In Conversation With Shashank Dewan, Independent Counsel

Tell us a bit about yourself. What made you choose a career in law? And how was the experience of studying law? 

I became interested in pursuing law very early on in my life, and even though I come from a family of engineers, I can easily say that a career in law was my first and only choice. 

I went to Symbiosis Law School, Noida for my LL.B. Pertinently, for the first two years, I was struggling compared to my contemporaries. But as I was introduced to and explored subjects of law that interested me including the criminal procedure code, banking, and policymaking/research, amongst others, I started finding my ground. It also became apparent to me that my true passion was litigation. Honestly, there was no looking back after that. 

I have had the privilege and honour of working with esteemed chambers, such as that of Mrs Pinky Anand, Sr Adv and Mr Pramod Kumar Dubey, Sr. Adv. Mrs Anand’s guidance laid the foundation for my legal career and helped me realise my potential. Subsequently, it is Mr Dubey’s training, guidance and mentorship that has made me the lawyer I am today. More than anything, I am grateful for the faith and unfettered support of my seniors, because of which I have been able to start my independent chamber.

If you could suggest one reform in the legal education system, what would it be?

The foremost change, in my opinion, is to shift the focus from a memory-based approach to a more application-based approach. What one studies in law college is substantially different in practice. Learning how to apply the law to a set of facts, early on, would make for better lawyers and jurists as that is how the law is practised in day-to-day life. I also think that while civil and criminal procedure codes are taught in law school, students do not understand their application until they spend some time in court. It would help the new generation if court visits were introduced in curriculums, no matter what field one ultimately chooses. 

Please tell us about your specialization and the array of work you handle at your firm.

Even before I started practising, I was always more inclined toward criminal litigation, and that’s why I even pursued my masters in criminal law. However, my experience has equipped me to handle civil and criminal matters. Since I started my own practice, I have been handling predominantly criminal matters before the district courts, and high court of Delhi under the Prevention of Money Laundering Act, Indian Penal Code, Prevention of Corruption Act, Goods and Services Tax, Companies Act and have also been engaged to appear before different tribunals, including the National Company Law Tribunal, Adjudicating Authority under PMLA, amongst others.

What advice would you give law students seeking the best internships in their area of interest?

Internships play a key role in helping you identify your future career path. I think it's important to first realise and truly know your area(s) of interest. What you study in college is different from practice. In your first 3 years of Law school, it’s imperative that you get exposure of all fields - litigation, private practice and in-house before you finally decide. Then you can focus on the area that you enjoyed the most and select where it would be best for you to go once you’ve done your research. 

What are the top three trends that are going to rule the litigation ecosystem in India?

The Pandemic changed the way we functioned. With the help of technology, we realised that we could improve the justice delivery system by making it cost-effective with timely disposal. Artificial Intelligence is likely to come up in the litigation ecosystem. The use of Artificial intelligence in banking and other areas of business has shown benefits and reduced time and cost in operations. Similarly, law and the justice delivery system are likely to gain by the use of artificial intelligence for case dispensation, especially cases at a nascent stage or cases which are technical in nature. That said, people are increasingly opting for alternate dispute resolution mechanisms. 

 Mediation has emerged as an important tool to resolve commercial disputes amicably. The government has introduced an amendment in the Commercial Courts Act which mandates a pre-suit mediation in commercial disputes. 

Arbitration is also an efficient method of dispute resolution. The amendments to the arbitration act include strict timelines for completion of arbitration proceedings, reduced judicial interference in the process and make enforcement of the arbitral awards easier. 

Many Congratulations on joining the BW Legal World Elite 30 Under 30 Club of Achievers 2021. What to your mind has helped you get to where you are and what advice would you have for others who want to set off in a similar direction?

First and foremost, one must make all endeavours to find good mentorship. I wouldn’t be standing here today if it wasn’t for the training, guidance and support I have got from my mentor, Mr P.K. Dubey, Senior Advocate. The initial years of litigation are very challenging, and one must accept that you can only sustain the demanding role of a litigation lawyer if you have the dedication and more importantly the passion for it. It takes a lot of hard work, honesty and loyalty to the chamber to be able to learn the skills required for trial advocacy.

A small piece of advice that I would like to give to those considering this field is that stay updated with the ever-changing system that is Law. Of course, you have to spend a lot of time reading and put in those extra hours, but this is what will set you apart as every one may not be as equipped or informed.

As a final note, would you please recommend to our readers your favourite book that left a lasting impression on you?

A number of books come to mind but the most recent book which I have read is Discordant Notes:  The Voice of Dissent in The Last Court of Resort by Justice Rohinton F. Nariman and without any hesitation, I strongly recommend this book for everyone pursuing a career in law.