This interview has been published by Anshi Mudgal and The SuperLawyer Team
What inspired you to pursue a career in law despite having a background in science? What drove you to choose law as your profession, and how did your B.Sc. (Hons.) Computer Science contribute to your legal career?
When I completed my B.Sc. (Hons.) in Computer Science from University of Delhi, some of my friends who had completed their engineering were placed in reputed Patent Analysis firms. A good science background is a mandate to work as a Patent Analyst. I found it interesting too and completed a few online primer courses on Intellectual Property Rights (IPR) from World Intellectual Property Organization (WIPO). I also completed a Patent Analyst training program from an institute and thereafter joined a Patent Analysis firm in Noida. During all this I got a good exposure to IPR laws of India. But after some time, I realised that I needed a degree in law to excel more into this field so that I do not remain confined to the corporate offices and thus I resigned. I cracked the entrance exam and joined the prestigious Campus Law Centre, Faculty of Law, University of Delhi for three-year LL.B.
A background in science gives me an edge in IPR practice. Apart from this, a good understanding of Computer Science helps me a lot in handling cases of cybercrimes.
How was your experience at Campus Law Centre? When did you decide that you will go for litigation?
In CLC, within no time I realised that it was not just IPR laws that I was interested in but in all types of laws. From my first semester at CLC and till date there has never been a second thought in my mind about litigation. Some of my classmates used to do corporate internships, some used to prepare for government exams, some were planning for LL.M. and some used to prepare for the judiciary. I did none of these. Whenever I got time, I used to go to various courts. I used to watch court proceedings and meet various advocates.
From a first-generation lawyer to the Founding and Managing Partner of Sharma and Associates (S&A), how has been your journey? What early experiences in your career were most influential in shaping your understanding of law and motivating you to establish your own practice?
Immediately after completing my LL.B., I joined the office of a senior in my home town where I got initial exposure to drafting and court craft. I started going to various district courts of Delhi and Haryana and also Delhi High Court. Luckily, I started getting my personal cases also from my relatives and friends. I started accepting my independent cases side by side from the beginning itself which cumulatively later helped me in taking the decision of going independent.
I never went for a corporate office. I worked for a very less time with seniors but whatever work I did initially was completely court litigation from morning till evening. I got a full-fledged exposure to the court atmosphere right from the beginning of my career which included interactions with the judges, advocates and court staff.
The kind of work that I got from seniors during initial months of my practice played a significant role in shaping my independent practice. I never used to appear with my seniors in the court. I had to handle cases on my own on the basis of the instructions. This created the platform of self-confidence which later helped me in going independent at a very early phase of my career.
How has your LL.M. (Professional) in Intellectual Property Rights from USLLS, Guru Gobind Singh Indraprastha University, Delhi, helped you tackle complex legal issues in the realm of intellectual property?
It proved to be a very good decision for my career. The class consisted of practicing advocates, AORs, legal officers, judicial officers and government officers. All used to discuss their works and experiences with each other which significantly increased my understanding of the legal profession. I got a network worth keeping for a lifetime.
It was a weekend programme. All the classes and exams used to take place only on Saturdays and Sundays. Thus, my practice did not suffer at all during this course. I recommend this to all practicing advocates in Delhi who wish to pursue LL.M. along with their practice.
The course was not theory oriented for me. I used to correlate my experiences of IPR practice with the lectures and discussions of the professors. The valuable insights gained during the classes and discussions enhanced the quality of my IPR practice.
How do you see the relationship between Alternative Dispute Resolution (ADR) and traditional litigation evolving? When do you think ADR is a more effective alternative compared to litigation in court?
ADR and litigation go hand in hand these days. There are mediation centres in almost every court with well qualified mediators and staff. There are arbitration clauses in almost every agreement which we come across. Lawyers are common to ADR and litigation. A lawyer can represent his client before any ADR process or court as per the situation. People don’t come to the court to fight cases, they come to the court for relief and solutions. Mediation takes place in so many cases in the court on a regular basis. So, an advocate these days must have an understanding and skills of ADR.
We at Sharma and Associates have the objective of providing solution-oriented services to our clients whether it be through litigation or mediation or arbitration. We have this strong philosophy that we charge our client not for the case but for the solution. There is a view that if a case gets settled the advocate will not get the fees which is actually not true. People come to court mostly when initial settlement talks fail. So, if an advocate even then gets the case settled between the parties on the basis of his skills, he can always charge his professional fees.
I always say to the parties in civil and matrimonial disputes that time is money. ADR saves time and money for the litigants. I have personally seen that in settled cases the relation between the parties remains cordial as compared to decided cases. So, ADR is overall good for society as well.
Given your vast experience, what have been the most challenging cases you’ve handled? How did you approach the challenges, and what resources or strategies did you employ?
I had Successfully argued application seeking cancellation of bail of the rape accused before the Additional Sessions Judge (Fast Track Special Court), Tis Hazari Courts, Delhi in 2021. After being granted the bail, the accused had not only launched an aggressive and defaming campaign on Facebook against the victim but had also circulated the victim’s mobile number to various people to harass her. I had been representing the victim pro bono right from the beginning in that case which involved allegations of rape on false pretext of marriage and cybercrime. It took several rounds of arguments by me and consequent detailed investigation by the police team to satisfy the Hon’ble Court about the misconduct of the accused.
I had Secured Anticipatory Bail for my client in an alleged cheating case (420 IPC) of Rs. one crore related to FMCG goods in 2023 from the Sessions Court in the very first attempt itself. The complainant in that case was a mighty man with very good connections in the Police department and Court. I started my submissions with the clear facts and concluded with the settled laws through case laws. I addressed and satisfied the Court as to why the Custodial Interrogation of the accused was not required in the case. I also relied on the observation of the Supreme Court in Gagan Banga v. Samit Mandal & Anr. [Criminal Appeal No. 463 of 2022] that continuing trend of projecting purely civil financial dispute as criminal matter despite repeated judgments appears extremely disturbing.
Considering the demands of your profession, how do you manage to maintain a work-life balance? What strategies do you implement to safeguard your health and well-being while balancing a busy legal career?
The issue of work-life balance comes before only those people who either take their work as a mandatory burden or who lack interest in their work. For me work and life are not different things. I don’t agree with people saying their work is their life either. Were you not living when you were not working? Will you not live when you will stop working? Work is a very important element of life but remember it is just one of the elements of life. Indulge in your hobbies, spend time with your family and friends, go on vacations and always spare some time for your body and mind.
I always ask my team to complete preparations for the cases of the coming month well in advance. I keep a note of pending works whether it be professional or personal in my phone and keep updating it. It is advisable to include different heads in this note like drafting, calls, research, meetings etc. I keep my clothes, bags and files ready for the next day before going to sleep to avoid hurrying in the morning. To be very honest it is not possible for me to go to the gym every day. I wake up a little early in the morning and do light exercises and meditation every day. I practice gratitude in the morning and evening every day to keep myself away from stress. I avoid using lifts whether it be courts or any other places. I can comfortably use stairs for going to the court rooms even on the seventh floor.
For aspiring lawyers who wish to make an impact across various areas of law, what advice would you offer? Are there any specific resources or approaches you recommend to stay current with the ever-evolving legal landscape?
Don’t just focus on learning law. That is essential and mandatory for the litigation career but not sufficient. Keep your eyes and mind wide open. Observe and understand the society around you. Observe and understand the people around you. Your understanding of the society and the people must keep improving. People of all age groups will come to you for their legal problems. Your personality must reflect a certain level of maturity regardless of your age.
Networking is another essential requirement for litigation. Don’t meet and network with people just to expect cases from them. I have seen people doing that but trust me it won’t take you long. Keep building long term meaningful relationships and cases will come to you as a side product.
There is always a great emphasis on reading judgments of the Supreme Court and the High Courts. That is essential but not sufficient to excel in trial litigation. When I started my practice in trial courts, I adopted a different approach. I used to arrange and read the judgments of the trial courts where my cases were pending. Judgments of the trial courts contain facts, replies, issues, evidence, chief examinations, cross examinations, laws, arguments, relied citations and conclusions. By reading a trial court judgment, you can learn how to fight that type of case on behalf of either of the parties.
During initial years of practice, a young lawyer should accept all types of cases and legal queries. This makes your foundation strong. Later you can narrow down your areas of practice as per your interests and circumstances. Try to join a senior who allows you to take up your independent cases. Remember that the habit of salary is a slow poison if you wish to set up your independent practice. Aim to set up your independent practice at a reasonable early phase because later going independent becomes more and more difficult due to financial and other reasons. Some young advocates start their independent practice in partnership with other advocates which gives many benefits if goes well.
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