Name of Legal Stalwart: Adv Mitul Jain
Designation: Advocate at Rajasthan High Court, Founding partner of Advaita Law Partners, Jaipur, Rajasthan.
Bar Council No.: R/559/14
Areas of Practice: Criminal Lawyer, specialized in the field of matters relating to criminal Law and commercial practice related to Insolvency.
About: Advocate Mitul Jain completed his Bachelor of Laws from National Law University Delhi and started his professional career at the Rajasthan High court, Bench at Jaipur whereby being enrolled in the state bar council of Rajasthan. He likes to introduce himself to his readers as a persistent learner who believes that ‘the best way out is always through’.
Q.1) Please tell us about your journey from being a junior advocate to the stage when you are regarded as the top-shot Criminal Lawyer of Rajasthan High Court, Bench at Jaipur.
My journey in the field of litigation was a challenging one I started my professional journey back in June 2014, and it will be a practice of 10 years as a young independent advocate in the year 2024. It was definitely not easy to establish this practice and excel as a self-made advocate in this industry, but PATIENCE, COURAGE, and HARD WORK are the three things that kept and still keeps me going in the right direction to achieve my goals.
Q.2) Are you a first-generation lawyer? How does it make a difference from 2nd or subsequent generation of Advocates, in terms of struggle and work?
Yes, I am a first-generation lawyer. Coming to the latter part of the question, I would like to quote, “DEFINITELY, it is like a situation where in 300 meters race a first-generation lawyer is at the starting point whereas a second-generation lawyer starts the race from 150”. There is less struggle involved in a journey of a second-generation lawyer. Although, it differs from generation to generation which requires tremendous hard work to meet the expectations set by the successors.
I believe that every lawyer needs an office and library. A second-generation lawyer inherits it, whereas a first-generation lawyer spends his hard-earned money to buy every single book present in his library.
Q.3) How do you think that Law School education has changed since then?
Law school education has significantly changed since I was a law student. It can be seen that the ACCESSIBILITY, as well as INSIGHTS to law school, has considerably increased. Nowadays, law students are clearer as to the field they want to settle into, and the concept of Internship has become a culture in the legal industry.
However, I feel that law school education deprives students from the practical aspect of the legal system. Universities should encourage legal practitioners to take sessions with the students in order to educate them not theoretically but also practically.
Q.4) Why the profession of law excites you?
“PEOPLE” are the most significant characteristic that keeps you going in this field and also provides insight into society. They tell you about the current situation of society from a dual perspective.
Glimpse from the Interview: Renuka Bhalerao interviewing Advocate Mitul Jain
Q.5) Who is your inspiration, and what all things motivate you to keep all your zeal in the highest spirit?
In this legal profession, no one can have a single inspiration, at least I don’t, but the most significant person I get my inspiration from is Mr. Arvind P. Datar. He is a first-generation lawyer & a prominent senior advocate with more than 40 years of practice at the Madras High Court and the Supreme Court and has recently been called by United Kingdom chambers to join the fountain court. Books like “Nani Palkhivala: The courtroom Genius,” authored by Mr. Datar, and “The Legal Eagles” by Indu Bhan inspire me a lot.
Q.6) The underlying principles and values that you preach & apply for excelling in professional life?
PATIENCE, COURAGE & HONESTY, being in a legal profession, especially litigation maintaining the momentum is paramount and these are the three underlying principles of my life that keep the momentum preserved. It takes a lot of patience when you work hard for a case, and the court might not be there the next day, having the courage to STAND FOR THE TRUTH, and lastly, being honest to yourself, your client, and also to the BENCH.
Q.7) Litigation is a full-time profession, so how do you balance both your personal and professional life?
Honestly, there is no such thing as a ‘perfect’ work-life balance. For me, it’s a great tussle to maintain a balance between my personal and professional life, but “READING” is something that acts as a bridge between my work and personal life. I enjoy reading books in my leisure as well as in my work time. Apart from this, in the course of summer and winter vacation, time is taken off for loved ones.
Q.8) What are the challenges and changes which you see and wish to be bought in the Indian Legal System?
PENDENCY of cases is the major challenge that needs to be curbed, moreover the current issue of appointment of judges between the Supreme court & the Government. The question as to how to attract young talent to the profession? must be answered in a way that facilitates both the legal system as well the young junior advocates. The change I wish to be brought in here is that of proper “REMUNERATION” to the junior advocates then only we can curb the situation of pendency as there will be more youngsters choosing litigation where they will obtain a deserved pay.
Q.9) What are the hardships that a defence counsel faces while presenting a case before the Hon’ble Court?
As defence counsels, we are basically fighting the STATE. The hardships that come in the picture is that the “odds are against us” and you are in a handicapped situation because before getting a hold of the chargesheet we have to rely on the contents of the FIR. Whereas, the prosecution possesses all the documents that are required. The rate at which the trial progresses can also be stressful to the extent that the ‘PROCESS BECOME THE PUNISHMENT.’
Q.10) What will be your words of guidance to young lawyers?
‘READ’ a lot, Build RELATIONS, not the network, trust the PROCESS, be honest, have patience WORK HARD as much as you can. Mr. Fali S. Nariman, in Before Memory Fades: An Autobiography said, Men at some times are masters of their fate: The fault, dear Brutus, is not in our stars, but in ourselves that we are underlings.”
The Interviewee, Renuka Bhalerao is a 3rd year B.Com LL. B (Hons), student at UPES, Dehradun. She is currently interning with LatestLaws.com.
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