1. Sir, Firstly, congratulations on your designation as a Senior Counsel by the Hon’ble High Court of Madras! Your journey must have been both challenging and exhilarating. In your perspective, what qualities do you believe are indispensable for someone striving to achieve such a remarkable position in the legal field?
Thank you. Yes, it has been challenging and exhilarating. I am enjoying the journey; it has been rewarding. I have been extremely fortunate to find a calling where I could pursue both my livelihood and my passion. What I enjoy about the lawyer’s profession is that it’s physically, emotionally, intellectually challenging, demanding, and even exhausting – driving you towards your full potential. The qualities that I believe indispensable are immense curiosity and eagerness to learn without boundaries of discipline (there’s no ‘out-of-syllabus’ in law!).
2. You've had the privilege of working under the guidance of distinguished legal luminaries like Mr. P. Jayaraman, Senior Advocate; Mr. P. Chidambaram, the former Finance Minister of India; and Mr. Vijay Narayanan, the former Advocate General of Tamil Nadu from 1990 to 1992. Could you share your insights into the experiences and lessons you gained from collaborating with these renowned figures?
- Mr. P. Jayaraman was a very kind senior who generously allowed me to handle all the cases and work that I was willing and eager to do from day one. I was allowed to appear at a final hearing in a Writ Petition on the third day of my enrolment in November 1987 (I joined his office two months before my enrolment as an advocate, though). He was knowledgeable in civil and property law. I appeared in the City Civil Court, the Small Causes Court (Rent Control matters), and the High Court (mainly Writ Petitions). He was on the panel of LIC and Andhra Bank; he allowed me to sit in meetings with clients and even trusted me to meet them independently on specific cases.
- I then joined as a Junior in the office of Mr. P. Chidambaram, who was mostly in the Supreme Court. I had the good opportunity to brief him in a couple of matters along with my immediate Senior, Vijay Narayan. Watching Mr. Chidambaram argue was a treat; the way he marshalled facts and cogently fitted them to the legal propositions that he canvassed was admirable. I realised that facts are important though not as glamorous as law. Vijay Narayan was frugal with words; he was totally focused on his work. His focus, time management, and thorough professionalism in his dealings with clients, colleagues, and court staff were definitely inspiring and enticing. I learnt to always address legal and not social or political arguments. In that respect, I learnt a lot from Mr. Kannabiran, a Senior Advocate from Hyderabad.
- I still remember, one day when I was trying to argue with Vijay Narayan on the legal nuances of a case, marginally differing with him, he said something which I remember to date, “The point, Giri is not to have a philosophical argument with the judge; but to win the case.” I laughed out loud at the truth and aptness of his statement. Such was his sense of humour – he never realised it was humour.
- In Vijay’s office at Eldarado also sat juniors and associates of Mrs. Nalini Chidambaram (Senior Counsel), a lawyer in her own right, with a large Writ practice. I had the good fortune of working with her associate, Venkatachalapathy in some of their cases, which was a source of great learning. He was thorough and incisive - he would read every word of the relevant statute and apply the same to the facts drawn from the documents presented by the client with clinical precision.
- Mention needs to be made of two others in the office: one, Parthiban, my immediate senior, who always welcomed clients into the office with warmth and a hospitable enthusiasm; and Silambanan (presently a Senior Advocate), who lit up the office with his infectious smile. There was often a lively discussion on latest judgments or intriguing legal issues that we encountered – seldom any idle gossip.
- There were many seniors who were not my seniors in the formal sense of the expression; from whom I learnt things that I could never have learnt in any law book. Chandru (later Justice Chandru) was the foremost among them. After completing the court work of Mr. Jayaraman (which was over by afternoon on most days), I was with Chandru either in court when he was arguing his cases or in his Chambers at Francis Joseph Street, sitting in on client meetings or helping with legal research.
- From Chandru, I learnt labour law and law relating to educational institutions, particularly those involving service issues of teaching staff, along with pertinent constitutional nuances thereof. But he worked on their cases with such immaculate dedication and almost always won their cases, securing their livelihoods, which they lost, rekindling their hope in the system.
- I always listened to the arguments of Mr. N.T. Vanamamalai and Mr. N. Natarajan, senior criminal lawyers. The way they formulated legal arguments, the precision of their presentation, and the attractiveness of their phrase evoked a desire to match them in the not-too-distant future. They seldom had harsh words for the brutalised police: “policemen are our brothers; unfortunately, some of them go astray due to various pressures”. I understood the importance of ‘understatement’ and the disadvantage of hyperbole.
- I also observed Mr. B. Kumar arguing a variety of cases, particularly preventive detention cases. The meticulous way in which he prepares and argues cases is delightful and inspiring.
3. Your well-established law firm stands as a testament to your dedication. Could you reflect on the challenges you encountered during the initial phases of setting up your firm and elaborate on the strategies you employed to overcome these obstacles?
Establishing and running a law firm was exciting for a first-generation lawyer like me. At the beginning, I appeared in several high-profile public interest and human rights cases in which the Public Prosecutor and Advocate General were appearing against me, a junior of 5 to 8 years of practice. I also filed and appeared in a variety of Writ Petitions, labour, service law, and civil cases.
I was keen to build a law firm that was highly professional and client-centred. I found that in many law offices, clients were treated shabbily, so I was determined that in my office, clients would be treated with dignity and listened to with respect, whether we succeeded in their cases or not. Many of them came to address problems that caused them deep agony, so we owed them at least a friendly ear, if nothing else, considering the coldness and poor responsiveness of the legal system itself.
I was also keen on taking on bright but hardworking young first-generation lawyers from the districts, who worked in our firm for several years, and today it is gratifying to note that many of them are independent lawyers with firms of their own, doing well in the profession. As first-generation lawyers, we do not inherit any practice, so it’s always other lawyers or clients, and sometimes judges who refer clients. Our practice grows by word of mouth; as our reputation grew, a wider net was cast.
I did an advanced course in Intellectual Property Rights and Patent Law in NALSAR Law University in 2008 and diversified into IPR and other areas of corporate law practice. I also began to teach the course at NALSAR Law University. This naturally expanded the practice and practice areas of the firm. Later, we serviced two of the leading public sector undertakings in the Oil & Gas sector and a leading company in the financial services sector, which gave us experience and expertise in sectors of law that were technical, specialised, and exciting.
The challenge is growth. When one starts small, one seems to remain small, notwithstanding the ambition and knowledge base. We were a retail law firm; 90% of our briefs were from individuals, not Corporation or Organisations – which is not the way to build a growing firm. We had a reputation for our thorough preparation and research, for our honesty and professionalism, and for the agility of our team. But that did not lead automatically to growth, much less scalability.
We always took in young, highly motivated law students from districts or outskirts with vernacular backgrounds and trained them into competent lawyers who pursue ethical excellence with a sense of caring for clients, which we achieved. In fact, two students who completed SSLC joined us as clerks, completed Higher Secondary and then BA, and then BL, and are today advocates in their own right, doing well in the profession. A Special mention may be made of Murugan, who joined me when I was a lone lawyer, from a very humble background, worked as a junior lawyer in my firm for over 5 years before establishing his own practice. Getting junior lawyers to read journals regularly and newspapers and other material is a challenge. Nothing is outside the syllabus for lawyers, as I always say to juniors.
And when I became a Senior Advocate and left the firm to set up a separate office in Kilpauk, I had the satisfaction of having established a law firm now managed by Partners (who metamorphosed from juniors by sheer hard work and dedication) that rendered legal services of high quality across different specialisations. Upon my exit from the firm, the firm split into two, viz. one, Giridhar & Sai, and two, PVS Giridhar Associates Law Chambers.
4. Managing clients' legal issues is a core responsibility for advocates. However, situations can arise where clients themselves become problematic and pose challenges for the advocate. Could you share your insights on how legal professionals should approach such scenarios while maintaining professionalism and ethical standards?
It is important that we lawyers be client-centred in what we do professionally. In my view, the duty owed to clients is:
- to read papers thoroughly and research legal issues;
- evolve legal options for them;
- explain in simple language about the legal options available to them, the strengths and weaknesses of the case, the approximate time lines, while briefing them of the laws and delays inherent in the system (for which individual lawyers are not responsible), and the approximate costs.
- inform our recommended option(s) and possible outcomes; the legal strategy planned to achieve such outcomes;
- allow them to make a decision on which option they want to exercise (I never make the decision for the client, though I offer recommendations);
- prepare for each stage of the case thoroughly and ensure that assisting or piloting junior colleagues are suitably trained and supervised;
- ensure that they are kept informed of the progress of the case at every stage and prepared for the next stage or outcome, which may be different or less than the one planned for or desired.
- In personally oriented cases, like family matters, be present with them and listen to them patiently to the extent necessary and then gently close the meeting if it’s too long, suggesting them to consult a counsellor if we sense that emotional work is needed.
- Document all case events and client meetings with the client’s signature where important decisions are taken;
- Insist on all important instructions being in writing and
- Inform them about the final order or outcome and what the next steps are that they are expected to take.
There are many challenges since clients come in different shapes, sizes, value-systems, and expectations. We need to be firm in the value systems we believe in, particularly in propagating constitutional values as lawyers. Many times, clients ask if judges or government pleaders can be bribed; we need to firmly inform them that we do not indulge in such practices and that we believe in preparing well and doing our cases competently and if the client wants to traverse a different path, he is free to exit the engagement. While caring for clients’ legal interests, we need to maintain professional distance and never become the mouthpiece of the client. Keeping a record of all case events, client meetings, decisions and informing him/her regularly of the progress of the case is the best insurance against the client’s unfair complaints, if any.
5. Despite your demanding schedule, you consistently find time to lecture at numerous National and International Law Universities. What drives your enthusiasm for imparting knowledge to law students? How do you believe this interaction contributes to the legal education ecosystem?
I love teaching law students and young lawyers. It also consolidates my knowledge and enhances my comprehension. In law practice, one tends to read bits and pieces of different legislations; for instance, commonly referred- to provisions of the Constitution are Art. 14, 19, 21, and Art. 246; tax practitioners refer to Art. 265; service law practitioners refer to Art. 309 and 311 etc. But when you teach Constitutional Law, you are forced to be familiar with all 448 (though the last numbered Article is 395) Articles and 12 Schedules of the Constitution. Young people bring fresh perspectives in the questions they ask.
6. Finally Sir, Your professional journey reflects a wealth of experience. Can you encapsulate your overarching professional philosophy as a legal practitioner? Additionally, for young lawyers embarking on their careers, what single piece of advice would you consider most valuable as they strive to excel in the legal field?
My philosophy is to enjoy everything I do and aspire for excellence in everything I do. I also don’t like to limit myself to one activity or call. My school teacher, Mr. M.A. Abraham at Don Bosco High School, who was my first mentor, used to say, “The more things you do, the more you will have time for more things”. I have found that to be so true in my life; so, if I like or want to do something, however unrelated it is to my profession or other customary activity, I take it up without inhibition – trekking and dancing, for example. I also believe in reading extensively on every subject under the sun, be it Life Sciences, Information Technology, Fashion, Pharmacology, Political Science, Latin American Fiction, or Black Poetry.
As a Senior Advocate, I am engaged in a variety of cases by different lawyers who bring in their own working cultures and perspectives. That is the exciting aspect of practicing as a Senior Counsel. We are able to focus on core law and have the time and ambience to go deep into legal issues, away from the humdrum of administrative and ministerial routines of law practice. Each engagement is a fresh experience. The journey goes on, and I am somewhat impatient with animated anticipation of what lies ahead.
Thank you so much for your valuable time, sir. We are sure that this interview is going to benefit and inspire a lot of young advocates!
(Mr. PVS Giridhar enrolled himself with the Bar Council of Tamil Nadu & Puducherry as an advocate in 1987 and he was designated as a Senior Counsel by the Madras High Court on 12.01.2023.)
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