Ms Batra, would you please tell our readers what motivated you to pursue law?
To be a part of a profession where I would have the skill set and knowledge to try to right the wrongs or prevent laws from being broken, and endeavour to get justice was the inspiration which prompted me to choose the legal profession. Reading about how lawyers can help make the world a better place and ensure a more equitable society was the motivation to choose this profession as my calling. I truly believe that law can immensely help in creating a just society where the rule of law and individual rights are duly respected. I am a first-generation lawyer and choosing this profession was totally my decision, much against the advice of my family. I am constantly grateful that I had the courage of my conviction to take this decision and have never regretted it. Even in my darkest hours, being a lawyer has kept me going because I love being one and find it extremely fulfilling.
You completed your LLB from Kurukshetra University. What was the initial year after college like? Did you face any hurdles because of your non-NLU background?
I wanted to gain experience in litigation and hence started my career as a litigator in Punjab & Haryana High Court. My view was that it is important for a legal professional to understand how the law is enforced in courts and hence litigation provides a strong foundation to formulate pragmatic legal strategies throughout your career. It was an immensely satisfying year where I literally and figuratively burnt the midnight oil. I was very fortunate to work with a senior who treated me like a professional and gave me immense opportunity to learn the nuances of litigation and argue matters which, for a fresher, was unheard of. The initial year helped me build a strong foundation in law as well as gain confidence in my choices. The concept of 5-year law courses was still in its very nascent stage at that time with barely any educational institutions offering this course. The fact that I had done a 5-year integrated course was a novelty. I did not face any hurdles in getting an entry into the profession, which set me up for what the future was to unfold. Educational institutions do play a role in providing a launchpad into the profession but more important is the dedication, passion and grit of the individual to create their own path.
From Law Firms to International Organisations, you have worked in diverse roles throughout your career before donning the General Counsel hat. What advice would you like to give law students and young professionals facing a decision paralysis?
We are fortunate to be in a profession where there is no dearth of opportunities and diverse subject matter specialisations. At the beginning of my career, I could never have visualised the depth and diverse work this profession has to offer and how much there is constantly to learn. From the identification of need for new legislation to its conception, its interpretation and enforcement, it’s a stage for legal professionals. There are so many facets to explore that it is important to figure out what drives you and then give it your best. Be open to exploring in the initial phase of your career of what gives you joy and satisfaction. With the variety of work the profession offers, we are always kept on our toes and are intellectually stimulated. Moreover, with the legal frameworks and ethical compliances becoming a top priority for countries and corporations alike, good lawyers are needed like never before. Be it corporate or international organisations, policy-making or developmental and civil societies, lawyers continue to make a great impact and the value that they bring to the table will keep on increasing in the dynamic world that we live in today.
Who have been the mentors and role models in your thriving legal career?
I have been fortunate to have the opportunity to have several mentors throughout life. My first mentors were, of course, my parents, who taught me to be an independent thinker and how to live a meaningful life. Once I started my professional journey, I learnt immensely from my bosses, particularly in the formative years. These individuals are stalwarts in the sphere of expertise and working with them meant that I had to learn the value of multitasking, sheer hard work and thoroughness of knowledge before advising a client. Many other professionals, and not just lawyers, have also helped me evolve in the corporate world and guided me on how to deliver on stretch targets. Irrespective of their age or designations, there is much to learn from a person who gives their best and tries to excel in his profession. And of course, I have learnt a lot from reading a myriad genre of books so that continues to be an integral part of how I learn.
What is the role of a General Counsel in an organisation like yours? Would you please throw some light on the evolving sphere of their expertise.
A general counsel would typically be responsible for the overall legal, secretarial and compliance function of the organisation. We are also often on the board of directors and part of leadership teams so we are actively engaged in corporate governance of the organisation. Moreover, a general counsel is becoming the conscience of the company along with being a business enabler. As the world shrinks, restructuring and optimisation have become the norm. Legal teams are actively involved in M&As and working with businesses on evaluating and launching new business models. We are an integral part of the strategic initiatives of the organisation while ensuring that business strictly operates within the parameters of what the law of the land, ethics as well as the organisation’s internal policies allow. Typically, a general counsel is an independent voice within the organisation which in today’s complicated ecosystem works more as a partner and trusted advisor than a naysayer. Also, talent management and other corporate initiatives become an important part of the role that we play.
You also specialise in IP and trademark portfolio management. What peculiarities does online brand protection entail for businesses operating in the online world?
Lack of respect for the physical territorial restrictions, constant online monitoring and identification of the real infringers are the challenges in the online world of brand protection. Also, in a world where many websites are just a replica of the physical market place, surveillance on how the brands are being used while maintaining their integrity are situations that constantly need to be monitored. Working with the e-marketplace sites to educate them about brands, soliciting their co-operation, tackling infringements and coming up with cost-effective legal strategies to mitigate the risks while protecting the brands in a dynamic ever-changing landscape are the challenges that businesses face. Since the digital world cannot be ignored, it has become extremely important for organisations to come up with cohesive and comprehensive cost-effective strategies to keep pace and protect their IP.
What is your definition of diversity and inclusion? When building a team, do you feel there's a need for a more empathetic view to ensuring gender-diversity?
For me, Mahatma Gandhi’s quote ‘I do not want my house to be walled in on all sides and my windows to be stuffed. I want the culture of all lands to be blown about my house as freely as possible’ exemplifies the concept of diversity. Having diverse thoughts and opinions is the epitome of a successful team …that is how all of us learn. Empowering those diverse voices to be heard without any fear is what inclusion means for me. While gender diversity is no doubt important, but I like to view diversity through a broader lens.
It goes without saying that merit is most important selection criteria in a team but we need to make sure that adequate efforts are made to ensure that there is adequate representation from professionals of diverse backgrounds during the selection process itself. Once a team has been formed, there needs to be an open communication so that any member, irrespective of their gender or background, can tailor their professional life while taking care of their particular personal circumstances too. Many fathers, for example, are getting more involved in child care and are asking for periodic work from home options and I encourage the trend and support it so that irrespective of gender, my team can live a well- balanced life.
How do you see governance and compliance frameworks changing with the emergence of legal tech and AI?
I have personally experienced the significant positive impact that legal tech and AI have had on governance and compliance frameworks. It has been a great value addition to the legal function. With leaner teams but more complex regulatory and compliance ecosystems, we are relying much more on technology to help us function in a more efficient and effective way. Also, the scope of human error and oversight reduces significantly with the use of technology as we are no longer dependant on multiple stakeholders and excel sheets to ensure that all relevant compliances are being fulfilled. Particularly in regulated industries, the digitised systems prove to be extremely beneficial in keeping all the stakeholders as well as the management team updated on the exact status of the compliance framework within the organisation. Furthermore, it is much easier to stay updated with the latest changes in any of the legal and regulatory requirements and ensure that the organisations stay compliant. Even risk assessments and mitigation plans become easier. I can therefore confidently say that legal technology makes the life of general counsel easier and more productive.
What’s your take on Smart Contracts? Do you see them creating a win-win situation between technology, law and e-commerce?
In my view, smart contracts are here to stay with the digitisation of our world. The current pandemic has reiterated that digital transformation and technology will continue to play a critical part in the future and hence the world will continue to look for ways to do business while trying to safeguard their interests and mitigate risks. It has the potential to improve the customer experience but could bring its own set of challenges with issues including data security. It will be important for the law to keep up with technology in this area too as holds true across a multitude of other fields.
Work from home brings unique challenges. How are organisations handling potential employee productivity and mental health issues? Are leaders, in the pandemic era, learning to be more flexible and sensitive towards their teams?
The world is learning to operate under the new normal. While the first few months were extremely challenging and had a significant psychological impact, the amazing thing about humans is their resilience and adaptability in the face of any crisis. Organisations have been relying on technology to stay connected with their teams and employees. The leadership teams are working together even more than before to closely monitor how employees are faring and discussing any potential issues before it becomes a crisis. The emphasis on mental wellbeing is an integral part of how leaders are communicating with their teams and the broader organisation. Many corporates are paying special attention and setting up initiatives for their employees to guide them through these stressful times. Not just meetings but celebrations are also happening virtually. The leaders are encouraging their teams to be candid about the multitude of professional and personal tasks that they are handling. Alternate plans are being evaluated and prepared in advance so that they can be triggered if deliverables cannot be achieved because of disruptions being caused by the pandemic. Organisations and leaders are constantly monitoring and finding ways to adapt to the ever-changing scenarios. The need for empathy, not just in organisations, but across all fronts cannot be overstated in these times.
What is your take on the notion of Work-Life Balance? What keeps you busy other than work?
I do not believe we live in a world where we have a strict demarcation of what is work and the rest of life. Its is a fluid porous world and needs to be managed as such. There are times when my work will take precedence and the rest of the life needs to adjust and similarly, sometimes my personal life needs to take a priority. My mantra is to stay focussed to achieve and balance my priorities, and hence I treat time as a precious and finite commodity in my life and am prudent on how I use it.
When not working or spending time with my family, I can usually be found curled up with a book in hand. I am active in the social and development sector with some passion projects and also enjoy long-distance running. Music is a constant companion in my life. I do try to take a couple of vacations every year with my family to rejuvenate and enjoy travelling to the seaside or in the hills to enjoy some moments of solitude. Trekking and exploring various facets of nature is something I endeavour to do whenever possible to reset life.
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?
Understanding early in life about what makes me feel fulfilled and choosing my priorities accordingly is something that has helped me in my journey. I am also a strong advocate of being accountable for the choices we make and then giving it our best. The role of my tribe i.e. my family and friends who support me, understand my dreams and have been there for me every step of the way cannot be emphasized enough. Whether its parents, spouse, my daughter, extended family or my close circle of friends, they have all been people I have leaned on. And then, of course, there are times in life when you just take one step at a time and hang in there to focus on what needs to be done.
With regard to my advice to other legal professionals, I would say use your time wisely and if your career is your passion, then make it your priority. Particularly for the young women out there, if you don’t take your career seriously and are not committed to it, no one else will be. Also, for me being a lawyer is like a journey where you continue to learn and evolve over a period of time and I consider myself a lifelong student. Most of all, enjoy the profession…it is a challenging one but well worth those late nights and early mornings. Be passionate about your work, be a lifelong learner and life will take you places!
Disclaimer: All the above-mentioned thoughts and views shared by Ms Sanjit Kaur Batra are her own and do not represent those of her employer.
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