Thread by @barandbench

Senior Advocate Arvind P Datar speaks on “Lessons learn from a 40-year Professional Journey.”

The session is organised as part of the Madras Tax Bar Webinar Series.

Datar recalls that when he was asked to speak as part of the webinar, he was told that the Madras Tax Bar has been conducted webinars during the lockdown every few days.

About 52 webinars have been conducted so far.

Datar recalls that before the lockdown, he was not aware of the word webinar. But now words like "webinar" and their platforms have become part of everyday speak.

Datar says that he came from Bombay and joined the Madras Law College around 1977, when it was the last year of the Emergency.

Datar recalls that in his second year of college was when Indira Gandhi lost the elections.

The College began to see more strikes. But because of that, he was able to go to the Madras High court more, since there were no classes.

Datar recalls "I was able to see many very senior lawyers in practice."

The first lesson he has, Datar says, "is that keep observing people in court, learn to observe properly."

Datar recalls having observed eminent tax lawyer Soli Dastur who would never interrupt the judge.

The second lesson that he learnt was to read biographies.

"Devour biographies", Datar says. "read biographies. There is so much to learn from biographies."

Datar says that he knew from his college days that he wanted to be a tax lawyer. But he was advised to learn civil law first.

After having starting practice, around 1984 he found that he did not initially have much tax work coming in.

He was told to not sit at home and to go to court, or the library. Apart from going to Court, he started attending lectures, Datar says.

Around this time, a counsel asked him to take up civil cases. So Datar recalls he started taking up civil cases.

"I used to get 60 Rs in rent control cases", Datar recalls. He took up a variety of civil cases.

A lot of city civil casework came from the Indian Express Group.

Datar adds that some times there are setbacks, referring to how he did not have tax work, to begin with.

Things often go wrong, Datar remarks. But things went on.

Later he also began to focus on writing work, he recalls.

By age 32, he eventually published a book on Excise law after many setbacks.

"Writing a book really, really helps a lawyer", Datar says.

After my book came, my income went up by 4 times, Datar recalls.

Datar adds that there may be setbacks, but one shouldn't be disheartened as long as you're on the path.

"The most important thing is to have a clear goal and a clear target", Senior Advocate Datar says.

A presentation is also played for the audience.

While speaking on how it is important to have a plan of action, Datar notes that even when it comes to New Year Resolutions, it is estimated that 94% of people have already faltered on their resolutions by January 14.

Datar speaks on how it is important to have audacious goals.

He takes the example of Arunima Sinha, the world's first woman amputee to scale Mount Everest.

Datar speaks on how it is important to periodically review one's actions, while referring to the Japanese concept of Hansei. The idea is to take time to examine one's actions and improve the same.

On time management, Datar says that he likes to work in time blocks of 90 mins or so at a time.

Schedule weekly goals. List out in the morning, what are the 3 most important goals to do in the morning.

Instead of a to-do list, a "not-to-do" list is more useful.

Speaking on how one should be patient, Datar points out that several eminent lawyers including Chagla, ST Desai, among others, did not have work for a long time.

Datar goes on to add that one should pick a field of law to master.

Have the habit of keeping a notebook so note down important cases as and when you hear of them, to read them later, Datar advises.

Things will go wrong, they will always go wrong. Only, thing is that you have to course-correct: Arvind Datar.

Referring to points 5 and 6 in the presentation, Datar remarks "You are what you think of all day. Thoughts are incredibly powerful."

"Your thoughts and your words play a role in shaping your destiny", Datar.

Arvind Datar also shares some "random thoughts" as he concludes:

Always be grateful.

Never chase money for the sake of money. Money will come as a result of your personal excellence.

How we respond is important We can choose how to respond as human beings, unlike animals.

You can never achieve anything without becoming uncomfortable, Datar adds.

As he concludes his presentation, Datar remarks that every day should be viewed as a new beginning. We should always work towards being the best version of ourself.

On being asked about Datar's own goals, Datar recalls that in college his goal was to be a tax lawyer.

Later it was to write his first book around the age of 30. Thereafter, it was to write a book on Constitutional law.

Unless the goal is high, audacious, it will not motivate you, Datar says

However, he adds that the goal should not be so absurd that it is unachievable

The goal should be outside your comfort zone, but attainable. Go for it, you will stumble and fall, but you will achieve it

On advice to young tax practitioners, Datar says to focus on digital taxations, cross border taxation.

Deeply study e-commerce and the tax implications of that, Datar says.

How important is court craft?

I think court craft is very, very important. Otherwise, you can just give written submissions to the judge and be done with it. How you say it is important, Datar says.

Datar recalls how he learnt a lot from the seniors he saw practising in Court. You cannot copy them, that would look odd, Datar says. He adds, however, that you can learn from them.

Another thing about court craft is to argue as many different cases as you can, Datar says.

On how promising the law students today are?

Younger students are much, much brighter, Datar says.

"I can definitely say that the younger generation is far more intellectually capable than our generation."

On the other side, the younger generation lawyers also want everything fast, they to develop patience, Datar observes.

Another aspect he has observed is that lawyers today want to go do an LLM abroad, although he does not know why.

"I guess it is herd mentality".

Arvind Datar says that before going abroad for LLM, the student should really think if it is worth it.

Further, Datar also observes that "everybody wants to go to the Supreme Court", while there's a lot of work in the lower courts.

"This is part of the system, there is nothing you can do" Datar responds to query over how it is difficult to maintain patience sometimes when the judges do not understand the case regardless how hard the advocate case.

On this aspect, Datar recalls an anecdote where an advocate sat down at lunch with his junior after a court hearing.

While his junior remarked that the judge was "mokka", the senior responded that it is not that the judge is "mokka", it is their job to make the judge understand

On what to do when judges do not understand the case being argued, Datar adds that when it does happen,

1. There is nothing you can do about it.
2. I try to tell myself, why don't I look at it as a lesson to improve my advocacy

Datar adds that for every judge who doesn't understand, there are two who do.

While speaking on how he takes such cases as an opportunity to improve his advocacy, Datar remarks that "One thing I miss is the sheer oxygen of going to Court."

You should never foul the atmosphere. We are all officers of the Court, says Arvind Datar.

He recalls that during the Sahara case, Jethmalani made very personal remarks against him to which he didn't react.

Later when Jethmalani was trying to find a case law in court, Datar recalls that he helped him in finding the citation.

Datar says that Chief Justice Kehar also remarked,

"He (Jethmalani) kept on making remarks, you never reacted. And now you are helping him."

Datar observes emphasises that young lawyers should not go straight into specialisation.

Before you take up a medical specialisation, for instance, you do one year of house surgeoncy.

Every lawyer should go do one year of civil law, another year of basic criminal law, and then go do your specialisation, Datar says.

Don't be in a hurry. Those two years is an investment. It is a basic grounding. Better than any LLM, Datar says.

Datar also speaks on how it is on the lawyer to absorb as much knowledge as they can.

He recalls that when he entered the profession, his senior, Natarajan told him "Kanna, no one will teach you anything, you will have to learn your own."

On what reforms are required in the legal profession, Datar highlights the following areas:

1. Legal education reform.
2. There should be clarity on what is for courts and what is meant for tribunals.
3. The way in which judges are selected

NL Rajah, who had posed the query, also adds that a change should be made so that it is no longer open book exams for the All India Bar Exam.

There, must have some entry barrier, standards to enter the law profession. The open-book exam is making a mockery of it, says Rajah.

Last question: What is the secret of fitness at this age?

Datar responds: "Oh no. I'm not fit at all. I have zero control over what I eat. I eat too many sweets. I've been blessed with good health. I wish I had more discipline... I try to exercise 2-3 times a week."

Datar also adds one more piece of advice he got from his senior Natarajan, who was told the same by his senior:

Before you get annoyed with a judge, remember for you this is your bread and butter; (but) for your client, it is his life.

Session ends after a vote of thanks.

Audience informed that a record high of about 400 participants joined the session.

The full video of the zoom meeting session will be uploaded on the Madras Bar Association youtube channel.

Correction: The link of the full session will be uploaded on the YouTube channel of the Madras Tax Bar Association.