Abhijit Paul has done his LL.B. from Calcutta University in the year 2006. He has also done Company Secretary (Intermediate). In addition, he is a Qualified Tax Returns Preparer (TRP) and Service Tax Return Preparer (STRP) as prescribed by the Ministry of Finance (Department of Revenue). He was ranked 78 in West Bengal Judicial Service in 2009, for the post of Judicial Magistrate. He is presently working as Legal Head with Polar Group. He shares his views on the duties and responsibilities of a Legal Head with the LawZ team.
How does the role of a legal manager change with time while working for a company.
It is a diversified role. One has to perform many functions. Initially, it would range from preparing consolidated legal status for management discussion, analysis to providing result-oriented strategy and for reporting on action taken, implementation, result and preparing flow charts. As you climb the ladder, the role requires you to frame strategy, check and control the performance of Assistant Managers, Legal Officers, Trainees and Branch Officers.
What qualities do you think law graduates should imbibe for a successful future in a company’s legal team?
These days the quality of legal education has improved. Yet, there are many aspects which only practical training can teach. In my view, students should first know the working of courts and tribunals. Being workaholic is not going to take you much ahead. Practical knowledge is important. One who does not know how the courts function would not be of much assistance to the Company in the long run. Any legal team would want its associates to have a practical approach in suggesting solutions to legal challenges being faced by the Company. Also, there is no age for learning. You keep learning new things each day. Law is such a dynamic thing, one cannot afford to sit loose over it. You need to be updated.
Any requirements of Companies from their legal teams or counsels that have emerged in the recent past?
I feel nearly all companies would want their legal team to be updated with industry specific laws. As in, a sugar manufacturer would want its legal team to be abreast with law relating to sugarcane industry, while an Export-oriented company would require a completely different set of updates on law. It is very important that the in-house team comes with a monthly or bi-monthly capsule on any changes or updates in the existing laws relating to the same industry in which the Company is engaged.
Taxation has always been treated as a specialized field of law, dominated by Chartered Accountants. What role does the legal team perform in a company in this regard?
The perception is not totally correct. The legal team plays an important role even in matters relating to taxation laws. This role includes preparing Appeal and Stay Application and filing the same with the Commissioner of Appeals with respect to Excise and Service Tax Matters. Drafting of writ petitions on issues involving CST and VAT. In fact, I can say that the litigation part of the taxation laws is ultimately the responsibility of the legal team, while to a large extent, the Chartered Accountants are responsible for the compliance part.