This interview has been published by Namrata Singh and The SuperLawyer Team
Hello and welcome to another episode of SuperLawyer YouTube channel. Today we have with us advocate Gaurav Dhwaj who is founder and managing partner of Dhwaj and Associates. His specialties are legal and regulatory practices which relate to telecom, media and information technology sectors.
Also commercial contracts, litigation and arbitration. Most welcome sir to our channel and thank you for accepting our invitation. I know you are a busy person. So I’ll quickly start with the first and very pertinent question. When did you decide to do law? How did you decide to become a lawyer and how was your school days and college days and the kind of experiences or inspirations that you got from there that motivated yourself to becoming a lawyer, the way you are today?
The floor is yours, sir.
Thank you very much, Divya. First of all, I am deeply honored to be on this platform and am happy to reflect on your queries about me, the profession, and my understanding of it. To address your first query, I would like to start with my school days.
I have always been energetic and excited to explore new opportunities, challenges, and experiences. Some of that enthusiasm is still with me. If there was any activity in school, whether it was a debate competition, essay writing, storytelling, or poetry, you name it, and I would be there, in addition to my studies, of course. I was a very participative student, involved in almost all activities. My childhood was quite eventful.
This approach continued through my college days. During this time, I was also introduced to the NCC, where I excelled in shooting and cooking—a unique combination. My school and college days were quite eventful and rewarding.
Regarding my motivation to pursue law, I am a second-generation lawyer. I completed my graduation in computer science with a Bachelor of Computer Applications (BCA) and was set to pursue a Master of Computer Applications (MCA). However, there are certain commonalities between my personality and the legal profession. I am driven by intellectual challenges, which are inherent in law. I constantly seek opportunities for continuous learning and self-improvement, both personally and professionally. My fearless approach to dealing with issues, developed through my active participation in various activities, aligns well with the demands of the legal profession.
When I seriously considered my career path, I realized that my personality and approach were naturally suited to law. Being a second-generation lawyer, I have always seen my father practicing this profession. He was a litigation lawyer and my role model, greatly influencing my life. His guidance helped solidify my decision to pursue law as a profession.
What a beautiful story. And the way you have said that he is your role model, it seems that yes, he has paved your way towards greatness, I would say. That being said, when did you decide to establish Dhwaj and Associates? And how was the journey? And how has it been till now with all the challenges I’m pretty sure you must have faced after the inception? And how have you built a name for this particular association?
I began my career as an in-house counsel with the Tata Group of Companies and the Bharti Group of Companies. After spending almost two years in these organizations, my journey with law firms began.
I have worked for some of the leading law firms in the country, holding various positions from junior associate to partner and head of practice areas. The journey has been very interesting and rewarding, and I would even say very enjoyable. I don’t hesitate to say that law and the legal profession are my first loves. After serving in almost all positions that a law firm has to offer, I decided to establish my own firm, Dhwaj & Associates. I started as a solo practitioner, but I have been fortunate enough to have a team of highly competent lawyers.
We currently have two offices: one in Delhi NCR and one in Bangalore. Having completed my first graduation in computer science and my second in law, technology and telecom law was a natural choice for me. Except for my first job with the Tata Group of Companies, I have always been in the telecom and IT space.
When I set up Dhwaj & Associates, my initial idea was to create a boutique TMT law firm. However, I was fortunate to meet committed and dedicated people who helped transform it into a full-service law firm. Today, we operate as a full-service law firm from our offices in Noida and Bangalore.
First of all, sir, congratulations on your achievements. I am confident that your success will continue to grow in leaps and bounds.
You mentioned that law is the love of your life, and this passion has rewarded you greatly, particularly through your leadership in law and your support for AMTRON and the Ministry of Information Technology, Government of Assam. This is indeed a significant achievement.
Could you please elaborate on your experience working on this project? How did you approach and manage the tasks, especially considering the involvement with the ministry? What strategies did you employ to overcome the obstacles you encountered while undertaking such significant work?
Connecting with AMTRON was one of the best moments of my life. Receiving an award is a subsequent recognition of the work and effort put into developing and helping clients.
My excitement has always come from connecting with people—helping, guiding, supporting, and handholding them in every possible way. I enable them to navigate the challenges of the legal profession and the transactions they are involved in, especially when they struggle to find legal solutions.
Awards and recognition follow naturally. I have never been driven by them; instead, I have always been motivated by connecting with new people with the pure intention of helping them with all the skills I possess. Meeting with AMTRON was one of those memorable moments.
I still remember being a speaker at a conference in Dubai related to the IT sector. This was over seven or eight years ago, and I spoke on the topic of interception, which was not a well-evolved concept in India at that time, particularly in the telecom sector. During that conference, I met the Managing Director of AMTRON, Assam Electronic Development Corporation Limited, which is wholly owned and controlled by the Government of Assam. He was the moderator of my session, and that’s how we got introduced.
After returning to India, I received a call from his office. They needed a corporate lawyer who understood the telecom and IT sectors for a transaction. They believed I had the capability to assist them. I agreed, and thus began my journey with AMTRON. Initially, they engaged me for legal affairs, and later, they involved me in regulatory work as well. Eventually, I was entrusted with handling not only legal and regulatory matters but also their international domain.
In terms of international work, I represent them in all overseas investments and incoming investments from abroad, taking care of legal documentation and actual representation.
This introduction to AMTRON allowed me to apply my legal expertise to real-world challenges and deepened my understanding of the intersection between law, technology, and both domestic and international business operations. I gained insights into the perspectives of international businesses entering commercial relationships with state PSUs, their sentiments about India, and the challenges they face. This experience provided me with a broader perspective and reinforced my commitment to leveraging my legal skills for public service. It significantly boosted my professional credibility and visibility within the legal community.
Listening to your story, it seems like your journey unfolded naturally, and you embraced it, ensuring your success along the way. It’s remarkable to see that, despite being a second-generation lawyer, you remain humble and openly acknowledge how opportunities came to you. Often, we encounter individuals who aren’t as forthcoming about their paths to success, especially in the legal profession.
Your humility stands out and has undoubtedly served you well, particularly in a relatively new field like technology law. It’s impressive that, despite having a BCA and then transitioning into law, you chose to specialize in technology law and have excelled in it. However, it seems that this specialization isn’t very common in the Indian legal fraternity, and there’s a certain apprehension about it.
With that in mind, could you please share with us how you started Dhwaj & Associates?
I started Dhwaj & Associates recently. After completing my initial 2 years as an in-house counsel, I joined another law firm, which is now the largest law firm in the country. I have worked with several tier-one law firms throughout my career. After spending 15-16 years in the profession, I decided to set up my own firm, Dhwaj & Associates. So, it wasn’t immediately after my 2 years as an in-house counsel; I worked for various law firms for about 14-15 years after that. After gaining substantial experience both in India and overseas, I decided to establish my firm.
Wow! Amazing, sir! Over your 18 years of experience with top-tier law firms, the Tata Group, and the Bharti Foundation, how have these roles shaped your thought process? When you started your law firm, there must have been something significant going on, as you mentioned you were a solo practitioner at the time.
How did you find the courage to take that step? What advice would you give to those who are interested in following a similar path but feel scared or skeptical about achieving the same level of success and outreach that you have? How did you plan your journey?
We would also appreciate it if you could provide us with a sort of roadmap, if possible.
Sure, I’ll definitely try. First of all, I would like to start with a word of thanks to all my former employers who trusted me, gave me opportunities to perform, and provided platforms where I could develop both professionally and personally. My experience working as an in-house counsel and as a private practitioner with various law firms has been invaluable and has significantly shaped my professional outlook. For a legal professional working in a law firm, it is crucial to understand the client’s perspective.
Coming from an in-house background helped me understand the pain points of business houses. It enabled me to step into the shoes of my clients and view the entire transaction or issue requiring legal help from their perspective.
I firmly believe in the philosophy that a business lawyer must understand their client’s business. Without adequate understanding, one may not be able to provide viable business solutions. Most of the time, our solutions are not just legal opinions, legal memorandums, or research notes. They are also for the management, who often do not have a legal background. Therefore, it is crucial that a lawyer’s approach aligns closely with the management’s perspective for the legal opinion to make sense to them.
Otherwise, these opinions are typically reviewed by in-house lawyers who then communicate them to the management. Thus, lawyers in law firms need to put in the effort to understand the client’s business, intentions, and pain points before starting any mandate or transaction.
Before joining a law firm, I was part of an in-house team where I regularly interacted with the business team. This interaction allowed me the freedom to ask questions that helped me gain a better understanding of the business.
I believe this understanding is vital for every corporate lawyer. One cannot start working on a document without understanding the business’s nature and the client’s intentions regarding a particular transaction. This sense of understanding, developed during my time as an in-house counsel, has been beneficial in my law firm journey and continues to help me today.
This is the ethos I want to embed in the DNA of our firm, Dhwaj & Associates: to prioritize the client, to serve the client by first understanding them, their business, and their pain points. This understanding is a prerequisite before starting any work on a transaction.
Your approach to establishing your firm and reputation over 18 years of practice demonstrates remarkable clarity.
As an in-house counsel and now as a practitioner, you’ve witnessed significant changes in technology. Innovations like IoT, AI, cloud computing, drones, and online gaming have profoundly impacted our legal framework.
Legislation is striving to accommodate these advancements. How do you approach these areas when clients seek your expertise, given that you practice in such a niche field, which is relatively new to many lawyers in India?
New generation lawyers are eager to understand how you have made a name for yourself in this specialized field with such ease. Was it your technological understanding alone, or was it your unique approach to understanding and serving your clients’ needs? We would appreciate it if you could elaborate on these aspects.
To be honest, I never thought about it until now. But since you’re raising this question, looking back, perhaps it’s a combination of a few things. One is definitely my understanding of the technology sector because I studied technology for about three years before taking up law. So, I have a solid foundation in the technology sector.
Over time, I also developed the skill set of merging facts and client requirements with the legal and regulatory framework of the country. Until you understand the facts and properly align them with the applicable legal and regulatory framework, it’s difficult to come up with a clear, fair, and legally accepted solution for the client. So, I think it’s a combination of these three or four things.
Now, addressing your query related to emerging technologies, I believe these emerging technologies, as you rightly said—IoT, cloud computing, online gaming, AI/ML, robotics—are significantly impacting the legal framework, creating both opportunities and challenges.
These technologies raise new legal issues related to data privacy, cybersecurity, intellectual property rights (IPR), and regulatory compliances. They have opened up new avenues that the law must now accommodate in its overall approach.
The advice I would like to offer is that it is crucial for everyone to stay informed. It’s also important to engage with industry bodies to understand not only technological developments but also the entire ecosystem around them, which includes the legal aspect. Engaging with professionals and experts is essential. Consulting with legal and industry experts helps understand the implications of new technology and ensures that the technology being implemented or introduced complies with existing legal and regulatory frameworks.
Adopting industry best practices is also important, especially in areas like data security, data privacy, IPR, cybersecurity, and regulatory compliance. Proactive risk management should be considered, which includes engaging with experts to identify potential legal, financial, and operational risks as early as possible and developing robust strategies to mitigate these risks.
By considering these steps, clients can navigate the complexities of emerging technologies and leverage the business opportunities these technologies can offer.
Sir, like you agreed to keep abreast with the new upcoming legislations and the kind of news which we get every day. Recently we saw the enactment of the new Telecommunication Act 2023. How do you see the impact of this particular act on the telecom sector, and what kind of advice would you be offering the companies to navigate if possible in this new regulatory landscape, I’m pretty sure you must have gone through it very thoroughly and we would request you to give some insights about it as well?
The new Telecommunications Act is a welcome development, as it replaces the outdated Telegraph Act that previously governed the telecom sector, including licensing for service providers. Enacted in December 2023, the new act received presidential assent and was published in the Official Gazette of India. On June 21, 2024, the government issued a notification partially implementing the act, putting 40 sections into effect. In this first phase, 39 sections of the act have been activated.
One notable improvement in the new act is its extraterritorial applicability, which was absent in the previous framework. This provision, introduced for the first time in the Information Technology Act of 2000, now applies to the telecommunications sector as well. Under the new act, if a person commits an offense or contravention related to telecommunications services and networks while outside India, they can be held accountable under this act.
Another significant feature of the new act is the framework for online dispute resolution. Additionally, it includes a comprehensive and evolved framework for penalties in cases of contravention. The act also does an excellent job of covering nearly all telecom-related activities, including secondary activities previously outside the scope of the old act. The previous regulatory framework had a gap between administrative regulation and technological advancement in the telecom sector. The new act aims to bridge this gap by encompassing recent technological developments and new services provided by the telecom sector.
Overall, this is a positive step forward. I am hopeful that the government will soon issue a second notification to fully implement the act. This legislation not only benefits telecom service providers but also has provisions directly benefiting users, contributing to the overall development and improvement of the telecommunications sector in India.
Hopefully, sir, we will see the entire act notified soon. Congratulations on starting this new initiative. As you mentioned on June 21st, it has come into effect with 39 sections.
Now, shifting focus from your professional life, could you please share how you maintain a work-life balance? We would love to know how you find time for your hobbies or recreational activities, allowing yourself a mental break from the stress and creating a peaceful space for yourself.
In my personal life, I consider myself very fortunate to have a loving and supportive family. This includes my wife, my sisters, my mother, and my children. I especially cherish the time I spend with my two sons, who are currently school-aged.
They play a crucial role in maintaining my sense of balance and sanity. The legal profession is incredibly demanding, and the level of commitment required is exceptionally high. It’s nearly impossible to completely disconnect from work, especially when you hold the role of managing partner at a firm. This position involves not only ensuring the quality of client services but also overseeing the firm’s operations. You find yourself juggling a multitude of tasks related to client delivery, human resources, technology, and management, among others.
Despite these challenges, I am grateful for the unwavering support of my family, the blessings I have received, and the joy my children bring to my life. Additionally, I have a passion for reading poetry, which adds another dimension of fulfilment to my life.
Wow! So you practically enjoy all of your serious work as well as poetry along with your kids. You keep your sanity intact. Sir, all that being said, we had a wonderful journey with your interview. To its very end, I would request you to let us know about your plans for Dhwaj & Associates and how you foresee yourself progressing in the direction of making it more national and internationally renowned because that is something that I guess is very close to your heart. And the kind of firm services, that we see today, how are you going to have a little different aspect or approach towards it? We would request you to share if at all you wish.
Yes, absolutely. Firstly, having been on both sides of the table, I have walked in the shoes of an employee, which gives me a deep understanding of their challenges and concerns.
This experience has influenced my decision to adopt an institutional approach rather than an individual one in setting up this firm. To elaborate briefly, when I say “institutional approach” over “individual approach,” I mean that while I may not necessarily aspire to make this firm globally recognized, I am committed to working with global clients.
Branding and establishing a name are not my primary concerns. Instead, I prefer to focus my energy on helping people. I firmly believe that success and achievement in this world come from connecting with a good set of people and developing the right skill set.
If you are surrounded by capable, like-minded individuals and you have pure intentions along with the necessary skills, success and recognition will follow naturally. The key is to cultivate the right skills, adhere to ethical practices, and focus on the core values of the profession. The essence of this profession lies not in building a global brand but in serving the client. This is a customer-facing industry, where the client is paramount. By addressing their pain points and providing effective support, the clients will, in turn, help build the firm’s reputation.
Therefore, my effort is not geared towards brand-building but towards creating a supportive institution. I aim to establish a firm that supports everyone associated with it, regardless of hierarchy. This is a people-focused firm. I emphasize to everyone working here that it is their firm and their office. Even if they move on to start their own practice, they are welcome to use our office space as their own.
For me, it’s not about fancy infrastructure but about the people. I am dedicated to attracting and nurturing competent individuals with the right skills. My belief is that if we focus on having the right people and serving our clients effectively, the firm will naturally build its own brand.
So ultimately you will be a brand courtesy to the clients that you will be serving. So Dhwaj & Associates is going to be a global brand and we wish you all the best for that. And thank you for agreeing to meet with us sir, it has been a very humbling experience and a very beautiful interview. Thanks for sharing your insights about it. Thank you, sir.
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