This interview has been published by Anshi Mudgal and The SuperLawyer Team
Can you tell us about how you began your career in law and what led you to do law and specialize in commercial litigation, arbitration, and maritime law? Please allow us to walk through your journey.
During my undergraduate law studies, I discovered a fascination with the legal aspects of business. An internship at a law firm provided invaluable practical experience, sparking a passion for advocating justice. As I explored various legal areas, my conviction grew. Commercial litigation, arbitration, and maritime law perfectly merged law and commerce, captivating me. The dynamic nature of commercial disputes and solving complex problems drew me in. Specializing in arbitration enabled efficient conflict resolution outside the courtroom, benefiting businesses. Maritime law’s international trade and unique challenges further solidified my interest. My journey toward specialization was driven by curiosity and a passion for justice. Working on diverse cases reinforced my dedication to honing skills in these fields.
Maritime law is a unique area of practice. What drew you to admiralty and maritime matters, and what are some key insights you’ve gained from dealing with ship arrests, maritime liens, and international arbitration?
My fascination with admiralty and maritime law has been sparked by the intricate and global nature of this field. The convergence of law with international trade, shipping, and commerce presents distinctive challenges and opportunities. Through my involvement in ship arrests and maritime liens, I understood the critical role these legal mechanisms play in safeguarding the interests of creditors in a swift, high-stakes environment. Grasping the intricacies of jurisdiction and the interaction between various legal systems is essential, given that maritime cases often span multiple countries.
Given your extensive work with the Insolvency & Bankruptcy Code (IBC), what challenges have you encountered in insolvency matters? How do you think the IBC has transformed the legal landscape in India?
Let me tell you, working with the Insolvency & Bankruptcy Code can be quite a rollercoaster ride. One of the major challenges I’ve encountered is navigating through the complex legal framework and understanding all the intricate details of insolvency proceedings. The code is quite extensive and can be tricky to navigate, especially when it comes to interpreting certain provisions and their implications. It’s like diving into a maze sometimes, trying to figure out what steps to take next. There’s always pressure to meet tight deadlines and adhere to strict timelines laid out in the code, which can be stressful at times.
The Insolvency and Bankruptcy Code (IBC) has been a game-changer in India’s legal landscape by providing a more structured and efficient framework for dealing with insolvency cases. With the introduction of the IBC in 2016, companies now have a more streamlined process for resolving insolvency matters, which has significantly reduced the time taken to complete such proceedings.
The lBC has also brought about increased transparency and efficiency in insolvency proceedings, creating a more favourable environment for both creditors and debtors. Additionally, the IBC has encouraged a culture of accountability among businesses, as it mandates timely resolution of insolvency cases to prevent financial losses for creditors. Overall, the IBC has transformed the legal landscape by providing a faster and more effective mechanism for resolving insolvency cases efficiently.
Your work involves representing cases in various courts, including the Bombay High Court, City Civil & Sessions Court, NCLT/NCLAT, and Family Court. How do you prepare differently for civil suits versus arbitration or family law matters?
Preparing for civil suits, arbitration, and family law matters requires tailored approaches due to their distinct legal frameworks and procedural requirements.
When it comes to civil suits, my focus is on gathering comprehensive evidence, drafting detailed pleadings, and understanding the applicable laws and precedents. Court procedures, such as discovery and witness preparation, are crucial aspects that require meticulous attention. This often involves extensive research and documentation review to build a strong case.
In the case of arbitration, the emphasis shifts towards confidentiality and efficiency. I prepare by thoroughly reviewing the arbitration agreement and focusing on procedural rules specific to the chosen institution. Developing persuasive arguments and preparing for a more informal setting are essential, as well as strategies for cross-examining witnesses.
Family law matters involve emotions and relationships along with legalities so preparation may involve counselling clients about potential outcomes and helping them navigate complex personal dynamics. While documentation remains important, the approach often leans towards mediation and negotiation to resolve disputes amicably, with a focus on the best interests of any children involved.
Although the core legal principles may overlap, the strategies and considerations for preparation differ significantly based on the context and desired outcomes. Each area of law requires a unique approach to ensure the best possible outcome for clients.
As a visiting faculty and someone who frequently interacts with students and freshers entering the legal field, what are your thoughts on the current generation of aspiring lawyers? In your experience, what strengths do they bring to the profession, and in which areas do you think they need to improve or focus more on for their personal and professional development?
The current generation of aspiring lawyers is incredibly driven and passionate about making a difference in the legal field. They are eager to learn, and open to new methodologies, which can enhance efficiency in legal practice. Their familiarity with technology and innovative approaches to problem-solving brings impressive strengths to the profession.
I am impressed by their passion and dedication to the field, these students genuinely care about making a difference in society through their work. They are tech-savvy, well-informed, and have a strong sense of social justice, which is very encouraging to see. However, there are areas for improvement. One key aspect is the development of practical skills, such as negotiation and client management, which are essential for success in real-world legal practice. I also notice that they struggle with time management skills due to the heavy workload and pressure to excel. Encouraging internships and hands-on opportunities, enabling students to put their theoretical knowledge into practice and cultivate the essential skills needed for their future endeavours. Furthermore, I have observed a deficiency in practical experience among certain students when it comes to real-world legal environments, a crucial element in shaping a holistic comprehension of the field.
I am impressed by the dedication and enthusiasm of these aspiring lawyers as they have the potential to bring about positive change in the legal professional no doubt that they will go on to achieve great things in their careers.
For young lawyers aspiring to build a strong foundation in litigation, what key steps or practices would you recommend they focus on during the early stages of their career to establish themselves in this competitive field?
For young lawyers aspiring to build a strong foundation in litigation, several key steps can help establish a successful career
1. Gain Practical Experience: Seek internships and clerkships with litigation-focused firms. Hands-on experience in courtrooms and exposure to case preparation are invaluable.
2. Develop Strong Research and Writing Skills: Mastering legal research and effective writing is crucial. Focus on drafting pleadings, motions, and legal briefs to enhance clarity and persuasion.
3. Understand Court Procedures: Familiarize yourself with the rules and procedures of the courts where you plan to practice. Knowing the ins and outs can significantly impact case management.
4. Build a Professional Network: Attend legal seminars, join bar associations, and connect with experienced practitioners. Networking can lead to mentorship opportunities and valuable insights.
6. Stay Informed: Regularly read legal journals, case law, and various updates to remain current on developments in litigation and related areas.
7.Learn Continuously: Be open to constructive criticism and use it to improve your skills. Learning from both successes and failures is key to growth.
By focusing on these areas, young lawyers can create a solid foundation for a successful career in litigation.
With such a demanding career in law, how do you unwind and relax after a challenging day? Do you have any personal routines or activities that help you maintain a healthy work-life balance?
Maintaining a healthy work-life balance is essential in a demanding legal career. After a challenging day, I find it helpful to unwind through several activities:
- Spending Time with Family and Friends: Engaging in quality time with loved ones helps me recharge and provides a supportive network. I am a mother of a toddler so my little one helps me to recharge my energy completely after a hectic day at work.
- Hobbies: I also dedicate time to hobbies like cooking and shopping which provides a creative outlet and distraction from work.
These routines help me maintain perspective and stay grounded, enabling me to approach my work with renewed energy and focus.
You’ve worked with renowned legal minds like former justices and senior counsels. Can you share a memorable experience or piece of advice from a mentor that has profoundly influenced the way you approach your practice?
One memorable experience with my mentor Mr. Pradeep Kumar Jain, the Managing partner of Singhania & Co LLP, He often reminded me that the legal profession is not just about winning cases but also about upholding justice and serving clients with honesty.
His advice to always consider the broader impact of our work—on clients, the legal system, has profoundly influenced my approach. It reinforced the idea that every case is an opportunity to contribute positively to the legal field. This perspective has guided me in making thoughtful decisions and striving for fairness, rather than merely focusing on outcomes. It’s a principle I carry with me in every aspect of my practice.
With such a broad spectrum of specializations within the legal field, what advice would you give to young lawyers on the best ways to decide which area of the legal industry they should enter? How did you navigate this decision in your own career?
Deciding on a specialization in the legal field can be challenging, but there are several strategies young lawyers can use to find their path:
The young lawyers should get exposure through internships, clerkships and court work. This hands-on experience can help identify what interest the individual the most. The most important to excel in the legal field is seek mentorship by connecting with experienced lawyers in different specialities. Consider what aspects of law excites you be it advocacy, negotiation or analytical work. The last piece of advice that I would like to share with all budding lawyers is, be open to changing your mind as you gain more experience. Many lawyers find their niche evolves over time.
In my own career, I navigated this decision by engaging in diverse experiences early on, which helped me discover my passion for commercial litigation. I was fortunate to have my mentor who guided me, allowing me to make informed choices about my interest. Ultimately combining passion and dedication with practical experience has been key to my journey.
Get in touch with Monika Bhatelia-