LegalBots.in
LegalBots.in
  • Home
  • About
  • Jobs
  • Events
  • Courses
  • Exams
  • Blog
  • Recruiter
  • Pricing
Sign In
Applicant Recruiter/Advertiser

Categories

  • ADR (4)
  • Artificial Intelligence (0)
  • Career FAQs (5)
  • Career Space (73)
  • Case Laws (27)
  • Civil Law and Tort Law (12)
  • Competition Law (2)
  • Constitutional Law (14)
  • Consumer Protection Law (5)
  • Contract Law (8)
  • Corporate/ Finance (12)
  • Criminal Law (18)
  • Data Privacy (11)
  • Environmental Law (2)
  • Guest Authors (4)
  • Information Technology Law (6)
  • International Law (5)
  • Interviews (19)
  • IPR (7)
  • Labour Law (7)
  • legal advice (29)
  • Legal Network Updates (14)
  • Legal Updates (17)
  • Others (9)
  • Property Law (6)
  • Public Law (5)
  • Scholarships and Fellowships (245)
  • Sports Law (2)
  • Students Corner (60)
  • Tax Law (3)
  • Technology Law (7)
  • Videos (0)
  • All(441)

Legal Blog

Publish with us

Filter Clear
A Comprehensive Guide to Kickstart Your Career in Law: Courses to Check Out After 12th in India
Jul 11, 2024
A Comprehensive Guide to Kickstart Your Career in Law: Courses to Check Out After 12th in India

Summary Are you worried about which law course to pursue after the 12th exam to become an efficient legal professional? Do you consistently browse for the best law courses but fail due to a lack of proper guidance? If yes, go through this blog that properly guides and helps you achieve your dreams.    Introduction A law course is an academic course curated to equip you with the knowledge and skills required to understand and navigate the legal system. Pursuing a career in law can be the most honourable and fulfilling experience, but it also needs careful planning and sufficient preparation. It is one of the most respectable and challenging jobs globally. The black coat symbolises discipline and confidence to a lawyer, which comes with a huge responsibility. Law courses are highly demanded, as all sectors have legal issues and need legal experts.  Advantages of pursuing a law course • Comprehensive knowledge: The course aspirants will acquire in-depth knowledge of legal principles, covering areas like criminal law, constitutional law, civil law and property law. • Analytical skills: Law courses enhance your ability to analyse complicated legal issues, find relevant information and apply legal reasoning to real-world situations. • Communication skills: Effective communication is the most important skill in the legal domain. Law courses hone your verbal and communication skills, allowing you to present arguments effectively and clearly. • Research skills: Legal professionals must depend on research to build strong cases. Law courses will prepare you to improve your research skills efficiently and find relevant case laws and prior cases. Different types of law courses in India   In India, law courses are offered in undergraduate, postgraduate, and even doctoral programs. There are several law courses to suit your dreams and goals. Various colleges across the country provide a wide range of courses such as litigation to legal research, administration, criminal law, civil law, corporate law, cyber law etc. for the benefit of students. Here is a comprehensive law course list available at different levels that gives a clear idea for course aspirants. 1. Bachelor of Law LLB A bachelor’s degree in law is known as LLB and it is a 3-year course. This is one of the most familiar degrees in law that you can study after any degree with a minimum of 50%. It provides a deep understanding of legal concepts and includes many topics such as criminal law, constitutional law, criminal law, property law, contract law, public international law etc.  2. B.A. LLB (Hons.) It is a five-year undergraduate program that collaborates the Bachelor of Arts degree-specific subjects with the LLB degree subjects. The course allows you to explore subjects in various areas like History, Sociology, Administrative law, Criminology, Family law etc.  3. B.B.A. LLB (Hons.)  It is an integrated course that combines a Bachelor of Business Administration with an LLB degree course. It provides the students with an in-depth understanding of legal frameworks and business principles and allows them to explore various career paths in the legal field. In this course, course aspirants will study commerce subjects like Principles of Management, Financial Accounting, Computer Applications and Effective communication in the beginning and then they will study law subjects such as Law of Torts, Family law, Constitutional law, Contract law etc. 4. B. Com. LLB It is a five-year integrated course that combines the subjects of B. Com. and LLB. The combination of business and law principles offers a strong foundation for students to gain various career opportunities in the corporate and legal sectors.  5. B. Sc. LLB B. Sc. LLB is also a five-year integrated course that incorporates the knowledge of skill and law. In this course, students can study the subjects of law with science subjects like physics, chemistry, biotechnology etc. 6. B. Tech LLB It is a six-year integrated course in which students study engineering subjects along with law subjects. It is one of the best law courses in India. The course is ideal for those students who are interested in engineering domains along with law curriculum.  7. Bachelor of Social Work LLB Bachelor of Social Work LLB is a unique combination of Bachelor of Social Work and Legislative Law. It is a five-year integrated course that combines social work studies and legal subjects. The curriculum involves an understanding of social issues and the legal tools to solve them, making you an advocate for social justice and legal rights. 8. Bachelor of Legal Science LLB A five-year integrated course designed for students who are enrolling directly from high school. They will be provided with a foundation in law-related social sciences, followed by legal studies and practical training thoroughly.  Besides, there are many diploma and certification courses available like a Diploma in Criminal Law, Diploma in Business Law, Diploma in Information Technology Law, Certification Course in Cyber Law, Certification Course in Corporate Law etc. Wrapping Up Becoming a lawyer in India is a rewarding choice that needs dedication, hard work, patience, and a strong educational qualification. There are hundreds of opportunities available for law graduates, which are not restricted to practising as an advocate or corporate business. Apart from these, you can explore opportunities in teaching, working with NGOs etc. By pursuing a law course from a reputed organisation, you can become a highly qualified legal professional and achieve your goals.   

  • Shubha Shubha
Interview with Pratik Sankpal- Building A Career as A Company Secretary and Corporate Lawyer
Jun 12, 2023
Interview with Pratik Sankpal- Building A Career as A Company Secretary and Corporate Lawyer

The world of law offers a myriad of career paths, each with its own unique demands and opportunities. One such path combines the expertise of a Company Secretary (CS) and the comprehensive legal knowledge gained through pursuing a Bachelor of Laws (LLB) degree. This dual journey allows legal professionals to navigate the complexities of corporate law with finesse, ensuring compliance, providing legal counsel, and contributing to the smooth functioning of businesses. In this insightful interview, we have the privilege of speaking with Pratik Sankpal, a Legal Manager at ZF Group, who embarked on this dual journey and has gained valuable experience in the field. Pratik's decision to pursue both CS and LLB stemmed from his fascination with corporate law and his desire to explore non-traditional fields within the legal sphere. Join us as Pratik shares his personal journey and explores the intersection of Company Secretary and LLB, and gain valuable insights from his experiences in the realm of corporate law.    1. Please tell us a bit about yourself. Why did you decide to pursue a career in law? How would you describe your law school experience?  After completing my 12th grade, I pursued B.com (so in short din't really do much)  However, during my second year of graduation, I realized that I needed to pursue a career that aligned with my interests. Law was one subject that I was fascinated about and being a corporate lawyer was something that I candidly decided on (as juvenile as it may sound that was it). Seeking guidance from experienced individuals in the legal field and my seniors, I made the decision to pursue an LLB (Bachelor of Laws) and CS (Company Secretary) concurrently. To embark on this journey, I relocated to Pune from my Hometown (Kolhapur) and commenced my studies in CS while pursuing LLB from DES Navalmal Firodia Law College, Pune. This was in 2014. Managing studies for CS and ensuring attendance in law school was always challenging, I still remember choosing CS tuitions not based on the faculty but based on how that would fit my days’ time frame. Attending law school in the morning (7.30 ~ 12.00 -1.00) and then CS classes in the afternoon (2.30 ~ 6.00) was one hectic routine which continued for at least 3 months - 4 months twice a year and 3 years. Now when I look back at it, I realize that the process improved my time management and multi-tasking skills. Speaking about faculty members at CS classes and Law School the experience was overall good. The in-depth knowledge of certain laws viz., Constitution, Drafting, and Contract was beneficial to me in CS exams, and vice versa I remember studying just 1 day before the Company law paper in Law School because I had depth prepared for the same during my CS level -2 exams.  Undertaking LLB and CS simultaneously proved to be a demanding yet immensely gratifying experience. For a mediocre 20-year-old student like me appearing for four exams every year — two exams for law and two for CS was a great teacher enabling me to push my own limits.   2. What motivated you to pursue the Company Secretary (CS) course?   As I said earlier, the realm of corporate law captivated me, drawing my interest towards pursuing the Company Secretary (CS), talking to a few seniors in the field I realized that it held the potential to unlock opportunities in the corporate world. Moreover, the fact that I did not come from a family which had lawyers/advocates, I was certain that I wanted to focus on corporate law and CS offered a pathway to explore non-traditional fields of law viz., taxation, FEMA, Stock exchange compliance etc., that were not commonly found in Indian law schools. Along with the corporate/business laws, it also offered learning of accounting standards, financial management and costing, which increased my financial acumen, and provided a profound understanding of taxation laws. In my view, pursuing a law degree alongside CS offers distinct advantages of its own. The two fields complement each other, and striking the right balance is essential. I strongly believe that the practical examples incorporated in the CS curriculum, combined with the depth of legal knowledge gained in law school, can be leveraged to one's benefit. It becomes crucial to find the right balance in subjects where the two overlap. For instance, law school provided a more comprehensive understanding of Constitutional laws, Labour Laws I remember leveraging those learnings in one of the subjects called Economics, Labour and General laws in CS Level-2 exams covering nearly 10-15 marks easily of 100 marks subject (in a competitive exam those 10 marks are very crucial). Achieving the right balance between the two courses can work wonders for students.   3. Most law students are confused about whether they should invest their time in studying CS as it's a time-consuming course. What would you say to them? When contemplating the pursuit of a CS course alongside law studies, it is crucial for law students to consider the time commitment involved. The duration of a CS course can range from 3.5 to 5 years (or even more) till you become a member of ICSI (Institute of Company Secretaries of India), depending on various factors, a simple one being whether you clear it in the first exams or not (attempts is what we used to call them “cleared in 1st Attempt” was something everyone targeted). When I embarked on this journey, I had a clear mindset that I would devote around 3.5 to 4 years of my career to it. If I couldn't accomplish it within that timeframe, I wouldn't dwell on it. CS – Finals (Level -3) was the only level I failed once and cleared on my second attempt.  Pursuing CS alongside law studies is undoubtedly a valuable addition to your professional profile, but it demands dedication and effective time management. It is crucial to set clear goals and establish a timeline for completing the course and internship, and then work diligently towards achieving that. If you possess strong motivation to build a career in corporate law, becoming a qualified CS can significantly enhance your profile.   4. Could you please share briefly the process/stages an aspirant has to go through in pursuing CS, and what the difference is between a CS lawyer’s role in a company from that of a corporate lawyer?  It's important to note that CS is not just a 3 or 5-year course; it is divided into three levels, each comprising specific groups and subjects that need to be cleared. To pass each group within these levels, you must score a minimum of 40% in each subject individually and achieve an aggregate of 50% for that particular group. If you don't clear a subject or if you do clear all the subjects but the aggregate is not 50% at least, you are required to retake all the papers within that particular group. I still remember (the only failed attempt mentioned above) I had 40% or above in all 6 subjects divided into 2 groups but the individual score in both were 145/300 and 145/300.  One of the aspects that ICSI has really worked on and done good work on is that on structuring the syllabus for the exams, the curriculum is continually adapting to reflect industry trends/requirements. While specific subjects may evolve, corporate law remains a fundamental requirement for all aspiring CS professionals (Company law, FEMA, Stock Exchange laws).  The internship is one aspect of CS that is mandated for every student, currently, the period of internship is 21 months which a student may take during his level -2 or level -3 exams. Internships can be undertaken by the students either at Practicing Company Secretary firms or with Corporates. Completion of the internship for the specified period is a prerequisite before being enrolled as a Member of the Institute of Company Secretaries of India (ICSI). The distinction between the role of a CS in a company and that of an in-house lawyer lies in the nature of their responsibilities. A CS typically focuses on ensuring compliance with legal and regulatory requirements, dealing and advising on M&A transactions, reporting to statutory authorities etc., while an in-house lawyer provides legal counsel on a range of business transactions including contract negotiations, drafting, and litigation management. From CS as a career perspective, there can be a broad classification of Companies: being listed and unlisted. According to statutory requirements, all listed entities and certain public and private companies, are mandated to have a Company Secretary.  In a listed entity, the role of a Company Secretary involves advising the Board of Directors and ensuring compliance with, Listing Regulations, Company Law, and RBI guidelines.  In an unlisted entity, the role of a Company Secretary differs slightly as they are not obligated to comply with SEBI-related guidelines or listing regulations. But the regulations around Company Law, and RBI regulations are still required to be complied with. It is generally observed that in unlisted entities, CS may also handle the legal functions which would include contract negotiations, compliance management, litigation management etc., 5. As a Legal Manager at ZF Group, what does your regular day at work look like? ZF Group is a global technology company that supplies systems for passenger cars, commercial vehicles and industrial technology. As a Legal Manager, my workday is typically dynamic and more importantly diverse in nature handling the CS as well as the legal part of the work. I did my CS internship with ZF and have been here since day 1 of my career of nearly 5 years now and my experience thus far has been fantastic with the Group. A typical day involves engaging in drafting contractual agreements, negotiations of contracts with Vendors/Service Providers, Customers, and ensuring compliance with Company Law, RBI regulations and other statutory requirements. The workflow typically depends on the calendar quarter, certain quarters may require extensive work on the Secretarial side, e.g., after the end of the financial year, closure of audits, adoptions of accounts, filings with the Ministry of Corporate Affairs etc., and some quarters typically revolve a lot around legal work like negotiating contracts, Policy framing, litigation management  etc., The one part of my work I like working on would be the corporate actions viz., advising on structures for transactions, formation of new Companies, buying/sale of an undertaking etc., Overall, my role as a Legal Manager at ZF Group offers me a dynamic and ever-evolving work environment. Embracing new challenges and learning from them has been key to improvement and growth within the organization.   6. What avenues are open to Company Secretaries with a legal background in India? How relevant or useful is an Indian CS qualification in foreign countries? As a Company Secretary with a legal background in India, there are several career paths available to you, firstly, you can seek employment in a company as a Company Secretary or a legal advisor. Secondly, you can join a law firm and work as a corporate lawyer or provide services as a Company Secretary. Thirdly, you have the option to establish your practice as a Company Secretary or a corporate lawyer. With regards to Foreign opportunities, it's important to note that the academic structure in India primarily focuses on Indian law, and additional qualifications may be necessary/mandatory to work in legal functions in a foreign country but I strongly believe the situation is evolving with time and would especially highlight the efforts of ICSI in these regards to mention one would be the MoU with Institute of Chartered Secretaries and Administrators (ICSA), London for reciprocal membership for members of both the Institutes. Nevertheless, even today the experience and expertise gained by Indian CS professionals and their ability to maintain Corporate Governance is highly regarded in many countries, especially in developing countries. With the corporate sector in India experiencing growth including that of the capital and venture capital markets, the statutory authorities are going to rely more on professionals to ensure Corporate Governance and the prospects for Indian CS professionals are only going to improve.  With the MoUs and other agreements being in place by various institutes, the opportunity to work abroad will also see a steady increase in the coming years.  

  • Sumasri Sumasri
A Career In The Field Of Environmental Law
Apr 14, 2023
A Career In The Field Of Environmental Law

Introduction In today's world, environmental concerns have become more pressing than ever before. Climate change, deforestation, and biodiversity loss are some of the significant challenges that the planet is facing. To address these challenges, the need for specialized legal intervention has become increasingly crucial. This is where environmental law comes into the picture. Environmental law is a field of law that deals with environmental issues and concerns, ranging from air and water pollution to waste management and climate change. In this article, we will discuss how to specialize in environmental law, the scope and avenues of this field, and the need for environmental lawyers today. We will also break the myth that environmental lawyers cannot make money out of their careers and provide insights into the career journey of environmental specialists.   What is Environmental Law? Environmental law in India is a body of laws, policies, and regulations that aim to protect and conserve the country's environment and natural resources. India has a rich and diverse natural heritage, and its environmental challenges are unique and varied. Environmental laws in India have evolved over the years and have been strengthened by landmark judgments of the Supreme Court. The Constitution of India has provisions for environmental protection under Article 48A and Article 51A(g). Article 48A states that the state shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country. Article 51A(g) makes it a fundamental duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife. India has enacted several environmental laws, such as the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Wildlife Protection Act, 1972, and the Forest (Conservation) Act, 1980. These laws are enforced by various regulatory bodies such as the Central Pollution Control Board (CPCB), the State Pollution Control Boards (SPCBs), and the National Green Tribunal (NGT). According to a report[1] by the CPCB, the quality of air and water in India has deteriorated significantly in recent years. The report states that 55% of India's rivers are polluted and 70% of its water supply is contaminated. Additionally, a study by the World Health Organization (WHO) found that 14 of the world's 15 most polluted cities are in India. Environmental law plays a crucial role in protecting the environment and ensuring sustainable development, and it is essential to address the environmental challenges faced by the country today.   Scope and Avenue of Environmental Law in India The scope of environmental law in India is vast and covers various aspects of environmental protection and conservation. Environmental law regulates the human impact on the environment, which includes pollution control, conservation of biodiversity and natural resources, and sustainable development. The scope of environmental law includes various sectors such as energy, transportation, agriculture, industry, and construction. Environmental law in India provides a legal framework for the management and protection of the environment. It covers issues such as air and water pollution, hazardous waste management, climate change, biodiversity, and forest conservation. The legal framework for environmental protection in India includes various laws and regulations at the central and state levels. The avenues for environmental law in India are diverse and offer a range of career opportunities for law students and professionals. One can work in law firms specializing in environmental law, in-house legal departments of companies, environmental organizations, and government agencies. The National Green Tribunal (NGT) is a specialized court that deals with environmental disputes and offers an avenue for practising environmental law. Environmental law practice requires specialized knowledge and skills, including knowledge of environmental science and policy-making. Lawyers working in this field must be well-versed in the various environmental laws and regulations and can work with scientific data and expert witnesses. The scope and avenues of environmental law in India are extensive and offer opportunities for legal professionals to work toward environmental protection and conservation. The legal framework for environmental protection in India is robust, and there is a growing need for specialized environmental lawyers to address the environmental challenges faced by the country.   Financial Scope  While environmental law may not be the most lucrative field of law, it still offers a range of career opportunities with decent earning potential. Environmental lawyers can work in various sectors such as law firms, corporations, non-profit organizations, and government agencies. Many law firms have environmental law departments that specialize in environmental compliance, litigation, and consulting. These firms often represent corporations and government agencies in environmental disputes and transactions, and their clients are willing to pay for their legal services. Environmental lawyers can also work in-house for corporations, advising them on environmental compliance and sustainability practices. This type of work offers a steady salary and benefits, and some corporations offer significant financial incentives for environmental performance. Non-profit organizations and government agencies also offer employment opportunities for environmental lawyers. These organizations work toward environmental protection and conservation, and their legal departments play a crucial role in their advocacy and litigation efforts. The earning potential for environmental lawyers may not be as high as some other fields of law such as corporate law or intellectual property law, but it is still a rewarding career option. The salary of an environmental lawyer may vary depending on their experience, location, and employer. According to a survey by PayScale[2], the average salary of an environmental lawyer is around $61,605/ year internationally.  Environmental lawyers can make money out of their careers, and it is a viable career option for those interested in environmental protection and conservation. While it may not be the most lucrative field of law, it offers a range of career opportunities with decent earning potential.   Salary of Environment Lawyers in India The salary of environmental lawyers in India varies depending on various factors such as the level of experience, the type of employer, and the location of the job. Generally, environmental lawyers working with large law firms in metropolitan cities like Delhi, Mumbai, and Bangalore tend to earn higher salaries compared to those working with smaller firms or NGOs. According to payscale.com, the average salary of an environmental lawyer in India is INR 589,581/year[3]. However, this figure can be higher for experienced lawyers and those working with top law firms. As with any profession, the salary of an environmental lawyer in India will depend on their expertise, experience, and ability to market themselves effectively. It's important to note that many environmental lawyers in India also choose to work with NGOs or public interest organizations, where the salaries may be lower compared to private firms, but the work is highly fulfilling and rewarding.   How should a law student begin their career in environmental law? For law students interested in pursuing a career in environmental law, there are several avenues they can consider. Some of the ways to begin a career in environmental law are as follows: Internships: Law students can gain valuable experience by interning with law firms, NGOs, government agencies, or environmental organizations. This will provide them with exposure to the practical aspects of environmental law and help them build a network of contacts in the field. Work with NGOs: Working with NGOs can offer law students an opportunity to work toward environmental protection and conservation. NGOs often have legal departments that deal with environmental issues, and law students can work with them to gain experience. Work with Law firms: Many law firms have environmental law departments that deal with environmental compliance, litigation, and consulting. Law students can apply for internships or entry-level positions with these firms to gain exposure to the field. Some of the law firms in India that have environmental law departments are J. Sagar Associates, Shardul Amarchand Mangaldas, Trilegal, and Khaitan & Co. These firms have represented clients in various environmental disputes and transactions and offer career opportunities for environmental lawyers. Work with Companies: Companies often have in-house legal departments that deal with environmental compliance and sustainability practices. Law students can apply for internships or entry-level positions with these companies to gain exposure to the field. Working with Environmental specialists: Environmental specialists are professionals who specialize in environmental issues and hold legal backgrounds. They play a crucial role in advising governments, NGOs, and corporations on environmental matters. Some of the prominent environmental specialists with legal backgrounds include Sunita Narain, M.C. Mehta, and Ritwick Dutta. They have made significant contributions to the field of environmental law and policy. Environmental specialists having legal backgrounds often work in interdisciplinary roles that require expertise in both environmental science and law. These specialists can work in various sectors such as consulting, policy-making, and research. For instance, some environmental specialists work as environmental consultants for companies or as policy analysts for government agencies. Others may work as researchers or professors in universities or research institutions.   How to specialise in Environmental Law? To specialize in Environmental Law, a law graduate should consider the following steps: Pursue relevant coursework: Law graduates can pursue coursework that focuses on environmental law, policy, and regulation. Relevant coursework can provide a foundational understanding of the legal and policy frameworks that govern environmental protection and conservation. Gain practical experience: Law graduates can gain practical experience by participating in moot court competitions, research projects, or internships with environmental organizations, law firms, government agencies, or NGOs. This can provide them with exposure to the practical aspects of environmental law and help them build a network of contacts in the field. Obtain relevant certifications: Environmental law certifications can enhance a law graduate's credentials and demonstrate their commitment to environmental law. Some of the certifications that a law graduate can pursue are the Certified Environmental Law Professional (CELP) certification, the Certified Environmental Professional (CEP) certification, and the LEED Green Associate certification. Attend relevant conferences and workshops: Attending conferences and workshops can provide law graduates with an opportunity to network with professionals in the field, stay updated on the latest developments in environmental law and policy, and gain practical knowledge and skills. Pursue advanced degrees: Law graduates can consider pursuing advanced degrees in environmental law, policy, or science. An advanced degree can provide a deeper understanding of environmental law and policy, enhance career prospects, and qualify them for higher-level positions.   International Scope of Environmental Law Environmental law has a significant international scope as environmental problems transcend national boundaries, and the actions of one nation can affect the environment of other nations. International environmental law is a body of law that governs the conduct of nations and international organizations with respect to the environment. Several international agreements and treaties address environmental issues such as climate change, biodiversity conservation, and marine pollution. Examples of such treaties include the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD), and the United Nations Convention on the Law of the Sea (UNCLOS). International environmental law also includes the principles of customary international law, such as the precautionary principle, the polluter pays principle, and the principle of sustainable development. These principles guide nations and international organizations on how to protect the environment and use natural resources sustainably. International environmental law also involves collaboration and cooperation between nations and international organizations. The development of international environmental law involves negotiations and consultations among countries, civil society, and international organizations to develop and implement effective solutions to global environmental problems.   Need for environmental lawyers today The need for environmental lawyers today is more critical than ever before. Environmental issues such as climate change, air and water pollution, deforestation, and biodiversity loss are threatening the health and well-being of people and the planet. Environmental lawyers play a crucial role in protecting the environment and ensuring that laws and regulations are enforced to prevent further harm. Environmental lawyers work with various stakeholders such as government agencies, corporations, NGOs, and communities to develop and implement policies and practices that promote sustainable development and protect the environment. They provide legal advice and representation to individuals and organizations that are affected by environmental issues, and they work to hold polluters accountable for their actions. In addition to their legal expertise, environmental lawyers also play a critical role in educating the public and raising awareness about environmental issues. They help people understand the legal implications of environmental problems and advocate for policies and practices that protect the environment. In conclusion, environmental law is an essential field of law that deals with environmental issues and concerns. It offers a wide range of job opportunities and high-paying salaries. Law students interested in specializing in environmental law can gain practical experience by working with NGOs, law firms, and companies. They can also attend relevant courses, internships, and certifications. The need for environmental lawyers is more pressing today than ever before, and they play a crucial role in preserving the environment and promoting sustainable development.     [1]CENTRAL POLLUTION CONTROL BOARD, ANNUAL REPORT 2020-21, https://cpcb.nic.in/openpdffile.php?id=UmVwb3J0RmlsZXMvMTQwM18xNjU1MzU0NzkxX21lZGlhcGhvdG8xNjQ3MS5wZGY= [2] Average Environmental Law Salary, payscale, https://www.payscale.com/research/US/Job=Environmental_Law/Salary [3] https://www.payscale.com/research/IN/Job=Environmental_Consultant/Salary     

  • Sumasri Sumasri
Is Law A Good Career Option For Women In India?
Mar 31, 2023
Is Law A Good Career Option For Women In India?

Women have been essential in shaping history throughout human history. The place of women in society and the jobs they hold speaks to how the country as a whole is progressing. However, it is ironic and terrible that a large section of society, in general, does not value women's contributions even today. Women struggle to balance work and life because of their commitments to their families. Indian women still have a long way to go in terms of culture, society, and the economy even though more of them are now working outside the home. It is a common notion that discrimination against working women begins with the recruiting process. Except for a few specific professions like teaching, nursing, and office work, the majority of males in Indian society do not agree that women may coexist with men in all occupations. Due to undervaluation, women typically choose low-demand jobs, even those with highly specialized talents. Women have a responsibility to manage their many responsibilities, both at home and at work, properly. Whether they are shaping themselves or practicing law, the legal profession regularly presents individuals with a variety of difficulties.1   Challenges Faced By Female Advocates Biases at work It can be harder for women to network and socialise in the legal industry because the clientele is nearly exclusively made up of men. In some cases, working with women makes even the clients uncomfortable. In other instances, clients specifically select female lawyers because they believe they would be paid less than their male counterparts. The reputation and income of women are undoubtedly impacted by this. Not surprisingly, women lawyers have to fight hard for their rightful fees, which their male counterparts simply command. Work-life balance The existence of a rigidly scheduled 9 to 5 schedule makes it difficult for women to balance work and personal obligations. Many independent professionals either work from home or convert a part of their residence into an office. Some have hired support personnel to maintain their houses, while others have relocated closer to the courthouse or turned their homes into offices. Still, others have life partners who work in the field, making it challenging to balance work and family obligations. Others have had to restrict their practice regions or the courts in which they can represent clients. Structural Inflexibilities Since the majority of female litigators do not receive maternity benefits, there is frequently more financial pressure to start working again. Institutional inflexibilities that exclude support measures that advance equality in employment, pregnancy, maternity leave, and motherhood have a significant negative impact. One responder was forced to leave her job at the start of her fourth trimester of pregnancy due to the lengthy workdays, inadequate or separate elevators, unhygienic restrooms, and poor road conditions. Respondents who were employed by senior or law firms complained about rigid policies and the requirement to be present in the workplace at all times, which caused them to leave their jobs during their pregnancies.   Gender Discrimination Women lawyers are frequently compared to and graded against their male counterparts, almost as if it were a natural law. Women can be seen participating in court proceedings at lower courts, but as you rise the judicial ladder, their numbers, particularly those of young women, start to decline. There has been a change from 30–40 years ago; there is now an equal representation of men and women in law schools, and in some places, there are more female than male candidates. However, we can see that women lawyers are leaving the profession due to lack of support or because the environment is so inhospitable or vulnerable that they are likely leaving these situations.2 Women must make a clear distinction between their personal and professional lives at some point, whereas males are unconcerned with this option. As an associate, women are faced with decisions like whether to get married or get promoted, where there is a very real option that a woman must make or is expected to make due to social expectations associated with being a woman. A glass ceiling, therefore, means that women encounter an insurmountable obstacle that stops them from rising to higher positions. Women are not promoted above this barrier but can be below it. This common glass ceiling results in unequal treatment of women all throughout the world.    Gender-Wage Gap  The difference in pay between men and women in the same position is referred to as the gender wage gap. Several facets of the legal sector exhibit the gender wage gap. Despite the fact that more than half of first-year law students are female, there is still a pay gap for women in the field. Despite the fact that women tend to bill more accounts than males, there is still a pay gap. Women lawyers frequently receive lower fees than males do. Equity partners' gender pay disparity has widened. Even if they reach this highest position, female equity partners are still paid less than their male counterparts. Any major change will need to come from a multifaceted approach, starting with hiring decisions and continuing through each step of the workplace culture, as this gap is a chronic issue in the legal sector. The introduction of new delivery models and a replacement of the outdated model may help accelerate this transformation as investors and other stakeholders are increasingly turning to new technology to solve their legal demands. Larger legal corporations may also demand diversity in order to help solve this issue. Legal organisations that place the value of gender equality at their centre may be able to influence this transformation.3   Comparative Analysis Among Countries Regarding Equal Pay One of the most fundamental things that humans have aspired for in a decent standard of living is equality in work and income. While every employee has the right to work and a paycheck, things become difficult when society has excessively low pay standards. The payment of unequal compensation for the same labour in a certain industry is the issue that occurs most frequently. Women have endured patriarchy and gender inequality for a very long time. However, as a result of the recent globalisation, women from various social levels have attempted to overcome all obstacles to enter the workforce. But despite their talent and worth, many women have experienced discrimination in the workplace, whether it be in the form of being passed over for promotions or receiving lower pay for work that is similar to that of men. The gender pay gap is not just present in India; it also exists in Developed states. The World Economic Forum released research in 2018 stating that it will take 202 years to close the gender pay gap. Around the world, women are paid 63% less than men. The largest pay discrepancies were found in Yemen, Syria, and Iraq, and the UK ranked 50th out of 149 nations in terms of the gender pay gap. Iceland has also had a similar comparison. The role and significance of women in Icelandic society were highlighted on October 24, 1975, when working, parenting, and housewives left their homes and workplaces. It has been said that the event marked a turning point for Iceland, which is currently regarded as one of the most gender-equal nations in the world. The United Nations has declared 1975 to be the International Year of Women.4 The World Plan of Action for the Implementation of the Objectives of the International Women's Year was adopted during the World Conference that same year. The first Gender Equality Act, which forbade gender-based discrimination, was enacted in reaction to the strike in 1976. The occasion is also recognised as opening the door for the election of Iceland's first female president, Vidgs Finnbogadóttir, who made history by being the first woman to be democratically elected as head of state in 1980. In India, where the gender proportion is nearly equivalent, men earn 82 percent of the work pay while women get only 18 percent of it, as per the World Inequality Report 2022.5 However, a significant number of businesses are proactively addressing the gender wage gap even as CEOs and company boards make significant efforts to hire more women.   The Apex Court and the Parliament should both take into account the concerns regarding the working environment and social security of female attorneys. In today's India, where we talk about "Beti Bachao, Beti Padhao," we also need to recognise that it becomes vital for us to establish a secure and safe environment for women to succeed in the noble profession.   [1] Siddhima. (2022, January 2). Challenges Faced By Women Lawyers In India - Jus Corpus. Jus Corpus Law Journal. https://www.juscorpus.com/challenges-faced-by-women-lawyers-in-india/ [2] K.V, S. (2016, July 22). Gender Discrimination In The Legal Profession. iPleaders. https://blog.ipleaders.in/gender-discrimination-legal-profession [3] Monahan, A. (2019, April 5). The Gender Wage Gap in the Legal Profession. LiveAbout. https://www.liveabout.com/understanding-the-gender-wage-gap-in-the-legal-profession-400062 [4] Hofverberg, E. (2022, March 8). Kvennafridagurinn – The Day Icelandic Women Went on Strike. Library of Congress.  https://blogs.loc.gov/law/2022/03/kvennafridagurinn-the-day-icelandic-women-went-on-strike/ [5] https://odishabytes.com/womens-unequal-pay-for-equal-work/  

  • Sumasri Sumasri
How to Land Your Dream Job by Sending Cold Emails
Mar 24, 2023
How to Land Your Dream Job by Sending Cold Emails

Are you a recent graduate or someone looking to change jobs? Have you decided to pursue your dream job, but don't know how to get started? With the changing job market, the ways of applying for jobs and making connections are also evolving. Nowadays, it's possible to land your dream job by sending cold emails.   What is a Cold Email? Cold emails are unsolicited messages sent to people with whom you have no prior relationship or communication. The goal of a cold email is to initiate a conversation for collaboration, build professional relationships, or pursue business opportunities such as acquiring new customers or clients. Cold emails are commonly used for networking or job searching, but they are also frequently employed in sales and marketing to promote goods or services. For a cold email to be effective, it should be personalised, relevant, and well-targeted. However, if not done properly, it may be perceived as spam or unwanted communication.   Whom to cold mail or massage? Before diving into the steps and examples of cold emails, it's important to know to whom you should be sending them. If you're reaching out to a small business with 40 or fewer employees, try to target the CEO, CTO, or founding members. For mid-sized and larger companies, look to see if they have a designated HR department. LinkedIn can be a useful tool for identifying specific decision-makers or hiring managers within a company. You can often find their email address on their profile or on similar websites. Alternatively, you can connect with them and send a direct message by following the steps outlined for cold emailing. Or in the worst-case scenario for small businesses, it's typically just the founder's first name@firm domain. Together with first initial and last name, [email protected] also works effectively for mid-sized businesses.   Give a small introduction and the reason for contacting It's important to introduce yourself in a cold email and provide information about who you are, where you work, how you obtained their information, and why you're interested in their company. Clearly state your purpose early on in the email to capture their interest and give them a reason to continue reading. With the average attention span now at around 8 seconds, it's crucial to make a strong impression and grab their attention in the first few lines. Mention a few accomplishments of yours (if any) Think of your cold email as a sales pitch and use it to showcase your skills and qualities. Don't hesitate to mention your achievements and highlight your past experiences. Explain how you plan to use these experiences in the future and why you believe you would be a valuable asset to their company. By promoting your strengths and abilities, you can demonstrate why you're a good fit for the position and why they should consider you. Have a specific and reasonable request  It's important to avoid coming across as too demanding when sending a cold email. Instead, focus on building a relationship with the recipient. Asking for the job directly can be too upfront and may turn off the reader, potentially damaging your chances of making a connection. Instead, try to set up a time for a chat or call to discuss potential opportunities. Ask about the interview process or inquire if there are any recent job openings that might be a good fit for your skills and experience. By taking a more indirect approach, you can establish a connection with the recipient and build a relationship that may lead to future job opportunities. Follow up (3 times) If you don't receive a response to your cold email within a week, it's acceptable to send a brief follow-up email. Keep in mind that the person you're reaching out to may be busy and may have a backlog of emails to respond to. It's often necessary to follow up at least three times before giving up. Sending a great email only once may not be enough to be effective. In fact, several successful cold emails that resulted in interviews were only answered after several follow-ups.   Tips for do’s and don’t- DO’s Use a professional id  Email addresses that begin with fancy, unusual names, or numerals may not be taken seriously by potential employers. To make a good impression, it's best to use a professional-looking email address that includes your first and last name. This can help convey a sense of professionalism and seriousness to your potential employer. Write a strong subject line and keep it short When crafting a subject line for your cold email, it's important to keep it short, creative, and practical enough to entice the reader to open and read your message. You may want to consider using a common contact name or position within the company you're targeting to create a subject line that is both relevant and attention-grabbing. By doing so, you can increase the chances of your email being noticed and read by the recipient.   Leave room for conversation (build relationships) When closing your cold email, it's important to avoid using a closed-ended statement and instead, leave room for the next person to reply. If you have a connection with the recruiter or company, it's a good idea to mention it in your email. You may also want to try finding any alumni from your university who have worked with the company and mention that in your email as well. By doing so, you can demonstrate that you have a genuine interest in the company and increase your chances of getting a response.   DONTs Don’t follow up obsessively Following up on a cold email is essential, but it's important to avoid spamming the recipient with too many emails or messages. Instead, aim to follow up in a professional and courteous manner, and be patient in waiting for a response. Try not to look for HR always If possible, try to get in touch with the founding members or someone in charge of the recruiting process instead of relying solely on the HR department. While HR may receive a lot of these emails, there is a chance that yours could be overlooked. By targeting specific decision-makers within the company, you can increase the likelihood of your email being read and considered. Don’t send the same mail to everyone  Personalization is the key to crafting a successful cold email or message. Before you begin writing, do your homework on the person and company you are contacting. Avoid sending the same generic email to everyone with only minor changes to the name and address. This approach suggests a lack of effort and interest in the recipient and is unlikely to result in a positive response.   "Before sending cold emails, ensure that your resume is up-to-date. Keep in mind that cold emails typically have a low response rate and an even lower conversion rate. To improve your chances, consider sending 3 to 4 emails per day. With consistent effort and a well-crafted message, cold emailing can open the door to your dream job."   Samples-1 Dear/Hello/Greetings (First Name or Mr./Ms. Last Name) Hope you are doing well. My name is (your name) and I’m 21 years old. I am a (your profession). Have worked/done an internship with (provide company name) before. Currently looking for opportunities. I have experience in (name the fields). Your assistant provided me with this email so I could get in touch with you [or state the specific way you located the person's name and email]. The purpose of the mail is whether we can get into a call/meeting to discuss your career and whether there may be any upcoming opportunities with your company.  I have a flexible schedule so I can schedule a meeting or call at a time convenient for you.  I look forward to your response. Sincerely, (Your Name) Sample-2 Dear/Hello/Greetings (First Name or Mr./Ms. Last Name) Hope you are having a great day. I applied for an open position at (Company name)/ for the position of (the position you applied for) on your online career site. I believe the position fits incredibly well with my 15 years of experience in (your field). Attaching my profile for you to have a look at my work and experiences. (profile link). I recently followed you on the same business social media page and I appreciate the interesting articles you provide for job seekers and how you interact with candidates. We also have a common interest in AI. I'd love to schedule a call and talk with you further about the position and my experience. I can be available for next week's working hours. I look forward to speaking with you.  Sincerely, (Your Name)   LegalBots.in wishes you all the best!

  • Sumasri Sumasri
Interview with Rachna Shroff - A Career in Gaming Law
Jan 04, 2023
Interview with Rachna Shroff - A Career in Gaming Law

India is waking up to an all-encompassing central law on gaming. From constitutional tools to business imperatives and fundamental rights, the need of the hour is a think tank on this subject, devoted to identifying, evaluating, and brainstorming on the common threads of regulatory know-how across the entire gaming sector in India.  The gaming industry is currently undergoing significant and constant changes in relation to various aspects, such as amendments to state gaming laws, judgments by various High Courts and the Supreme Court of India, and an increased level of scrutiny by various enforcement bodies. It is anticipated that the gaming industry will see more significant changes in its regulatory framework in the coming years. In our effort to share more about gaming laws with you, we interviewed Rachna Shroff, a gaming lawyer who has been working in the corporate industry for more than a decade.    1. Please tell us a bit about yourself. I have been working as a lawyer for over 13 years now. I have had the opportunity to work in different fields, but I found my calling in gaming and technology laws. I am a Gold Medalist in M.B.A - Human Resources at Sri Sri University, Odisha awarded by the Governor of Odisha and H.H.Sri Sri Ravishankar, lifetime president of the University and Founder- Art of Living. I am also a faculty with the Art of Living – conducting Happiness Programs. This is where I owe my success and define myself as a happy successful lawyer.   2. Why did you decide to pursue law?  Law just happened! After 10th grade, I ended up choosing the Arts stream: we already had a family member studying Science, which made me realise that I wasn’t too inclined toward any other stream. When studying Arts, ‘political science’ as a subject interested me. My teachers suggested that law could be a suitable career path for me. So I took the necessary exams and landed in law school. I thoroughly enjoyed the entire journey of becoming a lawyer.    3. What inspired you to pursue MBA after completing your law degree? How has it helped you in your career?  Law has now been combined with so many other streams, especially management studies. Some of the best universities in India today offer law and management courses together. Law cannot be looked at as a linear subject anymore; it has to be studied with other subjects as there is a need for technically advanced minds. Coming back to the question, I wanted to study further but didn’t want to pursue the conventional path of LLM. My family was quite supportive, especially my older sister who encouraged me to pursue MBA. I improved both my technical and soft skills during my management studies. The way one communicates in the corporate world represents oneself, and deals with professionals are some of the major skills that I learned at business school. It enabled me to look at the bigger picture and widened my perspective, which I did not achieve while studying law. An in-house counsel ought to know how big corporations function. You have to connect with the business’s way of thinking and working. I learned to understand the company’s vision and strategies through management studies. While I was working as a lawyer before business school, I observed that most other departments were in sync with each other. However, the legal department often seemed detached from the others such as human resources, operations, finance, etc. After having worked as an in-house counsel for several years, I have an understanding of other departments and the business perspective. This empathy and understanding of each other lead to teamwork, growth, contribution, negotiation, support, and a positive atmosphere at the workplace. Pursuing MBA is one of the best decisions I have ever made. Also, being a law student in business school was quite an interesting experience. There were subjects such as business law which I was already familiar with. I remember teaching my peers the subject during exams.    4. Please tell us what ‘gaming law’ is and how you ended up in this niche sector of law. How challenging or exciting do you find this area of law?  I think life is supposed to happen and it’s happening to me in the most beautiful way. All this while I was looking for my calling and I think I finally found it in gaming laws. I am in love with the sector: it is dynamic and challenging. As to what gaming law is, we need to first understand that there is no particular “gaming law'' in India as of now. The legal basis for gaming in India lies in the pre-independence “Gambling Act” and a few landmark judgments from the Supreme Court, namely, RMD Chamarbaugwala v. UOI, KR Lakshman case, and Satyanarayana case. These cases gave us a rule that if there is a dominance of skill over chance in a game then it will be determined as a game of skill; if profits/earnings result from it, it will not be considered as gambling, wagering, or betting, rather it will be considered as a legal business activity which any organisation can run.  However, the pre-independence Act has given all the States the right to draft their own laws by adopting The Public Gambling Act. Currently, every State has its own rules, which poses a challenge for online gaming operations because there is no common or particular law, and the base is gambling laws which barely provide any clarity on gaming laws.  But, I am sure in the future when we have new digital/data protection laws or online gaming regulations, it will help the gaming industry with its particular set of laws. Then it would be more regulated and less complicated. The gaming sector is booming right now! There is no stopping this industry because people have to understand that it’s a subset of technology law that is growing fast in terms of revenue and market. We have to differentiate it from gambling and consider  respect for the judgements passed by the judiciary. Thus the most important concern presently is a central piece of gaming legislation in the country.    5. Recently, the Online Gaming (Regulation) Bill, 2022 was passed in Parliament. What is your opinion about banning online gaming in several States? Is India anywhere in line with becoming one of the fastest-growing online gaming industries? India is one of the leading countries in Asia in terms of revenues and gamers, however, there has been a ban on online gaming in several States as every State has its own gaming laws. On one side while the sector is growing, on the other we have too many litigations and orders which are resulting in the complete banning of online gaming without any logical basis. Even Supreme Court precedents are being ignored. The recent regulation bill is a good initiative but until and unless the committee comes to a conclusion, we have to wait and watch. I am hoping that they would take into consideration the global view on gaming and there is a balanced approach. The gaming industry has been generating so much revenue, huge amounts of taxes are being paid, employment opportunities have been generated, and more importantly, boosting India’s technological progress. It is an industry that is contributing tremendously to the country’s economy. With the banning of gaming in some states, we desperately need central legislation that provides clarification on how and when a ban can be imposed on gaming and also highlights the difference between a game of chance and a game of skill.  The Pandemic has resulted in an increase in the number of gamers in India. During Covid, the gaming law sector also gained popularity. Thus given the right support from the government in terms of regulations, India definitely is in the race to rule the gaming world.    6. How was the experience as an in-house counsel in the gaming industry, what does your regular day look like? Being an in-house counsel gave me an amazing amount of exposure as you don’t deal with one area of law. Your work includes dealing with litigation, contracts, regulation, compliances, taxation, etc. Apart from that you get the opportunity to train across the organisation, create policies, meet external agencies and work with top-notch counsels. Over the course of time if you stay in a particular industry then you develop the expertise of that industry. It is important to develop academics as well as your soft skills while studying because when you land, you would be learning the work in a completely new way. It would be a restart button when you move out of your college! So better to build your other skills while you’re developing your technical skills. If you ask about my regular day as an in-house counsel then it consists of a lot of meetings, reviewing contracts, ad-hoc calls, emergency meetings, flying down to one city from another to hold meetings and conferences, training my team, and strategizing work. Apart from that, I individually hold workshops and webinars on gaming laws as I have realised that there are very few people who know about this area, especially the young generation of lawyers.      7. What is your advice for students/young professionals who want to pursue a career in gaming law? How can they go about it? What avenues are open in this field? Who are the major players in the gaming industry in India? My advice to everyone who is reading this is to keep calm and not fuss about getting a job or internship because you’ll definitely land where you should. Prioritise upscaling yourself, developing your skills, introducing yourself to self-care techniques such as yoga and meditation, developing hobbies, and developing your personality while you’re developing your technical skills as well. Prioritise developing your soft skills as this will give you an edge over others.  India has over 900 startups in the gaming industry; this is a huge pool. You can work as an in-house counsel or work with governmental agencies on policies helping them draft gaming regulations, or you can associate yourself with a law firm that deals with technology and gaming laws. This is an interesting time to work in this industry as the laws are still developing; there are a lot of opportunities to learn and contribute to the sector. However, please don’t assume that this is an easy-going area of law with little work and great pay. I would like to stress that there are no shortcuts; one really has to work hard in this industry to achieve success. It is not an easy area, it is as hectic and fruitful as any other demanding job today.  Prioritise being happy and then work hard to achieve your goals rather than achieving goals and then being happy. Play sports, go trekking, have a social life, and contribute to society by being kind to people. Don’t wait for somebody to sympathise with you. Land your dream job/internship through your soft skills and personality. Build your skills first, find your area of interest and then pursue it. If you ever need any advice on how to develop your soft skills, reach out to me on LinkedIn https://www.linkedin.com/in/rachnashroff/. I'll try my best to guide you!  

  • Sumasri Sumasri
List of National Law Universities in India
Nov 17, 2022
List of National Law Universities in India

National Law Universities (NLU) or National Law Schools are public law schools and the most desired law schools in India. NLUs in India has been established by the Acts of the State governments. NLUs in India are single-discipline universities. They offer integrated honours and law degree programmes.    Law colleges established under NLU fall under the supervision of the Chief Justice of the High Court of the State in question. NLUs were created on the pattern of IIMs and IITs. NLUs have changed the face of legal education in India. In fact, India is the only country in the world which has universities for legal discipline alone. Today, we have 23 NLUs affiliated with the Bar Council of India (BCI) in India, out of which 22 are admitting students through the Common Law Admission Test (CLAT) (National Law University, Delhi has its own separate test, i.e, AILET). From 1987 to 2007, there were only seven NLUs each having its own test.    In 2015, the seeds of the CLAT Consortium were sown and participating NLUs deliberated to found the Consortium in the larger interest of conducting the Common Law Admission Test (CLAT), a national entrance examination for admission under various law programs in the NLUs. The Consortium became the legal entity when it was registered in Bangalore under the Karnataka Co-operative Society Act, of 2019 in which 16 NLUs signed and became the founding members of the Consortium. The remaining NLUs (except National Law University, Delhi) subsequently joined the Consortium. It has three permanent members, i.e., National Law School of India University (NLSIU), Bangalore, National Academy of Legal Studies and Research (NALSAR), Hyderabad, and National Law Institute (NLIU), Bhopal. Below is a list of all the national law schools in India:   1. National Law School of India University, Bengaluru The first NLU was the National Law School of India University (NLSIU), located in Bangalore, which admitted its first batch in 1988. It has consistently been ranked as the best institute for law in India. At present, NLSIU Bangalore offers BA LLB at the UG level while at the PG level it offers programmes such as LLM, MPP, MBL and PG Diploma.    2. NLIU, Bhopal National Law Institute University Bhopal (NLIU Bhopal) is a public law school and a National Law University in the Indian city of Bhopal. It is the second law school created under the National Law School system, having been founded in 1997 by the state of Madhya Pradesh.   3. NALSAR, Hyderabad NALSAR University of Law, officially known as the National Academy of Legal Studies and Research, is a National Law University in Secunderabad, Hyderabad. An Act of the Andhra Pradesh State Legislature founded the University in 1998. The University Grants Commission (UGC) has accredited it with an "A" rating. The University provides full-time UG, PG, doctoral, and diploma programmes in law and management.   4. NUJS, Kolkata The West Bengal National University of Juridical Sciences (WBNUJS or NUJS) is an excellent National Law University located in Bidhannagar, Kolkata, West Bengal, India. It is also known as the Columbia of the East. NUJS was founded in 1999 by the Bar Council of India (BCI) in collaboration with the West Bengal government.   5. NLU, Jodhpur National Law University, Jodhpur (NLUJ) is a National Law University created by the Rajasthan State Legislature under the National Law University, Jodhpur, Act, 1999. The university's first UG and PG batch was accepted in 2001, with the Undergraduate batch graduating in 2006 and the university's first convocation taking place in 2007.   6. HNLU, Raipur Hidayatullah National Law University (HNLU), founded in 2003, is a public law school and a National Law University in the Indian city of New Raipur. The university is named after Justice Mohammad Hidayatullah, a former Chief Justice of India. It is one of India's independent law schools, the sixth in a sequence of such national law schools. The Government of Chhattisgarh created it as a centre for legal excellence under the Hidayatullah National University of Law, Chhattisgarh, Act (Act No.10 of 2003). The institution provides an integrated B.A. LL.B. (Hons.) programme, an L.L.M. programme, and a PhD programme.   7. GNLU, Gandhinagar The Gujarat National Law University (GNLU) is a National Law University founded in the state of Gujarat under the Gujarat National Law University Act, 2003. The University is modelled after the National Law School of India University (NLSIU) in Bangalore. The GNLU was the country's sixth National Law University (NLU).     8. NUALS, Kochi The National University of Advanced Legal Studies (NUALS) is an Indian National Law University and a public law school in Kochi. It is Kerala's first and only National Law University, as well as one of India's 23 NLUs. The Common Law Admission Test is used to determine admission to the university. The National University of Advanced Legal Studies was founded by the National University of Advanced Legal Studies Act, 2005, which was enacted by the Kerala Legislative Assembly in 2005.   9.RMLNLU, Lucknow Dr. Ram Manohar Lohiya National Law University (RMLNLU) is a public law school and a National Law University in the Indian city of Lucknow. It was founded in 2005 as the Dr. Ram Manohar Lohiya National Law Institute and officially opened on January 4, 2006.   10. RGNUL, Patiala RGNUL (Rajiv Gandhi National University of Law) is a public law school and a National Law University in Patiala, Punjab, India. The Punjab Government created it in 2006 (Punjab Act No. 12 of 2006) as a university specialising in legal education.   11. CNLU, Patna Chanakya National Law University (CNLU) is a public law school and a National Law University in Patna, Bihar, India. The Government of Bihar established it as a public university dedicated to legal education in 2006 (Bihar Act 24 of 2006). The university's chancellor is the Chief Justice of the Patna High Court. It is one of India's self-governing law schools. The campus is around 18 acres in size and is located in the heart of the city in the Mithapur region.   12. National Law University, Delhi  It was founded in 2008 by Act No. 1 of 2008 of NCT Delhi in the National Capital Territory of Delhi at the urging of the Delhi High Court. The institution began operations in temporary structures in 2008. By 2010, the college's construction had been finished and it was fully operational. It is now recognised as India's second-best NLU. It conducts its own law entrance examinations through AILET.    13.NLU Odisha, Cuttack National Law University Odisha (NLUO) is a public law school and a National Law University in India located at Cuttack, Odisha. It was established in 2008 (Act 4 of 2008) under the National Law University Act, commencing its first batch in July 2009. The institute offers undergraduate (integrated B.A., LL.B., BBA/LL.M, M.Phil., PhD) and post-graduate courses in law.   14. DSNLU, Visakhapatnam The DSNLU Act of 2008 established the Damodaram Sanjivayya National Law University (DSNLU) at Sabbavaram, Anakapalli district, Andhra Pradesh, India. It provides a five-year integrated B.A. LLB. (Hons.) education to qualified undergraduate students through a centralised admission process based on the Common Law Admission Test. The University also provides postgraduate courses, including the one-year LL.M. programme, as well as PhD and LL.D. programmes. In the first phase, the university is situated in Nyayaprastha in Sabbavaram, with a built-up area of 75.5 acres. The Andhra Pradesh Legislative Assembly's founding Act of 2008 (Act No. 32 of 2008) allowed for the main campus at Visakhapatnam.    15. NLU Assam, Guwahati National Law University and Judicial Academy, Assam (NLUJA or NLUJAA) is a National Law University located in Guwahati, Assam, India. It was established in 2009 through an Act passed by the State Legislature of Assam (Assam Act XXV of 2009) as a public university dedicated to the field of legal education and the first batch was started in 2011.   16. NUSRL, Ranchi The National University of Study and Research in Law (NUSRL) is a law school in Ranchi, Jharkhand, India. In 2010, the State of Jharkhand created the fourteenth National Law University of India by legislative legislation (Act No. 4 of 2010). The 63.76-acre campus is one of India's major National Law Universities. It is also regarded as the tenth finest institution among NLUs in India.   17. TNNLU, Trichy Tamil Nadu National Law University (TNNLU), formerly known as Tamil Nadu National Law School (TNNLS), is a National Law University in Tamil Nadu, India. The Common Law Admission Test is used to determine admission to the university. The Tamil Nadu Government created it in 2012 by the Tamil Nadu National Law School Act, 2012,[1] with an initial donation of 100 crores (equivalent to 160 crores or US$20 million in 2020). The Act was changed in 2018 to replace the phrase "School" with the word "University."   18. Dr B.R. Ambedkar National Law University, Sonipat Dr B.R. Ambedkar National Law University (DBRANLU) is a National Law University in Sonipat, Haryana, India. It is the 23rd National Law University in India, founded in 2012 by the State Government of Haryana by State Legislature Act No. 15 of 2012. The university's name was changed from 'The National Law University Haryana' to 'Dr. B.R. Ambedkar National Law University Sonepat' in 2014, in honour of B. R. Ambedkar, social reformer and author of the Indian Constitution.   19. MNLU, Mumbai The Maharashtra National Legal University Mumbai (MNLU Mumbai) is a National Law University in Mumbai, Maharashtra, India, and is one of the country's most distinguished law schools. On March 20, 2014, the Maharashtra National Law University Mumbai was formed under the Maharashtra National Law University Act 2014. MNLU Mumbai provides a five-year integrated B.A. LL.B.(Hons.) curriculum as well as LL.M. programmes. Students must pass the CLAT in order to be admitted to a UG or PG programme.   20. MNLU, Nagpur Maharashtra National Law University Nagpur (MNLU) (also known as National Law University, Nagpur or NLU Nagpur) founded in the year 2016, is a public law school created by the government under the Maharashtra National Law University Act (Maharashtra Act No. VI of 2014).  The university is India's 19th National Law University and is located in Nagpur, Maharashtra's Orange City.  The institution is led by the Chief Justice of India.   21. HPNLU, Shimla Himachal Pradesh National Law University Shimla (HPNLU Shimla) is a National Law University in Shimla, Himachal Pradesh, India. It is India's twenty-first National Law University. The Himachal Pradesh High Court governs NLU Shimla. The Himachal Pradesh National Law University (HPNLU, Shimla) was created by an Act of the Legislature passed by the State Legislature in 2016. (Act 16 of 2016). The University began operations on October 5, 2016. The original batch of B.A.LL. B.   22. MNLU, Aurangabad MNLU Aurangabad (MNLU Aurangabad, MNLUA) is a National Law University located in Aurangabad, Maharashtra, India. It was established in 2017 by the Maharashtra government as the third and final university to be established under the Maharashtra National Law University Act, 2014, following the Maharashtra National Law University, Mumbai and the Maharashtra National Law University, Nagpur. It is India's 21st National Law University.   23. NLU, Jabalpur Dharmashastra National Law University, Jabalpur is an Indian National Law University in Jabalpur, Madhya Pradesh.  The Madhya Pradesh Dharmashastra National Law University Ordinance of 2018 created it. As of 2021, the university's chancellor is the Chief Justice of the Madhya Pradesh High Court.    

  • Sumasri Sumasri
The Law Student Toolkit India Edition
Nov 01, 2022
The Law Student Toolkit India Edition

Dear Readers, Today LegalBots.in is a leading career portal for the Indian legal community, thanks to your love and support.  On our website, law students and law professionals can find a plethora of career opportunities and career related information, including:   jobs,  internships,  legal events,  law exam updates,  law courses,  career guidance, Scholarships and fellowship updates etc.  It has always been our top priority to add value, in every means possible, to our users.  With the intention to add further value, particularly to law aspirants and law students, we have now launched our first ever student guide: “The Law Student Toolkit: India Edition”. You can access it here:   https://drive.google.com/file/d/1rvje3snISZl24OY24tdbG7wd6glPPmuV/view?usp=share_link This Toolkit aims to provide guidance on law studies in India. It focuses on aspects such as what law is about and whether it is a suitable career stream for you, about law education in India, ways in which to make the most of law school years,  about career options available to you post obtaining a degree in law.  Topics covered include guidance on selecting law courses and universities, cover letter drafting, resume building, networking, moots, internships, writing research papers, specialisations in the legal stream, etc. We hope you make the best of this Toolkit and find success in law school and beyond! LegalBots.in wishes you the best!

  • Superadmin Superadmin
Career As A Public Policy Lawyer In India
Oct 17, 2022
Career As A Public Policy Lawyer In India

 What Is Public Policy? Essentially, public policy is a set of laws, guidelines, and actions decided and taken by governments in order to work in the interest of the public. The public policy includes a broad area of government laws, regulations, court decisions, government plans and guidelines, local ordinances, and the effect of these on the public.   Skills Required For A Career In Public Policy A legal career in the field of public policy is a niche, engaging and challenging. Needless to say, employers look for specific skill sets while looking for policy-related positions. Given below are some of the basic skills that are mostly sought after in the perfect candidate Strong Research Skills To Collect Or Analyze Data And Synthesize Complex Information The core of public policy involves conducting extensive research on a variety of issues which may include primary research in which the researcher is directly involved in the data collection process or secondary research where the individual uses already existing data to suit his or her research goal.   Evidence Of Quantitative Abilities/Knowledge Of Statistics And Economics Because most positions in public policy involve dealing with data, skills in quantitative abilities and an understanding of fundamental economics is always preferred by recruiters.  A Clear, Persuasive Writing Style To Monitor And/Or Report Data A large chunk of the work involved at a public policy organisation includes gathering large amounts of raw data and then processing it to draw logical conclusions that support ongoing research. Furthermore, policy monitoring is a process by which stakeholders follow and assess policies to ensure they are developed, endorsed, enacted, and implemented as intended. Public Speaking As part of your position, you may be asked to engage with the public on policy issues through speeches or competitions. Consulting with the masses and gauging their inclination on a particular policy stance is, indeed, crucial for finalising policies prior to launch. This can be done through systematic public speaking which serves as a stage for recording public opinion. Moreover, you may also be asked to write policy speeches for a client. This may be similar to creating a persuasive speech that is designed to influence opinion on some area of public policy.  Knowledge Of Legal, Political Issues Public policy lawyers often work in high-pressure environments dealing with the latest legal and political issues. Therefore, it is important to keep oneself updated regarding the same and more importantly, cultivate a habit of reading extensively.  Knowledge Of And Commitment To A Particular Public Affair Issue Or Constituency As far as legal careers are concerned, the field of public policy falls on the unconventional end of the spectrum and therefore the threshold of commitment is higher. One must be passionate about the field and what it entails. Recruiters usually look for candidates which have a strong interest in public affair issues in general or specific to a region.  Ability To Work Independently On Multiple Tasks The degree of oversight in public policy organisations is usually less compared to other legal workplaces. Therefore, candidates are required to work with a high degree of responsibility and diligence.   Tasks Involved Among other tasks, a career as a public policy lawyer involves:   Legislative Assistance A legislative assistant (LA) drafts and edits legislation, including bills, rules or other items. Other job duties include generating ideas for legislation and writing speeches to introduce new legislation to a committee or legislature at the state or central level.   Research  Research in a public policy organisation involves monitoring progress of research projects and coordinates information between departmental sections. Researchers perform a wide and complex variety of assays, test, and studies as well as highly specialized and advanced experiments.    Public Affairs A public affairs specialist plans, directs, or coordinates activities designed to create or maintain a favourable public image or to raise issue awareness for their organization or client; or if engaged in fundraising, plan, direct, or coordinate activities to solicit and maintain funds for special projects or non-profit organizations.   Policy Monitoring Policy monitoring involves- appraising the policy environment,  gauging the level and quality of stakeholder engagement,  documenting the progress of policy development and the legislative endorsement of policy,  putting policies into practice through financing and implementation planning, and  evaluating outcomes of implementation.   Why Should You Pursue A Career In Public Policy? A degree in public policy is versatile and relevant across sectors. Employers in various industries are looking for professionals who can think critically about policy and program impact. If you are interested in working in the public sector, a public policy degree is an effective and well-regarded pathway to both political and non-political careers. Political careers include running for state and local office, working with elected officials, managing campaign operations, and assuming roles in legislative and political analysis, as well as events and communications.  Nonpolitical options encompass program analysts and administrators, public relations experts, and roles in local, state, national, and international government agencies. The nonprofit sector has always been a reliable employer of public policy graduates. In fact, in some graduate programs, the nonprofit sector accounts for most alumni job placements. In the nonprofit sector, public policy careers include roles in advocacy, policy analysis, government relations, and research.  The intersection of policy development and business decisions is evidenced in a range of private sector careers. Public Policy graduates working in the private sector can be found in government relations and policy roles as well as roles traditionally held by MBA graduates, including marketing, consulting, and communications. Further, if you are interested in social impact, corporate social responsibility, and advocacy within business, public policy is a strong pathway to apply for jobs in these areas. In addition to this, due to the nature of policy-making, it is critical to contextualize technical skills within a framework of interaction, negotiation, and decision-making. As such, Public Policy students will also develop key professional skills such as leadership, collaboration, persuasive communication, and effective oral and written presentation. Typical courses include, ethical leadership, organizational behavior and management, and political communication. In addition to skills-focused coursework, Public Policy graduate programs often include required internship components and other hands-on co-curricular opportunities. As a result, graduates both learn and apply technical and professional skills throughout their programs. Public Policy is still a young field in India that holds great potential. In a developing country like India, more and more citizens want a say in policy making, therefore the need for policy professionals is growing. A masters in public policy will enable you to do this and the opportunities are endless.   How To Get Started In A Career In Public Policy Understanding Opportunities Public policy as a diverse field offers ample opportunities across the three spheres:  Public sector or governmental organisations Private sector which includes private firms working with the government or private stakeholders Non-governmental, non-profit, value driven entities Once you decide which area you wish to work in, try and understand which policy issues interest you the most. For example, you may choose from varying issues such as agriculture, climate change, social justice, etc.   Educating Yourself On Public Policy Needless to say, before you embark on a career in public policy, it is important to understand what working in the sector means and gaining all the relevant knowledge that will hold you in good stead. For example, it is important to learn: The relevant terminology that is commonly used in the field or the terms that are used in statutes, regulations, etc. How legislative and executive processes in the country work- for example, what is the journey of a new policy from concept to implementation, how budgeting or rule making works, etc. Key Governing Laws- for example, if your subject of interest is something that falls in the Concurrent List, you may have to familiarise yourself with the laws on the subject at both state and central government levels. Current issues being faced or policies under consideration By becoming knowledgeable in these aspects, a candidate is able to increase his value to organisations and build his strengths as a top contender.    Understanding Your Skills And Target Roles Public policy as a career itself offers a variety of roles and while you may be proficient in some, others may not suit you. It is therefore important to reflect on your skills at an early stage and determine the type of work you love doing the most. This clarity will help you determine which specific roles you wish to pursue. Some roles that are offered in a public policy organisation include: Community Organizer  Data Analyst  Government & Public Affairs Coordinator  Lobbyist  Outreach & Communications Specialist  Policy Associate  Research Assistant You may take a few other factors into consideration such as which roles have more demand in India, which compensate better, etc. and decide accordingly.   Gaining The Relevant Experience While knowledge is important, so is experience. In fact, public policy is one such field of work where hands-on experience is immensely valued. As a law student, you may choose to work with non-profit organisations or public policy think-tanks to get an idea how actual tasks are conducted and also to understand whether you are a correct fit for this sector. Internships are also immensely valuable in building the relevant skills and making valuable connections.   Leading Public Policy Organisations In India Vidhi Centre For Legal Policy The Vidhi Centre for Legal Policy (‘Vidhi’) is an independent think-tank doing legal research to make better laws and improve governance for the public good. This is done through high quality, peer reviewed original legal research; through engaging with the Government of India, State governments and other public institutions to both inform policy-making and to effectively convert policy into law; and through strategic litigation petitioning courts on important law and policy issues. Official Website: https://vidhilegalpolicy.in/  All details regarding recruitment and internships are available HERE.  Centre For Civil Society (CCS) The Centre for Civil Society advances social change through public policy. Their work in education, livelihood, and policy training promotes choice and accountability across private and public sectors. To translate policy into practice, the team engages with policy and opinion leaders through research, pilot projects and policy training. CCS is currently India’s leading liberal think tank, ranked 5th in India and 83rd in the world by the annual study conducted by 2021 Global Go To Think Tank Index Report released by the University of Pennsylvania. Official Website: https://ccs.in/  All details regarding recruitment and internships are available HERE and HERE. The Centre for Law and Policy Research (CLPR), Bangalore The Centre for Law and Policy Research (CLPR) is a not-for-profit trust that was started in 2009 by Jayna Kothari and Sudhir Krishnaswamy. The organisation takes a multidisciplinary approach towards public interest intervention and legal research which is built on an ethic of social engagement and a rigorous and independent analysis of the law. Through their work, they aim to equip citizens to better evaluate their own socio-political contexts and improve access to justice to marginalised groups. Official Website: https://clpr.org.in/ All details regarding recruitment and internships are available HERE. Centre For Policy Research The Centre for Policy Research (CPR) has been one of India’s leading public policy think tanks since 1973. CPR is a non-profit, non-partisan, independent institution dedicated to conducting research that contributes to high quality scholarship, better policies, and a more robust public discourse about the issues that impact life in India. Official Website: https://cprindia.org/  All details regarding recruitment and internships are available HERE. TQH TQH is a Delhi-based organisation that was founded in 2017 with the express intent of working on complex public policy problems in the dynamically evolving Indian ecosystem. Set up as a consulting firm, TQH was conceptualised to bridge the gap that exists in the policy space. TQH works with a host of clients – both private and public – on challenging policy problems across a range of sectors. We also undertake in-house research to push the thinking on important policy issues being deliberated by the government. Official Website: https://thequantumhub.com/  All details regarding recruitment and internships are available HERE.   Salary And Remuneration Compensation-wise, the field of public policy pays well as one gains seniority and more experience. It is a rewarding field and there is more job satisfaction as compared to conventional legal roles. The salary of a policy analyst in India ranges between Rs 3.7 Lakhs to Rs 17.4 Lakhs with an average annual salary of Rs 7.0 Lakhs, according to Ambition Box. Also, according to Ambition Box, the average annual salary in one of the leading public policy organisations, Vidhi Centre For Legal Policy, is Rs 14.8 lakhs.  In order to know what avenues are open in this field, or what a career in this space would be like, we at LegalBots.in have interviewed Yash Agarwal[1], who works as a Public Policy Associate at a renowned social media platform. Yash also runs and leads ‘Public Policy India’[2], a knowledge platform dedicated to making Public Policy more engaging and accessible for citizens. To read the full interview on Career in Public Policy, please click HERE.        [1] https://www.linkedin.com/in/yashagarwalm/?originalSubdomain=in [2] https://publicpolicyindia.com/

  • Sumasri Sumasri
Benefits Of Pursuing A CS (Company Secretary) Course For A  Law Student/Professional
Sep 05, 2022
Benefits Of Pursuing A CS (Company Secretary) Course For A Law Student/Professional

Introduction The demand for skilled professionals, particularly a Company Secretary, has grown as a result of globalization and the emergence of new companies. It is one of the most specialised and highly desirable professions, which only a few people can successfully pursue each year. The job is among the highest paying careers for commerce students and has a very varied profile. It is responsible for a wide range of company-related duties, including governance concerns, legal compliances, securities and exchanges, taxation, etc. However, in to become one of these business leaders, a person must be a certified company secretary, which may be accomplished by enrolling in a CS course, one of the most popular business management courses.   What Is A CS Course? The CS course, often known as the Company Secretary course, is specifically intended for students who have prior business experience. Any student who has completed the criteria is eligible to enroll in this course. The course is a three-year program offered by a statutory body named the Institute of Company Secretaries of India (ICSI). It is almost identical to other professional programs like the ICWA course, CA, etc., and comprises three stages, the eligibility for which varies depending on the credentials of the candidate. The candidates must pass a rigorous exam administered by ICSI to pass these stages. Only successful candidates get certified as Company Secretaries and can thereafter work in positions with high salaries.   What Is The Importance Of a Company Secretary Course For A Law Student? In today's world, a profession in law has become quite active. The field offers a plethora of opportunities. Numerous changes are being made to the existing laws. In 2013, a new version of the Companies Act was enacted. Therefore, a lawyer qualified in the CS course is likely to have access to a wide range of opportunities.  It is a well-known course that offers additional knowledge to set oneself apart and makes one highly desirable in the sphere of fierce competition with a good salary and other benefits. Furthermore, a professional course will undoubtedly add a professional certification to the name of the individual, which increases his employability. The syllabus of the three staged courses is identical to that of the business and corporate law courses. Even if someone enrolls in a CS Programme to add a degree to his resume, he stands to benefit to some extent from it.   What are the three stages of CS? Foundation Programme: The first stage to pass to become a CS is CS Foundation. Candidates must have passed the Senior Secondary (10+2) examination at a Board or University established by Indian law, or at any other examination deemed equivalent by the Central Government. The duration of the Foundation Programme is 8 months, excluding the months of admission and the examination. Students enrolled in the Foundation Program must pass the Foundation exam three years after admission. Business Environment & Law, Business Management, Ethics, and Entrepreneurship, Business Economics, and Fundamentals of Accounting and Auditing are among the topics one must study to pass the CS Foundation Exam. ICSI Company Secretary Foundation Programme has been replaced with CSEET (CS Executive Entrance Test) since about February 2020. After the completion of this stage, there are two more stages to be completed to become CS. Executive Programme: The Executive Programme is the next stage in the CS curriculum. In total, eight papers in the two modules make up this programme. At their convenience, students can choose to take either or both of the modules together. Out of the eight papers, four are subjective questions that require students to write down their answers, and four are multiple-choice exams that are graded using an OMR sheet. The topic covers capital markets, securities laws, tax laws, and interpretation of general and company laws. Professional Programme:  The Professional Programme is the last stage of the CS curriculum. This module is divided into three separate modules, each of which has three papers, for a total of nine papers. The nine papers for this professional programme are all subjective, although two of the nine papers are open book exams, allowing students to bring their books and notes with them when they show up for the exam. The topic covers advanced tax laws, drafting, appearances, pleadings, secretarial audits, compliance management, and due diligence. It also covers risk management, compliance, and ethics.   Curriculum Of The Company Secretary Course   Foundation Programme [4 Papers]( New Syllabus – W.E.F. 1st April 2017 )   Business Environment And Law Business Management, Ethics & Entrepreneurship Business Economics Fundamentals Of Accounting And Auditing   Executive Programme [8papers] ( New Syllabus – W.E.F. 1st Mar 2018 ) Module I (4papers)     1. Jurisprudence, Interpretation & General Laws 2. Company Law 3. Setting Up Of Business Entities And Closure 4. Tax Laws Module II (4 Papers)     5. Corporate & Management Accounting 6. Securities Laws & Capital Markets 7. Economic, Business, And Commercial Laws 8. Financial And Strategic Management   Professional Program (NEW SYLLABUS – w.e.f. 1st September 2018 ) Module 1 1. Governance, Risk Management, Compliances, And Ethics 2. Advanced Tax Laws 3. Drafting, Pleadings, And Appearances Module 2 4. Secretarial Audit 5. Corporate Restructuring 6. Resolution Of Corporate Disputes Module 3 7.Corporate Funding & Listings In Stock Exchanges 8. Multidisciplinary Case Studies 9. Electives 1 Out Of Below 8 Subjects (The Examination For This Paper Will Be Open Book Examination) 9.1. Banking  Law And Practice 9.2. Insurance Law And Practice 9.3. Intellectual Property Rights– Laws And Practices 9.4. Forensic Audit 9.5. Direct Tax Law & Practice 9.6 Labour Laws & Practice 9.7 Valuations & Business Modelling 9.8 Insolvency – Law And Practice   Course Fees Involved: CS Foundation Programme               Rs.4500/- CS Executive Programme Rs.9000/- for Commerce Graduates Rs 12,500/- for CPT passed of ICAI / Foundation passed of ICAI-CMA   Rs 10,000/- for Non-Commerce Students Rs 8,500/- for CS Foundation passed students CS Professional Programme Rs.12,000/-  Official Source   DETAILS OF EXAMS INVOLVED Examination for the Company Secretary course is conducted twice a year in June and December. The Institute allows students to appear in examinations in English as well as in Hindi. (Except Business Communication subject of Foundation Program) Examination fee  Foundation Programme  -Rs. 1200/-  Executive Programme     -  Rs. 1200/- per Module  Professional Programme  -Rs. 1200/- per Module Qualifying Marks  A candidate is declared to have passed the Foundation / Executive / Professional examination if he/she secures at one sitting a minimum of 40% marks in each paper and 50% marks in the aggregate of all subjects.   Why Do Law Students Pursue The CS Course? A professional course like "Company Secretary" covers a variety of topics, including law, tax law, management, accounting, and more. Those who choose to serve as company secretaries are accountable for ensuring the company they work for complies with all applicable rules and regulations. In general, a company secretary is in charge of all legal issues. The Board Report, the Company's Financial Statements, and other significant papers are all signed by the Company Secretary. Furthermore,- Every big organization needs someone who could advise the Board of Directors and help them develop plans and policies A Company needs an organizer who can keep track of share allocation, generate and distribute share certificates and supervise the production of various statutory, annual and director’s reports An organization might need an agent who acts on behalf of the company and enters into contracts while the company’s directors can focus on other strategic matters A company needs a medium that directly connects and communicates required information to all the company’s stakeholders. According to the Companies Act of 2013, appointing a company secretary is required for a certain kind of company. LLB works with all aspects of law, whereas a company secretary can only work for corporations. LLB covers a range of legal topics, including corporate law, criminal law, and civil law. If interested, a person can enrol in both the LLB and CS programmes. Given that CS covers a wide range of law and LLB focuses solely on law, it will make for a solid match. While Company Secretary can only be studied at the Institute of Company Secretaries of India, LLB can be pursued at any university.   What are the advantages of doing both CS and law? The Company Secretary Program increases the chances of being hired for a senior designation that also comes with a sterling benefit package. Not only will it open the doors to a variety of options, but it will also give the holder a clear advantage over a normal dual- or single-degree graduate.  Gaining improved prospects during your career depends heavily on your qualifications. It has been rightly stated that the combination of a career and a passion is a beautiful thing. There is nothing wrong with pursuing a career as a company secretary in addition to a legal degree if one is truly interested in corporate and business law. A CS Being a professional is well-respected in society, and having a CS degree and an LLB degree shows that you have put a lot of effort into your career. You are likely to command greater respect from others and have greater social standing.    What are the challenges in pursuing law with CS? Both the LLB and CS courses are challenging. The thing they both have in common is “law”. Time management is the first and perhaps one of the biggest challenges involved. Due to CS examinations, LLB exams may also suffer significantly. Exam schedules are also highly demanding, and it is clear that someone who is weary cannot study effectively. The second challenge that one could face is topic weightage. For instance, the Indian Penal Code, CPC, CrPC, etc. are treated in length in LLB but just the most salient provisions are covered in CS. In contrast, CS merely provides a cursory overview of the Constitution, whereas LLB requires extensive study.  The Income Tax Act, The GST Act, The Customs Act, The Contract Act, The Negotiable Instrument Act, and The Sale of Goods Act are some of the very important acts in the CS company act and have a high weightage, whereas the LLB these acts have a relatively low weightage which makes preparation difficult. In other words, the parity is less between the two courses which require the student to dedicate more time. The third issue is that whereas CS can be completed without attending regular classes, this is not an option for LLB. There are numerous more difficulties that a person may have, but these three are the ones that can have the biggest effect on the outcome. However, the CS course is a great advantage for law students and if the long-term hard work and determination can be sustained, all the challenges will appear to be simple.   What Are The Career Prospects After Pursuing CS For Law Students? Firstly, Students studying law who choose Company Secretary as an additional subject will have the chance to work as legal consultants for firms, private companies, banks, financial institutions, the ministry of corporate affairs, the department of company affairs, and other regulatory bodies. It should be highlighted that the aforementioned person will also be qualified to launch their own company or independent practice.  Secondly, A Company Secretary is granted special status under the Companies Act of 2013 as KMP (Key Managerial Personnel) and other related parties, together with the managing director (MD), chief financial officer (CFO), manager, whole-time director(s), or chief executive officer (CEO).   What Is The Salary Of A Lawyer With a CS Degree? Two degrees, especially in a professional field, will help land a good job. Due to the value, you will contribute to the company by having both qualifications, you will be paid more. Your salary will mostly rely on the type of company you work for, either public or private. Whether a corporation is local, domestic, or global also affects the answer.  Private entities like Multi-National Companies or Fortune 500 companies usually pay better than government organisations. If it is a government organisation, it depends on which grade you join and whether the department falls under state or central government.  The annual remuneration of a Legal and Company Secretary in India ranges between ? 4.0 Lakhs to ? 20.0 Lakhs with an average annual salary of ? 8.0 Lakhs, according to Ambition Box.    Conclusion  In conclusion, it can be said that a company secretary is one of the most significant alternatives to a law degree for students. A company secretary with this additional degree is superior and has a distinct advantage when compared to a graduate with a single or dual degree. Further, it is reiterated that practical training should be completed while pursuing company secretary to get work experience and continue to be competitive for high-paying jobs and positions.   [1] Mukherjee, R. (2019, November 20). What is the benefit of law students doing CS? iPleaders. https://blog.ipleaders.in/benefit-law-students-cs/ [2]Gupta,S. (2017, May 26). Company secretary as Company Law Advisor. TaxGuru. https://taxguru.in/company-law/company-secretary-as-company-law-advisor.html [3] Garima Chouhan. (2022, July 21). Doing Law and Company Secretary (CS) Both. adda247. https://www.adda247.com/school/doing-law-and-company-secretary-both/ [4]Agarwal, A. (2021, January 3). Commerce and law - a successful relationship. iPleaders. https://blog.ipleaders.in/commerce-law-successful-relationship/   

  • Sumasri Sumasri
A Guide To Parliamentary Debate, MUN, and Judgement Writing In Law School
Aug 22, 2022
A Guide To Parliamentary Debate, MUN, and Judgement Writing In Law School

PART I: Parliamentary Debate What is Parliamentary Debate? Parliamentary debate is a formal competition featuring critical analysis and strong rhetorical skills by participants. In a parliamentary debate competition, participants represent the advocates for and against a motion that is provided for debate (this is also known as a resolution or a topic).    How Does It Work? A motion is presented by the organisers as the subject of debate. It is important to note that for each round of debate, a new motion is used.  There are two teams involved, one is designated as the Proposition (also known as Government) which speaks in favour of the given motion and the other is called the Opposition. The two teams are given approximately twenty minutes (which may differ from competition to competition) to prepare the debate for each round. During the preparation time, students are permitted to consult other students, dictionaries, reference materials, prepared notes, and perhaps even the internet. However, once such duration expires, no reference materials are allowed to bring for the debater’s use during the round. There are four debaters in a debate. The person who opens for a side also closes for that side. This means that on each team, one debater will speak twice while the other will speak once.  There are two types of formal speeches in each round of debate- constructive speeches and rebuttal speeches.   Crucial Tips For Parliamentary Debate Strategy Use Formal Phrases Wherever Possible Using professional phrases in speeches creates a greater impact. Phrases such as… The first point I’d like to make/to mention, is… Let me say that I/we believe that… It seems to me/us/my team that… Let’s look at… I would like to emphasize that ….. As you know …… may be used during the course of the speech.  Understanding The Art Of Rhetoric Engagement The first part of rhetoric is invention. This means knowing your audience's interests and desires and playing with them.  A good argument arrangement goes only so far. Try to organize your argument by making your claim, adding evidence, and showing the impact to support the claim.  Improve your style by remembering your speech. If you know your speech by heart, you can start to work on your speaking style. A memorized speech gives you confidence, and with that confidence, you can focus your efforts on delivery.  Amplify your performance by enhancing your delivery. Gestures, body language, tone, and eye contact are all significant parts of delivery in debate. It is not just what you are saying, but how you say it that will win over the judges. Take Your Speaking Skills To The Next Level It is important to get rid of filler words. As you practice, take note of when you use filler words such as “like” or “um.” Make a habit of replacing these words with silence. This will make you look thoughtful, rather than unprepared.  Find synonyms for overused words. When you use the same words multiple times in your speech, you bore your audience, appear unprepared, and are less well-spoken. Avoid this by writing your speech with different words for commonly used ones, and having a list of synonyms for words you believe you will commonly use. Slow your pace: Speaking slowly and calmly helps to deliver your points effectively. Be calm when making rebuttals: Making rebuttals can get exciting and heated, but overdoing the emotion is never a good idea. Remain calm but firm and confident during the rebuttals. How To Make An Impact Make all your movements during your delivery neutral, open, defined, and strong. Don’t be afraid to use the full stage to your advantage, but make controlled movements.  Maintaining eye contact is of paramount importance. Try to connect with as many people as possible by moving your eye contact around the room. Practice doing so line by line so you increase the number of people you make eye contact with.  Do not be a boring or monotonous speaker, try and change up your tone! Try to act as if you are talking to your audience, not reciting a speech from memory.  Dramatic pauses are extremely powerful, but when done at the wrong time can be detrimental to the argument. Master the dramatic pause and put it at the right time for your case.  Use a passionate tone of voice when closing — it’s something that will make your argument memorable.   PART II: Model United Nations Competitions Model United Nations is an academic simulation of the United Nations where students play the role of delegates from different countries and attempt to solve real-world issues with the policies and perspectives of their assigned country. For example, a student may be assigned the United Kingdom and will have to solve global topics such as nuclear non-proliferation or climate change from the policies and perspectives of the United Kingdom. The MUN participants, called delegates, must represent the political position that such country takes in the organisms assigned, such as the UN Security Council, the Human Rights Committee, and others. ? Usually, two topics are discussed in each committee. The delegates must be previously familiarized with them in order to be properly prepared for the conference and to be able to faithfully defend their country’s position. The normal functioning of each committee is in the hands of the Chairs. They are in charge of choosing the topics that will be discussed and will also lead the debate. ?   How Is MUN Important For Law Students? Mastering The Skill Of Diplomacy Diplomacy, or the art of negotiation, is not only restricted to conversations between two countries, but pertains to any purposeful exchange between two groups, and thus, is a very useful skill to possess. By practising diplomacy at the MUNs, a student is likely to become more knowledgeable and experienced in how to conduct negotiations between two groups in a tactful and result-oriented manner. Apart from learning the skill of diplomacy, students aspiring to become professional diplomats or advocates can practice and groom themselves for the field by participating in MUNs, which are real-life examples of the life and work of professional diplomats.  Upskilling Your Writing Abilities Most MUNs have an in-house department called the International Press which hosts student reporters and photographers. Student reporters are responsible for covering the proceedings of the different committees in depth in order to formulate daily newsletters. The articles in such a newsletter have to be formally drafted in a manner that clearly demonstrates the stance of the countries on the issue at hand as well as the analysis of the reporter concerned. The newsletter is distributed to all participants on both days and needless to say, a lot of effort goes into it. Building Analytical Skills Astute analytical ability is a trait that helps you at every stage of your legal profession, by helping you solve problems through analysis. The MUN is an ideal place to hone analytical skills, as in a simulated environment you will be challenged and required to solve the task after examining the concerns of the other countries, past precedents, and potential solutions to come up with an acceptable resolution.    Getting Better At Public Speaking Public speaking is one of the key students that one is supposed to develop as a law student. Developing efficient public speaking skills takes practice, and the MUNs provide an ideal platform where you can explore and improve your capabilities. Public speaking is an integral part of the MUNs, as you express your views as a delegate and debate in front of an audience. Since you will make multiple speeches during the overall MUN event, you will have several key opportunities to improve your public speaking prowess. It also improves your abilities to write an impactful time-bound speech that impresses the committee Chairs. Furthering Your Leadership Skills Considering all the benefits listed above, it is not a stretch to claim that your personality will flourish at MUNs. The independence, challenges, and teamwork will surely serve to enhance your leadership skills, as you take charge as a representative of a real-world country. You will be encouraged to take decisions and work out solutions as a leader for the country. While the whole experience is undoubtedly enjoyable, it is also empowering and gives you the platform to take important judgement calls and bring your leadership skills into play.   PART III: Judgement Writing A judgment is a statement given by the Judge, on the grounds of a decree or order. It is the end product of the proceedings in the Court. The writing of a judgment is one of the most important and time-consuming tasks performed by a Judge. Structure Of A Judgement Before writing a judgment a Judge must remember that he is performing a public act of communicating his opinion on the issues brought before him and after the trial by observing fair procedures. He is required to tell the parties of the decision, on the facts brought before him, with the application of sound principles of law, his decision, and what the parties are supposed to do as a necessary consequence to the judgment or to appeal against it. It is basically communication to the parties coming before him for a decision. A good judgment should have: Index Introduction Facts Clear articulation of the issues that arise for consideration/points of determination. Evidence led to proving each factual issue and appreciation of evidence on each issue. Applicable law and the application of law to the facts of the case. Reasoning and findings. Conclusion Adopting The Right Approach The method in which the writer arrives at a conclusion in judgement writing is often the most important part of the exercise. The process by which the conclusion is arrived at, and the statement in the judgement of that process, demonstrates the ability and integrity of the judge. Such a process may be a syllogistic process, inferential process, or intuitive process. Syllogism, or the syllogistic process, refers to a deductive scheme of a formal argument consisting of a major and minor premise along with a conclusion. In other words, in this process, the judge takes on a deductive approach in which he accepts an argument on a major premise that outweighs the minor premise in order to draw his own conclusion. The inferential process involves the judge relying upon the evidence in order to reach a reasonable conclusion. When the judge arrives at a conclusion more by intuition than through other reasons, the psychological process adopted by the judge is called the intuitive process. Common Mistakes In A Judgement Needless to say, judgement writing is a considerably complex exercise that requires superlative intellectual abilities. Even someone who is qualified may end up writing something that falls short of being a perfect judgement in terms of articulation. Some of the most common mistakes that can be found in such judgements include: things that do not need to be recorded deciding things that do not need to be decided obscuring the analysis with poor organisation and irrelevant details neglecting the “aesthetic” component of persuasion making the analysis more complex than it really is. Everything that is unrelated to the issues should be cut out — “every word must earn its right to be on the page”. To remedy these mistakes, one may keep the following pointers in mind: break up any monster sentences get rid of legalism or excessive jargon replace passive voice with active when active voice works better replace the verb “to be” when a better verb is available cut out every word that will not be missed cut out every detail that has no bearing on the issues make sure every word earns its right to be on the page give yourself permission to write like a writer.   LegalBots.in wishes you all the best!  

  • Sumasri Sumasri
Top 6 Law Entrance Exams At The Undergraduate Level
Aug 19, 2022
Top 6 Law Entrance Exams At The Undergraduate Level

With every passing year, the legal profession is gaining more and more traction across the country. Considered a noble line of work, the career of a lawyer or a legal professional is challenging, rewarding, and engaging. The first step in joining this profession is pursuing an undergraduate course in law from an accredited college or university. There are several leading entrance exams to law colleges- while some of them are for admission into government law colleges, others are for private law colleges. Each exam follows its pattern and format for testing the candidate’s aptitude for the concerned institutions. The following sections give a detailed overview of the Top 6 Law Entrance Exams in India at the undergraduate level.   1. CLAT UG Stands For: Common Law Admission Test (Undergraduate) Conducted By: CLAT Consortium Participating Colleges National Law School of India University (NLSIU), Bengaluru  NALSAR University of Law (NALSAR), Hyderabad  National Law Institute University (NLIU), Bhopal  The WB National University of Juridical Sciences (NUJS), Kolkata  National Law University (NLU), Jodhpur  Hidayatullah National Law University (HNLU), Raipur  Gujarat National Law University (GNLU), Gandhinagar  Ram Manohar Lohia National Law University (RMLNLU), Lucknow  Rajiv Gandhi National University of Law (RGNUL), Patiala  Chanakya National Law University (CNLU), Patna  National University of Advanced Legal Studies (NUALS), Kochi  National Law University Odisha (NLUO), Cuttack  National University of Study and Research in Law (NUSRL), Ranchi  National Law University and Judicial Academy (NLUJA), Guwahati  Damodaram Sanjivayya National Law University (DSNLU), Vishakhapatnam  Tamil Nadu National Law School (TNNLS), Tiruchirapalli  Maharashtra National Law University (MNLU), Mumbai Maharashtra National Law University (MNLU), Nagpur  Himachal Pradesh National Law University (HPNLU), Shimla  Maharashtra National Law University (MNLU), Aurangabad  Dharmashastra National Law University, Jabalpur  Dr B.R. Ambedkar National Law University, Sonipat Number Of Seats: Around 1100 Number Of Applicants: Around 80000-100000 each year. Format Of The Exam Exam mode    Pen-and-paper exam Exam duration     Two hours Test language     English Type of questions   Multiple-Choice Questions (MCQs) Exam subjects    Five (English Language, Current Affairs including General Knowledge, Legal Reasoning, Logical Reasoning, Quantitative Techniques) Total Questions    150 MCQs Maximum marks 150 marks Marking scheme +1 for a correct answer -0.25 for incorrect answer   2. AILET Stands For All India Law Entrance Test Conducted By: National Law University, Delhi Participating Colleges National Law University, Delhi School of Law, Ansal University School of Law, The NorthCap University Institute of Law and Legal Studies, SAGE University ISME Law College Faculty of Law, SRM University Sonepat Faculty of Law, Jagannath University Bahadurgarh Number Of Seats: 70 (for NLU Delhi) Number Of Applicants: Around 60000 each year. Format Of The Exam Number of Sections 3 Sections English Language, Logical Reasoning, and Current Affairs and GK Total no. of questions 150 Duration of the test     90 minutes   (1hr. 30 minutes)            Total marks  150 Marks per question 1 Negative Marking 0.25 Negative Marking*      Mode of Examination Offline  Pattern Of The Exam Sections  Number of Questions Marks Allotted English Language 50 50 General Knowledge and Current Affairs 30 30 Logical Reasoning 70 70 Total 150 150     3. SLAT Stands For Symbiosis Law Aptitude Test Conducted By: Symbiosis International University (SIU), Pune Participating Colleges   Symbiosis Law School, Pune Symbiosis Law School, Noida Symbiosis Law School, Hyderabad Symbiosis Law School, Nagpur Number Of Seats: Around 1100 Number Of Applicants: Around 80000-100000 each year. Format Of The Exam   Sections Questions per section Marks per section Logical Reasoning 12 12 Legal Reasoning 12 12 Analytical Reasoning 12 12 Reading Comprehension 12 12 General Knowledge 12 12 Total 60 60 The questions are all multiple-choice. The total time for the examination is 1 hour. There is no negative marking.   4. LSAT Stands For Law School Admission Test  Conducted By: Law School Admission Council  Participating Colleges OP Jindal Global University  JLU School of Law, Jagran Lakecity University  IFIM Law School  Vijaybhoomi School of Law  Kirit P. Mehta School of Law, NMIMS  MIT-WPU Faculty of Law  School of Law, UPES  Adamas University  VIT School of Law  Faculty of Law, Manav Rachna University  Bennett University  Alliance School of Law  BML Munjal University  Lloyd Law College  School of Law, Presidency University  GD Goenka University  Kalinga University  Asian Law College  School of Law and Constitutional Studies, SIET  ISBR Law College  GITAM School of Law  IILM University  Indore Institute of Law  Mody University Number Of Seats: Around 3000 Number Of Applicants: Around 6000 each year Format Of The Exam The LSAT India exam is conducted in an online, remote-proctored mode. Section Type Number of Questions Duration Analytical Reasoning 23 35 minutes Logical Reasoning (1) 22 35 minutes Logical Reasoning (2) 23 35 minutes Reading Comprehension 24 35 minutes TOTAL 92 2 hours and 20 minutes Total The questions are of a multiple-choice type. Some of the questions will have four answer options, while the rest will have five answer options. Each section has to be completed within 35 minutes. Every question will have only one correct answer. There is no negative marking.    5. MHCET- Law Stands For Maharashtra Common Entrance Test- Law Conducted By: Government Of Maharashtra Participating Colleges Dr. Babasaheb Ambedkar Marathawada University (BAMU) Government Law College, Mumbai Indian Law Society Law College, Pune Dr Ambedkar College of Law, Mumbai Shankarrao Chavan Law College, Pune Vidya Prasarak Mandal TMC Law College, Thane St. Wilfred’s College of Law, Mumbai Manikchand Pahade Law College, Mumbai New Law College, Mumbai Rizvi Law College, Mumbai Number Of Seats: Around 1800 Number Of Applicants: Around 15000 each year Format Of The Exam   Test mode Online, CBT (Computer Based Test) Language Marathi and English Type of paper Multiple choice question paper Exam duration 120 minutes Total number of questions 150 Total marks 150 Marking scheme 1 mark for each correct answer Negative marking No     6. DU LLB Stands For Delhi University Law Entrance Exam Conducted By: National Testing Agency (NTA) Participating Colleges Type of Examination Graduate-level entrance test Mode Online Medium English Programme offered 3-year LLB The programme is offered by the Faculty of Law, Delhi University at the following centres: Campus Law Centre (CLC) Law Centre 1 (LC1) Law Centre 2 (LC2) Total Seats (Increased) 2,888 Website DU admission website: Click Here NTA website: Click Here Number Of Seats: 2922 Number Of Applicants: Around 17,500 each year Format Of The Exam The duration of the test is 2 hours. The exam involves objective multiple-choice type questions. The exam is for a total of 400 marks, where there are 100 questions, each carrying 4 marks. There is a negative marking of 1 mark for each wrong answer. Depending on which exam you are planning to sit for, it is essential to visit the official website of the exam and read the notification for the respective year carefully to get a comprehensive idea of how to prepare for the exam and any other related details. LegalBots.in wishes you all the best!

  • Sumasri Sumasri
How Internship Experiences in District Court, High Court, and Supreme Court differ from each other
Aug 16, 2022
How Internship Experiences in District Court, High Court, and Supreme Court differ from each other

A law student in India can intern at all 3 levels of courts – District courts, High court, and the Supreme Court. There is absolutely no bar that one has to first intern at the district courts or the High Courts. It totally depends on the student, where he or she wishes to intern irrespective of the fact in which year of your law course you are in.  As you must have some idea about the roles assigned to courts at different levels, the internship experience in terms of learning, exposure, procedures, working, etc. also varies across these courts. Internship experience at each level is different and many aspects are different and unique to the courts at different levels.   AT THE DISTRICT COURTS When To Intern- 1st or 2nd year of law school  If you are a first- or second-year student, then you can think of interning under an advocate who practices before the district court. The Indian judicial system rests on our lower courts. District courts or as popularly referred to as lower courts form an integral learning experience for a law student as it is at these courts that the student can be acquainted with the most basic legal cases from the grass-root level and can observe and learn how the trial is conducted. During court hours, depending on the court, a judge may hear arguments on granting a continuance, summoning a party, contentions of either party, considering questions on law, dismissing a suit, and so on.    While college teaches us the theory of various procedural laws and some substantive laws like the Code of Civil Procedure, Code of Criminal Procedure, Indian Contract Act, etc., an internship at a lower/district court will provide you with the requisite experience/ training to see the words at work! For example, the Code of Criminal Procedure and the Indian Evidence Act, state how and when cross-examination is to be done, you can see and witness practically all these things at play at the district court.  You will be in a position to witness first-hand the cases at all stages, from the presentation of plaint for admission before the judge in one case to the judge pronouncing the judgment on some other case. Remember the courtroom scenes from the movie - Jolly LL.B 2?  While those are not all realistic, the ambience does bear a distinct degree of resemblance. Advocates at district courts will sometimes as your law school professor teach the law from the bare act and talk to you and may also at times test your theoretical knowledge. Also, a unique thing which you will find during your lower court internships is the different terms – ‘ashamed sabeh’, and ‘court reader’ used which you will not find in law school textbooks. You may also interact with the court staff. Learning basic legal drafting under a good district court lawyer is a must-do for any law student. In lower courts, you can see all the sections of society, and you can directly interact with clients. If you want to learn the tricks of the trade, start from the bottom. That’s where things get complicated and find their way to the court of law. A typical day in a district court involves the proceedings beginning in the morning. The ordinary Court hours are from 10:00 A.M to 4:30 P.M. with an interval for luncheon from 1.00 PM to 1:30 PM. Saturdays are usually a full working days for courts and offices attached thereto. Furthermore, the working hours for offices attached to Civil Courts are from 9.30 A.M. to 5.00 P.M. These are the offices that are effectively used for submitting documents, filing new suits, getting copies of judgements, etc. After court hours, lawyers usually retire to the chambers along with their staff for preparing their next cases. A typical day in a district court may also differ depending on what kind of lawyer or case you are working on at that point in time.      AT THE HIGH COURTS When To Intern- 2nd or 3rd  year of law school  Principal benches of the High Courts are generally located in the State capital and may have benches in some other cities in the state. The infrastructure, facilities, decorum, etc. are far better than any district court. The High Court is a great place if you are interested in learning about appeals in civil and criminal cases, as opposed to the trial stages in a court of original jurisdiction. Appellate jurisdiction of the High Court means that the High Court has the power to accept appeals against the decisions of District Courts, in civil as well as criminal matters. High Courts also have original and revisory jurisdictions. If you possess a deep inclination towards disciplines such as Constitutional laws, and administrative laws and have an interest in the interpretation of statutes and laws, the High Court might be the right place for you to intern at. The law taught and learned in law school differs in its application in the court of law. There are various procedures involved in bringing up a case before the court of law for hearing, which is not feasible to be taught in class.  The working of High Courts is quite different from that of the lower courts. You would not generally find clients entering the courtrooms. Courtrooms are spacious and well maintained. One can get to listen to arguments by senior counsels pertaining to the interpretation of the laws, Writ matters, etc.   If you are good, serious, and proactive, the lawyer or his junior will give you some work to draft, research, prepare files, etc. Don’t be shy to ask for a template or actually ask them to tutor you with the work.     AT THE SUPREME COURT When To Intern- 3rd year of law school and above    It is the dream of most students pursuing litigation to practice before the Supreme Court. An internship and a job with a practising advocate can be the first step toward this dream. For a law student, interning at the Supreme Court may be beneficial in a plethora of ways. First of all, leading litigators in the country are usually employed in the Supreme Court in a full-time capacity, which means even for someone who is not interning but simply observing cases, the possibilities of learning are endless. Under Indian law, courtroom proceedings are open to members of the general public and provide a wonderful opportunity for those looking to witness arguments from the leading legal practitioners of the country. Secondly, the Supreme Court, apart from being the final appellate court on civil and criminal cases, also has a robust original jurisdiction in matters of governmental disputes, questions on constitutional law, and fundamental rights. Therefore, there is an opportunity to be involved in unique cases that challenge your intellectual faculties in a productive manner. Thirdly, the apex court of the country provides a great platform for networking with professionals and acquaintances. Most matters before the Supreme Court involve a substantial question of law. This means that you cannot be superficial with your knowledge of the law.  Having good knowledge of constitutional law and jurisprudence is indispensable to appreciating complex legal arguments. You will often need to carry out original research and challenge your view of things. Moreover, it is different to work in a specialized area in isolation since almost every matter would require you to understand the inherent question of jurisdiction, interpretation, and constitutionality. As an intern, you should prioritise an in-depth knowledge and understanding of the law. This may also include engaging with seniors in a meaningful manner and learning from their actions or taking cues from their guidance.        Supreme Court Judges and Lawyers are among the most experienced people in the field of law you will find in India. The trick is to correctly absorb all of the knowledge and expertise on offer. The kind of energy you will find yourself surrounded by in the Supreme Court is exactly the kind of stimulus you need in case you find yourself second-guessing the decision to pursue law.   Main tasks which are generally allocated to interns include-  Research For Judgments/Articles/Case Laws Law is the representation of society, and legal research is the pillar on which the entire legal profession rests. The stronger the pillar, the more effective the building against calamities. Therefore, legal research skill is an asset to all legal professionals, be they law students, advocates, or judges. Thus, to attain success, it becomes imperative to sharpen this skill set continually. As an intern, you must be able to procure requisite information such as points of law, legal precedents, and argument foundations from reliable sources including research databases such as Westlaw, SCC, Manupatra, etc. One should know how to look for case laws using citations and how to refine the search and get the desired results. Preparing Case Briefs The most effective tool for legal communication is legal drafting. Besides case briefs, interns may be asked to draft a plethora of documents during the course of the internship. The ability to draft well is associated with the ability to think and communicate clearly. As a result, it is important to understand what a legal document’s intent is. A legal document must be written in such a manner that it clearly states the legal question, the client’s claims, and any solutions requested. Being Able To Take Client Meetings Especially in a long-term internship, learning the skills of dealing with a client effectively is of paramount importance. Lawyers often tend to delegate the meetings with existing and potential clients or he/she may even allow you as an intern to accompany them in such meetings. As a lawyer or legal intern, your communication skills have to be crisp and impeccable in order to make a positive impression on the client. Good communication skills are vital to successful, rewarding practice for lawyers, and interning at a court gives you a headstart on developing these skills. You need to communicate well with your senior clients, staff, partners, associates, other lawyers, and vendors.  Having discussed what can one expect and what is expected from a law student while interning at different levels of courts, the core question remains which needs to be answered is to – How can you find an internship? Currently, there are several platforms publishing legal opportunities including legal internships, jobs, etc. on a regular basis, including LegalBots.in Internships are an excellent opportunity to explore and discover the real working of the courts which is not confined to the textbook teachings. Internships act as a mirror and can give you real experience, based on which you can choose your law career pathways or job role you wish to the opt-in law profession. It does not matter where you intern, what matters is that during the period of internship, you get to explore your brain efficiency and patience. A law student shall keep on brainstorming and aim for clarity on whatever they are witnessing. The experiences that a student gains from an internship are invaluable in growing a career in law.    LegalBots.in wishes you the best!

  • Sumasri Sumasri
Courtroom Decorum Every Law Student/Professional Should Know
Aug 12, 2022
Courtroom Decorum Every Law Student/Professional Should Know

Maintenance of certain intellectual and ethical standards is very essential for upholding the dignity of the legal profession. As officers of the courts, advocates should always maintain decorum in the courtroom and as budding lawyers, law students must be acquainted with basic courtroom decorums. In furtherance of this, the article discusses certain courtroom decorums that every law student/professional should know:   Structure Of An Indian Courtroom: The first thing you will notice when you walk into a courtroom will be a raised platform where the Judge sits and presides over, which is called a Bench. Usually, there is a symbol of Ashok Chakra or Mahatma Gandhi behind the bench. Courtrooms are also designed in a manner that gives a separate entrance to the judges.  The next part of the courtroom structure is the placement of tables and chairs right in front of the Judge’s bench, where only advocates can sit and this is called the Bar. Advocates sit there waiting for their case to come up for consideration on the roll. There is usually a podium between the Bar and Bench that allows advocates to come forward and plead. It is important to note that litigants and interns are usually not allowed to occupy the chairs for Advocates and even if they do so, they must be vacated for any advocates who are standing. This may be enforced by an officer of the court. Now that we have covered the Bar and Bench, the next part of the courtroom structure is the desk of the Reader and opposite him is the seat of the Stenographer or the Typist. The Reader's job is to administer the proceedings, call parties forward, record the next hearing dates, and put up the case files before the judge which are fixed for hearing on a particular day. Stenographers/typists type the orders dictated by the judge for cases, for records. India’s quasi-federal structure allows for the appointment of Readers, Stenographers, Court clerks, and other non-judicial staff members to be done as per the specific rules laid down by states.   The Court Clerk In a trial court, the clerk’s job is usually to handle those administrative tasks that the judge does not deal with directly. Scheduling, passing documents to the parties, checking signatures, etc. are all well within the purview of the clerk. Looking up information as the judge needs it is also something that is often done by the clerks, as is handling communication between the various courtrooms and offices involved in litigation. The court clerk is also the person who maintains the decorum of the court. Outside of the courtroom, the clerks are usually responsible for handling all of the paperwork, files, and customer service aspects of the courthouse — if you ask someone for a copy of a document, it is the clerks that are getting that document, making the copy, and passing it across the counter to you. In the Supreme Court, however, clerks who work for Justices often have very different roles, as they may be required to read the filings, do research on the cases, write briefs for the judges/justices, and sometimes even write preliminary drafts of the opinions that the judges wish to deliver.   The Naib A naib court is a policeman who acts as a liaison between local police stations, jail authorities, and the court having jurisdiction over a particular area. They maintain the register of summons issued or directions given to police officers connected to a case to ensure compliance with the court’s orders. His duty is to convey the court’s order to respective police stations. In the following points, we have attempted to highlight some of the practices in effect courtroom decorum:            Acting in a dignified manner and respecting the court at all times When an advocate presents his case before the court, he should always act in a dignified and self-respecting manner. Respect should be shown towards the court at all times and no such action should be undertaken that affects the honor, dignity, and integrity of the courts. From a practical standpoint, doing so may cause injurious effects on the interests of clients. Moreover, an advocate should also explain to his client how to behave in the courtroom.  Contempt of court is another concept that has to be understood by stakeholders in a lawsuit. Contempt of court happens in the case of: Misbehavior of any person in its presentation of the court or so near thereto as to obstruct the administration of justice;  Misbehavior of any of its officers in their official transactions;  Disobedience or resistance to the court’s lawful writ, process, order, rule, decree, or command. In the Indian framework, High Court and Supreme Court have been vested with the power to punish for contempt of the court. Under Section 12 of the Contempt of Court Act, 1971, contempt of court can be punished with simple imprisonment for a term which may extend to six months, with a fine which may extend to two thousand rupees or both.    Appearing in a proper dress code Proper attire, especially for lawyers, is a subtle indicator of professionalism. Thus, an advocate’s appearance should always be presentable and he should appear in court, at all times, in the dress code prescribed under the Regulations of the Bar Council of India Dress Code. Part VI: Chapter IV of Bar Council of India Rules: Rules under Section 49(1) (gg) of the Advocates Act, 1961 lay down the dress code for lawyers. In practice, there is a similar dress code for interns, minus the neckband and gown.    Addressing the judge(s) in a proper manner An advocate should always address the judge(s) in a proper manner depending upon the hierarchy of courts. For instance, judges of the Supreme Court and High Courts should be addressed as “Your Lordships” or “My Lord” or “Hon’ble Court” while judges of subordinate Courts, Tribunals, and other Forums may be addressed as “Your Honor” or “Sir” or the equivalent word in respective regional languages.   Standing at appropriate times An advocate should always stand when he is speaking to the Judge(s), interrogating a witness, or raising or meeting an objection. He should also stand when the judge(s) arrive or leave as a mark of respect and honor.   Keeping phones switched off or on silent mode Phones should be either put on silent mode or switched off in court and should not be used at the time when the proceedings are going on.    Not interrupting when others are speaking An advocate should not interrupt when a judge is speaking or when the opposing counsel is arguing or presenting his case. He should cooperate with the procedure and duration of the proceedings and should patiently wait for his turn to speak.    Speaking in a respectful manner  An advocate should not laugh or speak loudly in the courtroom, especially at the time when proceedings are going on.  Shouting in the courtroom disturbs the decorum and amounts to committing contempt of the court. Moreover, an advocate should always be courteous and respectful to everyone, including the court staff, in the courtroom.     Never showing back to the Judge(s) While leaving the courtroom, an advocate shall never show his back to the Judge(s) as doing so is disrespectful to the judge.    Submitting all concerns and remarks to the bench and not to the opposing counsel.  All the concerns and remarks should be submitted to the bench as the bench has the ultimate authority to decide on the matter and not the opposing counsel.   Refusing to act in an illegal manner toward the opposition An advocate should refuse to act improperly or illegally toward the opposing counsel or parties. He should also prevent his client from acting illegally, improperly, or unfairly towards the judiciary, opposing counsel, or opposing parties in any matter.   Avoiding repeated entrances and departures Care should be taken that there are no repeated entrances and departures as a sign of respect and honor to the court. Doing so also disturbs the proceedings and may frustrate the judge.    Avoiding any kind of communication through verbal and non-verbal means No one should talk among themselves, especially the advocates. It disturbs the proceedings and may frustrate the judge. Even non–verbal communication through signs or expressions does not go unnoticed and thus, should be avoided.   Not taking any food or drink to the courtroom No food or drink should be taken to the courtroom. Chewing gum should also be avoided.    Not smoking and drinking  Smoking and drinking are strictly prohibited in the courts. It is highly objectionable on an advocate’s part to attend the court in a drunken state to enable the case to be conducted properly and the decorum of the court to be maintained.   Not recording the proceedings in audio or visual form No advocate or law student should attempt to record the proceedings in audio or visual form.    Not bringing any documents to the courtroom that may cause disturbance Newspapers, magazines, and other documents, unrelated to the case, should not be taken to the courtroom. Such documents may cause disruptive rustling and thus, should be avoided to be carried with oneself.    Knowing beforehand the courtroom and time at which a case is listed  An advocate needs to know beforehand the courtroom and the time at which the case is listed to avoid any last-minute confusion and delays.    Arriving on time An advocate should never be late. Getting late makes a bad impression on the judge.  Thus, he should be in the courtroom at least fifteen minutes before the trial is set to start. He should also make sure that his client reaches on time.     Introducing the party that an advocate is representing  An advocate needs to bring to the knowledge of the judge as to which party he is representing. This is a basic courtroom decorum that should never be missed.   Not carrying any sharp object, weapon, or firearms No sharp object, firearms, or any other weapon should be taken to the courtroom, whether intentionally or negligently. Carrying firearms in court proceedings is definitely against the dignity of the legal profession.   Being present at all the adjournments An advocate must attend and be present at all the adjournments, once he has accepted a case brief. He should not take a step back, once he has taken the responsibility to handle a case for his client.   Taking permission to leave if there is a case in another court If an advocate has cases in two courts at the same time, he should take permission from the respected court to leave, before leaving.   Not leaving the court at the time of ongoing proceedings  An advocate should not leave the court at the time when proceedings of his case are going on. If he has to leave, he should give charge of it to his junior or a colleague before leaving.   Controlling emotions An advocate should always control his emotions in the courtroom, especially when the judge makes a decision. He should not make any faces or express disagreement or gratitude over the judge’s decision. Controlling emotions depicts seriousness and professionalism, which should not be limited to the four walls of the courtroom. An advocate should not laugh or discuss a case in other places in the court as he could be seen or heard by the judge, the other party or their lawyer, or witnesses. Moreover, an advocate should always try to convince the judge by argument and reason and not by appealing to his sentiments.    Going well prepared  Many times, it is observed that lawyers go to the court, unprepared for their case, and fumble around with paperwork in the courtroom itself. An advocate not being well acquainted with the facts of a case or the name of the parties may frustrate the judge and depicts unprofessionalism, which should be avoided. It is a disrespect to the court and could also become a reason to lose a motion or a case. Thus, always go well prepared.   Being specific and to the point It is very important for an advocate to not speak more or less than what is asked for by the judge(s). His answer should be specific and to the point. He should stay on point while arguing on behalf of his client as well. Moreover, he should not orally re-state everything that has been already put in the written brief. Instead, he should amplify what is outlined in the brief to convince the court of the position of the client.   Using dignified language while making arguments An advocate should use dignified language at the time of presenting arguments in court and unparliamentary language should not be used.    Asking relevant questions to the witness or any other person An advocate should not put forth any questions to the witness or any other person in the court that may be insulting or annoying to them. Asking irrelevant questions should also be avoided. During cross-examination, an advocate should not offend the religious or personal feelings of the opposite party.  Not only is improper behaviour in court disrespectful to the dignity of the judges and the court, but it may also go against the client's interests. Thus, decorum in the courtroom should always be maintained.    LegalBots wishes you all the best!

  • Sumasri Sumasri
What do Corporate Lawyers do? (Types of Corporate Law)
Aug 08, 2022
What do Corporate Lawyers do? (Types of Corporate Law)

The primary mandate of a Corporate Lawyer, whether working in an international law firm advising corporate giants on multibillion-dollar mergers and acquisitions or facilitating a health-tech start-up with contract negotiations, is to counsel organizations whether large or small, on their legal rights, responsibilities, and regulations.  Corporate law, often known as company law, is a vast practice area that is important to law firms and in-house legal departments alike. It is a practice area that deals with the rules and regulations that govern business processes and transactions including mergers, acquisitions, equity investments, and restructuring, among other things. When a corporation hires a corporate lawyer, the lawyer represents the corporation as a whole, rather than its shareholders or employees, which might be a difficult notion to understand until one realizes that a business is treated the same way as a person in the eyes of the law.   The law considers a company as a separate legal entity or "person" from its owners and shareholders. While taking on other forms of employment, corporate lawyers ensure that businesses comply with all laws, rules, and regulations. Contrary to common assumption, most corporate lawyers seldom set foot in a courtroom, meaning they spend most of their time advising and assisting a company in avoiding litigation. The majority of Corporate Lawyers' job is "transactional" in nature. Corporate lawyers are frequently employed by big or mid-sized law firms with corporate law departments and most of whom specialize in practice areas, such as general corporate, mergers and acquisitions, venture capital, or securities, some of which have been discussed in detail below:   General Corporate The general corporate practice encompasses all aspects of a company's life cycle, from entering strategy through incorporation and structuring, contracts and regulatory compliance, to corporate governance and transparency and accountability measures. The goal is not just on ensuring that the businesses are legally compliant, but also on anticipating future risk areas and provision of timely assistance and advice. Lawyers, company secretaries, and compliance specialists work in General Corporate practice to guarantee that businesses comply with all legal and commercial requisites. The corporate practice provides assistance on the following: Commercial advice in the area of general corporate including information on the Companies Act, SEBI rules, foreign exchange management legislation, legal metrology laws, and BIS rules and regulations; Compliance audits and gap analysis; Outbound and inbound investments including joint ventures, mergers, and acquisitions; Forming legally viable structures, conducting due diligence, creating and negotiating transaction documentation, and assisting in closing necessary compliances are all part of private equity transactions; Interpretation of Policies; Establishing the business entity; Drafting of various contracts and agreements; Business restructuring; Statutory and regulatory compliances. General Corporate practice is also involved in helping customers with a wide range of commercial contracts, including employment contracts, sales and purchase agreements, intercompany agreements, licensing agreements, franchise agreements, and so on. To assist industry leaders and regulators, this profession also includes policy advice and lobbying.     Alternate Dispute Resolution Alternative dispute resolution (ADR) is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. Sometimes, conciliation is included as a fifth category, but for simplicity may be regarded as a form of mediation. Arbitration and mediation typically bring disputes to resolution without appeals or other prolonged judicial proceedings. There are occasions, however, where judicial challenges are imposed to address issues relating to the scope and enforceability of the dispute resolution process. In addition, there are other cases where collateral or appellate litigation inevitably occurs, whether justified or not. The alternate dispute resolution practice of a law firm usually includes: Choosing the appropriate ADR method.  Counselling regarding the ADR clause in the contract agreement.  Choice of law and seat of arbitration in case of international arbitration.  Appointment of mediator, conciliator or arbitrator. Advising and representing clients from the commencement of arbitration until the final hearing of the matter  Seeking interim measures of protection from courts and arbitral tribunals  Assisting in enforcing arbitral awards and taking recourse against awards   Mergers and Acquisitions Mergers and acquisitions (M&A) is a component of corporate law that deals with corporations or businesses that acquire/buy and/or merge with one other other corporations or businesses. M&A transactions are among the most complicated and crucial events in a company's expansion policy, with both internal as well as external ramifications. M&A lawyers help their clients pick the right financing for mergers and acquisitions, as well as provide guidance on the drafting, reviewing, negotiation, and execution and the due diligence of contracts relating to the sale of business assets. Large and medium-sized businesses do the vast majority of M&A activities. Buying and selling public companies is a common emphasis for large organizations. Private company mergers and acquisitions can be complex, especially when partnerships are involved. These are the largest and most complicated transactions, which are frequently cross-border and may entail cash and/or equity considerations. This practice area includes the following transactions: Acquisitions and divestitures – of shares, assets, and enterprises (by private, public, and publicly traded companies); Mergers, demergers, and amalgamations; schemes of arrangement, mergers, demergers, and amalgamations; Management buy-outs and leveraged buy-outs; Distressed asset sales and purchases;  Capital and debt restructuring, as well as stock buybacks and capital reductions, are all examples of restructurings.   Private Equity and Venture Capital Private equity and Venture Capital is a branch of corporate law in which lawyers represent investors, sponsors, and managers of public and private pension plans, broker-dealers, investment advisers, custodians, and other financial industry service providers across the entire investment spectrum, with an emphasis on public and private debt, equity, and other investment options and investment vehicles, as well as related investment transactions, trajectories and pathways. Private Equity and Venture Capital practice include assisting in: Compliance with Takeover Regulations and Insider Trading Regulations through investment arrangements; Onshore and offshore fund structure and creation in India and abroad, as well as tax-efficient investment alternatives in India; Fund representation, either individually or as syndicate members; Drafting regulatory approval applications and dealing with compliance with regulatory bodies, such as SEBI / RBI; Documentation for fundraising; Prospective investee firms and prospects are subjected to due diligence. Negotiations from the term sheet stage through the close; Downstream investments; Guidance on portfolio businesses' continuing operations; Exit strategies and put them into action; Formation and structure of advisory and asset management firms; Advising investee firms on matters pertaining to venture capital and private equity investment;   Banking and Finance Banking and finance is a booming industry that intersects with a variety of sectors and overlaps with a variety of other professional areas both regionally and globally. Structured finance, securitization, project financing, promoter funding/loan against shares, syndicated lending, consortium lending, bonds, debentures, and commercial papers are all specific practice areas for banking and finance lawyers. Their role involves negotiating and documenting the contractual connection between lenders and borrowers, as well as guaranteeing that the terms of loan agreements represent their clients' best legal and economic interests. Corporate Debt - bilateral and syndicated rupee and foreign currency credit for capital expenditure, working capital, and general corporate objectives. Project Finance - roads, ports, airports, railways, conventional electricity, wind and solar power, and oil and gas are just a few of the Infrastructure & Energy industries where project finance is available. Acquisition And Leveraged Financing - employing senior secured, mezzanine, and subordinated loan structures for domestic and cross-border acquisitions and leveraged agreements. Asset Finance - for the purchase of equipment, ships, planes, and helicopters, as well as the establishment of security on such assets with Indian regulatory agencies. Real Estate Finance - is used to fund the purchase of real estate properties and projects, as well as the building of residential and commercial projects, as well as lease rental discounting and refinancing. Trade Finance - buyer's credit, supplier's credit, short- and long-term loans against exports, pre- and post-shipment credit, and bill discounting. Securitization - both traditional and asset-backed, as well as the establishment of securitisation trusts, the issuance of security receipts, and the issuance of securitized debt instruments Debt Capital Markets - debentures, foreign currency bonds, commercial paper, masala bonds, bank, and corporate MTN programmes, and other privately placed debt instruments. Corporate Debt Restructuring And Insolvency - asset reconstruction, schemes of arrangement, and actions under the Insolvency and Bankruptcy Code, 2016.   White Collar Practice The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crimes committed by individuals, businesses and government professionals. The White Collar practice in law firms defends businesses, senior executives, public officials and other individuals in a wide range of investigations and prosecutions. A typical white-collar practice in a law firm usually includes the following: Corporate Finance. Collecting, preserving, certifying and analysing evidence to help uncover facts and identify persons involved. Examining and establishing compliance policies. Assisting Indian companies to customize their anti-corruption and bribery policy to suit Indian and International law. Conducting training and awareness programs. Detection, incident management and risk mitigation. Liaising with internal and external agencies to provide end-to-end management of breach of security and fraud incidents. Liaising with internal and external agencies to strategically mitigate damage to reputation and unwarranted publicity. Structuring an organisation’s response to an incident. Implementing processes to handle future incidents in-house. Litigation support in criminal and civil proceedings. Representing in internal investigations and criminal and enforcement matters initiated by the government.     Asset Management Corporate Lawyers in the Asset Management Practice assist institutional alternative asset managers, smaller first-time sponsors and fund of funds, institutional investors, development finance institutions (DFIs), sovereign and pension funds, private banking businesses, government and corporate institutions, family offices, and placement agents with a full range of legal services. The following are some of the areas where Corporate Lawyers work in Asset Management practice: Fund formations span all major asset classes and encompass retail and alternative investment fund formats. Drafting and negotiating fund investments, IMAs, custody, and prime brokerage agreements are all part of investment management. Regulatory reform – establishing compliance programs for asset managers operating in the United Kingdom, the European Union, the United States, and Asia-Pacific. Asset managers, underlying assets, and money transfers are all part of corporate and finance transactions in private equity, debt, real estate, and infrastructure. Working with lenders, borrowers, and sponsors at all levels of the capital system is what private credit is all about. Using the entire spectrum of solutions and international possibilities accessible to sophisticated investors for distressed investments and restructuring. Consultations with industry — working with individual clients or trade associations to successfully advocate their interests before regulators and legislators.   Conclusion In a corporation, the corporate lawyer serves a variety of important roles. A corporate lawyer's responsibilities include ensuring corporate housekeeping (housekeeping typically refers to documents that involve the day-to-day operations and regular activities of the corporation), reviewing and evaluating contracts and documents, providing advisory and support to the company's senior leadership, and rendering views and interpretations of relevant court judgements. A corporate lawyer helps businesses comply with rules and regulations, but that is only the beginning. In reality, everyone starting a business might profit from the services of a corporate lawyer. One of the main reasons behind this is that a corporate lawyer can help you build and plan your business for prosperity, even if you do not choose a corporation as your business structure. That being said, the job profile of a corporate lawyer is equal parts hectic as well as diverse, and one has to have a challenge-loving mindset in order to excel in this field.  

  • Sumasri Sumasri
How To Qualify And Practice As A Lawyer In the USA
Aug 05, 2022
How To Qualify And Practice As A Lawyer In the USA

The USA has become an attractive destination for foreign lawyers who wish to settle and practice law. The United States has a long history of legal practice and is considered one of the best legal systems in the world. An established legal practice in the US can benefit the career of any lawyer. There is, however, cut-throat competition with the biggest and brightest legal minds in the country who have graduated from world-class legal departments such as Harvard, Stanford, and Columbia Law Schools. Practising law may be easy but it is difficult to establish a mark in the US, especially for foreign lawyers. In this article, we will simplify and explain the requirements that are needed to practise law in the US for an Indian Lawyer.  The USA has a Common Law System. Fortunately, India also has a common law system. This makes it easier to pursue law in the USA if you have a degree obtained from India. Being a true federal system, all states have different requirements for admission to the Bar.    Choose the State Where You Wish to Practice: -  All states in the United States have different requirements to be admitted to the bar. This is a result of the federal structure of the US. It allows all the federal states to develop their own rules and process for admission. Choosing a state depends on a number of personal as well as impersonal factors. The choice is made by the lawyer at his discretion depending on his preferences.  Once you select a state, you may apply for the Bar Examination in that state in order to be a practising lawyer there. Appearing for the Bar Exam is compulsory in order to practise. For the purpose of this article, we will be referring to New York as it is one of the most sought-after states for foreign lawyers. New York is preferred as it is easier to be a lawyer in New York compared to other states in the US, more so as it is also considered the financial capital of the United States.     Accreditation of Law School by ABA  The ABA or the American Bar Association approves some law schools under itself. Only those approved law school graduates are allowed to appear for bar exams. This is compulsory in the majority of states in the US. This makes it very difficult as foreign law schools do make an entry as they do not have ABA accreditation. Thankfully, the State of New York Bar allows Non-ABA approved law graduates to appear for the law exam as well. Some other states that follow the same practice are the states of Washington & California.       Eligibility and Qualification In the state of New York, The Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law have laid down the eligibility for one to appear for the bar exam when they are a foreign applicant i.e. from India or any other foreign state.    A. Rule 520.6 (b) (1) (most applicants will be applying under this provision) has four major eligibility requirements: Qualifying Degree (520.6 [b] [1]). The foreign-educated applicant must have fulfilled the educational requirements for admission to the practice of law in a foreign country other than the United States. The applicant must have a qualifying degree, which must be a degree in law. Accreditation (520.6[b][1]). The qualifying degree must be from a law school or schools recognized by a competent accrediting agency of the government of the foreign country and must be deemed qualified and approved. Durational Equivalence (520.6 [b] [1] [i] [a]). The applicant’s period of law study must be successfully completed.  The program of study must also be “substantially” equivalent in duration to a full-time or part-time program required at a law school in the United States approved by the American Bar Association (ABA) and in substantial compliance with the instructional and academic calendar requirements of section 520.3(c)(1)(i) and (ii) and 520.3(d)(1). Substantial Equivalence (520.3[b] [1] [i] [b]). The foreign country’s jurisprudence must be based upon the principles of the English Common Law, and the "program and course of law study" successfully completed by the applicant must be the “substantial” equivalent of the legal education provided by an ABA-approved law school in the United States. According to this, an Indian applicant must have studied at an Indian law school approved by the Bar Council of India. The degree obtained from the Law school must also be recognised by the Bar Council. Lastly, the education must be equivalent to the standards of education in the US in the aspects of duration and common law.  The requirements listed above are similar to the state of Washington where one needs two to three years of experience as a practising lawyer in their jurisdiction.    Online Foreign Evaluation  This is the first step that will kickstart one’s process to enter the New York state bar. The Foreign Evaluation is a process that will pave the way to giving your bar exam. Application for foreign evaluation does not mean that the candidate can appear for the Bar. It has to be submitted before the application is made for the Bar Examination. The foreign evaluation determines the eligibility of the candidate. Applying for the bar exam without receiving determination of eligibility will be risky for the candidate. The candidate also has to submit the following documents that will prove their eligibility.   Taking The Bar Exam Foreign lawyers who wish to sit for the bar examination should refer to the Comprehensive Guide to Bar Admission Requirements and contact the state board of examiners in the state(s) in which they wish to sit for the bar exam. A directory of state bar admission agencies can be found in the Comprehensive Guide. The bar exam is taken in several parts over at least two days. Most states will dedicate one day to the Multistate Bar Examination, a multiple choice exam covering topics not specific to the law of any one state, such as Contracts, Torts, Property, Constitutional Law, and Evidence. Another day would cover the law of the specific state in which you are taking the exam. This might be a multiple choice exam, an essay exam, or both. Additionally, the exam may include the Multistate Performance Test, which is designed to evaluate lawyering skills rather than substantive law. Finally, you will need to pass the Multistate Professional Responsibility Exam, which tests your knowledge of professional ethics. This exam is administered on a separate occasion from the regular bar exam.   Legal Education In The United States If you are someone who has undergone his legal education in the United States itself, you may skip the procedures outlined above as you will be directly eligible for the Bar Exam. In the table below we have outlined some of the leading law colleges in the country according to their rankings in the U.S. News & World Report. Yale Law School (always #1) Harvard Law School (#2–4) Stanford Law School (#2–3) Columbia Law School (#4–5) University of Chicago Law School (#3–5) New York University School of Law (#5–6) University of Pennsylvania Law School (#7–8) University of Virginia Law School (#7–10) University of California Berkeley Law School (#6–9) Duke Law School (#10–11) University of Michigan Ann Arbor Law School (#7–10) Northwestern Law School (#10–12) Cornell Law School (#13–14) Georgetown Law School (#13–15)   Source: HERE.   Documents Required for New York Bar Exam: -  Official Transcript(s). Submit a final, official transcript directly from every law school attended that includes the dates of attendance for each period of study, the courses taken and passed for each period of study, the grades, the number of credits, the degree awarded, and the date the degree was awarded. Degree Certificate. If the official transcript does not clearly state the degree awarded and/or the date such degree was awarded, you must also furnish the degree certificate. Proof of fulfillment of the educational requirements for admission to the practice of law in a foreign country. (a) If you are admitted to practice law in a foreign country,    attach a copy of your admission certificate, OR (b) If you are not admitted to practice law in a foreign country, submit proof of the educational requirements for admission to practise law in your country and proof from the bar admission authorities that you have fulfilled these requirements. Accreditation. Submit a written statement from the competent accrediting agency of your foreign government that the law school or schools you attended were recognized by them as qualified and approved throughout your period of study. Further, a written statement that your law school has an affiliation with the National Bar Council also has to be proved.    Bar Examination After the above process is completed, one can apply to appear for the bar examination. The fees that have to be paid during application for the bar exam is $750. This fee is for foreign applicants only. The Bar Examination is a high-quality, uniform battery of tests. It consists of the Multistate Bar Examination (MBE), the Multistate Performance Test (MPT), and the Multistate Essay Examination (MEE). It tests knowledge of general principles of law, legal analysis and reasoning, and communication skills – essentially, it tests the fundamental knowledge and lawyering skills that are needed to begin the practice of law.  The bar exam is ideally for two days where the various sections of the exam are taken in the morning and in the afternoon sessions of the exam. In order to pass the examination, the applicant has to score 266 out of 400. The subjects covered are Administrative Law, Business Relationships, Civil Practice and Procedure, Conflict of Laws, Contracts, Criminal Law and Procedure, Evidence, Matrimonial and Family Law, Professional Responsibility, Real Property, Torts and Tort Damages, and Trusts, Wills and Estates.   LLM Approach in California As most states in the US only allow ABA-approved law school students to appear for the bar, a foreign lawyer can easily pursue an LLM course in any state ABA-approved college in the US. Again, this is only allowed in a few states such as California. It allows the candidate to sit for the bar exam after a law degree from an ABA college is received. It easily allows one to appear for the bar exams in the state as they completed some of their legal education in the US. The candidate must complete 200 hours of coursework at an LL.M. or other law program, which includes courses in four subjects tested on the California bar exam.    Immigration  After carrying out all of the above i.e. evaluation, documents, application for the exam, appearing for the exam, etc. there is one key thing that makes your legal career in the US possible. Namely, immigration. As you are immigrating to the US permanently for work there are some aspects that need to be observed in terms of Visa and Immigration.  One can apply for an H1-B visa which is ideally the one provided for people who have completed professional studies and wish to move to the US under such a work visa. There are some requirements that need to be fulfilled and some eligibility criteria. We recommend that hiring an immigration lawyer will simplify these aspects for you. Extraordinary Ability Visa  The O-1 Extraordinary Ability Visa will allow attorneys who demonstrate they have extraordinary ability to enter the US. There are requirements to prove that you have shown extraordinary ability in your profession in which you should consult an immigration lawyer.     What Are The Top Law Firms Based In The United States? Kirkland & Elis Latham &Watkins Baker McKenzie Clifford Chance DLA Piper LLP   Conclusion  These are certain aspects that have to be considered when one wishes to practise law in the US. Every state has different criteria. Anyone who wishes to work in a particular state is advised to visit the Bar Association website of that state for all the important and relevant details, and for a more comprehensive understanding of the entire process.        Legal Bots wishes you all the best!    

  • Sumasri Sumasri
How To Qualify And Practise As A Lawyer In Canada
Aug 01, 2022
How To Qualify And Practise As A Lawyer In Canada

Canada is considered an education hub for many students who wish to pursue an undergraduate or a postgraduate degree abroad. Apart from that, it has also become a welcoming country for law students who want to pursue their higher education and also eventually practice law in Canada. Even lawyers who have completed their legal education in India can enhance their practice in Canada. However, in order to be permitted to practise law, there are some essential requirements that need to be kept in mind.  Canada has a Common Law System. Fortunately, India also has a common law system. This makes it easier to pursue law in Canada if you have a degree obtained from India. In order to qualify and practice as a lawyer in Canada, you will have to keep the following steps in mind.    Apply for NCA Assessment: -  NCA stands for National Committee on Accreditation. It assesses the legal education and professional experience of individuals who obtained their credentials outside of Canada. The main job of the NCA is to see if the education obtained by foreign lawyers is at par with the standards of education obtained in Canada.    Who Can Apply: -  All internationally trained legal graduates can apply, whether you are: a newcomer to Canada with a law degree a legal graduate thinking of immigrating to Canada The application can be made on the NCA website, i.e. nca.legal. An Indian lawyer who has got a degree in India and is allowed to practise law in India with that degree is eligible to apply for the NCA. The review of the application is carried out through the NCA policies formulated by the NCA. A fee amount of $450.00 CDN, plus taxes have to be paid as part of the application process.    Legal Education In Canada If you are someone who has undergone his legal education in Canada, you may skip the procedures outlined above as you will be directly eligible for the Bar Exam. In the table below we have outlined some of the leading law colleges in Canada. Canada  Canada Law Rank 2022 WUR Law Rank 2022 University  City 1 16 University of Toronto Toronto 2 17 McGill University Montreal 3 39 University of British Columbia Vancouver 4 50 York University Toronto 5 51 University of Montreal Montreal 6 101–125 University of Ottawa Ottawa 7 126–150 Université Laval Quebec City 8 126–150 Western University London What does the Form Include? Full Name  Date of Birth  Email Address   Documents Required For a lawyer practising law in India, the bar council has to send an Official letter or certificate of good standing. This letter can only be sent by the council and not the applicant.  Graduate students have to arrange to mail their detailed mark sheets from their educational institution. This has to be done by the educational institution and not the applicant.  Upload an updated outline of your education and work experience (résumé or Curriculum vitae) in the application form.  If the documents are in any other language except English and French, then the documents shall be translated into any of the above languages.    Assessment Process According to the NCA Website, the assessment process is below: -  The NCA assesses your legal education and experience, measuring it against the National requirements and according to its Policies.  The NCA tells you the things you must do to qualify for law society bar admission (these are called “assignments”). To meet your assignments, you may need to write NCA exams or take courses at a Canadian law school. The applicant also has to pay fees for each exam. You complete your assignments The NCA certifies that you have met the requirements by giving you a Certificate of Qualification. Further, it may also ask the applicant to take classes and exams in English and French language.    What are the NCA Exams?  NCA exams are open book exams. The format is very similar to the examination format of Canadian law schools. The examination is 3.5 hours long and conducted online. The fee for registration for each NCA exam will be $400 CDN plus applicable taxes. Every year the NCA offers twelve exam sessions. The core subjects that are assessed during these exams are:  Canadian Administrative Law  Canadian Constitutional Law  Canadian Criminal Law  Foundations of Canadian Law  Canadian Professional Responsibility Contracts Law Tort Law Property Law After the NCA exams are complete, the NCA will grant the candidate a certificate of qualification. This states that you are qualified to practise law in Canada. This is not the last step, there is one more exam which will give you the license to practice.    Appearing for the Bar Exam The license to practice is obtained after the candidate appears and passes the barrister and solicitor exam. However, the candidate has to appear for the exam in the province where they intend to practice. Each province has its own separate bar exam. For the purpose of this article, we will focus on the licensing exam in Ontario. The form of examination in each province is more or less the same. The Licensing Examinations consist of a self-study open-book Barrister Examination and a self-study open-book Solicitor Examination that is currently delivered online.    Eligibility        IF YOU ARE FROM CANADA Graduated from a common law program approved by the Law Society at a university in Canada or received a Certificate of Qualification issued by the National Committee on Accreditation appointed by the Federation of Law Societies of Canada and the Committee of Canadian Law Deans; Successful filing of all licensing process application documents; and Payment of all required fees  The fees are as follows: Refund Policy Assessment fee – $450.00, plus taxes  Assessment appeal fee – $285.00 plus taxes (will not apply unless you appeal your assessment result)  Exam fee – $400.00 per exam, plus taxes (minimum $400 x 5 = $2,000)  Exam appeal fee – $250.00 per exam, plus taxes (will not apply unless you appeal your exam result)  Cancellation fees – $50.00 per exam, plus taxes (will not be a factor unless you cancel an exam)  Minimum cost: $2,450.00, plus taxes Please note that all costs are listed in Canadian dollars. Source: https://nca.legal/costs-and-timelines/   IF YOU ARE FROM OUTSIDE CANADA Assessment By The NSA Internationally trained lawyers can apply for the NCA assessment at any time, even prior to coming to Canada (citizenship and residency are not looked at during the assessment process). FLSC identifies the following formalities that are necessary in order for the NCA assessment to be processed:  Online assessment application form, including a payment of CAN$450, plus applicable taxes;  The official set of final academic transcripts from the institution of your studies (copies are not accepted);  Set of documents to be sent to the NCA by the institution where you completed your legal education, including an official copy of your academic transcripts;  (if applicable) a certificate or letter of membership in good standing from the local regulatory authority; and  (if applicable) an official copy of your transcripts from the local regulatory authority for any courses or examinations required by such authority.  (If the official language of instruction of the law degree or the official language in the jurisdiction was other than English or French) Language proficiency of a minimum 7.0 on each module of IELTS test (for English) or TEST Can (for French). This requirement may be waived if sufficient evidence is presented.  After all of the required documents are received, the NCA will start the application process, and an assessment report will be mailed to the applicant within 4-8 weeks.   What Happens After The Assessment? Each application is looked at on an individual basis, evaluating candidates’ experience and qualifications, the length of the program and subjects of studies, academic performance, the type of legal system where education was acquired, and other similar criteria. After the assessment is complete, candidates will receive their assessment report that outlines the list of requirements they would need to meet in order to receive a Certificate of Qualification. The requirements can be divided into 3 types: Passing the NCA exams; Taking courses in specific areas of law at a Canadian law school or Completing a Canadian common law degree program. The assigned requirements focus on the key competencies of the Canadian common law, including 5 mandatory subject areas: Foundations of Canadian Law; Canadian Administrative Law; Canadian Constitutional Law; Canadian Criminal Law; and Canadian Professional Responsibility.   Application Process The application process is divided into two parts. Part I consists mainly of providing personal information and the payment of $160 CDN, this is non-refundable. Part II of the application mainly requires you to file, with the Licensing and Accreditation Department, a printed copy of your application along with required supporting documents. The basic details required here are: -  Personal Information Section Proof of Legal Name Voluntary Information Section Good Character Section Proof of Education Section  Experiential Training Selection Licensing Examination Section Declaration, Confirmation and Agreement Process for Certification of Documents by a Guarantor or Referee Submitting Photos Submitting Proof of Legal Name Submitting Good Character Information Signing the Declaration and Obligations page Application Fee and Late Fee Payments Preparing the Application Package  For more details please visit here.   Immigration Process      After all the requirements are complete, none of it will be useful if you have the right immigration process which is a mandatory requisite. A work visa is necessary to be obtained. Canada is a country that has a shortage of professional workers such as lawyers.[1] Those who wish to study LLM and then settle as a lawyer must first obtain a study permit visa. It is valid up to the duration of the course. After graduation, the candidate can obtain a work permit to work in Canada after graduation.     For Outside Canada Graduates You can apply for a PGWP from outside Canada as long as you are eligible and you’ve been approved for a study permit. You do not have to have held a valid study permit at any point during your online studies from outside Canada. You have up to 180 days after you graduate to apply for a PGWP. When you apply, you must confirm the following: that you attended and completed your program the name of your program, and the length of your program Know More About The Post-Graduate Work Permit here.    For Professionals The Comprehensive Ranking System (CRS) is the points-based system that the Canadian authorities use to assess and score your profile and rank you in the Express Entry pool. Know more about CRS here. Technically, no minimum CRS score is needed for submitting a profile in Canada Express Entry as a Lawyer applicant. Having a job offer boosts your CRS score by 200 points. Thus, it is sensible to start this process as soon as possible. The immigration code is assigned to each occupation in the Canada NOC List. 4112 is the code for individuals seeking to immigrate to Canada as a Lawyer. It is also known as the Solicitors NOC Code. You would have known through online platforms that a job offer is a prerequisite for immigrating through the Express Entry system.  However, Lawyers also have extra options for securing the PR Visa. Lawyers are able to process their immigration applications under the various Immigration pathways of Canada even without a job offer due to the huge demand for lawyers in the nation. It is for this reason that the occupation finds a place in the list of targeted occupations in the In-Demand List of the National Occupation Code. So lawyers across the world have a great option for residing and working in Canada with a PR Visa.   Examination  The examination is open book, based on source material provided by the law society of the province. Each exam is each 7 hours long and the candidates are allowed to carry the source material. The paper pattern and subjects to keep in mind are below.    For the Barrister exam: -  Ethical and Professional Responsibilities Knowledge of the Law  Establishing and Maintaining the Barrister-Client Relationship Problem/Issue Identification, Analysis, and Assessment Alternative Dispute Resolution Litigation Process Practice Management Issues. For the Solicitor Exam: -  Ethical and Professional Responsibilities Knowledge of the Law (Ontario and Federal Legislation, Case Law, Policy, Procedures, and Forms) Establishing and Maintaining the Solicitor-Client Relationship Fulfilling the Retainer Practice Management Issues The questions in the exam are designed in such a way that it covers all the necessary aspects that an entry-level practitioner has to keep in mind.    Articling or Law Practice (Experiential Training) This is a necessary part of practising law in Canada. The candidate is allowed to choose one from two forms of experiential training: -  Articling Program - This is an 8-month training course where the candidate is placed with an approved principal to gain practical legal skills in preparation for entry-level practice.  Law Practice Program (LPP) - This is also 8 months long but it is divided into a gap of 4 months. A four-month training course and a four-month work placement. This training is mandatory. It can be exempted subject to some conditions.    Good Character Requirement  According to the Law Society Act, all licensed members should have good character. This is to uphold the prestige and ethics of the law society. During the licensing application, the candidate has to answer some questions that assess their character.    Call to the Bar This occurs only after the candidate has successfully completed the application process for the license. The applicant has to pay a call to the bar fees. The applicant also has to attach some documents mainly: -  an Application for the Licensing Process duly signed and certified by a guarantor or referee; certified proof of legal name; NCA certificate  two passport photos; certified proof of legal name change (if applicable); all articling documents including:   Articles of Clerkship Certificate of Service Under Articles All candidates must complete the “Affidavit for taking the Oath” and a "Petition for Call to the Bar and Certificate of Fitness Form". The documents provided to eligible candidates must be fully completed, signed, commissioned, and witnessed. Through these step-by-step processes, one can qualify and can be permitted to practice law in Canada. For more details refer to the important links below.   Can An Indian Law Graduate Become A Lawyer In Canada? Canada's National Committee on Accreditation (NCA), which evaluates the internationally-obtained credentials of lawyers who wish to practice in Canada, announced in 2015 that the law degrees of legal professionals from India will be considered equivalent to those from the United Kingdom and Australia.   Remuneration For A Lawyer In Canada Needless to say, the profession of a lawyer is held in high regard and is financially rewarding, more so with the increasing years of experience. Given below we have covered the standard remuneration for lawyers in Canada as well as in certain Canadian locations: Community/Area Salary ($/year) Low Median High Canada 37,347 116,940 294,346 Alberta 46,078 140,808 423,922 British Columbia 37,400 115,621 242,117 Manitoba 45,823 109,179 198,651 New Brunswick 30,259 79,485 140,372 Newfoundland and Labrador 55,248 131,203 279,002 Northwest Territories N/A N/A N/A Source: HERE What Are The Top Law Firms Based In Canada? Borden Ladner Gervais LLP Gowling Lafleur Henderson LLP Fasken LLP Norton Rose Fulbright LLP Blake, Cassels & Graydon LLP   Important Links:  https://lso.ca/becoming-licensed/lawyer-licensing-process#call-to-the-bar-of-ontario-become-licensed--4 nca.legal   Legal Bots wishes you all the best!    [1]https://www.urbanlegal.ca/weekly-insights.html?nID=38          

  • Sumasri Sumasri
An Overview of a Career in Legal Journalism
Jul 29, 2022
An Overview of a Career in Legal Journalism

What Is Legal Journalism? ‘Legal Journalism’ is an amalgamation of a career in journalism and law. It requires knowledge of the law as well as the skills of journalism. It is not a conventional or customary choice of employment for law graduates. However, legal journalism is gaining reasonable traction as a career option nowadays. Although it is a relatively new concept, it is getting popular over time. Such career choices break the convention that a law graduate can only make a career in litigation, as a judge, or work in a law firm, or other corporate legal jobs. Legal Journalism focuses majorly on reportage based on legal or political topics and issues. Its sole purpose is to keep the audience updated and aware of legal matters. Legal updates can be posted on various media platforms like newspapers, news channels, blogging, and videos on social media platforms among others. It is a unique niche in journalism to spread legal knowledge and issues. Journalism in this aspect is only concerned with law and other statutory provisions, as well as social and political impact arising from the same.   Eligibility To Become A Legal Journalist There are certain requisite educational requirements to pursue a career in legal journalism:- The individual must have a mandatory and valid degree in law. The individual who wants to pursue a career in legal journalism must have a law degree such as LLB (Legum Baccalaureus) or LLM (Legum Magister) affiliated with the BCI (Bar Council of India) and approved by the University Grants Commission (UGC). The individual doesn't need to have a degree in Journalism. However, a diploma or similar certificate courses may prove to be helpful while pursuing the profession of a legal journalist. The individual should have superior oratory skills and a flair for writing. Communication skills are one of the major requirements for a career in journalism. The individual should be fluent in the language of his/her choice. The individual may have some experience through an internship in the area of legal journalism.   Role Of A Legal Journalist An individual pursuing a career in legal journalism must perform certain necessary roles and tasks to become a successful professional legal journalist. Any legal journalist must do proper research work in the field of law and gather required facts and statistics on the concerned topics. A legal journalist through his communication and oratory skills must be able to convey to the general public important legal information. A legal journalist may write legal blogs on the internet or write articles about law and related matters in newspapers. A legal journalist may post videos on social media platforms based on various legal aspects. The legal journalist should have the diverse legal knowledge and required skills a journalist. Like any other journalist, a legal reporter is under an ethical obligation to report the facts in an objective and unbiased manner, showing both sides of the opinion spectrum without emphasising either. Needless to say, the nature of this work is largely contrary to the usual work of a lawyer wherein he or she represents a client and is responsible for his or her client’s interests. In the latter, being subjective becomes part and parcel of one’s duty towards his or her client.    Scope And Types Of Legal Journalism The scope of Legal journalism is broadening with time and there are various fields through which an individual can make a profession out of law and journalism. Legal Journalism is gaining popularity with time. Some of the major types of legal journalists include- News Channel Reporter-  This is similar to a news reporter, the only difference stands that a legal news reporter will report news about the area of law such as following major legal trials in the courtrooms, reporting changes in statutory provisions in the Parliament or reportage of enactment of new laws and Acts. News Paper Writing-  Through writing legal articles and reporting legal news in daily newspapers or magazines a legal journalist can make a career in legal journalism. For this, an individual must have impeccable writing skills and command of the concerned language. In recent times, organisations like Bar and Bench, SCC, and Livelaw have brought forth new dimensions in the scope and extent of legal journalism. Internet blogging- Internet blogging is similar to writing articles in a newspaper. Instead on a paper the article or blog is published on the internet for people to access. Such blogs can be informative, commentaries on case laws, or case reviews. Various papers are published on the internet related to legal topics. Publishing papers or writing blogs requires good knowledge of law or research skills. The writer should have a flair for writing and comprehension. Posting Videos on Social Media Platforms-  Posting videos and vlogging has become popular mechanism for consuming information in modern times. Legal journalism can be practised through posting informative videos associated with legal concepts on social media platforms such as Youtube, Instagram, or Facebook among others. Individuals can independently start online channels or pages to convey legal news and information. Legal Journalists can make documentaries on case laws and changes in the legal systems on these platforms.          Internship Opportunities For Legal Journalism In the last decade or so, several legal media outlets have flourished, owing to the wide consumption of legal news, media, and related content. A student looking to learn and apply the nuances in this profession may apply for short-term (4 weeks) or long-term (>4 weeks) internships at any such organisation. Some of these are: Live Law Live Law is a comprehensive legal news portal that is committed to providing accurate and honest news about legal developments. It is currently India’s leading legal news portal.  You may mail your internship application to the Chief Editor- [email protected]. Bar & Bench Bar & Bench is another leading legal news portal that regularly publishes the latest updates from the legal industry. For an internship at Bar & Bench, references will be given to candidates with some or all of the following skills- Data journalism and visualisation; Social media engagement; Editing; Qualified candidates will be paid a stipend. The internship will be at our office in Bengaluru. Do send your resume and a writing sample of no longer than 500 words (Both are MANDATORY) to [email protected], with the subject title: 'INTERNSHIP". Interning at these organisations is likely to give the candidate first-hand exposure to how legal media outlets work, how assignments are given, how to do the work efficiently, what are stages the content goes through before being published, and so on. The experience gained from such internships is usually invaluable for the later stages of one’s career.     Benefits Of Being A Legal Journalist It is a relatively new career option and consequently has a higher scope of evolution compared to other conventional legal jobs. It has a better chance of creative growth as well as a vast area to acquire knowledge It is a unique concept in the field of law and has a growth rate of around 4 per cent in the coming decade. It is a better and easier way to convey legal awareness among the general public.   Drawback Of Legal Journalism It is a relatively new concept therefore it may take some time to grow as a career option. It might not be a very high-paying job as other traditional legal occupations. It can be an exhausting choice of employment as it requires the skill of both a lawyer as well as a journalist.   Remuneration Of A Legal Journalist The income and pay scale is often primary consideration when it comes to determining a career choice. Many factors determine the salary of a legal journalist. Some deciding factors include the candidate’s qualification, his/her working experience, the city in which he/she is working, the kind of industry in which he/she is hired, etc. A legal journalist cannot always expect a posh salary like lawyers who are working in firms. But also will be an injustice to mention that once you acquire the appropriate skill to be a legal journalist, there will be no earning limit. The pay scales ultimately depend upon the employing organizations. The advice is to hence follow your heart and work with ample passion towards the chosen profession, success is bound to follow your way. A legal journalist’s salary is on similar lines to that of a journalist. On average, the beginner-level salary of a legal journalist working in a Tier 1 city is in the range of 4-5 Lakh rupees per annum.  In the table below, we have covered the overall remuneration of a legal journalist in more detail:   Average Annual Salary At A Glance: In Government Organisation   INR 4-5 LPA In Private Organisation     INR 7-8 LPA Experience Wise Salary At A Glance: 0-2 Years Of Experience    INR 4-5 LPA 3-5 Years Of Experience     INR 8-9 LPA More Than 10 Years Of Experience     INR 15 LPA Source: AmbitionBox Legal Journalism is a profession that requires a various set of skills like public speaking, analytical creativity, writing genius, media production knowledge, logical thinking, critical thinking, decision making, research expertise, and knowledge of law among others. It is mandatory to have a law degree for legal journalism as it is wholly based on reportage or publication in the arena of law. A diploma or certificate course in Journalism may prove to be helpful but is not made obligatory as law in itself makes a person gain oratory, analytical, good writing, and communication skills. Legal journalism is a budding line of work and may gain acceptance with time. Social media is currently witnessing uncanny growth with changing times this can prove to help promote legal journalism. LegalBots wishes you all the best!

  • Sumasri Sumasri
What is an SOP? How to draft a good SOP for LLM Applications?
Jul 25, 2022
What is an SOP? How to draft a good SOP for LLM Applications?

A Statement of Purpose (SOP) or a personal statement is a statement that supports one’s admission to attend college or university for a legal degree. While the SOP is mandatory for most institutions admitting students for a Master’s degree in law (either a one-year or a two-year LL.M), it is at times also required for the Bachelor’s degree as it helps in gauging the mindset of the student. It is an opportunity for the student to articulate the purpose for his or her choice of discipline, giving evaluators an insight into their selves, including the skills and experiences that they have demonstrated for the field in question.  As far as SOPs are concerned, no uniform prescribed format or template can be followed- this is because each Statement Of Purpose is a unique reflection of the applicant and therefore there is substantial discretion to be used by the individual when drafting the SOP. However, there may be certain guidelines that may be issued by the education institution in question such as formatting guidelines, restrictions on the total number of words, etc. That may be both exhilarating and frustrating.  An SOP serves as your introduction to a selection committee. It decides whether you will be invited to an interview, and if you are chosen as a finalist, the interview questions will be based on this information. It is the most significant factor in your application and considerable planning and effort should be given to drafting this.    However, some universities may ask for a Personal Statement (PS) rather than an SOP. In both cases, the major essence of your draft will be similar, i.e. you need to include the following points:  Your legal interests and how they began  Your motivation for choosing Law and further studies  Professional goals after the completion of LLM  Experience/legal practice and your learnings  Any publications, presentations, or conferences that you attended or participated  Share your wins and learnings from losses  How the degree from that particular college/university will be beneficial to you It is to be noted that despite the SOP having an inherent value in the admission process, most Indian law colleges do not require an SOP either at the undergraduate or postgraduate level as the admission is based solely upon the qualifying examination such as the CLAT UG or CLAT PG. However, SOPs are held in high regard in foreign universities which have a more in-depth approach to evaluating candidates. SOPs are also invaluable for scholarship and grant applications.    Some of the leading foreign universities and law schools which require Statements Of Purpose or Personal Statements are: Oxford University Harvard University Columbia School Of Law University Of Toronto Queen’s University York University   Indispensable Advice – Make it Personal The most crucial aspect of the SOP to remember is that it is just that: personal. There is no secret formula for creating a successful SOP since the best SOPs are tailored to the individual who is writing them. The statement must catch the glimmer of your history, hobbies, and interests in a unique way that no other writer can match. While each student's SOP is unique, there are a few similar elements that may be found in the greatest potential statements, as well as a few frequent mistakes to avoid. Different LLM schools may have different SOP rules, such as particular questions they want you to answer, page limitations, or formatting criteria. Aside from the word count or page count, most Law School guidelines on SOPs are not very explicit about the requirements. For example, Harvard Law asks applicants to describe their interests, legal problems, and solutions, personal background, goals, and reasons for applying to the programme; Berkeley Law wants to know about your legal interests, why you want to study at Berkeley Law and your professional plans or goals after graduation. The Following Questions Must Be Answered In An Effective SOP Who am I? What kind of individual do I aspire to be? How and what sort of contribution do I wish to make to society? How do I wish to bring about social change? Why should I go to Harvard (or Cambridge, Oxford, LSE, Berkeley, etc) to study? Why is this the ideal time and place for this programme? Is it in line with my previous studies and activities?  It is important to cover these aspects coherently.    Your Connection With The Legal Field As an applicant, how you came to the point of applying for a Master’s degree in a specific field in law has to be demonstrated with precision. This includes elaborating on your academic background with special emphasis on your undergraduate legal studies, post-academic work experience be it litigation, in a firm, or as an in-house counsel, future goals, how the law helped in your career goals, and the motivation behind it all.  This section helps the evaluation panel understand your aptitude as well as attitude towards the legal field and gives them with sound rationale on why you deserve a place in their esteemed institution by showing your capacity for a valuable contribution.   Be Precise About Your Chosen Area One of the benefits of pursuing a highly specialised master's degree, such as one in corporate law or criminal justice, is that it allows you to expand your knowledge and comprehension of the field. As a result, you must be very precise and explicit in your SOP about why you want to spend a year or two going so thoroughly into one particular field of law. Fortunately, if you have picked a highly specific master's programme, you have probably already compiled a good list of reasons for your interest. If you apply to a more general LLM programme, on the other hand, you must still show the selection committee why you want to continue your academic study of law beyond your LLB and how the specific LLM programme you have applied to may assist you in doing so.   Applying To Multiple LLM Programs You should not submit the same SOP to several LLM schools. The one-shoe-fits-all approach is highly discouraged in academic and professional spheres. If you are applying to several LLM schools, you must write each SOP from scratch, keeping the concerned school's criteria in mind and tailoring the SOP accordingly for the best impact.   Establish A Foundation Your argument that your enthusiasm for a particular field of law is why you are the ideal LLM applicant, but won't mean anything unless you can back it up with facts. It is critical to highlight events from your undergraduate degree, extended life, relevant professional experience, or extracurricular activities that have influenced your decision to pursue this LLM. It's also critical to be truthful about your reasoning while delivering proof.  This will be far more convincing than unclear or made-up arguments. Do not lie on the SOP, the admissions committee will figure this out while verifying the facts or doing background checks.   Link Your Career Goals It's critical to explain why an LLM is the necessary next step for you in your intended professional path. Because an LLM is not a mandatory qualification for many legal positions, the admissions committee will want to know why you should pursue their LLM programme over another option at this point in your career. Also, emphasising your primary interests and how they relate to your long-term goals is a great way to show how an LLM may help you reach them.   Addressing Any Negative Elements - Low GPA Or IELTS Score Your GPA- which stands for Grade Point Average- is an indicator of your average academic performance throughout a particular course.  Whether a GPA is good or not depends on your personal and academic objectives and on the university and study programme you choose. Usually, a GPA of 3.0 - 3.5 is considered good at several colleges and universities. Top academic institutions usually require GPAs higher than 3.5. If you have a lower or below-average GPA, you can still enrol at certain universities, but you might not be eligible for financial aid or other support programs and services. In most circumstances, it is preferable to focus on your abilities rather than your poor GPA or IELTS score. However, if you believe you have compelling arguments, you should go ahead and explain yourself. Personal health or adverse personal circumstances are two prevalent explanations for poor performance in one semester. You should explain this in a kind manner, and there is no need to become hysterical.  Also, if you have a poor overall GPA but outstanding marks in your major courses or the profession in which you want to work, you can always utilise that to reaffirm your enthusiasm for that subject area. You can also take a little time off before applying and take some initiative to improve your GPA. Low grades can be mitigated by stating relevant job experience (internships, etc.), workshops or certificates, and additional courses taken. If none of the factors listed above applies to your low GPA, the best option is to seek assistance from the faculty member who wrote your reference letter. Your professor is the ideal person to say that your grades do not reflect your potential and ability and that you are enthusiastic about the programme you have applied for.   The Do’s Make sure your statement is well-structured. While there is no set sequence in which you write it, it is best to have a structure to ensure that it is easy to read. Research on the LLM program, the Law School, and its instructions on the SOP, if any. Answer all questions posed by the Law School in their instructions.  Do proofread your SOP carefully, using the word processor’s spellcheck. It should reflect your writing skills as the admissions committee members are usually lawyers by training, and all lawyers are perfectionists when it comes to spellchecks. Along with your IELTS[1] or TOEFL[2], your SOP is also a direct reflection of your English language skills. So be careful not to make any grammatical mistakes, use proper vocabulary, and have at least 3 individuals proofread or check your statement for you. Stick to the word count, as per the instructions of the Law School. It is usually preferable to keep things simple and to avoid using flowery terminology or unnecessary explanations.   The Don’ts Do not plan to use the same SOP for multiple LLM programs. Do not allow someone else to write or rewrite your SOP, it is not a good idea. Submitting a statement that isn't your writing is the surest way to have your application refused or to be expelled after admission. Do not write an essay that reads like a CV of accomplishments and objectives, since this informs the reader nothing that the rest of the application doesn't. It provides little information about the candidate and is a waste of time. Do not make it a petition for the scholarship. This is not a request to "present your case." Defending a claim that you are more deserving of the scholarship than other applicants is a waste of time; you've almost certainly just done the opposite. Do not incorrectly assume what the committee is searching for or write what you believe they want to hear. They want to learn more about you. An SOP is most significantly genuine and any hint of plagiarism is likely to terminate your chances.    Conclusion To conclude, the finest SOPs contain what the student has done in the past to help them become who they are today, as well as how an LLM degree will help them become who they will be in the future. The past, present, and future should all be linked in a logical, convincing, and consistent manner. Whatever framework a student chooses, they should be sure to present a clear and convincing argument that connects the major points of their history and career aspirations. To summarise, students should examine what they like about the law school's LLM programme, course offerings, faculty, the research interests of the faculty, as well as why that programme is a suitable fit for their requirements, objectives, and ambitions. The SOP is the most challenging part of the LLM application. Still, if you give it the time and attention it deserves, it can be the component of your application that distinguishes you from other candidates and persuades the admissions committee that you are the best candidate for a spot in the next LLM batch.   LegalBots wishes you good luck with your application!   [1] The International English Language Testing System is an international standardized test of English language proficiency for non-native English language speakers. It is jointly managed by the British Council, IDP: IELTS Australia and Cambridge Assessment English, and was established in 1989. [2]Test of English as a Foreign Language is a standardized test to measure the English language ability of non-native speakers wishing to enrol in English-speaking universities. The test is accepted by more than 11,000 universities and other institutions in over 190 countries and territories.

  • Sumasri Sumasri
Which Are The UGC-Approved Journals And How To Publish In Them?
Jul 22, 2022
Which Are The UGC-Approved Journals And How To Publish In Them?

Introduction Writing research papers and getting them published constitutes one of the core components of co-curricular activities in law school. Publications help the students with a deeper understanding and perspective about the topic of publication, critical thinking, research, and writing skills which are very useful for a career as a lawyer or in legal education and research.  However, while pursuing research and publication efforts, it should be kept in mind that not all journals carry the same degree of credibility and the choice of a publication platform should be made accordingly. There are several parameters to make the correct choice in this regard, one of them being approval from a leading statutory body in the academic sphere in India like the University Grants Commission (UGC). This article aims at bringing some clarity to this issue by listing and highlighting legal journals that currently enjoy approval under this authority. Read on!   List Of Journals Approved By The UGC AIPLA Quarterly Journal Annual survey of Indian Law Appeal: Review of Current law and Law Reform Army Institute of Law Journal Australian Intellectual Property Journal Australian Journal of Administrative Law Australian Journal of Labour Law Berkeley Journal of International Law Boston College Law Review Brawijaya Law Journal Brooklyn Law Review California Western International Law Journal California Western Law Review Canberra Law Review Cardozo Arts and Entertainment Law Journal City University of New York Law Review Company Law Journal Comparative Constitutional law and Administrative Law Criminal Law Journal George Mason Law Review George Washington International Law Review German Law Journal GNLU Journal of Law, Development and Politics Harvard Human Rights Journal Harvard Journal of Law and Technology Hasanuddin Law Review Idaho Law Review Indian Journal of Law and Justice Indian Journal of Law and Technology Intellectual Property Forum International Annals of Criminology International Journal of Legal Studies and Research Journal of the Indian Law Institute Journal on Environmental Law, Policy and Development Jurisprudence: An International Journal of Legal and Political Thought Legal Information Management Lewis and Clark Law Review National Law School Journal NIU International Journal of Human Rights  NLUJ Law Review Rostrum’s Law Review Supreme Court Journal Temida The Canadian Bar Review The American Journal of Comparative Law The Judges Journal Uniform Law Review Vermont Law Review Virginia Journal of International Law Washington and Lee Law Review William and Mary Law Review Wisconsin Journal of Law, Gender and Society Yale Journal of Law and Feminism Yale Law and Policy Review Further, given below are the overviews of 5 leading journals in the sphere of Indian law:   Army Institute of Law Journal Official Website: https://www.ail.ac.in/ail-journal.php  Eligibility The submission of papers is open only to Teachers, Academicians, Professionals, and PhD. Research Scholars. Students are also allowed to co-author their submissions.   Submission Guidelines Contributions should be in the English language only and conformity with AIL’s scheme and style. Electronic submissions (on website or email) should ideally be made in Word Format (doc)/(Docx). Text and citations should strictly conform to the rules in The Bluebook: A Uniform System of Citation (20th edition). This mode of citation must be strictly followed otherwise the paper shall not be considered for publication. In the case of book reviews, two copies of the book are to be sent. In the case of references from websites, a complete URL address, along with the last date of accessing the website should be mentioned. All manuscripts (in hard copy and e-mail) must be accompanied by: A cover letter with the name(s) of the author(s), official designation institution/affiliation, the title of the manuscript, and contact information (correspondence address, email, phone number, etc). A Certificate that the paper submitted is a piece of original and bonafide research work and has not been published or submitted for publication elsewhere. An abstract of not more than 200 words describing the submission. Word Limit The word limit mentioned as under must be strictly adhered to: Article/Research Papers: The word limit is between 4,000 to 6,000 words. Notes and comments: The word limit is up to 3,000 words. Book Review: The word limit is up to 2,500 words.   GNLU Journal of Law, Development, and Politics Official Website: https://gnlu.ac.in/Journal-of-Law-Development-And-Politics/Home  GJLDP invites authors to submit manuscripts under the following heads:   Article ‘Article’ refers to a comprehensive analysis of issues related to law, development, or politics. The Article submitted is expected to be thorough and should analytically deal with the issues. The word limit for articles is between 5,000 to 8,000 words. Commentaries  ‘Commentary’ refers to academic writing that analyses or is a critique of a recent event, case, piece of legislation, or contemporary issues related to law, development, or politics. The word limit for Commentaries is between 4,000 to 5,000 words.   Book Review ‘Book Review’ should be of a recently published notable publication by any author of repute. A book review should ideally contain not only a content overview but also an appraisal and critical analysis of ideas along with a comparison with similar related journals. The word limit for Book Review is 3,000 words. Submission should include complete details of the books including the edition, publisher details, and the ISBN Number. Submission Guidelines Submissions can be by authors individually or can be co-authored by a maximum of two authors.  The GJLDP accepts submissions of manuscripts for publication throughout the year. But for each biannual issue, only those articles and notes, and comments submitted on or before the last date of submission prescribed below would be considered. Submissions made after the last date will be taken into consideration for subsequent issues. Manuscripts accepted can take up to six months or even more be published in the Journal. Papers with immediate relevance would be considered for early publication. This is a matter of editorial judgment. Send your submissions to: [email protected]    NLUJ Law Review Official Website: http://www.nlujlawreview.in/  Categories Long Articles [6,000 – 8,000 words]: The category includes submissions that are comprehensively analysing a nuanced legal issue. It must contain an analysis of the current legal scenario, help the reader identify the lacunae therein, and provide constructive suggestions. The author(s) are also encouraged to provide their opinions and responses to the previous publications of the Review. Short Articles [3,000 – 6,000 words]: The category includes submissions that undertake an in-depth study of specific legal issues and gives the reader valuable insight into the legal challenge identified by the author. Case notes & Comments [1,500 – 3,000 words]: The category is inclusive of both case notes and comments that discuss any contemporary question of law. A case note must contain an argument that emphasises a legal dialogue or a definite point of law.  General Instructions The submissions made under the categories of Long Articles and Short Articles must enclose an abstract of not more than 200 words. The Review permits co-authorship of not more than two authors in the categories of Long Articles and Short Articles. Under the category of Case Notes & Comments, co-authorship is not permitted. All submissions to the Review should be original and should not be simultaneously considered by any other publication. Any form of plagiarism by the author(s) will lead to disqualification of the manuscript for publication. Submission Guidelines The main content of the manuscript must be formatted as per the following guidelines: font-style: Garamond;              font-size: 12;                   line spacing: 1.5;  headings and sub-headings in the document must be formatted in a uniform style. The footnotes must follow the 20th edition of the Bluebook and must be formatted as per the following guidelines:              font-style: Garamond;             font-size: 10;                   line spacing: 1.0;                                         use of speaking footnotes and end-notes is discouraged. The first page of the manuscript must contain only the title of the paper, followed by the 200-word abstract. The second page must contain a table of contents; the main body of the manuscript should begin immediately thereafter.  Submissions made under the category of Case Notes & Comments are exempted from including an abstract to the manuscript submitted. Submissions must adhere to the prescribed guidelines for the relevant category.   ILI Law Review Official Website: https://ili.ac.in/ilr.html The ILILR Journal accepts submissions throughout the year. All submissions are required to be addressed to the Editor, ILILR, and emailed [email protected].   All submissions should be sent with a covering letter indicating the Name of the Author, Institutional Affiliation, Contact Details, and the Topic of the paper. The Journal allows a maximum of two authors. Co-authored papers should give details about both authors. The Editorial Board will consider the authorship and designation mentioned in the cover letter during submission as final and correct unless otherwise intimated by the author/s. It shall be the Author's responsibility to intimate the Editorial Board regarding any change in designation during the period in which the paper is being processed. No changes will be entertained after publication. Text Format  The length of the manuscript should average as follows (all inclusive of footnotes):   For Article – 6000 to 12000 words  All Others (Case Comment/Book Review/Bill comment/Legislative comment etc.) – 2000 to 6000 words  Manuscripts shall be formatted according to the following guidelines.  It shall include an abstract of not more than 150 words. All citations shall be placed in footnotes.  All pages shall be numbered. The Institute has formulated a set pattern of citation (i.e., ILI Rules of Footnoting), which is followed in ILILR and various other publications of the Institute. The citation style in the articles and notes and comments submitted for publication in JILI shall conform with the ILI Rules of footnoting available at www.ili.ac.in/cstyle.pdf    Indian Journal of Law and Technology Official Website: https://www.ijlt.in/  Categories Articles (5000-12000 words). Essays (3000-5000 words). Case Notes, Legislative Comments, Book/Article Reviews (2000-5000 words). The above limits are exclusive of footnotes. Substantive footnoting is allowed. Submission Guidelines Submissions must be submitted using this form. An abstract (not more than 250 words) must be submitted. Co-authorship (up to a maximum of 3 authors) is permitted. The body of the paper shall be in Times New Roman, font size 12, 1.5 line spacing. Footnotes should be in Times New Roman, size 10 single line spacing. Follow the OSCOLA (4th edition) style of citation. All submissions must be original, unpublished, and not under consideration by any other journal/forum. Send in your submissions in MS/Open Word (*.doc OR *.docx).   Quality legal research is highly rewarding from a professional perspective, especially if the authors possess any interest to pursue an academic route. Strong publications demonstrate a student’s impeccable grasp on the issue at hand, consistency, and overall passion for the subject. It is a well-known fact that recruiters often prefer esteemed publications over any other co-curricular achievement, especially if the job profile mandates long hours of research. That being said, the primary emphasis must remain on the content and academic value of the publications and not on the quantity of work done.   Legalbots wish you all the best!  

  • Sumasri Sumasri
What is Mooting and How to Moot? A Beginners Guide
Jul 19, 2022
What is Mooting and How to Moot? A Beginners Guide

Often Confused with debating, Mooting is a specialized application of the art of persuasive advocacy, even though it shares certain comparable characteristics with debating. It has been used at law schools for centuries as part of the process of preparing students to become litigators, and hence plays a significant role in legal education. This article aims at highlighting how mooting as an activity works and how to get started. Keep Reading!  A moot court is an academic or curricular activity in which students "try" a legal matter in front of an appellate court. This is not to be confused with a mock trial, in which students present evidence to a judge before a particular trial court. In a civil case, to try facts is to determine if a party, such as a company, is accountable for action or if a party, such as the government, has exceeded its authority or broken some civil law.   What is the main difference between a mooting competition and a mock trial exercise? A Moot court competition replicates the setting of an appellate court. On the other hand, mock trials usually allow students to practice lower-court trials. They represent a party, prepare a case for trial, and try the case before judges, who are usually law professors, and even from the judiciary. While a mock trial involves the whole, exhaustive trial procedure from start to finish, moot courts only involve a single oral argument for each side, plus a rebuttal for the petitioner.   Structure A moot court is a mock court that debates the legal issues presented by a hypothetical case in a fictitious courtroom environment. The moot normally has five participants, but there could be as many as seven. Each team includes two or three members, i.e. the team composition for the competition shall consist of either two individuals (designated as Speakers) OR three members (two of them as Speakers and one as a Researcher) (two of them shall be designated as Speakers and one Researcher). In the event of illness or other unforeseen circumstances, the Researcher may be allowed to argue as Speaker, although the agreement of the Moot Court Convener is required. Through mooting, participants analyse a moot problem, research applicable law, prepare written submissions, and make oral arguments in a moot court competition, which simulates a court hearing. Moot problems are usually set in areas of law that are still being worked out or have just been modified or amended. They typically entail each side arguing two grounds of appeal. The judge arrives, the participants and the judge greet each other, the clerk announces the issue, the participants make their appearances and are then called forward in turn to offer their submissions, the judge asks the participants questions, the court adjourns, and the judge returns to deliver a brief ruling and also provides some feedback to the participants. Currently, Indian law schools have an increasingly active mooting culture. Most law schools have their mooting contingent, where new students are added every year through intra-mooting competitions or some other selection parameters.  Some of the leading national and international mooting competitions include:   National Mooting Competitions Surana & Surana National Corporate Law Moot Court Competition  Bar Council of India International Law Moot Court Competition NUJS Herbert Smith National Corporate Law Moot Court Competition KK Luthra Memorial Virtual Moot Court Competition   Leading International Mooting Competitions Price Media Law Moot Court Competition Nelson Mandela World Human Rights Moot Court Competition Philip C. Jessup International Law Moot Court Competition Henry Durant Human Rights Moot The Annual Willem C. Vis International Commercial Arbitration Moot   Preparation before Oral Arguments Examining the Moot Problem The Moot Problem is a problem consisting of 5 to 15 pages that lay forth the case's indisputable facts and explain the lower courts' rulings and reasoning. Two categories of information stated in the problem must be given specific attention by the participant: procedural facts and historical facts. Procedural facts are crucial because they describe the procedure by which the case progressed from lower to higher courts. Judges in Moot Court often like to put participants to the test on their procedural knowledge of the matter they're arguing, so knowing the procedural facts is extremely essential.   Case Law Research Participants must read the cases listed in the moot problem, as well as the cases cited by those cases. The participant will obtain a greater grasp of how the relevant legislation has evolved, the arguments and various public policy reasons that led to the law, and the present condition of the legal issues through reading cases on the subject. Certain legal norms will become obvious to the participant as a result of his or her actions. The cases will serve to flesh out the most essential legal norms, allowing the advocate to have a better understanding of the most crucial aspects and legal concerns.   Memorial Preparation Every moot has two parts: an oral submission and a written submission. A moot memorial is the written submission of a moot. The Memorial is to be submitted before the Moot Court Competition, wherein teams produce written arguments, and during the Competition will present oral pleadings based on the written memorials. It's worth noting that they can move beyond the scope of their memorial. Cover page The Cover Page includes the moot court title and your college name, the title of the competition, the name of the case law, and the team code. In general, petitioners/plaintiffs/appellants are blue, while defendants/respondents are red. Table of Contents It offers a rundown of the Memorial's chapters and paragraphs. Page numbers are also supplied for the judges' convenience. Authorities Index All materials that support your claim must be included here. The supremacy of the Supreme Court and the High Courts, as well as international rulings, rules, parliamentary decisions, papers, course readings, diaries, and websites, are all mentioned. Abbreviations list It includes all of the acronyms, such as AIR (All India Reporter), SC (Supreme Court), V (Versus), and so on. Each abbreviation should convey the complete meaning, and the same abbreviation should be used throughout the Memorial. Sources  Sources include the article, case laws, textbooks, Parliamentary debates, and website also whatever reference given in the moot has to be mentioned in the Memorial. Statement of Jurisdiction A statement of the jurisdiction of the court where the petitioners have filed the lawsuit is known as a Statement of Jurisdiction. It's critical that information is provided and that it's correct for the case's long-term viability. Statement of Facts/Synopsis of Facts A brief summary of facts has to be produced before the Judge in written form. They must be reflective of the facts presented in the case. Statement of Issues All the issues are to be written down in logical order. It should begin with ‘whether’ and end with a question mark.  Summary of Arguments The summary of arguments is based on the statement of issues. This is a short abstract of conflicts subject to the issues raised. The facts, laws, and analysis are presented and structured in a logical manner that supports the argument being presented. This is a summary of the disputes that have arisen as a result of the problems presented. It must shed further insight into the case and advocate the legal approach of the team.   Guidelines on How to Argue Engaging with the bench is crucial. This demands you to use a variety of abilities, including maintaining eye contact with the judge, speaking at a suitable level and tempo, replying to questions directly and properly, and keeping the judge's attention. It is fundamental to remember that, a participant must never interrupt a judge while they are talking. It is completely normal and acceptable to ask the judge to repeat a question, if you are unable to comprehend it or understand it, and also let the judge know that when you truly do not know the answer. Instead, it is better to inform the judge that you are not able to assist them on that question. It is important to be well-versed on the moot topic and able to direct the court to pertinent sections. It is critical to recall what principle a case stands for, as well as whether or not the decision is binding on the court before which the moot is being debated. When making arguments, participants must be ready to extend or limit their submissions depending on how participatory or how interactive the judge is, since this will save precious time on the bench. How well the participant approaches and converses with the bench, how poised he/she remains under the intense pressure of difficult questions, how pleasant and receptive he/she appears to the judges, and how much eye contact he/she makes with the judges are all used as judging criteria in the competition. To avoid losing scores on the basic aspects, participants must be well-versed in this criterion.   Some Do’s And Don't Of Mooting Even body language, gesticulation, hand movements, and diction can add or take value from a moot presentation. It is, therefore, important to keep track of the same. One may address the judges individually as ‘judge or collectively as ‘the Court’. When asked a question, answer ‘yes’ or ‘no’ and then explain your answer. As per protocol, one must open his or her argument through the following statement: “May it please the Court, my name is ________ and I appear on behalf of ______. My submission will address…” As per usual practice, one may conclude his or her argument through the following statement: “Unless the Court has any further questions, that concludes my submission (on behalf of)…” Try to maintain as much eye contact with the judges as possible. Remain respectful to the judges at all times. Crude hand gestures such as pointing fingers at the judge while arguing or addressing them, rude facial expressions showing dissent, impatience, etc. are strictly discouraged.  Refrain from using first-person- such as ‘I’, ‘we’, ‘us’, etc, during arguments. One must refer to oneself formally as Counsel. While exiting the courtroom one must not show one’s back to the judges, as this is considered disrespectful.    Conclusion In Indian Law Schools, mooting is becoming increasingly prominent. This is because it allows students to develop in several ways: Mooting assists students who are studying law by providing practical implications and knowledge that they would not find in books and would be unaware of, as practical and theoretical knowledge is like two sides of the same coin, and to pass hurdles in professional life, one must excel in both. Moot courts help law students enhance their research abilities because it is based on their research that they will be arguing their case and defending their side, as well as constructing a good moot court memorial on which the opposing team will raise objections and interrogate them. Mooting teaches students how to work successfully as a team and examine their strengths and weaknesses, as well as how to improve them to reach optimum efficiency. It also teaches you how to work with people who are different from you and how to collaborate with them. Furthermore, mooting helps a person gain confidence in talking and presenting their point of view to others. It aids in the development of a person’s confidence to the point where they are not afraid to question or speak in front of an audience and can effectively argue cases and put forth their perspective.   In today's increasingly competitive employment market, tangible proof of these qualifications and skills is priceless, which makes the participant a potential employee. Constructivism, experiential learning, and problem-based learning are the three theoretical foundations for mooting as a method of learning. As a result, mooting has a clear place in a law curriculum influenced by such viewpoints.  

  • Sumasri Sumasri
How To Write A Research Article- A Guide On IRAC
Jul 14, 2022
How To Write A Research Article- A Guide On IRAC

As a law student, conducting research is one of the most important activities throughout the entire duration of one’s academic pursuits and even in the legal professional sphere. Good research skills are usually acquired through a constant pursuit of quality searching, reading as well as writing. This is especially important in the legal field because the academic curriculum in this field is extensive and substantial. In addition to this, the co-curricular framework in Indian legal education is fairly dynamic, involving a variety of exercises such as moot court competitions, legal drafting engagements, mock trials, and so on- each of which requires strong inclination and skills in conducting relevant research in a short period.   During law school, conducting research and writing and publishing papers should constitute a significant amount of one’s co-curricular engagements. Needless to say, publishing quality research papers is quite rewarding in several ways: Writing research papers demonstrates one’s command over that particular issue or field of specialisation as such papers require extensive as well as in-depth understanding of that subject. Good research papers contribute significantly to the advancement of the academic field and make the author an authority on the issue because of their insight and logical analysis.  Quality publications are often a parameter for recruiters to judge the acumen of the candidate and to test the depth of their knowledge When your research papers are cited by someone else, it gives a feeling of satisfaction as it is a form of validation of the hard work and effort that went into drafting the paper  This article seeks to highlight the basics of writing research articles/papers with special emphasis on the IRAC method which is widely used for structuring such pieces, etc.   Understanding IRAC The IRAC method, which is now globally considered a standard for legal analysis or reasoning, is believed to have originated in the United States in around the 1960s. (Source: American Bar Association) IRAC stands for Issue, Rule, Application, Conclusion. This rule is often utilised by individuals who are new to the legal field and are yet to develop the acumen where they can effortlessly create and structure a complete and logical argument without any glaring flaws. It is an extremely useful tool for organising any law-related essay-type answer or even an article. The rule primarily helps the individual in dealing with the issue at hand in a comprehensive manner. In the next part of this article, we shall examine each aspect of the IRAC rule in greater detail.   Elaborating On The Issue Stating the issue is the first part of the IRAC method. It is also a crucial part of the analysis and therefore the issue must be laid down crisply and clearly. A reader must be able to learn exactly what the legal controversy is, from a prima facie perusal of the Issue section. The Issue section sets the tone for the rest of the analysis as it creates a bridge between the rule and the facts specific to the legal problem one has identified.  The only way to do this right is through proper identification of the legal problem. This can be done by repeated reading and a wholesome understanding of the given facts. When it comes to drafting, certain terminology is specific to the legal profession and must be used appropriately. For example, in stating a legal issue, one of the common expressions is the “whether, when” structure. However, there are other legitimate expressions as well. Here are some examples: Whether the right to privacy can be termed a constitutional right even though the Constitution of India does not explicitly recognise it? When is Sameer liable for defamation against his friend Ritu even though he did not know his comments would be published anywhere? Whether the State can take away our fundamental freedoms unconditionally during an Emergency?   Stating The Law (Rule) Now that the legal issue in question has been laid down, we have to move on to the next step of the process i.e. stating the law that concerns the given issue. The rule and the facts are inextricably linked. This is an essential step before the next part i.e. application because without first identifying the rules, there will be no foundation for any analysis of the issue. In other words, clearly explaining the law makes it possible for the individual to analyse the issue in terms of what can be a legitimate and acceptable outcome. For stating the rule, one may have to cater to several aspects of the rule or rules in existence which includes the definitions, the elements of the rules themselves, the exceptions to the general rule, limitation or restrictions upon the rule, and lastly, the defences available in case of that law.   Definitions help give the reader a better understanding of the subject matter that the legal issue involves, The elements of the law clearly state what the rule allows or prohibits. Exceptions to the general rule create certain special circumstances in which the existing law would not apply. Limitations upon the rule in question demarcate the jurisdiction of the law beyond which it would not be deemed applicable. Finally, defences outline certain situations which allow the defendant or accused under that rule to escape liability even though they are guilty under the said rule.  Furthermore, when explaining a legal provision, one must start with the general concepts and then move to specific concepts if any for ease of understanding and coherence. The focus should be on making the reader understand the possible consequences of the rule and how it works in the context of the given facts.    Application Of The Rule In The Given Issue This is perhaps the important part of the entire process wherein the legal issue is thoroughly examined in light of all the applicable rules to make certain logical and lawfully valid inferences. The line of reasoning that is taken up by the author in this section should be clearly explained without any degree of ambiguity. A comprehensive analysis always mandates a careful and detailed analysis of all the facts available. Care must be taken to ensure that there is no omission of important information, except for cases where such information is entirely irrelevant. What Not To Write Sameer, a police officer was giving Ravi a sobriety test, he noticed that Ravi fit the description of an eyewitness to the robbery, giving the police officer probable cause to arrest Ravi. How To Write This In this case, Pete the police officer realised that Dan fit the description of the suspect, providing probable cause for the arrest because Dan was extremely tall at 6'4", was wearing a green and tan sweater with purple patches and pointy-toed alligator cowboy boots, fitting the description provided by the eyewitness to the robbery. Conclusion In this last part of the process, one must summarise the issue, rule, and especially analysis briefly and crisply. The conclusion seeks to highlight the outcome or inference of the analysis to provide a logical answer to the legal issue in question.    Example Of IRAC Method Issue: Under generic American state law, Lucy is guilty of leaving the scene of an accident but is likely justified in doing so due to the nature of the injury she sustained. Rule: Under Public Act 9.98 “it is illegal for any involved party to leave the scene of a vehicular accident before the police arrive”; Smith v. Smith held that “an involved party is defined as any person driving or riding in a vehicle involved in an accident”. Furthermore, the Public Act 9.99 states that “an involved party is justified in leaving an accident if seeking immediate & necessary medical treatment”. Another landmark case, Jones v. Jones, lays down that “necessary medical treatment is any treatment that a reasonable person would deem necessary”. Application: Lucy was driving a car down a rural road and got hit by another vehicle that was exiting a driveway. Lucy suffered a sprained wrist that developed severe swelling. A passerby drove Lucy to the nearest hospital before any police arrived on the scene. Because Lucy was driving a car that was involved in an accident, she is an “involved party” under  Smith v. Smith. Because she is an involved party and left the scene of the accident before police arrived, she meets the elements of PA9.98 and is likely guilty unless her actions are justified under PA9.99. Arguably, immediate medical treatment was not necessary for Lucy’s sprained wrist, thus she would not be justified in leaving the scene under PA9.99. Because Lucy’s wrist experienced severe swelling, she has a strong argument that she reasonably believed that her injuries were much worse than a sprain, and thus she was justified in leaving the scene under Jones v. Jones. Therefore, this may come across as a logical and reasonable defence to Lucy’s actions that result in non-liability. Conclusion: Although Lucy meets all elements of PA9.98, leaving the scene of an accident, she will likely be deemed justified in leaving that scene due to the severe appearance of her injuries. If the court does not accept her argument, that she reasonably believed the medical treatment was immediately necessary, she will be found guilty.   Some Do’s And Don’ts Of Writing A Research Article Do’s Ideas and concepts should be explained in a precise way. Writing stories in an elaborated way is not good for a useful paper.  Mention all the research techniques and methods used in the paper and justify each of them with specific reasons.  The findings of the research and the ideas proposed by you could match up with another researcher in the future so always be very accurate while mentioning the results. Don’ts Never write any false or misleading statement as it reduces the effectiveness of the paper.  Refrain from writing unnecessary stuff to lengthen the paper. Always use sufficient data to frame the point.  Do not exceed the recommended word count as it shows that you have trouble following the guidelines and do not know how to manage within the specified limits.  Citing blogs and Wikipedia is a strict no-no as they are unofficial information and undermine your credibility as a researcher. Always use authorized papers or articles for citing.  Plagiarism in your research paper directly or indirectly affects your credibility level. So always proofread the documents multiple times.    The IRAC method is a critical tool used by lawyers and legal scholars for in-depth analysis. It can be used to draft legal documents and to complete law school assignments and assessments. It allows the users to dissect difficult legal cases into more manageable portions and helps them to write or communicate their ideas in an effective, yet concise manner. Since legal issues are complex, so are legal writings. The IRAC methodology provides an organized approach to the writing task, helping to simplify arduous concepts.  LEGALBOTS wishes you all the best!  

  • Sumasri Sumasri
How to Write in Different Citation Styles
Jul 11, 2022
How to Write in Different Citation Styles

A citation is a way of acknowledging the creative and intellectual contributions of others that you used to support your research. It can also be used to identify specific sources and minimize plagiarism. A citation may typically include the author's name, date, location of the publishing company, journal title, or DOI (Digital Object Identifier). A citation style specifies the material that must be included in a citation, as well as how that information is organised, including its punctuation, and another formatting.[1] The citation style you choose will be heavily influenced by the discipline in which you're writing. Your instructor may recommend or demand a particular style for numerous assignments. If you're not sure which one to use, check with your instructor or the publisher whether you're submitting a manuscript to see if they demand a specific style. In certain circumstances, you may not be compelled to employ a particular style as long as you choose one and stick with it. There are numerous methods for citing sources from your research. The citation style used can vary depending on the academic discipline, and some of the styles such as Bluebook, OSCOLA and ILI are explained below.   1. Bluebook[2]   Cases General Rule: [Plaintiff/ Appellant/ Applicant] v. [Defendant/ Respondent], [Citation]. Kesavananda Bharati v. State of Kerala, AIR 1962 SC 933. Index of Authorities (IoA): Addition to the citation: If the pages referred to are 933, 934, and 935, then the addition in IoA would be the last page number referred.  Kesavananda Bharati v. the State of Kerala, AIR 1962 SC 933, 935.   Statutes General Rule: Central Legislation , § , No. , Acts of Parliament, (). State Legislation , § , No. , Acts of State Legislature, (). Banking Regulation Act, 1949, § 3, No. 10, Acts of Parliament, 1949 (India). Maharashtra Labour Welfare Fund Act, 1953, § 5, No. 40, Acts of Maharashtra State Legislature, 1953 (India). IoA: The section referred to will not be mentioned. Banking Regulation Act, 1949, No. 10, Acts of Parliament, 1949 (India). Maharashtra Labour Welfare Fund Act, 1953, No. 40, Acts of Maharashtra State Legislature, 1953 (India).   Constitution General Rule: [INDIAN CONST.] art. , §, cl. , amended by The Constitution.   INDIA CONST. art. 1, § 9, cl. 2. INDIA CONST. art. 269, § 9, cl. 3, amended by The Constitution (Eightieth Amendment) Act, 2000.   Articles General Rule: [Author’s name], [Title of the article], [Journal Volume Number] [NAME OF THE JOURNAL (abbreviated)] [Starting Page of the Article], [Pages Cited] [(Year)]. Emre Öktem, Turkey: Successor or Continuing State of the Ottoman Empire?, 24 LEIDEN J. I NT'L L. 561, 575-576 (2011). David E. Graham, Cyber Threats and the Law of War, 4 J. NAT'L SEC. L. & POL'Y 87, 91 (2010). IoA: Only the Starting Page of the Article will be mentioned and the other pages cited will not be mentioned. Emre Öktem, Turkey: Successor or Continuing State of the Ottoman Empire?, 24 LEIDEN J. I NT'L L. 561 (2011). David E. Graham, Cyber Threats and the Law of War, 4 J. NAT'L SEC. L. & POL'Y 87 (2010).   Books General Rule: [Volume Number, if any] [AUTHOR ’S NAME], [TITLE OF THE BOOK] [Page Number] [(Publisher’s Name Year of Publishing)]. 2 DD BASU, CONSTITUTION OF INDIA 201 (2010). Index of Authorities (IoA): The page number will not be mentioned. 2 DD BASU, CONSTITUTION OF INDIA (2010).   Multiple Editions, Same Publisher: General Rule: [AUTHOR ’S NAME], [TITLE OF THE BOOK] [Page number] [(Edition Year of Publishing)]. FRANCIS A. CAREY, ORGANIC CHEMISTRY 310 (6th ed. 2006).   Online Sources Online-only Sources: [NAME OF WEBSITE], [URL] [(last visited Date)]. BEN & JERRY’S HOMEMADE ICE CREAM, http://www.benjerry.com (last visited Oct. 6, 2008). Dynamic webpages, such as blogs: [Name of the author], [ Name of the article], [NAME OF THE WEBPAGE] [(Date of access, time of access)], [URL]. Asahi Shimbun, A-Bomb Disease Ruling, JAPANESE L. BLOG (Mar. 27, 2009, 9:29 PM), http://japaneselaw.blogspot.com. Online source that preserves original paging, such as a PDF: [Name of the author], [ Name of the article], [Journal Volume Number] [Name of the Journal (abbreviated)] [Starting Page of the Article], [Pages Cited] [(Year)], [URL]. Kenneth W. Simons, Retributivists Need Not and Should Not Endorse the Subjectivist Account of Punishment, 109 COLUM. L. R EV.1, 3 (2009), http://www.columbialawreview.org/Sidebar/volume/109/1_Simons.pdf. Direct Citations to Internet Sources: [Name of the author], [ Name of the article], [NAME OF THE WEBPAGE] [(Date of publication, time of publication)], [URL]. Eric Posner, More on Section 7 of the Torture Convention, VOLOKH CONSPIRACY (Jan. 29, 2009, 10:04 AM), http://www.volokh.com/posts/1233241458.shtml.   2. The Oxford University Standard for Citation of Legal Authorities-OSCOLA[3]   Cases General Rule: Case Name – Neutral Citation (which includes Volume and the first page of relevant Law Report).  Guru Nanak Foundation v. Rattan Singh and Sons, AIR 1981 SC 2075. Note: If the name of the case is given in the body, only the Neutral Citation is to be mentioned in the Footnotes.   Statutes General Rule: [Short Title of the Act] [Year] Banking Regulation Act 1949   Books General Rule: Author of the Book, Title of the Book (Edition, Publisher Date) Nadine El-Enany, Bordering Britain: Law, Race and Empire (1st ed, Manchester University Press 2020)   Journal Articles General Rule: Author, “Title of the Article.” Journal Title Volume(Issue) (Date): Page Numbers Peter Fitzpatrick. “Racism and the Innocence of Law.” Journal of Law and Society 14(1) (1987): 119-32.   Websites General Rule: Author, ‘Article Title’ (Date) Website Title accessed date James Boyle, ‘A Manifesto on WIPO and the Future of Intellectual Property 2004 DukeL & Tech Rev 0009 accessed 18 November 2009   3. Indian Law Institute-ILI[4]   Cases All India Reporter (AIR) General Rule: Case Name, AIR Citation  Kesavnanda Bharati v. the State of Kerala, AIR 1962 SC 933. (In this example, the year 1962 is the year of the case, SC is the abbreviation of the law reporter and 933 is the page number on which the case exists in the SC 1962 Booklet.)  Note: If the name of the case is given in the body, only the Citation is to be mentioned in the Footnotes. Supreme Court Cases (SCC) General Rule: Case Name, SCC Citation Jassa Singh v. the State of Haryana (2002) 2 SCC 481 (In this example, the year 2002 is the year of the case, ‘2’ is the volume number, SCC is the abbreviation of the law reporter and 481 is the page number on which the case exists in the 2nd volume of SCC 2002 Booklet.)     Statute General Rule: Short Title of the Act, Year (Act of ) The Information Technology Act, 2000 (Act 21 of 2000)   Books By a Single Author: Author Name, Title Pg. No. (if referring to a specific page or pages) (Publisher, Place of publication, edition/year of publication). E.g. M.P. Jain, Indian Constitutional Law 98 (Kamal Law House, Calcutta, 5th edn., 1998). By Two Authors: Author Name, Title p.no. (if referring to a specific page or pages) (Publisher, Place of publication, edition/year of publication). E.g. M.P.Jain and S.N. Jain, Principles of Administrative Law 38 (Wadhawa, Nagpur, 2001) By Multiple Authors (More than Two): Name of the first two authors, et.al., Title of the book p.no. (if referring to a specific page or pages) (Publisher, Place of publication, edition/year of publication). E.g. Jerry L. Mashaw, Richard A. Merrill, et.al., The American Public Law System – Cases and Materials 50 (West Group, St. Paul, MN, 1992).   Journal / Newspapers  General Rule for a paper published in a journal/periodical: Author name, title within inverted commas, volume number of journal, Name of the journal in abbreviation & page number (year). K. Madhusudhana Rao, “Authority to Recommend President’s Rule under Article 356 of the Constitution” 46 JILI 125 (2004). General Rule for a paper published by a case reporter: Author Name, title within inverted commas, volume number of reporter, Name of the reporter in abbreviation & page number (year). P.K. Thakur, “Permissibility of Probation in Offences Punishable with Minimum Imprisonment” 2 SCJ 26-38 (2002). General Rule for a write-up published in a newspaper/periodical:  Writer’s name, the title of the write-up within inverted commas, Newspaper’s name, date. Robert I. Freidman, “India’s Shame: Sexual Slavery and Political Corruption Are Leading to an AIDS Catastrophe” The Nation, Apr. 8, 1996. General Rule for an editorial from a newspaper: Editorial, Title of the Editorial within inverted commas Name of the newspaper, date. Editorial, “Short-circuited” The Times of India, Aug. 2, 2004.   Websites If the websites give information about when it was last modified, it must be cited, if not, cite the date of visiting the website. Information Technology Act 2000, India, available at: http://www.mit.gov.in/it-bill.asp (Last Modified July 29, 2003). Information Technology Act 2000, India, available at: http://www.mit.gov.in/it- bill.asp (Visited on July 29, 2003).   4. American Psychological Institute - APA Cases General Rule: Case Name, Volume Number, Court. Pg No <(Year)>. Kesavananda Bharati & Ors. v. State of Kerala & Anr., 4 S.C. 225 (1973).   Statutes General Rule: Act name, § Section Number (Year). Information Technology Act, § 65 (2000).    Books General Rule: Author name, Initials. Year, Title, <(ed. Number)>. Place of Publication, Publisher name.  Alibi, M.W. Learning new problem-solving strategies leads to changes in problem representation, (ed. 4). New York, Science Direct.    Articles General Rule: Author, (Year). Title of article. Title of Periodical, Volume Number (Issue Number), Page Number. DOI Alibi, M.W. Learning new problem-solving strategies leads to changes in problem representation, Cognitive Development, 24(2), 89. https://doi.org/10.1016/j.cogdev.2008.12.005     [1]Citing Sources, University Libraries by the University of Washington. https://guides.lib.uw.edu/c.php?g=341448&p=2802215. [2]Harvard Bluebook [20th Edition], https://www.scconline.com/blog/wp-content/uploads/2020/07/20th-Harvard-bluebook.pdf. [3]OSCOLA [4th Edition], Faculty of Law, University of Oxford. https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012.pdf [4]ILI Citation Style. https://www.ili.ac.in/cstyle.pdf      

  • Sumasri Sumasri
Interview with Shubham Borkar- Building a Career in IP Law
Jul 04, 2022
Interview with Shubham Borkar- Building a Career in IP Law

Intellectual Property is not a concept of recent origin. In many countries it was conceptualised in the 1800s, however, it is only in the late 20th century that intellectual property became commonplace in the legal system across the globe. Intellectual Property (IP) is a product of human intellect, that is a creation of the mind - inventions, literary, artistic work, symbols, names, images, etc. One does not get IP rights to an idea, process thought, or story, simply by it being in one’s mind.  In our effort to share more about a career in Intellectual Property Law with you, we interviewed Shubham Borkar, an IPR Practitioner and Consultant at R.K. Dewan & Co. Shubham is currently also pursuing his doctorate from Oriental University, Madhya Pradesh.   Please tell us a bit about yourself. What inspired you to pursue law? My name is Shubham Borkar. I am an Advocate, a Start-up Coach, a Tax / IPR Practitioner and Consultant, a Business Developer, a Legal Author, and also a student of CS (Professional level). I graduated from National Law Institute University (Bhopal) and completed my Post Graduation (LLM) in Business Law and IPR and I am currently pursuing Juris Doctorate JD/Ph.D. in Trademarks Law and Artificial Intelligence. I am presently associated with R.K Dewan & Co. as an Associate in IP Litigation, Prosecution. I have previously worked for Khurana & Khurana Advocates and IP Attorneys, Lakshmikumaran and Sridharan Attorneys. In my school days, I never thought I would become a lawyer. I didn’t possess the requisite skills to become a lawyer. I was more interested in Science than Arts. Like every other child in our neighbourhood, I also dreamt of becoming an Engineer following in my father’s footsteps. To achieve that I sincerely prepared for IIT (JEE entrance). I lacked oratory skills and would shiver if my teachers asked me to recite anything during the morning assemblies. However, while preparing for IIT, my coaching professor, Late. Mr Maheshwari used to have discussions with us after classes on various topics of life. After one such discussion, he told me that I could excel if I pursued law or if I appeared for the UPSC. He said, “You will become a good engineer, Shubham, but I feel you will be a better lawyer or administrative officer”. After hearing him, I gave it sincere thought and started preparing for CLAT after my IIT classes. Over time, I realised that I was able to relate more naturally to legal subjects and enjoyed studying them. I appeared for both Engineering and CLAT examinations, and with God’s grace cleared both exams. But before even the results arrived, I was sure that I would not be enjoying engineering subjects and could not consider seeing myself as one. Thankfully, with my parent’s support, I joined NLIU, Bhopal, and pursued Law.   How did you begin your career after completing your law degree? At what point did you decide to pursue a career in Intellectual Property Rights (IPR)? What sparked your interest in the field?  From the beginning, I wanted to become a lawyer specialising in a particular subject. However, for a Science student, Arts subjects sounded like Latin to me. It was the second year of graduation when my interest was piqued in different specialisations of Law and I became aware of IPR. Since IPR had a harmonious blend of science and law, iI was more drawn to IPR. Thereafter, I applied for an internship with an IP firm. Initially, they were reluctant: being a 2nd-year student and having no knowledge of IPR, I wasn’t a good resource for them, but subsequently, they agreed after my interview. I gave my 100 per cent to learning during that one-month internship. Since then, I was sure of pursuing a career in IPR. After this internship, I went on to intern with all major IPR firms in India.   Currently, you’re working as an IP lawyer and consultant at R.K. Dewan & Co. engaged in both prosecution and litigation work, what does a regular day look like for an IP lawyer? On a regular day, I have a few oppositions, counter statements/PR Responses/ agreements, and similar draftings. There are also enquiries both in-person and telephonically and as a consultant I address their queries, explaining the procedure of applying/registering for various IPs’, its related costs, and other details. Since I work for one of the biggest IPR firms in India, we have dedicated professionals for every task and as a senior, I also allocate tasks to the concerned person depending on the nature of the work. I also appear before the District Courts for hearings, as and when required. Apart from these, I also review all publications of R.K. Dewan. Our firm publishes many articles/newsletters/columns/ chronicles, and all of them are reviewed by our team.   In 2021, there was a remarkable increase in the number of Patents, Trademarks, Copyrights, Designs, and Geographical Indications published and filed. What are your views on these developments in the country? In one word, promising! India has been continually working on reforming the IP sector. Government and other institutional bodies, whether public or private, are engaging themselves in conducting various awareness campaigns, seminars, and conventions to impart knowledge concerning IP. In the current scenario, even the Common Man is also equally informed about the sector because of the current Government’s policies like Aatmanirbhar Bharat, and Start-up India. All of these initiatives have resulted in this paradigm shift.  Parallelly, the Government has also increased the workforce in IP offices which has expedited the prosecution process.  Internationally speaking, India is performing better in comparison to many developed nations. We are not behind, we just started late in this race.   What are your views on India not having separate legislation for Trade Secrets at a time when everything is going on virtual mode due to the pandemic? In this era of globalization, where companies offshore to various countries for expansion as well as cheaper labour, it is becoming increasingly difficult to protect business strategies and trade secrets. Businesses view technology as secrets rather than patentable information and considering the shift to virtual mode due to the Pandemic, the operations of all the body corporates are dealt with virtually, making it easier to hack the systems thereby enabling the leaking of trade secrets. In India, the only protection that trade secrets have received is through precedents and laws of equity. This absence has always been felt and accordingly, I believe that it is high time that India has its trade secret law.   Indian giant IT companies, such as Infosys, Tech Mahindra, and TCS have started creating metaverse experiences across their verticals. What are your views on Artificial Intelligence owning IP rights? Witnessing the advent of technology and its advancements, we at RKD have already engaged ourselves in filing several trademark applications in the metaverse domain. Metaverse has become the new go-to domain. Every brand out there is looking for ways to explore opportunities that Metaverse offers. IP laws were originally human-centric. However, due to technological advancements, AI is grabbing the limelight. Hence, human-centric concepts like consumer confusion and imperfect recollection, would not work very well with AI technology, due to which there is a necessity to revamp trademark laws to accommodate AI-enabled devices.     How would you suggest our young students and professionals go about a career in IP law? What avenues are open in this field? IPR being a niche field in law, interest in and willingness to join the field is a prerequisite. This field requires the student/professionals to be updated with current laws and technology and to have in-depth knowledge of the subject. I believe that only after interning in this field, young students who are genuinely interested in the subject and its core should pursue IPR as their subject. The current market scenario has tons of opportunities lined up for them, however, this sector is volatile, i.e., initially, it may seem slightly stagnant, and later as one grows, the opportunities are abundant. A career in the field of IPR laws requires endurance and persistence. Avenues like working as a Consultant in a Law firm, working as an in-house consultant for corporations, being appointed as a Professor in a law institution or acting as an independent IPR law practitioner in your firm, are open to young professionals who wish to pursue a career in this sector.   

  • Gaurav Gaurav
  • 1 (current)
  • 2
  • 3
×
  • Home
  • About
  • Jobs
  • Events
  • Courses
  • Exams
  • Blog
  • Recruiter
  • Pricing

  Applicant

  • Login
  • Register
  • Forgot Password

* By proceeding you agree to our Privacy Policy and Terms of Use
*
*
*
*
Password should contain one upper case,one lower case,one number and one special character with 8-30 characters.

* By proceeding you agree to our Privacy Policy and Terms of Use

  Advertiser

  • Login
  • Register
  • Forgot your password

* By proceeding you agree to our Privacy Policy and Terms of Use
*
*
*
*
Password should contain one upper case,one lower case,one number and one special character with 8-30 characters.

* By proceeding you agree to our Privacy Policy and Terms of Use
  • about
  • privacy
  • terms of use
  • careers
  • contact us
  • sitemap

© 2021 Botmatrix Services Private Limited. All Rights Reserved.