Interview with… Dr. Salaheddin Al-Bashir

What impact has the COVID-19 pandemic had on the legal market in Jordan?  

Without a doubt, the COVID-19 pandemic has presented the Jordanian business landscape with unique and unprecedented challenges. Although these challenges are not specific to law firms and offices, the effects have been widespread and have shook the legal market to its very core in terms of the impact it had on enterprises in Jordan and in terms of legal works.  

In the beginning, the Government issued orders for a government mandated quarantine and a complete lockdown. This included the closure of Courts and all legal offices. Resultantly, all litigation works, and any legal work dependent on Jordanian courts, came to a grinding halt. All hearings, submissions, and rulings were postponed for months. Obviously, this had adverse effects on the entire legal market, especially firms with a specialized focus on litigation services.  

Then, gradually, some of the lock down measures were lifted and enterprises, including the courts and law offices as they were allowed to re-open. However, this reopening was restricted in the sense that only a certain number of employees were allowed to come into work and masks and social-distancing were required. This meant that less people could report to work which lead to decreased productivity. Also, courts would unpredictably shutdown for weeks at a time whenever an outbreak was reported. All this lead to increased instability of the judiciary and procedures and hearings were delayed for months on end. 

The judiciary was also specifically affected by some of the Defense Orders. In fact, the most recent Defense Orders, Nos. 21 & 22, target the working procedure of the courts. The order stipulates that aside from witness testimonies, expert reports and the hearing of the final ruling all litigation processes are to be done electronically through a specified portal.  This greatly impacts the legal landscape in Jordan as it changes the nature of legal work.  

As for legal work outside litigation, the pandemic automatically enhanced the technological utilization of online services; whereby most, if not all governmental bodies are currently heavily relying on online services. Individuals and corporations now have to create accounts for online portals to access necessary online services. For instance, the Company Control Department (CCD) developed an online portal for individuals and companies. Services such as company registration, online depositing of financial statements and other relevant documents is now accessible via that portal. Moreover, individuals and corporations may issue certificates of good standing/to whom it may concern, among many, through the portal and present such certificates to other governmental bodies, which will have the same weight as physical certificates. Although this is accounted for as an advantage, in practice, due to the sudden influx of online requests, tasks are taking twice the time they used to for relevant documents to be issued.  

All in all, the effects of COVID-19 on the Jordanian legal market were vast and significant. All legal processes were halted or delayed for months, leading to increased case backload to an already overloaded system. This is further exacerbated by the continuing sudden shutdowns in the wake of outbreaks and the decreased personnel actually reporting to law offices and courts alike. While there is no evidence to provide that case filing has declined in any way, cases closing definitely has, the shutdown have caused delays in all proceedings which could mean that in the next few months courts might be overwhelmed by the case load being handled due to the shutdown decreasing the number of closed cases per/month and not having any real effect new cases being filed, making the turnover in court cases substantially lower.  

Lastly, when discussed the impact of the pandemic on the legal market it is impossible to do so without addressing the impact of the pandemic on enterprises in Jordan, as the legal market in Jordan is influenced by the circumstances of enterprises in Jordan, because those enterprises are the client base for the Jordanian legal market. 

According to multiple surveys all enterprises reported challenges in terms of cash flow, reduced demand and supply, and disruption in the value chains as a result of measures responding to COVID-19.  39 per cent of surveyed enterprises are operating but with either reduced staff (7 per cent) or reduced working hours (16 per cent) or both (16 percent). While 51 per cent of the surveyed enterprises closed. Micro businesses (55 per cent) and small enterprises (44 per cent) indicated that they lacked the means to keep paying salaries, while medium (33 per cent) and larger enterprises (23 per cent) were more likely to be able to pay salaries for a few additional months. Owning to the fact that the legal sector is a part of the general market and depends on it, it is without a doubt affected by it, and the continuous deterioration of business and enterprises due to the pandemic will manifestly negatively impact the legal market. 

What are some of the adaptations which firms have been making in the wake of the pandemic? Are there any which are unique? 

Rapid and creative adaptations needed to be made in the face of the effects that COVID-19 had on the legal sector. Most of these adaptations needed to be made to ensure compliance with government measures and to ensure the protection of any firm’s biggest assets, its employees. Some of these adaptations were more general in the sense that they were of somewhat uniform application across all firms and enterprises. Measures like disseminated protective gear, including masks, a ban on indoor smoking, and increased expenditure and emphasis on sanitation services could be seen at almost any firm.  

Also, most firms employed Working-from-Home schemes in which employees are instructed to stay home but report to work at the usual hours and complete the usual tasks. The number of employees working from home and the methodology of selecting who works virtually and who reports to the office differs from firm to firm, but almost all offices have something of that effect. This connection via virtual devices has extended to clients and opposing law firms as our meetings and discussions have been held almost exclusively via audiovisual internet calls or teleconference.  

Here at IBLAW, we have devised a scheme where all of our employees whose functions entail making trips to the Courts or Ministries or any other public gathering spot are advised to work from home and report their tasks virtually. We have taken this measure with our sights set on making the firm a safe zone by limiting exposure to the outside world as much as possible we have also rearranged employees’ workspace to ensure proper social distancing.  The focus of our adaptations to the pandemic have been clear, our focus is the safety of all members of our firm and interactions are limited to only what is necessary. 

Do you think law firms in Jordan are likely to embrace any of these COVID-related changes (such as increased remote working) going into the future? 

I believe that this would be a question with varying responses amongst different firms. It comes down to each firm’s own experience with COVID-related changes, and the success each had. Speaking on behalf of IBLAW, we have found great success in some of the COVID-related changes such as working from home and meetings via internet calls. We have been able to bridge the figurative “gap” bought on by remote working by placing extra emphasis on clear and constant communication. Some of our biggest strengths at the firm have always been our collaborative spirit and our excellent team-work, thereby our experience with some of these measures has been a successful one.  

In the end I believe that to truly address this question, the effectiveness of the mentioned measures needs to be analyzed outside the context of COVID-19 to determine its sustainability and functionality. If it is proven that these measures can continue to be effective in an environment where they are no longer needed to ensure people’s safety, then it would definitely be something we could look into adopting for the long-term.   

How much is the rapid development of technology changing the legal market in Jordan?  

The rapid development of technology is changing the entire globe not just the legal market in Jordan. Holding a meeting between people at opposite ends of the globe was unheard of 15 to 20 years ago, yet now it has become our norm. This development has led to many cost-cutting and time-saving opportunities as expenses related to travel and accommodation have become close to zero. This has led to decreased overhead while productivity and efficiency is increased due to the saved time.  

Perhaps the best example of the change bought on by technological advancements is none other than the recently enacted Defense Orders No. 21 and 22. This order stipulates the use online platform which automates nearly all the steps of the litigation procedure, as opposed to making virtual submission in court. This brings about a massive change to the Court procedure and legal market in Jordan, and holds great promise of increased efficiency and quicker resolutions.  

What is the interplay between local and international firms in Jordan? Are there any advantages particular to either? 

I would say that there is no specific or defined interplay between local and international firms in Jordan. Generally speaking, the relationship between each other does not differ from the relationship of two local firms or two international firms. Of course, owing to the nature of each one, the nature of work might differ between the two 

International law firms tend to be inclined to consult local firms in Jordan in matters of complicated issues within the Jordanian law. International law firms also diverse their risks and seek the support of their other branches when needed, it is also easier for international firms to offer legal services in different countries, as they only need to refer the client to another branch in the country of choice. While local firms have to rely on building relationships with firms outside of Jordan to ensure that a referral is good enough for their international clients. Furthermore, local firms are free to run their firms up to their own standards and choosing the management methods that work best in Jordan.  

That being said, IBLAW is an example of a local firm that handles legal work both inside of Jordan and out, and examples of international firms doing the same could be easily found. The reality of the situation is that there is no specific interplay between the firms, each operates within their own mandate and collaboration occurs when the situation calls for it.  

 

Do firms in Jordan typically see greater amounts of inbound or outbound work? 

This question truly depends on the nature of the firm itself, as some firms specialize in outbound work and others in inbound work, while many have a balance of both. IBLAW is an example of such firm with both inbound and outbound work. It is a question that depends on specialization and the size of the firm, as bigger. Established and well-known firm in Jordan typically see greater amounts of inbound work, while smaller firms or less known law firms see more amounts of outbound work due to lack of name recognition.  

What are some of the advantageous skills and qualifications which would help a lawyer to succeed in Jordan?  

Being a lawyer in Jordan is no different than being a lawyer anywhere else in the world in regards to the skills required. The most important factor to take into consideration for any lawyer is that you are a person providing a service. Not to downplay or discredit the social function a lawyer plays by being an advocate of justice and a servant of the court in any way, a lawyer’s main obligation is owed to his or her client. So here at IBLAW when choosing the members of our team we focus on the following qualification: 

Commercial awareness; this essentially means possessing knowledge of current developments in local, national and world business, particularly any issues that impact a law firm and its clients. This is important because ultimately law firms are businesses so lawyers must appreciate the commercial significance of meeting deadlines, minimizing costs and handling information confidentially.  

Moreover, clients expect their lawyer to fully understand how their businesses work and which social, political and economic issues may affect those businesses. Lawyers, in order to provide pragmatic legal advice to the best of their ability, must appreciate the short and long-term implications of their client’s business proposal, and think strategically about the organization’s strengths, weaknesses, and prospects.  

Being Bilingual or multilingual: In this day and age, law firms have clients from different nationalities and represent corporations that operate all over the world. A knowledge in the Arabic language is no longer enough, fluency in the English language as well is vital for lawyer nowadays. Of course, the more language a lawyer speaks the bigger the client base can be. 

Teamwork: The ability to work within a team is indispensable and lawyers need to be able to deal with people from all levels of the legal hierarchy from trainees to members of the judiciary. It’s also vital that clients trust their legal representatives, so lawyers need to be personable, persuasive and polite. 

Attention to detail; Accuracy is pivotal to the success of any legal career.  

Communication skills: Strong oral and written communication skills are crucial. Excellent listening ability is also necessary when working with clients, as a lawyer needs to be able to build relationships and engender confidence. Public speaking is correspondingly required in the role of a lawyer.  

Information analysis and research: Absorbing large amounts of information, facts and statistics, analyzing material and distilling it into something manageable is a feature of any law career. Being able to recognize what is relevant out of the mass of information and explain it clearly and concisely to the client is key. Research also plays an immense role in a lawyer’s day-to-day job. It is obligatory when drafting legal documents and advising clients on complicated issues. 

Of course in addition to all the above, a legal degree is essential for any person wishing to enter the field of law, especially due to the requirements imposed by the Jordanian Bar Association. We also believe that a lawyer must also be a person of initiative and must be able to take decisive action and respond quickly to any obstacles that may present themselves, this is something we try to teach each member of our team.  

What would make a firm stand out from its competitors in your jurisdiction?  

Once again, this response would be no different for Jordan than any other jurisdiction in the world. As for IBLAW we pride ourselves by maintaining good client relationships by guaranteeing the following:  

Providing transparency and collaboration in pricing. That can be done by offering flat fees, hybrid billing or alternative price structures, asking each client what works best for them and guaranteeing that the clients are never surprised by the legal fees at the end.  

Recruiting the right people. IBLAW always tried recruit the best people and invest in training them and making sure they are compensated fairly. Making a poor hiring decision can inhibit growth and reduce chances of long-term success. 

Listening to clients; Firms should consistently communicate with their clients and ask them what they want to modify and then act on those suggestions. At IBLAW we try to adapt to client wishes and be flexible enough to address all of the clients’ needs 

Improving the workflow; firms should map out the tasks that should be completed and appropriately set out the timeframe it needs, the manpower needed for said task and engage in people and project management in order to obtain the finest outcome without losing time.  

Offering an outstanding customer/client experience. This is not the same as the firm providing its clients with good service, it is rather based on ensuring that client feels comfortable and supported spending time with their lawyers from the first meeting until the file is closed, and being treated with respect and civility. 

Ensuring cross-fertilization between different legal disciplines. Most firms are organized by practice groups and specialized attorneys. And while IBLAW does have practice groups and specialized attorneys, we ensure cross-disciplinary approach established by tapping into a firm’s wide resources across departments provides for a holistic approach in addressing challenging legal issues and is advantageous for the client.  

What changes would you most wish to see/implement in your firm? And in the wider legal market in Jordan? 

Although it would be naïve to say that the working environment at IBLAW is perfect, as nothing comes without its deficiencies, I do feel as though we have built a healthy and equal opportunity culture at the firm. We take pride in our collaborative spirit and treat all employees with respect, we emphasize team-work over one-man missions and our goal every time is to fulfil our obligations with everybody playing their part.   

That being said, I would like to see a stronger push towards taking on pro-bono work, because while a law firm is a business, I believe that lawyers have the ability to improve their communities and implement real change.  

Speaking on Jordan as a whole, I do unfortunately feel like improvements could be made in numerous areas. In terms of the courts and the judiciary, I feel like efforts to stream-line court procedures and increasing the collaboration and information-sharing between government bodies could go a long way in expediting the process and making the courts more accessible to the people. Regrettably, many people are deterred from resorting to courts due to the currently held reputation of long and arduous litigation processes that lead to costs piling up. In the same breath, more transparency and making necessary information more accessible could also facilitate court procedures being more clear and predictable.  

As for other firms in Jordan, I do feel like more emphasis could be placed on building a culture of inclusiveness and acceptance. Sadly, many firms in Jordan make decisions regarding hiring and firing people based on their background, religion or gender. The legal market as a whole needs to become more aware of this issue and a more concentrated effort is needed to work towards a resolution.  

What are the most challenging aspects of running a law firm as a managing partner? 

The biggest challenge for any management position in the legal field is undoubtedly dealing with the human element. Unlike professions such as engineering or business management; a law firm’s success does not depend on any tangible assets, rather, a firm will only go as far as its employees take it. Being a service-based profession, achieving success will depend on the quality of the work provided. This is contingent on two aspects, the merit of those involved and the motivation provided for quality service. Thereby, a managing partner’s job is to equip their firm with the best assets possible, meaning the most qualified lawyers for the job; and creating a work environment that will drive those lawyers to thrive and preform their obligations to the best of their abilities. 

Being a managing partner means commitments and responsibilities are plenty while the time to meet them is scarce. Ergo, time-management is of the essence and ability to confidently delegate responsibilities is an absolute must. This entails a managing partner investing their time into training and teaching the lawyers at their disposal, in the hopes that they could build these lawyers up to becoming decision makers and problem solvers. This is achieved by creating a work environment where people are stimulated and are rewarded fairly for their performance.  

Further, taking the time to maintain client relations is imperative for the success of a managing partner. A successful managing partner is accessible and highly attentive to client requests, as they must always assure clients that they are receiving the highest standard of care possible. The reality of the situation is that being a managing partner is a time-consuming and burdensome commitment, whereby success will depend on the partner’s ability to divide their attention to where it is needed and on creating and healthy working environment where lawyers are motivated to perform their functions at a high level and grow with the firm, so that they could be the leaders of tomorrow.  

Does the lawyer’s role/involvement in client-facing work changed since becoming managing partner? 

It does, in the sense that the role of managing partner is very time consuming as explained above; the managing partner is responsible maintaining the firm’s stability, communicating its value system, providing leadership, contributing to professional publications, and for accomplishing the firm’s human resource strategies by determining firm’s structure, establishing the firm’s organizational, operational, and financial strategies and thus there is less time for client-facing time.  

Balancing all those duties requires the managing partner to surround him/herself with the right people who can handle clients on their own and that is accomplished by leading strong-willed individuals to achieve common good and setting the tone for client-centred hospitality and service as the importance and attention does not waiver and the clients continue to be the number one priority. 

What does diversity and inclusion mean to you? And, is D&I difficult in Jordan? 

Diversity incorporates all of the elements that make individuals unique from one another, and while there are endless differences in individuals, most of us subconsciously define diversity by a few social categories, such as gender, race, age and so forth. While inclusion refers to the behaviours and social norms that ensure people feel welcome. Inclusivity is crucial for diversity and creating an inclusive culture proves valuable for employee engagement and productivity. 

Personally, diversity and inclusion means fair and equal opportunities to all where everyone is considered to be at equal-footing and success and growth is not dependent on social status or background but rather the merit of each individual. It means that everyone gets presented with the same opportunities and offered the same level of care, and people are rewarded based on how they respond to these opportunities. Diversity and inclusion is building an environment of acceptance where preconceptions are left behind and people are assessed impartially and with a neutral perspective.  

In Jordan, challenges with diversity and inclusion might be different than in other parts of the world. Not to simplify matters, but challenges with diversity and inclusion generally present themselves in two contexts, the background of a person and the gender. While great strides have been made into building a more inclusive culture in Jordan, shades of nationality and tribalism are still rooted in society. Positions and opportunities being given or taken away due to a person’s background is an unfortunate yet regular occurrence in the Jordan. Special treatment is afforded to be people based on nepotism, extends into the working landscape and people in both the public and private sector continue to be punished or rewarded based on where they hail from. This is a form of discrimination that has sadly become too normalized in our society, even expected in some cases.  

On a personal level at IBLAW, we condemn any such behaviour and we evaluate people based solely off of their performance. Diversity and inclusion in this regard is simply to give everybody a fair shake and not regard a person’s family name or religion but rather the content of their character. 

While background is a major source of discrimination in Jordanian society, perhaps the more problematic and prevalent form of discrimination is that based on gender. There is no way around it, women are not given equal opportunities in Jordanian market and suffer from systemic oppression. Once again, major improvements have been made in this regard and the march towards equal rights continues every day. However, we are still not where we need to be as country, and we cannot stop until we get there.