In Conversation With Samantha Fernandes, Partner, Link Legal |BW Legal World 40 Under 40

Many Congratulations on winning the BW Legal World 40 under 40. How was your experience interacting with the Jury and of the event?  

SF: Receiving the award and the ensuing recognition from such distinguished luminaries was truly an honour for me. My initial apprehension of being interviewed by the eminent jurists was soon allayed by their friendly and affable approach. My interaction with them was refreshing and stimulating. The event itself was impressive, vibrant and afforded a great platform for recognizing legal finesse as well as acknowledging the accomplishments of legal practitioners. Overall, it was a motivating and an incredible experience.   

Please walk us through your journey in the field of law? When did you first realize that law was your life’s calling? 

SF: While pursuing my B.A. Economics (Hons) degree at St. Stephen’s College, I noted many of my peers had the notion that doing an MBA would be a fast track to career advancement.   Rather than just following this trend, I instead aspired for a career that would be intellectually stimulating and challenging. Economics taught me logical thinking, critical analysis and the ability to use theories, data and facts to substantiate hypothesis (much of how legal arguments are formulated). These attributes in conjunction with my passion for debating seemed to perfectly blend together in the field of law. Initially, the thought of a career in law was intriguing but also daunting, being that I would be the first lawyer in the family. Now, having embarked on this journey, I find it most fulfilling and rewarding.  

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?    

SF: In my view, the legal profession today needs to not only keep up, but also adapt and embrace the changing dynamics of a society in constant flux. The legal fraternity of tomorrow will require not only deep practice experience and comprehensive knowledge of specific business sectors but also a pragmatic, innovative approach to law to stay abreast of societal changes. As a lawyer, I envisage myself incorporating these attributes to best serve my client’s needs.  

My advice to aspiring lawyers is: Be creative – view law through a creative lens – striving to go beyond conventional lawyering. This aspiration will likely lead to greater satisfaction and fulfillment.

 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?   

SF: Green finance has been evolving in India as an effective tool for sustainable development in India’s transition to a net zero economy. Recently, we have witnessed continuous efforts by the Indian Government and regulatory authorities to create a robust ecosystem and provide necessary impetus to scale up green and sustainable finance. Several initiatives to encourage green investments have been taken and are underway – from the issuance of sovereign green bonds, acceptance of green deposits framework and introduction of blue and yellow bonds as new modes of sustainable finance to endeavours to address green washing concerns. The Reserve Bank of India also recently suggested monetary measures including lower reserve requirements for lending to green projects and targeted new schemes to provide low-cost funds to banks for onward lending to lower borrowing costs of firms operating in the renewable energy space. While there is still a critical gap to be plugged in the form of an urgent need for a green taxonomy, more supportive policy and regulatory initiatives and significant participation from the private sector, green and sustainable finance is gaining momentum and is progressing towards a mature market.  

What are the top three trends that are going to rule the legal sector for the next five years? 

SF: Firstly, I believe we are on the cusp of a major transformation due to the advent of AI and its huge impact on various aspects of legal practice like bringing efficiency to laborious time-consuming tasks such as legal research, due diligence etc. Undoubtedly, AI will spur innovations in new products and services while increasing the efficiency and productivity of lawyers. The challenge, however, will be integrating AI into the legal landscape in a way that addresses ethics, accountability and security.  

Secondly, the recent move of the BCI to open up the Indian legal ecosystem to foreign lawyers and firms is also likely to prove significant. On the one hand this affords significant career and growth opportunities for Indian lawyers, but on the other hand the ramifications of this decision could lead to unforeseen dilemmas. Finally, I think data protection laws and the tussle around it are going to dominate the legal scene. We are in a digital world which makes data a precious and vital commodity. Addressing the concerns and security of data is going to, in my view, open up a new frontier in the legal arena. 

Who according to you has been your guide and mentor in this illustrious journey as a lawyer? 

SF: My career in law began 13 years ago, when I was recruited during Campus Law Centre placements. I started as a fledgling lawyer at Link Legal, where Mr. Atul Sharma and Mr. Anand Srivastava served as my mentors. Their support, advice, feedback, and assistance in navigating the legal landscape has been invaluable in facilitating my growth as a lawyer.    

As a parting note, would you please recommend a favorite book that left a lasting impression on you? What has been your most recent read? 

SF: Among my recent selection of books, one that has left a lasting impression on me and which I highly recommend is Kafka On The Shore by Haruki Murakami. It is an intriguing and fascinating read with an overarching theme of how to navigate life’s low and high ebbs and tides. Fate may be inevitable, and how we encounter and handle stormy weather in the course of our lives, depends on our own attitude and choices. This means challenging our inner being by exploring self acceptance, self worth and self realization, as in the final analysis, we alone are responsible for how we handle our destiny.