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Having a background in commerce, looking back, what inspired you to transition into law as a profession?
Reflecting on my transition from commerce to law, it was driven by a deep-seated interest in understanding the systems that govern society and the desire to make a meaningful impact. My commerce background provided me with a strong foundation in analytical thinking, understanding corporate finance, problem-solving and understanding economic frameworks, which seamlessly complemented the logical and structured nature of law.
My passion for detailed research evolved into a strong interest in the field of law, where I found a perfect outlet for my drive to explore and solve complex issues. The turning point in my academic career was realizing that law not only offered a dynamic and intellectually challenging career but also a platform to advocate for justice, resolve conflicts and contribute to societal progress. The ability to bridge commerce with law, especially in areas like corporate frauds and insurance law, further motivated me to take this path, blending my prior knowledge with the intricacies of legal practice.
How did your role evolve over time at each of the organizations you worked with, particularly from Legalogic Consulting LLP to Nikhil Kulkarni and Associates? What were some of the key challenges you faced when setting up your own practice?
Being a first-generation lawyer, my ultimate goal was always to start my own practice. The journey from being a fresh law graduate to establishing my own law firm has been one of growth, learning and resilience. At each stage, my role evolved as I gained more responsibility, honed my skills and expanded my understanding of the legal field. All my previous experiences have helped me develop important skills such as client communication, legal strategy formation, preparing arguments for a case, problem solving skills, to name a few. Establishing my own practice marked a significant shift. I transitioned from focusing solely on legal work to also managing the operational, administrative, and business aspects of a law firm.
Establishing one’s own legal practice requires a lot of patience, perseverance and hard work. Building a client base initially was challenging in the initial years, however maintaining a strong work ethic and providing consistent results to earn referrals helped us build a good client base. Building a competent team is also crucial so that all the diverse areas of practice are effectively managed. Juggling the responsibilities of a lawyer, leader and entrepreneur was also a challenge. But prioritizing tasks and delegating effectively helps in overall management of the firm. Each step of this journey has been a learning experience, and the challenges faced have shaped my practice into what it is today. Fortunately, all my clients have had faith in my legal acumen and my team at Nikhil Kulkarni & Associates have given favourable results to most of my clients.
How have you navigated the cases in the insurance sector particularly in your role as an empanelled advocate for United India Insurance Company? What was the most interesting case you had to deal with and what were your preparation strategies?
To deal with cases in insurance sector requires a lot of preparation, particularly the motor accident cases since in most of these cases, the insurance companies are ordered by courts to pay compensation to the victims. Hence, preparing a good defence to mitigate the liability of insurance company is paramount. I will share one of the interesting cases relating to motor accident, which acquired a lot of media attention also. In that case, the relatives of the motor accident victim submitted a fake insurance policy belonging to our client United India insurance to claim compensation from the said insurance company. We had to convince the hon’ble court that in such a case, it is the victim who has not approached the court with clean hands by submitting a fake insurance policy before the court. Our team thoroughly prepared the questions for cross examination and extensively researched on various judicial precedents to support our case. After a series of arguments, counter-arguments and recording of evidence, the court came to a conclusion that our client insurance company is not liable to pay compensation. This verdict is significant since in most of the MACT cases, the courts order insurance companies to pay compensation whereas in this case, we zeroed down the liability of insurance company.
You’ve handled a wide range of criminal proceedings, including FIR quashing, bail, and anticipatory bail in both Sessions Court and the High Court. Can you share the most difficult case you’ve worked on and how you approached it?
One of the most challenging cases I handled involved securing anticipatory bail for a client accused in a highly publicized fraud case. The stakes were high, as the accusations not only threatened my client’s liberty but also had severe professional and personal repercussions. The case involved allegations under the MPID Act, where obtaining anticipatory bail is difficult due to the nature of the offences, which are considered crimes against society at large. Courts typically adopt a stringent stance in cases under special statutes like the MPID Act and MCOCA, given their gravity and impact. Despite these challenges, through a strategic and persistent legal battle, we successfully secured anticipatory bail for our clients, safeguarding their rights and ensuring they could cooperate with the legal process without fear of immediate custody.
We have encountered cases involving cross FIRs, where both parties file complaints against each other, often presenting contradictory versions of the same incident. One particularly challenging case involved a client accused in a molestation case. Securing the quashing of the FIR and related proceedings was especially difficult, given the stringent restrictions imposed by the Hon’ble High Courts and the Hon’ble Supreme Court on the accused’s right to seek such relief. Despite these challenges, through meticulous preparation and strategic advocacy, we succeeded in having the FIR and proceedings against our client quashed. This outcome not only reinforced our confidence in handling complex cross-FIR scenarios but also deepened our understanding of the nuanced approach required in such cases.
Corporate fraud cases often involve intricate details. Can you share an example where your legal expertise helped uncover or resolve a complex corporate fraud case?
One of the most challenging corporate fraud cases I handled involved a Private Limited company accused of financial irregularities and siphoning funds through shell entities. The allegations not only threatened investor confidence but also had serious implications for regulatory compliance and the company’s reputation. The case required navigating a complex web of legal frameworks, including the Companies Act, SEBI regulations, the Partnership Act, and provisions under the Indian Penal Code. The involvement of substantial public funds attracted intense scrutiny from regulatory authorities and the media, adding to the pressure.
Handling such a case demanded a deep understanding of both civil and criminal laws, as the issues often overlapped in unexpected ways. I worked closely with auditors to meticulously analyse financial records, identify discrepancies, and trace the diversion of funds to various entities. My background in Commerce proved invaluable in understanding the transactions and their accounting implications, enabling me to navigate the complexities of the case with greater precision. Defending a company in such circumstances required strategic legal manoeuvring, proactive compliance measures and consistent engagement with stakeholders. We had to clearly defined our client’s scope of work and their specific roles in the alleged offence, which is a crucial aspect when dealing with frauds committed through companies or other entities.
Your experience spans across multiple domains—civil, criminal, insurance, and corporate law. How do you manage and prioritize cases across these diverse legal areas?
I believe in the philosophy “Jack of all trades, master of none, but oftentimes better than a master of one.”
In litigation, we often handle cases where multiple legal domains intersect. Clients may have access to various legal remedies including both of civil and criminal nature. Additionally, corporate law often involves litigation where companies must file or defend both civil and/or criminal cases. Therefore, to provide comprehensive legal solutions, it is essential to be well-versed in multiple areas of law. Corporate clients increasingly demand such all-encompassing legal services. Our firm has carved out a niche in this sector by combining a core corporate law practice with expertise in the litigation aspects of corporate law. We have a dedicated team of lawyers who specialize in diverse domains. My wife, a highly skilled lawyer, leads a team that handles much of our corporate work, including contract negotiation, drafting, contract management, general corporate advisory and handling employer-employee disputes.
With such a diverse and demanding portfolio, how do you maintain a balance between your professional and personal life, especially considering your interests in football, music, and stock market analysis?
I have always drawn inspiration from the famous lines of poet William Henry Davies: “What is this life if, full of care, we have no time to stand and stare.” A healthy work-life balance helps in personal well-being as well as professional performance. Everyone gets the same number of hours in a day; it’s how you manage and utilize your time effectively that determines your success. Hobbies are incredibly useful when we need a rejuvenation from our daily routine. Football serves not just as a passion but also a way to stay physically and mentally fit. Football helps me lead a disciplined routine and enhance team work skills beneficial to legal practice. I have a keen interest in music and stock market analysis. Listening to music is an excellent stress buster. I also follow the stock market regularly.
I started with stock market analysis and gradually shifted my focus towards investments, realizing that analysis alone—without practical application—won’t lead to desired results. Similarly, law is about translating theoretical knowledge into real-world solutions.
How do you think the advancement of technology, particularly through AI and other innovations, is transforming the way lawyers and the judiciary operate, improving efficiency, accessibility, and decision-making processes?
Technology has been significantly transforming the legal landscape in India, offering numerous benefits for both lawyers and the judiciary. The introduction of e-filing systems allows lawyers to submit petitions, affidavits and other documents online, reducing delays and the burden of physical paperwork. It makes accessing court services more convenient, especially for clients in remote areas. With the rise of video conferencing tools, courts have increasingly held virtual hearings, making justice more accessible and reducing the need for physical presence. This is especially beneficial in a country as vast as India where transportation and geographical barriers can delay proceedings. However, the District Courts face certain infrastructure issues which makes it difficult to adopt technology as Hon’ble High Courts and the Hon’ble Supreme Court. Technology is playing a pivotal role in transforming the legal field in India by enhancing efficiency, accessibility and transparency. It helps lawyers manage their workload, conduct thorough research and serve clients more effectively. For the judiciary, technology accelerates case management, improves accessibility and helps in reducing delays, ultimately contributing to a more efficient justice delivery system. The adoption of these tools continues to improve legal processes, making them faster, more accurate and widely accessible to all. Technology in law has also opened various avenues and accelerated the growth of Apps and websites like LawSikho and Superlawyers which give advocates a platform to showcase their skills and experiences.
What advice would you offer to young individuals aspiring to follow a similar career path as yours?
Always consider yourself of the student of the law. The attitude of knowing everything, will only make you complacent. To grow your practise, you need to constantly evolve with changing times. As a first-generation lawyer aspiring to build a career in litigation and having your own law firm, you may face unique challenges but you also have the potential to shape your path with determination and strategy. Building a strong foundation in terms of understanding the basic procedural laws such as Civil Procedure Code and Criminal Procedure Code (BNSS) is crucial for advocates. You must stay up to date with recent judgments and understand the changes in the laws. Plan your internships in advance and spend time in understanding the court procedures, drafting skills and client interactions. Networking is equally important in our field. Stay connected with your faculties, colleagues, batchmates and seniors. Technology in law is constantly growing, and this will create more opportunities for young lawyers, who are tech-savvy and adaptable to the changing times. It can open doors to opportunities and mentorship. Success in litigation is a marathon, not a sprint. Stay dedicated, seek knowledge at every opportunity, and be patient. The respect and recognition you earn will make the effort worthwhile.
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