2020 VOL. 11 ISSUE 01
LEGAL PROMINENT
CONSULTANT IN INDIA
LEGAL AID Legal Consultants At Your Service!
EXPERTS VIEW The Denotation of Legal Consultancy
Gautam Khaitan
Managing Partner
GAUTAM KHAITAN (Managing Partner of O.P. Khaitan & Co.)
Editor’s Note TURNING A NEW LEAF
A
s we eagerly await a new year and look forward to realizing new dreams and hopes, this year has been a learning experience for one and all. This year has been rough, to say the least, and one that brought about a sea-change in the way the world operates. Not a single facet has been left untouched by the effects of the pandemic and the real-world and virtual-world change that it has brought about. The Legal System in India has roots very old and as it is with old, deep-rooted trees, turning a new leaf is not that easy. The digital push to the legal system in India began in 2007 with the beginning of the e-Courts project. It took another seven years for the
project to get a go-ahead and create the basic structure to begin the project. And ďŹ nally, the e-Courts portal was launched. However, the portal is more of a database Than a real tool for justice. It sure is useful for both lawyers and the common people as it assembles the data, does analytical processing and offers other tools for effective decision making. But this is not the only functionality that going digital would mean. Being truly digital would mean that people can reach to courts anytime, anywhere. There would be no obligation of being there in the courts physically. Being digital would mean the common people would have the liberty to choose their lawyer from a database where their legal journey will be open for people to know and then to decide. Being digital would mean a little bit of what the legal system went through this year and a much better of what it can be.
Sneha Sinha
In this edition of Insights Success, we bring "Prominent Legal Consultants in IndiaEdition 2". These stalwarts and young lawyers believe in themselves and the system and that they are ready for change. Looking at the way the wind blows, they are already gearing up for the year ahead and are hopeful that the system will improve and that the new decade will truly mean a new, enhanced and well-performing system.
of both individuals and businesses alike; Radhika Arora, a full-service law-firm offering complete one-stop legal remedies for Individuals, Companies, and Entities; and S.K. Srivastav & Co., Advocates & Solicitors, a full-service Law Firm providing tailored solutions for Commercial, Corporate, Arbitration and Dispute Resolution, Intellectual Property Rights and International subjects experienced in the field of Law.
On the Cover, we have, O.P. Khaitan & Co., a highly reputed, skilled and professionally managed law firm based in New Delhi. The firm’s Managing Partner, Gautam Khaitan has made his mark with a multifaceted robust practice that reflects his distinctive legal experience and unique perspective on the law.
Do go through the articles curated by industry experts and our in-house editors.
The issue also features Attorney's Desk, a legal service provider based in Navi Mumbai, Maharashtra that caters to legal requirements
Happy Reading!
C O N T E N T S
COVER STORY
08
GAUTAM KHAITAN (Managing Partner of O.P. Khaitan & Co.)
Helping Clients Through Tough Times
20 ATTORNEY’S DESK A Go-to Expert for All Your Legal Matters
24 Radhika Arora Delivering Expert Legal Services with Compassion
30 S. K. SRIVASTAV & CO. Exhibiting A Tradition of Excellence in the Legal Industry
ARTICLES 16
26
Legal Aid Legal Consultants At Your Service!
Experts View The Denotation of Legal Consultancy
Editor-in-Chief Pooja M. Bansal Managing Editor Sneha Sinha
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PROMINENT
LEGAL CONSULTANT IN INDIA
Company Name
Management
Brief
Attorney's Desk attorneysdesk.in
Adv. Radhika Ingole Thakker, Founder
A legal service provider based in Navi Mumbai, Maharashtra that caters to legal requirements of both individuals and businesses alike
O. P. Khaitan & Co. opkhaitan.com
Gautam Khaitan, Managing Partner
O.P. Khaitan & Co. is a highly reputed, skilled and professionally managed law firm based in New Delhi.
Radhika Arora radhikaarora.in
Radhika Arora, Founder
A full-service law-firm offering complete one-stop legal remedies for Individuals, Companies, and Entities
S.K. Srivastav &Co., Advocates & Solicitors. srivastavandco.com
Mr Satish K Srivastava, Founder
A full-service Law Firm providing tailored legal solutions.
COVER STORY
GAUTAM KHAITAN (Managing Partner of O.P. Khaitan & Co.)
Helping Clients Through Tough Times
“
I have had lots of great cases and great clients. Once you represent someone in a transaction or litigation you end up with a friend for life. People come back to you - there is a bond built between you and the people you represent
“
O
ne of the sectors that have been badly affected by the pandemic and the subsequent lockdown is the legal sector. While the focus has been more on the daily wage workers, lawyers, particularly junior lawyers, have been badly hit by the lockdown that saw courts being shut across the country. The current scenario of the law industry pertaining to the adversities rooting from the COVID-19 pandemic is a sorry state-of-affairs. Gautam Khaitan, Managing Partner of O. P. Khaitan and Co, New Delhi, shared his views and solutions with Insights Success regarding the current pandemic. At an early age, Gautam Khaitan witnessed the incredible impact his father, Late Mr. O.P. Khaitan, (an eminent lawyer and Founder of O.P. Khaitan & Co) had on his clients, which paved the way for his desire to follow his footsteps. “As a child I saw my father enjoying his work – to him it was both work and a hobby. I have always had the utmost respect for not only his intelligence and also his compassion for his client,’ says the Managing Partner of O.P. Khaitan & Co . His admiration for his father is apparent when he speaks about him. Gautam Khaitan created a second-generation of what his father had built at O.P. Khaitan & Co.. In a short span, he took the firm to its new heights. Like Gautam Khaitan, his son Karan Khaitan, is the descendent of generations of lawyers. As the law profession runs in the Khaitans’ genes, Karan Khaitan, son of Mr. Gautam Khaitan, followed the suit and joined the Firm in the year 2018. His professional and personal grooming had taken place under the guidance and tutelage of some of the best legal minds of the time, including his grandfather and founder of the Firm. Karan Khaitan, a 2017 graduate from Jindal Law School is carrying on a family tradition and making five generations of lawyers. He had his stint of internships at London School of Economics and with eminent legal luminaries in India. He grew up hearing legal jargon in the family. As a fresh law school graduate, Karan first worked in the office of a legendary criminal lawyer whose propensity for winning
cases left a lasting impression on him. Karan now is associated with O.P. Khaitan & Co. “I come from a long line of lawyers and legal icons. I guess you could say law was in the very air that I breathed. The mentorship and guidance I received from my grandfather and later from my father is priceless.” says Karan Khaitan. “From my dad, I learned to never give up. He never backed down from a challenge. He’s known for his belief in the judicial system and his willingness to persevere against all odds.” Adds Karan. His grandfather and Founder of the Firm has instilled in him the value of hard work, dedication and networking. “Dad has a photographic memory and remembers every single file. It’s phenomenal— you mention a name, and dad knows everything about the file and what needs to be done on it.” says Karan about his Father. Today Gautam Khaitan has made his mark with a multifaceted robust practice that reflects his distinctive legal experience and unique perspective on the law. At each stage of his career, he has acquired special skills that make him the well-rounded lawyer he is today, one who is highly effective as a business negotiator and a corporate lawyer. His lengthy stint in the corporate practise, has lot to offer his clients. His transactional experience really differentiates him. Gautam Khaitan provides a more individualized and boutique touch for his clients. He takes a hands-on approach and he likes to be more creative and think outside of the box in the style and strategy for each case, contract and transaction. In Gautam Khaitan’s words- I find it rewarding to help others, especially when they are faced with challenges that are difficult for them to understand and deal with on their own. I find it rewarding when I can help bring closure to difficult moments in people’s lives. Not everything in the law is about disputes or controversy, it is also about building people’s lives, businesses and dreams. Gautam Khaitan helps clients deal with the emotional strain they are under in a moment of crisis. He tries to bring a calming influence to the situation and help the client understand there is a light at the end of the tunnel. “It’s an honour to represent ordinary people who are going through extraordinary circumstances. To be able to help people and provide some peace of mind, hopefully, is why
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we’re here. When clients give you thank you notes because we made a difference – you can’t beat that.” says Gautam Khaitan. As managing partner of O.P. Khaitan & Co, he is tasked with overseeing the day-to-day administrative issues of running the firm, while keeping its legal services on the cutting edge. Though they are humbled by the awards and recognitions they receive for his hard work and dedication to their profession, they are adamant on making one thing clear. “It has all been a result of teamwork.” Law scenario in Covid times Covid-19 pandemic has affected lives around the world. No one ever imagined or let alone estimated that their jobs or salaries or wages will be affected by a pandemic. There are
LEGAL CONSULTANT IN INDIA
reports all around the country showing plight of daily wage workers affected by the pandemic and the government rolling out schemes to safeguard the interest of daily wage workers. Many other sectors, including the law sector were not considered. “Our government did not address the issues of advocates who are also affected by this pandemic and the subsequent lockdowns imposed by our government to curb the spread of Covid. Majority of advocates in courts all over India earn their livelihood by getting paid per appearance in their respective cases and the government, without realising the plight of these advocates, closed the courts which are even now functioning only partially. In my view, the
government should have consulted Bar Association of India and implemented a scheme or a financial package for junior advocates as well as advocates who are dependent on courts to earn their livelihood,” said lawyer Gautam Khaitan, Managing Partner of O. P. Khaitan and Co, New Delhi.
the unexpected. Not only legal institutions but offices or any other organisation should adapt to any uncertain change in the future. Now court hearings are conducted virtually. And we all call it the “new normal”. The same should now be implemented as an alternative to normal i.e. virtual hearing should be an alternative to physical hearing.
Closing of courts all over India also affected litigants as the door of justice was closed by the government without giving any prior notice. There are countless disputes pending in the courts. People have paid lakhs of rupees as fees to their lawyers so that justice is delivered to them and now courts are unable to address litigants’ legal disputes.
Before the pandemic, lawyers all around the country used to travel to Delhi for hearing at Hon’ble Supreme Court of India and other Appellate Authorities in Delhi. Since the pandemic, Supreme Court and the Appellate Authorities are conducting hearings virtually, which is feasible for the advocates and litigants who are residing out of Delhi as they are saving on transportation cost as well as time spent on commuting and hearing.
Gautam feels that the government should not have stopped functioning of the courts in entirety. “Alternatively, they should have curbed the operations and formed systematic guidelines in consultation with Bar Council of India and Hon’ble Chief Justice of India as it is always said, justice delayed is justice denied,” he added. Changing face of legal institutions The foremost thing that this pandemic taught us is to expect
However, not all the cases can be heard virtually as some require proper physical hearing, for example cases heard by constitutional bench which requires five judges or more and they mostly have plethora of parties on both petitioner’s and respondent’s side. It is also pertinent to mention that since the pandemic we are more open to technology which we were not comfortable to use before. It can be said that every situation
brings changes and it is always wise to adapt to positive changes and use it for our benefit. Speeding up delivery of justice One thing that Gautam would want to change is curb in filing of cases at Hon’ble Supreme Court of India. Supreme Court of India handles lot of cases daily which in turn renders delay in justice. The Supreme Court is the constitutional court of India. It was formed to look into constitutional matters or matters which are of national importance. However, lawyers and litigants have misused the provisions of Article 32 of Constitution of India –writ jurisdiction of Supreme Court and Article 136 of Constitution of India –Special leave to appeal to Supreme Court from any order of any court in India by filing cases even which are without any substantial matter. This is a need of the hour that Supreme Court should pick and choose the matters to be listed before itself just like it happens in United States Supreme Court. In United States Supreme Court, the court first reviews the cases filed before it and then out of the cases filed, Supreme Court of United
States hear the ones which fall within the corners of point of constitutional and/or federal law or of national importance. The Certiorari Act of 1925 gives the United States Supreme Court the discretion to decide whether to hear the cases filed before it or not. (However, both Indian Supreme Court and United States Supreme Court also have original jurisdiction which are limited to disputes between states or respective countries are party to the international treaties). The same should be applied in India which will eventually give High Courts of all states to settle the matter and decisions rendered by the High Court would be final and binding. It will render justice effectively and without any delay. This is a need of the hour that Supreme Court should pick and choose the matters to be listed before itself just like it happens in United States Supreme Court.
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Legal Aid
16 | November 2020
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Legal
Consultants At Your Service!
I
n our daily routine, we consult with family, friends, colleagues, etc. on various matters. As humans, we have a tendency of taking a second opinion from someone close. Knowingly or unknowingly, consultation has become a huge part of our lives. There are times when we can’t make the right decision or we are not thinking sound. At such times, this second opinion matters the most. Similarly, in a business environment, we make numerous decisions each day. Making sound decisions single-handedly regarding various matters is not quite possible. Here, the role of consultants comes into the picture. There are consultants for various matters in the business industry like, financial consultants, investment advisors, legal consultants, etc.
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November 2020 | 17
Legal consultants allow businesses to make the correct legal decisions. They provide consultation regarding all aspects of the business that include legalities in it. Legal issues are something that all of us like to avoid because they can get tricky and out of control. The services provided by legal consultants are highly valuable to any business organization. Even a small legal mistake can prove to be a big hassle for the business. There are various services that legal consultants provide. Here is an industry-wise breakdown of services that they provide: Corporate Law Legal consultants attend general body meetings, shareholder meetings, board meetings etc. to make sure that all the decisions being made are within the law. Drafting and negotiations of contracts or agreements are also done by legal consultants. They help implementing a legal structure on the level of domestic sales and distribution channels, foreign sales and distribution channels, purchasing from domestic and foreign markets, etc. They keep all the clients’ departments informed and updated about the applicable regulations and legal information for the company to be able to operate in a sound legal way. Labour Law and Industrial Relations Legal consultant services include Labour Law and Industry Relations Consultancy services. At the level of the Human Resource Department, all the administrative documents are legally reviewed and improvements are made. Facilities like legal inspections of all kinds – applications, documents, trade union activities, etc. are available. Services also include any arrangement of legal situation of employees. They also provide assistance in settling possible disputes between employees and the company in compliance with the legal laws. Legal representation of any kind is offered by the legal consultants. Additional support is also given to the partners and executive managers of the company and their
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families in cases of accident, surveillance, labour accidents and other extraordinary cases. Industrial and Manufacturing The industrial and manufacturing sector is large and most of the players face a similar kind of challenge. Legal consultants help anticipate and effectively deal with any operational, project or transaction issues. With their experience of consulting various businesses, they can help you avoid some expected losses or problems. They will give you insight into the issues that you may encounter and ways of how they can be tackled. From the market intelligence and legal know-how they have gained through their work, their advice is practical, legal and commercially viable. International Legal Services and Cross-Practice Services Some legal consultants have foreign law offices which act in cooperation with each other. Such legal consultants or consultancies have the eligibility to provide effective and cost saving legal services. Their services will be useful for companies that have business proceedings or clients in foreign land. Banking and Finance With the ever changing market conditions, each person or organization needs advice regarding the best investments, approaches, new developments, etc. A team of legal consultants provides information in relation to the full spectrum of financial products like acquisition and mergers, assets management, financing for projects, etc. They provide a complete service to firms covering the entire financing needs of clients from small loans to large financing. Regular counseling regarding the latest banking laws and regulations to take clients through business turmoil is done. -Shreevarshita Gupta
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ATTORNEY’S DESK A Go-to Expert for All Your Legal Matters
“
I
f you are resolutely determined to make a lawyer of yourself, the thing is more than half done already.”
Attorney’s Desk owns its existence and success to this quote by Abraham Lincoln. It all began in 2015 with Adv. Radhika Ingole Thakker giving shape to her dreams of being associated with the legal profession with inspiration going as far back as her maternal grandfather who was an Attorney. For company and inspiration, there was also an uncle who was a Judge. An unmistakable sense of propriety and power that they portrayed drove her to take up law as her career and profession. Putting her mind to her chosen profession, she first cleared her LLB in the year 2012 from the Government Law College and started working at a reputed law firm Looking back, she surmises that the experiences during her internship gave her more than she ever expected. Besides everything, it proved the perfect and solid steppingstone to where she is today by providing her valuable and varied work-related experiences. Towards the end, it also kindled in her the fire to go solo professionally. Solo she went with Attorney’s Desk. Thus far, things remained within a tight structure with work being assigned to her by her employers which brought her certain monies at the end of the month. Going solo meant she was entering alien territory. But for those with passion and perseverance, it’s said that things do happen to them, though after a while. Initially taking up cases pro-bono from where-ever they came, she built a body of work, her portfolio while also giving back to society- a feeling close to her heart which she says, gives her immense sense of satisfaction and fulfillment to this day.
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Help during those initial days came from unexpected quarters! Her husband put the infrastructure in place with other members of her family pitching in to keep her away from household chores while she went about raising the sails of her mint-fresh boat to take on the high winds and huge waves. Pro-bono cases good though they are at giving a semblance of mental satisfaction, do precious little to shore up one’s finances, a resource of immense importance especially to a growing concern. Hunger for growth found Attorney’s Desk once again in the prospecting mode. It’s then that they raised their sights and focused on something quite different. With NBFCs, Banks and Financial bodies being formed in ever growing numbers, there’s always a need for competent law firms on their boards as advisors. Empanelment though necessary, is anything but easy to come by. Walking down to the office of every NBFC, Bank and Financial body close by, all they got initially were outright rejections. Perseverance and patience finally paid back when they got their first client, and then another, and another, and so on. Today Attorney’s Desk finds its name prominently displayed on the empaneled list of six NBFCs besides two banks being in advanced stages of negotiations. They also figure on the board of half-a-dozen start-ups and 25+ individual clients. Not bad for an endeavor that just a few years back was running from pillar to post looking for work. Why Attorney’s Desk? On their stupendous success, Adv. Radhika says, “it all boils down to understanding client needs in the minutest
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LEGAL CONSULTANT IN INDIA
and most fundamental of details and providing solutions that are effective in every sense including of course, legal or financial.” According to her, competition in the field being what it is, clients these days get more than they demand, and all that at reasonable costs. In the bargain, clients irrespective of their worth and merit, demand a degree of respect. Keeping all these in mind, they envision a fundamental duty towards their own selves to convert every opportunity arriving at their doorstep. In doing so, they remain obliged to provide the best solutions to their clients which also brings recognition and accolades that they richly deserve.
Adapting to Changes On digitization and all that it promises, she adds that with India’s skewed demographics, not every beneficiary would be technologically equipped to derive the assured benefits in the foreseeable future. Two scenarios she says, are likely to emerge. One, a complete shift online which eliminates limitations that form the bane of our legal system or two, a compromise between the best of online and offline judicial working with a view to dispense justice that is fast, efficient, and cost-effective. Her words to budding legal eagles are “focus on observing and absorbing as much you can. Develop a thirst for knowledge and a hunger to learn. There are no shortcuts to success. Hard work, determination, and regular practice is the key in any profession, which gets exemplified in the case of a career in law.”
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We at Attorney’s desk make an effort to evaluate our client’s need and work hard towards achieving the desired results. Our vision & fundamental principles are helping us to convert every single thing into an opportunity.
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Success to a great extent she goes on to say, is about accepting and using the latest in technology. While being appreciative of the initiatives and the scale of work involved in digitization, the new holy-grail that has everyone hooked, she says a lot may need to be done given that the road ahead is long and the work of transformation still in its experimentation stage.
Adv. Radhika Ingole Thakker Founder
If their past and present sounds exciting, be informed that their future too is. In times to come they shall have offices in other parts of Maharashtra as also India. While doing so, they shall also take up interesting cases sure to bring them accolades and recognition which while strengthening their resolve shall also build their stamina for the long, long haul.
November 2020 | 21
Radhika Arora
Delivering Expert Legal Services with Compassion
Be the change you want to see in the world - Mahatma Gandhi.
T
he Indian Judicial System, over the years, has been facing criticism about being out-dated. But criticising from the outside helps no one and changes nothing. To bring changes one must present solutions and be a part of the system. So when Radhika Arora graduated from one of the top law schools of Mumbai SVKM’s Pravin Gandhi College of Law and started her practice, she knew she needs to act. She entered litigation with a very different perspective of changing the slow and crawling litigations by adopting alternative dispute resolution techniques mainly mediation. And thus began her and her private firm’s journey of bringing justice to those who seek. Distinct Areas of Practice Radhika Arora’s Legal practice is based in Mumbai and Thane and her Firm specializes in criminal law matters like Co-operative housing society matters, Property matters, Family matters, Will/probate/Succession, Intellectual Property rights, Cybercrime amongst several others. The services range from the filing of a Complaint/ Petition/ Suit to conducting the entire trial and finally arguing the matters with tact and expertise of years consolidated into the fine art of Advocacy to meet timely orders and decrees for the clients. The firm has cases across India. Radhika completed her BLS, LLB and holds diplomas in Cyber Laws and Intellectual Property Laws. She is a certified mediator and has certifications in NRI Marriage Laws, Property laws amongst others. Her long experience in a wide range of criminal and civil matters has helped her in developing skilful evidence, explaining in Court every aspect of evidence and tactfully conducting crossexaminations of the witnesses.
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Law and Order in the Present Radhika Arora has observed during her long practice that many times cases are either not properly presented or fought in a court of law due to several reasons ranging from insufficient time to lack of proper and adequate professional resources. This often may prove very dearer in criminal cases where criminal liability is involved. The applications, appeals, petitions, submissions, arguments, evidence and cross-examinations are sometimes prepared and conducted hurriedly risking the quality of the entire case thereof. All this leads to a shortage of qualitative arguments in courts due to work pressure. The difficulties are also being experienced in finding and submitting important and relevant judicial rulings or citations due to lack of resources. On a lot of other occasions, the Written Statements by the accused are not rebutted properly leaving an open-ended argument allowing the case to take a U-turn at a later stage of the litigation. As such, the need of the hour is to streamline the processes and pitch-in efforts at all levels. Digitizing the Process The judicial system has caught up with digitization. An android application called ‘e-Courts’ is already available for cases across the country and are timely updated. It has reduced a lot of human efforts. Radhika adds, “Updates like judges being absent on a certain date can further save a lot of time, energy and resources for advocates and litigants. Filing of plants and other documents online can make a lot of important legal documents vulnerable and therefore it cannot be risked in current scenario with cybersecurity is not at its best, nonetheless, in the High Court the digitalization is seen the most.” Serving a Purpose The biggest social responsibility, as per the firm, on the shoulder of Practitioner of Law, is to make sure that they
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LEGAL CONSULTANT IN INDIA
think of Litigants by putting themselves in their shoes. Secondly, they should try to help judiciary by sharing its load and not adding to its burden of unnecessary cases wherever it can be avoided. Radhika is a part of mediator’s team at a Weekly Free-of-cost mediation forum initiated by Mira-Bhayander police. She also conducts training programs for police officers for interpersonal skills, cybercrimes and ways of collecting evidence in cybercrime cases for police officers. She further intends to continue the same. She also visits law schools as a Guest Lecturer.
As for her firm’s future perspectives, the idea is to establish offices at different locations across the Globe. Also, to help the judiciary by bringing down the number of cases filed every year and reducing the number of outstanding pending cases across the country. It will also bring them great pleasure to be a part of any of the developmental cells of the Government for smooth and better functioning of litigation.
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“
Radhika Arora Founder
It is a full-service legalfirm offering complete one-stop legal remedies for Individuals, Companies and Entities
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For a Better System Radhika’s advice to the new litigating lawyers is “Do not jump into getting higher profits right from the start, Advocacy is indeed a lucrative profession but it also deals with people’s lives and their assets. You must know all the pros and cons of filing a case for your client much before you even start drafting the Plaint.”
November 2020 | 25
The
DENOTATION of
LEGAL
CONSULTANCY 26 | November 2020
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Experts View
T
he Legal Industry in India has been witnessing the most even ul phase of its evolu on during present mes. This phase has been driven by new business opportuni es, the prolifera on of smaller law firms, growth of LPO alterna ves, impending entry of foreign law firms and thus the market is in transi on. This is needless to say that this change has been presen ng newer challenges, which in turn have been se ng off a dire need to be able to manage legal businesses more proficiently in India. The economy in today’s mes has unveiled a plethora of opportuni es for professionals called as legal consultants. This past decade has been profusely called “The decade of legal consultants in the world of lawyers”. So the ques on here is, “what is it that a legal consultant does which is so different from the tradi onal lawyers which we had a decade ago?”. Law consultants use the market to display their legal exper se to clients in a manner that explores the realm outside the tradi onal legal representa on. They have been known to offer legal exper se on significant ma ers such as employment, securi es, governmental compliance
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and structural organiza on. They have also performed “in-house inves ga ons”, which according to legal parlance has been called due diligence. “In simple words, just like preven on is be er than cure, the legal consultant helps you manage and iden fy legal risk, be it personal, professional, corporate, HR, labor-related. Today’s market for legal consultant means the growth in the primary, secondary, ter ary and quaternary sector. This technological growth and numerous other factors are challenging the ini a ve and crea vity of lawyers.” Lately, this large global enterprise that has been opera ng in India needs legal consultants to be able to advise them on ancillary services such as investment advice, consul ng services, and venture capital etc. This has propelled the lawyers away from tradi onal law prac ce and into becoming professional individuals that provide such core competency services. Even law schools have now customized their academics to be based on similar lines. An example being, “Harvard Law School has established the Center on Lawyers and the Professional Services Industry, a first of its kind program in India.” Given today’s economy, recent mes have been demanding both the factors - commerce and employee sa sfac on & security. This has been done by iden fica on of risk and providing/its mi ga on by the legal consultants. All of the employees want to be protected in their professional environment. This sort of awareness towards professional security has led the employer and the employee, to head towards a legal consultant who can brief them about the legal risk involving HR, harassment, labor law and policies etc.
court rooms. “It has moved to the corporate world in a major way with advisory func on in all aspects – professional and personal. Legal Consultants today must provide excellent client service as well as a market to new clients; manage their staff and their finances to be successful.” These lawyers require not only brilliant legal skills and knowledge but also good interpersonal and management skills. With immense globaliza on, the corporate world has also opened up to the demand for “in-house legal consultants” and also for the law firms to cater to the specific needs in Tax, intellectual property protec on, environmental protec on, compe on law, corporate taxa on, infrastructure contracts, corporate governance and investment law. This new concept though existent was almost dormant prior to the last decade. These organiza ons have been completely dependent on their legal consultants to effec vely bring about a safe business plan, finances, tax benefits and employee-related policies by calling out the legal risks and providing mi ga on. “The competency of today’s legal consultant is not confined to Indian jurisdic on like in the old mes and days , but the increased interna onal boundaries of trade has made competency in fields of Interna onal law like Arbitra on, Public law, Human rights, Civil liber es and bill of rights a must.” It has been proof enough and most defini vely evident that in the last few years of the last century this service sector has seen the most exponen al growth in the legal profession. Legal consultants have been not on a growth plan but a flight plan from a career perspec ve.
The legal profession has visibly evolved away from the stereotypical old fashioned way of lawyers only doing li ga on and this process is no longer confined to the
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www.insightssuccess.in
S. K. SRIVASTAV & CO. :
Exhibiting A Tradition of Excellence in the Legal Industry
O
ur properties, our work, running and managing a business social connection, whether they are formal or informal, everything is governed by law. Law controls the establishment, administration, enforcement, and even closure of the businesses. Legal assistance is required not only for legal issues but also for execution of Agreements, Legal Contracts, Understandings, Wills & other legal documents in day to day life and business. In any scenario, clever strategic preparation involves collaborating early with a leading Law Firm to ensure that you and your business are safe from future difficulties. Serving the business realm, our exclusive 2nd Prominent Legal Consultant in India edition is all about that. This story is about a man's legacy of over three decades. We are talking about none other than Mr. Satish Kumar Srivastav and his Full-Service Law Firm S.K. Srivastav& Co., Advocates & Solicitors. Mr. Srivastav had a humble beginning. Starting from a single individual Practitioner, he began to develop steadily, though gradually, and established his Law Firm, a legacy of 35 years. This legacy is now being used to serve people in numerous fields, including, but not limited to Commercial Corporate Arbitration, Dispute Resolution, Intellectual property Real Estate and International subjects. An Erudite Leader Mr. Srivastav has been practicing since 1985 at Bombay High Court, Delhi High Court, Supreme Court of India and Supreme Court of England and Wales. He has a Certificate to practice as a Solicitor in the Supreme Court of England & Wales and was awarded a Fellowship by the International Bar Association. He has a vast experience in Civil, Corporate Writ, and Commercial matters and has appeared and handled matters in several Courts in India and Abroad. He also acts as an Arbitrator and is an accredited Adjudicator and Mediator of considerable experience. 30 | November 2020
Mr. Srivastav asserts “To us ‘success’ means our clients can sleep well at night with confidence that they are in the capable hands of our firm” For the People The Law Firm has succeeded in delivering personalized solutions to their clients in competition with other rival businesses. It is the Firm’s belief that ‘you must resolve the solution rather than giving advice to people to instigate and litigate in the Court’. The Firm’s endeavor is to pursue a way to establish the successful settlement between the Parties. The Law Firm has so far been able to resolve about 60% of the conflicts, and the strategy for others is also the same. This is what the Firm and Mr. Srivastav stand for; for people to get the most out of the cases, outside the Court. Mr. Srivastav says “We have the distinction of negotiating and settling more than 60% of the matters and we continuously strive to settle the remaining others” A Broad Outlook on Digital Law While talking about how the Legal Industry has been coping with the pandemic, Mr. Srivastav cites that the Legal Industry prominently depended on meeting with clients, negotiations and arguing, filing physical papers and mostly relying on analog methods which has taken a severe hit due to the pandemic. According to Mr. Srivastav, India has the Digital technology, but the adoption and usage of Digital technology was limited by Legal Industry. In his views, the Legal Industry was not prepared for something like the pandemic and is striving to adopt and use the technology, but it will take considerable time. The Lawyers were not so used to virtually addressing the Court and are gradually getting used to the new system. Mr. Srivastav strongly advises that the Educational Institutes must stay at the forefront of educating our future generation with usage of Digital technology. www.insightssuccess.in
PROMINENT
LEGAL CONSULTANT IN INDIA
Mr. Srivastav is however quite confident that the Legal Industry will get along with the change in technology. He cites the example of computers and smartphones which were used by few but are now the mainstream devices people cannot live without. Mr. Srivastav asserts "To succeed in the legal profession, a Lawyer should be sincere, hard-working, adaptable and have a passion to learn the law” Additional Information about the Firm S. K. Srivastav& Co. provides tailor-made strategies in Commercial, Corporate, Arbitration & Dispute Resolution, Intellectual Property Rights, Real Estate and International subjects.
The Law Firm is part of several International Networks such as: • World Link for Law • Association of European Lawyers (AEA) • International Bar Association (IBA) • International Law Association (ILA) • International Trademark Association (INTA) • International Intellectual Law Property Association (IIPLA) • Association of Intellectual Property Firms (AIPF) • International Chamber of Commerce (ICC) • International Centre for Alternative Dispute Resolution (ICADR) • Law Asia • Shiparrested.Com The firm has achieved innumerable awards and recognitions, to name a few: • Best Arbitration Law Firm in India- The Lawyers Network (TLN), 2014 • Promising Advocate and Solicitor - Advocate G.M.Shitahatti Memorial Award, 2018
www.insightssuccess.in
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To us ‘success’ means our clients can sleep well at night with confidence that they are in the capable hands of our firm
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The Organization strengthens its foundation by first knowing and then strategizing on the basis of facts and rules and then utilizing enthusiastic lawyers to deliver the right approach. The Firm is serving as a platform for better and more up-to-date views on Indian activities. It has offices in Mumbai and New Delhi with associates in major Indian and worldwide cities.
Mr. Satish Kumar Srivastav
• Business world Global Legal Summit & India Leaders Award, 2019 • Civil Litigation Law Firm of the Year- Corporate INTL Global Award, 2020 Words to Live By Speaking from over three decades of experience, Mr. Srivastav has some strong advice for future generations seeking a law career. He advises that this is a profession that demands hard work and a lifelong learning attitude. He says, “You cannot expect to study four or five years and become a complete Lawyer; you have to continue learning, especially in a country like India where the laws and acts keep changing. To become a successful Lawyer, you must carry a lifelong learning attitude.”
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