In Conversation with Divyam Agarwal, Partner, J. Sagar Associates

Many Congratulations on winning the BW Legal World Global Legal Leaders Award for the year 2020. How was your experience interacting with the Jury and of the event? 

I must say that my overall experience with BW Legal was hugely inspiring. The interaction with the Jury was very stimulating and full of learning. To be honest, it was daunting to have to present your case before such outstanding legal luminaries and doyens of the Bar.  I commend BW Legal and the Jury for expending so much time and energy and providing a flawless ceremony. The Jury is of such high calibre that receiving any recognition from them is a delight and definitely something to cherish. 

Awards are important because being rewarded is a big motivational factor. It is an endorsement/validation of your commitment and hard work and drives you to continue performing well.     

Rewinding time: please allow us a peek into your illustrious journey in law. Where did this journey begin, who were your mentors, and are there any goals that remain to be achieved?  

Well, the journey so far has been enriching and memorable. 

To start with, I was fond of dramatics and had the inclination to perform. You could say I was a wandering soul, and law really happened by chance. However, when I entered law school, the closest to stage performance was moot court competition. I regularly participated in Moots, honed that skill and eventually won many accolades. The most notable being the Stetson Moot Court Competition at Florida, where I was fortunate to represent India at the world moot and I was adjudged the third best oralist. Due to my consistent performance at Moots and academics, I was bestowed with the best student of the year award twice in a row.  

On graduating from law school, I pursued a master’s in international commercial arbitration, at the London School of Economics & Political Science (“LSE”). This experience really helped in shaping me as an individual. The experience of sharing the platform with like-minded individuals from across the globe, where learning was never equated with memorizing. You discussed, you interacted, and you learned along the way. The experience was extremely enriching and transformative.  

After LSE, I joined the disputes practice at J. Sagar Associates (“JSA”), one of the premier law firms of India. Over the last Thirteen years at JSA, I have contributed to the growth and expansion of the firm in almost all areas of the litigation practice, from arbitration to the still-developing bankruptcy law.  

My personal growth has been synonymous with the firm. My yearning to learn, while practising encouraged me to sit for the Advocate-on-Record examination in 2015. Balancing my professional responsibilities, I was able to secure All-India Rank 4 in the examination. Since then, I can proudly claim that I am involved in the most complex and notable cases before the Supreme Court.  

To further my academic curiosity, I also trained in English Law, and secured dual qualification as an English Solicitor and an Indian Advocate in 2019. Armed with this qualification, I am able to add value to assignments involving International firms on intersecting aspects of Indian and English law.   

In hindsight, I feel content to have achieved this position in my career. Mine has been an unlikely journey, from scoring sub-optimally in my CBSE 12th Board exams and being written off, onwards to law school with my best student recognition and prestigious moots, then on to a global masters’, and now this enriching stint with JSA.  

I have applied the things I learnt during my time at LSE and Law School into my practice. Presently, I lead a team of 6 attorneys, and along with them have successfully represented numerous clients in important cases before various forums such as the Supreme Court, High Courts of several states, NCLT, and Arbitral Tribunals. 

What would you say has helped you emerge as a leader in your industry and what advice would you have for others who want to set off in a similar direction?   

Early into the profession, I made goals for myself. It is important to have a roadmap. Once you have an aim, you can formulate a strategy and a daily routine to work towards it.  

 I would advise young lawyers to be sure about their choice in opting for this profession. Being a lawyer requires commitment and a willingness to work hard.  

To avoid burnout, it is important to have a daily routine. I never miss out on the latest judgments listed on the Supreme Court website simply because of my routine to check them before going to bed.  

It is also important to sleep early and wake up on time – remember early bird catches the worm. I often see young lawyers preferring to work late in the night what can be easily done in the morning by waking up on time. This toiling late in the night might work in the early years but will be unsustainable in the long run.  

Young lawyers must not shy away from asking questions, and figuring out their own way. Lastly, young lawyers should strive to be observant. Court traditions and customs can be learnt by simply observing the proceedings.  

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?  

The most monumental reform in the industry has been the enactment of an Insolvency regime in India under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The IBC has undergone some amendments since enactment, to meet evolving contingencies, and for its effective implementation.  

Since its inception, IBC has been instrumental in resolving ₹1.52 trillion of bad debt. Some of the biggest insolvencies such as the Bhushan Steel and Essar Steel have been resolved under the aegis of the IBC.  

Recently, the government has issued a Pre-Packaged Insolvency Resolution Process (“PIRP”) for Medium, Small and Mirco Enterprise (“MSME”). This appears to be a game-changer as it offers a faster, more flexible and cost-efficient resolution process while ensuring a higher return for the creditors.  

Besides that, Indian Consumer Law was reframed with the enactment f the Consumer Protection Act, 2019, notified last year. The new law has made huge strides by including e-commerce websites within its ambit and provisioning for product liability claims. I can foresee it opening more avenues for consumers to seek redressal.  

How has the legal services industry transformed in the past year? What have been your key learnings from the year past and what are your predictions for the future?  

First, and the most far-reaching impact of the Covid-19 pandemic, was the pragmatic shift to online proceedings by the Courts. This meant that you had to re-learn and re-apply the skill of advocacy in the new reality, as the emotiveness of a physical hearing could no longer be employed. Since then, there has been a steady learning curve to adapt to online proceedings.   

However, one of the added benefits of the online hearing was that it has rapidly decreased the inertia against the adoption of technology in the legal field.. The registries of all courts have permitted online filing which has eased the burden of lawyers.  

The ease with which the lawyers can now appear in multiple jurisdictions has also helped the litigants to seek best representation. This has increased the competitiveness of the Bar. I am hopeful that some of these changes will be permanent.  

I have personally learnt a lot in the past year. The pandemic meant that we had to re-orient ourselves entirely to shift to working from home. I can proudly claim that I with my team were able to ensure seamless service and availability to our clients.  

Working from home in such conditions also meant that we had to focus on our mental health. I frequently interacted with my colleagues regarding their well-being, got to know them better, and that really helped us cope with the worst of the pandemic. 

What role can law/law firm/an individual play in making workplaces truly diverse and inclusive?   

Both the law and the lawyer have an equal role to play in ensuring diversity and inclusiveness in the workplaces. Our constitution cements the principle of equality and justice at its heart, with the inclusion of fundamental rights and directive principles of state policy. This has inspired various legislations over the years to bring more equality at the workplace. Laws such as the POSH Act and the ST/SC Act have played its role in ensuring a safe and healthy work environment for women and depressed sections of society.  

My training as a lawyer has always been to further these ideals. I have been fortunate to be associated with a firm that shares these values. JSA is, perhaps, the only firm that has such an overwhelming emphasis on merit. Such is the egalitarian spirit of our founder, that he has completely given up the reigns of the firm.  

In our team, along with my senior partner, I have always endeavoured to promote equality and merit. Over the years, we have built a team consisting mostly of first-generation lawyers, and with equal representation of male and female attorneys. Some of the finest lawyers in my team, and our firm, are women and leading the firm in a wide array of practice areas.  

 An experience, case or person that left a lasting impression on you.  

I think the experience that left a lasting impression on me, as it probably would on members of our profession, was my first brush of presenting oral arguments at the Supreme Court of India. The opportunity came unexpectedly: my senior, who had to otherwise appear in the matter was engaged in another Court, and the Bench insisted on proceeding with our matter. I was thrilled. I began arguments without fear and was appreciated throughout by the Bench. The incident cemented the lessons we often hear from senior members of our profession in my mind: that one should always, always be thorough with their briefs; have little fear, and be willing to learn and grow with every experience.  

Law firm practice of the future: LegalTech tools that are transforming the traditional methods of legal practice in India. Please list AI tools you are using or being used at the firm for legal research, case management, contract lifecycle management, contract review, document reviews etc

Steve Jobs once said – Innovation is the ability to see change as an opportunity – not a threat. The challenges brought about by pandemic ought to be considered as an opportunity to adapt and thrive in this changing world.  

I have embraced the change and adapted myself to a paperless environment wherein all my documentation is on cloud/online database and all my review is via virtual platforms. This transformation has led to considerable efficiency improvements and placed me in a better position to serve my clients.  

 The specific AI tools I have been using are as follows:  

1. Notes making – Microsoft OneNote and Apple Notes 

2. Case Management – All files on OneDrive. Also regularly using PDF which is bookmarked and annotated. In my experience, for Windows, the best app is Adobe Pro DC. For iPad – it is PDF Expert.   

3. Legal Research – JSA E-library – which has access to all Legal e-books along with access to websites like LexisNexis, Westlaw, SCC Online, etc.  

What keeps you busy when you’re not working? Any favourite book or movie/series that you'd like to recommend to our readers. 

My belief of employing technology to aid and ease the lives of the professional especially in the legal field has prompted me to create ‘Technlawgy’, an Instagram blog focused on introducing to the individuals, the technologies that can help in simplifying the various tasks in their professional and personal lives. The blog has more than three thousand unique followers and has gained transaction in the professional community. 

I am an avid reader. Currently, I am reading Greenlights by Mathew McConaughey and India after Gandhi by Ramachandra Guha.  

Any other thoughts, message to our readers. What other than hard work is a mantra to success?  

Stay curious: Curiosity has always stood me well. There is no shying from the fact that as lawyers, we enjoy the challenge and the real privilege of being in a profession that requires us to constantly learn, constantly remain curious. 

Be determined: It is important to not lose sight of your goals, and be determined to do what is necessary to achieve them.  

Learn from peers: Finally, while you work hard and drown yourself in the workings of the profession, always hear your colleagues and peers with humility, and try not to take yourself too seriously.