2G Spectrum Case
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This summary is written by Nandini Biswas, a student from NMIMS School of Law, Bengaluru.

Introduction of the host- Anubhav Garg

Anubhav Garg is working as a content writer and an event manager with ipleaders, He got a PPO at his internship with iPleaders for Content writer and Event manager. He is working with India’s biggest company in legal education, LawSikho (iPleaders, LawSikho and SuperLawyer have common owners). The best thing about his job is that he gets to add value and give back to the legal fraternity.

He is also working as a content writer with Taxology.

He completed his BBA LLB from Guru Gobind Singh Indraprastha University 

Introduction of the guest- Mr. Nilesh Tribhuvann

Mr. Nilesh Tribhuvann is currently leading the Firm White & Brief as the Managing Partner. The Firm is a full-service law firm, with special focus on litigation and dispute resolution, which are also the core areas of his practice. 

He has completed his BSL LLB from the University of Pune and pursued LLM in Constitution of India from the University of Mumbai.

Being trained under the iconic litigating lawyer, Mr. Mahesh Ram Jethmalani, he is well-versed with procedural as well as substantive aspects of litigation – right from litigation strategy to drafting, documentation, approach to arguments, cross-examination, briefing of counsels and support on all contentious aspects to the clients. While the core forum of his practice is High Court of Judicature at Bombay, he has been representing clients in a variety of forums that range from the Apex Court to High Courts of various states, District Courts, National Company Law Tribunal (NCLT) and other forums – both on original and appellate side. 

He has also been fortunate to represent some of the most renowned names and brands in fashion, retail and media sectors. With an end to end support in all areas comprising of non-contentious, contentious and alternative dispute resolution mechanism, his practice is a ‘one-stop solution’ for all those who wish to seek legal assistance and recourse in areas concerning contractual laws, intellectual property rights, real estate, telecommunication, media and technology laws.

Political science has always intrigued him and being the Maharashtra Legal Cell President for Bhartiya Janta Party Yuva Morcha, has given him an opportunity to spread legal awareness and further the delivery of justice to the society at large. He was nominated as “Young and Emerging Lawyer of 2015” by Indian National Bar Association. He has also presented a paper at University of Oxford, London on ‘Intellectual Property Law’ which was published in the Legal Journal of University of Oxford. 

https://lawsikho.com/course/certificate-criminal-litigation-trial-advocacy
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Summary of the Webinar- How to make a career in Unconventional crimes: Scams and Money Laundering

  • What are the prospects for young lawyers under unconventional criminal law?

There are no boundaries for lawyers in any field. In order to understand the prospect under this field, filter your geographic area, since white collars crimes do not happen in remote areas. So, if you reside in a remote area, shift to an area where there are many opportunities like Mumbai and Delhi and Bangalore. These areas will generally have special courts established that deals with the subject matter under this field.

To start learning, there are two options:

  • 1st option- join a chamber;
    • advantage- get experience.
    • disadvantage- less salary. Do not join the chamber with the mindset of earning money, go there to learn.
  • 2nd option- join a Law firm;
    • advantage- there is a hierarchy to check your work. At every step, your work will be checked and you will be told the short comings of your work. This will help you learn.  It is a desk job not a field job. You also get a good pay.
    • disadvantage- you get stagnate at one position. There is more growth of an individual practitioner than an employee of a law firm.
  • What is the demand-supply ratio of unconventional crimes litigator?

In Mumbai, almost every day some kinds of scams take place. So, there is a lot of demand. Therefore, more people are required in this field. But, there are no much lawyers or chambers to meet the demand. Demand is plenty in metropolitan cities.

  • What kinds of tasks makes up as a major portion for unconventional crimes litigation?

This is not a one-person job since there is a lot of work. A good team is needed. In a team, some who are good at reading can read the matter thoroughly, others who are good at researching can do the research. People who are professionals at drafting the arguments can to do that. Some brief the entire matter to the counsel. The counsel then studies the matter from both the aspect. So, in all there is a lot of work. But the key parts are reading the matter, since no important points should be overlooked and summarizing it and being precise while drafting.

  • Which organisations are top employers of the white-collar crime litigations? On an average, how much does a lawyer earn to represent such cases?

Such cases are usually handled by top most law firms like AZB Legal, Khaitan, White and Brief. The average package that they can earn from these cases range from 6 lakhs to 10 lakhs p.a.

  • What are the workplace challenges for the young lawyers in this career?

Only when you are experienced in this field, that is when you should take up such cases independently or that is when the law firms will allow you to represent such cases. Young lawyer should have a lot of patience in dealing with these cases since they can go up till many to many years. To start with, young lawyers should go through at least 50-60 cases to understand how it works.

  • What were the challenges that you faced when you worked with Ram Jethmalani sir?

We had to work for 16 to 17 hours a day. We were told to prepare the case brief within one day, as cases like these are on an urgent basis as once there is CBI raid, a lawyer is needed in 24 hours. The problem used to be that we had to work this hard without getting paid much as law chamber do not have lucrative packages. But the knowledge gained is absolutely priceless.

  • What advise will you give to young lawyers?
  1. More patient.
  2. More attentive to the proceedings, observe the mistakes, read whatever has been submitted in the court.
  3. Read judgements.
  4. Never lack a business perspective of looking at legal issues.
  5. Know worth of branding.
  6. Most importantly, you need to have knowledge and how to present your knowledge in the court.
  • What do you as a recruiter look for?

The CV that is sent by the interested people should cover all the facts. It is important that law students do not waste their time. Apart from college academics, it is important for them to participate in moot competitions and do internships in this area in order to know the law better.

  • What are the practical nuances that can help a lawyer grow as a practitioner in this field?
  1. Study various cases.
  2. Study the judgement.
  3. Study and understand the modus operandi of financial crimes.
  4. One should know how to represent the case.
  5. Study the law regarding financial crimes in India. 
  6. Update yourself with the changes and introduction of laws.
  7. Try interpreting the judgement.
  • What is the scope of individual practitioners in this niche?

You cannot start practicing as an independent lawyer from the very beginning. First work with a lawyer or a law firm and then think of practicing as an independent lawyer. This will help you learn and will also increase your popularity as an independent lawyer.

  • How did you make a good team?

In order to build a good team, you should know your strengths and weakness. The subjects that you are weak, hire people who are good at that those areas. For this, you can contact a job portal, they will send the CVs of interested people, and then you can hire according to your needs

  • What can be the changes that can been foreseen in this field?

There will not be many changes, but this area can emerge as the most promising field. There are more opportunities, since people are resorting to economic crimes to mint money than doing physical crimes like robbery or kidnapping. 

  • What can be done to build new skills in this field in this quarantine period?
  1. Read books about this field.
  2. Study the psychology of the criminals in this area.
  3. Read judgements.
  4. Read statutes.
  • What can we do if we know that important information about a case has not been represented properly in court?

There are two things that can be done:

  1. You can file an intervention application through the party whom you are supporting 
  2. Or you can file a PIL.
  • What has been the most interesting case that you have worked on so far?

The most interesting case that I had represented was the JNPT scam were the government was duped of Rs. 180 crore. My client was innocent and was proven so by the Supreme Court. In my opinion, the judiciary should have a liberal approach and should not view all the accused as a criminal.

  • What are the skills that makes Ram Jethmalani different from others?
  1. He used to read a lot.
  2. Very hardworking.
  3. He was thorough with knowledge.
  4. Makes his notes from the brief in order to represent any matter in the court.
  • Can I practice in rural areas in this field?

Yes, you can definitely practice in rural areas, but the cases will be less, you will learn less. Moreover, financial hubs and metropolitan cities give more opportunities to the people to commit economic crimes.

  • How to ensure personal safety while dealing with such cases?

If you feel that your personal safety is at risk, you can file an application to the court, the court will look after it.


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