Legal Issues Surrounding Cloud Computing

With the explosive growth of innovations in the Information Technology industry, the Legal provisions are currently lagging behind and desperately looking for ways to cope up with the never-seen-before advancements. Cloud computing, being one of such recent advancements, have raised a number of legal issues including privacy and data security, contracting issues, issues relating to the location of the data, and business considerations.

The abovementioned issues are the primary ones faced by almost all the nations across the globe. However, when it comes to the Indian scenario, a number of additional complicated issues are faced by India owing to lack of awareness and lack of resources. With the ‘Digital India’ initiative in the news, it is obvious that more and more individuals and organisations will be using online services and infrastructure via the Cloud in the near future; and it is, therefore, necessary to analyse our position thereon and discuss whether our legal system is ready for such a revolutionary change.

The legal issues that frequently arise in the cloud are wide-ranging. However, attempting a broad generalisation, mainly four types of issues arise therein:

  1. Privacy of data and data security
  2. Issues relating to contractual relation between the cloud service provider and the customer
  3. Complex jurisdictional issues, or issues relating to the location of the data and the set of laws applicable
  4. Commercial as well as business considerations

At the outset, it may very well be clarified that though cloud computing enables the customer access to computing, networking, storage resources just like traditional outsourcing services and Application Service Providers (ASPs), it has a legal nature quite different from these two owing to its distinctive features like ‘on-demand access’, and ‘unit-based pricing’ (pay-per-use).

Privacy and data security issues:

Seemingly, the main privacy/data security issue relating to the cloud is ‘data breach’. Data breach may be in the generic sense defined as the loss of unencrypted electronically stored personal information (Buyya, Broberg, & Goscinski, 2015). A data breach can cause loss to both the provider as well as the customer in numerous ways; with identity theft and chances of debit/credit card fraud to the customer, and financial harm, loss of customer, loss of reputation, potential lawsuits et cetera for the provider.

The American law requires data breach notification to be issued of affected persons in such case of a data breach. Almost all the states in the United States now require notification of affected persons upon the occurrence of a data breach.

Talking about the Indian scenario, most of the providers are seen to attempt at lessening their risk liability in case of a data breach scenario. However, as more sensitive information is entering the cloud every passing day, businesses and corporations have started negotiating the contracts so as to insert terms that expand the contractual obligations of the providers.

Problem arises when the data is subject to more than one jurisdictions, and the jurisdictions have different laws regarding data privacy. For example, the European Union Data Privacy Directive clearly states that ‘Data cannot leave the EU unless it goes to a country that ensures an “adequate level of protection”.’ Now, although such statement makes the EU provisions easily enforceable, but it restricts the data movement thereby reducing the data efficiency.

Contracting Issues:

Clearly, licensing agreements are fundamentally different from Service agreements. Cloud essentially, in all its permutations (IaaS, PaaS, SaaS), is a service, and therefore is governed by a Service agreement instead of a Licensing agreement.

However, the main issue regarding the Cloud Service agreements is ‘contract of adhesion’. Owing to the limited expansion of Cloud Services in India, most of the time the ‘Click-wrap agreement’ model is used, causing the contract to be one of the contract of adhesion. It leaves no or little scope for negotiation on the part of the user/customer.

With the expansion of the Cloud computing, gradually the negotiation power of the large corporation will cause the Cloud Contracts to be standard and negotiated ones. However, at an individual level, this is still a far destination.

Legal provisions clearly cannot force the cloud providers to have a negotiating session with each and every customer. However, legal provisions may be made to ensure that the liability and risk responsibility clauses follow a standard pattern which compensates the user for the lack of negotiation during the formation of the contract.

Jurisdictional Issues:

Jurisdiction is the authority of a court to judge acts committed in a certain territory. Jurisdiction in case of legal issues relating to the Cloud services becomes difficult and critical because of the features of Cloud like ‘Virtualization’, and ‘Multi-tenancy’.

While virtualization ensures the requirement of less hardware and consumption of less power thereby ensuring computing efficiency, it also on the other hand makes it difficult for the cloud user or the cloud provider to know what information is housed on various machines at any given time.

Multi-tenancy refers to the ability of a cloud provider to deliver services to many individuals or organisations from a single shared software. The risk with this is that it makes it highly possible that the data of one user may be accessed in an unauthorised manner by another user since the data of various users are only virtually separated and not physically. Also, it makes it difficult to back up and restore data.

The cloud enables a great deal of flexibility in data location, which ensures maximum efficiency in data usage and accessibility. However, it creates a number of legal issues as well. It makes it quite possible a scenario that the same data may be stored in multiple locations at a given time. Now, if the multiple locations are subject to different jurisdiction and different legal system, there arises a possibility that there may be conflicting legal provisions regarding data in the two aforementioned different locations. This gives rise to most of the jurisdictional issues in Cloud computing.

Also, laws relating to confidentiality and Government access to data are different across different nations. While the Indian laws manage to strike a balance between national security and individual privacy, most of the nations do not prefer a balance and have adopted a biased view on this. Problem of conflict of laws arises herein, in such cases.

Commercial and Business Considerations:

Other commercial and business considerations like the urge to minimize risk, maintain data integrity, accessibility and availability of data as well as Service level Agreements have also significantly shaped the present as well as future of Cloud Computing in India. It also creates a number of foreseeable as well as unforeseeable issues that needs to be addressed by dedicated legislations therefor.

It is an accepted truth that Law always lags behind technical innovations, and the complexities of the Cloud innovations and related Cloud Services like Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS) will force the law and legislations to catch up in order for an effective legal system that provides legal remedies to prevent and redress the resultant harms.

Raising awareness, ensuring universal access to information, and resource mobilizing are complimentary solutions that’ll never go wrong for the Indian scenario in order to add to the effectiveness of an effective legal system.

Note: This post first appeared here.


Founder, Editor-in-chief


‘Passionate!’ That’s the only word he uses to describe himself. Questioning assumptions. Challenging hypocrisies. Making the planet a better place to live in. Can be found at


Macquarie Bank Ltd. v. Shilpi Cable Technologies: Supreme Court clearing the air on procedural aspects of Insolvency and Bankruptcy Code, 2016

Facts of the Case

One Company named Uttam Galva Metallics (Corporate Debtor) (Respondent in the current case) did not make the payment to one bank named Macquarie Bank (Operational Creditor) (Appellant in the current case). The amount which was demanded by the bank amounted to 6,321,337 US dollars which is equal to Rs 4,11,15,190. The bank sent emails repeatedly to the respondent demanding the payment of the amount. The Respondent did not make payment even after receiving multiple emails. The bank then sent a statutory notice to the respondent under Section 433 and 434 of the Companies Act, these Sections stipulate for circumstances in which company may be wound up by Court and conditions for when a company is deemed to be unable to pay its debt, respectively. The Appellant made use of Insolvency and Bankruptcy Code (IBC) and gave a ‘Demand Notice’ to the Respondent under Section 8 of the IBC. The respondent in its reply denied the existence of debt and also questioned the Purchase Agreement. Hence, the appellants approached National Company Law Tribunal (NCLT) and started the Corporate Insolvency Resolution Process.

NCLT Ruling

The NCLT rejected the application of Corporate Insolvency Resolution Process on the ground that the application was devoid of the compulsory requirements under Section 9(3)(c) of the IBC. This Section required that a copy of the certificate from the financial institutions maintaining accounts of the operational creditor confirming that there is no payment of an unpaid operational debt by the corporate debtor be attached with Insolvency Resolution Process Moreover, the bank being foreign it was held that it is not a ‘Financial Institution’ as per Section 3(14) of the IBC and thus it was held that it is not a certificate from a Financial Institution.

The second reason for rejecting the application was that there was already an existence of dispute before the Demand Notice was sent u/S 8(2)(a) of the IBC which was also raised at the time when a reply was made to the Statutory Notice which was furnished under  Section  433 and 434 of the Companies Act.

National Company Law Appellate Tribunal (NCLAT) Ruling

NCLAT upheld the NCLT’s order reason being that an application has to complete the statutory requirements u/S 9(3)(c) of the IBC and that the bank not being a Financial Institution u/S 3(14) of the IBC cannot issue a valid certificate signifying the payment/non-payment of a debt. The certificate being a compulsory requirement and it not being made by a financial institution the application remains incomplete.

Moreover, the tribunal paid heed to the Demand Notice and held that it should be made in compliance with Form 3 under Rule 5 of IBC Rules, 2016. Such Demand Notice was to be sent by the Operational Creditor himself or by a person authorized by him and a lawyer sending such Demand Notice would not suffice the Notice to be a Demand Notice u/S8 of the IBC. The appeal was rejected on these grounds.

Issues Before the Hon’ble Supreme Court

Issue 1: Whether a demand notice of an unpaid operational debt can be issued by a lawyer on behalf of the operational creditor?

Issue 2: Whether, in relation to an operational debt, the provision contained in Section 9(3)(c) of the IBC stipulating for the requirement of a Financial Institution’s certificate with respect to payment of the Debt is mandatory?

Contentions raised

Appellant’s Side:

Learned senior advocate appearing on behalf of the appellant, referred to various provisions of the Code. According to learned senior counsel, on a conjoint reading of Section 9(3)(c), Rule 6 and Form 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (“Adjudicating Authority Rules”), it is clear that Section 9(3)(c) is not mandatory, but only directory and that, in the said section, “shall” should be read as “may”.

Further, according to learned senior counsel, Section 9(3)(c) is a procedural section, which is not a condition precedent to the allowing of an application filed under Section 9(1)

It was also stressed the fact that at the end of Form 5, what has to be attached to the application, by way of Annexure III, is a copy of the relevant accounts from banks/financial institutions maintaining accounts of the operational creditor confirming that there is no payment of the operational debt only “if available”. Also, according to learned counsel, this is only an additional document, which along with other documents that are mentioned in Item 8 of Part V, would go to prove the existence of the operational debt.

A further argument was made that the definition in Section 3(14), though exhaustive, is subject to context to the contrary and that, therefore, it is clear that a financial institution would include a bank outside the categories mentioned in Section 3(14) when it comes to an operational creditor who is a resident outside India.

Respondent’s Side:

According to learned senior counsel from the side of the Respondent, the object of the Code is not that persons may use the Code as a means of recovering debts. The Code is an extremely draconian piece of legislation and must, therefore, be construed strictly. If this is kept in mind, it is clear that Section 9(3)(c) is mandatory and requires to be complied with strictly or else the application should be dismissed at the threshold.

He stated that in the context of it being recognized by our judgments that a financial creditor and operational creditor are completely, differently and separately dealt with in the Code, and that so far as an operational creditor is concerned, it is important to bear in mind that a very low threshold is required in order that an operational creditor’s application be rejected, namely, there being a pre-existing dispute between the parties.

He contended that Section 9(3)(c) is a jurisdictional condition precedent, which is clear from the expression “initiation” and the expression “shall”, both showing that the Section is a mandatory condition precedent which has to be satisfied before the adjudicating authority can proceed further. According to learned senior counsel, a copy of the certificate from a financial institution is a very important document which makes it clear, almost conclusively, that there is an unpaid operational debt.

It was contended by the it is clear from the definition of “financial institution” contained in Section 3(14) that certain foreign banks are included within the expression “scheduled banks” under Section 3(14)(a) and that, under Section 3(14)(d), the Central Government may, by notification, specify other foreign banks as financial institutions.

It was argued that the consequence of not furnishing a copy of the certificate under Section 9(3)(c) is that, under Section 9(5)(ii)(a) the application that is made would be incomplete and, subject to the proviso, would have to be dismissed on that score.

According to the learned senior counsel, a lawyer’s notice cannot be given under Section 8, read with the Adjudicating Authority Rules and Form 5 therein. Either the operational creditor himself must send the requisite notice, or a duly authorized agent on his behalf should do so, and such authorized agent can only be an “insider”, namely, a person who is authorized by the operational creditor, being an employee, director or other person from within who alone can send the notice under Section 8 and sign the application under Section 9. It was also stated that it is clear, from Forms 3 and 5, that only a person authorized to act on behalf of the operational creditor can send the notice and/or sign the application. He stressed the word “position” with or in relation to the operational creditor and stated that this would also indicate that it is only an insider who can be so authorized by the operational creditor and not a lawyer.

Hon’ble Supreme Court’s Judgement

The Supreme Court held that Section 9(3)(c) of the IBC should be interpreted creatively and not in a restrictive way. As interpreting it in a restrictive sense would cause grave inconvenience to the appellants and other foreign banks which might land in a similar situation as that of present case.

It was observed that the certificate under Section 9(3)(c) of the IBC is a supportive document which proves the existence or non-existence of debt, which could be proved by other documents as well. Serious inconvenience will be caused if documents which are impossible to furnish are demanded from the appellants. If such documents are demanded by the way of strictly interpreting the provisions, it would impair the aims and objectives that the Code aspires to achieve.

While dealing with a second issue of whether a lawyer a can send a Demand Notice u/S 8 of the IBC. It relied on the case of Byram Pestonji Gariwala v. Union Bank of India[1], in this case a signature made by a lawyer on behalf of his client on a compromise document was held to effective in law.


The Hon’ble Supreme Court made great observations and saved the IBC to be wrecked as a piece of law riddled with procedural technicalities. The language was paid heed to and interpreted along with the aims and object that the IBC aims to achieve. Furthermore, by liberally interpreting the procedural aspects the creditors would be at ease putting in motion the proceedings under IBC against a debtor. It would also avoid the debtors from escaping their liability by pulling out the procedural loopholes in law while causing an inconvenience and injustice to an innocent creditor.

[1]  1992 (1) SCC 31


Jai Bajpai


Jai Bajpai is a student in the third year of the five-year B.B.A. L.L.B (hons.) Course at University of Petroleum and Energy Studies, Dehradun.

Colour Marks: An Overview

The word trademark in common parlance means the identity of a particular entity. It is not only the conventional marks but also unconventional marks like sound, scent and colour that can be registered now. Today, consumers are looking for a good not only for its inherent use but also for other factors like its appeal and this is particularly true for the younger generation. While we grew up munching Chocolates like Cadbury, we now identify it not only by its name but the colour of the packet in which it comes wrapped. Shoe brand Louboutin red soles, New York-based jeweller Tiffany & Co’s trademarked blue box and Telecom brand T-Mobile specific shade of magenta are some examples of the colour marks. When there are goods entering the market with the same use, you need to distinguish your goods from other, so that it stands out. As a colour becomes an identity of the brand, People begin to associate the brands with its Color, and that’s where colour marks come into play.

“Trademark” is defined as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours.[1] A colour that appeals to consumers, and is easily spotable increases its commercial value. Color Marks is a valuable asset for any business entity and also an important marketing business strategy. It is also a strategy for brand identity and product differentiation in a competitive market. Thus, each entity tries to choose a colour that would help it stand out, make its brand different and easily distinguishable.

A colour can also be USP (unique selling point) of a brand.This can be illustrated by the recent case of Christian Louboutin v. Pawan Kumar, in which the Delhi High Court restrained Karol Bagh based sellers from selling footwear bearing his registered Red Sole trademark. The Deere & Co.[2], which manufactures agricultural equipment and vehicles sued the defendants, for using its word mark “John Deere”, the logo, the registered trademark including trade dress and the colour combination thereof in relation to their agricultural equipment and vehicles.

Because trademark is an exclusionary right, it has the effect of barring others from using it for the product for which it is registered. Applicant desirous of getting registration for a colour mark needs to explicitly mention it in their application along with formalities mentioned in Chapter II of the Trade Marks Rules, 2017 which provides the procedure for registering trademarks which includes the registration of combination of colours as a distinctive feature of the trademark. But, how to determine whether a colour can be registered or not?

Various test like the colour depletion test and the acquired distinctiveness (like Louboutin) are applied by the Courts to answer this question. The most common test of acquiring distinctiveness by use also has certain limitations. Therefore, the test seems to be that if the applicant can show that by virtue of its use, it has acquired goodwill and has come to be associated exclusively with the applicant’s trade to the satisfaction of the trademark officer, it can get the colour mark registered for itself. The colour depletion theory comes into play only in case of blanket prohibitions.[3]

The courts would not allow for registration the colours that are functional for various purposes. Further, a trademark is always used for a category of good or services and the act itself bars from registering a colour for a class.

Unconventional trademarks have now been used by the entity for a long time. On the surface, this might appear unfair but it also challenges to forge creativity among the upcoming entity, to form a unique identity by creating or choosing a colour mark keeping in mind the idea of their brand. The Trade Marks Act, 1999 provides for the registration of combination of colour but it is not very clear if a single shade can be registered or not. As of now, there has been no reported case where a single shade has been trademarked in India. In the absence of an explicit bar for registering a single shade and the broad definition of the trademark, it cannot be said that this cannot be done in near future.




[3]   Trademark Rules, 2017


[1] Section 2(1) (i)(viii)(zb) in The Trade Marks Act, 1999.

[2] Deere & Co. & Anr. vs S. Harcharan Singh & Anr.

[3] Colgate Palmolive Company vs Anchor Health And Beauty Care Pvt., 108 (2003) DLT 51.


Mousomi Panda


Mousomi is a third-year student pursuing B.A. L.L.B. from University School of Law and Legal Studies, (IP University). She has an active interest in issues that plague the society. She’s a thinker, writer, and reader, though more of a dreamer. She’s interested in legal research in the field of ADR as well as IPR.

Right to Privacy – A Fundamental Right

The Supreme Court of India’s judgment in Justice K.S. Puttaswamy (Retd) vs Union of India[1] was a milestone in the history of democratic India. The wordings of the judgement are as follows:

The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.”

The Right to Privacy in India has been developed through a series of decisions by the Supreme Court. Right to Privacy was never an explicit right i.e. it is not verbally stated in the Constitution of India. However, constitutional provisions must be read and interpreted in a manner established by the courts or in a manner which would enhance its conformity with treaties and conventions which is a signatory of.

The judgment also concludes that privacy is a necessary condition for the meaningful exercise of other guaranteed fundamental rights. This judgement was timely given when there was a serious outrage on linking of the aadhar cards to the bank accounts, mobile numbers and so on.

The public felt that this was a pure ground of discrimination as the aadhar card reviled all the personal details of an individual including their religion, caste etc. The government to this accusation clearly stated that aadhar was only a medium through which they are looking forward to improve the livelihood of the underprivileged, provide them with facilities and also introduce people who are not aware of the schemes started by the government for their development.

After this judgement, the Union of India, eroded the two decisions of the Supreme Court – the 8-judge bench decision in M.P. Sharma v. Satish Chandra[2], and the 6-judge bench decision in Kharak Singh v. The State of U.P[3], where they said search and seizure were not subject to be recognized under the fundamental right to privacy and in the other “right to privacy is not guaranteed under the Constitution and therefore the attempt to ascertain the movements of an individual which is merely a manner in which the privacy is invaded is not an infringement of a fundamental right guaranteed by Part III” respectively.

International conventions have also expressly recognized the right of privacy. Article 12[4] of the Universal Declaration of Human Rights , Article 17[5] of the International Convention on Civil and Political Rights , Article 8[6] of The European Convention on Human Rights explicitly provides for right to privacy as a fundamental right and an way to protect an individual’s dignity and integrity of his/her personal life.

All the 9 Judges in the 9 Judge Bench headed by Chief Justice JS Khehar unanimously agreed on the same point that the right to privacy was not an absolute right and it will be subjected to certain restrictions which are to be tested under Article 21[7] with the fair, just and reasonable standards.

In Maneka Gandi v. Union of India,[8] the expression ‘personal liberty’ saw the widest amplitude during those days which included the rights which were not explicitly mentioned in the article. The rule of Natural Justice was also applied and held that every person has a right to fair hearing and a right against bias. Now, this personal liberty would also include Right to privacy after the said judgement. There were a few judgements even before the Aadhar card case where the right to privacy was upheld[9].

The Bench hearing the Aadhar card case passed an interim order restricting compulsory linking of Aadhaar for benefits delivery, after the 9 Judge Bench had marked the beginning of Right to Privacy as a fundamental right. The decision is still awaited.

There are a lot of question which riddles and a few cases which have to be revisited by the Supreme Court after the said judgment, one of those would definitely be the NAZ FOUNDATION[10] case i.e. SECTION 377[11] of IPC. One of the main reasons why the case has to be revisited is because when all the citizens are guaranteed right to life, personal liberty and right to privacy as a fundamental right, the LGBT community deserves the same liberty and the same rights. When Article 15[12] talks about not discriminating citizens based on their caste, creed, sex, and religion, then criminalizing S.377 would be an infringement to a person’s enjoyment of his fundamental right. Also Article 14[13] which ensures right to equality and fair treatment of all the citizens would be breached.

Justice Shah holding the part of S.377 stated that a person’s sexual orientation remains his personal choice and is a matter of privacy and privacy in itself being a fundamental right, therefore choice of sexual orientation will also be a fundamental right. This judgment was later set aside by the Parliament and said that it was beyond the scope of the court’s jurisdiction.


[2] 1954 SCR 1077

[3] 1964 (1) SCR 332

[4] Article 12 – Universal Declaration of Human Rights. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

[5] Article 17

  1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
  2. Everyone has the right to the protection of the law against such interference or attacks.

[6] Article 8 of the European Convention on Human Rights provides a right to respect for one’s “private and family life, his home and his correspondence”, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society”.

[7] “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”

[8] (1978) 1 SCC 248,

[9] PUCL v. Union of India, 1997 1 SCC 301 (2 judges), Mr. X v. Hospital Z, 1998 8 SCC 296 (2 judges).

[10]  Suresh Koushal v. Naz Foundation, 2014 1 SCC 1

[11] 377. Unnatural offences.—Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with impris­onment of either description for a term which may extend to ten years, and shall also be liable to fine.

[12] 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

[13] 14. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth


Deepa Karanam


Deepa Karanam is currently a third-year student at Symbiosis Law School, Hyderabad. She is currently working as the president of the Legal Aid Centre at Symbiosis Law School, Hyderabad. Social work and charity is something she always looks up to, and the famous JFK saying going by ‘If not us, who? If not now, when?’ fascinates her to keep going and never wait for anybody to bring about a change in the society. An aspiring bureaucrat, her pass time has always been music because of its healing power.

6 Tips That Will Help You Improve as A Personal Injury Lawyer

Personal injury attorneys deal with the aftermath of injuries, accidents and disasters. They want to improve the world and bring justice to the hurting. They too often ignore the opportunities to improve themselves and their law firms, despite the benefits this brings. Here are 6 tips that will help you improve as a personal injury lawyer.

Choose Your Clients Wisely

Too many personal injury lawyers take any case in the hope of winning it. You should actually apply standards to your clients and require them to do the same. For example, you shouldn’t take on frivolous lawsuits unless you want to get a reputation for being that type of attorney. And stay away from the people who file lawsuits against every business in town for minor regulatory issues.

Master the Back Office

Too many personal injury law firms dedicate time and attention to recruiting clients but ignore the back office. They don’t manage cases well, so they miss critical deadlines or rush to meet them. They don’t use legal accounting software and maintain the books correctly, though personal injury lawyers, in particular, get hit with penalties if they mismanage trusts for disabled clients.

This is aside from the tragic mistake of law firms failing to track billable hours and follow up on collections, creating cash crunches that sometimes kill law firms.

Treat Everyone with Professionalism

If you yell at a court clerk, they’re not going to give paperwork related to your case their best effort. It’s important that you learn how to act in court for your benefit and for your clients as well. In a worst-case scenario, things are lost or misplaced conveniently, to your detriment. Then there’s the fact that the judge may be inclined against you for finding out you mistreated a clerk or made a rude remark to the bailiff.

Be Respectful

Don’t forget to treat witnesses and clients with the utmost respect. You don’t want the headlines to read that you verbally abused an alleged victim in court. If you personally attack an expert witness instead of their expertise or the source they’re using, you’ll certainly never get them to come to your defense when you need their expertise.

Be Realistic

If you make inflated claims as to your success rate or the payment a client may receive, you may secure their business. However, you guarantee a disappointed client even if you win the case and ensure negative online reviews if you don’t win. Manage expectations from the odds of winning to what the person would receive. Respond in a timely fashion to client communications, but don’t promise them day or night if you’re not actually going to answer a 6 AM phone call. If you have a bad case that will probably lose if you go to trial, encourage the client to take a settlement so they at least get something instead of promising to fight until you can’t anymore.

Don’t Believe Everything You See on the Internet

As a lawyer, you have to have a good dose of scepticism if you want to be successful. Just because something is on the internet, doesn’t make it true. In fact, a British man was recently proven innocent by Facebook messages that his sister in law found after he’d served several years in prison. The lawyers for the other side accepted altered images of the “conversation” and presented it as evidence, and the accused attorney accepted them as fact.

In reality, there was a whole conversation regarding emotional pain from the breakup after which he apologized for her emotional distress; she altered the messages to prove her case. Just because someone presents texts or social media posts as evidence does not mean they should not be vetted.

Then there is the fact that doctored images and biased blog posts are frequently posted on the internet, though they may be treated as evidence by attorneys and the public. The last thing you want to do is have your client’s disability case derailed because someone else used their picture on a dating website while talking about a love of swimming and surfing.

All these tips should help you become a better lawyer and gain a solid reputation in your field of practice. Make sure that you take the time to develop these traits if you want to be successful and bring more clients to your firm.


Thomas G Ferrini


Thomas G Ferrini is a partner at WBTB law firm, established in 1987, located in Dover, New Hampshire. He has years of experience in personal injury cases and have gained a solid reputation in the community and has recovered millions of dollars in awards for his clients. He enjoys sharing his knowledge on law blogs.


Muslim Women’s Rights and Media Coverage

This is an issue covered by an article by Flavia Agnes, which addresses the issue of how the Indian Media refuses to acknowledge the variety of rights that Muslim Women have gained [in the field of divorce] through various judgements and legislations. [1]

The author uses the case of Shayaro Bano, who suffered abuse at the hands of her husband and finally gave her a talaqnama. Now, any woman in this situation has two choices. The first option she has is she can claim that the talaqnama was invalid and remain as his wife. She can rely on many precedents like Shamim Ara v State of U.P[2] and claim that the arbitrary talaq was invalid. Alternatively, she can also accept the talaqnama, thus ending her abusive marriage while also netting a settlement amount through the Muslim Women (Protection of Rights upon Divorce) Act, 1986.

However, we can see that Shayaro Bano chooses to file a PIL instead in the Supreme Court which challenged triple talaq on the ground that it violates the fundamental rights of a woman. This choice is an interesting one since Muslim women already have countless cases like Shamim Ara and Danial Latifi[3], who have clearly set down a number of rules to be followed before declaring a triple talaq valid.

The author argues that the Indian media portrays a Muslim Woman as an entity who is completely stripped off of her rights. Shayara Bano has been placed on the same level as Shah Bano by the media despite the fact that legal recourses already existed in her case.

Experts like Syeda S Hameed believe that a judgement on the Triple Talaq issue (which has come out) will only provide further ammunition to the media for targeting Muslims. This will, in turn, help right-wing nationalist groups such as the RSS to use this to fuel their hate rhetoric. This will only strengthen the cycle of hate with the media as a facilitator and can in no way serve the higher purpose of the unity of the country.

Thus, it is the author’s argument that a declaration by the Supreme Court on this issue will only serve to destroy the average Muslim’s public image and provide no substantial legal benefit.

This is an intriguing stance taken by the author, but I believe it is not without fault. Sanjukta Basu in a critique of Agnes’s article points out that the entire practice of triple talaq is unilateral and at the option of the husband. [4]Thus, any defence of the same would be futile. Basu also questions the reason why Agnes criticizes such a move taken by Shayara Bano. She believes that a court order is a massive endorsement for women’s rights and the fact that Muslim women are reaching out to the Supreme Court to seek their constitutional rights is something that the author should respect.

[1] Agnes, F. (2016, May 14) Muslim Women’s Rights and Media Coverage. Retrieved from

[2] Shamim Ara v. State Of U.P., KLT 2002(3) (SC) 537

[3] Danial Latifi v. Union of India (2001) 7 SCC 740

[4] Basu, S. (2016, September 19) Triple talaq: Why Flavia Agnes’ position on Shayara Bano’s SC petition is anti-women. Retrieved from


Ashwin Ajimsha


Ashwin is currently in the second year of B.A.L.L.B. in Jindal Global Law School, Haryana. Interested in research/writing and loves movies, especially if they are law related.