“To handle a wide range of cases effectively, a litigator must develop a robust set of core skills that transcend subject matter.” – Nishank Tyagi, Advocate on Record at Supreme Court of India.

“To handle a wide range of cases effectively, a litigator must develop a robust set of core skills that transcend subject matter.” – Nishank Tyagi, Advocate on Record at Supreme Court of India.

This interview has been published by Anshi Mudgal and The SuperLawyer Team

Being an AOR today with nearly a decade of experience, what initially motivated you to pursue law as a career? Was there a defining factor that guided this decision?

If I was to sum up my decision to opt for law, I would say that I was running away from engineering and landed up at law school. Law was not the obvious choice for me initially. I was a science student in school and my parents wanted me to prepare for competitive exams and pursue engineering as engineering was the obvious choice for all science students, however, very early on in 11th standard in school, I realized that it was not my cup of tea. I wanted more than just a simple 9 to 5 desk job. I wanted a career which would make me look forward to work everyday and also give me an opportunity to serve the society and that is how law, especially litigation became the obvious choice for me.

In your early years, you worked with various lawyers and law firms. What were some of the experiences that laid the foundation for your practice, and how did you deepen your understanding of law during that period?

I consider myself extremely fortunate to have worked with some of the greatest minds in the field of litigation very early on in my career. After completing law, my focus was to learn the complexities of litigation and understand the world of Trial Courts. I had initially joined the chamber of Mr. Ratan. Kumar Singh, Senior Advocate where I learned about arbitration and commercial litigation which was an enriching experience. Later, I joined BAV Partners where I got to work with Mr. Vibhor Garg, whom I deeply regard as he gave me ample opportunities to appear before various courts in Delhi. Mr. Garg encouraged me to argue matters independently and to cross examine witnesses whenever required which honestly laid down the foundation of the litigator that I am today. I also worked at a prestigious law firm like Dentons Link Legal where I saw the more organized and structured side of litigation and arbitration and handled some high-stake matters under the guidance of Mr. Atul Sharma and Mr. Ravi Varma who are both luminaries of the legal fraternity. 

What challenges did you face being a first-generation lawyer?

Just like any other profession, litigation also has its share of challenges and being a first-generation lawyer sometimes puts that extra burden on your shoulders, however, I am a firm believer that first generation lawyers should stay away from these negative debates of “insider-outsider”. Thinking too much on these lines will put you in a negative loop and divert your focus from important things. Rather than focusing on other people’s plate, one should put their head down and focus on improving core skills that a litigator requires. At the end of the day consistency and hard work can beat any kind of legacy.

After almost five years in the legal industry, you took the step of establishing your own practice with Adel Legal. What inspired this decision, and what initial hurdles did you face in setting up your firm?

From day one of me joining litigation, I was absolutely clear that someday I will set up my independent practice/firm. Though it always confused me as to what should be the timing of going independent and how much experience would be enough to go independent. Later, I realised that there is no straight jacket formula to this and everyone has their own circumstances. I knew that as I progressed in the world of law firms, both remuneration and responsibilities would increase but my risk-taking capacity would decrease. Hence, I thought the sooner the better for me and decided to take this calculated risk of going independent with just 5 years of experience.

Having represented a wide range of clients, including banks, government entities, and foreign corporations before diverse judicial forums, what do you consider the most critical skills a litigator must develop to handle such varied cases effectively?

To handle a wide range of cases effectively, a litigator must develop a robust set of core skills that transcend subject matter. Analytical & Strategic Thinking, Oral & Written Advocacy, Interpersonal & Negotiation Skills are important to name a few. A litigator must have a good sense of judgment and he must know when to push aggressively versus when to negotiate or settle. Also, litigation is adversarial and often high-stress. The ability to maintain focus, motivation, and composure through long, contentious cases is essential.

With your experience in arbitrations under international institutions such as ICC, SIAC, and LCIA, how do you see the role of international arbitration evolving for Indian practitioners and clients in the coming years?

I am extremely positive about the role of international arbitration evolving for Indian practitioners and clients in the coming years. Practitioners need to stay abreast of legislative reforms, institutional rules changes, and emerging jurisprudence. Indian parties are very active users of foreign arbitration institutions for international contracts. At the same time, there is increased demand for India‑seated or Indian institutions to handle international arbitrations, which reflects growing trust in domestic institutions. The Supreme Court and High Courts have increasingly issued pro‑arbitration judgments, pushing back against unnecessary judicial interference in arbitral awards, enforcing foreign awards.

Having represented the Government of Delhi before the Delhi High Court, what has been one of the most challenging cases in your practice, and how did you approach and handle it?

Handling Government litigation often involves chasing various departments, officials and civil servants for the required instructions, which is an additional challenge. I had recently worked on a case where government land worth hundreds of crores right in the heart of south Delhi had been encroached upon and even sale deeds were executed which were used to claim title over the said land leading to loss of revenue for government authorities. However, with the correct strategy and timely instructions, we were successfully able to defend the possession of the government authorities over the said land. 

How has been your experience of working as Jail Visiting Advocate with the Delhi High Court Legal Services Committee?

I got empanelled as a Jail Visiting Advocate with the Delhi High Court Legal Services Committee in the year 2022. I visit various jails in Delhi every week and interact with prisoners to know their grievances and ensure that they get the required legal help and adequate representation before the High Court of Delhi and Supreme Court of India. I file bail applications for under trial prisoners and file appeals on behalf of inmates who have been convicted by trial courts. I have closely experienced the working of jails and have tried to contribute in making lives better for the prisoners. Overall, it has been one of the most satisfying experiences of my career.

What resources or methods do you rely on to stay updated with the latest legal developments, and what advice would you give to students aspiring to enter litigation? What habits should they build early in their careers?

One doesn’t need subscriptions of any legal database or fancy website to stay updated on legal issues. The website of the Hon’ble Supreme Court and various High Courts are good enough to keep you updated about the latest judgments and legal trends. But one must develop the habit of reading.

I consider myself a student of law and still learn from my mistakes, so I am not sure what advice I can offer but I can list down couple of mistakes I made in my career and would request my young friends joining litigation to avoid the same if possible:

  • Not doing enough internships with litigators and Judges.
  • Not networking enough from the very beginning.

I learnt it the hard way but the above mistakes can be avoided. Be Patient: Litigation takes time to pay off.

Becoming an AOR is a significant achievement. Could you share your journey towards this milestone and the responsibilities it brings to your role?

The Supreme Court of India conducts the AOR examination every year and the syllabus and study material can be found on the Supreme Court’s website. Preparation for the AOR exam was a learning curve, however, since I had been in practice for many years, that experience along with a solid strategy helped me sail through in my first attempt. Becoming an AOR and representing clients before the Supreme Court of India is a matter of great pride for me, but it does come with its share of responsibilities. The Supreme Court Rules and various landmark judgments of the Apex Court define the duties and responsibilities of an Advocate on Record. The Supreme Court only recognises AORs for the purposes of filing and an AOR can be held accountable for anything filed under his name and signature. But the biggest perk is that you get to file cases and represent clients from all parts of the country before the highest court of the land.

Balancing multiple responsibilities as an AOR and as the founder of your own firm can be demanding. How do you manage to strike a balance between professional commitments and personal life?

This is one challenge almost all litigators face in their lives, however, with effective time management one can easily wrap up work in reasonable working hours. I personally believe in putting in effective working hours and leaving office by 7pm and encourage associates at our firm to do the same. Unfortunately, at a lot of law firms working till late hours has become the new trend. I personally do not support or encourage that working style. Even in high-pressure environments, one should try to maintain core working hours and stick to them. Dinners with family, workouts, or personal hobbies should be treated as non-negotiable meetings.

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1 Comment

  1. Charu Tyagi

    Interesting and Motivating

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