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The Great Indian Legal Canvas – Well Painted or Blank Enough?

The Great Indian Legal Canvas – Well Painted or Blank Enough?

With liberalization debates and discussions on one side and technology rush foraying into the legal services sector, it was indeed an interesting conversation for Lex Witness with Atul Nigam, Sr. Partner, Chamber of Nigam & Nigam discussing various undercurrents to building a successful law firm environ in a highly regulated country like India. Here’s an interesting read through.

Briefly share with us the journey behind the inception of the firm.

I joined the profession in the year 1990 after doing my graduation in Commerce and Law from Delhi University. Since my first day of joining the profession, I had been into litigating stream of the profession. Not that it was one of the core streams at that time in India as part of the legal profession but for the factthat I always felt it is the most challenging facet of this profession.

As time went by, I expanded my areas of practice which since my initial days had been in civil and criminal litigation with my team of junior and briefing counsels. I always had the vision to expand to cater to the growing areas of practice which came in post-liberalization of Indian economy wherein the clients brought in matters and issues. The expansion into the law firm setup was due to the increased specialized requirement in law in India today with an effective, efficacious and timely resolution of disputes, which is possible only when there are teams of specialized associates in the firm.

What are your thoughts on a law firm built out of family legacy vis a vis a blank canvas.

In the world of continuously evolving and growing law, which demands improving abilities of professionals, one common virtue which is valuable is the requirement of honesty in the legal profession. The family legacy is amongst the chosen bedrock upon which a strong foundation for a law-firm can be built. I being a secondgeneration lawyer can understand its implication in today’s context. From the client’s perspective also, it is a matter of trust and faith over a law-firm having a family legacy as it has a history to check on its antecedents.

At the same time, in law-firms out of family legacy, the trust,and faith amongst partners, is likely to be stronger provided it is carried forward with hard work and keeping in mind that the familial ties are not to be merged with professional duties. That each generation must carry forward the core values of the firm, strive towards excellence and persevere to carve their niche. However, it is not necessary that law-firms which may begin on a blank canvas cannot fare well owing to the lack of any family legacy.

What are your views on the country’s legal and regulatory landscape?

Indian legal system works under multitude legislations which have been in place in view of the multiple requirements as legislated from time to time, since colonial time. Keeping in view the changing patterns of economy and the requirements of its countrymen, our legal and regulatory landscape in the recent years have also seen changes as it has shifted from civil courts to specialized adjudicating authorities in order to provide speedier and effective adjudicative system. Resultantly, there is less strain on the civil courts.

Amongst the few legislations which have and are in the process of bringing about key changes are one in the field of housing and in the form of Real Estate (Regulation and Development) Act, 2016 which has been legislated to bring semblance &to empower the rights of purchaser of real estate, setting up of real estate regulating authority, promotion of real estate sector to ensure that there is efficient & transparent transaction to protect interest of consumer and providing a mechanism for speedy dispute redressal.

Similarly, the setting up of consumer courts pan India has also brought about a favourable change in the rights of consumers and also brought about the clarity of business dealing. The consumer laws have made it easier, faster and cost effective for the consumer claims to be redressed as classifying their institution on the basis of their pecuniary and territorial jurisdiction. Furthermore, there has been an impetus given through The Legal Services Authorities Act, 1987 whereby means of availing justice are not provided to the weaker sections as charity but in the words of the Apex court “a paramount duty of a welfare”, changing the trajectory of access to justice. I am finding a lot of lawyers who are providing free legal services as a part of their duty to society.

The amendments introduced in the Arbitration & Conciliation (Amendment) Act, 2015 and now proposed through The Arbitration & Conciliation (Amendment) Bill, 2018, are part of a modern Indian approach towards the effective and timely dispute resolution to the commercial and legal disputes. It basically shows the adaptabilityof the Indian legislative system to meet up with the growing requirements with minimum interference of courts which address the multi-faceted practical difficulties in view of changing dimensions of disputes at the global level.

The Right to Privacy has also been recognized as a fundamental right, in terms of recent supreme court judgment there has been an earnest move to protect the data privacy which has been identified as a means of revenue generation. The value of customer-related data is to be effectively protected by in bringing in law, requiring to regulate data-driven economy. There has also been a broad structured protective approach to the causes of Environment through The Environment (Protection) Act, 1986 and co-related legislations. The establishment of tribunals under the act has brought about a complete sea change in the approach from one in the past as were limited to purely constitutional remedies being available to the Indian citizenry.

Social order and inter-relationship with the law of various jurisdictions over the world contribute manifold in the ever-changing legislative and regulatory process. In the Indian context, today we are finding a direct impact such as in the areas of human

Rights (women’s issues, gender sensitization and equality in relation to LGBT Community) and implementation of the municipal law in cohesion with international law.

From these few illustrations, we are clearly noticing a positive approach of our lawmakers.

What are your thoughts on the entrepreneurship spirits in the legal services sector?

Today, the law universities in India are following a pattern of education which on comparison is at par with universities abroad. The professionals after completion of their education either the 5-year law course, 3 years post graduate law course or thereafter through Mastersis a confident, competent and better equipped professional than his counterparts of the past years. The education pattern has become practice based that it develops and inculcates professional competence from the time a professional step out into the real world to use his skills. Being armed with all the basic requirements, it is a person’s outlook which draws him to entrepreneurship.

To me, just as the other sectors are changing with time, the legal profession from time immemorial has carried a legacy of solo practice and as such the factors have not changed but it is only a facet or an outlook due to the complex nature of the job which has gone for a change-over.

It is my firm belief that the key to success has no shortcuts and its secret lies in hard work, preparation and to learn from one’s experiences and failures.

Upto what extent can technology enable lawyers in their profession?

Just as in all fields of life, technology has helped the legal profession enormously. Amongst the most admired aspects or gifts of technology is the field of legal drafting, research, correspondences, updating with court proceedings, e-filings etc. Technology has even made inroads in justice delivery system as in the recent judgment of Swapnil Tripathi vs. Supreme Court of India 2018 SccOnline SC 1667 has set down guidelines for live streaming and broadcast of court proceedings. Technology is proving to be an effective tool for legal professionals.

What are the various expertise areas that the firm currently focuses on?

Our law-firm is specializing in commercial, real estate, administrative law, arbitration, insurance and banking, civil rights litigation, environmental laws, consumer laws, criminal defence litigation, employment laws,and intellectual property laws.

Going forward which other practice areas do you plan to build within the firm?

As of now, we are covering varied spectra. Recently, we have introduced the stream to provide pro-bono services in respect of social problems and to help persons with the economically weaker background for which dedicated associates are being introduced in the firm under the guidance of senior partners.

What according to you is a success secret as far as retaining clients is concerned?

Knowledge, perseverance, diligence, hard work and innovative skills all used in combination with an honest approach in getting a favourable result to the client are key secrets for the law-firm to retain clients.

Your advice for the nexgen lawyers of the country

To be successful, you need to be in continuous learning and knowledge gaining process, be disciplined, dedicated, open to healthy criticism, modest and honest. Most importantly, I am a firm believer of the quote, “If you want to earn more, learn more. If you want to get more out of the world, you must put more into the world. For, after all, men will get no more, out of life than they put into it.”

Knowledge, perseverance, diligence, hard work and innovative skills all used in combination with an honest approach in getting a favourable result to the client are key secrets for the law-firm to retain clients

ATUL NIGAM
Sr. Partner, Chamber of Nigam & Nigam

About Lex Witness

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The LW Bureau is a seasoned mix of legal correspondents, authors and analysts who bring together a very well researched set of articles for your mighty readership. These articles are not necessarily the views of the Bureau itself but prove to be thought provoking and lead to discussions amongst all of us. Have an interesting read through.