Deepak Jain advocate is a double LL.M. from University of Warwick and Harvard Law School. He accrues his success in the legal profession to his wife. Being a second-generation lawyer did not affect the hard work and strive Mr. Jain did to establish himself as an eminent litigator. Presenting a few excerpts from a conversation with the very humble and self-made Mr. Deepak Jain–
Q. You have previously served as an Additional Advocate General at the Supreme Court of India. You have also been on various panels. How was your experience?
A. Yes, I have previously worked as Additional Advocate General at the Supreme Court and was also a Panel A counsel for the Union of India. I/my firm RAD & Partners have also represented other government bodies at various levels. These are, ONGC, NHPC, COAL India, Indian Railways, DMRC, GSTN, DFCCIL, NTPC, PGCIL, ITDC, GAIL India Ltd, PFC, PFCCL, REC, PCCs, UCO Bank, BOB, Canara Bank, Union Bank of India, IFCI
Working for these PSUs and PSBs has given me a vast experience in the field of litigation and has helped me appreciate immensely the power of hardwork. Young and budding lawyers should not shy away or shirk from any job because, in the long term, everything you put yourself into and how you deal with it helps shape you as an individual and always paves the way for success.
Q. How has pursuing a double LL.M. been beneficial for you?
A. Again I would repeat what I said earlier that every step taken in life shapes the road for the future. While pursuing my LL.M. at Punjab University, Chandigarh, I had the opportunity to learn from and interact with some of the intellectual minds in the legal fraternity in India.
Most of my professors held degrees from some of the world’s top law schools. One of my professors, Prof. V. Kumar, was primarily instrumental in my pursuing my LL.M. at Warwick, U.K. He encouraged and motivated me to get foreign exposure as well before stepping into the real world. This was beneficial because it helped me see litigation from a broader and different perspective.
I studied International Economic Laws in my LL.M. at Warwick and did case studies on international disputes and differences between the countries and how they are resolved. I also went to the International Court of Justice at Luxembourg and saw the functioning of this top court. This exposure shaped my thoughts towards resolving the disputes amicably and quickly and for avoiding unnecessary delays.
My time at Harvard was also spent on enriching myself with the various mechanisms of dispute resolution and was a significant influence on my outlook towards law. The detailed discussions with him and hours spent with him and other HLS faculty members on various assignments, lectures and particular case studies sharpened my skills in negotiation, resolution of disputes, conflict resolution and other challenges faced in litigation. Also, the importance of aligning the public and private interests in dispute resolution for the harmonious functioning of the civil society helped me perform better as a lawyer representing the various bodies.
Q. During these times of virtual hearings, we have found advocates being fined and penalised for failing to follow court conduct. How do you think can the importance of courtesy out of courtroom be instilled in them?
A. I believe that respect for the Judiciary, or anyone, cannot be taught in any school. One must believe in oneself, and one should always be respectful to the courts and the presiding officers at every point. Be it within the court or outside the court. Virtual courts or appearances are no different. It’s hard to believe that how one can disrespect the temple of justice. One can always criticise healthily but cannot demean by his conduct in his workplace. This shows ones attitude towards the work and institution. Be that as it may, some things cannot be taught. I read somewhere that bad attitude is like a flat tyre; you cannot go anywhere until you change it.
Q. Tell us something about the case that proved to be the highlight of your career.
A. I firmly believe that we are continuously learning and I am grateful for every case that has come my way and helped me grow as a lawyer. Beginning from when I had butterflies in my stomach while facing the Hon’ble Judges to arguing for hours having the most respected lawyers as to my opposing counsels, every case has been equally instrumental in shaping my career. It has helped me reach where I am today. I would also like to take this opportunity to convey to young minds that the importance of any case should not be measured in the fees but as an opportunity to leave your mark in that particular case and excel by doing your best. You never know who is watching you or what turnaround is just around the corner.
Q. Do you hire freshers in your law firm- RAD & Partners? If yes, what qualities do you look?
A. Yes, absolutely. I prefer to hire freshers. These are the young, raw minds, and it gives me immense satisfaction to train them in the nitty-gritty of litigation. I want freshers who are ready to burn the midnight oil and not afraid to do any work as litigation is all about hard work and hard work alone. Some of them had joined me as interns and then have gone on to become an integral part of my advocacy practice and a most valuable associate for the law firm.
So the point that I want to drive home is that the freshers/interns need to be receptive to the training and give their fullest sincerely to this learning process and success is theirs.
Q. How was your experience as a former visiting faculty at the Amity Law School, Delhi? Was it a mutual learning experience?
A. Mahatma Gandhi said: “A teacher who establishes rapport with the taught, becomes one with them, learns more from them than he teaches them.”
It was a great experience, and I think had I not pursued litigation, I would have been a teacher. I love law and also the reason I like to hire freshers. I firmly believe that sharing knowledge is very important as it helps foster personal and professional bonds and also helps me grow by reinforcing and deepening the concepts of law.
Litigation is my first passion, and teaching is the second. I learn something new from my clients, my associates, my opposing counsels, the learned judges and even from my friends, family and my kids every day. And I miss teaching because of the constraints of my profession and the limitations of the law schools too.
Q. What do you think are the essential demands of litigation?
A. First and the foremost, I think is that one should love the work he/she is doing and be ready to put in their best, which goes without saying is true for every profession. Half-hearted efforts won’t take you anywhere, and there are no short-cuts to success. Litigation is demanding, and it requires one to put in a lot of hard work, in-depth knowledge of the law and a good command over the language to put forth your arguments properly. So I think as a student, one should master his hold over the law concepts and enhance his/her language skills and then be ready to spend late hours at his work on becoming a lawyer.
And it is also essential to not be judgemental in this field. We face a lot of people across various cases, some as allies and some as opponents. Allies today can be opponents tomorrow in another case, so one has to be thick-skinned to excel at every opportunity thrown your way. And of course one has to have the right attitude, confidence and be willing to take up responsibility for whatever happens.
Q. What is your take on professionals seeking to switch from the corporate sector to litigation?
A. I think both are different sides of the same coin. We need more intelligent, efficient and hardworking people in litigation. The professionals in corporate sector should experience in-court litigation too if they can afford to because the heights one can reach in litigation has no bounds after the struggle of the initial years. The first few years on starting are very tough and full of effort, but the job satisfaction one feels is equally immense, and the social service you can do as an officer of the court is unparalleled. Every experience enhances you professionally and personally, provided one is willing to learn and move forward with a positive attitude.
Q. How do you maintain your calm under work pressure?
A. A good support network helps. I have a good team and a great partner, K.B. Pradeep, and we take up every challenge or stressful situation as an opportunity to show how we can excel and what we are made of. We take a step back if a problem seems to snowball out of proportion and come back with a fresh perspective and look at it from a different angle.
My family is my go-to place for relaxation. All the stress and worries vanish when I see my wife and kids after a long day. Whenever I have a high-stress matter in court, I close my eyes and see their faces, and I am ready to take on the world. My family pushes me to do better every day, and they are very demanding (pun intended). My mantra is to take every day as a new day and do better today than I did yesterday.