An Exclusive Glimpse at Litigation: In Conversation with Soham Banerjee, Associate at Pioneer Legal

“The best thing about being a commercial litigation attorney is the sense of satisfaction you get upon having seen a matter through from the beginning to the end,” says Soham Banerjee, Associate at Pioneer Legal.

Some believe that litigation is the 'pure' practice of law. Two advocates, each representing a client squaring off in front of a judge in a court of law, is a portrayal of legal practice we often see in movies. But how much of that representation is true?

Knowing the bare acts by memory or being able to examine case laws will not be enough to be a successful litigator. Apart from your legal knowledge, most of the litigation is about "working the court."

So, let's take a peek at a litigator's work-life through the lens of Soham Banerjee, from Pioneer Legal.

Soham’s Life at Pioneer Legal

Soham Banerjee graduated in 2019 from Government Law College, Mumbai. After learning about different areas of the law through multiple internships, he found his core skills suited to the practice of commercial litigation and arbitration.?

“At Pioneer Legal, I have been fortunate to hone and further develop my skills in the field of commercial litigation and arbitration.”?

He spends a typical day advising clients on pre-litigation and litigation strategy, drafting pleadings, opinions, and memos for court proceedings and arbitration hearings, and engaging internally with his team to discuss recent legal developments in commercial litigation and arbitration.

Litigation is not for the Faint of Heart

When Banerjee graduated from college, he wanted to work in an environment that pushed him out of his comfort zone and challenged him to find answers to complex problems. He acknowledges that litigation isn't quite as glamorous as it appears on television. It entails a lot of hard work, such as processing a case's paperwork, reading and taking extensive notes, coordinating and negotiating with the client, and hoping that one receives a court hearing and the case is resolved on time.

“The best thing about being a litigation attorney is that the learning never stops.”

Things to keep in mind while Working in Litigation

“While the need to instil confidence in clients and retain their business is understandable, do not promise them the moon and the stars,” Banerjee advises.

Working in litigation is certainly challenging and rewarding, here are a few things according to Soham Banerjee that every litigator should remember.

• It is better to be over-prepared than under-prepared.

The nature of the practice is dynamic and hence, it is always advisable to carry that one extra case law or have an extra set of pleadings in your case brief.

• Make out the entire case in your pleadings.

To avoid losing judicial time and money defending to the Court why you didn't bring forth the complete case in your pleading, make sure that the entire case is set out in the pleadings.

• Be vigilant of the limitation period.

You will not be permitted to proceed with your case until the court condones the delay and in a system where courts have heavy rosters, getting the delay condoned often turns out to be a time-consuming affair.

• Don’t over-commit and under-deliver.

Be realistic in your assessment of the dispute and inform the client of the relative merits and demerits in their case upfront.?

What skills are required to work in the Litigation Field?

According to Soham, the fundamental trait that is required to work in litigation is having thick skin. One cannot survive this profession if they get bogged down by matters getting adjourned or if they are unable to obtain relief for their clients despite having a good case on merits. It is essential to be adaptable and be solution-oriented rather than focusing on the variables that are not in your control.?

“The ability to not be concerned with what has gone wrong but to ascertain what we can do to make things right is the hallmark of succeeding in this profession. “

Advice to people entering the Litigation Field

The need for a litigation lawyer is increasing by the day on account of the transnational nature of disputes and the rising judicial pendency. In Soham’s opinion, litigation is a tough field to find your feet in, especially for first-generation lawyers. The hours are long, the tasks are complex, and the results take time to manifest. However, if there’s a passion for the job and the will to persevere, the rewards will flow automatically.

Quoting Senior Advocate Mr Sriram Panchu, “the law is not just a jealous mistress, it is a life-long marriage.”?

How has Pioneer Legal shaped Soham’s Journey?

Soham’s journey at Pioneer Legal has been a rewarding one. He says the exposure he was offered at Pioneer Legal has helped him become a more well-rounded attorney. Unlike other firms, Pioneer Legal trusts its attorneys to handle a matter from the start to the end and allows them to devise the case strategy, interact with clients, brief counsels and take ownership of the matter.?

“The guidance and support I have been offered at Pioneer Legal have helped me immensely in not only developing my professional skills but also in developing my interpersonal and communication skills.”

The highlight of the litigation team’s practice at Pioneer Legal is the weekly ‘townhall’ sessions that the team organises where the latest developments and issues in the field of commercial litigation are discussed and deliberated upon extensively.?