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Guest: Y.N. Vivekananda

Y.N. Vivekananda is a highly experienced Advocate and Senior Standing Counsel for the Central Board of Indirect Taxes and Customs - GST & DRI at the High Court of Andhra Pradesh. Serving in this capacity since 2017, he has been an integral part of the legal landscape, handling significant cases. He was also a Government Pleader attached to the Advocate General, state of Andhra Pradesh from 2019 to 2024 and Special Public Prosecutor AP CID for the Economic Offences Wing-II.

With a legal career spanning over two decades, Vivek has been part of various prestigious committees, including the Indian Law Reports Committee. He has represented major institutions like the Food Corporation of India, AP State Financial Corporation, and Life Insurance Corporation of India. Coming from a distinguished legal family, his practice embodies a strong tradition of legal excellence and integrity, reinforced by his deep commitment to upholding justice in high-profile matters before the AP High Court.

HIGHLIGHTS/TAKEAWAYS from Y.N. VIVEKANANDA:

• KG: I’ve been following your career with great interest. And one of the first things I wanted to ask you was is there a red thread that ties all of it together for you? What is the driving force behind all that you do?
• VIVEK: The driving force is always the desire to excel. Whatever you do, you should have the desire to excel at whatever you’re doing. The desire keeps me alert. The desire keeps me hungry for more success. You’re also on the right path when you have that desire within you. So, whatever you do, whatever may be the scenario, whatever may be the case, the effort should be to excel.
• KG: Both as a lawyer and as a human being, what do the terms ethics and integrity mean to you?
• VIVEK: In fact, integrity is a bit more, it’s a little bit larger concept than ethics also. Because ethics is something that you inculcate with your discipline. It is something that is told to you to do, either to do or not to do. But then integrity, I think, should come from within. I’ve always maintained my conduct to the level of my integrity. I wanted to maintain even with my staff. I said I will not do anything hanky-panky. I won’t tolerate any hanky-panky. So integrity is that thing. And ethics are something, you know, there are some written ethics, there are some unwritten ethics. You’ll have to understand the rules of the game as you progress. But then they are complementary once again to integrity. A person should have strong integrity first and then he should have the discipline to follow the ethics. And then I think you’re on the road to success.
• KG: Can you share an experience where you had to navigate a difficult ethical dilemma? And what did you learn from that experience?
• VIVEK: The key thing is that, we have a saying in English that means, don’t justify the ends, you know. But then in the practical aspects of life, sometimes I think you need to take a side step to achieve what needs to be done. But then that is where the dilemma is: you know you are doing the right thing, but your ethics or your prevalent set of rules don’t permit you to do that. But at the end of the day, you want to achieve it for the larger good. So you need to set up a boundary for yourself as to how far you’re willing to go. And then conduct yourself in accordance with that.
• KG: Are there constraints in situations for your profession?
• VIVEK: The moment you take things into your own hands and then decide to act, they’ll be hurling allegations at you. They’ll be saying he is interested, has extraneous considerations to argue in the fashion in which he is arguing. They’ll put you through a lot of pressure. And then when you are doing these sort of things, you know, there will always be allegations. They’ll say that he is going beyond his call of duty or they’ll say he’s acting for unnecessary considerations. They’ll say he doesn’t know anything. That’s one danger you face. But I think, it’s all part of the game. You need to be strong because to stand by the truth and to stand by what you believe in is the hardest thing to do always in life.
• VIVEK: We are in the vortex of procedure where you’ll have to prove everything beyond reasonable doubt and then the process of proving itself is a very shackled process, so to say. But then you’ll have to stand up to the test. There are situations where somewhere you’ll be caught. That is where you’ll have to come up with some, what to say, ingenuity of your own and then break that shackle, go to the next phase, go to the next step and then ultimately emerge doing what is right. What has to be done, has to be done.
• KG: As a litigation expert and practicing lawyer for over 20 years, what are some ethical dilemmas relevant to lawyers today that you observe? And what is your advice to perhaps younger lawyers for such situations?
• VIVEK: The first ethical dilemma I see in the lawyers now is my point of view is that they’re over reliance on technology. I think somewhere, you should set a boundary for yourself. Technology is good in one aspect. The over reliance on AI to do your research for you is bad. Because while there is a vast amount of information available, in the internet or maybe in cyberspace, I personally feel that you should use technology to the extent of narrowing down the information. You need to apply yourself to that information on an individual level, at an individual basis, case to case basis. And then, you should do your research. You can’t allow the computer or AI to tell you that is the case law app for your case. You need to study your own case first and then for yourself determine whether a certain case law that is suggested by the AI or any search engine for that matter is up for you to court before or court of law or not.
• VIVEK: The second thing, I always feel that this profession is one of the oldest and it is called a Noble Profession. You know, you should always have a sense of duty towards society while you’re doing it. It’s not all about earning money. The old saying is live like a hermit, work like a horse. Probably doesn’t hold true these days. You need not live like a hermit. But then at the same time, don’t make a commercial activity out of it. Have a sense of duty towards society. Your effort in a case especially cannot be determined by the amount of fees you get. Whatever may be the fees you get, whether it’s 1 rupee or 1 crore, your effort should always shine through. That should be the endeavor, that is what I think in any given case.
• KG: Do you have a story of something you observed maybe in all of your years of practice that is a shining example of the kind of lawyer with ethics that you have seen in action, a story where the profession of law illuminated the way for society the way you’ve described it. Do you have a story or an incident you’d like to share?
• VIVEK: I have a small anecdote, in fact, it’s a small funny anecdote. It actually happened in a court, call it an urban legend or whatever, but it actually happened in a court where a junior robbed a member of the bar for probably the first day into practice. And then, he was asked by a senior to go and represent in a court and ask for time. This junior in all his innocence went before the court and when the case was called, he said, my Lord may I know what is the time? The judge was shocked. The judge was like, you have a watch on your hand. Why are you asking me the time? He said, no sir, my senior told me to ask you the time, so I’m asking you. So that’s the kind of thing.
• VIVEK: (Advice to Lawyers) The results may be anything but then you’ll have to stand up to all the probably jeering, disencouragement or whatever, and then you’ll have to put forth your case.
• KG: These are the kind of values that I grew up with as well in terms of great respect for the court of law and for laws. The rule of law being important and governing everything. But it’s a hard knock life for lawyers, isn’t it? It’s a tough profession to survive in. There’s so many pressures, so many priorities, so many stakeholders to manage, you billable hours, your bosses, your bosses' stakeholders and their pressures, your clients, your family. I’m sure with the hours you put in you feel that pull.
• KG: What lies ahead for lawyers like you, and those coming after you? We know that AI is coming in. You’ve already flagged it and said, "be moderate in how much you trust AI and how much you rely on it." What else lies ahead for the profession of law?
•  VIVEK: You need to stick to the basics. And then, I always feel, as a lawyer for you to evolve, there’s something more beyond the law also. You need to have an all-rounded personality. You need to have a perception as to how the society itself is evolving. You need to keep yourself updated with regards to the technology. And also you need to keep yourself grounded with regards to how far you can go, what you can achieve and do in the given circumstances. That’s why my advice to all lawyers is to have a well-rounded personality. Don’t just read law books. If you are fond of reading, have a general reading. If you are fond of sports, you go have a game or two everyday or in a given week at any given point of time where you’re free, of tennis or golf or whatever it is that you enjoy. Also, develop a spiritual bent of mind that is my sincere advice to all persons. Read up, keep yourself alive to that side, the personality or that aspect of your life also. That will give you an understanding much more beyond what law evolves.
• KG: What does it do for you and how do you ground yourself using your spiritualism and what does that do for you when you practice it?
• VIVEK: I think spiritualism at whatever, maybe I don’t pinpoint to one religion, but then generally spiritualism, you know, it will keep you balanced. You are not over excited with the victory. You are not too deflated with defeat. It will give you a sense of equanimity. It will, it keeps you floating. If not flying or sinking. So I think that’s what you need to develop.
• VIVEK: They're a great set of books you know, find your own. I would personally prefer everyone to read the Autobiography of A Yogi, which I read, which I found was very helpful, or the regular Gita or Mahabharata, Ramayana, whatever suits you or even any other, depending on your religion or taste. But then those books, they will give you a different perspective on law also. That has been my experience. So I think that is where people should head themselves towards.
• KG: So what’s a book or advice that you'd like to share? Is there something that’s currently on your mind that’s inspiring?
• VIVEK: There is one quote which recently caught my eye. Failing to prepare is preparing to fail. So as a lawyer, I think there is a better or more relevant quote than that. Whenever you are going into a court of law, you should go and prepare and then unless you are prepared, you are only preparing to go and fail there in the court of law.
• VIVEK: Law is something that is evolving. The judges take care of the law. But then as a lawyer, especially in our profession, I think we should be abreast and we should be to the point with regard to the positions of fact, which are there on the record. Law is something you can innovate, you can come up along the way also. And then whatever you argue ultimately, I know as it is funny or in a lighter way to toll down the generation to us that what you make is an argument, what the judge says is the judgement so we can only come up with an argument if it merits acceptance it becomes a judgement even if it doesn’t merit an acceptance it becomes a judgement so we’ll have to bow down and acknowledge it you’re aggrieved go up in appeal or accept it in all humility that is what you can do.

REFERENCES OR LINKS TO SHARE:

Y.N. VIVEKANANDA ’s LinkedIn

LINKEDIN

Books/Article Suggestions from Y.N. VIVEKANANDA

AUTOBIOGRAPHY OF A YOGI

RAMAYANA

MAHABHARATA

BHAGAVADGITA

The Human Conversation Podcast Channels

APPLE PODCASTS

SPOTIFY