In Conversation With Ashish Kumar, Partner, Jurisperitus Law Offices| BW Legal World 40 Under 40

Many Congratulations on winning the BW Legal World 40 under 40. How has been your initial reaction after joining the elite club of BW Legal World 40 Under 40 Lawyers and Legal Influencers? How was your experience interacting with the Jury and of the event?  

 AK:Thank you.  The BW Legal World 40 under 40 is globally recognized and hence this recognition has been an important feather in the cap. My reaction was one of being grateful to the Jury, my mentors and peers without whom this would not have been possible.  

My experience interacting with the Jury was great.  The questions asked were serious but the atmosphere was not tense.  The  jury which comprised of eminent legal luminaries who I have idolized and worked with/wished to work with, gave a chance to have an open discussion  about the person  in front of them  on issues concerning  topics apart from a legal brief.  Dr. Anurag Batra added life to the award ceremony event with his quick one line jokes which made up for the jovial atmosphere.  

Please walk us through your journey in this field of law? When did you first realize that law was your life’s calling? 

AK:I do not know exactly how (some say it could be because my father is also a lawyer), but from a very young age, I wanted to be one of the two: a lawyer or a NASCAR racer. When I was graduating to class 12th, my father sent me abroad during the summer vacations to allow me to explore other career options as well. Apart from learning about other career options, law being one of them I visited a few law colleges in US and UK and was mesmerized by them. A memory that stuck with me was the very large and grand libraries one of them being the law library of the New York University, School of Law. Having grown up surrounded by books, the thought of someday having my own library full of knowledge really appealed to me. I was also very interested in understanding how companies were run, human rights viz a vis restrictions imposed on personal liberty and politics and law. Hence, it became clear that law was a natural calling and this is where I was meant to be. 

After finishing school, when it was time to apply to law colleges, the question to consider was where to apply. Naturally, the National Law School’s seemed to be the logical choice but for me the consideration was based on where I would eventually want to be located for my practicing my profession. Whether I would ultimately do litigation or become a corporate lawyer was not clear, but I knew that Delhi was where I would ideally like to practice. Another factor was that Supreme Court as well as the National Tribunals/Commissions were located in Delhi apart from some of the best lawyers and law firms. Hence, my concentration was to get into a law school in Delhi. Delhi University did not offer a 5 year law course and doing a three year graduation then a three year law course making it a total of six years did not appeal either. Finally, I joined Amity Law School which then was under the Guru Gobind Singh Indraprastha University. During law school, I had the opportunity to work with an American law firm, Shearman & Sterling in their New York Office as a summer associate, which gave me the flavor for corporate law firms. After graduation from Amity, I went to New York University, School of Law for my LL.M and also worked in New York for a brief period to get some hands on experience in litigation there. Upon my return, I joined Jurisperitus Law Offices as an Associate, where I rose steadily in the ranks and ultimately became Partner. The 15 year time span of being a lawyer has been an adventurous journey; a journey of continuous learning through ups and downs, successes and losses. I have been fortunate enough to have mentors who believed, showed their trust and faith in me and guided me along my path. There is no better way to realize one’s potential than to have someone who believes in you and supports you. As a lawyer, I have had the chance to brief and also argue against some of the best lawyers, represented private clients/ Governments, Public Departments/Bodies in various judicial and quasi judicial fora, on interesting matters in various areas of law and diverse practice areas such as Energy, Oil & Gas; Infrastructure; Real Estate; Aviation etc. During this time I have donned many hats including that of probably being the youngest Additional Advocate General in Supreme Court, in which position I represented and defended the interests of the State of Rajasthan.  

 Who according to you has been your guide and mentor in this illustrious journey as a lawyer? 

AK:It would be incorrect for me to say that there was either one or two. I have taken inspiration from many people throughout my journey of becoming a lawyer and of being a lawyer and this is a continuous process. My father, my Firm’s Managing Partner, lawyers under whom I interned, senior counsels who I have had the opportunity to brief all have in one way or  another directly or indirectly been a mentor and a guide. Some notable mentions among others, which I would specially like to make are that of Late Mr. Rajiv Luthra, Managing Partner Luthra & Luthra and Late Mr. Vijay Sondhi, Senior Partner Luthra & Luthra. God bless their souls.  

Mr. Rajiv Luthra was not just a lawyer who built Luthra & Luthra and made it a Firm to recon with. He was an institution in himself. We all looked upto him and wanted to become like him. Interning or working at Luthra & Luthra was an important part of anyone’s bucket list who wanted to become a lawyer. Mr. Vijay Sondhi (fondly called as Vijay bhaiya), with whom I had the opportunity to intern at Luthra & Luthra, was a charismatic person who very soon changed roles from sir to that of an elder brother, not just for me but the many who were fortunate to have known him. A person who was always ready to help with a smile without a second thought. 

I also admire Mr. Sidharth Luthra, Sr. Advocate for his knowledge of law, elegance and his love for cars. Ms. Pinky Anand, Sr. Advocate, Ms. Geeta Luthra, Sr. Advocate and my Firm’s Managing Partner Ms. Sangeeta Bharti, all women of power, who broke the glass ceiling in a male dominated fraternity and rose to be well recognized and sought after arguing counsels have also taught me many lessons in life. My father has been a constant guide and mentor from whom I learned the art of being thorough with the brief. Master the facts and you will master the case is what he always told me during my initial journey. The list can go on and on. Life is about endless learning. The moment you stop is the moment you stop living.        

Please help us understand the practice areas you deal in and the diverse array of work you handle? Which industries does your practice cater to mostly and which sector of the economy does your advisory service cover? 

AK:I am primarily a corporate/commercial lawyer specializing in dispute resolution and representing the interests of my clients in various judicial and quasi judicial fora ranging from the Supreme Court, High Court of Delhi, to National Green Tribunal, National Consumer Disputes Redressal Commission, Arbitral Tribunals etc. In addition for some clients, I also don the hat of a corporate lawyer rendering strategic advice, assisting in deal/transaction negotiations, vetting documents, etc. Knowledge of litigation adds to my advantage as sometimes it is easier to gage how the courts would infer an agreement/ clause, if the parties were to ever enter into a dispute. With respect to industries and sectors, I represent Firm clients in diverse sectors such as Real Estate, Aviation, Energy & Infrastructure, Banking & Finance, IT and Private clientele.  

We have seen a spate of legislative changes in recent years that have been monumental in reforming India's legal framework across all sectors. Would you please highlight a recent development concerning your practice area that has positively impacted the industry?  

AK:Though not very recent but the amendment to the Consumer Protection Act, 1986 by the 2019 Act, has been an important development which has tried to balance equities between consumers and the companies apart from widening the scope/ambit of the Act by also including E-commerce, Product liability etc. With India’s population increasingly adopting online transactions, including sale/purchase of products without physically seeing them, the inclusion of E-commerce and Product liability is a welcome step to protect the consumers. The increase in the pecuniary jurisdiction has also enabled more consumers to seek remedy under the Act within their district rather than having to travel to the State Consumer Commission or National Consumer Commission. Another important inclusion in the new Act is the provision for mediation. This is a welcome step as most often disputes are of small pecuniary value which can easily be settled through the mediation process, saving precious time of the consumer, companies as well as the Commission.   

Do you believe that AI and Technology will supersede the lawyering skills in the coming times, especially with the recent hype around ChatGPT and other AI softwares? 

AK: Not at all. These are at best technological conveniences. While AI and technology can be an enabler for sure, there is no bigger technology (if we can call it so) than the human brain, which can never be superseded. Lawyering skills specially in cases of litigation require court craft, reading the mind of the court, anticipating the immediate next reaction of the opposing counsel, the sentiments of the client among other things. Empathy, which is a core human element is very necessary. This is not present in AI and Technology. What at best AI and technology can do is make life simple in terms of the processes and necessary information required for a lawyer.    

What are you doing if not lawyering? What are your hobbies in general? 

AK:I like to enhance my knowledge with no specific restraint of any particular area/field. I am equally curious about space, as much as the understanding the evolution of life, to how different chemicals may react with each other, to how automotive technology has evolved over time. The list is endless. As long as I am learning something, it is of interest to me. In addition, I like to read. There is nothing particular but I do like to read about life stories of individuals and how some of the great corporate empires were built. It is easy to appreciate be envious of someone’s current stature but what is important is to know how they reached there and the struggles they went through. This in itself becomes a lesson in humility. I also love to travel and explore new places, whenever time permits. India has so much beauty to offer yet many of us have seen so little of it.    

As a parting note, would you please recommend a favorite book that left a lasting impression on you? What has been your most recent read? 

AK:There are many books. If budding lawyers/law students are interested in corporate/transactional law, I would highly recommend “Cold Steel” by Tim Bouquet & Byron Ousey; if the interests lie in Politics, Law and India then “Hope in a Challenged Democracy” and “Human Dignity – A Purpose in Perpetuity” by Ashwani Kumar; if Criminal law interests you then “Trials of Truth – India’s Landmark Criminal Cases” by Pinky Anand and Gauri Goburdhun; if you want to be inspired, then read about the lives and times of some of the eminent senior counsels in “Legal Eagles – Stories of top seven Indian lawyers” by  Indu Bhan and “The journey of O P Vaish – Celebrating life with gratitude” by Ramesh Menon. Three more books I would recommend are “The Man Behind the Wheel – How Onkar S. Kanwar created a Global Giant” by Tim Bouquet and “Bottle of Lies – Ranbaxy and the Dark Side of Indian Pharma” by Katherine Eban and “What it Takes – Lesson in the Pursuit of Excellence” by Stephen A. Schwarzman, Chairman and CEO of Blackstone. I am currently reading “What it Takes – Lesson in the Pursuit of Excellence”.