In conversation with Ajay D’Cruz, Vice President—Legal & Secretarial | ISS Facility Services India Private Limited

Mr Ajay D’Cruz possesses a blend of expertise in next-gen infotech and AI readiness coupled with traditional areas of law, finance, governance and compliance. He is currently Vice President - Legal & Secretarial in ISS Facility Services India Private Limited since 2017. 

Mr D’Cruz, how has this journey been so far, and where did it all begin?

Firstly, thank you Ashima for this opportunity of speaking with you. Post completing my schooling, my ambition was clear to pursue a career as a lawyer. I completed my Masters in Law, Masters in Commerce, Fellow member of ICSI and I am often asked if I still plan to study further to which my answer is affirmative. Learning is a continuous process and at no point learning ends. Prior to joining ISS India, I have worked with Jones Lang LaSalle Property Consultants India Private Limited (JLL India) and GKB Carl- Zeiss India Private Limited in prominent legal and secretarial positions in the field of legal, compliance, regulatory and secretarial functions encompassing Corporate laws, IT laws, Litigation, Contract Management, Board, Shareholders, Governance matters, JVs in various jurisdictions in India, Singapore, Sri-Lanka, Bangladesh, South Africa, North Africa and Middle East. I have been a recipient of the prestigious Magna Carta award for Legal Excellence during my tenure in JLL India and have also received numerous other laurels, including ‘Top 100 Influential General Counsels in India - General Counsel Powerlist- India 2018 & 2019’ by Legal 500 UK and the Rising Star- India 2019 by Asian Legal Business (Thomson Reuters). 

You hold a dual qualification in Law and Commerce and are a Fellow member of Institute of Company Secretaries of India (ICSI). How did you decide to pursue the CS & Law combination? Who was your guiding North Star in this journey? 

I believe that Law, Commerce and Governance go hand-in-hand, in order to be an effective lawyer it is important to have commercial and financial acumen. In addition, I believe in continuous up-skilling and thoroughly enjoyed completing the CS50, which is Harvard University’s quintessential computer science course.

My journey was inspired by my mother who is a practising lawyer for more than 35 years. As a little child I have always been inspired to be one day a lawyer following her footsteps. She has definitely been the North Star in my journey as a lawyer. Some of her early life’s lessons of integrity, ethics and honesty are engraved in my personality and as an in-house counsel I find it particularly important in my pursuit of excellence.

Please tell us something about your family. Also, how are you managing your home and work commitments in the ‘COVID-19 WFH’ period of time? My question stems from the inherent social pressure on women to manage it all, which is not always the case with men. Have times changed? Your comments, please.

My wife being a professional as well, we believe it is important to balance our work and home commitments. As a modern-day family, it is important to support and understand each other without any regard to stereotypical gender roles. 

Ashima you make a good observation on the challenges of the pandemic. In COVID-19 times, we see a lot of instances of people losing lives, livelihood or sanity. Life in the current scenario is not easy for any individual and look forward to normalcy being restored. 

Would you please allow us a peek into your role at ISS India? You head legal operations at the organisation—what does this entail? 

ISS India employs close to 55,000 employees in India, which enables us, the legal team to enjoy a diverse spectrum of legal matters in the course of providing them with the necessary legal support. We have a 10-member team of young capable lawyers who partner with the business. We strive to achieve excellence in the work we do. 

Does your schedule allow you to make time for your hobbies and other passions in life?

I enjoy playing football every Saturday and Sunday with a group of friends at a nearby turf. Sometimes I love to tinker with various IoT home projects.

Mr D’Cruz, you’re known for being a tech-savvy lawyer with a keen eye for innovation. Would you please tell us how your team and organisation are responding to the Covid-19 crisis?

We are adapting to the new normal like the rest of the world; as more meetings are getting virtual, so are contracts, litigation, arbitrations, and compliances. Virtual is the new normal and we need to adapt to this change.

How have you leveraged innovation to navigate uncertainty or tailored your tech-strategy to meet the operational requirements of your in-house legal team?

Digital transformations need to be formulated as per bespoke requirements and are influenced by factors such as:

• Technology capability and skill-set within current legal departments.
• In-house lawyers are already over-loaded with their on-going duties and responsibilities so their focus on digital transformation will be limited.
• Technology tool fitment match with existing organizational systems and software.

Accordingly, rather than doing a sea change, a gradual change and upgradation is a more sustainable tech-strategy used for operational requirements.

How do you think Automation, Artificial Intelligence, and Analytics will shape the corporate legal departments of the future?  

With the virtual platforms taking centre stage, the focus will grow in the areas of automation, AI and analytics, which will reshape service delivery of corporate legal departments of the future. There will be a shift from traditionally run legal departments to them becoming technology-driven. The outcome of the digital transformation will be phenomenal: process efficiency, better performance, cost-saving, better quality output and a higher level of service delivery. It is important for lawyers to upgrade IT skills as avoiding to do so could result in time and cost spillovers in software deployment initiatives, as often end users without experience in launching such projects keep shifting the goalposts to the chagrin of software developers.

Has the advent of LegalTech made job prospects leaner for fresh law graduates? Does AI have the potential to completely take over routine contract reviewing work, leaving young lawyers in the lurch?

Over the next three to five years, we will witness a wave of change in the way our in-house legal departments will function, this will primarily be because of technology and digital disruptions. The question is no longer ‘whether to digitally transform’ but more ‘how to digital transform’ our organizations. Technology is providing the competitive advantage, taking advantage of this potential means digitizing before your competitor. In the past, legal departments have been slow-paced with regards to adopting new technology tools but today we can see an increase in focus for digital transformation programs.

In my opinion, any change leads to opening up of new windows of opportunities to those willing to adapt. 

In this day and age, other than good legal acumen, what are the other important skills you’re looking for in lawyers joining your team? 

Apart from legal acumen, I look for lawyers having financial acumen and willingness to learn. Learning is a process which should never stop. 

Negotiate. Mediate. Litigate. What’s your take on the dispute resolution mechanism in India? 

My first approach is to mediate and find a mutual acceptable resolution. The recent amendments in the arbitration laws are a step in the right direction.

Mr D’Cruz, is there anything you’d like to share with our readers, any golden piece of advice from the treasure trove of your experiences in the industry, success mantra or tips for lawyers wanting to move to an in-house role?

Follow the DRY ( Don’t Repeat Yourself) principle and avoid the WET (We Enjoy Typing / Waste Everyone’s Time) principle which are implemented by software developers and I find these most relevant in our day-to-day lives as legal professionals.

If I were a lawyer with some diverse experience wanting to make the shift to an in-house role, what should be my first step? Would connecting with an organisation’s HR or GC on LinkedIn be a good idea? Please advise.

I would say, a combination of approaches would help to make the shift to an in-house role. 

Thank you so much for doing this interview with us, Mr D’Cruz. As a final note, would you please recommend to our readers your favourite book or movie/series that left a lasting impression on you.

It’s my pleasure to have spoken to you. The Walk (2015)—a biographical drama film is an inspirational movie which is a must watch. My all-time favourite book is The Prayer of the Frog by Anthony de Mello. I enjoy reading books by John Grisham and Robin Cook.