In Conversation with Divyakant Lahoti, Advocate-on-Record, Lahoti Advocates

Divyakant, would you please tell us where did this illustrious journey begin and at what age did you decide to study law. Please walk us through your early years of education and the decision of becoming a lawyer. 

The greatest motivating factor that drew me to this profession was to witness the amount of respect one earns, along with the satisfaction of being able to aid and assist the clients to achieve the ends of justice. No other alternate profession ever seemed so satisfying as well as fulfilling when the clients repose trust in you.  

My father’s hard-working yet smooth-sailing and comfortable lifestyle as a senior advocate and then as a High Court Judge appealed to my childhood dreams. I gained perspective of the profession as I closely observed my father work in his office attached to our house. It was an opportunity for me to closely observe an advocate's profession and his life. What drew me to this profession was the respect and satisfaction one derives from advising his clients and securing them justice. From early days of my childhood, my career aspiration has been to become a lawyer with good proficiency of socio-legal disciplines so as to make a positive impact on the society by taking up a responsible position in the legal practice. 

It was inspiring to witness the hope and optimism that an advocate instils in his client in the quest for justice. With this approach in mind and guidance from my father, I cruised through the national-level entrance exams to secure admission in Guru Gobind Singh Indraprastha University. Whereafter, in quench for specialized legal knowledge, I did LL.M. from King’s College London in International Commercial Law. I also attained specialisation in Intellectual Property Law from the World Intellectual Property Organisation and the University of South Africa.  

Who have been your guiding North Stars and the biggest inspiration in this journey? 

I believe that habitas has a huge role to play in shaping up one’s life and career choice, and the situation was no different for me. I received inspiration from my family - Justice R.C. Lahoti, my Uncle and Justice K.K. Lahoti, my father. From very early life, I saw them working hard to serve the best interests of the Clients.  

I always saw that they tried to provide the best of solutions to the Client which would get them justice without any unnecessary delay. I have seen from a very young age that the Justice in our country was delayed due to the inadequate infrastructure and insufficient resources. This inspired me to become an activist lawyer and since then I have been trying to improve the justice delivery system in our country by organizing informative webinars, seminars, workshops for all stakeholders of the System. I firmly believe that even the smallest of steps can lead to a huge revolution.  

Being a third-generation lawyer, I was infused with the thought of “Justice for all” even before I joined the profession. At various junctures of my journey in the legal battlefield, I have come across litigants who did not have adequate resources to attain justice from the top court of this country. These litigants often belong to the farmer community who are fighting for their land, which is more than just their livelihood. In such cases, I have always ensured that no such helpless litigant has to quit his journey for justice, due to lack of resources and/or money.  

Public Welfare always retains a major part of my practice which has been imbibed into me by my family. This has inspired me to be more involved in national affairs through public service, welfare and charities. I wish to internationalise the Family Legacy while making a mark in the field of law and public service. 

Would you please tell us more about the array of matters you handle at your firm? 

I have handled a wide range of matters, from Corporate Criminal Matters such as 2G Scam, SFIO matters related to Bhushan Steels, etc. to High Stake Arbitration and Insolvency matters. My firm offers dispute resolution solutions and expertise in all fields and being the head of Organization with a nick for perfection, I work with my team on every matter providing valuable and experience-based insights. Lately, I have focused on matters involving High Stake Commercial Arbitration and International Insolvency Regime. The Cross-Border Insolvency and Arbitration Laws of our County are still very dynamic and are evolving with every passing day. I take pride in associating myself with many such cases in which the Hon’ble Supreme Court has laid down the law with finality. 

I have argued in various landmark cases which have had a law-changing impact in our fraternity. Some of the landmark cases which I have argued are Sameer Kapoor and Another v. State, 2019 SCC OnLine SC 630 (Limitation on Foreign Probates in India); Emkay Global Financial Services Ltd. v. Girdhar Sondhi, (2018) 9 SCC 49 (Leading Additional Evidence or Cross-Examination of Witness at the Stage of Section 34 of the Arbitration and Conciliation Act); Shriram EPC Ltd. v. Rioglass Solar Sa, (2018) 18 SCC 313 (Non-payment of Stamp Duty on Foreign Arbitral Awards); Collector v. Cine Exhibitors (P) Ltd., (2012) 4 SCC 441 (Exposition of Municipal Land Laws of M.P.); Nidhi Kaim v. State of M.P., (2016) 7 SCC 615 (Cancellation of admission of medical students due to Vyapam Scam); Sarika v. Shri Mahakaleshwar Mandir Committee, (2018) 17 SCC 112 (Protection, Maintenance and Upkeep of Shri Mahakaleshwar Temple), etc.

What in your opinion has been the biggest change or challenge looming over the legal landscape of India amid COVID-19?   

The Pandemic has brought about an overhaul in the justice delivery system of India. The e-courts team has remarkably made possible what was only a distant dream. The technological advancement in the field of Law in the last 6-7 months has been phenomenal. All the Courts and forums, from District Court to Supreme Court, have adopted the tools for virtual hearing and are trying to conduct matters despite the effects of Pandemic. However, there are still many roadblocks such as good connectivity, adequate infrastructure, availability of electronic copies of file, etc. which are yet to be resolved and streamlined. Although, this transition has been challenging on various fronts, but in my opinion, the road ahead will only ease out these technological hiccups.    

The lego-technological changes are not new to our fraternity but the outbreak of Corona Virus has become the catalyst of change. With time, the Senior colleagues have embraced the technology and the Younger members are getting more opportunities to appear and argue in a various forum both domestically and internationally. The virtual hearings have become, to a large extent, the new normal. The Supreme Court of India has interestingly observed that hearings on video- conferencing can be said to equivalent to in-person hearings as one can hear and observe the parties as if they are in the same room.  

But we must also understand the challenge, which not just litigants but also many of our brother advocates are facing while going through this transition. Not every advocate has the means and infrastructure, let alone technological know-how, to effectively conduct the virtual hearing. Many of our brothers are not able to adopt this change due to financial, infrastructural and technological barriers. Such challenge should be collectively addressed by the fraternity so that every person is able to fight through these tough and transitional times. 

 What are the three essentials to become a competent Advocate on Record?  

The following three are sine qua non for not just successful Advocate on Record but a good litigator:  

• Case Assessment and Management. Case assessment and risk analysis to be done before institution of the case. Identify the team members with area expertise and review the “To Do” list regularly to make sure nothing is left to chance. Develop your theme. Your opening statement, examination of witnesses, and closing argument should all tell your story. An eye on facts and law is must. Be thorough with pleadings, depositions, exhibits, key cases, and significant court rulings.  

• Court Analysis. Litigators often represent client in different judicial forums. Visit the courtroom to identify practical or procedural issues and prepare to overcome such hurdles to achieve smooth flow of presentation of the case. Observe Court and Judges. Watch the judge’s facial expressions and body language during arguments and trial. Be receptive to the questions and comments to gauge what is important to the judge, and when/what he wants to hear from you. Often the judge does not need (or want) to hear from a side who is winning. Be attentive to read what the judge is questioning before deciding whether an argument is really necessary. Learn when not to speak.  

• Avoid Interjections. Hold the horses until it’s your turn. Irrespective of your frustration, you should not interrupt—especially not the judge. Calm and composed are the traits of successful lawyers who are more believable and enjoys confidence of the court. Assert Yourself with Compassion.   

Many Congratulations on joining the BW Legal World Elite 40 Under 40 Club of Achievers 2020. What to your mind has helped you get to where you are and what advice would you have for others who want to set off in a similar direction?  

Apart from good oratory skills, analytical skills and a nick for perfection, I have always considered team-building, interpersonal relationships and balance of personal and professional life as my biggest strengths. I feel that there are certain qualities which I have developed with experience, and every upcoming advocate should practice and develop, to attain success in this field.  

Compassionate Achiever: I believe that compassion is an essential quality with which I perceive the client’s problem and genuinely work to resolve them. Without compassion, one cannot understand the adversary’s position, anticipate what he/she will do, and take pre-emptive steps to safeguard the client.  

Able Listener: Effective communication skills are essential to good advocacy. I believe that we can only do it right if we listen first. I listen not only to my clients but also my adversaries, colleagues and the judges. As lawyers, I have inculcated the habit to take in maximum information, analyze it and synthesize it, and exercise good judgment to provide advice to my clients. Always start with listening! 

Assertive and Courageous, Not Aggressive: My assertion of opinion and making myself heard while remaining respectful to others, is one of my key quality for being well-liked by my peers. On the other hand, I believe aggressive lawyers attack and thereby often ignore others’ opinions. Aggression damages logical thinking, interpersonal relationships, ultimately leading to an uncooperative environment that makes resolution or agreement difficult. Raise your argument, not the voice! 

Creativity and Pragmatic Solution-Based Approach: I strive for creativity and out of the box yet, pragmatic solutions to my client’s problems. Per me, each matter is unique; each client must be handled accordingly, and each solution is carefully crafted. 

Perseverance: Success is achieved with hard work and perseverance. I keep working, keep trying and keep going. Instead of stopping, I keep trying even when things are not working, I take a break, and come back fresh - ready to resolve, negotiate or whatever the matter may require.

What other than work keeps you busy? Would you please share your interests and hobbies with our readers?  

Andrew Wilkinson, the founder of MetaLab, once said that “You don’t have to make yourself miserable to be successful”. The life of a litigating lawyer is hectic and it is important to maintain a healthy work-life balance.  I have managed to abridge personal and professional life by remaining engaged with the family and at the same time maintaining a distance to not let work affect the familial foreground. Though success comes with passion and devotion towards work, one should always have someone to go back to, to enjoy that success. Therefore, I tend to spend most of my free time with my family.  

I also firmly believe that every accomplished advocate should invest a part of his time in training the younger generations. We should also take initiatives to ensure that the law students and budding lawyers are guided, challenged as well as rewarded for their performance. Other than work, I take time to organise and participate in Webinars, Seminars and Workshops to share my experience with younger generations and other stakeholders of the fraternity. I have also associated myself with many welfare organizations, like RL Lahoti Memorial Trust, NIIT Foundation and CAN Foundation, which are helping the lesser privileged strata of the Society with means to education.    

Apart from this, I like to read the autobiographies of Legal Luminaries which are not just interesting to read but also impart practical wisdom which helps me in improving my advocacy skills.  

And as a final note, would you please recommend to our readers your favourite book or movie/series that left a lasting impression on you. 

I do not watch Movies/Series very frequently, but I am an avid reader. If I have to recommend a book that has left a lasting impression it would definitely be “The 48 Laws of Power” by Mr Robert Greene. The book is a guide for these challenging times and I would recommend it to every young achiever who wants to influence, persuade and win in this competitive World.  

*The interview was published in November 2020.

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