Cyril Amarchand Mangaldas (CAM) had alleged in the Bombay high court application for interim relief in arbitration proceedings that team members of departing Chennai partner Dorothy Thomas had taken boxes of CAM client files from the office.
The CAM partnership has been told about the substance of the suit and allegations, which, according to several authoritative sources, includes evidence in the form of CCTV footage from the office allegedly showing Thomas’ team members packing up boxes of documents after resigning on 3 October without notice. However, it is understood that files were returned to the CAM office after several days.
The petition also alleges that Thomas and her team solicited clients to leave, in violation of CAM’s contract with them. It is understood that Thomas has in turn alleged that CAM would not honour payment of dues and bonuses in return, which was denied by CAM in its filing.
At CAM as under many other law firms’ retainer contracts with lawyers, client files are the property of the law firm rather than individual lawyers. Such provisions exist in order to safeguard the confidentiality of clients’ affairs when partners move to rival firms.
The petition also includes excerpts of messages from a WhatsApp group started by Shardul Amarchand Mangaldas (SAM) chairman Shardul Shroff with Thomas and her team members, allegedly inciting them to abort handover discussions with CAM and to leave without completing their contractual notice periods after associates’ resignations.
When contacted, Shardul Shroff commented: “You would be aware that we are not party to any proceedings and if any allegation has been made that we or I have incited anyone or anything that would be entirely false.
“You would indeed be curious to receive off the record background about why Camco came about the situation of en masse leaving, but I do not want to comment since I am not a party nor is Samco a party. You have published on your website that settlement talks between Camco and Dorothy are ongoing and my talking at this stage would not be appropriate or helpful.”
CAM managing partner Cyril Shroff and Thomas declined to comment.
CAM’s filing followed talks between CAM and Thomas about the future of the Chennai office, with suggestions that Thomas and her team should practice independently in a close relationship with CAM However, Thomas and her team members eventually accepted offers from SAM, as we reported on Sunday.
We understand that Thomas’ team member and Chennai principal associate Edward James will remain with CAM with around three other fee-earners, after having initially been slated to also join SAM; Thomas and around seven fee-earners will be joining SAM.
The petition under section 9 of the Arbitration and Conciliation Act 1996 was filed in the Bombay high court earlier this week before Justice SJ Kathawalla, by whom it was heard in camera, sanctioning both parties to proceed with settling the dispute.
We now understand that CAM’s Bombay high court petition for interim relief in the arbitration proceedings, was seeking the return of all physical, electronic and other confidential client and firm information.
In the arbitration, Thomas counterclaimed seeking payment of final dues from CAM.
Settlement talks are expected to conclude by tomorrow (15 October).
Cyril Amarchand is represented by Beri & Company; Thomas has drafted in senior advocate Soli Cooper.
Photo by Archivo-FSP
Comments
Dirty stuff SAMCo.
Most firms have it for handing over, etc. I don't know anybody who has spent more than a month and a half post resignation.
2. It's clear that all rumours that CAM is imploding, blah blah blah can be put to rest. If your competition is self destructing, you just let it happen. You don't dirty your hands - reinforces the fact that CAM is as strong as ever.
3. SAM has hit a new low once it's clear to it that there's no chance of getting any share of the pie in Bangalore. So by hook or crook, it has tried to gain some foothold in chennai.
If cam were strong it would pay its associates salary and bonus!
This smacks of VCS vendetta.
Dorothy should not let them off the hook. You think they didn't threaten her or harass her when leaving? Bring all the facts on record. CAM is well known for misbehaving - recall Nisha and the mysterious air con malfunction? Ashwath's super long notice period only cut short coz Percy decided to do harakiri?
CAM is a sinking ship which is grasping at straws!
Fact 2: SAM has responded with a vague non denial and sought to distance themselves from all of this even though these (very serious) allegations pertain to their newest hire.
Fact 3: Dorothy Thomas, who is most affected has not commented on any of this or said anything in her own defense.
Fact 4: The best of CAM chennai, the bit that did all the real work, is still with them. Clearly not the result which would ensue if they were so appallingly treated.
I'd love to see how this group uses the above facts to infer that CAM is somehow losing out in this transaction.
Perhaps you applied and failed to get in ? That would explain the nickname.... and the level of your discourse.
I think what Cyril and Vandana are trying to do is to make an example out of Dorothy - obviously under the assumption that she is a light weight!! A thought that probably germinated in the head of the "leading law firm management consultant of the country"...
The firm alleges it began in BOSTON and its primary service is CONSULTING and its not just an organization, but a multinational GROUP.
All she knows how to do is ruin firms and individual lives. Just because she was a former top managemnt lady at okhla doesnt mean she knows anything!
someone needs to uncover her devious poaching and law breaking ways!
Also wasn't Dorothy technically an independent lawyer after CAM shut down and before she joined SAM
Whenever anyone is leaving, they are in discussions with their new employer and transition matters to their new firm. Cyril’s behaviour smacks of fear and insecurity.
Shardul didn’t impose notice periods etc when people left him to join Cyril.
This type of arm twisting by Cyril will not be forgotten by lawyers.
Go figure...
[...], check yourself before you wreck yourself. Fear the wrath of God.
For all your CAM bashers who sit and pass judgement - do you know that Sam has a four year lock in in their contract with these young "innocent" associates backed by a personal indemnity (associates joining from law schools are not subject to a lock in!); also bonus and increments are at the discretion of the managing partner. Guest you obviously did not read the agreemnt when you signed - reality check - you just signed your life away to the devil.
moving to more strategic things - IF AND ASSUMING Shardul sent a whatsapp saying "All of you please transfer your office phone directory onto your personal phone today and confirm when it's done. You have have a mirror image of all your phone contacts on your personal phone numbers"
or maybe
"Dear All, all those who executed the retainers yesterday are requested to go to sudha centre today and get their new sim cards and buy a new phone as per BYOD policy. Please also carry your personal laptops to sudha Centre to physically check that there is no Camco documentation on any of your gmail accounts. Anand will help you to ensure compliance"
All of which IF AND ASSUMING were complied with by dorothy and her team, I would say he clearly was caught with his hand in the cookie jar with the support and collusion of dorothy and her young innocent lawyers.
So why is the arbitration petition being settled as reported. Strategically I think a fine move by Shardul to keep his involvement out of the litigation, and throw Dorothy and her team under the bus.
It's sad to see the legal community supporting or turning a blind eye to theft ... unhappiness or discontentment with an employer cannot be a justification for theft- it is not under law, it is not as per any ethical standards especially for lawyers. If they were so unhappy they could have joined SAM without thieving, or any other firm for that matter. CAM has had its fair share of exits recently and Dorothy and team would have been another such exit. People would have regaled in the alleged downfall of CAM, SHardul would have got his PR (that he so craves) and we would all waited for the next pierce of gossip from LI after a few weeks.
Cyril and CAM partners- do not let this vile act which mars the beautiful legal profession go unpunished!
“For the wrath of God is revealed from heaven against all ungodliness and unrighteousness of men, who by their unrighteousness suppress the truth." - Romans 1:18.
Now is the right time for the man himself to write a book and title it "Camasutra."
I would have still bought your argument, if you would have said that the lock-in and indemnity provision has featured under the fresher contracts (because it would have been far easier to establish considerable resources, time and effort spent in training the freshers.What argument can one possibly suffice to justify the lock-in?
May I also add that the usual practice followed is that the court/arbitrator/panel would pass an award/ order after having ascertained an amount (at actuals) that it thinks, is 'reasonable' as opposed to a situation, where the entire amount is awarded without any questions being raised. So then how does the indemnity work and under what instances does it become enforceable?
If any of this has any iota of truth in it, I would be disappointed with SAM.
As for you, I urge you to revisit the laws laid down by the SC in Nirajan Shankar Golikari, Zaheer Khan, Wipro, Gujarat Bottling Plant and the subsequent series of judgments (discussing section 72 and 124 ICA, 1872 at length) to grasp, what I am saying. So learn your law, measure your words carefully before you initiate any further lame conversation.
I've inferred this as an outsider reading your supposedly tragic tale. The real tragedy here is that you still fail to see that nothing, NOTHING, justifies stealing.
Going low on CAM will not help you unfortunately. You want to be an Ashwath Rau - work like him. Rewards are not your right. So work for it - and stop posting out of your own failures and frustrations.
1) Bonus: CAM has not paid bonuses and AZB pays it 7 months late (that too a pittance). SAM, Khaitan, Trilegal and JSA give decent bonus and more or less on time.
2) Holidays: All tier 1 firms have Saturdays off except AZB with only Sats off a month.
3) Transparency: CAM, SAM and AZB are promoter driven and there is no transparency as to procedures. Khaitan and JSA has a good hr and workings are transparent. However Trilegal is known to treat non-N law grads quite badly regardless if competence, don't know how much this is true.
All in all Khaitan, Trilegal and JSA are still clearly the best firms to work for in Tier 1.
I think every bachha passing out of every law-school is clear about how the legal field is a no-holds barred battlefield.
Successful lawyers are programmed like predators; sense blood, pursue, hunt, kill and eat. ..
Repeat ad-infinitum.
You are either a hunter. Or a hunted.
Now go back and be one.