Nirmit Srivastav is a lawyer at the Allahabad High Court, Lucknow Bench. An alumnus of Symbiosis Law School Pune, Nirmit also serves as the Co-Chair of the Indian Law Conclave. His interaction with Desi Kaanoon involved a fair talk about his practice, his firm Risis Legal and more.
Q. How is the experience Co-chairing the Indian Law Conclave like?
A. My experience at the Indian Law Conclave was a rejuvenating one. To engage with so many students on a one on one level was an enriching feeling. The audience at the ILC were highly inquisitive and vibrant students who were really eager to learn and prosper. It was a good time for me to reflect on my time as a law student. Although organising ILC was a compelling task but was equally fun as we had as many as 30 renowned panelists from a diversified spectrum. The interaction with these panelists was an invaluable experience as many of the professionals have become like an extended family during the course of the event. From senior partners to principal associate we had great panelists-from senior politicians to senior bureaucrats and to have them all under one roof is something that will stay with me for long.
Q. After you began your independent practice, what were the challenges you had to face?
A. Before venturing into independent practice I had a candid conversation with my senior who happens to be a very renowned senior counsel-Mr. Jaideep Mathur; a highly revered designated senior counsel who was always approachable and accessible to his juniors. We both felt that it was the right time for me to go independent. The best part of going independent was being able to face the music and that allowed me to react in my independent capacity rather than looking up to a senior for hiding space. Moreover, contrary to the general belief, the courts in Lucknow are highly appreciative towards the ‘arguing junior counsel’ so the junior counsel is always in a win-win situation when arguing against a highly decorative senior counsel because his/her effort is not only recognized but is also appreciated. Fortunately for me, I started getting opportunities to argue against senior counsels fairly early in my career.
Coming to the challenges part, when a fresh law graduate comes into practice his exuberance is very high; so much so that he /she is always prepared with the briefs. I was no different. There was often this jittery feeling of appearing before a certain judge which used to get the best out me. This for me along with adjournment being granted easily in the courts are the main challenges. More so as a young counsel the anxiety and despair is often shared by the client, which is because unlike a senior counsel, a junior counsel is more approachable and accessible to the client- meaning he is subject the client’s angst. Lastly, the heavy pendency of the cases is the biggest challenge for me as more often than not the cases do not get taken up and get heard leaving a sour taste in the mouth.
Q. You have pursued a Certification course on Introduction to Regulatory and Financial Law of the European Union from London School of Economics. What are the dos and donts for a student to make a certification course worthwhile for him?
A. I believe that life in Law school is the best time for introspection and evaluating your options and preferences. While being a student I had kept all my options open therefore it was imperative upon me to expose myself to every aspect of the industry. Therefore I interned at renowned Tier 1 corporate law firms at Mumbai and Bangalore not only to witness the magnitude of work but also to gauge their work culture with which I was always smitten, having said that I gave equal importance to my internship as a judicial clerk in the High Court. Till 4th year I was all about securing myself with a corporate law firm job, in the light of which the certification course appeared to be an exciting prospect, but it was only in the late 4th year of my law school that I realised and discovered that my passion lies in litigating and arguing for a cause in a court of law.
Having said that I can never undermine my experience at London school of Economics which has no direct impact on my current work profile, the peer group that I made there still exists even today and that is something that I cherish more than the certificate. My suggestion to any law student reading this article is whenever you are interested in pursuing a certification course just don’t evaluate the certificate on the basis of the course, but also what it offers to you in terms of your networking as well as standing among your peers. I was fortunate that through this course I had great interactions with eminent bankers as well as renowned economists, therefore one should not narrowly construe the importance of certification course as to what it bring to his/her CV but also how it will help him/her to grow and connect which goes beyond the CV.
Q. Please tell us about your role in the landmark judgement of Sri. Uma Shanker Singh v. State of U.P. delivered by the Lucknow bench of the Allahabad High Court.
A. The case of Uma Shanker Singh v. Union of India was a case of great constitutional importance for the state of Uttar Pradesh, where the candidature of a legislature was canceled by the Governor on account of alleged office of profit, but on a personal level it was a game-changer for me, as in fairly nascent years of law career I got the opportunity to use my potential to the fullest. For this case I used to stay up late; sometimes beyond the office hours of my senior and it was not only limited to research. I engaged with my senior in preempting discussions and brainstorming the possibility of a query and a situation that might arise in court. This case will always have a special place in my heart as it was for the first time I saw the senior judge of the High court removing all the cases from his board and placing this case for hearing on a day to day basis. The case was also monitored by the Hon’ble Supreme Court and I got the opportunity to interact with renowned senior counsel Mr. Kapil Sibal for a briefing of the case since he was defending our client before the Supreme Court. So overall it was the biggest learning curve in my career and often a junior counsel is left wanting to utilize his potential but this was the case where not only me but everyone who was associated with this case was left thoroughly satisfied with their efforts.
Q. As the Managing Partner of Risis Legal, you have been heading Real Estate matters. How do feel is the scope of Property Litigation expanding in Uttar Pradesh, particularly Lucknow?
A. Risis Legal is a one of a kind boutique law firm based out of Lucknow providing holistic legal solutions to clients. The firm has two other partners who specialize in Arbitration and Corporate matters. I am currently anaging and heading the Real Estate Litigation team at Risis.
The real estate litigation has become multifarious from what it was earlier, initially it was only the civil court which was the forum available with the litigants but now the dynamics have changed and decentralization of jurisdiction has taken place. So certainly the scope of property litigation is expanding and therefore specialization is warranted from the legal professionals. I expect the government to further deconsolidate jurisdiction which manifests from the model rental law which the government has proposed against the present rental laws existing in the country. Therefore in my view the wheels of change in traditional property litigation has already started spinning.