Kaustuv is a fourth-generation lawyer associated with the prestigious law firm, Fox Mandal sharing a very long history. His association with the firm is since 1982. He has substantive experience in handling infrastructure construction-related disputes, labour and human resources issues, company matters, transfer of immovable property-related issues, testamentary and intestate succession issues, writ matters under the Indian constitution, etc. With law degree from Calcutta University and registered with Bar Council of West Bengal. He is well known face in labor and commercial law advocacy. He practices mainly before courts in Chennai and West Bengal. Indian Law Watch got the opportunity to capture insights of his long journey for our readers.
Indian Law Watch in conversation with Kaustuv Chunder, Partner, Chennai Office of 125 year old law firm, Fox Mandal
1. A very old association with a firm of great repute within the profession and beyond. How would you describe this journey of yours till date with such an organisation?
Answer: I would describe this journey as immensely enriching and quite satisfactory in true sense. A firm having a glorious legacy of 125 years would certainly have so many great things to give. We always have the eminent professionals most admired in the legal field and we have the right team to lead. To have a long journey with this combination would naturally have a huge motivating factor. I have cherished it truly.
2. Whether entering into the legal profession chosen by destiny or an option of personal choice. Please elaborate on the legal legacy of being the fourth generation lawyer associated with the firm for our readers? How far you have diverted from the journey undertaken by the members of other generation?
Answer: Being the fourth generation in this profession, I was fairly climatized and was already fond of the associated challenging excitements. There was never any compulsion from any quarter in any manner; therefore I would term it as my personal choice rather than a destiny. The profession has always been dynamic and it has never been static. There is certainly an established path created by members of earlier generations, but the dynamism in the fast changing world always demands the need to go further forward. The focus of legal needs in any given decade would certainly be different from its earlier decades. As very simple examples; the legal needs in the field of technology transfer, or in data protection, or in energy sector etc. to name a very few, are emerging subjects and, these are highly specialised; so the focus goes on changing. Even conventional areas like mining, steel, shipping or logistics are also having an ongoing rapid transformation. Simultaneously the legal psychology is also changing. The journey can’t be the same as undertaken by the previous generations but what we learnt from them is that it needs dedication and adaptive mindset for enjoying the change. I won’t say it’s a diversion, it’s rather moving forward.
3. What are the most memorable legal issues nationally or internationally handled in litigation and corporate dispute resolution practice in your journey so far?
Answer: In my almost four decades in this profession, I have come across numerous legal issues of diverse nature. It’s not easy to pinpoint one or two as most memorable. However, looking back I can mention one pretty old case without defying any confidentiality. The core issue was one corporate member of a (earlier) section 20 public company used and published the word “unscrupulous” in relation to one distinguished committee member of the section 20 company and consequently a suit for defamation of very high stake was filed in Hon’ble High Court. The hearing continued for more than the week and a whole lot of legal luminaries appeared for both sides. That the meaning of the word “unscrupulous” could be different in different scenarios and in different contexts and that in certain contexts it might not be defamatory at all; was sought to be established by the defence with the help of truckloads of dictionaries and judicial precedents of both national and international contexts. In the end both the individuals were caused by a senior attorney to shake their hands over whiskey in a leading social club. The case had an end on the next day and the issue couldn’t have a judicial assertion.
In corporate dispute resolution one case I may mention, involved a world leading Water and Affluent Treatment Company in dispute with a Public Sector Company in oil sector and the arbitration involved diverse technical issues starting from functioning of affluent treatment plants, destructive bacterial compositions in oil sector affluents in different conditions; and ending with non-performance of obligations because of force majeure. In between there were issues from chemical analysis of affluents to the composition of water. It was a complete foreign subject for me and for the senior counsel as well, and I had to struggle for several days and nights to have a workable idea of this unfamiliar issues. The hearing went on for days and in the end the Affluent Treatment Company won to an extent.
There have been several other unusual cases which created some impact in my professional thoughts, but, because of various reasons including client confidentiality further elaboration is not feasible.
4. Since you practice in labour disputes specifically an important core area even for high economic returns to the industry and the country. To practice as a skilled professional in this area, what would you advise to the young practicing lawyers?
Answer: Although I have been handling diverse legal issues, labour disputes was one of my core subject from the beginning of my career as I have had the opportunity to handle numerous labour law related cases in the firm and also the privilege of working with legendary Sr. lawyers in this field. In my view, labour laws are very dynamic as well as the psychology behind it. Since labour force is an integral driving force in any industry or commercial activities and one of the pillars of the economy, there needs to be a proper balance between protection of labour interests and the larger industry needs. These two are interdependent and one can’t survive without the healthy other. In legal arena, the focus ought to be objective and on a macro-level. A lawyer shouldn’t be swayed by emotions and personal dislikes. My suggestion in this area is to remain unemotional and objective with an adaptive mind.
5. Do you feel the LL.B course and practice under well-trained lawyer is sufficient to train students to handle the labour dispute considering their complications? If not, what should be the ideal training track for interested students who want to excel as labour dispute resolution professionals?
Answer: A proper LL.B course and training under specialist labour-law professionals is the most sought-after traditional path for training of law students, but, in my view exposure from different sides of the disputes would certainly bring maturity and impartiality and that is what counts. I have no knowledge of the depth of training in labour law in many of the law institutions. However, hard work under an experienced lawyer and appropriate exposure would be essential to shine in this field.
6. Since you have a very long journey with the bar, how do you feel legal profession has grown since your joining especially the practice in West Bengal and Chennai where you are presently based?
Answer: The growth in the legal profession is significant. This is because of a variety of factors such as, growing complexity in industrial activities, application of cutting-edge technology, fast globalisation, changing philosophy etc. This is a fantastic growth, generating wonderful opportunities for professionals. Barring few specific regional focuses, the growth situation otherwise is practically similar in most places including Chennai and Kolkata.
7. What are the basic disciplines as a lawyer you follow in your daily routine?
Answer: The most fundamental discipline I would follow is never to mix professional feelings with personal side of things. To give a very simple notional example – keep two jackets, one professional and one personal. Put on the appropriate jacket at appropriate time. I feel it’s all about the correct mind set. Although this might be difficult at the beginning but determination and discipline should make it possible after a period of time.
8. What is the biggest change in law firm since your joining? Since when you got associated with Chennai office. What is the total strength of the Chennai office? Any unique practice area catered by the firm or the Chennai office? Any plan of the firm for international expansion?
Answer: The biggest change in most of the full-service law firms now is the need to have specialised verticals and specialised approach. I joined Chennai office in 2004. Presently we have about 35 professionals and our support team. The Chennai office can boast of excellent specialisation at least in three different fields – Corporate, Infrastructure and Real Estate, in addition to our dedicated practice area in energy sector related works particularly in renewable energy. Likewise we have exposure in logistics and in litigations including alternative dispute resolutions. International expansion is obviously a need felt and we are working on the thoughts.
9. How did the COVID impacted work and working style of the firm. Does the firm provide any work from home option to employees post normalcy?
Answer: The Covid pandemic has impacted work in many ways. Many projects in different sectors got temporarily suspended or slowed down and the overall situation affected professional activities. Works in Courts, especially in lower judiciaries got severely impacted. We also had to keep our office closed on several occasions, had to work with limited strength in office, and had to introduce work from home. We did work from home extensively, but I have my reservations on home options post normalcy.
10. Any book authored by you? Any award or recognition, you would like to share with our readers?
Answer: No, I haven’t authored any book or received any award. Apart from recognition from my colleagues and my clients, there’s nothing else to share.
11. Who is your role model in the field and what qualities of them inspired you as a professional?
Answer: My father, because of his dedication and fearless integrity in the profession and later Mr. D. Mandal, a senior partner of our firm; both of whom influenced my mindset to a large extent. In professional works I can think of boldness, commitment and objective focus because of these two mentors. These are the fundamentals of any profession. We may learn law through exposure and working with different specialists, but in order to apply the knowledge effectively there has to be a fundamental base, which in my case was founded by these two mentors.
12. Legal practice is a time investment profession, how do you maintain your work life balance?
Answer: The legal profession is undoubtedly a time investment career. But that’s what is in a number of other professions as well. We need to strike a balance somewhere and need to take break beyond the line. While enjoying personal life we must dissolve in it keeping aside all professional thoughts. This is again establishing the mindset.
13. Any suggestions towards strengthening of legal system, legal practice in India from litigant perspective especially post COVID? What do you feel can be done for time cost satisfaction of litigant in approaching the legal system in general.
Answer: Post-Covid certain changes are inevitable. It has been a bad phase for the people seeking legal remedies. But it also taught us that administration of justice can be strengthened by application of modern technologies. The facilities provided by the modernization of technology should be spread across all courts and tribunals. If highways and roads can be constructed throughout the country, why not technology highways and roads also ? Initial teething problems might be felt for some time but the teething problems are there in any new venture. Technology should be made available also in various designated places so that the litigants need not commute from far distance to seek justice. Professional works even in non-litigation areas, can also gain tremendously by application of technology.
14. As is reflected in firm profile, the firm is doing social legal services activities since 2010. Can you reflect upon such activities taken by the firm in Chennai where you are based for any stakeholder in need to approach?
Answer: We have been doing quite a number of social legal service activities in different sectors including for several NGOs. I have done quite a few works in medial sector in Chennai. We also do pro-bono works for individuals who are in actual need for the support. When a professional feels that some work needs doing and the client actually needs support, other considerations become less material. In my view, job satisfaction is something which is the motivating factor behind going forward. Anyone in need of legal support can approach our firm. We are always available through various mediums.
15. What is the recruitment policy of the firm? How can young legal minds interested to learn from such reputed organisation apply to the firm for recruitment to various positions?
Answer: We have a centralised recruitment team and usual recruitments are taken care of by the team. The applications and CVs are carefully saved in our system and depending upon the need or vacancy, appropriate candidates are shortlisted for taking the process forward. In exceptional cases, we look for direct requirements. We also think of lateral hiring based upon the skill of the professionals. We always encourage the professionals to excel their abilities and we certainly recognise their talents. I would advise the young legal minds to send their applications to the recruitment team. They may also help themselves by some ground work to get some knowledge about our immediate need in any specific office.
16. Last but not least, what is the most motivating quote of your life and your message to law students and especially to those young legal minds that are building their practice in commercial law?
Answer: There is a Latin proverb “Integrity is the noblest possession”. I would invite the bright young professionals to feel the implication. The want for excellence is not limited by the sky. In concluding, I wish all the best for the young legal minds.
