own role models. Individuals like Honourable CJI DY Chandrachud Sir , Former ASG Aman Lekhi Sir , my mentor, my guru, Sr Adv Harish Salve Sir, and Sr Adv Kapil Sibal Sir  have made significant contributions to the legal profession, and I admire their expertise and insights.

    These things have sort of persuaded me to pursue a fascinating career in law and I am really looking forward to being one of the facets of the custodian of Law. 

    You have worked on several high-profile cases at the Supreme Court of India , Can you share with us one case that you found particularly challenging or interesting , Why?

    Out of all the matters that I was/am a part of , I believe the matter quoted as Lysosomal Storage Disorders Vs State of Karnataka Union of India stood apart and holds a special mention here , It was challenging as well as interesting for me to deep into the intricacies of the case. Also because it dealt with one of the rarest diseases that one can get , especially In a Country like India where even basic health facilities/amenities are difficult to find under right to life , at the same time there’s so much of chaos between govt and society where horizon of right to life is overlooked; The treatment of such disease require huge amount ; The Govt at one end in its response can’t aid every single case (LSD case) regularly; On the other hand – Concept of Distributive Justice git highlighted in the above case.

    Your work involves coordinating with various law enforcement agencies and government ministries. How do you ensure that you remain impartial and unbiased in your work despite working closely with these organizations?

    In the context of an advocate , Impartiality  stresses on the absence of favor or prejudice , at the same time unbiased favor implies even more strongly on the absence of all kinds of prejudice.  It is essential for advocates to prioritize the principles of justice and fairness to uphold the integrity of the legal profession.

    Well I take a lot from “The Nolan committee” that promotes Seven Principles of Public Life that serve as Guide for civil servants of Public life- Selflessness , Objectivity , Integrity , Honesty , Leadership , Openness , Accountability. 

    If you inculcate all these things , you will tend to serve the purpose . 

    In your opinion, what are some of the biggest challenges facing the legal profession in India today, and how do you see them being addressed in the future?

    Well there are many to list but few of the significant challenges that the legal system face: 

    a)Competency of Law graduates/ Lawyers -The quality of legal education in India is another challenge. It is crucial to focus on enhancing the curriculum, promoting experiential learning, and ensuring that law schools produce competent and skilled professionals.

    b)Access to Justice for underprivileged- Access to justice remains a challenge, particularly for marginalized and underprivileged communities 

    c)No of cases pending (backlog cases) 

    d)Technological Advancements ( Courtesy COVID we have been able to add to this )

    e) Legal Reforms 

    f) Ethics and Professionalism 

    Majority of these challenges can be addressed or rather are being addressed by taking adequate steps for example Intro of e-filing , e-courts , case management systems , spreading awareness among underprivileged , a lot of initiatives are also being taken by the Ministry of Law and Justice. Out of all these challenges , I strongly believe that upholding high ethical standards and professionalism is extremely vital while exercising our duties ; We as stakeholders need to set value enriched path or legacy rather for all our subordinates ; Addressing these challenges requires a collaborative effort from various stakeholders, including legal professionals, policymakers, educational institutions, and the judiciary. 

    Lastly, what advice would you give to aspiring lawyers who want to make a difference in society and pursue a career in public interest law?

    Well to all those young and aspiring lawyers especially who don’t come from the legal background , I would advise them to take keen interest in the legal happenings and the working system of the courts from their initial college days , even if they don’t want to get into litigation.

    To all those who see themselves in Litigation : 

    Read as many case- laws as possible, target your years right after your college , look for opportunities available at the offices of Senior Advocates. This is a profession that requires a mentor / guru in order to help you get exposure. 

    I would recommend them to start taking pro- bono matters , this will not only help to boost your confidence but will also help in understanding the nitty gritties of the legal profession. 

    Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become. 

  • A lawyer must always remain humble and a student for life- Shivangi Prasad, Author & Co-Founder, Equilibrio Advisory LLP

    A lawyer must always remain humble and a student for life- Shivangi Prasad, Author & Co-Founder, Equilibrio Advisory LLP

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Did you always choose to be an advocate or there were other plans as well?

    I actually wanted to convert my love for painting and creativity into a career and I wanted to be a fashion designer. However, law also always seemed very exciting and I ultimately decided to choose this path. Today I can safely say that I made a good decision. There is immense pleasure in serving the society in a way I am able to do now. Everyday there is a sense of calm and peace and that belief that I made a difference.

    How challenging has it been maintaining a work-life balance and how young legal professionals can learn to strike that balance in their professional lives?

    Today’s working environment has a lot of pressures attached to it with several deadlines and deliverables and deliverables are required as of ‘yesterday’. Running a firm has required me to be on my toes for different reasons everyday. It has been overwhelming on many days too! One thing that really works for me is to try and visualise my week as much as possible and plan it in advance. When I started I felt like planning itself takes 2-3 hours of my time and I couldn’t plan days to the T as there would always be surprises but taking some time to plan my days has really helped me in the long run. It just provides a method to the madness. Further, I have a team of 20 currently. Planning helps me plan their work as well which in turn means they are prepared. In fact, I have often recommended planning in advance to my associates as well and I can see that when they do that too, there is less anxiety, quick delivery and better work life balance. Some days, as I mentioned, can be exceptional depending on sudden work demands. In such situations, its important to prioritise the most important deliverables and be aware that certain other deliverables may suffer and be prepared to let somethings go.

    With having such a great experience on POSH and training in the same, according to you what creates an obstacle for a great work environment in any organisation?

    After having conducted 250+ trainings and 200+ inquiries on this subject, I can safely say that it’s a culmination of a lot of things. There can be several factors that create obstacles for a great work environment in any organization and it can also include aspects such as micromanagement, unhealthy competition, lack of recognition and appreciation etc. However, in the context of the work I do, I think some of the below play a key role:

    1. Lack of respect: Sometimes, based on the complaints I get, it appears as though there is complete disregard for respect for the other person. There is nothing wrong in asking a person out. However, in spite of repetitively and clearly stating that one may not be interested, there still appears to be lack of respect for that decision and constant follow ups. This leads to mental breakdowns sometimes and complaints.
    2. Miscommunications – intent vs. impact: Sometimes, what a person says is very different from what a person understands. While one may say something to help the other, the other feels as though their private space is being invaded in, for example. This also acts as an obstacle for a great workplace. Further, when there is a lack of open and honest communication between management and employees or among team members, it can create confusion, misunderstandings, and a lack of trust.
    3. Inadequate leadership and vision: if leaders do not walk the talk and themselves engage in inappropriate behaviour, there is very little for others to learn. Abusive language is often considered as cool in modern workplaces and the impact is that right from leaders to new joinee – everyone ends up speaking the same language. New joinees often feel ‘that’s the way it is’ and they must become a part of the culture to really be a part of the culture. Often leaders also misuse their position and engage in harassing behaviour knowing that very few people to no one may have the courage to report – thereby percolating the behaviour throughout the fabric of the organization.
    4. Unfair or unequal treatment: Discrimination, bias, or favoritism also ads to toxic work environment that erodes trust and morale. While there are more and more regulations coming in, it is important to inculcate the practice of equal treatment to all.

    You can read more in my book – Handbook on the Law of Sexual Harassment

    What was that one case in your life wrt POSH and Child Safety at work that completely shocked you? If you could share some brief facts about it?

    Given that instances such as these have to be dealt with confidentially, I am not at liberty to discuss facts of any of the complaints I have handled. However, I can certainly say that most of the complaints feel shocking still even after having handled hundreds of them. This is not an area of work where you ever receive a pleasant concern. Anyone looking to work in this space, must consider the fact that such complaints may (most of the times) feel deeply inappropriate, triggering and may even lead to emotional or mental breakdown in extreme cases. Most of the times complaints that involve sexual assault or rape are the most disturbing. One example that I can think of right now is a case in which a child was raped by the father and the mother was aware of it. She did not say anything as she did not want the name of the family to get ruined.

    Congratulations Shivangi on your publications on several topics! But as digital media creates mis-information as well sometimes, how beneficial are the newly built websites and journals for updating yourself wrt regulatory changes?

    I think this is a very important and a relevant question today. I think we have a mix of ways in which information is being put out– some are very professional and sensitive (and that may give you the right information). Some on the other hand may use CHAT GPT for example to create content which you absolutely cannot depend on! also, this culture has someone got stuck to students in a way that often interns quote website links (which could be news paper articles) as legal reference to a legal opinion. They also write down opinions on laws based on quotes mentioned in articles without reading the actual clauses. That gets me worried sometimes as most of the information is misinterpreted. Its important for law professors as well as professionals to guide students and teach legal research. My website www.poshatwork.com also provides regular updates on the law, however, we always always always analyse the original copy of the judgment or the law to put out any summary as well. Anyone who decides to publish must take responsibility because the moment you put out an information, there are people who may depend on it.

    What are the problems according to you that are still encountered by the LGBTQ youth in India?

    Its almost impossible to list down the challenges here given there are so many. The few top ones based on my research, observation and discussions with those impacted appear to be:

    1. Lack of awareness (while a lot has changed, people still tend to use insulting language, they grapple with stereotypical understanding of the community, people misgender, deadname others due to lack of understanding around gender affirmation, people also assume a lot about bisexuality for example which may be completely incorrect)
    2. Discrimination (with lack of awareness comes discrimination. As a result most people from the community are still closeted)
    3. Lack of inclusion (with being closeted comes an apparent lack of inclusion. Even if one is getting an opportunity or doing well for themselves, the society will never know, they will never learn. As a result while things are changing slowly however most people from the community don’t get equal opportunity– be it in education or employment or any other aspect of life. Its like a vicious circle).
    4. Absence of equitable measures (there have been generations of wrong committed. Our society needs equitable measures to correct those wrongs. While some states have launched some measures which have been effective, a lot more needs to be done)
    5. Lack of facilities (infrastructure and facility needs to develop for inclusion. We do not have unisex public bathroom. Public buses are a challenge for trans folx. These need to go through a change and everyone needs to play their part).

    The law does mandate duties for all of us. You can read more about them in my book – Handbook on the Law for Protection of Rights of Transgender Persons’.

    As a legal professional with such great achievements, what motivates you to push harder than yesterday? And what is the role of mentoring specifically in the legal industry?

    As mentioned earlier, making a change everyday pushes me harder. It’s a fantastic feeling to have helped resolved a concern. As a firm, we have conducted 1500+ inquiries, 2500+ trainings and created awareness amongst 3L+ individuals directly excluding all our social media efforts. I believe that’s a good step towards building respectful workplaces but a lot more needs to be done.

    Also as mentioned earlier, today its extremely important for law professors and professionals to nudge students in the right research direction. I may sound outdated, but based on my experience with most students so far, in the world of AI and everything else, somewhere the quality of legal opinions is losing the battle!

    Finally, a word of advice for the upcoming legal professionals?

    Society and law are intertwined. If you have chosen this field, don’t shy away from reading about new developments. A lawyer must always remain humble and a student for life.

    Get in touch with Shivangi Prasad-

  • “Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court”- Aastha Chadha, Advocate.

    “Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court”- Aastha Chadha, Advocate.

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    What motivated you to choose law as a career? And how has been the journey so far for you?

    My grandfather was an eminent criminal lawyer and as a kid, my favourite place in the house was his residence office. So, although my exposure to the legal field was since childhood it was not the profession I had planned to join. After 12th I was preparing for my CA entrance and one of the subjects in the entrance exam was law. That was the first time I studied law as a subject and I fell in love with it. This is when I decided to pursue a law degree and later I went on to do my Master of Laws. My journey as a lawyer has been extremely enriching and rewarding. This profession has taught me discipline and made me a better listener which is really helpful in understanding constraints and offering the best possible solution within the constraints. It has taught me to take risks and once the risk has been taken, to pull it through with sheer hard work. 

    What were the challenges that you faced at the beginning of your career?

    The challenges I faced as a new lawyer while working as an associate for a firm were the same as everyone else; getting a meagre salary, working unearthly hours, not getting enough opportunities in court etc. However, in hindsight, it was a huge learning experience. Yet the real challenges started when I went independent. Starting your own practice is like moving out of the protective environment of your parental home for the first time and being left alone on the long road of life. You have to do everything starting from getting a new client, doing clerical work, and troubleshooting of all kinds totally by yourself and still present a confident, untiring demeanor to the outside world. Overall, a fight for survival.

    What is the most challenging case you have handled in litigation and what were your learnings out of it? 

    Matters both civil and criminal where the parties are related to each other are challenging to the extent that emotions override the brain and balancing the two is a continuous exercise. At times one party goes all out to wash the dirty linen in public while the other despite the litigation is more guarded in sharing the dirtier truth.

    Among various matters, what brings you the most challenging set of situations and how do you overcome them?

    Every individual case comes with its own set of challenges. But, if I have to generalize then I would say that there are different challenges associated with different fields of law. The risk of arrest/imprisonment in Criminal matters, and the overriding emotions in matrimonial matters are some of the challenges. Whatsoever the challenge may be, the only way to overcome any challenge is preparation. Preparation done in peacetime saves blood during wartime. So, the way is to take a bird’s eye view and then start work at the grass root level. Sit with your client, ask questions, and ask your client for both favourable and unfavourable evidence. Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court. 

    How do you ensure that your clients receive the best possible outcome? 

    The first and foremost thing is that I fully educate the client on the legal aspects so that we arrive at a common wavelength. A well-informed client is always better and I encourage him to challenge my point of view and ask the right questions. I always try to give the client a true and realistic picture. Once the client is aligned, we work out a strategy best suited for the case and execute the same. 

    Do you think the privacy protocols that were there long ago are not there now because these recordings of judges in the courtroom have been going viral lately?

    Important cases were making newspaper headlines even before digitalisation and virtual courts. I truly feel that privacy goes for a toss as soon as a matter goes to court. A person’s name gets undue adverse publicity as soon as one gets accused or a private matter reaches the court. The media trial begins much ahead of the judicial trial. An innocent person wrongly accused gets socially maligned all through the case even though he is ultimately acquitted of all charges. However, I also believe that the live streaming of court proceedings has made legal awareness accessible to lawyers, law students and even litigants and some short videos edited to sensationalise an otherwise educative court proceeding should not stop this wonderful endeavour of various courts.

    How useful do you think the idea of Metaverse would be in the legal industry?

    Like any other technology, it will change the way people think and behave. So, it will surely change the way the legal industry functions. It is a powerful tool which has the capability of changing the day-to-day working of the legal industry. The internet changed the world, the metaverse is much more immersive and collaborative, and it will surely open a floodgate of opportunities for legal professionals from contracts to copyright laws, cyber laws, and even estate planning. 

    What are your thoughts on the data protection bill, 2022 that arrived a few weeks ago?

    I feel that data privacy breach is one of the biggest concerns rather a threat that the world is currently facing and with our increased dependence on technology it is just the beginning. Therefore, I feel that the bill is definitely needed to curb the blatant misuse of the power the technology companies have over their users. Yet, I do have reservations about the exemptions given to the government and state agencies concerning the same. 

    You have been very vocal about Hindu Succession Act,1956 being patriarchal, why do you think so?

    Succession as a concept is extremely patriarchal. In India, Succession takes place according to the personal laws by which the person is governed. One such legislation that governs the majority of the population in India is the Hindu Succession Act,1956. While the Hindu Succession Act was enacted to make the law of succession more equal and while all of us celebrated when daughters finally got equal rights in the coparcenary property of a Hindu Undivided Family but there are still many changes that the law requires. There is a positive change in the way a woman gets her inheritance but no change in the way the woman gives her inheritance. With the evolution of society and women being earning members creating their own Estate, the inheritance law needs to evolve and not discriminate between the heirs of a man and a woman. Although equal rights of inheritance to daughters is surely a step towards equality, true equality in law and society can and will only be achieved when parents of women are also treated equally to the parents of a man. 

    What are the hurdles you have faced being a woman in the legal profession and what changes do you think have taken place in favour of women lawyers over the years? Also what message would you like to give to all the women who are struggling in their initial years as lawyers?

    The biggest hurdle that all women who want to become advocates face is the mental block that “Litigation is not for women”. I don’t know how many times I have heard this statement despite coming from a family of lawyers. Infrastructural shortfalls like lack of proper washrooms, etc., and not having enough women court staff are small but crucial hurdles that women face every day in Litigation. These problems become more prominent in courts outside Delhi. Also, a common mindset where there is a distinction between advocate and lady advocate or woman advocate. Although the term advocate is a gender-neutral term but somehow the term used for women is lady advocate and this is not just a spoken difference but the way your work is received. It takes a lot of victories to establish yourself.

    One pleasant change nowadays is that there are so many intelligent and hardworking women joining litigation and I am hopeful that the new generation of lawyers will have more women role models as seniors and designated senior advocates and hopefully advocate will become a gender-neutral term not just on paper but in reality.

    The only message I have for young lawyers in their initial years is do your job extremely well and close your ears to nay-sayers who say that you cannot make it in litigation for any reason one of which is if you are a woman.

    A lawyer sometimes is expected to do work apart from legal functions as well, what are your views on the same?

    Running a legal practice is like running a business where we have to do our marketing, networking, and administrative work apart from the core legal domain.  Also, there are times when the client’s expectations are beyond the legal domain. Therefore, in every assignment, both parties have different expectations and managing the expectations and being on the same page is critical. The mandate needs to be clear, unambiguous, written and signed by both parties. If any assignment over and above the mandate needs to be performed the same should be treated as a separate assignment and should be agreed to by the lawyer only if it is within the legal domain. 

    According to you, what networking strategies should be adopted by the first-generation lawyers specifically in corporate?

    Networking is essential for every lawyer irrespective of whether they are corporate lawyers or litigation lawyers.

    Lawyers not being allowed to advertise their work or solicit clients, referral is the only way to get work. Thus, reach out to as many people as possible so that your existence is known. Networking is a continuous process with no boundaries and is constantly evolving. I think in today’s time

    LinkedIn is a great platform where you can network with anyone across the globe. I have got clients through LinkedIn and also hired local counsels for outstation matters through this wonderful medium. 

    Other than LinkedIn, conventional tools include conferences,events, bar rooms, and social gatherings.

     Lastly, any 3 best pieces of advice for our young lawyers? 

    Firstly, Always read the bare act before reading any opinion on a pieceof legislation.

    Secondly, never go to court unprepared. Even if you have to take an adjournment you should know the file inside out. 

    And lastly, always adhere to the profession’s decorum, you never know who all are observing you. The best of opportunities very often come unannounced. 

    Any additional message that you would like to give to all the women who are struggling in their initial years as lawyers?

    The only advice apart from the advice above that I have for women in litigation is just don’t listen to people who say litigation is not for women and prove them wrong one victory at a time.

    Get in touch with Aastha Chadha-

  • “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

    “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

    This interview has been published by Priyanka Karwa and The SuperLawyer Team.

    Ma’am, as a conversation starter, our audience would like to know about your story of being a Lawyer.

    I didn’t start off wanting to be a lawyer. I took up commerce after Grade 12 and completed my graduation. I enjoyed accounting but I didn’t really see myself doing numbers. It was a very critical time of my career and I starting thinking what to do next – MBA or law or something else. I don’t have lawyers in my family so it was not an obvious choice for me. But I thought law college would be academically challenging and interesting. It really wasn’t until I joined Government Law College and started my articleship with Ms. Kalapana Merchant at a solicitor firm that I thought I would like the pace of law.  One of the things that I liked about my articleship was that it gave me a flavour of different streams of law i.e. corporate, intellectual property, real estate and financing . After graduating from law college and qualifying as a solicitor, I decided to focus on corporate law as it excited me the most. I have worked as a lawyer for about 15 years. Currently, I am a partner at Quillon Partners, a law firm which focuses on M&A and private equity.

    Being into the legal profession, you must have heard things like “real-estate is not for women”, what are your views upon this?

    While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field. Fundamental changes introduced in the real estate laws by the Real Estate (Regulation and Development) Act, 2016 have led to greater transparency in the real estate sector and women lawyers no longer shy away from entering this sector.  

    Could you tell us about your struggles as a woman lawyer?

    There was a time when I wanted to focus on my family. I like to try different things – so I took up knowledge management (KM), business development and human resource which are very different and interesting roles. While knowledge management was nascent in 2011, law firms had started giving KM importance with several laws undergoing changes e.g. the Companies Act was completely revamped in 2013. During this time I also got an insight into Business Development.  Often different roles, help you to draw from one to the other. While I did KM, the corporate experience I had helped me and then when I went back to doing corporate law – the KM and Business Development experience helped me immensely. I still continue to be involved with the KM, BD and HR functions of the firm.   

    We see a lot more women lawyers now. However, as one progresses up the ladder of seniority, the scales start to tip with a decrease in the number of law firm partners being women. This landscape is starting to shift and many Indian law firms like international law firms are now working consciously towards inclusiveness and gender diversity. Personally, I have had very supportive seniors at Quillon Partners and they have been very encouraging. 

    Please shed some light upon your role as an M&A Lawyer.

    The role of an M&A lawyer varies from transaction to transaction depending on the kind of the transaction and who you are representing (e.g. buyer, seller, company). M&A lawyers have a versatile and extensive role throughout the transaction. All the legal mechanics of a transaction, including negotiating and drafting agreements to reflect a commercial deal, arranging finance and liaising with the client and their other advisors. Typically, in most transactions, it involves advising, planning, structuring, due diligence, drafting of the transaction documents, negotiations, obtaining regulatory approvals and finally closing of the transaction.  

    How do you see the M&A sector in the coming 5 years?

    Globally there was a dip on the deal street in 2022 due to several factors, including war and inflation. India seems very attractive to many global firms post Covid with investments in China taking a back seat. Mergers and acquisitions in India are expected to increase in 2023. The deal market is expected to be active in several sectors such are pharmaceutical, technology, infrastructure and healthcare. Therefore in-bound M&A investments are likely to increase. Out-bound foreign investments are also on a rise with the recent changes to the regulatory framework. India is expected to be a very attractive investment destination given the benefits of demographics, cost arbitrage, presence of large consumer market and democratic stability.

    Coming towards the end of the conversation, could you tell us three qualities which an M&A Lawyer must possess?

    Constant thirst for knowledge– legal technical knowledge is important but learning can’t stop with formal education. We have opportunities to learn new things in just about everything we do and from everyone we meet. It could be learning from a past deal, keeping oneself abreast with new laws, adapting to new technology, or learning people skills, it is a constant never-ending process.

    Being organised and structured – usually in most deals, time lines are tight and one needs to break the tasks and prioritize work streams in order to be able to service clients efficiently. Keeping an eye on the ball is key.

    Enjoy what you are doing – there are often personal sacrifices, sometimes long hours and only if you enjoy what you are doing, it’s worth it.

    Get in touch with Shriti Shah-

  • Woman in the Real Estate sector: a Discussion with Veena Krishnan, Partner at SAMVAD: Partners

    Woman in the Real Estate sector: a Discussion with Veena Krishnan, Partner at SAMVAD: Partners

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    What inspired you to choose law as a career and how has been the decision so far?

    I chose law as a career only because I cleared the entrance test conducted by NLSIU and felt that it would be beneficial if I studied at a University par excellence. I did not even consider law as a career and wanted to become an engineer. Out of the myriad of entrance exams I wrote, my parents had gotten the form for the NLSIU entrance exam and I simply wrote it on a whim. I have not regretted the decision since.

    What were the challenges faced by you at the beginning of your career?

    I wanted to become a practicing lawyer and be based out of Bangalore. At that time, finding good law firms was a challenge and it was initially difficult for me to find a good law firm to work with in Bangalore.

    Since you have also been a part of PoSH and the statutory Prevention of Sexual Harassment, do you think it is implied in local committees where women are neglected in informal sectors? 

    The Local Complaints Committee is a saving grace for women in the informal sector. As far as other establishments are concerned, there is a mandate for a POSH Committee but the LCC helps domestic workers and informal workers who may not be working in an organizational setup.

    Talking about work-life balance, there has been an ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

    I have by and large managed to strike a healthy work-life balance in my sphere of work. Some of the practices I would recommend are – daily exercise and physical activity which would lead to a healthy body and mind; any form of spiritual practice such as yoga or meditation which would enable the mind to stay calm; also while it is important to work hard and strive for professional success, it is important to keep a mental distance from success and failures and not get too attached to the outcome of one’s efforts; time management and conscious utilization of each minute of the day is very important.

    Among all the aspects, i.e,  lease and purchase of office spaces, stand-alone buildings, IT complexes, land, and properties conveyed by government entities such as the KIADB, etc, which one do you find the most interesting and challenging? 

    I find the lease of office spaces and acquisition of land parcels most challenging in terms of the title and documentation issues that arise in these transactions.

    Any road-maps that were followed by you, that you would like to share? 

    Spending time with family and friends; keeping a mental distance from my successes and failures; not comparing myself to others who are more or less successful than me (this consumes a lot of brain power and is a drain on one’s energy); emphasizing on teamwork and delivering quality work to the client and investing time and energy in helping juniors learn the ropes.

    What advice would you give to someone considering a real estate purchase? 

    It is important to make a commercial decision first on whether this property is suitable or not and then look at the legal aspects. The title and other aspects may work fine, but there are several instances where legal things are fine, but it does not work commercially for the client.

    What advice would you give to young law professionals? 

    Take your time and be patient to settle down in an organization, do not be in a hurry to jump jobs; be proactive in asking seniors for work and actively working on seeing a transaction to closure rather than simply doing the work allotted to you; when you are assigned work, do not simply sit down and start on it, but figure out the transaction structure, ask to be included on client calls and meetings. Do not compare yourself to your peers, as each lawyer’s journey is different; work hard and you will surely find success.

    Get in touch with Veena Krishnan-