Team AdvoTalks in Conversation with Adv Manvita Gandhi on “How to Become an International Lawyer”?
To watch the full Video Interview : Click Here
Countless law students from all across the country, wish to pursue a career as an International Lawyer. It is an attractive career option, stimulating yet challenging at the same time. And now with rapid globalization, a need for lawyers with expertise in international law is ever growing. But how does one become an International Lawyer?
Advotalks was joined in a conversation with Ms. Manvita Gandhi, who answered this question along with providing valuable advice to budding International Lawyers.
Ms. Manvita Gandhi is a dual-qualified lawyer based in India. She enrolled as an Advocate with Bar Council of Delhi in 2018 and subsequently admitted as a Solicitor and Barrister in Supreme Court of Western Australia in 2023. Her area of practice primarily includes Family Law and Estate Planning where she provides solutions especially tailored for her clients.
In this conversation she shares insights about her experience as working as a Lawyer in Australia and elaborates which pitfalls to avoid as beginners. Here is an excerpt of the interview:-
Q.How did you establish your career as a law professional who moved from India to abroad?
I completed my law degree in India in 2018 after which I worked in India for about 1 year and a half. Before COVID-19 pandemic, I was looking forward to move to a different country and decided on Australia. In Australia the process itself is a bit long and not as easy just giving an exam, rather it requires studying again. At first stage, you have to choose a state that you want to go to in Australia. After that you approach their legal boards which are similar to our Bar Councils. You apply with your Indian law degree and other work experience qualification. They would assess your degree and provide you with one assessment statement which would include subjects that you have to study again. Thereafter, you would have to apply to a University, study those prescribed subjects and get a degree. This would be followed by legal practical training which is about 75 days of work experience under an Australian lawyer after which you can apply for admission as a Lawyer.
Q. How should one decide as to which state they should apply to and what would be the procedure for the same?
There are multiple factors but one would have to seek migration advice to form an informed decision. But every state in Australia has their own Legal Board and you have to choose keeping in mind migration options. A person can also apply to more than one state and then decide based on which state prescribes you lesser subjects. The easiest way to apply is through their official website. Their websites would have official forms either physically or in an online format that you have to submit along with your Indian Degree and other prescribed documents and then they would reach out to you through E-Mail.
Q. After working for years in both India and Australia, what differences do you see on the practical side?
My work experience in India proved to be very useful. The work here in Australia is quite straight-forward and processes are same for everything as in India. My area of practice is Family Law and the same is very informal as compared to India. They use very simple English here rather than the old school British English that we use in India. Also there is major focus on client’s opinion in what has to be done, you give legal advice but you have to ultimately do what they say.
Q. What skills must one have in order to practice as a lawyer in Australia?
Firstly, I would say communication skills as you would be interacting a lot with your clients and must understand their circumstances especially in Family Law. You should have a good e-mail writing ethic with good writing and proper communication. Additionally, you must able to manage your client’s expectations.
Q.Since your area of specialty is Family Law, what do you think are the differences and similarities between laws of two countries?
The biggest difference between Family Law of India and anywhere else in the world is that it doesn’t involve personal laws and there is only one Family law that exists for everyone. Moreover, in Australia we have a concept of ‘no fault’ divorce wherein you don’t have give the Court a reason for your divorce. Also, here you don’t settle property and custody issues at the time of divorce generally. When married couples divorce, they have 12 months from the date of divorce to apply for property matters. They can apply for Custody matters at any time. In de facto relationships, people have two years from the date of separation to apply for property matters. But for getting a divorce you must have been separated for 12 months.
Q. And what is your experience in Maintenance laws in Australia compared to laws in India?
Spousal maintenance is a very big concept here as well. Spousal maintenance here can be given for as long as five years after separation. The only criteria you have to show while applying before the Court is that the applicant was used to a lifestyle during a relationship which will suffer drastically if they are not given the money. But because there are other social benefits given by the government, it becomes difficult to prove that you will not have any kind of finances to live. But in case if the applicant has child custody or does not have a job for last many years, the Court can grant maintenance but same is not limited to just women.
Q. What are the legal rights or tips that a student moving to Australia must know beforehand?
You can work as a student in Australia for a limited number of hours. As an employee it is important to know your legal rights. There is a concept od superannuation which is similar to a pension fund, for which you should open a superannuation account and must ensure that your employer is paying the same. You must not work for less than what minimum wage is. Moreover, you must know your visa conditions and follow them. You must also know how practically the laws are working, what are the courses you need to take and what are your other options available as a student.
Q. What is the role and scope of mediators in Family law matters in Australia?
Surprisingly, India has better developed laws when it comes to ADR as compared to Australia. However, in family law courts are much more inclined for parties to decide by consent especially in parenting matters. In Australia when and parenting matter is filed for in the Court, you also have to attach a family dispute resolution certificate that states you have to attempt mediation before applying to the court. In case either parties don’t want to mediate, a certificate for the same can also be obtained stating that parties were not willing to mediate.
Q.How about the estate planning laws in Australia? How are those governed?
There are inheritance laws which would apply if a person doesn’t have a will. There are different percentages and distribution methods that apply depending upon the estate. But now after COVID-19, people with significant assets are paying for estate planning to ensure distribution of their property after they die. There is an option of will, Power of Attorney, power of guardianship along with something called Advance Health Directive which allows for taking decision during health surgeries or medical procedures for somebody. A lot of companies are also creating trusts for themselves and also making testamentary trusts for their heirs.
Q.Lastly what trajectory should college student follow to get into an international attorney space?
One is to hone your English Skills as you would have to communicate and the same would become a barrier if you are not able to say what you want. Look into the course and universities and state you want to go to. After coming here, focus on building your career, look into the area what you want to practice in and law firms you want to work in. Don’t restrict yourself before coming to a different country.
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