Interview: Advocate Abhishek Taneja | IBC and Arbitration Expert

Abhishek Taneja holds a law degree from Amity Law School, Delhi, affiliated with GGSIPU. Previously, he served as a Law Clerk to HMJ Tara V Ganju, contributing to the drafting of 10-15 reported judgments. Presently, he practices independently, focusing on IBC (Insolvency and Bankruptcy Code) and arbitration cases.

Interview: Abhishek Taneja | Advocate

We recently got a chance to interview Abhishek Taneja. Here’s the transcript of the Interview: Abhishek Taneja

Legal Bites: What inspired you to take your first job as a law clerk under a High Court Judge?

Abhishek Taneja:  The reason I chose to work as a law clerk under a High Court Judge, driven by my passion for studying law, inspired me to pursue a career in legal research. It allowed me to closely assist a lawmaker who not only interprets but also shapes the law. Additionally, I aimed to adapt and learn from the strategies of senior counsel in court, believing it would benefit my future. Moreover, I sought to acquaint myself with the workings and daily operations of the court.

Legal Bites: Can you walk me through a typical day in your first role as a law clerk for a judge?

Abhishek Taneja: On my first day, I was already assigned a handful of duties that required me to brief the judge on the answers to the questions before the court began, and they were related to the case briefs. Later that day, I was assigned to make court notes, briefs, and orders. On the reserved judgments, I was asked to conduct research, write a brief draft, similar to a short note, and summarize it for the judge. Then orders were meant to be completed within that time frame. I was also required to produce a case brief regarding the topic mentioned the other day.

Legal Bites: What were some of the biggest challenges you faced in that role, and how did you overcome them? Also, according to you, how should a new person be prepared for it?

Abhishek Taneja: The first challenge that I faced was reading. Also, the vocabulary you’re using in your sentences should be to the point and basic. You shouldn’t use difficult words just to enhance the sentence, which might make it more time-consuming to understand. You should brief it in such a manner that the judge understands it.

To overcome this, I used to read a lot of cases and judgments that gave me an idea of how the judges write and research a lot, since now we have a good online platform where everything can be easily accessed.

Make sure to have proper knowledge about the particular law and also thoroughly read and research it. One should be sure about what they’re saying.

The amount of research needs to be put into a lot of hours, and this is expected of everyone who is pursuing law. Make sure to focus on the time you’re investing in the work and not be unprofessional about it.

Legal Bites: What advice would you give to someone aspiring to assist in drafting judgments?

Abhishek Taneja: Assistance in drafting judgment will only be helpful when you’re thoroughly aware of the law and the facts of the case. You should know how to read a case file. I am grateful to Justice Ganju, who helped me learn how to read a case file.

You should know your case by first reading the index, which will help you understand the annexure and in what cases the petitioner/plaintiff is making the case. Then, read the plaint or petition, which you should relate to the annexure and tally the whole thing with the plaint, and you’ll learn about what he is saying and also what the defense and the judgment should be.

Your major part is how you’ll brief the case. If you know what a person is saying in his application and you’ve allied it with the annexure, you can give a complete picture to the judge about it.

The lawyers do their general task, and your job is to prepare a neutral part from both parties’ sides properly so that the judge can easily make a decision. Your job is to combine both arguments and give the judge a complete composite picture so that the judge can make its own decision. You need to make the job of the judge easy.

Legal Bites: Can you discuss a memorable case or legal issue you worked on and its impact on you?

Abhishek Taneja: The GO AIR 6626/2023 case changed the whole opinion as there were 14 petitions and each petition had 10,000 to 20,000 pages, and what the judge needed to do was form an opinion on the subject matter on which there was no settled law. Forming an opinion was a task because I needed to make sure that she received proof of the thoughts she was having about the case.

We need to provide a lot of cases and research. Even if you visit the judgment on the very last page, you’ll find my initials and also 50–60 cases that we referred for the particular judgment to form an opinion.

The task was to navigate through 14 petitions, and each petition had a different set of facts but the same common law points. There were so many pages, which I was afraid of. While assisting this case, I remembered we wrote five different sets of judgments, and they were on different law points.

The challenge was to discuss every law point, Article 226 jurisdictions, the NCLT jurisdiction, modification of orders, and the merger of the judgments, so a lot of discussion on complex issues of law had to be done. That was frightening, but interesting because of the passion I have for law and what I had to do with Justice Ganju.

Legal Bites: How did this experience contribute to your professional growth?

Abhishek Taneja: Through the GO AIR case, people got to know me and started asking how I assisted the judge. The experience helped me understand how to read a case file, how to navigate through case files easily and effectively, how to navigate through the case laws, improved my research a lot, made me understand how to relate the facts of the case to a judgment in a particular party’s favour, and is still helping me in my career.

Legal Bites: What motivated you to transition from a law clerk role to becoming an independent legal practitioner? What advice do you want to give to people who want to opt for the same?

Abhishek Taneja: It is a noble profession and teaches you a lot, but at the end of the day, it was my dream to become a litigator and an arguing counsel. At a particular time, I had to leave my job as a law clerk and continue my journey as a litigator. Justice Ganju was very supportive and helped me transition from a law clerk to a litigator, as they’re two different roles.

This is the decision where someone has to make it on their own by deciding if they are ready to enter the bar side of the court and start arguing the cases. According to my experience, I saw and learned most of it as I saw division bench functioning, assisting Justice Ganju in single bench, assisted in the administrative side of the job as well, and also in speeches, different jurisdictions like arbitration, Article 226 writ petitions, suits, trademarks, and patents.

I experienced what I wanted to do, and obviously, there is a lot to learn in law though I made most of it through that. But there is a certain point in a career where I want to take on new challenges and not do the same work and procedures that I carry forward every day. And that was the time when I decided I wanted to opt for my profession as a litigator.

Legal Bites: As a young independent legal practitioner

, how should one know how to build trust among clients?

Abhishek Taneja: You should have exposure and experience. You should show them you’re capable of it, but you should work hard for it, and you need to build that calibre in front of them.

In my recent experience, I want to tell you that a matter was supposed to get represented, but my senior was not able to do that, and he briefed me on the case where I won the favourable order through the argument leading the client to want me involved further and seeking my opinion. You need to present a case where your client is happy and satisfied with you. Also, give a clear picture to the client about how the case is and what the chances are.

Legal Bites: What specific skills and knowledge do you possess that make you a valuable asset in handling IBC and arbitration cases?

Abhishek Taneja: I think my confidence and clarity of thought help me project my case. Also, my previous work helped me read a case file and interpret a law in that particular case. I think this set of skills will be sufficient for any person in the legal field.

Legal Bites: From your experience, can you mention one mistake that was made while solving the arbitration matter?

Abhishek Taneja: Never be overconfident and think you know everything; there will always be something to learn and read more about. Always try to grasp more things, understand them, and research a lot; therefore, these things will help a lot. If you’re the kind of person who believes I know this and doesn't want to read more, you’re wrong. You need to read it again and research more.

Legal Bites: How do you stay updated with the latest developments in law to ensure you provide the best advice to your clients?

Abhishek Taneja: Online legal platforms like Legal Bites, where the latest news and developments are covered, help in gaining knowledge.

Legal Bites: In your opinion, How do online platforms such as Legal Bites assist young lawyers in staying updated on recent developments?

Abhishek Taneja: The most important thing is to access the information. Earlier, there were libraries where people did research. But I feel that now, through the introduction of legal software, accessibility to information has increased, and that is the most important thing in law.

You might know the law, but you might not know who has settled it, and there, these online platforms play a huge role. They’ll provide you with readily accessible information along with articles about the law we are all searching for.

Legal Bites: Do you consider extensive online libraries such as Legal Bites a convenient resource for accessing information on a wide range of topics in one place?

Abhishek Taneja: Yes, because it will help you a lot and provide a complete picture of the legal update, which is very important for lawyers.

Justice Ganju taught me that a lawyer is a person who knows everything and anything that is there to know about a specific point of law.

With the introduction of more and more legal online software, the accessibility to information and the latest updates or laws is easily available which helps a lot.