Boundaries are merely artificial and intangible lines of fictitious individual perceptions. However, geographic boundaries – borders – have the power to alter the land’s cultures, customs, and laws. Zeenat Phophalia, Of Counsel at Davies & Associates, LLC, headquartered in New York City, understands these global cross-border ever-evolving intricacies of the legal profession.
In such a scenario, according to Zeenat, the Indian Legal Industry is already in the process of transformation. She states her views, “With the technological impact and increased cross border work and more and more globalization, I don’t think it’s an exaggeration to say that the Indian legal industry has got a makeover. What would sell as a general corporate or contract law practice some years ago no longer works. Areas of practice are specialized and super-specialized these days. Legal Process Outsourcing, a concept less popular ten years ago, is ever growing and thriving today.”
The Transformational Power of the Judiciary
This vastness of law inspired Zeenat in the first place to choose law as her profession. She comes from a family of lawyers and was exposed to this profession at a young age, “And I think it was a natural inclination for me.” Her mother, a trust and estate lawyer, used to take her to courthouses, and she has vivid memories of walking the hallways of the many courtrooms and being fascinated by and in awe of all the energy around.
“As a child, of course, I had little appreciation of the depth and dynamism of this profession. But as I came to learn more about law in my high school years (and thanks to the many John Grisham novels), I began to truly understand the power it wields and the influence it has to impact society and bring about change – change in big ways – be it through litigation, judiciary or advocacy,” she says. Also, what is so wonderful about this profession is that it’s so diverse – there are so many areas of the law, each entirely different from the other yet interlinked in many ways.
Shedding light on her professional tenure, Zeenat informs that she is an attorney licensed to practice law in the State of New York, the United Kingdom, and India. Her expertise lies in US business immigration. Over the past ten years, she has represented clients in business and employment immigration, permanent residence, consular matters, naturalization, and waivers of inadmissibility. She has advised clients on nonimmigrant visa applications and petitions such as L1, H1-B, F1, and O, as well as EB-1 and EB-5 cases and related immigration compliance.
“Having studied and worked in America and I’m equipped with a deep understanding of the system, and have helped several businesses and families navigate the many nuances and complexities of US immigration law. It’s given me great satisfaction to have assisted my clients in realizing their American dream,” shares Zeenat.
Before practising immigration law, she worked with leading law firms in India, advising domestic and international clients on Indian corporate law, mergers, and acquisitions and entry strategies and foreign investment regulations.
An International Saga of an Immigration Attorney
Zeenat highlights her roles and responsibilities as Of Counsel with Davies and Associates LLC based in Mumbai. “The firm has a global presence, and we have offices across different continents and time zones,” she informs.
She particularly supports the firm’s growing client base in India and South East Asia – Vietnam and Singapore. “I advise clients on various US immigration options and strategies, including employment visas, green cards, and investor visas, and assist with consular representation. I also oversee the teams’ case management and client deliverables,” she adds.
Davies & Associates, LLC is a US law firm that started life assisting Indian business owners seeking to expand to the United States, managing all aspects of the process from visa application to company incorporation and tax structuring. Since then, they have expanded into assisting Indian nationals with applying for US investor visas, US family immigration, US intracompany transfer visas, and much more. The firm has also extended its global reach, assisting Indian clients seeking to move to the United Kingdom, Italy, Canada, Vietnam, Turkey, Grenada, and beyond.
The firm has a team dedicated to the US L1 Visa, which permits the intracompany transfer of certain employees from the Indian office to the existing or newly established US office. It also has a team dedicated to filing EB5 Investor Visas applications, which has experience with the unique financial and cultural requirements of Indian clients, such as issues relating to the Liberalised Remittance Scheme and documenting the Source of Funds used to finance the investment.
The firm’s E2 visa practice was the first in the world to obtain an E2 visa for an Indian client through the Grenada Citizenship by Investment donation route. Indians are not directly eligible for the E2 visa and must first become citizens of an E2 country, such as Grenada if they wish to become eligible. The E2 visa is a nonimmigrant visa that permits the holder to reside in the United States with qualifying family members to invest in and run a business. Spouses of E2 holders are authorized to work in the United States.
Winning Over Challenges
Recalling challenges she faced while venturing into the legal industry viz-a-viz challenges of today, Zeenat says that in her first law firm job, she was put on a rotation program to get an opportunity to work in different practice areas. She had started in the firm’s litigation practice and spent almost every day at a courthouse. She remembers, “Back then, there were far more male litigators than female; I think women were taken less seriously and often dismissed as not being “tough” (as was expected of a litigator), but over the past 20 years, things have changed so much, and as a woman, you no longer feel a misfit when you walk into a courtroom.”
Also, in her initial years as a young lawyer, she didn’t have access to a mentor, “And I think getting guidance helps tremendously, more importantly in your early years as you are still navigating and finding your niche. I feel that that gap still exists,” she says. While many firms and companies have mentorship programs in place, given the very long hours and perpetually aggressive deadlines chased, mentorship is often sidelined and not given the importance it deserves.
Lawyers are known for working endless hours; as passionate as one may feel about their work, exhaustion and meltdowns are real, often recurring, and cannot be ignored. While this comes with the territory, these can have long-term effects. There are ways to mitigate and balance by prioritizing wellbeing, delegating, collaborating, teaming, and seeking help.
Tech-Know-Legal Advancements
Zeenat shares her opinions on the technological impact on the legal profession and how she is leveraging advanced tech to ensure the seamless delivery of services to her clients. She says that technological advancements have revolutionized many industries and professions, and the legal sector is no exception. Many law firms today have adopted modern technological solutions; for example, AI is used for document review, case law research, predicting outcomes in certain cases, etc.
The digital tools can process and review large volumes of documents which significantly lowers litigation costs. Various case management software is designed to help lawyers and legal teams efficiently manage multiple tasks and deadlines. She adds, “These are particularly important for immigration law firms such as ours where keeping track of visa petition validity and expiry dates becomes of utmost importance as this affects the immigration status of a foreign worker or dependent.” Then there are knowledge management tools that create a central repository of legal material, making knowledge easily and quickly accessible firm-wide, and the list goes on. Undoubtedly, technology has impacted the legal sector for the better, making things more cost-effective and efficient.
Deep Impact
Highlighting unique factors standing her out as an influential lawyer, Zeenat feels her legal training in various countries has equipped her with a strong understanding of the legal system of these countries – the US, India, and the UK. “Moreover, understanding the cultural, political, and social aspects of different geographies, I think, forms an important part and a practical component of the legal services and advice that I can provide as a lawyer,” she explains. For example, for Indian companies wanting to set up businesses in the US and send their employees on US work visas, assessing the Indian industry in regulatory compliance becomes important. Her Indian training puts her in a better position to advise on compliance and other regulatory issues in such cases.
In her advice to the budding legal professionals aspiring to step into the legal field, Zeenat says that today, the profession of law is more exciting and dynamic than ever before; with the penetration of technology, the legal sector has adapted, remolded, is thriving and full of opportunities. It’s a great time to be graduating law school.
“To me, self-motivation, critical thinking, and collaboration are important to growth. That said, starting, whether on your own, in-house or with a law firm, comes with its share of heartburns. I feel it’s important to know that it’s OK to make mistakes, doubt yourself, and reach out for help. Having a mentor, someone in a senior role within the organization – truly helps, someone who can help you navigate. I would also say this, and more so in the context of the uncertain times that we live in – one should be willing to pivot if needed. While you may absolutely love doing bankruptcy, if the need of the hour is IP, be open to learning and adapting and acquiring a new skillset. And last but not least, we lawyers have a reputation for burning the midnight oil, which may not necessarily be something to be trumpeting about. While it’s important to stay committed and work hard, of equal importance is your wellbeing, and so always, always remember to be kind to yourself,” she concludes.
