In Conversation with Sudipta Ghosh, General Counsel, CLP India Private Limited
Ms Ghosh your primary areas of practice include project financing and infrastructure projects. You are currently working with CLP India Private Limited, which is one of India's largest foreign-owned power company with an extensive experience of advising, drafting and negotiating project documents in the energy sector along with the execution of both conventional and non-conventional power projects in India. How has this journey been so far and where did it all begin?
My journey as a lawyer began almost two decades ago when I returned from London as a trained corporate lawyer, and it has been one thrilling ride, I dove head in into the manic world of corporate law, starting at Trilegal and then a few years at Amarchand.
At Trilegal, I had the opportunity to work with the infrastructure and energy team and was involved in advising various companies on the legal aspects of setting up conventional and renewable projects in India. Trilegal trained me in various legal specialities but the dynamics of a highly regulated power sector immensely intrigued me, and this led to the beginning of my journey in the energy and power sector.
To further hone my skillsets and knowledge of the power sector, I joined the infrastructure practice of Amarchand Managldas (now known as Cyril Amarchand Mangaldas & Associates) in 2007. At Amarchand, the learning curve was steep, it was primarily because of the quantum of transactions. I was trained to handle and manage multiple transactions at a point in time with precision and diligence. There was no room for errors!
I have been a part of the CLP team for over ten years and have had the opportunity to work closely with laureates from the legal profession as well as successful entrepreneurs and marketers across specialities. Every new challenge presented a different facet of the legal profession and the corporate world. From spending the initial years in law firms learning the nuances of contracting and corporate law, to finally heading the legal department of a global company, every profile has provided me immense opportunities of learning.
You have also worked with renowned top law firms– Trilegal and Amarchand Mangaldas. How was this experience and how did you make the shift to an in-house role.
Life at these two prestigious law firms was all about experiencing a tough fight between hope and despair, optimism and frustration, and victory and defeat. It taught me the art of multitasking and made me resilient.
After an enriching experience with the law firms, I wanted to better understand the nuances of the commercial sense of a transaction. That’s when I decided to move to in-house practice and worked towards acquiring the skillsets of being a strategic partner to the business units and not merely provide legal help. In 2009, I joined CLP India as an Assistant Legal Counsel and since then I have grown with the organisation.
As an in-house lawyer, I work closely with the business teams to establish business terms, identify legal issues and decide what type and level of risk is acceptable. I have learnt to foresee potential problems and provide a solution to ensure it is tackled at the right time. My growth at CLP India has been very rewarding. I have grown from being a legal counsel to a trusted business advisor and have acquired a deep knowledge of the power sector.
Who has inspired you the most and been a guiding North Star in this journey?
My mum. Above all else, she was a fighter and a survivor. She taught me the all-important lesson of being independent and a go-getter. She always led by example and taught me the virtues of fairness, loyalty and fortitude. She instilled in me the core values of empathy and independence; these traits, in my opinion, are very essential for a successful and fulfilling journey. If ever in doubt, all I ask is ‘What would mum say’ and I always find the right direction. My true guiding star.
You have a vast experience working in the energy sector especially both conventional and renewable projects, more specifically Wind and Solar Projects in India. What are your views on the energy sector of India. How is it faring today and what are your predictions for the future? Would you please summarily tell us the current status of the sector, the roadblocks in our path and the way forward?
The power sector, especially renewable energy is rapidly innovating and evolving. Constant reforms and regulatory changes make it a very dynamic sector from a legal point of view. In recent years, the government of India has brought in several reforms in the power sector. The government’s intent is in the right direction for increasing existing renewable energy capacity to 175 GW by 2022 and focusing on reducing tariffs further through technological advancements. Technology and innovation are key to thriving in the highly cost competitive environment and global players like CLP are best placed to offer a solution in these areas. From distributed solar rooftop to smart metering, are all steps to helping renewable energy reach its maximum potential. In line with this, CLP India remains focused on low-carbon growth by maintaining operations and exploring potential new opportunities in the power sector on the back of a strong partnership with Caisse de dépôt et placement du Québec (CDPQ).
What are the three most important things lawyers should take note of if they want to enter the energy sector.
Three most things for a lawyer to note:
Power sector is a heavily regulated sector, so it is extremely important to keep track of constantly changing regulations and be updated
Don’t label yourself as a corporate lawyer. Come with an open mind to be a lawyer with a wide variety of experience in litigation, M&A, regulatory work, financing and the entire gamut of legal work.
How has the role of a GC evolved over the years and what does it take to be a GC of your stature. Would you please allow us a peek into your role at CLP? What does this entail?
When I started my career in 2004, a General Counsel was viewed as the person who provided and managed the course of all the legal services for the company. They were often described as the gatekeepers of corporate governance. As my career progressed, the corporate world became a whole new world and with this change the role of in-house counsels, and more specifically that of the General Counsel also evolved. In today’s corporate world, the role of a General Counsel has evolved to handling issues regarding strategy and risk, in addition to standard legal matters. The role of the General Counsel has expanded into being more business savvy to give relevant legal advice.
In my view, for the in-house lawyers to understand the legal risks involved, they need to better understand how the business works. They need to understand the levers within the company. During the course of my career, I have realised that the more I understood about business processes, the more the business teams trusted that I was helping them figure out the best way to get their projects done, on time, under budget and without legal repercussions. Hence, as a General Counsel, it is my and my teams’ constant endeavour to become counsellors in the truest sense of the term, to not only prevent problems before they could materialize but to offer innovative legal strategies that support the business goals. We participate in strategic meetings and provide counsel as decisions are made, rather than to clean up the mess after they have occurred. We proactively advise the business decision-makers about regulatory change that could affect business operations.
As the General Counsel of CLP India, I am actively involved in advising the company on various legal aspects of setting up conventional and renewable projects, M&A transactions especially for the acquisition of projects and works closely with the business teams to establish business terms, identify legal issues and decide what type and level of risk is acceptable.
My next question could sound sexist, but that’s not my intent behind asking it. My question stems from the inherent social pressure on women to manage it all and I’d like our readers, especially women, to take a leaf out of your book to plan their careers.
Do you think it is equally difficult for men and women in demanding professions like yours to strike a work-life balance or do women do get the shorter end of the stick? Did you have to deal with any of these pressures?
Yes, there is no denying that the legal profession is very demanding for both men and women and can be challenging for all to balance a successful work career with a fulfilling personal life. And, yes, it is harder for women. I have two small children and personal ambitions that requires a constant balancing act with my professional life.
While it is encouraging to see the increase in statistics of women in leadership roles and at the c-suite table, would you say things have become easier or does the way to the top continue to be a journey through labyrinths and mazes for women?
The journey has begun, we are in the first leg and have a long way to go. But we are headed in the right direction and there is hope that we can achieve gender equality in the legal profession but there a lot of work to be done by everyone involved, including men and women, newcomers and stalwarts. It should be a collective goal and vision for all companies. I can proudly say that CLP has always been a leader in this aspect.
Your thoughts on issues of diversity in the legal profession.
We are yet to achieve gender diversity in the Legal profession. It’s ironical how when Women, lawyers or otherwise, argue to make their voices heard are often described as aggressive. Though, this trait is seen as a virtue in male legal professionals. The number of woman partners in law firms are fairly low.
Having said that, in recent years, the courts have made several gender-friendly amendments to the law. I also think women in the legal profession must be more proactive. They should come together to tackle issues of gender inequality in the workplace. There are many women lawyers who can lead such associations, and while it may not change things overnight, there is strength in numbers.
Ms Ghosh, is there anything you’d like to share with our readers, any golden piece of advice from the treasure trove of your experiences in the industry, success mantra or tips for lawyers wanting to move to an in-house role?
Cliched as it may sound, don’t let anyone tell you that you can’t. Dream big and focus on the goal. Also, in-house or a firm, if your core values as a lawyer remain the same, there aren’t any special traits needed for success besides commitment and hard work.
Thank you so much for doing this interview with us, Ms Ghosh. As a parting note, would you please recommend to our readers your favourite book or movie/series that left a lasting impression on you.
Jonathan Livingston Seagull. I read it as a young girl and it made me believe that if I want it enough and work hard to achieve it; anything is possible. Fortune favours the brave.
Thank you so much!
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