Meet Advocate Kunal Yadav, an accomplished Advocate-On-Record at the Supreme Court. His academic journey includes the completion of an Integrated BA LL. B from Amity Law School, Noida and an LLM in Corporate and Financial Law from Jindal Global Law School. With a wealth of experience, he has served as a Senior Advocate at R&R Law Associates and held the position of Associate at Pinnacle Law Firm, working alongside legal luminaries such as S. R. SINGH (Former judge of High Court of Judicature at Allahabad), Ardhendumauli K.Prasad (Advocate-On-Record, Supreme Court), and with Gulati & Associates.
Q1. According to you, what can students expect from mooting as a beginner?
A1. Before I answer this question, I want to expose a myth to the readers and law students who may feel inadequate in public speaking or lack strong communication skills. The belief that “you cannot be a good lawyer unless you participate in moot courts” is incorrect. Don’t fall for this statement. Through hard work and sheer perseverance, you can become a very efficient and good lawyer. I didn’t do mooting at all in my entire 5 years, and yet, I believe I am performing well.
There is no hard and fast rule that your success depends on some moot. At this juncture, I now feel that participating in moot courts gives law students an upper edge in the long run. Moot courts are fundamental for law students as they provide the opportunity to practice and enhance their advocacy skills in a simulated courtroom setting. For beginners, mooting is actually beneficial in various aspects such as honing research, oral advocacy and drafting skills. The law students from the very first semester should start working on themselves and must avail this opportunity as it will slowly and steadily build up their confidence in communication, legal argument, writing and persuasiveness skills.
Q2. You have assisted Senior Advocate Vikas Singh, former President of Supreme Court Bar Association in a pro bono criminal matter. How does the idea of dealing with pro bono matters contribute to one’s career in litigation in the early years?
A2. This was the time when I had completed almost nine years in the legal profession and I had this wonderful opportunity to brief and assist Mr Vikas Singh, Senior Advocate, former President of the Supreme Court Bar Association, who holds glorious practice of around 30 years in the Supreme Court. He is also one of the doyens in our legal profession. I wouldn’t name the matter, but in that matter, where corruption charges were levelled against my client and in other sections, my client was roped in, we were seeking bail from the top court but it was refused. I was disheartened to see the fate of an innocent man.
For all young lawyers, pro bono affords an opportunity to learn much earlier in a career how to handle client meetings effectively and develop strategic-thinking skills on how to advance a client’s rights or protect their interests. There is no specific time prescribed as to when one should take up pro bono matters. A lawyer gets enormous exposure in trial courts while doing pro bono matters and success wholly depends upon his/her performance in courts. Mostly lawyers who have a flourished private practice, also often choose not to pursue pro bono work due to low remuneration, time management and other reasons. A lawyer must not think about the huge remuneration while espousing the cause of the underprivileged, because if he/she thinks about the money, and refuses to take up the case, then somehow it comes in the way of the dispensation of justice.
The object of Article 39A of the Indian Constitution, which talks about the Right to Legal Aid, will be defeated, if lawyers do not come forward and represent the underprivileged in accessing justice. It is seen on numerous occasions. Chief Justice of India Dr D Y Chandrachud Sir has been advocating for representing the underrepresented by way of legal aid work and emphasized espousing the cause of the underprivileged who are in dire need of justice.
After the judgment of the Supreme Court in Indira Jaising v. Supreme Court of India, pro bono work has become one of the qualifying parameters for designation as a Senior Advocate.
Q3. You have pursued your LLM in Corporate and Financial Law. What sparked your interest in the same?
A3. There was a dilemma in my mind about whether to leave trial court practice for a year and move ahead, and pursue an LLM so that it might give some benefits in the later stages of my legal profession. It certainly boosted my career if one wants to join a corporate law firm. There was a paradigm shift in my career plan i.e. from litigation practice to joining a corporate law firm.
After graduating from Amity Law School, Noida in 2012, I enrolled in a one-year LLM program in Corporate, Financial, and Banking Law at OP Jindal Global Law School, Haryana, in 2013. During that period, LLM programs typically lasted for either two or three years. I had the idea in the back of my mind that I would pursue post-graduation either while practising law or at a later time. This decision was influenced by the common belief that top corporate law firms often recruit LLM students from prestigious universities, and a successful legal career follows. With aspirations of becoming a trial court lawyer and an in-house counsel, I embarked on this journey after completing my LLM. However, things didn’t unfold as planned.
After completing my LLM, I discovered a wide range of career opportunities for graduates in the field. During my undergraduate years, I developed a slight interest in company laws and banking regulations. Wanting to explore various aspects of corporate law and gain valuable experience for the future, I decided to pursue it. I completed my LLM in mid-June 2014. At that time, I had no idea that I would eventually be handling company and IBC cases before the High Court of Delhi and in tribunals such as NCLT and NCLAT. Over the past years, I’ve had the opportunity to assist seniors in various company law and IBC cases.
Q 4. Following up on the previous question, how did you envision your career after your LLM? How did litigation happen?
A4. I was drawn to trial court practice by a quote I admire, “The law is a jealous mistress and requires long and constant courtship. It is not to be won by trifling favours, but by lavish homage,” by United States Supreme Court Justice Joseph Story. Criminal litigation trial practice initially captured my interest, and in mid-2012, I began my career in criminal law, spending two years with the law firm of Gulati and Associates.
During this period, I worked closely with Advocates Subhash and Sima Gulati, learning the intricacies of criminal trial procedures, including the art of cross-examining witnesses. I assisted in various criminal matters, such as dowry-related cases, dowry death cases, murder cases, and the 2G Scam case. In the early stages of my legal journey, I focused on reading, researching case laws, interpreting provisions, and drafting documents related to district court practice.
I initially appeared in all district courts in Delhi, handling matters ranging from complaint issues to heinous and non-heinous crimes in both pre-trial and post-trial stages. I made mistakes in the beginning, as is common in the early stages of trial litigation, but I learned valuable lessons from senior practitioners, emphasizing the importance of patience, crisis management, legal clarity, and effective argumentation.
As I progressed into my fourth year of law school, I interned at corporate law firms, including IP firms like Sai Krishna and Associates. Prior internships under Senior Advocate Rakesh Dwivedi and K.K. Manan, Sr. Advocate, Chairman of the Bar Council of Delhi, had already steered me toward litigation. My three-month internship in 2012 under the guidance of Advocates Subhash Gulati and Sima Gulati solidified my decision to pursue litigation, and I am grateful for their mentorship.
These mentors, who have been stalwarts in the legal profession, nurtured numerous successful lawyers. I am honoured to have been a part of Gulati and Associates, a law firm where I gained valuable insights that influenced my choice of legal practice in the years to come.
Q5. Having cracked the Advocate-on-Record examination, what tips and strategies do you suggest to candidates preparing for the same?
A5. As a first-generation lawyer, it is a matter of pride, honour, and privilege to become a reputed part of the highest court in the country. Nowadays, the debacle of professionalism and ethical standards dropping day by day in Advocate on Records has seriously concerned the judges of the Supreme Court. It is not like that passing an AOR Exam is insurmountable. Since I have cleared in the third attempt in 2023, it is definitely not.
The pattern of the 2022 and 2023 examinations left candidates shuddered because the whole pattern was drastically changed by the examination committee. So, I would keep tips not to be cumbersome but simple. Strategies differ from person to person, so keeping it short.
TIPS –
- Read the Practise and Procedure Book (SUPREME COURT RULES) thoroughly. Visit the Supreme Court regularly, if it is possible.
- Start writing and solving past year’s drafting papers (DRAFTING EXAM).
- Look at past year’s exam papers and make your own notes (PROFESSIONAL ETHICS).
- Go from top to bottom (LEADING CASES ALL 64 JUDGMENTS)
STRATEGIES – Your own notes will come in handy in the end.
Q6. You have worked on an array of cases and matters. which kinds of cases seem the most challenging to you?
A6. I also serve as the Counsel for the National Highway Authority of India, handling legal matters in both district and high courts. My responsibilities include dealing with arbitration cases related to land acquisition. From 2012 to mid-2023, I dealt with diverse cases in criminal, civil, and corporate law at the district, high court, and Supreme Court levels. Each case holds a special place in my memory, contributing to my growth as a lawyer and an individual. My commitment extends beyond seeking social justice to a lifelong pursuit of learning.
Among the various cases, I find matrimonial disputes and child custody cases particularly challenging. In these situations, one must vigorously defend the client, whether they are a husband or a wife, or when the case involves child custody. Mediation plays a crucial role in resolving disputes between parties. I once handled a unique case representing a retired IAS Officer, the husband, who faced multiple charges from his wife, also a retired IAS officer. The charges included maintenance under Section 125 CRPC, a domestic violence case under Section 12, and an FIR lodged under Section 498a. Despite several mediation sessions, the conflict persisted, leading the matter back to court, where it is currently sub-judice. Despite numerous mediation sittings, the longstanding marital issues between the two elderly parties remained unresolved.
For instance, some of the cases I assisted and as independent counsel argued for are listed below: –
- Acquittal of husband/client in false dowry demand case (u/s 498a, Sec 2/3 Dowry Prohibition Act)
- 12 Writ Petitions before Delhi High Court against setting aside ex parte order of labour court, filed on behalf of a management company to reinstate services of labour from date of their termination along with back wages – notice was issued and Settlement arrived between both management and employees at Later stage.
- Statutory Bail granted under the POCSO Act.
Q7. Who do you consider to be your mentor?
A7. During these 10 years, with whom I have shared my sorrows and happiness, I’ve learnt nuances of law, the art and craft of legal arguments under their tutelage, friends and senior colleagues, the list of my mentors is enormous. List tops – MR. SUBHASH GULATI AND MRS. SIMA GULATI, Sir and Ma’am (Founder of Gulati and Associates). Giants of criminal Trial Bar and also of High courts.
From the outset of my career, I have held my relationships with senior colleagues in high esteem. No matter how many times you seek help from them, they will clarify your doubts in every possible manner. I discovered it’s essential to be enthusiastic and open to learning new skills, asking for more work and being curious to learn and ask questions. I thank my seniors and acknowledge their indisputable efforts namely as Advocates Sugam Puri, Shikha, Kunal Raheja, Navneet, Khan, Shammy, Rahul, and Jatin Sapra for rectifying my mistakes in drafting and other consequential areas.
Post 2015 and till 2021, I worked with other seniors namely Advocate Vikas Arora, Ardhendumauli Kumar Prasad (AOR) (AAG, UP), Sr. Adv S.R. Singh (Former Justice of Allahabad High Court), Advocate Arvind Kumar Shukla, Sr. Advocate Pradeep Rai (Former Vice President of SCBA) Sir, gaining an abundance of experience in land, service, appointment, education, excise matters, criminal, landlord-tenant arbitral disputes, property matters. I cannot thank my seniors enough for providing me with the opportunity to argue independently in various forums/courts.
Q8. What is that one thing you wished you had learned earlier in your profession?
A8. As a first-generation lawyer, the one thing I wish that I had done initially in my profession is to diversify my social network. The importance of networking is very crucial in our profession, without which sustenance is tough for first-generation lawyers.
Q9. Lastly, what advice do you have for law students?
A9. My advice to law students would be to never underestimate yourself, or your self-esteem, work on your weaknesses, and participate in moot court competitions well. First of all, reading is sine qua non to reach the ladder of success. Don’t restrict yourself not only to Supreme Court judgments but to all the judgments of High Courts. Read as much as you can, as it sharpens your memory and mind. Jot down the legal words/maxim/idioms arising out of the judgments. Lastly, write the gist /synopsis of the judgments that you read.