Mr. Zameer Nathani's views on In-House Corporate Counsel versus Litigation Counsel

Mr. Zameer Nathani's views on 

In-House Corporate Counsel versus 

Litigation Counsel

Mr. Zameer Nathani, Director - Legal at Raymond Limited, former Head – Legal of Balaji Telefilms Limited and Balaji Motion Pictures Limited, former Associate Vice President – Legal for Reliance Entertainment, Digital Businesses, and illustrated his talk with a case study on the Movie “Dirty Picture” which he had personally handled for Balaji Motion Pictures Limited and won before Bombay High Court as landmark judgment on brand name, a judgment in the film industry after 1977 year Movie “Sholay”, and handling legal controversy on serial “Jodha Akbar”, film “Shootout at Wadala, Once Upon a Time Mumbai Doobara, Ragini MMS etc.”.

Mr. Zameer Nathani, share his expert views on law practice as In-House Corporate Counsel versus Litigation Counsel:

An In-House Corporate Counsel Practice deals with internal legal assignments of a corporate ranging from: Drafting, vetting, negotiation and finalization of contracts, Issuing legal notices and dealing with legal notices received, Strategizing the best course of legal action or llitigation(civil or criminal, including winding up, cheque bouncing, recovery proceedings and/or criminal prosecution for cheating, criminal breach of trust, conspiracy etc.) in a given matter. Involving in dispute settlement discussions with opposite parties. Dealing with llitigation relating to Company law including Private Equity Investors etc. Initiating and dealing with Police Complaints and Cyber Crime Complaints, Initiating Trade Mark, Copyright and Patent Applications and dealing with oppositions, objections of the aforesaid including taking cognizance of infringement etc. Advising management on corporate affairs. Advising management on day to day legal affairs and opinions in respect of legal matters as required, Issuing Legal policies on various issues of corporate governance. Issuing a Legal Manual and SOP on processes, policies, procedures on handling of legal assignments and avoid risks and obnoxious arrangements. Maintaining Legal Documents and Administrative Ccompliance like MIS etc. for internal control, knowledge and record.

A Litigation Counselor the other hand is concerned with: Drafting and representation of Client in a court of law. Drafting and representation of Client in civil suits, criminal proceedings, winding up petitions, notice of motions applications etc. Deliberations and arguments for putting the best case of a Client before a court of competent jurisdiction (from a lower court to Supreme Court). Advising Clients on the best course of legal action in courts etc. Evaluating evidential value and proprietary of proofs in a legal dispute. Advising Clients on issues which are subject matter of a legal dispute. Giving Case for Opinion on any legal matter based on brief received.

Sometime, it is said that In-House Corporate Counsel is more of a strategizing attorney in addition to in-house legal assignments and administration of the legal affairs of the Company as an advisory lawyer. A Litigation Counsel on the other hand may be primary or supplementary to the strategy of an In-House Corporate Counsel on litigation, corporate planning etc., represent both individuals and corporate clients.

An In-House Corporate Counsel is a contracted employee or consultant of a company, organization or businesses and is usually dedicate to the Corporate, and has a fixed salary, fee or retainer. A Litigation Counsel charges to the Client on hourly basis, lump sum basis, case to case basis, per hearing etc., as the Counsel may determine. A Transactional lawyer for e.g.: Private Equity etc., on the other hand, charge an hourly fee for their services to the Client. Companies and Businesses may not require the services of Litigation Counsel and In-House Corporate Counsel aim to help their clients avoid litigation through the preparation of complete contracts and through advising on how to follow the law. In-House Corporate Counsel often write contracts or do corporate planning or work behind the scenes where they may consult with Litigation Counsel about potential issues that could lead to lawsuits, and they try to write contracts that are complete enough to avoid any breach of contract lawsuits etc. Many companies have In-House Corporate Counsel, but few have In-House Litigation Counsel.

 If a company writes a lot of contracts or needs a lot of behind-the-scenes legal advice, they may hire an In-House Corporate Counsel to be on the staff of their company. Since most companies do not regularly engage in litigation, their In-House Corporate Counsel is generally not a litigator. Litigation Counsel represents clients who are suing or being sued, and may negotiate settlements on request or go to court when their clients are sued or need to sue someone. A Litigation Counsel may help to settle cases and most cases may settle out of court, and a Litigation Counsel will prepare a case and determines how strong the case is. 

This information will then be used to offer or consider a settlement. A Litigation Counsel spends time in court and argues cases of their Clients in court of law before a judge or jury (where applicable). In short, In-House Corporate Counsel work behind the scenes, writing contracts, and otherwise doing legal work that does not involve going to court, and a Litigation Counsel takes up legal assignments for drafting, representations and arguments in a legal matter or issue before a court of law, and it can be said that an In-House Corporate Counsel and Litigation Counsel do different legal assignments within the same legal system.