In Conversation With Priyanka Walesha, Head Legal, Yum! Digital And Tech India

1. Ms. Walesha, would you please walk us through your early years of education and the decision of becoming a lawyer? 

Choosing law as a career was quite a ride. Although I was always eager to learn new things, I wasn't particularly drawn to books during my early school days. My mother worked as a teacher before retiring as a principal, and my father was a businessman. Inspired by my father's business acumen, I was keen to develop similar skills. 

It was my father who encouraged me to consider pursuing law, which eventually became my lifelong companion. While I initially had some fears about this path, my mother's advice to "learn to walk before you run" helped me overcome them. Although I wasn't sure what impact I wanted to make at that time, I knew I wanted to make a difference. 

I completed my graduation in 2011 and my Masters in 2015. Being a first-generation lawyer from a family that believed in the value of hard work, I knew I had to push myself beyond my limits and learn from legal experts in the industry. So I began doing internships as early as my first year in law school, running from pillar to post I worked with NGO, practicing lawyer, LPOs, MNC’s and Indian Corporations. By the time I graduated, I had gained valuable experience in various fields. 

After graduation, I received a job offer from an MNC with a competitive salary, Yet despite the reduced pay, I went with a mid-sized legal practise because I thought there would be more room for advancement. Rather than concentrating only on financial gain throughout my career, I have always made judgements based on the importance of the projects and the challenges they offered. 

I firmly believe that finding true professional fulfilment hinges on fusing your passions with your purpose. I'm appreciative of my challenges since they allowed me to identify my skills and discover my strengths to make me the lawyer I am today. 

2. Tell us about your team size and what does a day in your shoes look like? 

I lead a team of two lawyers who share my passion for our work. What makes our team great is that we work together towards our goals while allowing each member to grow in their own way. Our team follows three key principles: patience, perseverance, and passion. 

To prepare for the next day, I am highly organised and align my work accordingly. My typical day involves various tasks such as documenting, drafting, reading, researching, making decisions, managing the bridge between business and legal work, coordinating with different teams, attending meetings, and more. 

As Steve Jobs once said, "Great things in business are never done by one person. They're done by a team of people." As a general legal counsel, I understand that some days may not go as planned, so I ensure that I have enough flexibility to adjust other schedules. My aim is not to limit myself to a specific position, but rather to be in different roles at different times. I strive to balance my role as a business enabler, a lawyer, and a risk mitigator. Being a General Counsel is challenging because it demands a solution-oriented approach rather than a rigid one, as it involves being a bridge between an organization's business and legal environments. 

3. How do you foresee corporate legal departments in the next 5 years? Is the reliance on external law firms on the decline? 

Legal Industry is likely to continue evolving rapidly over the next five years, with corporate legal departments adapting to new technologies and trends to remain competitive and effective in a rapidly changing business environment. 

With the rise of technology and increased automation, legal departments are expected to adopt more tech-savvy approaches to manage their workload efficiently. This could involve automating monotonous operations with artificial intelligence and machine learning, streamlining legal documentation with contract management software, and identifying patterns and hazards in legal cases with data analytics. 

Another trend that may emerge is a greater focus on diversity and inclusion within legal departments. Companies may seek to hire lawyers from more diverse backgrounds and create more inclusive work environments that value different perspectives and ideas. 

In terms of the reliance on external law firms, it is unlikely that this will decline entirely. However, there may be a shift towards a more strategic use of external counsel, with legal departments retaining more work in-house and outsourcing only specialized areas or overflow work to external firms. This could lead to a more collaborative relationship between legal departments and external firms, with both parties working together to achieve common goals. 

Innovation in the legal industry, as Joseph Schumpeter noted, involves combining resources in new ways to produce different outcomes or achieve the same outcomes through different means. For the legal industry, this means embracing new technologies and processes, as well as developing new skill sets. As legal providers, we should give equal importance and recognition to all professionals who deliver differentiated legal services. 

Chief Justice of India Hon’ble D Y Chandrachud at the inauguration of ‘Online e-Inspection Software’ of the Delhi High Court recently mentioned  “Technology has become a powerful tool in the legal system in improving efficiency, accessibility and accuracy in the administration of justice. However, the success of any initiative and innovation, whether in law or in technology depends on the ability to collaborate with stakeholders and incorporate critical feedback of those who will be using it,”.  

4. As an in-house lawyer, you must be dealing with documentation and contracts on a daily basis. What would be your suggestions to simplify contracts that nowadays run into hundreds of pages? 

As an in-house lawyer, dealing with lengthy contracts can be a daunting task. After working on contracts in all these years, I have come to realize that there is no one-size-fits-all solution. Ultimately, a contract's effectiveness in carrying out its terms should take precedence over its length, and it should be maintained as straightforward and simple as feasible. 

By concentrating on the most important terms and conditions and minimising redundant or unneeded clauses, a protracted contract can be prevented. Creating a clear and unambiguous scope of work that includes the precise deliverables, deadlines, and roles of each partner is a good practise. Involving important parties in the writing process can also assist spot possible problems and guarantee that the contract is customised to match the demands of all parties. Regularly reviewing and streamlining any common contract templates is also beneficial to get rid of any stale or pointless clauses. 

Use of straightforward English rather than technical jargons is advised in order to streamline contracts and ensure their efficacy. For instance, breaking the contract into smaller sections with headings and subheadings can make it easier to navigate. Supportive Annexures, Schedules, clearly laid down SLA’s can also be used to simplify difficult topics. It is essential to avoid introducing redundant paragraphs or provisions in order to avoid misunderstanding. Additionally helpful for streamlining the signing procedure, electronic signatures can do away with the requirement for printing and scanning lengthy papers. 

5. Negotiate. Mediate. Litigate. What’s your take on the alternate dispute  resolution mechanism and the potential of ODR for businesses? 

Before the 1940 Arbitration Act, India had alternative dispute resolution (ADR) processes in place. Section 89, which permits disputes to be settled outside of court, was added to the Code of Civil Procedure. There has been a lot of focus placed on ADR processes, particularly ODR, due to the backlog of cases the Indian judiciary is now handling. 

Alternate Dispute Resolution (ADR) processes including negotiation, mediation, and arbitration have grown in popularity as an alternative to traditional litigation for settling conflicts since they are quicker and less expensive. These processes have a number of benefits over going to court, including being less formal, private, and flexible. 

Without having to go through a drawn-out legal process, mediation in particular enables the parties to come to a mutually agreeable solution with the aid of a neutral third party mediator. Businesses in particular stand to gain from this because it enables them to keep their relationships with customers, suppliers, and partners intact while resolving conflicts. A relatively new idea is online dispute resolution (ODR), which involves using technology to speed up the settlement of conflicts. Numerous benefits, including speed, cost savings, and convenience, are possible with ODR. Businesses that operate online or have clientele from other countries will find it especially helpful because it enables them to settle issues without having to physically travel to hearings or meetings. 

ADR mechanisms, including ODR, have great potential for businesses to resolve disputes in a more efficient and cost-effective manner, while preserving relationships with their clients and partners. However, it is important to ensure that these mechanisms are used appropriately and that parties are adequately represented and protected throughout the process. 

The Covid-19 outbreak has called into question long-held beliefs about how to settle disputes, and technology has emerged as a force for change. Businesses can benefit from both ADR and ODR methods depending on their needs, saving time, money, and effort. 

The potential of India in ODR integration at all three levels—the judiciary, the government, and the corporate sector—has already showed some early promise, but much more work needs to be done. One of the key advantages of ODR is that it might encourage the use of AI in the legal sector, which could assist lighten caseloads. 

6. Any favourite book or movie/series that you'd like to recommend to our readers? 

Certainly, I have a list of favorite books or movies, so it's tough to single out just one.  

 However, if I had to choose, I would highly recommend  

• 'Eat That Frog' by Brian Tracy  

• ‘The Test of My Life' by Yuvraj Singh 

• ‘The Five dysfunctions of a Team’ by Patrick Lencioni recent one 

WebSeries, 'Criminal Justice', 'Guilty Mind', and 'Delhi Crime' are at the top of my list. They are atleast portraying some realities of legal proceedings. 

7. From the treasure trove of your experiences, what are the must-have traits to become a successful General Counsel? 

In today's uncertain business environment, it is crucial for a General Counsel (GC) to possess the ability to set priorities, clarify actions, and balance competing interests in order to ensure effective execution. As leaders at the center of critical business activities, GCs must provide guidance and decision frameworks to resolve uncertainty and reduce organisational complexity, thus increasing their impact on business performance and boosting their stature within the organisation. 

It's important for GCs to strike a delicate balance between their legal duties and overall business operations to avoid getting absorbed in day-to-day legal tasks and losing sight of long-term strategic planning and goal setting. A successful GC understands the need to prioritize business operations while still fulfilling their legal responsibilities, showcasing a broader skill set and outlook that aligns with the evolving senior leadership role of a GC. 

Identifying and managing risk is one of the key priorities of a GC. With a visionary mindset, a GC must be able to handle present challenges while anticipating future obstacles, safeguarding the organization's interests and mitigating potential risks proactively. 

Moreover, leading their team through digital transformation is a significant mission for a GC. This includes selecting the right technology solutions, ensuring a smooth technological transition for the organization, and effectively balancing a heavy task load to boost productivity and efficiency within the entire department. 

In summary, a GC who possesses the ability to set priorities, clarify actions, balance competing interests, manage risk, and lead digital transformation can play a critical role in enabling effective execution and driving business success in today's dynamic and uncertain environment.