Legal Counsel in Real World ft. Sanjukta Venkatesh | The Counsel’s Code Ep. 19

In this episode of "The Counsel's Code," we are joined by Sanjukta Venkatesh, Head of Legal at Nayara Energy. She shares her 15-year journey from a top law firm to leading legal teams at India's largest corporations, offering key insights on the evolution of in-house counsel, practical negotiation, and why "human intuition" will always be a lawyer's greatest asset.

Meet the Speaker: Sanjukta Venkatesh

We are delighted to feature Sanjukta Venkatesh, the Head of Legal at Nayara Energy. Her distinguished career began at top-tier law firms like Paras Kuhad & Associates and Ketan and Company before she moved in-house.

She spent over a decade at ITC Limited, partnering with the FMCG business from its inception. Following this, she held key roles as Regional Legal Counsel for South India at Unilever, and later as AVP Legal at the Godrej Group, before taking on her current leadership position in the complex and challenging oil and gas sector.

Key Insights from the Conversation

What inspired you to pursue a career in law?

Sanjukta's inspiration didn't come from a family of lawyers but from her "love for reading stories and for storytelling." As a child, she was fascinated by how "words are able to shape perspectives." As she grew older, she "realized that that's exactly what the law does: it's about basically weaving facts, circumstances, principles, arguments into a compelling narrative." This inspired her to pursue law, and she attended WBNUJS (NUJS, Kolkata), the second National Law School set up by the eminent Dr. NR Madhava Menon.

Can you share an overview of your legal journey?

Sanjukta started with general litigation and corporate advisory at law firms before her in-house legal journey "actually started" at ITC Limited. She joined as the foods and FMCG businesses were just starting, giving her the "privilege of partnering those businesses from their inception."

After 11 years at ITC, she joined Unilever as the regional legal counsel for the South, an end-to-end role managing six states. She then moved to Mumbai to join the Godrej Group as AVP Legal, advising corporate functions. Today, she heads legal for the domestic business at Nayara Energy, an "extremely high value and high stake" role in the complex oil and gas industry, overseeing everything from B2B/B2C marketing and refining operations to high-value disputes and IT.

What are the challenges in managing an In-house team?

Sanjukta says the biggest challenge is "balancing our role between being a guardian of compliance and an enabler of business." Business teams want "quick solutions" and don't want legal to be a "roadblock." The challenge for a legal leader is to ensure that "while you're delivering speedy solutions, you're not sort of delivering the wrong solutions."

It's also about "developing talent" and "enabling them to think commercially and strategically," not just within the "four corners of what the law says." You have to teach people to apply law practically.

How has the role of in-house evolved over the years?

The role has "moved more to proactive... business partner rather than being just a reactive adviser." Sanjukta explains that legal teams were historically "called in at the end to just tick the box." Today, "we are at the strategy table with business where we are actually shaping decisions, we are helping them anticipate risks, [and] we are enabling them to think from a compliance perspective right at the very inception."

How are you utilizing technology in legal?

Technology in legal has evolved far beyond "case law research." Sanjukta sees "Contract lifestyle management (CLM) is possibly one of the most basic kinds of technology which every company has" and is essential given the high volume of contract work. She notes that "an effective CLM tool is very important to be able to make your life easy" and "deliver new contracts with greater speed and efficiencies."

She also sees AI as a key tool for "risk anticipation," with advanced tools being able to analyze a clause across multiple contracts and advise on which is the "more effective from a risk management... perspective."

What are your top tips for Negotiation?

"Don't just fight over clauses; uncover the real interests," Sanjukta advises. The goal is to "protect your risks and build a deal that is beyond a mere signature."

She emphasizes that "signing the contract is only step one," and the negotiation should "keep that end game in mind rather than only focusing on closing the deal and putting pen on paper."

How do you manage stress in high-pressure situations?

In-house counsel is "contacted when there is a fire." Sanjukta's strategy is "to not only fight the fire but to focus on where the fire is spreading." A leader must "stay very calm because the team takes their queue from you. If you panic, they panic."

She advises focusing on "what is right in front of your eyes that you can fix, and then once you fix that... other doors automatically open."

Which skills are critical for lawyers, yet never taught in law school?

"Law school... teaches you how to read and interpret statutes," she says, but it "doesn't teach you is how to translate that knowledge into solutions which a CEO... can apply." She finds that law school in India "is still very very bookish" and lacks "practical application." The orientation, she argues, needs to "be more application based" rather than just "knowledge based."

What advice would you give aspiring law students?

Building on her previous point, Sanjukta advises students that while they "need to know the contents of the law," they must "always try to think... how can I apply this information in a practical situation?" Her key advice is to "always think from a practical perspective rather than from a bookish perspective."

Case Study

Sanjukta provided a detailed analysis of MBL Infrastructures Ltd. vs. Delhi Metro Rail Corporation (2018), a critical case for contract law.

• Facts: The contract had a "no damages for delay" clause, barring the contractor from compensation even if the delay was DMRC's fault. DMRC did cause delays, and MBL infrastructure sued, claiming their statutory rights under the Indian Contract Act (Sections 55 & 73).

• The Issue: Can a contractual clause override a statutory right, especially in a public contract with unequal bargaining power?

• The Finding: The Delhi High Court ruled that "statutory rights cannot [be] waived by contracts." The right to compensation for breach under the law cannot be "ruled out through any kind of contractual provision." The court will not uphold such one-sided clauses.

• The Learning: Sanjukta explains this means lawyers must "push to move towards a fair allocation of risk" and "should not ideally agree" to such clauses. "Don't only negotiate to put pen on paper; negotiate to see a contract actually... come to its reasonable end."

About "The Counsel's Code" Podcast

"The Counsel's Code" is your go-to podcast for exclusive interviews with top legal executives. Discover the strategies they've employed to cultivate their careers, excel in their positions, and emerge as true leaders in their organizations.

Throughout our discussions, we delve into the challenges of leadership and how these accomplished professionals manage the pressures that come with it. Our mission is to provide valuable insights and support for in-house counsel, fostering mutual growth and development.

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Disclaimer: The views expressed in this podcast are the speaker’s personal opinions and do not necessarily reflect the positions of the podcast, Volody, or any current or former employers.