One of the sectors that have been badly affected by the pandemic and the subsequent lockdown is the legal sector. While the focus has been more on the daily wage workers, lawyers, particularly junior lawyers, have been badly hit by the lockdown that saw courts being shut across the country.
The current scenario of the law industry pertaining to the adversities rooting from the COVID-19 pandemic is a sorry state-of-affairs.
Gautam Khaitan, Managing Partner of O. P. Khaitan and Co, New Delhi, shared his views with and solutions with Insights Success regarding the current pandemic.
At an early age, Gautam Khaitan witnessed the incredible impact his father, Late Mr. O.P. Khaitan, (an eminent lawyer and Founder of O.P. Khaitan & Co) had on his clients, which paved the way for his desire to follow his footsteps.
“As a child I saw my father enjoying his work – to him it was both work and a hobby. I have always had the utmost respect for not only his intelligence and also his compassion for his client,” says the Managing Partner of O.P. Khaitan & Co. His admiration for his father is apparent when he speaks about him.
Gautam Khaitan created a second-generation of what his father had built at O.P. Khaitan & Co. In a short span, he took the firm to its new heights.
Like Gautam Khaitan, his son Karan Khaitan, is the descendent of generations of lawyers.
As the law profession runs in the Khaitans’ genes, Karan Khaitan, son of Mr. Gautam Khaitan, followed the suit and joined the Firm in the year 2018. His professional and personal grooming had taken place under the guidance and tutelage of some of the best legal minds of the time, including his grandfather and founder of the firm.
Karan Khaitan, a 2017 graduate from Jindal Law School is carrying on a family tradition and making five generations of lawyers. He had his stint of internships at London School of Economics and with eminent legal luminaries in India. He grew up hearing legal jargon in the family. As a fresh law school graduate, Karan first worked in the office of a legendary criminal lawyer whose propensity for winning cases left a lasting impression on him. Karan now is associated with O.P. Khaitan & Co. “I come from a long line of lawyers and legal icons. I guess you could say law was in the very air that I breathed. The mentorship and guidance I received from my grandfather and later from my father is priceless.” says Karan Khaitan. “From my dad, I learned to never give up. He never backed down from a challenge. He’s known for his belief in the judicial system and his willingness to persevere against all odds.” Adds Karan. His grandfather and Founder of the Firm has instilled in him the value of hard work, dedication, and networking.
“Dad has a photographic memory and remembers every single file. It’s phenomenal— you mention a name, and dad knows everything about the file and what needs to be done on it.” says Karan about his Father.
Today Gautam Khaitan has made his mark with a multifaceted robust practice that reflects his distinctive legal experience and unique perspective on the law. At each stage of his career, he has acquired special skills that make him the well-rounded lawyer he is today, one who is highly effective as a business negotiator and a corporate lawyer.
His lengthy stint in the corporate practise, has lot to offer his clients. His transactional experience really differentiates him. Gautam Khaitan provides a more individualized and boutique touch for his clients. He takes a hands-on approach and he likes to be more creative and think outside of the box in the style and strategy for each case, contract and transaction.
In Gautam Khaitan’s words – I find it rewarding to help others, especially when they are faced with challenges that are difficult for them to understand and deal with on their own. I find it rewarding when I can help bring closure to difficult moments in people’s lives. Not everything in the law is about disputes or controversy, it is also about building people’s lives, businesses, and dreams.
Gautam Khaitan helps clients deal with the emotional strain they are under in a moment of crisis. He tries to bring a calming influence on the situation and help the client understand there is a light at the end of the tunnel.
“It’s an honour to represent ordinary people who are going through extraordinary circumstances. To be able to help people and provide some peace of mind, hopefully, is why we’re here. When clients give you thank you notes because we made a difference – you can’t beat that,” says Gautam Khaitan.
As managing partner of O.P. Khaitan & Co, he is tasked with overseeing the day-to-day administrative issues of running the firm, while keeping its legal services on the cutting edge.
Though they are humbled by the awards and recognitions they receive for his hard work and dedication to their profession, they are adamant on making one thing clear. “It has all been a result of teamwork.”
Law scenario in COVID times
Covid-19 pandemic has affected lives around the world. No one ever imagined or let alone estimated that their jobs or salaries or wages will be affected by a pandemic. There are reports all around the country showing plight of daily wage workers affected by the pandemic and the government rolling out schemes to safeguard the interest of daily wage workers. Many other sectors, including the law sector were not considered.
“Our government did not address the issues of advocates who are also affected by this pandemic and the subsequent lockdowns imposed by our government to curb the spread of Covid. Majority of advocates in courts all over India earn their livelihood by getting paid per appearance in their respective cases and the government, without realising the plight of these advocates, closed the courts which are even now functioning only partially. In my view, the government should have consulted Bar Association of India and implemented a scheme or a financial package for junior advocates as well as advocates who are dependent on courts to earn their livelihood,” said Gautam Khaitan.
Closing of courts all over India also affected litigants as the door of justice was closed by the government without giving any prior notice. There are countless disputes pending in the courts. People have paid lakhs of rupees as fees to their lawyers so that justice is delivered to them and now courts are unable to address litigants’ legal disputes.
Gautam feels that the government should not have stopped functioning of the courts in entirety.
“Alternatively, they should have curbed the operations and formed systematic guidelines in consultation with Bar Council of India and Hon’ble Chief Justice of India as it is always said, justice delayed is justice denied,” he added.
Changing face of legal institutions
The foremost thing that this pandemic taught us is to expect the unexpected. Not only legal institutions but offices or any other organisation should adapt to any uncertain change in the future. Now court hearings are conducted virtually. And we all call it the “new normal”. The same should now be implemented as an alternative to normal i.e. virtual hearing should be an alternative to physical hearing.
Before the pandemic, lawyers all around the country used to travel to Delhi for hearing at Hon’ble Supreme Court of India and other Appellate Authorities in Delhi. Since the pandemic, Supreme Court and the Appellate Authorities are conducting hearings virtually, which is feasible for the advocates and litigants who are residing out of Delhi as they are saving on transportation cost as well as time spent on commuting and hearing.
However, not all the cases can be heard virtually as some require proper physical hearing, for example cases heard by constitutional bench which requires five judges or more and they mostly have plethora of parties on both petitioner’s and respondent’s side.
It is also pertinent to mention that since the pandemic we are more open to technology which we were not comfortable to use before. It can be said that every situation brings changes, and it is always wise to adapt to positive changes and use it for our benefit.
Speeding up delivery of justice
One thing that Gautam would want to change is curb in filing of cases at Hon’ble Supreme Court of India. Supreme Court of India handles lot of cases daily which in turn renders delay in justice. The Supreme Court is the constitutional court of India. It was formed to look into constitutional matters or matters which are of national importance. However, lawyers and litigants have misused the provisions of Article 32 of Constitution of India –writ jurisdiction of Supreme Court and Article 136 of Constitution of India –Special leave to appeal to Supreme Court from any order of any court in India by filing cases even which are without any substantial matter.
This is a need of the hour that Supreme Court should pick and choose the matters to be listed before itself just like it happens in United States Supreme Court. In United States Supreme Court, the court first reviews the cases filed before it and then out of the cases filed, Supreme Court of United States hear the ones which fall within the corners of point of constitutional and/or federal law or of national importance. The Certiorari Act of 1925 gives the United States Supreme Court the discretion to decide whether to hear the cases filed before it or not. (However, both Indian Supreme Court and United States Supreme Court also have original jurisdiction which are limited to disputes between states or respective countries are party to the international treaties).
The same should be applied in India which will eventually give High Courts of all states to settle the matter and decisions rendered by the High Court would be final and binding. It will render justice effectively and without any delay.
This is a need of the hour that Supreme Court should pick and choose the matters to be listed before itself just like it happens in United States Supreme Court.
