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LexTalk World Talk Show with Amir Bavani, Founder, AB Legal



With many years of enriching experience in the field of Law and after playing a significant role at various organizational levels with leading Law Firms, Amir Bavani in November, 2021, established his own law office, AB Legal. He brings with him sound background in disputes resolution mechanism especially concerning the aspects of Companies Act and the Insolvency and Bankruptcy Code.


He regularly appears before various authorities including High Courts, Debt Recovery Tribunal and National Company Law Tribunals. He advises significant number of companies, creditors, Insolvency Professionals and other stakeholders to effectively deal with the aspects of insolvency and restructuring process.


Interview


Host: Key lessons or experiences that have enriched you and are currently aiding you in your work profile.


Amir: The basic principle of "keep learning" is the single most motivating factor for the profession of law. Apart from this, the camaraderie amongst the fellow colleagues at the Bar is the biggest lesson of my legal career so far. Lastly, I have experienced that the importance of networking should never be neglected as by this only, one may keep her/himself relevant in the legal market.


Host: As a professional how did you deal with the challenges and also how did you figure out the solutions to counter these challenges?


Amir: Every day is a challenge and every matter/ case brings with it a fresh set of challenges. For this profession, challenge is the most fascinating factor. The challenge commences from establishing yourself in this ever dynamic field and landing a client. Then it delves into preparing the most suitable draft upon which one can argue before the court of law. The next challenge is to convince the Judge/ Bench about your case and finally getting justice for your client. The way that I take these challenges is by living the law and by putting my best efforts into each and every case.


Host: The pandemic saw some courts begin moving towards more remote proceedings and availability. Is this sustainable, and a possible way to increase access to justice, in your opinion?


Amir: Certainly, it is sustainable and in fact Hon'ble Chief Justice of India, has always emphasised on continuing the hybrid form of hearings so that we can have the best justice delivery system. Although it does have its own pros and cons as by hybrid mode, both the parties need to be on the same platform for the sake of convenience. Further, the younger lot of advocates may lose out on golden opportunity of representing before the courts as the Senior members may be better placed to tap the market, remotely. Hence, the concept of remote proceedings will come with its own set of drawbacks but looking at the larger picture of justice delivery system, it is definitely worth a try.


Host: How do you perceive India opening its gates to foreign law firms?


Amir: It is definitely a move towards the right direction. It will not only give better level playing field as far as market dynamics are concerned but would also aid the clientele with varied variety of legal professionals. More importantly, the younger members of the Bar would highly be benefited not only in terms of experience but also in terms of remuneration. Hence, opening up the doors for foreign law firms is a very positive step, provided that there exists reciprocity from the foreign countries as far as the entry of Indian firms in their territory is concerned.


Host: In the past 9 years of your practice, what all changes have you encountered in the legal system?


Amir: I think the legal system has only matured in last decade. The standards have overall improved right from the statutes till the level of orders we see these days which are very well drafted. The advocates before the courts come up with tremendous reasons and highly competitive pleadings, the poise and demeanour of arguments have also gone up in terms of skillset. Now a days we not only see clients being advised by their lawyers about mitigating risks but also by their counsels educating them about the benefits of alternate disputes resolution mechanism. The impact of all of these is that the general public, more particularly the corporates, are even more educated to evade future conflicts. I believe, we are slowly shifting from disputes resolution to disputes avoidance.

 

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