As a 19-year-old from Sikkim, I moved to Kolkata to study Law at Calcutta University. As a first-generation lawyer, with no legal eco-system unlike most of my classmates and colleagues, mine was an uphill task of even finding a footing in the profession. Uncountable job rejections by Tier 1 Law firms only made me more resolute. I wasn’t going to give up on a career in direct alignment with my education, just yet or ever.
My initials few years were invested heavily on litigation practise, and spent in trial court rooms, the High Court of Delhi and occasionally at the Supreme Court – covering both the appellate and original side on civil and criminal matters. Fortuitously, I found myself in the company of mentors—who influenced both my work and work ethic. Litigation practise was both challenging and exhilarating, and I strongly urge and advise every law graduate to experience this phase in his or her professional journey. Each day brought in a lot of surprises—both good and not so good. The biggest bonus certainly was the inevitable immersion into learning and unlearning curves—which forms the rock-solid foundation of your professional life. However, over a period of time, you gain clarity on where you’d like your career to go.
As I stood at that professional crossroad, conflicted by choices, some decisions had to be made, and mine was driven by the contentment I found in the corporate world. There has been no looking back since, and I have continued to use my skills, training, experience, expertise to serve diverse companies, and rise through the ranks, with involvement in litigation on a need basis. I, however, continue to read the judgments of various courts and tribunals, not only because I’m interested or for the need to stay abreast of legal matters, but also to remain relevant as a member of the legal fraternity. My two-decade long professional life in the legal field has been humbling and rewarding, and I’m grateful to be able to find opportunities every day to exercise my capabilities and fulfil my potential in a competitive field.
There was a time when businesses— mostly large and medium sized preferred outsourcing to law firms rather than engaging in-house counsel. But then investing in in-house counsel became a common business practice, with the expectation of ensuring legal protection of the entity at all times. But given that businesses do not exist in a vacuum, and nor in stagnation, external factors such as the country’s economy, external regulations and political dynamisms influence its sustainability; and in that the role of the General Counsel has changed and keeps changing from the basic, traditional set function. So, while the General Counsel navigates an advisory role, devises and formulates legal strategy for the diverse litigations that the business is involved in, it also has to predict risks, changes and challenges that destabilize or affect the business and its growth and set in place mitigation plans. You see the GC more and more liaising with the Board, as its role becomes more holistic.
Besides managing their department, sourcing the best of the talent and retaining them, he/ she has the moral responsibility to extend support to those members in the team who are falling behind the growth curve and eventually, ensuring the right person is in the right seat. As a GC, it is also quintessential to understand one’s organisation’s business model, core competencies, the industry in which one’s organisation is doing business and, the competition.
As a GC, it is paramount to understand the balance sheet—the organisation’s financial status. I strongly believe that one should participate in a meeting only if one can add a value to it, which you can do only when you’ve understood the subject under discussion. A meeting needs preparation, and it’s our duty to go to one thoroughly primed. It’s counterproductive to sit through a meeting for long hours, especially leadership meetings where the top line and bottom lines are being discussed, if you’re unaware of the issue at hand, haven’t done your homework or have nothing productive to contribute. The role of the GC is also about establishing integrity and ethics as corporate values, and something as basic as coming prepared to work, being on top of one’s own domain and a know-how of other departments’ affairs not only reflects commitment to work but ensures a robust, well-functioning employee contribution to business stability and a healthy work environment.
AI and ML are inescapable realities, the sooner we acknowledge and embrace it, and the better off we’ll be when it becomes more of the norm than the exception. Instead of looking at it as a threat we need to capitalise on cutting edge technology and use it to our advantage. Law firms and In-house counsels, in the US and European countries are already witnessing its permeance into their work life. AI and ML have affected unprecedented paradigm shifts. It is a matter of fact, that many of our day to day mundane, and time-consuming work activities like document review and management, due diligence and legal research, to name a few, will eventually be picked up by AI and ML, freeing the in-house counsels and the law firm lawyers to concentrate on the more critical responsibilities like advising and negotiating high value transactions. But as humans continue to push the limits of what they can do every day, so will AI and ML—which will get quicker and smarter, and they will be designed for executing bigger and complicated jobs. It’s anyone’s guess now, about the changing landscape of the humans versus machines or humans together with machines spectrum of existences.
To cherry pick a few of the daily key challenges, I’d say making quick and accurate decisions is of paramount importance. Businesses rely on your assessments and conclusions—which they expect to be sound and watertight, and any delay on your part means impacting the effective functioning of the business plan and the enterprise as a whole. Legal advice is a responsibility, and accountability to the decision is fundamental, and once the optimal conclusion has been arrived at, there is absolutely no room for self-doubt.
Let me also make the readers aware, that many a times you are thrown at the deep end, and the easiest answer you can provide is a “No” but, as a GC, it’s your duty to weigh all the options, and provide alternative workable solutions (win-win if you like), for which you need to think outside the box, destroy the box, reimagine the box, all without compromising on the integrity and core values of your organisation. Having said that, it is also equally important to put your foot down whenever required. Lastly and most importantly, you need to recognize and accept that the service experience you provide also influences the dynamics at work. The business team should approach you and your team, not out of compulsion or protocol but because you and your team, are able to inspire confidence in the services you offer, provide the required cushioning effect, delivering predictable quality solutions each time, in the most empathetic and respectful manner, with each interaction, request or consultancy.
While there are many areas, one key issue, which I believe plagues the relationship is – Billing Transparency— that most of the in-house counsels and external clients like you, grapple with. However, to see that a couple of law firms, that I have worked with earlier or I am currently working with, have recognised this elephant in the room and have either worked on and/or are working on to address it is a welcome and extremely positive sign as it builds trust and accountability. At the end of the day, we cannot discount the fact, that we’re in an eco-system where all parties have to co-exist, feel they’ve been treated fairly, and the way to do so is to ensure Billing Transparency and liability.
Given the revolution in the technology space, which I have talked about previously, we recognise that there is no dearth of smart and intelligent tools in the market, but the only way to maintain a relationship with learning, up skilling is making an honest effort to read. Machines can read but not make your think, it cannot make you process information which is unique to every individual, based of our distinct backgrounds and experiences. Education shouldn’t be viewed from the formal sphere of getting certifications and degrees alone. Nothing can replace reading as a means to educate or inform us, at our own time and pace, without the pressure of tests and examinations. Reading as a tool to broaden and update our knowledges systems, beliefs and convictions are irreplaceable. It’s a habit that one must inculcate, if nothing, just to feel alive and challenged. And you could read on any medium, online or physical copies of material. And when I say read, I do not mean confine yourself only to law books, the subjects can vary – it can be on anything— economics, physics, self-help, coaching, management, finance, investments, fiction, non-fiction, novels, comics, and other genres—whichever excites you and gets you motivated. Many books might not enthuse and some may even bore you, but don’t give up on reading just because one piece didn’t do it for you. Pick up the next, then the next and keep going. Of late, besides law books I have taken to investment and finance material—and I find them equally captivating.
I’d like to take the liberty to tweak the question a bit to include fresh law graduates, who’d possibly be testing waters, encompassed in uncertainty, and who might find themselves at a professional crossroad (like I myself once did). First for new graduates, I’d say, invest the first 5-6 years of your career (I know this sounds like a lot of years on paper) knowing there are no shortcuts, without expecting instant results or success. This is the time of discovery—of your own skillsets, your limitations, of your interests, which all help in building a strong legal and work foundation. Don’t shy away from rolling up your sleeves and hitting the dirt. Take up every challenge being thrown at you – whether it be in office or the court rooms and don’t refrain from attempting anything because of the fear of making mistakes, and when you err, own up to it, acknowledge it, but let it be a lesson learnt. As a matter of fact, I encourage my colleagues at work to make mistakes. Mistakes are the only things that make us human, and separate us from machines. Second, the key differentiator between “Learn” and “earn” (not discounting the importance of earning, livelihood, and personal stability), is the letter “L”. When you dedicate yourself 100% to the job and “Learn”, the “earn” comes pre-loaded, but not the other way around. But remember, learn also means to un-Learn, and that is what growth truly means. And third, once you have invested time, sweat and effort, and when you do reach the professional crossroad, you’d be equipped to make informed decisions on your career path, depending on your strength and weakness. You can continue to play to your strengths and work on the weaknesses simultaneously, but know, you can take as many u-turns in your life’s roundabouts and go down every fork in the professional crossroads. Above all, it is very critical to humbly accept and acknowledge that each one of us has limitations, and you want to ultimately answer for yourself, “How can I be the best legal professional with who I am, with what my skills and limitations are, and with what my personal and career goals will be met?” Some will know the answers instantly and some only uncover them along the way, and that is absolutely perfect and there is no shame in that. Life is a journey, not a destination. Enjoy the journey!
Favourite Gadget – iPhone
Favourite App – any Application, which is smart, intelligent and sticky
Favourite Automobile Brand – any brand which takes me from point A to point B without a Break down.
Favourite Writing Instrument – Mont Blanc (in particular Resin Fine liner)
Favourite Holiday Destination – Ironically my hometown – Sikkim
Favourite Cuisine – Hainanese chicken rice (I can eat it anytime of the year, day or night)
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