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Gauri Saraswat

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ASSN: 7597227



From an early age, the field of law captivated my attention, and I was determined in my decision to delve deeper into this intricate domain. As I embarked on my educational journey, I found myself drawn to two distinct areas: corporate law and criminal law. To delve deeper, I chose to specialize in business laws during my Master of Laws (LL.M.) studies. My professional journey took an enriching turn when I had the privilege of working with various ministries of the Government of India. These experiences provided invaluable insights into the multifaceted world of corporate affairs. Whether working with Competition Commission of India (CCI) or with Insolvency and Bankruptcy Board of India (IBBI), I gained practical knowledge that complemented my academic foundation.

1. Please introduce yourself.
I am a seasoned corporate lawyer and contract specialist with 13 years of experience. Notably, I have worked with the central government on three occasions, which has significantly enriched my understanding of regulatory frameworks. My expertise spans various legal domains, including corporate law, mergers and acquisitions, criminal law, and contractual matters.

2. What initially drew you to pursue a career in law, and what specific area (litigation/corporate) did you choose to specialize in?
From an early age, the field of law captivated my attention, and I was determined in my decision to delve deeper into this intricate domain. As I embarked on my educational journey, I found myself drawn to two distinct areas: corporate law and criminal law. To delve deeper, I chose to specialize in business laws during my Master of Laws (LL.M.) studies. My professional journey took an enriching turn when I had the privilege of working with various ministries of the Government of India. These experiences provided invaluable insights into the multifaceted world of corporate affairs. Whether working with Competition Commission of India (CCI) or with Insolvency and Bankruptcy Board of India (IBBI), I gained practical knowledge that complemented my academic foundation.

3. Can you share a few of your most significant accomplishments or successful cases in your legal career thus far?
I successfully contested a commercial dispute on behalf of Tata Steel Limited. However, I was also able to obtain relief for a client involved in a rape case. The main highlight is that my strategic use of legal notices helped my clients to settle matters amicably in order to avoid unnecessary litigation and able to finding mutually beneficial resolutions.

4. How do you stay updated on the ever-evolving legal landscape in India?
Remaining up-to-date with the dynamic legal landscape in India is crucial for any legal professional. I diligently peruse daily newspapers, focusing on legal sections and relevant articles. In addition to it, Live Law is a valuable online resource that offers real-time updates on legal developments. I regularly visit their website to access legal news, case analyses, and expert opinions. Also, LinkedIn serves as a professional networking platform where legal experts share insights, engage in discussions, and post relevant content.

5. How do you assess and present evidence in a way that effectively supports your client's case?
In the world of legal advocacy, effectively assessing and presenting evidence is a critical skill. To my understanding, facts play a pivotal role in shaping the outcome of a case. Legal arguments and statutes find their relevance and strength when anchored in solid factual foundations. During the trial stage, thorough attention to the facts is essential. I tried to delve into the heart of the matter, scrutinizing every detail to build a compelling narrative. While facts form the bedrock, the applicable law provides the framework within which those facts operate. I think a significant ground is already made when facts along with the law are aligned. Basically, the trial stage is where the battle begins, and a strong factual foundation can tip the scales in favor of justice. My plan is make the Judges focus and scrutinize the application of law vis-Ă -vis the specific circumstances. The more seamlessly law and facts harmonize, the stronger the case becomes.

6. What steps would you take to ensure thorough due diligence when assisting with a litigation case?
You are right. When assisting with a litigation case, thorough due diligence is essential to ensure a strong legal foundation. I would begin by thoroughly understanding the case’s fundamentals. This includes reviewing the Vakaltnama (power of attorney) filed by the client, which authorizes legal representation along with the pleading format specific to the court where the case will be filed. I would meticulously draft the plaint (if representing the plaintiff) or the written statement (if representing the defendant). Adhering to the prescribed format and including all relevant details is crucial. Any defects in the pleadings can be exploited by the opposite party, affecting the case’s outcome. Based on the facts and legal research, I would formulate a case strategy.

7. What are some of the biggest challenges facing a fresher litigator entering the legal field?
Broadly if I can sum up is that as a fresher especially in litigation, one could encounter the challenges pertains to drafting legal documents, addressing the court while standing before a judge and present the case can be a tactful task. Your ability to convince the court through well-structured arguments is pivotal. This includes oral advocacy during hearings and written submissions. Also getting the clients and retaining them till the final order is a real task which no one talks about. For me, every challenge is an opportunity for growth. I prefer to seek mentorship and learn from experienced litigators, in challenging situations.

8. How do you approach working collaboratively with senior lawyers and paralegals on a case?
Working collaboratively with senior lawyers and paralegals is essential for a successful legal practice. I collaborate with seniors to formulate strong legal contentions. Together, we strategize on the best approach for presenting the case in court. My role is to support senior lawyers. I assist them in drafting pleadings, researching legal issues, and preparing for hearings. Before any hearing in the given matter, I would like to engage paralegals for cross-checking the legal arguments and factual assertions. Paralegals meticulously review notes, ensuring accuracy and consistency. Their fresh perspective often catches nuances we might overlook.

9. Describe a complex legal situation you handled where teamwork was crucial to achieving a successful outcome.
Certainly! Team work is essential in every matter. In my professional journey, I have encountered a particularly challenging matter under the Insolvency and Bankruptcy Code (IBC). The case revolved around evaluating a resolution plan on behalf of the Resolution Applicant. As the legal team representing the Resolution Applicant, we needed a comprehensive understanding of the IBC’s nuances. My primary task was to meticulously assess the resolution plan submitted by our client which involved Financial Due Diligence, Legal Compliance and analyzing the practicality of implementing the proposed plan. Me and my team collaborated closely with the Committee of Creditor’s (CoC) legal team as well as with the Resolution Professional (RP). Through diligent teamwork, we successfully able to analyse the resolution plan.

10. How do you manage stress and maintain a healthy work-life balance in the demanding legal profession?
Maintaining a healthy work-life balance in the demanding legal profession is crucial. My fundamentals are very clear in this respect which is that, I won’t opt for permanent losses for short-term gains. I do delegate my works and focuses on high-impact activities which align with my long-term goals. And in cases where the situations are challenging, I would rather connect with the experienced colleagues of my fraternity as well as mentors to find out the solution to overcome it.

11. How do you communicate complex legal concepts to clients who may not have a legal background?
When communicating complex legal concepts to clients without a legal background, I prioritize clarity and accessibility. I understand that legal terminology can be confusing, so I strive to explain procedures in a simple language. For instance, in anticipation of a potential arrest, I may advise a client to apply for anticipatory bail. However, clients may not grasp the urgency or relevance if they haven't been arrested yet, or they may confuse anticipatory bail with regular bail. To bridge this gap, I take the time to make them understand that anticipatory bail is a proactive measure to prevent arrest, providing them with a sense of control and understanding. I also encourage open dialogue, welcoming any questions or concerns they may have. In few situations, I assure them that as the case proceeds, I will communicate the steps in detail and significance of such steps.

12. What are your ethical considerations when representing a client with a seemingly weak case?
When representing a client with a seemingly weak case, I adhere to is ensuring honesty and transparency with my client about the strengths and weaknesses of their case. Let’s suppose, in the matter where a client wants to pursue a property matter against their brother but lacks substantial evidence, such as original documents, I always provide realistic expectations to the client that the absence of strong evidence may pose challenges in the case's success. In the given example, despite the lack of original documents, I would explore alternative avenues to strengthen the case, such as presenting the torn and old photostatted copy of the property papers as secondary evidence. While at the same time, I would also caution the client about the limitations and risks associated with relying on secondary evidence.

13. As the world evolves, how do you think technology like AI will impact the practice of litigation in the future?
See, the integration of technology, such as artificial intelligence (AI), is inevitable and bound to have a significant impact on the practice of litigation in the future. However, it's crucial to recognize that while AI offers immense capabilities, there are inherent qualities of the human mind that cannot be replicated by machines. AI operates based on the data fed into it, allowing for rapid analysis and processing of information. This can be particularly useful in litigation for tasks such as document review, legal research. Hence, with the help of AI-powered tools, lawyers can streamline these processes, saving valuable time and resources. Therefore, I view AI as a valuable tool that complements the practice of litigation rather than a replacement for human lawyers. AI may enable the lawyers to focus their time and energy on more complex and strategic aspects of litigation.

14. What are some ways we can improve access to justice for all in India?
As of now, expediting trials is undoubtedly essential, it's just one aspect of a broader strategy aimed at enhancing access to justice. And this task can be achieved by addressing the backlog of cases which requires bolstering the capacity of the judiciary. The task of expediting trials can also be made possible with the use of ADR mechanisms such as mediation, arbitration, and negotiation which can provide faster and more cost-effective resolution of disputes outside of the traditional court system.

15. What are some of the biggest challenges facing the legal field in India today, and how can we work together to address them?
The legal field in India faces several significant challenges, and addressing them requires a concerted efforts. One of the most pressing issues according to me is the perception of the legal system as inaccessible and cumbersome, leading many individuals to prefer bearing losses rather than seeking redress through the courts. Take, for example, financial online frauds, which have become increasingly prevalent in today's digital age. Many victims are discouraged from pursuing legal action due to a lack of awareness about the procedures and guidelines for addressing such issues. Additionally, the high costs associated with legal representation further discourage individuals from seeking recovery through the courts. To address these challenges, collaborative efforts are essential.

16. Have you ever encountered a legal issue that resonated with your personal life? How did this experience influence your approach to law?
I understand that for many legal professionals, personal experiences shape their perspectives and decision-making processes, even if they are not directly related to a specific legal issue. However, I don’t recollect such experience which influenced my approach to law.

17. If you could travel back in time, what advice would you give to your younger self when you were a law student?
If I could travel back in time and give advice to my younger self when I was a law student, I would like to spending time in courtrooms. No matter how so ever the student have a solid foundation in legal theory and principles, there is no substitute for first hand exposure by visiting courts and observing legal proceedings that will allow aspiring lawyers to witness the application of legal principles in real-life situations. Understanding the significance of the documents like FIR, bail, pleadings and their relevance in legal proceedings can indeed give young lawyers a competitive edge. Moreover, exposure to courtroom proceedings fosters confidence in them.

18. If you were the Chief Justice of India, what would you do to address a specific challenge facing the legal system?
That’s such a delightful thought to even think of. As Chief Justice of India, addressing a specific challenge facing the legal system would be both a responsibility and an opportunity to enact meaningful change. One key initiative I would prioritize is the widespread implementation of virtual hearings across all courts. By standardizing and expanding virtual hearing capabilities nationwide, we can address several pressing issues facing the legal system. First and foremost, making virtual hearings accessible in all courts would enhance efficiency and reduce delays in case proceedings. Often, court dates are postponed due to logistical challenges, including the unavailability of parties or their legal representatives. Moreover, many litigants face barriers to attending court in person, whether due to geographical distance, financial constraints, or health concerns. By harnessing the potential of technology to enhance efficiency, accessibility, and transparency, we can uphold the accessibility of justice and fairness that are the cornerstone of our legal system.

Gauri Saraswat
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