Founder

“Always consider yourself as a student throughout your lifetime and commit to lifelong learning. Master the fundamentals before branching out into multiple practice areas.” – Nidhi Mathur, Advocate & Managing Partner at Lawgical Associates

This interview has been published by Namrata Singh and The SuperLawyer Team

Reflecting on your journey from college to becoming a Managing Partner at Lawgical Associates, could you share what initially inspired you to pursue a career in law? What experiences or influences shaped your decision to specialize in diverse areas such as labor law, corporate law, and sexual harassment laws?

From my earliest memories, the legal world was ingrained in my upbringing. I come from a family of lawyers and judges and growing up in such a family where law was not just a profession but a way of life, I was surrounded by discussions about cases, debates over legal principles, and the importance of justice. As I delved deeper into my legal studies, I became fascinated by the complexity and diversity of legal issues. I realized that the law touches every aspect of our lives, from business transactions to workplace dynamics and individual rights. This realization motivated me to explore different areas of law and develop expertise in various specialties. 

Corporate law appealed to me because of its intersection with business and commerce, offering opportunities to work with diverse clients and navigate complex legal frameworks. Abor and employment law was an extension of my experience as a HR professional. It brings in a human element while engaging with real people be it employer, employee or unions. Labor law has a potential for social impact as you have to handle a diverse range of issues.

My interest in sexual harassment laws stemmed from a deep commitment to combatting gender-based discrimination and creating safer, more inclusive workplaces. I recognized the importance of addressing workplace harassment and discrimination and saw an opportunity to make a meaningful impact through legal advocacy and representation while holding perpetrators accountable.

Overall, my decision to pursue a career in law and specialize in diverse areas was shaped by a combination of personal passion, intellectual curiosity, and a desire to contribute to positive social change. As I progressed in my career and eventually became a Managing Partner at Lawgical Associates, I remained committed to these core values and dedicated myself to using my legal expertise to serve clients and advocate for justice in all its forms.

Your educational journey is quite diverse, starting with a B.Com followed by an MBA before transitioning to law. What motivated this transition?

My family was very professionally driven and encouraged us to have a professional career of our choice and an identity of our own. I did B.Com and MBA in HR as I wanted to be professionally qualified. Post my MBA I worked in private Organizations including Telco wherein I realised that having a law degree especially working in HR & Labour Law domain was not only an additional advantage but necessity especially while dealing with women, blue collared and white collared employees. It also gives you an advantage to see things from a larger perspective. My journey through different fields of study was driven by a combination of curiosity, passion, and a desire for personal growth. In this diverse journey, I have learned that education isn’t a linear path; it’s a mosaic-each piece contributes to the whole.

You have achieved lot of credibility and recognition on the area of Sexual harassment matters with clients across industries. Please elaborate your journey in this area.

Thank you for appreciating and recognising my work in the area of sexual harassment matters. It’s a field that requires both dedication and sensitivity due to the complex and often emotionally charged nature of the cases involved. My journey in this area has been multifaceted, involving both professional development and personal commitment to advocating for justice and equality. It began with a recognition of the pervasive nature of sexual harassment in workplaces across industries and a commitment to addressing this issue head-on. Early on, I sought out opportunities to educate myself on the legal frameworks surrounding sexual harassment, including relevant laws, regulations, and case precedents.

As I delved deeper into this field, I actively sought out opportunities to work with clients across various industries, offering legal guidance and support in navigating sexual harassment allegations and incidents. This involved providing advice on policies and procedures for preventing and addressing sexual harassment, conducting investigations into allegations and representing clients in legal proceedings when necessary.

One of the key aspects of my journey has been building strong relationships with clients and earning their trust as a knowledgeable and reliable advisor in this sensitive area. I prioritize open communication, empathy, and a commitment to understanding each client’s unique needs and concerns. Over time, my efforts have been recognized, leading to increased credibility and recognition in the field of sexual harassment matters. This recognition has opened up opportunities to collaborate with diverse industries, including corporate, nonprofit, educational, and governmental sectors. I provide comprehensive legal counsel on developing and implementing effective sexual harassment policies, conducting investigations into complaints, and advising on appropriate disciplinary actions.

I’ve been actively involved in raising awareness about sexual harassment prevention through speaking engagements, training sessions, and contributing to publications and thought leadership initiatives. By sharing insights, best practices, and practical strategies, I aim to empower organizations to create environments where harassment is not tolerated and where all individuals can thrive. 

My experience and commitment in this area has led me to be empanelled with the Ministry of Women and Child Development, Government of India.

Throughout my journey, I remain dedicated to supporting victims of sexual harassment, holding perpetrators accountable, and promoting environments where all individuals feel safe, respected, and valued. My work in this area is driven by a passion for justice, equity, and creating positive change in the workplace and beyond.

How do you leverage your expertise in consumer laws and medical negligence matters to ensure fair representation for your clients, especially when dealing with sensitive issues like healthcare?

As an advocate with a focus on consumer laws and medical negligence, my approach is to ensure fair representation for clients with a blend of legal acumen, empathy, and strategic advocacy. I delve deep into consumer protection laws, medical jurisprudence, and precedents. Healthcare issues are always emotionally charged so having empathetic listening is crucial which also allows me to tailor legal strategies to align with their unique circumstances. At the same time, it is my responsibility to demystify the legal complexities to my clients and give them right potential outcomes and available options so that they can make informed decisions.

Building a strong case is equally important which I do by gathering medical records and taking expert opinions. I collaborate with medical experts, doctors, specialists and forensic professionals. Their testimony provides objective and insight which in result strengthens our case. At the same time, I believe not all cases need to be courtroom battles so I also explore negotiation and mediations. A fair settlement can provide for a quicker relief without prolonged litigation.

Having advised both Indian and multinational clients on anti-corruption laws, what unique challenges do you encounter in ensuring compliance, and how do you address them effectively?

Advising clients on anti-corruption laws presents unique challenges that require a delicate balance of legal expertise, cultural awareness and strategic thinking. Operating across borders means navigating diverse cultural norms, business practices, and legal systems. Anti-corruption laws vary globally like FCPA (U.S.), UK Bribery Act, Indian Prevention of Corruption Act, (India). Therefore, I have to be constantly updated on legal developments in different jurisdictions to conduct a thorough due diligence. Multinational companies rely on third parties—suppliers, distributors, agents, etc.-these intermediaries can pose corruption risks. Therefore, implementing a robust due diligence process for such third parties is not only a compliance need but an obligation. Further, to strengthen the systems, I also advise my clients to encourage a whistleblower protection scheme to encourage employees to report corruption without retaliation.

Further, employees and stakeholders must understand anti-corruption policies for which regular training sessions and workshops have to be conducted to reinforce compliance expectations. For this also I conduct training workshops for my clients. Compliance is an ongoing process so risk assessment and updating of policies including being aware of changing legal landscapes needs to be there. Effective anti-corruption compliance fosters a culture of integrity, accountability, and transparency. 

Given your involvement in conducting legal audits could you elaborate on the importance of due diligence in today’s legal landscape, especially in cross-border transactions? 

In today’s complex legal landscape, due diligence plays a pivotal role, especially in cross-border transactions. Given the complexity and potential risks involved in cross-border transactions, conducting thorough due diligence is not just advisable but necessary for ensuring the success and legality of the deal. Different countries have varied laws and regulations governing business operations, contracts, taxation, employment, intellectual property etc. Conducting due diligence helps ensure that the transaction complies with all applicable laws and regulations in each relevant jurisdiction. Cross-border transactions often entail higher levels of risk due to differences in legal systems, cultural norms, political stability, and economic conditions. Due diligence helps identify and assess potential risks associated with the transaction, allowing parties to take appropriate measures to mitigate them.

Thorough due diligence enables parties to assess the financial health and stability of the target company or assets involved in the transaction. Due diligence helps uncover any issues that could damage the parties’ reputations or lead to negative publicity, allowing them to address these issues proactively. The insights gained from due diligence inform the negotiation process and enable parties to make informed decisions regarding the transaction’s terms, structure, and valuation. Due diligence helps ensure that legal documentation, such as contracts, agreements, and disclosures, accurately reflect the terms and conditions of the transaction and adequately protect the parties’ interests.

Whether acquiring a foreign company, forming joint ventures, or expanding globally, thorough due diligence maximizes the chances of a mutually beneficial and successful transaction

As someone who has handled employment and labor law matters extensively, what advice would you give to organizations aiming to foster a harmonious employer-employee relationship while ensuring compliance with labor regulations?

Fostering a harmonious employer-employee relationship while ensuring compliance with labor regulations is essential for organizational success and stability. A positive employer-employee relationship contributes to productivity, loyalty, and overall organizational success. 

Having extensive experience in this domain both as a lawyer and a HR professional my advice to Organization would be: firstly, stay updated on labor laws, regulations and compliance requirements relevant to your industry and location. Secondly, encourage open and transparent communication between management and employees. Thirdly, Implement non-discriminatory policies and practices in recruitment, hiring, promotion, compensation, and other employment-related decisions. Fourthly, develop clear and comprehensive policies and procedures that outline employee rights, responsibilities, expectations, and disciplinary processes. Implementing an effective mechanism for resolving conflicts and grievances in the workplace ensures that disputes are addressed promptly and fairly

Further, invest in training and development programs to enhance employee skills and knowledge. This not only improves job performance but also demonstrates a commitment to employee growth and well-being. Creating a positive work environment also goes a long way in building employer-employee relations. Recognize and reward employee contributions and achievements regularly. Encourage teamwork, collaboration, and mutual respect among colleagues

With the ever-increasing stress which individuals face these days, it is advisable to recognize the importance of work-life balance and support initiatives that help employees achieve it which may include offering flexible work arrangements wherever feasible.

When in doubt about compliance with labor laws or handling complex employment related issues, it is advisable to seek guidance from experienced legal professionals specializing in employment and labor law. This would help Organizations in mitigating risks and ensuring adherence to legal requirements.

With your extensive experience, what advice would you offer to aspiring legal professionals looking to carve a niche in multiple practice areas, similar to your trajectory?

First and foremost, advice to young professionals is always consider yourself as a student throughout your lifetime and commit to lifelong learning. Explore diverse legal fields during your education and early career. Master the fundamentals before branching out into multiple practice areas.

Another important aspect is understanding your own strengths and interests and not copying others. Reflect on what aspects of law resonate with you. Gain practical experience in different practice areas through internships, clerkships, or volunteer opportunities. Intern or work in different legal settings be it an individual lawyer, law firms, PSU’S, NGOs or private companies in their corporate legal departments. This hands-on experience will not only help you determine your areas of interest but also develop a versatile skill set.

Another crucial piece of advice I would like to give to young professionals is to develop effective communication skills. As you move forward in your professional journey, the ability to communicate complex legal concepts clearly and persuasively becomes paramount. Work on your oral advocacy, writing, and presentation skills to effectively convey your expertise to clients, colleagues, and other stakeholders.

With your demanding schedule and multifaceted legal practice, how do you unwind and recharge outside of work? Could you share some of your hobbies or activities that help you maintain a healthy work-life balance? 

While my schedule can indeed be demanding, but I carve out time to maintain a healthy work life balance Outside work, some of the activities I really like to do is: Travelling – I like exploring new places and experiencing different cultures and cuisines. It allows me to break away from routine, gain new perspectives, and create lasting memories. Music also helps me to unwind and relax. I Iike listening to all kind of music be it classical or upbeat tunes. I myself have learned sitar and table during my college days. Spending time with family and friends helps me to recharge my energy; whether it’s sharing a meal, engaging in meaningful conversations, or simply enjoying each other’s company, these moments help me to unwind and relax.

Would you please share a memorable success story or a particularly challenging case you’ve handled, highlighting the lessons learned and the strategies employed to achieve a favorable outcome? 

It was a sexual harassment case against a very renowned doctor of Delhi with more than 30 years’ experience. The complaint was made by two young nurses working with him. Unfortunately, the hospital was more concerned about the doctor and their own reputation rather than addressing such a serious allegation. It was a challenging situation where the credibility and reputation of a renowned doctor was being weighed against grave allegations of sexual harassment made by those nurses. Even within the ICC (Internal Complaints Committee), there was hesitation and discomfort among members about proceeding with the inquiry and few wanted to resign from the ICC. The reluctance of ICC members to continue stemmed from fear of backlash and disbelief in the allegations. It was understandable that the ICC members had reservations about their involvement in such a sensitive and high-profile case. However, their agreement to participate in the inquiry proceedings was a positive step forward, even if it left much of the responsibility on my shoulders as an external member.

Additionally, it was vital to create an environment where the complainants would feel safe and supported throughout the process, despite the challenges posed by the doctor’s reputation and the hospital’s stance. Gathering evidence and securing witness cooperation was equally challenging, compounded by the doctor’s over-confidence and references to high-profile contacts, requires careful management. I knew what was my role in this complex case and so I looked into the matter very objectively without getting pressured by external factors.

Despite the doctor’s challenges and references to high-profile contacts repeatedly, I remain impartial and focused on the facts of the case. I ensured that the inquiry proceeds according to established procedures and protocols, without being swayed by external influences. Though the doctor was very reactive and aggressive, I responded in a calm and professional manner clearly explaining to him the purpose and process of the inquiry, emphasizing the importance of gathering all relevant information to ensure a fair and thorough investigation. I also reassured the witnesses of their confidentiality and protection from any potential repercussions for cooperating with the investigation. I also reminded them that their safety is paramount and their testimony is critical to uncovering the truth. I documented all attempts to influence or obstruct the investigation and this information became relevant for inquiry proceedings. I followed up with witnesses regularly, addressed any concerns they may have, and continued to explore alternative avenues for obtaining information. I conducted a comprehensive investigation into the allegations, interviewing affected employees and reviewing relevant documentation. This helped in uncovering patterns of behavior that supported the claims of sexual harassment. I remained persistent and diligent in my efforts to gather evidence (both direct & corroborative) and secured witness cooperation. Finally, truth prevailed and despite the challenges faced, truth prevailed and appropriate action was taken against the doctor.

Dealing with challenges and resistance in such cases can be emotionally taxing, but it’s important to remain resilient and committed to upholding justice.

********

Get in touch with Nidhi Mathur-

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Most Popular

To Top