Podcasts & Interviews

Podcast with Abhishek Nema, Legal Counsel at BioUrja Trading LLC.

Step into the Legal Realm: A Conversation with Abhishek Nema

Welcome to the LexDiscuss Cafe, where legal conversations percolate over steaming cups of insights! β˜• In this episode, our host, Avinash Tripathi, engages in a stimulating dialogue with the brilliant Abhishek Nema, Legal Counsel at BioUrja Trading LLC. Get ready for a riveting discussion that bridges the gap between the courtroom and the corporate boardroom.

From Courtroom to Corporate: A Legal Journey

Abhishek shares the motivations behind his transition from practicing in the High Court to becoming an in-house counsel. Explore how his courtroom experience has influenced his approach in navigating the corporate legal landscape, offering valuable insights into the synergy between litigation and corporate counsel roles.

Community Mediation: Resolving Disputes Beyond Litigation

Discover how Abhishek’s community mediation skills played a pivotal role in resolving a pre-litigation dispute, showcasing the power of alternative dispute resolution methods in achieving favorable outcomes.

Animal Lawyers: A Whimsical Exploration

If animals pursued legal careers, which species would excel as litigators, and which would thrive as in-house counsel? Let’s embark on a whimsical yet thought-provoking journey into the realm of animal lawyers, exploring their hypothetical roles within the legal domain.

Evolving Legal Landscape: Reflections from Experience

With extensive experience, Abhishek reflects on how India’s legal landscape has evolved over time, offering valuable insights into the dynamic changes shaping the legal profession.

Mentorship and Knowledge Sharing: Fostering Growth in the Legal Community

Abhishek shares insights on mentorship and the importance of knowledge exchange within the legal community, emphasizing the role of guidance and collaboration in nurturing future legal talent.

Work Culture Insights: Addressing Challenges in the Legal Sphere

Explore the challenges faced by juniors in litigation and law firms as Abhishek sheds light on this intriguing aspect, offering perspectives on fostering a supportive and conducive work culture.

Rapid-Fire Round: Insights into Abhishek’s World

  • Crayon Color: If Abhishek were a new crayon, which hue would he be and why?
  • Legal Laughter: Abhishek shares the funniest legal anecdote from his illustrious career.
  • Superhero Aspirations: If he could be any superhero, what powers would he wield?

Best Professional Advice: Nuggets of Wisdom

Abhishek shares the most impactful advice he’s received on his legal journey, offering invaluable insights for aspiring legal professionals.

Join us for a cup of legal wisdom! Whether you’re a seasoned practitioner or a legal enthusiast, this episode promises insights, laughter, and a dash of superhero flair. πŸ¦Έβ€β™‚οΈπŸ”


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Welcome to LexDiscuss Cafe, the podcast where we dive deep into the legal world, unraveling

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complexities, and shedding light on fascinating legal stories.

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This is your host, Avinash Tripathi, and today we have a remarkable guest joining us, Mr.

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Abhishek Nema. He is a seasoned legal expert with over a decade of experience and he has

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wore multiple hats in the legal arena. From practicing law in the High Court to becoming

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an in-house counsel, Abhishek has done it all. He is not only adept in legal subjects

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but also an efficient manager, keen observer, and an amazing negotiator.

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But that's not all. Abhishek isn't just about legal jargon and courtrooms. In his spare time,

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he transforms into a wordsmith, a Hindi writer who weaves poems and stories.

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Yes, you heard that right. Legal documents by day, lyrical verses by night. So whether you're

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a legal enthusiast, a curious mind, or simply someone who appreciates the power of words,

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this podcast episode promises to be a delightful journey.

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Buckle up as we explore legal intricacies, unravel our guests' unique experiences,

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and maybe even sneak in a poetic line or two. Without further adieu, let's start this podcast.

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So Abhishek, thanks a lot for joining the podcast. It has been a privilege to host you as a guest.

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Thank you so much, Avinash.

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It's completely our pleasure. So let's jump right in. What motivated you to shift from

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practicing in High Court to becoming an in-house counsel? And how has your courtroom experience

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shaped your approach in the corporate legal world?

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So Avinash, frankly speaking, my first love was litigation.

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Okay.

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So when I moved after the college, I started to practice before the Jabalpur High Court,

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and the other district court in the Madhya Pradesh High Court. That I decided during my law college

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that I will practice, I will go back to Madhya Pradesh, and I will start practice there. Then

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I joined a chamber of relatively young lawyer who would have a decent number of cases being

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handled by him. And during my litigation practice, what I realized, the legal world is not as same

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as we are told in the college. I noticed that the clients prefer more experienced lawyers. They do

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not care from which college you have passed out. And if you are in the second or third generation

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of a lawyer family, you will have their own client from the beginning. But I am the first

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generation lawyer. So what I realized, it will take me another five years to build a name in the

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bar, where I will have my own client with decent money. So I need some money in backup to

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survive for these five years. But unfortunately, what happened, my father had to take VRS due to

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the health issue. And it was not today that I asked him to send me more money for the next five

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years. So that time I got an opportunity with Ruchi Soya Industries Limited. I interviewed there.

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They were looking for some trademark attorney. And during my college, I worked on some IP matters

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during my internship. So I got selected. And this is the way I came into corporate legal world. So it is

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basically not motivation. It was the circumstances because of this, I came into corporate legal department.

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Wow, such an honest response. And quite true. The experience that you had is experienced by a lot

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of lawyers who joined litigation and then turned into the in-house counseling. Right. And now

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coming to your second question, the courtroom experience helped me to certain extent in the

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corporate legal world. See, when you joined in-house in some corporate legal, the first thing, my first

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was told to me. Okay. But what helped me, that is, I learned two things during my litigation practice.

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That was the client counseling and finding the right bench. Okay. When I was working in-house

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counseling, so what we are supposed to do, we are supposed to gather and collect information from the

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internal stakeholders of the company whenever the legal problems comes. Right. We need to counsel

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them. The skill that I learned from my senior for the counseling, I utilized that in the in-house

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role. And you have a problem and you have filed some court cases. You need to find out what is

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the root of the judge. See, a lawyer knows the law and a good lawyer knows the judge. This is the

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basic fact. So we keep patience. Whenever we appear in the court with our external advocate,

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we first try to find out what would be the mood of the judge today. And if we say that something

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is going unsavorable, we try to delay the things. And whenever we find the right judge, are we saying

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that now the jury made past some order in our favor, then we put our case. So this is the

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two things that I learned during my litigation practice. And the third most important thing,

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that is the drafting. So when I joined my senior in litigation, I was drafting from the first day

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because I learned drafting during my internship in the college. So when I joined in-house role,

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what was the trend that time in Ruchi Soya and also most of the company in around 2011 and 2012.

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The in-house counsel used to work as a postmate between the external counsel and the company.

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They were giving all the information to the external counsel and every work being done by

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the external counsel. But I denied that I can add value to the company in this case. So what I

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started, I was given mostly the trademark portfolio. So I observed how my external counsel was delayed

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for these matters. And then I said, I understand my boss. Why not? I can start filing trademark

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application on my own. I can start drafting opposition, counterstatement,

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and the affidavits on all these, which are related for the trademark practice.

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And we hired the external counsel only in case of the hearing. That helped me a lot to grow in

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the organization. And it proved my worth. And you want to believe after one year, I got 52% increment

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in the organization. That's it. That is the key. I completely understand that must be quite rare.

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Abhishek, you know, you shared an honest story. And you know, the position you were in,

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that you have been practicing for a couple of years in litigation, and then you see that if I am a

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first-generation lawyer, it will take me 5-6 years. And then you seek a transition from litigation to

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a corporate role, or at least a role where you're earning a living wage.

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So how should they approach this?

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See, first and foremost thing, you should read, as much law as you can.

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If you find out some good senior who can pay you well, at least a minimum wage. And if you're not

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paying, you can think about moving to the in-house because the in-house company pay you that decent

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salary in the beginning, but you need to plan the interview. So for that, you need to get the

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knowledge of law. So I always suggest people to come prepared in an interview with the legal

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knowledge. If you don't have legal knowledge, no company will entertain you.

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Very wise words there, Abhishek. When you say legal knowledge, are we supposed to

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memorize all the bare acts? Are we supposed to keep updated with the latest judgment?

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It is not the case.

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So can you be a little more specific as to when you say you should have legal knowledge,

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what exactly that knowledge is?

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You should have the basic knowledge, basic concept you must know. You should know what

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is the case. We are talking about the law of contact. You must know what is the free consent.

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If the consent is not there in the context, what would be the outcome?

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What is the liquidated damages? What is the representation and warranty?

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So these are the basic concepts you need to know. How the documents are exhibited.

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These are the basic concepts. You need not mug up the section. You need not remember the

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section number. Even you do not need to remember the title of the case law.

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Only you need to know what is let down in that particular case law.

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Exactly. Because when you need, you can always do a little bit of legal research and find out.

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So in your experience, what are the best sources to gather these basic concepts?

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See, generally what I do, there are some legal articles are there. There are books are there.

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So whenever a problem comes, what I do, I read the provision.

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I read the commentary of that provision and find out some cases.

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When you read the case, you find some other cases.

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And this is the way your knowledge will enhance.

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Wow.

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And so this is the only thing that you can do.

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Reading, reading as much you can, right?

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You have to read anything.

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Right.

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As long as it's not a magazine or something on Instagram, right?

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No, no. Even if you are reading a magazine, you can get some good content from there also.

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Right.

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There can be useful in future or any of the dispute

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or any of the legal problems that you face in your day-to-day life.

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Right. But if it is a legal magazine, I'm talking about like...

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Not only legal magazine. See, we cannot read the legal things always.

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You will get irritated. You will get bored.

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Right.

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So sometimes you have to read something that you like.

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Yeah.

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So you will gain the habit of the reading with that.

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Absolutely. I agree.

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Like, if you are in that phase where you don't even have the habit of reading,

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just read anything, right? Just build that habit.

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And once you have inculcated the habit of reading,

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then you start to focus on, you know, which are like, you know,

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core to your subject or the thing that you're trying to master.

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And one of the things that I have experienced in my professional career

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is that there is a very specific reason that we have to do a graduation before doing law.

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So you need to have some kind of understanding of how society, how history works.

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What has happened in the past 200, 300 and 400 years

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to kind of understand why these laws are the way they are.

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So if you are in that habit building phase, what I'll say,

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reading history books or political science book or even philosophy,

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everything will help you.

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Yes, as you think that Roske-Portn had said,

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lawyer is a social engineer and you need to balance the different aspects of the society.

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So you need to know what the society is.

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Very well said.

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Moving on to the next question, you have mentioned that you are a community mediator.

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Can you share an experience where your skills as a community mediator

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were crucial in resolving a pre-litigation dispute?

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First, I discussed what is this community program, right?

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So during the first phase of the COVID-19, somewhere in June 2020,

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MP Salsa, they thought that they need to train some members of different communities,

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different casts, so that they can resolve the dispute

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between their community members at the pre-litigation state itself.

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And our community, that the NEMA community was one of them,

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and we were the first, we were the pioneer.

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So around 20 people from my community, from them, some were the advocates,

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I was the in-house counselor, there were some social workers.

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They were given 20 hours training of mediation.

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Generally, to become a mediator, you need 40 hours training,

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but we were given a stop training of 20 hours.

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That is the case.

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And after that, we established the Pro-Verno Mediation Center

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in different cities in the Madhya Pradesh.

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So what happens whenever there's a dispute,

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and people know that the community has a mediation center,

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they approach us.

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So what happened, just there one case,

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one of the community members, he was having a restaurant.

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And during COVID-19, what happened, that his business was affected,

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and he could not pay his staff.

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So naturally, a dispute arose between the owner of the restaurant and the staff.

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And the staff threatened that if you do not pay, I will go to the police.

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This is the thing that the normal people will do.

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And that person came to us, and we told that we can resolve your dispute,

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if provided your staff also comes to our center.

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And fortunately, the staff also came.

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Then we consulted both of them.

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We had a talk with them.

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We arrived in the mediation, generally, during the joint session,

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when you conduct a session in front of both the parties,

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and there is a single session.

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The single session, you meet one party at one time.

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So in single session, what we came to know that

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the result of the dispute is something else.

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It is not the case that the staff was not paid.

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So what we came to know for the last three years,

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the owner did not increase the salary of the staff.

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So that was the actual reason that we came to know in the single session.

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Then we talked to the owner and told that

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whether you want to return the staff or not.

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He told that he very well needed the staff.

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Because of the COVID-19 situation, there is a shortage of staff also.

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So then we told him that why don't you offer an increase in the salary?

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And if you increase, we think that they would be ready to serve you.

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And he won't file any case or he won't take any extra money with you.

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He also agreed.

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We made a settlement agreement.

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And till now, I know that that staff is serving that restaurant.

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So this is the way that when you mediate,

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you will find out the actual vision of the dispute

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may be something else.

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And something else is presented before the forum.

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If you go to the normal course, you will get the outcome

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what you present to the court.

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You won't get the actual remedy that you are looking for.

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Because it is never the case the lawyer will hold your case

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according to the law and according to their convenience.

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But in the mediation, you will find out the actual remedy.

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And that can be fruitful and long-serving for your business and for you.

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Wow, very great insights there.

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Now let me ask you a fun question.

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If animals would pursue legal careers,

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which species do you think would excel as litigators?

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And which animal would be suited for an in-house council role?

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This is something, I think there are what we call the fox.

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The foxes are very much suited to the litigation thing.

204
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Because they are cunning, they know each and every thing.

205
00:14:35,660 --> 00:14:38,140
And if you think about the in-house,

206
00:14:38,140 --> 00:14:42,220
it would be elephant that would be suited for the in-house role.

207
00:14:42,860 --> 00:14:45,500
Wow, they're diplomatic and have a great memory.

208
00:14:45,500 --> 00:14:46,700
Great answers there.

209
00:14:46,700 --> 00:14:47,740
Great answers there.

210
00:14:48,380 --> 00:14:51,580
Abhishek, we all know that you have extensive experience.

211
00:14:51,580 --> 00:14:53,900
Since you graduated from law college,

212
00:14:53,900 --> 00:14:58,060
how have you observed the legal landscape evolve, especially in India?

213
00:14:59,420 --> 00:15:01,260
If we see that in India,

214
00:15:01,260 --> 00:15:04,780
we have borrowed all the concepts from the English system.

215
00:15:04,780 --> 00:15:06,860
The court system that we are following,

216
00:15:06,860 --> 00:15:09,180
that is all given by the Britishers.

217
00:15:09,180 --> 00:15:12,700
And before the Britishers, they were having their own panchayat system.

218
00:15:12,700 --> 00:15:16,620
So the Britishers developed the system for their own convenience.

219
00:15:17,580 --> 00:15:20,540
Because the people were agitating against them.

220
00:15:22,380 --> 00:15:25,180
Establish a support system where you can punish the people.

221
00:15:26,380 --> 00:15:28,940
But when we got the independence.

222
00:15:28,940 --> 00:15:31,340
What we did, we copied all the systems from them.

223
00:15:33,580 --> 00:15:35,500
We were copying everything from them.

224
00:15:35,500 --> 00:15:36,300
We copied it.

225
00:15:36,300 --> 00:15:41,340
And then we did not think what is required to be suited to our present society.

226
00:15:41,340 --> 00:15:42,860
We did not think about it.

227
00:15:42,860 --> 00:15:45,100
But when we developed the board,

228
00:15:45,740 --> 00:15:47,980
and also there is change in the governance,

229
00:15:47,980 --> 00:15:50,860
you can see that when the arbitration act was enacted.

230
00:15:50,860 --> 00:15:55,180
So there are some more concepts that we are following from a long time.

231
00:15:55,180 --> 00:15:59,420
Even in 1996, we adopted some of the things from the 1950 act.

232
00:15:59,420 --> 00:16:03,980
But when this 2015 and 2019 amendment came,

233
00:16:03,980 --> 00:16:05,980
you will see that in 2019,

234
00:16:05,980 --> 00:16:08,700
there is a concept of the Arbitration Council of India.

235
00:16:08,700 --> 00:16:10,300
Generally, what happens today,

236
00:16:10,300 --> 00:16:14,700
the arbitrators when there is no agreement or after the dispute party do not agree,

237
00:16:14,700 --> 00:16:17,660
you need to approach under section 11 report the high court.

238
00:16:17,660 --> 00:16:20,540
And the high court will appoint the arbitrator.

239
00:16:20,540 --> 00:16:23,020
And it is a time-consuming process.

240
00:16:23,020 --> 00:16:26,860
So in 2019 act, there is a concept of the Arbitration Council of India

241
00:16:26,860 --> 00:16:28,620
and the Arbitration Institute.

242
00:16:28,620 --> 00:16:29,980
And there is a grading system.

243
00:16:30,940 --> 00:16:33,820
Now, if this is implemented and not enforced yet,

244
00:16:33,820 --> 00:16:39,020
the Arbitration Council of India has been notified about it that it starts functioning.

245
00:16:39,020 --> 00:16:40,540
So once this will happen,

246
00:16:40,540 --> 00:16:43,180
you need not approach under section 11 to the high court.

247
00:16:43,740 --> 00:16:47,020
In our old times, there was a punchayat system.

248
00:16:47,020 --> 00:16:49,020
So whenever the dispute occurred,

249
00:16:49,020 --> 00:16:53,340
no people would go to the king and tell him to give us a punch

250
00:16:53,340 --> 00:16:55,020
which would settle our dispute.

251
00:16:55,660 --> 00:17:00,060
There was society, there were bodies who were having their own punch.

252
00:17:00,060 --> 00:17:04,700
We say that this arbitrator is the invitation of our old punch-ass system.

253
00:17:04,700 --> 00:17:06,220
This is not exactly the case.

254
00:17:06,860 --> 00:17:08,540
That time, there was separate body,

255
00:17:08,540 --> 00:17:11,580
there was separate community who were having their own punch.

256
00:17:11,580 --> 00:17:15,980
And who used to pronounce the judgment which was obeyed by the people.

257
00:17:15,980 --> 00:17:19,260
And only in rare cases, people were going to the king.

258
00:17:19,260 --> 00:17:20,220
That was the system.

259
00:17:20,780 --> 00:17:23,100
But what is happening in our system,

260
00:17:23,100 --> 00:17:25,580
the arbitration party approach to the high court

261
00:17:25,580 --> 00:17:27,900
and the high court will appoint the arbitrator.

262
00:17:27,900 --> 00:17:32,460
So this is the case that I think we need redefine our law

263
00:17:32,460 --> 00:17:34,620
as per our needs, as per our system.

264
00:17:34,620 --> 00:17:38,860
And we need not blindly copy what has been given by Britishers to us.

265
00:17:39,820 --> 00:17:41,660
Wow, very wise words.

266
00:17:41,660 --> 00:17:43,260
Great insights there, Abhishek.

267
00:17:43,260 --> 00:17:46,620
I don't know, one of the things that I found really irritating

268
00:17:46,620 --> 00:17:49,100
when I was also litigating was that, you know,

269
00:17:49,100 --> 00:17:55,500
our insistence on wearing black suits in the hot summer of Delhi.

270
00:17:55,500 --> 00:17:56,300
Summer?

271
00:17:56,300 --> 00:17:59,020
Why don't you ask them let me wear Kurta and Pajama

272
00:17:59,020 --> 00:18:00,460
That would be the case.

273
00:18:00,460 --> 00:18:04,060
Which is suited for the climate of our own country, right?

274
00:18:04,060 --> 00:18:04,700
Yes.

275
00:18:04,700 --> 00:18:05,660
And one more thing,

276
00:18:05,660 --> 00:18:09,020
why do we have English language in the Supreme court and High court?

277
00:18:09,020 --> 00:18:11,500
In the high court, we can have the native language.

278
00:18:11,500 --> 00:18:14,940
In the Supreme court, we can Hindi or we can also have the other language.

279
00:18:14,940 --> 00:18:18,300
We say that the people in the south, they do not understand Hindi.

280
00:18:18,300 --> 00:18:20,140
So they also may not understand English

281
00:18:20,140 --> 00:18:22,300
because English is also foreign language to them.

282
00:18:22,300 --> 00:18:24,700
And why do not we adopt Sanskrit in that case?

283
00:18:26,460 --> 00:18:30,060
Sanskrit, that's a controversial opinion.

284
00:18:30,060 --> 00:18:33,660
That is a controversial opinion, but you can use English.

285
00:18:33,660 --> 00:18:35,020
It is also a foreign language.

286
00:18:35,020 --> 00:18:37,340
Why not use the other language of the country?

287
00:18:37,900 --> 00:18:39,500
Right, exactly.

288
00:18:39,500 --> 00:18:42,140
And you know, some people from the south will argue

289
00:18:42,140 --> 00:18:45,900
that Tamil is actually older than Sanskrit.

290
00:18:45,900 --> 00:18:47,660
So Tamil should be the default language.

291
00:18:47,660 --> 00:18:50,380
But yeah, it should be the Indian language.

292
00:18:50,380 --> 00:18:52,060
That's exactly what my point is, right?

293
00:18:52,700 --> 00:18:55,500
I don't care whether it is Sanskrit or Tamil,

294
00:18:55,500 --> 00:18:57,500
but it would be better than English.

295
00:18:57,500 --> 00:18:59,500
But unfortunately, that's not the case.

296
00:19:00,300 --> 00:19:03,260
So moving on from very insightful answer,

297
00:19:04,060 --> 00:19:06,780
we have been told from verified sources

298
00:19:06,780 --> 00:19:09,900
that you are really concerned about mentorship

299
00:19:09,900 --> 00:19:13,180
and knowledge sharing within the legal community.

300
00:19:13,180 --> 00:19:14,940
Why do you think it's so important?

301
00:19:16,060 --> 00:19:19,420
See, what I think in the legal profession,

302
00:19:19,420 --> 00:19:22,540
nobody will teach you how the law is practiced.

303
00:19:22,540 --> 00:19:26,060
So it is not basically that giving lecture to your juniors

304
00:19:26,060 --> 00:19:29,020
and make them prepare for the legal problem.

305
00:19:29,100 --> 00:19:31,820
It is the mentor that you have to mentor them

306
00:19:31,820 --> 00:19:33,260
and how it can be mentored.

307
00:19:33,260 --> 00:19:34,940
When you are a litigating senior,

308
00:19:34,940 --> 00:19:37,740
what you will give, you will give them the brief.

309
00:19:37,740 --> 00:19:39,660
Okay, they will read the brief

310
00:19:39,660 --> 00:19:43,500
and they will find out how you have drafted a particular case

311
00:19:43,500 --> 00:19:46,140
and how you have argued just before the court

312
00:19:46,140 --> 00:19:48,620
and that you expect your junior.

313
00:19:48,620 --> 00:19:50,140
They ask some query.

314
00:19:50,140 --> 00:19:52,140
They ask the question whatever they have

315
00:19:52,140 --> 00:19:53,820
and then you satisfy them.

316
00:19:53,820 --> 00:19:55,900
Similarly, when I am in the in-house role,

317
00:19:55,900 --> 00:19:57,500
for example, there is a contract

318
00:19:57,500 --> 00:19:59,260
which had come for review to me

319
00:19:59,260 --> 00:20:01,020
and I have given it to my junior

320
00:20:01,020 --> 00:20:02,380
that you make the first review,

321
00:20:02,380 --> 00:20:04,380
I will make the second review of it.

322
00:20:04,380 --> 00:20:08,860
So my junior has given certain point he edited the document

323
00:20:08,860 --> 00:20:11,500
and then what I will do, I will review it

324
00:20:11,500 --> 00:20:14,300
and I will not tell, what mistakes you have done.

325
00:20:14,300 --> 00:20:15,900
I will just reply to it

326
00:20:15,900 --> 00:20:20,540
and will ask my junior to find out what changes I am making.

327
00:20:20,540 --> 00:20:23,180
If you have any question, you can come to me.

328
00:20:23,180 --> 00:20:26,940
I will satisfy you why some of your changes were discarded

329
00:20:26,940 --> 00:20:28,460
or I further edited.

330
00:20:28,460 --> 00:20:31,100
So this is how the knowledge is transferred

331
00:20:31,100 --> 00:20:32,620
in the legal profession.

332
00:20:32,620 --> 00:20:35,100
So this is exactly the mentorship case.

333
00:20:35,100 --> 00:20:37,020
This is not that I am giving the lecture,

334
00:20:37,020 --> 00:20:39,340
what is this concept, what is that concept

335
00:20:39,340 --> 00:20:41,340
that I presume that they should know

336
00:20:41,340 --> 00:20:42,860
and they should read by themselves.

337
00:20:43,900 --> 00:20:46,540
Wow, you touched a very real topic.

338
00:20:47,180 --> 00:20:49,420
One of the things which used to baffle me a lot

339
00:20:49,420 --> 00:20:52,540
is the work culture that we have in litigation and law firm.

340
00:20:53,100 --> 00:20:55,420
Because you have seen that transition

341
00:20:55,420 --> 00:20:59,100
and in a limited aspect even I have seen that transition.

342
00:20:59,100 --> 00:21:00,540
Why do you think that's the case?

343
00:21:00,540 --> 00:21:04,940
Why in litigation, the juniors are treated so badly

344
00:21:04,940 --> 00:21:07,420
or is it just my misunderstanding that's not the case?

345
00:21:08,620 --> 00:21:11,660
Though I tell you one of the senior in the NP Hypo

346
00:21:11,660 --> 00:21:15,340
he used to say that the lion gives his to anybody.

347
00:21:16,860 --> 00:21:17,900
This is the answer.

348
00:21:18,780 --> 00:21:20,140
That's right but yes.

349
00:21:20,140 --> 00:21:21,020
Yes, yes.

350
00:21:21,020 --> 00:21:21,820
So this is the thing

351
00:21:21,820 --> 00:21:24,300
because they are also treated by their senior in that way.

352
00:21:25,260 --> 00:21:28,380
Your father beat you, so you beat your child.

353
00:21:28,380 --> 00:21:30,780
This is the thing which is coming from the generations.

354
00:21:31,660 --> 00:21:33,660
But now the things have started to change.

355
00:21:33,660 --> 00:21:35,580
I am seeing that some of the seniors

356
00:21:35,580 --> 00:21:37,740
they are paying not very good amount

357
00:21:37,740 --> 00:21:39,500
but as per their arrangement

358
00:21:39,500 --> 00:21:42,700
they are saying that they are able to meet the requirement.

359
00:21:42,700 --> 00:21:44,860
So this is the case now the trend is changing

360
00:21:44,860 --> 00:21:48,460
and I hope that it will encourage junior to be in litigation.

361
00:21:49,900 --> 00:21:53,900
So do you think litigation has a worse work culture

362
00:21:53,900 --> 00:21:56,540
than the average corporate legal department in India?

363
00:21:57,500 --> 00:22:00,140
The litigation work culture I am talking about

364
00:22:00,140 --> 00:22:03,020
when you are practicing as a lawyer you will learn a lot.

365
00:22:04,140 --> 00:22:06,380
As far as the legal things are concerned

366
00:22:06,380 --> 00:22:08,060
but when you go into in-house

367
00:22:09,020 --> 00:22:11,660
not only the legal thing you will also learn the other thing.

368
00:22:11,660 --> 00:22:12,860
You will learn accounting.

369
00:22:12,860 --> 00:22:14,300
You will learn management.

370
00:22:14,300 --> 00:22:15,500
You will learn marketing.

371
00:22:16,060 --> 00:22:17,420
No, that's absolutely fine

372
00:22:17,420 --> 00:22:19,260
but it's about the learning aspect.

373
00:22:19,260 --> 00:22:21,260
I am talking about the work culture.

374
00:22:21,260 --> 00:22:23,180
Like I have seen firsthand that

375
00:22:23,180 --> 00:22:24,940
a junior makes a mistake

376
00:22:24,940 --> 00:22:27,660
and his senior is literally shouting at him

377
00:22:27,660 --> 00:22:29,100
or her for that matter.

378
00:22:29,100 --> 00:22:31,660
But if you work in a corporate department

379
00:22:31,660 --> 00:22:35,660
then maybe you don't feel so much pressure.

380
00:22:35,660 --> 00:22:36,620
Is this true?

381
00:22:36,620 --> 00:22:37,420
Does this happen?

382
00:22:38,220 --> 00:22:39,260
Sometimes it is, such.

383
00:22:39,260 --> 00:22:41,580
But by luck my senior in litigation

384
00:22:41,580 --> 00:22:43,260
he was not about that.

385
00:22:43,260 --> 00:22:47,420
So what happened in one of the cases he asked me to appear

386
00:22:47,420 --> 00:22:48,460
there was a confusion.

387
00:22:48,460 --> 00:22:51,180
I forgot on whose behalf I was appearing.

388
00:22:51,180 --> 00:22:52,860
They did not meet anything.

389
00:22:52,940 --> 00:22:55,020
And what happened that case was dismissed.

390
00:22:55,020 --> 00:22:55,580
Okay.

391
00:22:55,580 --> 00:22:57,180
Then my senior just told me

392
00:22:57,180 --> 00:22:58,940
that because of your mistake this happened

393
00:22:58,940 --> 00:23:00,700
but happens it is not a problem

394
00:23:00,700 --> 00:23:02,860
but you need to be very careful in the future.

395
00:23:02,860 --> 00:23:03,980
Did not shout at me.

396
00:23:04,700 --> 00:23:05,500
Okay.

397
00:23:05,500 --> 00:23:06,540
But I tell you

398
00:23:06,540 --> 00:23:09,180
there are some super senior in the litigation

399
00:23:09,180 --> 00:23:11,100
they think that if they shout their senior

400
00:23:11,100 --> 00:23:12,540
it will make their reputation.

401
00:23:12,540 --> 00:23:14,700
This is the case I have also seen.

402
00:23:14,700 --> 00:23:16,620
But when you are the in-house counsel

403
00:23:16,620 --> 00:23:18,620
so your boss is also an employee.

404
00:23:18,620 --> 00:23:20,060
So company has a culture.

405
00:23:20,780 --> 00:23:21,100
Yeah.

406
00:23:21,660 --> 00:23:25,500
So then boss also has to be responsible to the management.

407
00:23:25,500 --> 00:23:25,820
Yeah.

408
00:23:25,820 --> 00:23:28,700
And I think very hard to find the resources

409
00:23:29,420 --> 00:23:30,140
in the market.

410
00:23:31,660 --> 00:23:32,860
If you shout at them

411
00:23:32,860 --> 00:23:35,740
there is always a possibility that you will lose them.

412
00:23:35,740 --> 00:23:38,060
So this is the thing that in-house

413
00:23:38,060 --> 00:23:41,340
you have a modest work culture just in comparison to the litigation.

414
00:23:42,220 --> 00:23:42,540
Wow.

415
00:23:43,180 --> 00:23:44,780
Very real insight.

416
00:23:44,780 --> 00:23:46,380
Because you know what used to happen like

417
00:23:46,380 --> 00:23:49,500
when I was litigating or interning under some senior

418
00:23:49,500 --> 00:23:50,300
so they will say like, you must know this already.

419
00:23:51,820 --> 00:23:53,820
and even he knows and I know that

420
00:23:55,820 --> 00:23:57,260
and if I knew all this,

421
00:23:57,260 --> 00:24:00,220
then why would I be working with you for free?

422
00:24:00,220 --> 00:24:01,100
It's like you know

423
00:24:01,100 --> 00:24:03,740
few years later when I was hiring people for marketing role

424
00:24:03,740 --> 00:24:04,860
or for sales role

425
00:24:04,860 --> 00:24:06,860
and I used to say that you should know all this.

426
00:24:06,860 --> 00:24:09,660
They used to say, sir this is your work culture.

427
00:24:09,660 --> 00:24:12,940
As an organization it is your responsibility to teach me.

428
00:24:12,940 --> 00:24:13,180
Right.

429
00:24:13,180 --> 00:24:13,740
Yeah.

430
00:24:13,740 --> 00:24:16,060
If you teach me a couple of times

431
00:24:16,060 --> 00:24:17,580
and I am not doing it after that

432
00:24:17,580 --> 00:24:18,620
then it is another thing.

433
00:24:18,620 --> 00:24:19,340
Dont expect it the

434
00:24:19,340 --> 00:24:20,780
first time from me

436
00:24:20,780 --> 00:24:22,300
See even in the house

437
00:24:22,300 --> 00:24:25,180
when we have any junior commits a mistake first time

438
00:24:25,180 --> 00:24:26,460
we accept it.

439
00:24:26,460 --> 00:24:27,820
The second time he commits

440
00:24:27,820 --> 00:24:29,660
we will ask him to rectify it.

441
00:24:29,660 --> 00:24:31,420
But third time when he commits

442
00:24:31,420 --> 00:24:32,620
I will take a class.

443
00:24:32,620 --> 00:24:34,060
That is my work culture.

444
00:24:34,940 --> 00:24:35,580
That's fair.

445
00:24:35,580 --> 00:24:37,180
That's where I can understand.

446
00:24:37,180 --> 00:24:37,500
Yes.

447
00:24:37,500 --> 00:24:37,820
Yes.

448
00:24:38,380 --> 00:24:41,180
So as we are running out of time

449
00:24:41,180 --> 00:24:43,820
this is the time for rapid fire question.

450
00:24:43,820 --> 00:24:45,660
So the first one is

451
00:24:45,740 --> 00:24:49,340
if you were a new addition to a color box

452
00:24:49,340 --> 00:24:51,980
what color would you be and why?

453
00:24:52,620 --> 00:24:53,740
It is a blue color

454
00:24:53,740 --> 00:24:55,580
because I like the blue color most.

455
00:25:03,180 --> 00:25:04,540
Well said as a corporate lawyer.

456
00:25:05,100 --> 00:25:07,260
So the second rapid fire question is

457
00:25:07,260 --> 00:25:10,460
what's the funniest thing you have ever heard in your legal career?

458
00:25:11,420 --> 00:25:12,780
Let me think about it.

459
00:25:12,780 --> 00:25:13,260
Yeah.

460
00:25:13,260 --> 00:25:16,140
That is the thing that you're working as in house

461
00:25:16,140 --> 00:25:18,380
and whatever that thing is coming to your company

462
00:25:18,380 --> 00:25:20,300
whether it is a simple letter

463
00:25:20,300 --> 00:25:22,860
people will come to you and they will seek your guidance

464
00:25:22,860 --> 00:25:25,020
and they will take your help to write it down.

465
00:25:25,580 --> 00:25:28,220
This is the funniest thing that I always come across

466
00:25:28,220 --> 00:25:30,140
but that is the thing we have to help them.

467
00:25:31,100 --> 00:25:31,740
Okay.

468
00:25:31,740 --> 00:25:32,940
Next question is

469
00:25:32,940 --> 00:25:35,340
if you could be any superhero

470
00:25:35,340 --> 00:25:39,260
which one would you be and what would be your superpower?

471
00:25:40,540 --> 00:25:42,780
I think you have read Chacha Chowdhury.

472
00:25:42,780 --> 00:25:43,740
Yeah, yeah, absolutely.

473
00:25:52,860 --> 00:25:56,380
The best answer I have heard on this question so far.

474
00:25:56,380 --> 00:25:59,740
So yeah, that brings an end to the rapid fire round.

475
00:25:59,740 --> 00:26:02,540
So we just have a time for one more question.

476
00:26:02,540 --> 00:26:04,220
Now the question is

477
00:26:04,220 --> 00:26:06,140
what is the best advice

478
00:26:06,140 --> 00:26:08,300
or what is the best professional advice

479
00:26:08,300 --> 00:26:10,380
you have heard in your career so far?

480
00:26:11,340 --> 00:26:14,540
This is the thing that I learned from my first work

481
00:26:14,540 --> 00:26:16,460
in Ruchi Soya from Mr. AD Rao

482
00:26:16,460 --> 00:26:17,500
when he told that

483
00:26:17,500 --> 00:26:20,140
that brother you have to become a legal manager.

484
00:26:20,140 --> 00:26:22,860
So besides law you also need to know

485
00:26:22,860 --> 00:26:24,780
how to manage the tools.

486
00:26:24,780 --> 00:26:26,300
How to manage the people.

487
00:26:26,300 --> 00:26:27,340
Yeah.

488
00:26:27,340 --> 00:26:28,700
So this is the thing that

489
00:26:28,700 --> 00:26:31,500
besides law we need to collect all over this

490
00:26:31,500 --> 00:26:34,700
and you cannot be master of none being in the house

491
00:26:34,700 --> 00:26:36,540
but you have to be jack of all trades.

492
00:26:37,580 --> 00:26:39,420
Very wise words.

493
00:26:39,660 --> 00:26:42,220
So this brings an end to this podcast.

494
00:26:42,220 --> 00:26:44,620
Abhishek, thanks a lot for joining the podcast.

495
00:26:44,620 --> 00:26:46,060
It was an absolute pleasure.

496
00:26:46,860 --> 00:26:47,820
Thank you, thanks so much.

497
00:26:49,580 --> 00:26:51,100
And that concludes the first part

498
00:26:51,100 --> 00:26:52,700
of our conversation with our guest.

499
00:26:53,260 --> 00:26:54,460
To our audience

500
00:26:54,460 --> 00:26:57,180
remember that legal knowledge isn't just for lawyers.

501
00:26:57,980 --> 00:26:59,980
Today's episode serves as a reminder

502
00:26:59,980 --> 00:27:02,940
that the law isn't confined to dusty books.

503
00:27:02,940 --> 00:27:05,020
It's alive, evolving

504
00:27:05,020 --> 00:27:08,140
and intricately woven into our daily experiences.

505
00:27:09,020 --> 00:27:12,460
As always stay curious, stay caffeinated

506
00:27:12,460 --> 00:27:13,980
and stay legally savvy.

507
00:27:14,700 --> 00:27:16,380
If you enjoyed this episode

508
00:27:16,380 --> 00:27:18,380
don't forget to hit that subscribe button.

509
00:27:18,380 --> 00:27:20,780
You won't want to miss the second part of this podcast.

510
00:27:21,820 --> 00:27:24,940
Also don't forget to share and like

511
00:27:24,940 --> 00:27:27,500
to make the algorithm gods happy.

512
00:27:27,500 --> 00:27:30,140
This is your host Avinash Tripathi signing off.

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