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2020
VOL. 11
ISSUE 01
PROMINENT
LEGALCONSULTANT IN INDIA
Gautam Khaitan
Managing Partner
(Managing Partner of O.P. Khaitan & Co.)
GAUTAM
KHAITAN
LEGAL AID
Legal Consultants At
Your Service!
EXPERTS VIEW
The Denotation of
Legal Consultancy
Editor’s Note
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
finally, 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.
TURNING A
NEW LEAF
In this edition of Insights Success, we bring
"Prominent Legal Consultants in India-
Edition 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.
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.
The issue also features Attorney's Desk, a
legal service provider based in Navi Mumbai,
Maharashtra that caters to legal requirements
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.
Do go through the articles curated by
industry experts and our in-house editors.
Happy Reading!
Sneha Sinha
GAUTAM KHAITAN(Managing Partner of O.P. Khaitan & Co.)
Helping Clients Through Tough Times
COVERSTORY C O N T E N T S
08
ATTORNEY’S DESK
A Go-to Expert for All
Your Legal Matters
20
ATTORNEY’S DESK
A Go-to Expert for All
Your Legal Matters
20
Radhika Arora
Delivering Expert Legal
Services with Compassion
24
S. K. SRIVASTAV & CO.
Exhibiting A Tradition
of Excellence in the
Legal Industry
30
Legal Aid
Legal Consultants At
Your Service!
Experts View
The Denotation of
Legal Consultancy
2616
ARTICLES
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Editor-in-Chief Pooja M. Bansal
Managing Editor Sneha Sinha
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Contributing Editor Darshan Parmar
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NOVEMBER , 2020
We are also available on
Management BriefCompany Name
Gautam Khaitan,
Managing Partner
S.K. Srivastav &Co.,
Advocates & Solicitors.
srivastavandco.com
Radhika Arora,
Founder
Attorney's Desk
attorneysdesk.in
Radhika Arora
radhikaarora.in
O. P. Khaitan & Co.
opkhaitan.com
Mr Satish K Srivastava,
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. is a highly reputed, skilled and
professionally managed law firm based in New Delhi.
A full-service law-firm offering complete one-stop legal
remedies for Individuals, Companies, and Entities
A full-service Law Firm providing tailored legal solutions.
Adv. Radhika Ingole
Thakker,
Founder
PROMINENT
LEGALCONSULTANT IN INDIA
GAUTAM
KHAITANKHAITAN(Managing Partner of O.P. Khaitan & Co.)
Helping Clients Through Tough Times
COVERSTORY
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 multi-
faceted 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
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
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
PROMINENT
LEGALCONSULTANT IN INDIA
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.
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.
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
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.
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.
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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www.insightssuccess.in
Legal Aid
www.insightssuccess.in16 | November 2020
Legal
ConsultantsAt 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.
www.insightssuccess.in 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
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
www.insightssuccess.in18 | November 2020
ATTORNEY’S DESKA Go-to Expert for All Your Legal Matters
If 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.
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
“
www.insightssuccess.in20 | November 2020
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.
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.
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.”
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.
PROMINENT
LEGALCONSULTANT IN INDIA
Adv. Radhika Ingole Thakker
Founder
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.
“
“
www.insightssuccess.in November 2020 | 21
Radhika AroraDelivering Expert Legal Services with Compassion
Be the change you want to see in the world - Mahatma
Gandhi.
The 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 cross-
examinations of the witnesses.
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
www.insightssuccess.in24 | November 2020
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.
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.”
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.
PROMINENT
LEGALCONSULTANT IN INDIA
Radhika Arora
Founder
It is a full-service legal-
firm offering complete
one-stop legal remedies
for Individuals,
Companies and Entities
“ “
www.insightssuccess.in November 2020 | 25
The
DENOTATIONof LEGAL
CONSULTANCYwww.insightssuccess.in26 | November 2020
The 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
Experts View
www.insightssuccess.in November 2020 | 27
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.
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
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.
www.insightssuccess.in28 | November 2020
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.
nd
Serving the business realm, our exclusive 2 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.
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.in30 | November 2020
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 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.
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
• 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.”
To us ‘success’ means our
clients can sleep well at night
with confidence that they
are in the capable hands of
our firm
“ “
Mr. Satish Kumar Srivastav
PROMINENT
LEGALCONSULTANT IN INDIA
www.insightssuccess.in November 2020 | 31
Prominent legal consultant (edition. 2)
Prominent legal consultant (edition. 2)
Prominent legal consultant (edition. 2)

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Prominent legal consultant (edition. 2)

  • 1. 2020 VOL. 11 ISSUE 01 PROMINENT LEGALCONSULTANT IN INDIA Gautam Khaitan Managing Partner (Managing Partner of O.P. Khaitan & Co.) GAUTAM KHAITAN LEGAL AID Legal Consultants At Your Service! EXPERTS VIEW The Denotation of Legal Consultancy
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  • 4. Editor’s Note 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 finally, 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. TURNING A NEW LEAF
  • 5. In this edition of Insights Success, we bring "Prominent Legal Consultants in India- Edition 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. 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. The issue also features Attorney's Desk, a legal service provider based in Navi Mumbai, Maharashtra that caters to legal requirements 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. Do go through the articles curated by industry experts and our in-house editors. Happy Reading! Sneha Sinha
  • 6. GAUTAM KHAITAN(Managing Partner of O.P. Khaitan & Co.) Helping Clients Through Tough Times COVERSTORY C O N T E N T S 08
  • 7. ATTORNEY’S DESK A Go-to Expert for All Your Legal Matters 20 ATTORNEY’S DESK A Go-to Expert for All Your Legal Matters 20 Radhika Arora Delivering Expert Legal Services with Compassion 24 S. K. SRIVASTAV & CO. Exhibiting A Tradition of Excellence in the Legal Industry 30 Legal Aid Legal Consultants At Your Service! Experts View The Denotation of Legal Consultancy 2616 ARTICLES
  • 8. Copyright © 2020 Insights Success Media and Technology Pvt. Ltd., All rights reserved. The content and images used in this magazine should not be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission from Insights Success Media and Technology Pvt. Ltd. Reprint rights remain solely with Insights Success. Printed and Published by Insights Success Media and Technology Pvt. Ltd. Follow us on : www.facebook.com/insightssuccess/ https://twitter.com/insightssuccess Cover Price : RS. 150/- RNI NUMBER: MAHENG/2018/75953 Editor-in-Chief Pooja M. Bansal Managing Editor Sneha Sinha Quality Assurance Team Abhishaj Sajeev Contributing Editor Darshan Parmar Art & Design Head Asha Bange Art & Picture Editor Priyanka Rajage Co-designer Mayur Koli Sr. Business Development Manager Megha Mishra Business Development Manager Nandan Deshpande Business Development Lead Tejswini Whaval Business Development Executive kirti vidhate Technical Head Pratiksha Patil Technical Specialist Amar Sawant Digital Marketing Manager Amol Wadekar SME-SMO Executive Atul Dhoran Circulation Manager Tanaji Insights Success Media Tech LLC 555 Metro Place North, Suite 100, Dublin, OH 43017, United States Phone - (614)-602-1754 Email: info@insightssuccess.com For Subscription: www.insightssuccess.com Insights Success Media and Technology Pvt. Ltd. Off. No. 22 & 510, Rainbow Plaza, Shivar Chowk, Pimple Saudagar, Pune, Maharashtra 411017 Phone - India: +91 7410079881/ 82/ 83/ 84/ 85 Email: info@insightssuccess.in For Subscription: www.insightssuccess.in Corporate Offices: sales@insightssuccess.com NOVEMBER , 2020 We are also available on
  • 9. Management BriefCompany Name Gautam Khaitan, Managing Partner S.K. Srivastav &Co., Advocates & Solicitors. srivastavandco.com Radhika Arora, Founder Attorney's Desk attorneysdesk.in Radhika Arora radhikaarora.in O. P. Khaitan & Co. opkhaitan.com Mr Satish K Srivastava, 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. is a highly reputed, skilled and professionally managed law firm based in New Delhi. A full-service law-firm offering complete one-stop legal remedies for Individuals, Companies, and Entities A full-service Law Firm providing tailored legal solutions. Adv. Radhika Ingole Thakker, Founder PROMINENT LEGALCONSULTANT IN INDIA
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  • 11. GAUTAM KHAITANKHAITAN(Managing Partner of O.P. Khaitan & Co.) Helping Clients Through Tough Times COVERSTORY 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 “ “
  • 12. 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 multi- faceted 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
  • 13. 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 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 PROMINENT LEGALCONSULTANT IN INDIA
  • 14. 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. 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. 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 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. 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. 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
  • 15. 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.
  • 16. Subscribe Today CORPORATE OFFICE Insights Success Media and Technology Pvt. Ltd. Off No. 22 & 510, Rainbow Plaza, Shivar Chowk, Pimple Saudagar, Pune, Maharashtra 411017. Phone - India: 020- 7410079881/ 82/ 83/ 84/ 85 USA: 302-319-9947 Email: info@insightssuccess.in For Subscription : www.insightssuccess.in Cheque should be drawn in favour of : INSIGHTS SUCCESS MEDIA AND TECH PVT. LTD. Stay in touch. Subscribe to Insightssuccess Get Insightssuccess Magazine in print, & digital on www.insightssuccess.in www.insightssuccess.in
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  • 19. Legal ConsultantsAt 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. www.insightssuccess.in November 2020 | 17
  • 20. 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 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 www.insightssuccess.in18 | November 2020
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  • 22. ATTORNEY’S DESKA Go-to Expert for All Your Legal Matters If 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. 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 “ www.insightssuccess.in20 | November 2020
  • 23. 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. 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. 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.” 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. PROMINENT LEGALCONSULTANT IN INDIA Adv. Radhika Ingole Thakker Founder 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. “ “ www.insightssuccess.in November 2020 | 21
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  • 26. Radhika AroraDelivering Expert Legal Services with Compassion Be the change you want to see in the world - Mahatma Gandhi. The 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 cross- examinations of the witnesses. 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 www.insightssuccess.in24 | November 2020
  • 27. 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. 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.” 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. PROMINENT LEGALCONSULTANT IN INDIA Radhika Arora Founder It is a full-service legal- firm offering complete one-stop legal remedies for Individuals, Companies and Entities “ “ www.insightssuccess.in November 2020 | 25
  • 29. The 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 Experts View www.insightssuccess.in November 2020 | 27
  • 30. 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. 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 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. www.insightssuccess.in28 | November 2020
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  • 32. 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. nd Serving the business realm, our exclusive 2 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. 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.in30 | November 2020
  • 33. 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 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. 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 • 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.” To us ‘success’ means our clients can sleep well at night with confidence that they are in the capable hands of our firm “ “ Mr. Satish Kumar Srivastav PROMINENT LEGALCONSULTANT IN INDIA www.insightssuccess.in November 2020 | 31