The 10,000-hour rule never goes out of fashion: Advocate Pallav Mongia

Pallav Mongia, a 2009 graduate of the Hidayatullah National Law University, is an Advocate on Record at the Supreme Court of India. In 2012, Pallav was one of two lawyers who were awarded the Litigation Fellowship by the Supreme Court Lawyers Welfare Trust. .Supreme Court Lawyers Welfare Trust awards Litigation Fellowships to Pallav Mongia and Shivraj Gaonkar.In this interview conducted by our Campus Ambassador Gaurav Kumar, Pallav discusses the AoR examination, being a first-generation lawyer in the Supreme Court, and a lot more. .You cleared the AOR exam in 2017. What advice do you have for those who are preparing for the exam?.Preparing for the AOR exam is an experience in itself. The syllabus is designed in such a manner that one ends up learning a lot. The cases that you read help you re-visit the very basics of constitutional law and of the practice before constitutional courts. At the end of the preparation, you inevitably end up a better lawyer..In terms of advice, I would suggest that you start reading the Supreme Court judgements of the last two years. One or two questions will definitely be related to the latest developments.Some seniors advocates conduct sessions on the exam a couple of months prior to the date. Make sure to attend these. A lot of examinees, despite knowing the answers, don’t end up clearing the exam as they fail to complete their answers, given the lengthy nature of the exam itself. Start practicing writing fast while ensuring that the writing is legible. It will prove to be crucial..What is it like being a first-generation lawyer?.Imagine a scenario where all athletes are ready at the starting line but prior to the starting of the race, all athletes whose parents are also athletes, are asked to step forward 500 meters, and then the whistle blows..Litigation as a first-generation lawyer is pretty much like that. Second generation lawyers or children of bureaucrats, politicians and well-connected families will always start a couple of steps ahead of you. Never let that dishearten you though. For your part, run hard and give it your all. This has worked for me.I believe that while it might be harder, it is not impossible to make it big as a first-generation lawyer. It is equal parts daunting and exciting..What impact did the Justice J.S. Verma Supreme Court Lawyers Welfare Trust Fellowship have on your career?.The scholarship was a game changer for me. The nature of the chamber practice is such, especially in the initial years, that you always feel a little lost and keep questioning yourself whether you are on the correct path. Winning the scholarship was the biggest pat on the back for me. It was an affirmation that I was progressing in the right direction and suddenly all the extra work that I was taking on felt worth it. Needless to state, the stipend was a great help in those initial days..As an arbitration counsel, do you think the Indian government will take steps against the recent Vodafone arbitration award?.I can't comment on what remedy the Government of India might pursue in Singapore.In the Indian context, I don't think the government will initiate proceedings against the award because the moment they file objections against the enforcement they concede to the application of the Arbitration and Conciliation Act, 1996. The first hurdle for Vodafone is to establish that the enforcement of the award is under the aegis of Arbitration and Conciliation Act as there are judgements wherein it has been held that the awards passed in investment treaty arbitrations are not 'commercial' in nature making the Arbitration and Conciliation Act inapplicable. Therefore, strategically, it may work out better for the government to wait for vodafone to take the first step..Furthermore, assuming that Vodafone does succeed in establishing the applicability of the Arbitration and Conciliation Act, 1996, the government will have a good defence under the head 'public policy of India' as the tax was imposed retrospectively in the exercise of its sovereign power..Alternatively, if the government decides to honour the award then that would be a policy decision of the government..Solicitor General Tushar Mehta recommends Indian government to challenge PCA award in Vodafone tax case.You have worked in the chambers of Justice L. Nageswara Rao (when he was a senior counsel) and senior counsel Jayant Bhushan. How have these been different from working in a firm like Karanjawala & Co.?.When you work in a top firm like Karanjawala, you get exposure to big matters from day one. The client comes to you with a problem, you discuss and strategize it and ten file it before the relevant forum. I was in Ms. Ruby Ahuja’s team and just observing the way she led the matter was a masterclass in practicing law. From the time you meet the client to the first hearing in the matter, numerous hurdles arise in the form of difficult legal propositions, dealing with the registries, timely listing, and so on. A good law firm, however, inculcates in you the attitude of never giving up, and always finding a way around. This was my first lesson and forms the foundation of my legal practice..On the other hand, the time with a senior advocate teaches you how to reflect on all aspects of the brief and develop the winning arguments. As Mr. Fali Nariman was advised by Mr. C.K. Dapthary ‘Always remember, Fali, it is better to spend more time thinking about a case than merely reading the brief’. In a chamber practice, one gets a lot of time to deliberate and discuss the brief and working with a senior counsel affords you the opportunity to enhance your thinking prowess..I still remember the drives to Court with Jayant sir and late night conferences with HMJ Rao sir. Discussing arguments with them, day in day out, was like playing chess against a grandmaster. You lose on most occasions but are bound to leave the table a better player..What advice do you have for those who are planning to take up litigation?.They say that you are always being watched. So my advice is always put your best foot forward. You never know who is watching you. Most of my clients are those who have seen my work and then come to me for representation. At the end of the day, you must believe that your work speaks for itself..Mr. Nariman starts his book ‘Before Memory Fades’ by saying that out of the blue you meet people who lend you a helping hand when you need it the most. I have been lucky to meet some of those people. Most of it is hard work but some of it is just serendipitous..Have a circle of 3-4 colleagues who share your passion for law. Discuss your matters with them. Help them out and seek their help. Reflect with them on bad days. It acts as a great support system. Lastly, always remember to find joy in a draft well done or a brief well argued because at the end of the day you are here because you love law and not for anything else..My parting two cents would be that the 10,000 hour rule never goes out of fashion. Even if you are an introvert like me, work is bound to come if you are good counsel. Focus on honing your skills and being the best version of you, everything else will fall in place.