Mr Gupta, would you please tell our readers what motivated you to pursue law and what were the formative years of your professional career like. What to your mind has been the biggest highlight of your legal career?
I am a first-generation lawyer and came to the profession from an idealistic, social justice/ empowerment perspective. I was lucky to be accepted to study law at NLS Bangalore, and that gave me a lot of exposure to various law firms, chambers and the like. The formative years of my professional life were spent partially at a Big Four firm (with their tax and legal practice) and a top Indian law firm; I had the privilege of training under the very best in the profession! If I look back at the last 2 decades of my professional career, I think the biggest highlight was getting an opportunity to work in London with a top international law firm; it taught me a lot, starting from professional conduct, drafting and writing skills and presentation.
You have almost 20 years of professional experience. It is said that success is easy to achieve but difficult to sustain. What has helped you achieve and sustain success over a long period of time?
To quote Justice Joseph Story of the US Supreme Court, ‘the law is a jealous mistress and requires a long and constant courtship’! It is an under-statement to say that success is easy to achieve but difficult to sustain, especially in the legal profession. To quote another US Supreme Court judge, Justice Sotomayor, ‘the vast majority of lawyering is drudgery work – its sitting in a library, its banging out a brief, its talking to clients for endless hours’; it is when you enjoy the practice of law and the quest for excellence/ perfection that the ‘drudgery’ no longer remains so! Luckily for me, I have never been boxed into one practice area – I started as a tax lawyer, then moved on to corporate/ commercial advisory, took up banking & finance and finally transitioned into a hard-core M&A lawyer. The variety of laws, the broad spectrum of clients and sectors have always kept me interested in the practice.
What made you move in-house from over 15 years of private practice? What is your advice to aspiring in-house lawyers?
I believe that I was always unwittingly preparing myself for an in-house role; whether it was by practising different streams of law, or by taking up secondments in-house. I also believe that an in-house role gives one a business/ commercial perspective that is sometimes lacking in private practice, which tends to be more transactional in nature; an in-house lawyer has to truly ‘walk the talk’ and implement the legal strategy/ advice. I would advise youngsters aspiring to move in-house to ideally spend 4-5 years working in a law firm/ private practice; this gives one a look at a wide variety of legal issues and allows one to solve the same. In-house lawyers need to be adept at managing stakeholders, internal and external; and making sense of complicated legal advice.
What does a day as Head Legal, EXL India look like? What are your roles and responsibilities?
My focus areas are M&A; FDI/ market entry considerations; banking & finance; privacy; anti-bribery and corruption; and employment issues. A typical day at work starts with briefing the management on key legal issues and risks (along with mitigation steps), continues with strategic and tactical meetings with key stakeholders. I take some time every day to connect with team members to take stock of projects and also motivate and encourage them in these tough times. As the sun sets, I start reviewing and negotiating high value contracts with team members and counter parties globally. I end my day with catch-up calls with colleagues in other geographies, usually covering 3 time zones daily.
How do you foresee India’s legal sector playing a part in India’s economic recovery?
India’s legal sector has boomed since 1991 when the government of the time liberalized and opened up the economy. The legal sector is usually recession-proof globally and has given work to lawyers, paralegal staff and related professionals (accountants, valuers etc.) even through the darkest of days. In the Indian context, even in these tough times, litigators, employment and real estate lawyers and restructuring lawyers have enough work to go around. As the economy will turn the corner in the near future, the legal sector will enable the recovery and will boost the growth rate.
Your legal career has been nothing short of an inspiration for many aspiring and young legal professionals. Who are the mentors you have looked up to and admired? How have they helped you in shaping your career?
Thank you for the kind appreciation! In this context, I think it is apt to quote Sir Isaac Newton who is believed to have said, ‘If I have seen further, it is by standing on the shoulders of Giants’. I strongly believe that what little I have achieved has been thanks to the guidance of my teachers/ professors as well as my supervisors/ mentors at work. I have also had many inspirational colleagues and even, juniors, who have set a great example for me. Whether it is by demonstrating their commitment to work, to clients and to the practice of law, each of them have inspired and mentored me. They are too many to be named, yet, each of them have left an indelible mark on my career and helped me progress. While I thank them each day, I believe the best way to thank them is by paying it forward – inspiring/ mentoring young law students and legal professionals. I try and do this whenever I can – I hope some of my career guidance and advice comes in handy!
How did your team at EXL India respond to Covid-19? What are some of the operational issues in-house company law departments are facing today because of the pandemic?
EXL India dealt with the covid-19 crisis with superb agility and adapted brilliantly to the situation. We moved scores of employees from office to work from home, basis the situation in the relevant geography. We set up a management task force to take strategic decisions and worked on many policies/ processes to deal with the crisis. Some of the issues in-house legal departments have faced include: (a) rationalizing vendor and other fixed costs; (b) dealing with contractual issues, such as force majeure; and (c) employee health and safety issues, and so on.
Mr Gupta, you run a non-profit initiative called Samvedna with a focus on advocating mental health issues among lawyers. Are in house legal departments doing enough to address the mental health issues amongst employees. Do you see leaders becoming more flexible and sensitive towards their teams after the Covid crisis?
Thank you for bringing this up. Companies are actually supporting the health and wellness of employees, including mental and emotional wellness, reasonably well. Legal professionals in independent practice or working with law firms face greater challenges than in-house lawyers in this regard. There is of course much more we can all do, whether it is by demonstrating greater empathy and compassion with our colleagues and juniors, being mindful in our communications, and of course, being flexible and sensitive to their needs. I encourage the readers of this interview to take this issue up in their own workplace and within their social circles. Samvedna aspires to do just that – bring the topic of mental health and wellness into our day-to-day conversations. I am also working with the International Bar Association’s Mental Wellbeing Taskforce; we are currently conducting a survey on mental wellness amongst lawyers worldwide and will work on a report on the same, to be issued in 2021.
What is your take on the notion of Work-Life Balance? What keeps you busy other than work? Tell us about your hobbies. Any movies, work of art or books that have had a profound impact in shaping your personality?
In my view, work-life balance is not just a notion, it’s not a ‘millennial’ idea; it is the very crux of our lives today. We work hard to build a better life in the longer-term, and sometimes lose out on our lives in the short/ medium-term. We should all aspire towards a balance in everything we do, including work and leisure/ interests. I am an introvert by nature, and enjoy reading, listening to music and watching movies; I also love travelling and trying out new cuisines. I used to be an avid painter, in my youth and still pick up the pencil to sketch something, or doodle to de-stress.
What to your mind has helped you get to where you are and what advice would you have for others who want to achieve success in the legal profession?
As I mentioned earlier, my success (if it can be called that!) is owed to my legal education, mentors and colleagues over time. I have also enjoyed the variety of work that I have done and that has encouraged me to continue down my career path. I advise youngsters to aspire towards a balance in their career; they should try out different areas of law, different organizations before deciding upon their true calling. I always suggest that they concentrate on their basics, such as research skills, drafting and presentation, so that they can achieve their dreams.
Note: Views expressed here are personal and do not represent those of the employer.
Attention
BW Legal World in association with BW Businessworld is excited to launch the inaugural edition of the BW Legal World Top 100 GC List 2020 to celebrate the leadership in law in India.
Click the link below to nominate the best General Counsel.
Follow #BWLegalWorld & #BWLegalWorldGC100 on LinkedIn for regular updates about the most awaited GC event of the year.