In Conversation With Paromita Majumdar, AOR, on Her Journey as a First-Gen Lawyer, Rising Relevance of Arbitration & More

Paromita, Advocate- on-Record at the Supreme Court of India, began her legal career at Delhi District Courts in 2012 and rose swiftly to the Supreme Court of India within 12 years. Known for her strong presence in court, she earns accolades from judges.

In June 2023, Paromita launched LOPM with one associate advocate. Today, LOPM has grown to over 30 Associate Advocates with offices in Delhi – NCR, Kolkata, Chandigarh, Gujarat, Jaipur, Bangalore, and Hyderabad. Under Paromita’s leadership, LOPM is recognized for its legal expertise and client-focused approach.

Your journey had begun from the District courts and currently you are an Advocate-on-record at the apex court of India. If you could give us an account of your struggles during those initial days, especially as a first-generation lawyer?

Paromita: I really relate to this question because it takes me back to my early years in practice. I’m the one who often encourages my junior colleagues, especially when they hesitate to attend multiple courts in a day. I remind them of how important hard work and persistence are in this field.

I started my journey in litigation in 2012 at Tis Hazari Courts. At the time, I was receiving a small stipend from my generous senior. Being a first-generation lawyer with no connections in the legal world, I had to start small, joining a modest chamber. District court practice, as I realized later is very different from Supreme Court practice. In District courts, it’s not about the quality of the cases, but the quantity. While practicing in the Supreme Court a lawyer might earn a good fee from just one matter a day, in the District courts, you need to handle at least 7 matters a day to make a similar amount.

The clients in District courts are often individuals with limited resources, so they pay what they can, sometimes only a portion of the fee. I remember my seniors accepting 2,000 to 3,000 rupees per appearance, with clients often promising to pay the rest later though many didn’t. So, during my practice in District courts of Delhi I used to handle 5-6 matters a day, rushing between courts, and traveling by budget buses, which were the cheapest way to stretch my small stipend.

Throughout all of this, I’m deeply grateful to my late father, Sh. KK Mazumdar, who fully supported my decision to pursue litigation. I remember the day I left a well-paying job at a law firm after just six initial months of my career. One fine day I just asked him on a call, “Baba, should I leave this job? I feel like litigation is my true calling—are you with me?” Without a second’s hesitation, he said, “Yes, leave it. I’ll support you. Follow your heart.” His support gave me the strength to keep going.

Litigation is tough, and it’s especially challenging as a woman in a male-dominated field. But as Robert Frost wrote, “Two roads diverged in a wood, and I, I took the one less traveled by, and that has made all the difference.” I chose the less-traveled road by staying in Tis Hazari and spent the next 3-4 years immersed in it. My routine was intense grabbing chole kulche from a street vendor, eating it quickly while running between courts, and then rushing back to the chamber for evening meetings. My life ran on tea and bhujia, and before I knew it, four years had passed.

My father retired from his government job in 2011, and I completed my law degree in 2012. For the first five years of my practice, I earned very little, and we relied on my father’s pension and retirement benefits. Despite the financial strain, no one ever pressured me to quit. They saw how passionate I was about litigation, they saw me carrying huge files back home and reading them throughout nights, making notes and reading bare Acts. Sometimes I also used to practice my arguments in front of the mirror which my parents really used to rejoice hearing.  

My parents, who had their own unfulfilled dreams, my father who wanted to become a lawyer but couldn’t afford to study, and my mother who had her unfulfilled desire to be a musician, made sure I could fulfil both dreams. Today, I am not just a lawyer, but also an Indian classical singer. After long weeks in court, I would spend my Sundays in music classes. Trust me, every lawyer needs a hobby outside of law. It helps keep your passion alive and your mind fresh.

Coming back to the law practice, in District courts, there’s no concept of having a clerk you must do everything yourself as a junior lawyer. Whether it’s filling out forms, getting certified copies, inspecting files, delivering summons, or hunting for files in the Ahlmad’s office, it’s all part of the job. These tasks might seem tedious, but they are essential. They’ll help you when you start your own practice, as they teach you the basics every lawyer must know, alongside drafting and arguing in court.

As for the struggles, if you’re truly passionate about litigation, you won’t see these challenges as obstacles but as part of the journey. The work becomes part of who you are, and every step takes you closer to your goals.

You have garnered an expertise on several areas of the civil as well as criminal judicature through the years of practice. How did you come to realise that litigation is your calling?

Paromita: In a few of my past interviews, I’ve mentioned that I originally wanted to be a journalist because of my love for literature, political science, and debates. But after taking an evaluation test after 12th grade, I was advised that my skills were better suited for law. This led me to choose law school. During my time there, I explored many areas of law, which made it hard to decide on a specific path. However, by my final year, I realized that the internships I enjoyed the most were those done in District and High Court chambers. That’s when I knew I belonged in the courtroom.

Despite this, I initially joined a non-litigation law firm, mainly for financial reasons. While my bank account was healthy, I wasn’t happy with my work. One day, as I was walking in the streets of Jangpura, Delhi, where I own an office today, during a lunch break I came across a batchmate who just reminded me, “What are you doing here, you were always meant for litigation.” That really stuck with me and made me reconsider my path. I quit the job, joined a chamber in Tis Hazari in December 2012, and haven’t looked back since.

Civil litigation is mostly about paperwork and legal rules, while criminal litigation depends more on the lawyer’s skill in arguing a case. Both are fascinating in their own way, each with its own challenges. Every time I face a legal issue, I spend hours researching to find a solution. But what I love most about being a litigation lawyer is the variety; no two days are ever the same. This unpredictability is what makes me love my career every day.

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On record, you have represented both private as well as public sector enterprises in judicial and quasi-judicial matters. How would you compare and contrast the experiences with respect to the sectors?

Paromita: My overall experience in both the private and public sectors has been positive thus far, though each organization operates in its own unique way. As for my personal practice style, I am quite particular about receiving a complete set of information and documents before preparing any case. In the private sector, these queries and requirements are typically addressed more swiftly, primarily because management is concentrated in a few individuals. In contrast, the public sector involves multiple departments, leading to a more complex process for gathering the necessary documents and information. This is also a key reason why decision-making can be slower in public sector enterprises, as several departments must be consulted for approval before a final decision can be reached. In the private sector, however, decision-making tends to be more streamlined, as fewer individuals hold the responsibility for making quick calls. Having said that, my experience with clients in both sectors has been consistently smooth and favorable. Officers from both sectors have always understood my concerns and responded to my queries with full cooperation, resulting in positive outcomes in the majority of cases.

As per the rising trend of outside-court settlement, arbitration is being recognised and utilised more often. What has been your experience in an arbitration proceeding? Is India, as a society prepared for it?

Paromita: While I truly enjoy representing my clients in court, my primary goal is always to resolve matters amicably. Despite my passion for advocating in court, I am mindful of not adding to the burden of an already overburdened judicial system. In this regard, arbitration offers a far more flexible and effective means of resolving disputes between parties.

In arbitration, the parties have the freedom to choose their arbitrator, select a suitable venue for hearings, and present their documents in a more relaxed environment. The appointed arbitrator is typically an impartial expert with both legal and technical knowledge. Unlike the often-adversarial nature of courtroom arguments, the tone in arbitration is much more collaborative, allowing for a respectful exchange between legal representatives. Both parties are given equal opportunities to present their case in line with the rules set out under the Civil Procedure Code and the Arbitration Act.

I recall an arbitration proceeding where I represented a Public-Private Partnership company. On the day of the final arguments, I was battling a severe sore throat. However, since the parties were unavailable and the date had been set at my special request, I chose to proceed rather than seek an adjournment. The opposing counsel and the Learned Arbitrator were exceptionally understanding, allowing the proceedings to move at a more measured pace and offering me breaks when necessary. Thankfully, we were able to secure the award in our favor.

Such accommodations, however, are difficult to expect in a courtroom setting, especially given the heavy caseloads judges face daily. The pressure on a Learned Judicial Officer to hear all matters on their docket often leaves little room for flexibility or consideration of such personal circumstances.

In another crucial and interesting arbitration proceeding, I represented a construction company in a dispute against a government department, with a retired civil servant acting as the arbitrator. Despite the Ld. Arbitrator not being the one from a legal background and a case involving several complex and contentious legal issues, the Ld. Arbitrator managed the proceedings with remarkable patience and professionalism, ensuring that both parties were given ample opportunity to present their arguments. We were not only successful in that arbitration, but we also concluded it within the prescribed time frame.

With the introduction of the amended Arbitration Act of 2019, which includes Section 29A setting strict time limits for arbitral awards and outlining the consequences of failing to meet these deadlines, I believe the scope for effective and timely dispute resolution through arbitration has been significantly broadened.

I believe India has made remarkable strides and is steadily progressing toward becoming a leading arbitration-friendly nation. Recent rulings from various High Courts and the Hon’ble Supreme Court of India reflect a clear commitment to streamlining the Arbitration process, with a strong emphasis on expediting its pace. India has come a long way in positioning itself as a global Arbitration hub.

As you may know, India was among the first ten signatories to the New York Convention and one of only six Asian countries to sign the Geneva Convention. Furthermore, in May of this year, the Government of India announced the establishment of the Permanent Court of Arbitration’s (PCA) office at V.K. Krishna Menon Bhawan in Delhi. These developments are significant steps in reinforcing India’s role as an arbitration hub, and they will undoubtedly play a key role in shaping India’s future as a global center for arbitration.

If you could give us a detail on your methods in dealing with your client pertaining to confidentiality, remuneration, complete disclosure of facts and any other aspect that you may deem significant? 

Paromita: To truly understand these aspects, I believe one must join my office and witness the process firsthand. Every client whether a company or an individual is unique, and each case requires a tailored strategy. The approach we take depends entirely on the specific needs and expectations of the client. The facts and stakes involved in each case also determine the remuneration, but one constant across all cases is confidentiality. My office takes great care to protect the sensitive information shared by our clients and ensure that it remains secure, only being disclosed when necessary in a court of law.

Talking about complete disclosure of facts, this is an area we prioritize. With the years of experience I’ve gained in this profession, I’ve learned that no client will reveal all the details in a single meeting. It requires multiple discussions, digging deeper into the matter until you are confident that you have all the necessary information, even if some facts may not be in the client’s favor. My approach is to continuously question the client until I am fully satisfied that I have everything in my plate. While clients sometimes feel uncomfortable answering numerous questions, they eventually realize the importance of this thorough process.

A key piece of advice for the younger generation in the legal profession is never to offer advice based solely on oral discussions. This can often lead to unexpected complications. As a lawyer, it is your responsibility to refrain from offering any opinions or guidance until you have thoroughly reviewed the relevant documents.

When it comes to the recruitment for an internship or an employment opportunity at your firm, what according to you stands to be a determining factor in the selection process? 

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Paromita: To be precise, there are two main things I look for in any candidate: first, attire, which should always be professional, and second, presence of mind. In our field, gaining knowledge is not difficult, but using it at the right time and in the right way makes all the difference. A student might know the details of several laws, but if they can’t apply that knowledge to a tricky situation, it’s not useful. Punctuality and attention to detail are also essential and should not be ignored. One more important quality I look for in any candidate eager to work in my office is complete certainty about their desire to build a career in litigation. It’s essential that the candidate makes an informed decision and is fully committed to this path. Litigation is a field that often brings delayed success, lower initial remuneration, and significant challenges. Therefore, unless I am confident that a candidate is 100% certain of their choice to pursue litigation, I do not retain them in my office.

Being in the industry exposes you to people from your fraternity belonging to various age groups. What, according to you is the driving force for the current generation and what advice do you have for them? 

Paromita: To answer this question, I would like to align my perspective with that of the renowned Indian businessman, Sir N.R. Narayana Murthy, who is often quoted as saying, “Passion is essential for achieving anything worthwhile, and it helps people persevere through difficulties.” I believe that passion is the greatest driving force for the current generation of aspiring litigators. I have witnessed young lawyers, just 2-3 years into the profession, putting in immense hard work, running tirelessly from one court to another. They do so without expecting substantial remuneration and without considering that this level of dedication could earn them far higher salaries in a corporate job. Their commitment stems purely from a deep passion for the field.

Apart from the regular reading and writing, what are some other tactics that can enhance the quality of advocacy?

Paromita: Advocacy is both a skill and an art, one that develops as you spend time observing and appreciating it in action. This skill cannot be taught; it must be cultivated through personal experience and keen observation, especially in the courtroom. That is why I always advise my junior colleagues not to idle around in court waiting for their case to be called. Instead, they should immerse themselves in the proceedings, listening attentively as the bench addresses other matters. Such observations not only prepare you for your own case but also give you insight into the perspectives of a particular bench on various legal issues, which may prove useful in future cases.

On numerous occasions, after preparing my arguments and outlining my strategy, I have modified my approach after observing a judge’s stance on similar matters. Aligning my arguments with the judge’s perspective often results in at least a favorable order, even if the overall outcome is not in my favor. This kind of adaptability, gained through careful observation, is crucial for a successful litigator.

Thus, while reading and writing are important, observing other case proceedings is equally vital for any legal professional striving to excel in litigation. Moreover, staying updated on the latest laws, amendments, legislation, and judgments is essential to standing out in the profession. A lawyer is expected to be knowledgeable about everything, even areas outside their immediate domain. In litigation, there is no such thing as “out of the syllabus.”

Lastly, being quick and thorough in researching case law is indispensable. When preparing for an argument, you must find precedents that support your position, as this not only strengthens your case but also leaves a positive impression on the judge, adding significant weight to your arguments.

Among the several listed fields of services provided by your firm, which area of practice is most interesting to you and why?

Paromita: As a firm that handles a wide range of matters in the Supreme Court, we don’t limit ourselves to specific practice areas. However, my personal favourites are Arbitration and Debt Recovery. Our firm primarily focuses on cases involving the recovery of money between corporate entities. We have handled numerous cases related to claiming damages arising from breaches of contract, delayed payments, and business losses, all of which fall under the realm of dispute resolution through Arbitration and Conciliation. As I mentioned above, I always appreciate the way Arbitration and conciliation proceedings become instrumental in quick redressal of disputes hence this practice area always grabs my attention more than other areas of practice.

In addition to this, I take particular interest in recovery matters for banks and financial institutions, particularly when invoking provisions under the SARFAESI Act and other relevant statutory frameworks. Our firm also provides extensive services to corporate clients, managing all aspects of their documentation, contract drafting, and negotiations with business partners, employees, and third parties. This area of work, which involves the creation and management of contracts, is another facet of our practice that personally excites me, as when we draft the contracts we make sure that the client remains guarded against any kind of misinterpretation in future and in a way save them from entering into any zone in which there are possibilities of disputes or conflicts to arise.

We have recently entered the field of environment laws, as we are handling a Delhi High court case related to providing space for Parks and recreational grounds against the Delhi Development Authority and we are also defending an order passed by NGT for planting of trees passed against NHAI before the Hon’ble Supreme court of India. This being a new area of law in which LOPM has entered , doesn’t fail to excite me , especially the satisfaction it brings for doing our positive bit for the environment.  

As a lawyer we have ample opportunities to ascertain a suitable path of employment. If not litigation, what other opportunities would you like to explore and why?

Paromita: I agree that the field of law offers a wealth of opportunities, with numerous paths and sub-specializations to explore. However, having dedicated 13 years of my life to litigation, the idea of pursuing a different opportunity feels somewhat challenging to me. That said, if I were to identify an alternative path, it would be to pursue judicial services examinations.

India is in dire need of qualified judges, and it is crucial to fill the existing vacancies to address the backlog of cases and reduce the pending litigation. Many people are waiting years for justice, yet their cases often go unheard due to overburdened courts or vacant judicial positions. Therefore, contributing to the judiciary would be a highly meaningful and impactful way to serve the legal system.

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