A few people are fortunate to live the dreams that lie enwrapped in their eyes. Mr. Tariq Khan is one such person from the field of Law. At a young age, he has already found place among Forbes Top Individual Lawyers (India), 2021, BW’s Youngest Top 40 Under 40 Lawyer, 2020 and Fortune 500 (India). This has not blemished his love for writing and academics as he continues to work for the students and pen down burning issues. Here’s Desi Kaanoon’s Editor-in-Chief Priya Chaudhary in conversation with Mr. Khan-
Q1. From securing a place under Forbes Top Individual Lawyers (India), 2021 to BW’s Youngest Top 40 Under 40 Lawyer, 2020, what do you think has contributed the most to these honours?
A1 I consider myself really fortunate to have been recognized for these honours amongst many established professionals in the country. I feel humbled for my work being recognized. For the past few years, I’ve worked significantly in the field of arbitration and it has always been my endeavour to contribute to the jurisprudence of arbitration in India as well as globally. For the said reason, I’ve been writing on issues pertaining to arbitration on which there is a dearth of literature. Moreover, I frequently write on the latest developments in the field of commercial law, MSME, insolvency law, etc. so that practitioners, students and other stakeholders can benefit from the same. I have also delivered lectures both domestically and internationally in various law conferences and events organised by domestic bar associations, law schools, ADR centres in order to promote ADR as a preferred mode of dispute resolution. Last but not the least, being an academician for the past seven years in some of the prominent law schools in India has helped me grow both professionally and personally. In a nutshell, I believe that these factors have played an important role in contributing to these honours and awards.
Q2. Perhaps you are most adored by law students as an academician. How did this path come in your life and how has the journey been far?
A2 It was while pursuing my degree in law that I realised the importance of the role of a professor in the overall development of a student. Unfortunately, law students are not taught the practical aspects of law as a result of which they find it difficult to apply the law to a given set of facts. Further, they are not taught the method of applying for internships or even the basics of drafting a proper cover letter. In our country, the focus is on making law students only good lawyers but not good advocates. If you train students by the conventional method, they would become good lawyers but advocacy is a skill acquired either by gaining practical experience or by being trained by someone who has the relevant expertise and practical experience in the said field. This was the sole reason I took up teaching as I wanted to give back to society by training young lawyers and getting them acquainted with the practical aspects of law which I personally feel is very important to improve the quality of the Bar. Teaching also helps me in staying abreast with the latest developments in law and brainstorming with some of the brightest young minds has helped me broaden my horizons as a professional. It is because I have been on the other end of a dearth of practical and pragmatic lessons that today I do my best to involve my students in cases I face on a regular basis and guide them in applying the law to the facts rather than reading out of a book. Thus, I derive immense pleasure in using my experiences to help law students gain a better understanding of their approach whether in law school or in their careers.
Q3. Owing to your role as a former Partner at a leading law firm like Advani & Co., can you please elaborate on what the work pressure at law firms is like and how freshers can deal with it?
A3 To be honest, there is no straight jack formula to determine the work pressure at firms. This scenario differs from firm to firm and especially in how every individual team perceives it. Speaking for myself, I thoroughly enjoyed my time as an Associate and later on as a Partner at Advani & Co. There were times when we had to burn the midnight oil and there was a lot of work pressure and then there were days when we had very little work. I am someone who is very passionate about my work and enjoys working on a myriad of cases. I had the good fortune of having wonderful seniors and a good team which added to my journey filled with interesting and eventful experiences. Though some of my colleagues from different law firms have expressed their dissatisfaction with the work pressure they face on a regular basis at their firm. Therefore, my advice would always be to pursue your passion which would invariably make work more exciting and less stressful. I firmly believe that every experience and every challenge that comes your way will give you the strength to put your best foot forward. I strongly recommend not to let the challenges in your way overwhelm you but rather take it as a learning step towards honing your skills and further building your confidence in this career. At the end of the day, these experiences and the knowledge you acquire in this journey will be your companion in a profession which requires you to be on your feet.
Be humble and be willing to work and learn. The idea is not to make excuses but to make your work your passion.
Q4. You’ve actively contributed to law portals like Live Law and Bar and Bench. How do you think law students can voice their opinion on such portals in a quality way?
A4 Live Law and Bar and Bench are some of the popular legal portals which have a wide circulation. Hence, they are very particular about the quality of the content they publish. A few things law students can consider while writing for such portals are :
- Write on current issues.
- Choose a topic/case on which no other article has been written earlier.
- The quality of your article should be par excellence, being original and properly structured. Make sure it is short and crisp and that it does not exceed 2000 words.
- Remember that the end goal is that your readers benefit from your work.
- Read a lot and read everything on your proposed topic. For instance, reading all judgements from the inception of a given legislative provision must be the foundation of your research.
I would like to emphasise how important it is for law students to read and read a lot. It is not enough for us to be satisfied by just reading mere sections. I personally have spent my initial years just reading judgements to the extent that I remember a few of them even today. This helped me in speaking the language of law and especially implementing the same in my moots. Train yourself to read in-depth which would help you simplify the law and its language, first for yourself and then for your audience.
Q5. Having acquired a splendid experience in International Arbitration yourself, how would you guide readers to pursue a career in the same?
A5 Arbitration is no longer an alternative but a preferred method of dispute resolution. In the past few years, we have seen a tremendous rise in arbitration cases in India due to which arbitration has become a popular career choice. As Mr. Fali.S. Nariman has rightly said that the future of arbitration is bright but only because the future of litigation is not.
If you are passionate about arbitration, you should be ready to deal with voluminous documents. Arbitration gives you huge scope to develop your skillset. Once you are certain that you’d like to pursue a career in arbitration, start interning in firms and institutions which specialize in the said field in order to get familiar with the procedure followed in arbitration. Nowadays, there are various modern concepts in arbitration that have evolved such as maritime arbitration, sports arbitration, BITs, etc. I strongly recommend that you develop a niche in a particular field of arbitration that would benefit you immensely in your career. Simultaneously, enrolling oneself in courses regarding the area of interest would further contribute to expanding one’s horizons. These steps help you align your CV in a manner most favourable to you when you approach a firm for work in arbitration. Do it when you are confident about it, and be clear about what you are getting into. And the most important thing is to follow your heart.
Q6. A few of your posts talk about rejections as a lawyer and a law student. How would you suggest students cope with rejection and failure? (Considering the setback owing to the pandemic)
A6 Having experienced failure and rejection as a law student and as a lawyer has pushed me towards my dreams. Over the years, I have learnt that it is the failures in life that teaches us the value of success and above all, gratitude. Therefore, do not fear to fail and do not forget to be grateful for everything that comes your way. Use your failures as the driving force behind your goals. The ongoing pandemic, if anything, has taught us the importance of staying healthy and remaining positive. I understand how dreadful it must be for all those looking for internships and jobs in times like this but I’d like to tell you that a rejection of a job is not the end of your story but the beginning of your comeback story. Learn to deal with failure rather than letting it drag you into negativity. Lastly, it is important to remember that everything you’re not will make you everything you will be!
Q7. You have been quite vocal about the meagre salary paid in litigation is what deters law students to pursue litigation. Do you think tier-3 and below law schools can contribute well in preparing their students for litigation?
A7 Over the past few years, I have met some brilliant young minds and, if they had pursued litigation, they would have made valuable contributions to the Bar. Unfortunately, they give up on litigation because of the meagre salary which makes survival difficult for a young lawyer in a metropolitan city. In the interest of improving the quality of the Bar, it is imperative to fix the minimum salary for young lawyers. In a way, this ensures that young lawyers do not have to struggle to make their ends meet.
The current education system fails to familiarise law students with the realities of courts and the practicality of law as a career. Lectures by eminent jurists and lawyers from the profession should be encouraged in law schools to inspire and enlighten today’s young minds to take up litigation in this noble profession.
I am also humbled to be a part of an initiative by the Confederation of Alumni for National Law Universities (CAN) Foundation named ‘Dhananjay’ which aims to encourage young lawyers to take up litigation in the initial years of their career. This initiative provides a monthly stipend to ambitious NLU graduates from Economically Weaker Families at the beginning of their practice in the Courts of Law.
Q8. How has your alma mater, JAMIA MILLIA ISLAMIA, helped you carve a successful career?
A8 I joined the Faculty of Law, Jamia Millia Islamia at the age of 18 amidst challenging economic circumstances. To outdo me, I would participate in debates and other co-curricular activities and eventually became the Convener for my college’s Literary and Debating Society. In the beginning, I was someone who was averse to reading, had stage fright, and wasn’t very vocal. But those five years of my life at Jamia have pushed me to always put my best foot forward. Yes, coming from a college that did not have the best support in terms of placements, internships or even a concrete alumni network, it was difficult for some of us but it was these harsh realities that got me familiar with hard work and determination. Even when I was employed by Advani and Co., I was a novice in arbitration but that didn’t deter me from constantly learning and working towards improving my skill set. Today when I look back at my years in Jamia, I know that it has moulded my foundation with humility and perseverance and has given me the wings to always think out of the box and to expand my horizons. As I firmly believe today that there are no shortcuts to success and there is no substitute for hard work.