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  • First Person Accounts: Shouryendu Ray on the LL.M. at UPenn, writing the NY Bar & more

    First Person Accounts: Shouryendu Ray on the LL.M. at UPenn, writing the NY Bar & more

    First Person Accounts (FPA’s) are meant to provide a first-hand account of law graduates who have pursued, or are pursuing, a post-graduate course (LL.M. or otherwise) from different universities across the world.

    In this edition, Shouryendu Ray (LLM ’18) discusses how he want about his LL.M. applications, narrowing down on the University of Pennsylvania, and writing (and clearing) the NY Bar. A graduate of the WBNUJS (Class of ’13), Shouryendu initially worked as a corporate lawyer before moving to the chambers of senior counsel Ranjit Kumar, the then Solicitor General.

    Before we get into the LLM related questions, just wanted to know a bit about your career choices which have been quite interesting. Moving from a law firm (where you were partly handling litigation) to the chambers of the then Solicitor General – why make this move?

    In my opinion, fate plays a very large, but often overlooked, role in shaping one’s career – of course, not discounting other key elements like possessing the right skills that match your goals.

    I landed an associate position at Amarchand (as it then was) through a PPO in my 4th year of law school (NUJS). That gave me the freedom to explore other avenues through internships at the Centre for WTO Studies and the Election Commission in my final year.

    Amarchand had a policy of rotating young associates with six-month stints in different practice groups. In my case those were General Corporate, Project Finance, and Litigation. Having had a taste of litigation, I decided to focus my career around it.

    At that stage, I wanted to equip myself with the skills of oral advocacy and court craft and I felt these were best studied under a Senior Counsel. My decision to shift base to Delhi was based on hackneyed factors – a larger arena, in terms of opportunities, and equally important, the fact that chamber practice in Delhi would pay me enough to get by each month. Bombay chambers are notorious for paying junior lawyers next to nothing. This was an easy decision to make in a scenario where I wouldn’t be able to manage rent!

    Working with the Solicitor General was an immensely rewarding experience that far exceeded my expectations, but I’ll leave that for another time.

    What prompted you to take up an LLM considering you had invested a few years as a junior litigation counsel?

    Unlike my previous career decisions which, in comparison, were more prompt, I spent considerable time reflecting on whether to do an LLM, if so, where, how would the absence (from the Delhi Bar) impact me professionally, etc. This resulted in months of SWOT analysis and brainstorming with my partner (also a litigation lawyer), parents and peers.

    The key driving factors in favour of doing an LLM were the following (in no particular order):

    • The need to brush up more fundamental areas of the law – the nuts and bolts, such as Evidence and Law of Contracts. The US and India both being beneficiaries of the English Common Law system, the underlying principles overlap to a large extent.
    • To gain a deeper understanding of subjects that are indispensable for a commercial litigation practitioner. In this bucket, I had placed courses such as Commercial Arbitration, Investment Arbitration, Corporate Law (with a focus on valuation and structuring) and International Tax Law.
    • To take more experiential courses such as Trial Advocacy. As junior chamber lawyers, we rarely, if ever, get the opportunity to argue. I recall self-tutoring the art of cross examination through YouTube videos, the night before my first actual cross in Delhi. I am grateful to NUJS for teaching me a lot – but how to effectively conduct a trial wasn’t one of those things.

    How did you go about selecting law schools, and what got you to UPenn?

    For selecting law schools, my advice would be to adopt a Yes/No mental-flowchart, the first tier of which would be to settle on a jurisdiction – popularly, US or UK. In my case, the scales weighed heavily towards the US. Top UK institutions like Oxford or Cambridge prioritise grades in their analysis.

    Being a mid-ranker at NUJS with modest scores wouldn’t make me an ideal Oxbridge candidate. US law schools on the other hand, are more all-rounded in their evaluation, giving equal weightage to other aspects such as the quality of your essay, your recommendations, the kind of work you have done and the diversity in thought you’d be bringing to the classroom, and so forth.

    My weak LL.B. scores were my Achilles heel while my strength was the quality of my work as a practicing lawyer and I had the Solicitor General and partners at Amarchand attest to that through compelling LoRs. These count for a lot in the US.

    “My weak LL.B. scores were my Achilles heel while my strength was the quality of my work as a practicing lawyer and I had the Solicitor General and partners at Amarchand attest to that through compelling LoRs. These count for a lot in the US.”

    Also, another consideration for me was the better flexibility in course selection offered by US law schools.

    Barring Stanford and Yale, I applied to most of the other T-14 schools. Stanford offers some great LL.M. programmes but those are focused around subjects outside my interest area. Yale, as you may know, has a tilt towards academicians and pedagogues. I was looking for a general LL.M. which would cater to all my academic requirements listed in question 2 so as to make me a better practicing litigator.

    The Penn Law LL.M. programme was the right fit for me for a number of reasons. It allowed me to pick from an endless list of attractive courses, many of which were taught by the leading names in the field. For example, our International Investment Arbitration class was taught by Gary Born, whose treatise on the subject serves as the Bible for all arbitration practitioners. Similarly, Constitution Law was being taught by Prof. Akhil Amar. Needless to say, this resulted in many star-struck students in the initial classes!

    On a separate note, Penn Law’s small batch size of about 110 students also appealed greatly to me. A restricted class size, in my opinion, leads to stronger bonds between classmates. We also benefited from a good level of interaction with the J.D. students especially in 1L (year 1 of 3 for the J.D.s) classes. With the benefit of hindsight, I would not be wrong in saying that Penn Law offered an unrivalled level of collegiality.

    “A restricted class size, in my opinion, leads to stronger bonds between classmates. We also benefited from a good level of interaction with the J.D. students especially in 1L (year 1 of 3 for the J.D.s) classes. With the benefit of hindsight, I would not be wrong in saying that Penn Law offered an unrivalled level of collegiality.”

    The smaller-but-diverse class size also allowed for more meaningful discussions. It was a sense of bonhomie that Penn Law offered that I found very endearing. Case in point – during our convocation ceremony, when I – one amongst 600-odd students graduating that day – walked up to receive my degree, the Dean remarked that he had thoroughly enjoyed having me in his Ethics class. It felt good that he had noticed my participation in class discussions which had happened an entire semester ago.

    Special mention to the office of student affairs at Penn Law which would go all out in addressing our concerns and making the space as inclusive as possible.

    Another reason for picking Penn would be its inter-disciplinary approach that allows students to choose from a plethora of courses offered by other Penn schools, outside Penn Law. Many of our courses were taught at Wharton; students could even choose courses at say Penn Engineering relating to IP or bio-ethics taught in the Med School. Apart from Penn itself being a reputed Ivy League institution, its constituent schools also rank amongst the best.

    From a more practical viewpoint, choosing Penn, at least in part, was based on location. Philadelphia is a student-friendly city with affordable housing that would seem a steal in comparison to New York or San Francisco. Also, its convenient location, between New York and DC allows students the opportunity to travel and network in these cities with ease. Cheap rent coupled with the funding I received from Penn, made sound sense financially. More bang for the buck meant I had some spare money to travel!

    “From a more practical viewpoint, choosing Penn, at least in part, was based on location. Philadelphia is a student-friendly city with affordable housing that would seem a steal in comparison to New York or San Francisco. More bang for the buck meant I had some spare money to travel!”

    Any advice on the application, more specifically on the personal statement and sourcing good recommendations?

    Having gone through other interviews on your website, this is where I am going to sound like the metaphoric broken tape recorder.

    In my opinion your SoP should address 2 broad questions: i) why you, and ii) why them. Utilize the first part to show who you are as a person. Be insightful but with the level of candour expected – they can easily sniff out self-aggrandization that falls in the domain of lies. Employing anecdotes may help but be wary of the rabbit hole and steer clear of longwinded stories. Absolutely no B.S.!

    Sounding disingenuous will automatically place you in the red zone. That said, make your essay as personal as possible – highlight your strengths, state what makes you unique, but be sincere.

    In the second part, address what an LL.M. from that particular law school means to you. Reading up on course offerings, looking up professors would help; but don’t feign interest in a topic that you had no idea about prior thereto. Again, the no B.S. approach should serve you well. Mention courses that tie-in with what you do and those that will genuinely up-skill you. If you are looking to switch fields, speak to the how and why. It is a big investment for any student and admission staff would definitely frown upon insincerity. Viewed from their perspective, they want a candidate who will add to thought diversity while in the programme and who stands a good chance of being a successful practitioner in the long run. Crudely put, they want to brag about you as you would them; so, make yourself sound appealing.

    “Mention courses that tie-in with what you do and those that will genuinely up-skill you. If you are looking to switch fields, speak to the how and why. It is a big investment for any student and admission staff would definitely frown upon insincerity.”

    As a Dean Scholar, what was the range of financial aid that UPenn offered?

    The Dean’s Scholarship does not offer a fixed grant but varies and can be up to $40k. The amount of funding depends on a variety of factors and a strictly non-exhaustive list would include – the need demonstrated by a candidate, how appealing the candidate seems, if the candidate has secured grants or tuition waivers from other institutions, diversity, etc. It also depends on disbursements that have already been made. So, it helps to be prompt.

    As I had said earlier, cost was an important factor in choosing Penn and I used the grants offered to me by other law schools as leverage. In the end, I conducted a cost analysis, including living expenses, and Penn was undoubtedly the best offer on the table.

    At UPenn, you also took up the Business and Law Certificate course – was it difficult to balance this with the LL.M. course load?

    The Business and Law Certificate offered by Penn’s business school, Wharton is a unique programme where students undertake intensive training in subjects such as Private Equity in Emerging Markets, Corporate Finance and Structuring Investments. Students are required to choose at least three courses out of a total five. Classes are scheduled bearing the LL.M. programme in mind. But considering the laundry list of options at the law school, timing conflict is inevitable. Of course the LL.M. takes priority in case of a clash.

    That said, I found the Wharton programme quite manageable. The take home assignments – usually, case studies – were actually quite fun and classroom discussions were thought provoking. Knowing the audience, the arithmetic in classes such as Corporate Finance were kept simple, allowing us to understand concepts without getting overwhelmed by the math. The end semester exams were in the form of group projects.

    You also wrote (and passed) the NY Bar – how early did you start prepping for the Bar? Any advice on how to go about it? 

    Ah…the Bar! My David-v-Goliath experience grappling with the Bar Exam colossus could easily make me ramble endlessly. But I’ll be brief with just key takeaways.

    I started my prep quite late, around the end of May. That would give me a window of about two months. But be warned, studying for the Bar is an exhausting process. The sheer breadth of topics covered can be spirit-crushing – they test you on about 13 subjects, many outside my zone of familiarity. It doesn’t help that the test is not at all superficial but goes into nuanced, complex areas of the law. So, in order to take the Bar Exam down, one has to come up with a clever game plan.

    Most Bar prep courses already offer a readymade path and if you complete at least 80% of the syllabus, statistics seem more encouraging. As a footnote: there are 3 popular Bar prep courses – Themis, Barbri, and Kaplan. I chose Themis as they had the highest published pass rates and their content, broken into 20-25 minute long video lectures, seemed more digestible.

    But, I didn’t get anywhere close to the finish line – having completed less than 60% of the course before the exam. I had taken another week long break – a vacation to Cuba where the internet is practically non-existent and the programme is offered online! But in hindsight, this break served me well, allowing me to relax and unwind. In the days prior to my trip, I used my vacation as carrot and stick and that kept up my motivation.

    I also benefitted from having a small study group. Taking small breaks and talking about more interesting things helps mitigate the pressure.

    As a study strategy, one must definitely cover all the topics. As a part of your Bar course packet, you receive a set of short outlines and another more detailed one. I primarily (and exhaustively) used the former along with the video lectures, using the detailed outline only for more confusing areas. On an average, I would study for about 8-9 hours a day and then take tests for another 2 hours.

    I cannot stress enough the importance of doing those mock tests, especially the MCQs. In terms of scoring, one half of the Bar Exam comprises 200 MCQs administered on Day 2. The questions are more often than not, tricky. In such a time crunch, practice really helps.

    “I cannot stress enough the importance of doing those mock tests, especially the MCQs. In terms of scoring, one half of the Bar Exam comprises 200 MCQs administered on Day 2. The questions are more often than not, tricky. In such a time crunch, practice really helps.”

    The Bar Exam is unlike any other test I have ever taken. It is administered over 2 days – 4 sessions of 3 hours each. It is a gruelling marathon that is both mentally and physically demanding. My advice would be take the exam well rested with hopefully a decent dinner the night before. Stay away from last minute cramming as that’ll do way more harm than good. At the conclusion of Day 1, you would have been writing for 6 long hours! Destress, chill and retire to bed early. Ditch your notes for Netflix and a beer. You will thank me later.

    “At the conclusion of Day 1, you would have been writing for 6 long hours! Destress, chill and retire to bed early. Ditch your notes for Netflix and a beer. You will thank me later.”

    What is your reading of the US legal recruitment market for international LLM graduates? How did you go about approaching the Foreign Associate post at Pepper Hamilton?

    Calling a spade a spade, the market for LL.M. graduates, especially in non-transactional fields such as litigation, is practically non-existent. The few Indian practitioners I spoke to share the same opinion. If, by chance, an opportunity comes up, they will offer you an internship for a limited period and the conversion rates from those schemes are abysmally low.

    If you still want to try and strike it in the US, I would encourage students to network with the unabashed zeal of a political sycophant. Send targeted emails to the right contacts, reach out to people for a quick chat, meet up over coffee.

    “If you still want to try and strike it in the US, I would encourage students to network with the unabashed zeal of a political sycophant. Send targeted emails to the right contacts, reach out to people for a quick chat, meet up over coffee.”

    My engagement with Pepper Hamilton stemmed from one such conversation I had with two litigation partners at the firm at the sidelines of an arbitration conference. I told them about the interesting work I had done under the Solicitor General. They spoke about their experience involving arbitration enforcement in India. Months passed until I got a call for an interview at the firm and that led me to my current position.

    If getting a job in the US is the primary reason for your application, you are better off pursuing the J.D. Some law schools offer accelerated 2 year J.D. programmes for foreign qualified lawyers as compared to the traditional 3 year course.

    Lastly, any advice for the Indian law graduate who is considering an LL.M. abroad?

    Unlike students from other jurisdictions, Indian lawyers do not have tangible, immediate gains from the LL.M. like say a promotion or a salary hike at an Indian law firm. This further conflates the decision making process. But one should not get sidetracked and have a clear agenda on what they want out of the programme.

    The LL.M. course is an immersive, rigorous programme with a steep learning curve. It doesn’t help that the setting is also unfamiliar. But it is truly an other-worldly experience – a chance for you to make friends with people from all around the world, get exposed to their culture and way of thinking and see things from a very different perspective.

    In a world that is only getting flatter (this is not a plug for the Flat Earth Society) your LL.M. will reap rich dividends in future. Make the most of this short, enriching time!

    “The LL.M. course is an immersive, rigorous programme with a steep learning curve. It doesn’t help that the setting is also unfamiliar. But it is truly an other-worldly experience – a chance for you to make friends with people from all around the world, get exposed to their culture and way of thinking and see things from a very different perspective.”

  • First Person Accounts: Riya P. Raaj on the GPLL.M. at the University of Toronto

    First Person Accounts: Riya P. Raaj on the GPLL.M. at the University of Toronto

    First Person Accounts (FPA’s) are meant to provide a first-hand account of law graduates who have pursued, or are pursuing, a post-graduate course (LL.M. or otherwise) from different universities across the world.

    In this edition Riya P. Raaj discusses her LL.M. experience at the University of Toronto where she completed the Global Professional LLM (Class of ’18). A graduate of the Rajiv Gandhi National University of Law (’16), Riya worked for a year as a corporate lawyer before enrolling at UoT. In this interview, she discusses the reasons behind opting for Canada, and the GP LL.M. in particular, becoming a lawyer in Canada, and a whole lot more.

    (Edited excerpts)

    What got you thinking about an LLM? Was this something you had considered doing right after your undergrad?

    I wanted to earn a little bit to contribute to my own masters tuition. I did want to pursue one, that much I knew, just when and how long would it be since I actually got to do it, was something I did not plan out.

    I was working at a law firm in Bangalore and I wasn’t doing so well there, the corporate environment wasn’t something that suited me. That’s how it started. I applied to universities, eager to get my masters under my belt and work in academics because firm life did not agree with me at all.

    “I applied to universities, eager to get my masters under my belt and work in academics because firm life did not agree with me at all.”

    How did you go about selecting where to apply, and what were some of the other schools you applied to? Also, what got you to narrow down on the University of Toronto?

    I wanted somewhere that had a mix of courses and something other than business law which was my major in college (turns out I’m not good at that but oh well, I tried). So I decided to research on other courses and read about the different universities.

    I found that this course would put me on the path to getting certified in Canada faster and Canada seemed much less scary (they call it Bada Punjab for a reason) than the UK or the US.

    I had applied only to the University of Toronto and York university here. Once I narrowed the country, schools were easy enough. I didn’t apply anywhere else. It was Toronto or nothing else. Don’t get me wrong, I’m not trying to show off but I knew it was just these two that had the course I wanted.

    “Once I narrowed the country, schools were easy enough. I didn’t apply anywhere else. It was Toronto or nothing else. Don’t get me wrong, I’m not trying to show off but I knew it was just these two that had the course I wanted.”

    Any advice on the application process, more specifically writing a personal statement, and sourcing the letters of recommendation?

    Know your dates. I cannot specify this enough. Know when your application is due, what documents are required. Do not depend on hearsay, sounds stupid but believe me, people have missed deadlines because they took a lax approach.

    Be on alert with deadlines and try submitting everything at least 4-5 days before so that you know you have done your part. More or less all application processes are the same – CV, cover letter, personal statement and letters of recommendation (2-3).

    When you’re writing a personal statement, make sure you’re writing it in a way that expresses you, and why you want to do this course (not flatter them, I’m sure they can see through that). Make sure that the personal statement reflects you, your reasons for the University choice, the course choice, the reason why you picked this path.

    The Letters of recommendation are your teachers perspective of you. Those years of law school that they taught you, coached you and mentored you. Pick the teachers that you know would be:

    • writing favourable stuff about you;
    • knows you enough to give a holistic perspective of you (eg. I picked my literary and debating society head’s teacher who knew how I was in academics and with extra-curricular activities); and
    • would be able to shed light on your writing or research skills (that’s what the college wants in a masters/Ph.D student).

    At UoT, what prompted you to take up the GP LLM program?

    In Toronto, you have to write a set of exams that equate your bachelor program courses with the Canadian equivalent. This is called the National Committee on Accreditation (NCA)

    I got my five year program evaluated and had to write ‘x’ number of exams, there was a choice that if you go the GPLLM, you won’t have to write those exams and best of all, you get a masters degree as well.

    That light bulb lit up and I decided to pursue that. Good courses, good foundation, spread out and I could even choose some business law courses to take (Public Private Partnerships) just because they seemed interesting. Also, did I mention, no thesis! We have exams so that was in keeping with my Indian education learning.

    So basically two birds with one stone was the goal.

    “Good courses, good foundation, spread out and I could even choose some business law courses to take (Public Private Partnerships) just because they seemed interesting. Also, did I mention, no thesis!”

    How was the LLM experience? What were some of the highlights along the way?

    I met lots of interesting lawyers who were pursuing the same course as me to get their qualification in Canada. I made some friends, and attended some interesting lectures (one case that always stuck with me was the case of the guy who sleep-drove 20kms to kill his in-laws with a hatchet)

    I liked the classes and most of all, they gave us food after the classes (which helped getting through the class as well). I learnt to balance working part time in a restaurant and studying, travelled a bit, and mostly adjusting to a new country. Learning their ways and trying very hard not to pick up an accent.

    “I learnt to balance working part time in a restaurant and studying, travelled a bit, and mostly adjusting to a new country. Learning their ways and trying very hard not to pick up an accent.”

    What was your reading of the Canadian legal market when it comes to recruiting international LLM graduates?

    Honestly, not great, but I figured the GPLLM gave me some ammunition. I was on par with a Canadian bachelor’s degree and had the NCA’s under my belt. It’s a long road to go though. There are two exams, barrister and solicitor, seven hours each and then one year of articling (interning but paid) and then you would get called to the bar, all to finish in a three year span.

    I’m still working my way through the rigmarole.

    It’s not easy, but maybe, just maybe, if you hang in there, you’ll make it is the hope. I’ve known people who apply with their own communities, and it seems to work. But that’s true in any country – having connections works like magic.

    Lastly, any advice for Indian law graduates who may be considering an LLM abroad?

    Do it from somewhere you are actually interested in their course. I did like the idea of no tax course, no thesis and of studying common law as my main subject, but if I didn’t like the course or place, I might have hated that one year. I found that I liked the course, my classes, my friends, and even my work.

    I liked having other things except law to talk about to people who did other things and not law.

    Think about the course that calls to you, that you can proudly say you hold a master’s degree in. What you can proudly say, not your family and not society. Do an LL.M only if you want to.

    Mine was a purpose served degree that helps pave the way for academic pursuits. Decide what yours is to be, a title or a purpose.

    One other thing I’d like to point out is that student loans are real. As much as you would like them to be the fine print that everyone ignores, they are super real and you do not want to take on the burden without some mental preparation.

    “One other thing I’d like to point out is that student loans are real. As much as you would like them to be the fine print that everyone ignores, they are super real and you do not want to take on the burden without some mental preparation.”

    It’s not impossible to avoid it but almost everyone takes a loan and some part is contributed by family or your own earnings, so paying it back is part bank and part, Papa/mumma, ab bacche se aap paise loge? (Father/mother, you will now take money from your children?)

    It’s a scary world out there, but if you really want to do an LL.M, I’d suggest going abroad, because that one year can change you in ways you won’t even realise till you’re back.

  • First Person Accounts: Arushi Bajpai on an LL.M. in International Criminal Law, University of Kent

    First Person Accounts: Arushi Bajpai on an LL.M. in International Criminal Law, University of Kent

    First Person Accounts (FPA’s) are meant to provide a first-hand account of Indian law graduates who have pursued, or are currently pursuing, a post-graduate course (be it an LLM or otherwise) from different schools across the world.

    In this edition, Arushi Bajpai discusses her time as an LL.M student at the University of Kent at Canterbury. A graduate of the National University of Study & Research in Law, Ranchi (’17), Arushi chose to specialise in International Criminal Justice at Kent.

    (Edited excerpts)

    Did you consider working for a few years before embarking on the LLM? Or was the idea to always go right after you completed the undergraduate course?

    During my initial years of law school, I had this idea of finishing studies and then working for a few years before leaving for my Masters. Reason behind, I have seen many people, including my seniors, quitting their thought of studying any further after working for 2-3 years in industry. Traditionally, it sounds prudent to first gain some valuable work experience, explore your interest area while being in work and then pursue Masters.

    However, of late, I realised that if you have worked for 2-3 years, it becomes extremely tough to take a call on leaving your professional career. One starts weighing the pros and cons of making such a decision at a crucial juncture of one’s life. I have seen people, most of whom were much more academic oriented than me, deciding not to quit their jobs.

    Therefore, after putting in a lot of thought into this, I decided to earn my Masters degree right after completing my law school in India.

    What got you interested in International Criminal Law?

    Since the very beginning of my law school days, I had a keen interest in criminal law and justice mechanism. Hence, I remember investing most of my spare time in reading criminal cases and their analysis from all over the world. By the end of second year of law school, I had made up my mind to do my honours in Criminal Law.

    The other thing that I was regular at was keeping myself abreast of contemporary developments taking place in different parts of the world, primarily related to global politics, strategic studies, counter-terrorism and international security.

    I think somewhere in the middle of law school the two interests fused into one and I got interested in International Criminal Law (ICL). International Criminal Law is an advanced course and should be read only after one has a basic grounding in International Human Rights Law (IHRL) and International Humanitarian Law (IHL).

    I realised this fact later while earning my LLM, but during my undergraduate days I had made up my mind to explore this subject at the advanced level as I had realised that there is immense potential in international criminal justice.

    How did you go about selecting where to study? And why narrow down on the University of Kent at Canterbury?

    I looked for particular expertise at reputed universities in international criminal justice. After narrowing down the list as per the criteria, I came up with four universities which possessed the best expertise in this subject area.

    I also took help from the QS Rankings. It is the most reputed and acclaimed ranking of universities internationally. However, one must not blindly follow the QS World Rankings. Conduct your own independent research to see if the university has professors of global repute in your chosen area of specialisation and modules of your interest on offer in that particular academic year.

    “Conduct your own independent research to see if the university has professors of global repute in your chosen area of specialisation and modules of your interest on offer in that particular academic year.”

    Because I had already made my mind to specialise in international criminal justice, I finally decided to join the University of Kent at Canterbury because it provided me with an extended list of module options to choose from and all those modules were taught by world renowned experts.

    Another reason that tempted me to join Kent was its unique assessment process, where the university assesses you only through the essays and research papers that postgraduate students write during their tenure with the university. The University does not have the provision to assess students through written exams, as is the usual practice at Indian universities. Since I wanted to join academia after completing my postgraduate studies, I finally chose to join Kent.

    Did you apply for financial aid of any kind?

    I had applied for some fellowships, both in India and the UK, but unfortunately, I couldn’t receive any. However, I knew that it is very difficult for a fresher to receive any form of financial aid for postgraduate studies in the UK and I hadn’t kept my hopes high.

    There are very limited fellowships on offer by international universities for postgraduate taught programmes and one must be prepared to fund their studies out of their own pockets if one wishes to earn their Masters right after graduating with the undergraduate degree.

    I am lucky enough to have supportive parents who had assured me that they will back me completely and will not let finances come in the way of my studies.

    Any advice on the application process, namely the personal statement, and the letters of recommendation?

    The first and foremost advice that I would offer is to apply as early as possible because the application process is complicated at some universities and can be extraordinarily lengthy. The whole process is extremely time consuming and won’t leave you with much time to focus on other areas of your life. Therefore, if you don’t want to rush in the end and commit mistakes in hurry, apply 3-4 months before the deadline so that you may have enough time to rectify the errors and fetch any other document the universities may require.

    The personal statement is an important aspect of the application process. It is very important to be honest while writing your statement. The ideal way to approach the personal statement is to start with how you have developed interest in the subject area to which you have applied and end the statement with what future opportunities you look forward to in the field and how studying at an advanced level at that university will help you in attaining your goals.

    “The ideal way to approach the personal statement is to start with how you have developed interest in the subject area to which you have applied and end the statement with what future opportunities you look forward to in the field”

    It is extremely important that you don’t use fancy words just for the sake of using them in your statement. I have observed applicants from India, making all efforts to use the choicest of words from their vocabulary in their quest to convince the reader of their academic superiority. It is highly applaudable if you have read Ayn Rand and Emily Brontë during your law school, but you don’t need to endeavour to reflect the same in your personal statement.

    The letter of recommendation is another important part of application process. Admission’s committees read these letters with special interest and attach high priority to them. Generally, the universities will ask a prospective candidate to submit two letters of recommendation. Both the letters may be obtained from an academic who may have taught you in one or more courses. However, some universities allow you to obtain one of the letters from someone in the industry who may have supervised you during your internships and is in a position to write a letter in support of your candidature.

    I had obtained both the letters from my Professors who had taught me and supervised me during my law school. It is important that your referees do a realistic analysis of your personality and write an honest account of your potential as a postgraduate student. The admission’s committee of the universities in the West receive thousands of recommendations letters every year and they can distinguish between an honest and exaggerated assessment of your personality.

    How was the LLM experience, and what were some of the highlights of the programme?

    It was exceptionally good and very different from what I would have experienced here, in India. The teaching methodology practised by the academics in the West is very different from Indian academics and the variety of courses on offer in those universities is something that Indian universities just cannot offer for a variety of reasons, most important of which is resource crunch and lethargic, uninspired and visionless administration in Indian universities.

    The opportunity to meet people from all over the world and learn from their experiences is something that cannot be experienced in this country. Holistic learning takes place at the universities in the West and there is no rat race to score more marks and grab gold medals as is the case in Indian universities. Exposure of another legal and political system also intrigues a candidate to learn more about different legal and political systems across the world and provides an opportunity to experience it first-hand.

    “Holistic learning takes place at the universities in the West and there is no rat race to score more marks and grab gold medals as is the case in Indian universities.”

    Everything over there is quite different and it will be unjust to compare the postgraduate law programmes that are offered in the West to the ones that are offered in India. However, I think, the liberty to choose courses and design your own programme is something that has fascinated me the most. In Western universities, it is possible to fuse courses of your interest and design your own programme that suits your needs. If a candidate is interested in International Taxation, Environmental Law and Outer Space Law, s/he will be provided with the opportunity to select courses in these three specialisations and design their own programme. It is something that is unimaginable for a postgraduate student in India at present.

    What was your reading of the recruitment prospects of international LLM graduates in the UK? 

    Personally, I feel there are immense prospects for students graduating with LLM from the universities in the UK, but the situation is tricky for students who have completed their previous studies abroad. International students have to comply with immigration norms, which are increasingly becoming stringent all over the world. Also, I agree that the kind of opportunities that were on offer 10-12 years back in the UK aren’t there after the 2008 financial crisis hit the markets.

    “International students have to comply with immigration norms, which are increasingly becoming stringent all over the world. Also, I agree that the kind of opportunities that were on offer 10-12 years back in the UK aren’t there after the 2008 financial crisis hit the markets.”

    It is becoming increasingly difficult for international LLM graduates to find work in the legal industry in the last decade. However, various new opportunities can be explored by international students over there. One option is to score Distinction in your LLM and try applying for a research position to work with an academic for some time, before eventually applying for a higher degree by research (HDR).

    The other new options that have emerged are work opportunities with international organizations, non-governmental organizations and other advocacy and rights groups that are very active in the West. The experience gained through these internships is extremely valuable when applying for full-fledged positions with such organisations few years down the line. If interested, one may also apply to become a journalist with a media group. A background in law comes as an added advantage for people who are looking to join this sector after completing their studies.

    Looking back, is there anything that you would have done differently?

    I never look back to my past, it’s a wasteful exercise, looking back and regretting decisions doesn’t help in advancing a case.

    I think I enjoyed my course to the fullest and worked to the best of my abilities during my tenure with the University of Kent. Maybe exploring the UK a little more would have been fun, but I believe it is a work in progress and I have all my life to explore the world.

    You have also attended a summer course at the Hague Academy – could you tell us a bit about the course, and how was the experience?

    The summer course at the Hague Academy is a unique opportunity for any postgraduate student in Law. It covers both – Public International Law and Private International Law. The three week-long course attempts to clear all basic concepts in International Law. The faculties are the best that can possibly be drawn to conduct the customized sessions in International Law, some of them are being the Judges at the International Court of Justice (ICJ).

    During the course, candidates also get the opportunity to visit the International Criminal Court (ICC) and the Peace Palace which houses the International Court of Justice, the Permanent Court of Arbitration, The Hague Academy of International Law and the Peace Palace Library.

    I was fortunate to be there at the 20th anniversary of the Rome Statute, and to celebrate the same we visited the Supreme Court of Netherlands where we had one mock trial by the Advocates of the International Criminal Court (ICC). The Judges in the mock trial were also drawn from the ICC. It was one of a kind experiences to watch the mock trial of the ICC after watching the live proceedings of the ICJ at the Peace Palace.

    The Hague Academy organises many events in addition to this summer course. I attended one seminar at the International Criminal Court (ICC). Also, the organisers throw a party to candidates in the summer course every week, which is one big reason why one should attend the course.

    Lastly, any advice for Indian law graduates who are considering an LLM abroad?

    There are many advices that I can offer to prospective LLM graduates, however, I will restrict myself to three.

    Firstly, discuss your thoughts of doing an LLM and the reasons for the same with a person who has gone through the process and is in a position to guide you. After you are convinced of your decision to pursue the LLM, start planning for the same, ideally in collaboration with your mentor, at least six months before the deadline. The first phase which requires preliminary preparation is the most important phase as one would go on to shortlist specific courses of their interest and make the final list of universities where one would eventually apply for their LLM.

    “The first phase which requires preliminary preparation is the most important phase as one would go on to shortlist specific courses of their interest and make the final list of universities where one would eventually apply for their LLM.”

    Once you have made the application and have received admission offers from universities, make a conscious decision of going to the university that best suits your interest. Don’t choose a university because it is ranked higher in the QS World University rankings. After you have made the decision on going to a university, contact them and ask them if they can connect you with an alumnus or an active student of the university. Most universities do would connect you with student representatives at their campuses and they would offer you some important advices that you can take note of before leaving to join the programme.

    “Don’t choose a university because it is ranked higher in the QS World University rankings. After you have made the decision on going to a university, contact them and ask them if they can connect you with an alumnus or an active student of the university.”

    Secondly, I would advise prospective candidates to be patient and composed while making applications. Your LLM programme will demand this trait from you right from the beginning of the application process till the time you graduate with the degree. The journey will show you many ups and downs, as a lot of things that you would have previously planned for yourself will not work as per your whims and fancies but remain confident and focused.

    Thirdly, I will advise all prospective LLM graduates to work hard as much as you can. Stretch your limits and put in as much labour as you possibly can. Being industrious during your LLM will reap rich dividends after your graduate. Do remember that even before you’ll realise, your LLM will be over, so you won’t have enough time to read everything and grasp all of what is being thrown at you.

    Do make new friends, participate in co-curricular activities, attend lectures and seminars where eminent people come to speak, explore all the food joints in the town, but, most importantly, do make enough time for yourself to study.

  • The Amicus Interviews: Malcolm Mackay, United Employment Lawyers

    The Amicus Interviews: Malcolm Mackay, United Employment Lawyers

    The Amicus Interviews are meant for broader discussions on legal education, and the legal profession at the global level. One of the goals of this series of interviews is to get the views of Indian academics on legal education, both in India and abroad.

    In this edition, I get the founder of United Employment Lawyers, Malcolm Mackay to discuss the future of legal education, and the legal profession as well. Malcolm has quite an interesting career thus far, he is the founder of Scotland’s “first niche employment law practice” and comes with decades of experience in not only employment law, but also in the workings of the legal profession. Naturally, I was quite keen on hearing his views on the lawyer of tomorrow, necessary changes in the way law is taught, and a whole lot more.

    I am quite curious to know what you think about lawyers and their preference for inertia – why are we so hard set in our ways?  

    Law has for many years been seen as a safe career choice. After the Second World War parents wanted security for their children saw law as a potentially lucrative career. The legal profession had a monopoly on the delivery of regulated legal services. Parents wishing to encourage their children to study law would often send them to schools where  the curriculum and culture were driven by precedent rather than forward looking and creative thinking. Law tended to attract candidates who prefer a structured and logical way of thinking.

    Let me stress, though that there is nothing wrong with that.

    The discipline of a legal education brings with it a logic and powerful language, particularly important in areas such as property law for example. Because generations of lawyers have been taught through case law of the importance of precedent there is a mindset that there has to be a precedent to justify a particular approach.

    However, in the fast moving world in which we live, a different approach is more appropriate, especially in the human specialisms such as for example the law relating to employment, human rights and immigration. Globalisation, social media and technology have presented new challenges for which there is no precedent.

    Another reason why lawyers are hard set in their ways is that so long as good salaries were being earned and there was a certain amount of protection from external competition there was simply no incentive to change. Importantly the way the traditional hourly billing model operates neither encourages nor values entrepreneurial thinking. Young lawyers these days carry none of this baggage and many exciting new opportunities are available for them.

    “Another reason why lawyers are hard set in their ways is that so long as good salaries were being earned and there was a certain amount of protection from external competition there was simply no incentive to change. Importantly the way the traditional hourly billing model operates neither encourages nor values entrepreneurial thinking.”

    Could you tell me a bit about how you went about setting up UEL, and what were some of the biggest challenges you faced along the way?

    I have been an employment lawyer for over 40 years during which time I have striven to design services that are designed around the needs of clients rather than lawyers. Ideally they should coincide but in my view hourly billing can generally work against the interests of the client and can reward inefficiency. It does not incentivise lawyers to bring cases to a conclusion quickly.

    Employment law is a good example of a field where early intervention is virtually always in the interests of the client. However in my experience clients, particularly small businesses and individuals, can be put off taking advice if they are simply quoted an hourly rate as that is not an answer to the question “What will the advice cost?” My whole ethos has been to remove barriers to taking advice and I have always found that being able to quote a fixed fee and stick to that removes one barrier. To me this is an access to justice issue.

    “My whole ethos has been to remove barriers to taking advice and I have always found that being able to quote a fixed fee and stick to that removes one barrier. To me this is an access to justice issue.”

    The background to UEL is that I had created fixed price employment law businesses in the UK and in the Channel Islands. These combined employment law services with HR and health and safety support and were underpinned with a unique form of insurance that we developed with global insurance (www.lawatworkci.com) and was about to develop the concept in other countries when out of the blue I became seriously ill with a very rare variant on a rare illness called vasculitis so had to put international plans on hold for a long period.

    Indeed I was in India to explore the potential to develop the concept there and took the view that there would be a market for it. You can find more of the story here and here. So UEL was never planned. I just had to adapt to my condition which still places limitations on me.

    This article on introducing employment law in law schools is extremely interesting – any other suggestions on how the curriculum ought to be tweaked? 

    I would like to see more being taught around issues such as human rights, immigration, equality and diversity  etc as these are the real human issues. How to behave on social media is also highly relevant.

    You have also written, referencing Kelly Twigger’s work, on how law schools need to think about modernising their curriculum – do you think there has been some change in this since you wrote the piece? And if not, then how can one get law faculties to start thinking about this?

    In my experience there is change taking place. It is slow as one would expect. I do some work with universities myself. I think that the key is to get the right balance between academic study and practical experience.

    In the same article, you also mention how vital it is for a lawyer to build a rapport and understanding with her clients – do you think law schools can aid this process in any way? 

    That follows from the last point. The only way you can learn anything properly when human skills are involved is by being with someone who has made a success of creating successful client relationships. Behaviours rub off and values are critical.

    I think the real answer, and this happens a lot anyway, is to create working relationships between academics and practising lawyers that focus on creating a well rounded and experienced student. We have regular events at UEL and encourage participation of students and academics as well as lawyers.

    “I think the real answer, and this happens a lot anyway, is to create working relationships between academics and practising lawyers that focus on creating a well rounded and experienced student. “

    You have also written about the gig economy, and what it means for the labour lawyer. In this context, what is your view of aggregators such as Uber, AirBnb etc which don’t actually provide employment – how does one protect worker’s rights, if this is at all possible, in this gig economy? 

    That is a big question and would probably require a separate discussion. Suffice it to say for present purposes that the gig economy does suit many people and the courts are developing new definitions of employees, workers etc. Self employment is becoming more and more the norm.

    These brands do depend on people to deliver services for them and can be damaged in the event that they receive adverse publicity about how they treat people. The self employed still have a certain amount of legal protection but at the end of the day the market also has some impact on this issue.

    And lastly, do you think India’s legal market should embrace globalisation, and open up to foreign law firms? How have Scottish law firms dealt with this? 

    Yes, the only way to deal with globalisation is to embrace it not least because it is reality. Some larger Scottish law firms have become part of global law firms such as Dentons. Globalisation creates significant opportunities for Indian law firms. In India there have always been clearly defined limits on the number of partners permitted in a law firm. But there are different ways of embracing globalisation and with basic new technology, social media etc significant opportunities also exist for smaller law firms.

    “In India there have always been clearly defined limits on the number of partners permitted in a law firm. But there are different ways of embracing globalisation and with basic new technology, social media etc significant opportunities also exist for smaller law firms.”

    This is one of the underlying purposes of the United Employment Lawyers network that I am developing and we are currently looking to identify the right technology partner to work with to develop it internationally.

    The other point I would make is that the law firm model is not the only one.

    I favour an approach that blends the best attributes of a traditional high quality law firm with the freedom and flexibility of a consultancy model as this allows one to deliver a wider solution  to clients.

    I visited India a number of years ago to investigate the potential and formed the view that significant potential existed for this type of model there. Unfortunately later on before I could develop this thinking the illness I mentioned above got in the way and I was out of action for a lengthy period. However, I plan to be back!

  • First Person Accounts: Shrutanjaya Bhardwaj on the LL.M. at Michigan Law

    First Person Accounts: Shrutanjaya Bhardwaj on the LL.M. at Michigan Law

    First Person Accounts (FPA’s) are meant to provide a first-hand account of law graduates who have pursued, or are pursuing, a post-graduate course (LL.M. or otherwise) from different universities across the world.

    This edition of the FPA has Shrutanjaya Bhardwaj discussing his LL.M. experience at University of Michigan Law School (’19). A graduate of the National Law University of Delhi (’17), Shrutanjaya worked as a litigation associate for just over a year before embarking on the LL.M.

    (Edited excerpts)

    Was an LL.M. always on the cards as an undergraduate student? Or was this something you decided to take up during your time as a litigation counsel?

    I’d say the idea first came to mind when I was in my third year at NLU Delhi. That’s when I engaged with constitutional doctrine seriously for the first time. I was fortunate to be taught by extremely accomplished professors who made and kept the subject exciting. In that year and the next one, I participated in two moots and some interesting research projects on constitutional law, most of them on free speech, and liked them enough to keep going after the subject.

    It was at some point in these two years that I decided to pursue a masters degree with a focus on constitutional law. The only thing I had to decide was when.

    In fact, I landed up at the litigation office I worked at precisely because I wanted to work with an advocate practising constitutional law. One of my professors, who knew this, advised me to apply for an internship with Mr. Gopal Sankaranarayanan. I was ultimately hired based on that internship. In a big way, therefore, I worked where I did because of my affinity for constitutional law.

    I am guessing that your time as a TA for Constitutional Law played a role in your LLM choice? What were the other schools that you looked at, and what got you to narrow down on the University of Michigan? 

    The TAship definitely strengthened my inclination towards the LLM. A big chunk of my work as a TA was related to the freedom of religion, and in comparison to speech law (on which I had worked extensively), the law on religious freedom was less known to me. The TAship made me explore the nuances of that area as well. Ultimately, a desire to study the issues around religious freedom found its way into my statement of purpose.

    Apart from UMich, I looked at Oxbridge, Harvard, Yale, Columbia, Chicago and Berkeley. Of these, I received acceptances from Berkeley and Michigan, while UChicago placed me on their waitlist. What led me to pick Michigan was the generous financial aid they offered to me and some professors there whom I really wanted to meet and interact with.

    “What led me to pick Michigan was the generous financial aid they offered to me and some professors there whom I really wanted to meet and interact with.”

    Did you apply for/receive any kind of financial aid? 

    The Michigan Law School awarded me the Grotius Fellowship which covered a substantial chunk of my total expenses. I didn’t apply for other aid programs.

    How would you recommend one approach the application process in terms of timelines, written requirements and getting referees?

    Deciding who to ask for a reference can be a tough choice. Many people try to get famous people to write them letters of recommendation, but it doesn’t work unless your referee knows you really well.

    That is actually the key factor: look for someone who can write a detailed and personalized reference for you. A good reference letter is one that describes the specific traits that set you apart from other applicants, and points to real-life instances to support these descriptions. In contrast, a generic “he is a brilliant student and I wish him all the best” letter carries little weight.

    “A good reference letter is one that describes the specific traits that set you apart from other applicants, and points to real-life instances to support these descriptions. In contrast, a generic “he is a brilliant student and I wish him all the best” letter carries little weight.”

    I’d say it is crucial to speak to your referees way in advance of the application process. This is not just because it secures your letters of recommendation, but also because your referees can be a constant guiding force through the application process. Often, that guidance is strongly needed. Your referees can help clear your head regarding several things, starting from why you really want to do the LLM, what you plan to gain out of it, and whether it is an intelligent stepping stone in your career.

    The only other thing is that you must expect to spend at least a couple of months on your personal statement/ SoP. The first draft is almost always amended out of existence by the time the final (maybe tenth) draft is ready. You must leave time for the development of those ten drafts.

    How has the LLM experience been thus far? Any particular highlights along the way?

    It has been absolutely amazing! Broadly, my courses were all either constitutional law & human rights courses or philosophy courses studied through the lens of the law. I loved all of it.

    One memorable experience was being picked as the Outstanding Student in the Comparative Human Rights Law course. I was hardly expecting it, given that I would disagree with the professor on some point in every other class! It was really encouraging to receive the certificate, particularly because this professor was one of the main reasons I had decided to go to Michigan.

    Given that the undergrad experience is relatively recent, what were some of the bigger changes you noticed in the learning and teaching process between NLU Delhi and Michigan Law School? 

    The biggest difference was the widespread use of the Socratic method of teaching at UMich. Students were always expected to read complex legal texts and come prepared to class, and the Professor would call on any student during class and grill him/her on the topic.

    Though some of my teachers at NLU Delhi did adopt this method, many did not prescribe readings in advance, while most stuck to the conventional “lecture” method and almost never called on students during class. I believe the choice of teaching method makes a difference to what students take away from the class. I find the Socratic method to be more challenging, and hence also more rewarding for the student.

    I am presuming that a doctorate degree is not too far away? Else, what do you plan on doing after the LL.M? 

    I do have some inclination towards a Ph.D., but I want to develop my research ideas a bit more fully before making the final decision. I will be resuming litigation in July, and, schedule permitting, I’d perhaps also consider teaching at a law school next year.

    Lastly, what advice would you have for the Indian law graduate who is considering an LLM abroad?

    Work for sometime before diving into the masters. Work life gives you the sincerity you need in order to gain the most out of the LLM.