Cultural Competence in Practice: Working Effectively with Muslim Clients
According to the 2021 Census conducted by the Office of National Statistics (ONS) there were approximately 3.9 million Muslims in England and Wales. This represents 6.5% of the total population (up from 4.9%, 2.7 million, re 2011 Census). These figures have increased since.
As a leading national law firm, our services extend to clients from all different backgrounds. Our quality of service across the board is not only routinely considered against, but exceeds the very highest standard of professionalism and client care. As solicitors, the SRA Code of Conduct describes the standards of professionalism that the SRA and the public expect of individuals authorised to provide legal services. This includes Rule 3.4 of the Code of Conduct where it states, “You consider and take account of your client’s attributes, needs and circumstances.”
We live in an ethnically rich and diverse society, where many of our clients have their own distinct cultural background, religious traditions and often language. These differences are present in each one of our clients and form part of their very own unique code of values. This begs the question as to whether, our legal services and client care should incorporate a practice of respect, tolerance and understanding of our client’s religious and cultural values. Demonstrating a high level of cultural competence and insight, may very well provide you with a distinctive human touch to new and prospective clients, and distinguish you from other practitioners in our highly competitive industry. We say that knowing the law is one thing, (but most likely this is presumed or expected) but knowing your client’s core values, breeds confidence and trust in you, and that can be a unique selling point.
This article specifically focuses on some of the cultural nuances and religious beliefs relevant to dealing with Muslim clients. As a starting point, it is important to acknowledge the pressure on solicitors, to know everything. Sadly, we do not. This article aims to help provide helpful information which can help avoid making inaccurate assumptions.
Understanding what some Muslim clients may value in their legal representative
To help understand the importance of cultural competence, we have considered some of the matters that Muslim clients may look for when instructing solicitors:
- Understand Islamic principles – especially in areas like family law, wills, and finance where Sharia compliance is important.
- Share cultural or religious values, which can foster trust and ease of communication.
- Are familiar with Islamic legal concepts such as Mehr, Islamic wills, or Sharia-compliant mortgages
The Law Society and Bar Council have also noted a growing number of Muslim solicitors in the UK, reflecting both demand and diversity in the profession. In addition to offering legal expertise, it would seem there is a requirement (and benefit) to demonstrating cultural sensitivity and respect for religious considerations.
For the above reasons, there is little surprise to hear that many law firms are now offering services tailored to Muslim clients including Sharia compliant legal advice.
Cultural nuances
- Avoid Assumptions
Fail to prepare, prepare to fail. Firstly, we should avoid making inaccurate assumptions based on name and ethnicity. The best way to avoid this (and a potentially awkward situation) is to ask open-ended questions.
Muslims in the UK are a diverse group and come from a wide range of ethnic and cultural backgrounds. While there is a common misconception that most Muslims are Arab, the latest data shows that the majority in England and Wales are from South Asian communities, with significant representation from Arab, African, White, and Mixed ethnic groups. When advising clients, it is important not to make assumptions and to ask whether a client is Muslim and whether any religious practices should be considered when preparing legal advice.
- Your first client meeting
This is your first opportunity to build a rapport with your client. First impressions count. Bilal was recently in awe of a White British colleague, who he had seen take a few minutes to Google search and practice the verbal greeting for meeting a Muslim client. This is “Salam Alaikum” which means “Peace be upon you.” He politely asked Bilal if he was pronouncing this correctly. Bilal was astonished by his level of respect and sincerity. Bilal is sure his client would have felt the same way. Bilal and Sarah both usually greet all of their Muslim clients with this verbal (and written) greeting, as it shows cultural understanding, which fosters trust and ease of communication.
- Ramadan
For some clients observing Ramadan, fasting may lead to fatigue or reduced energy levels, which could affect their availability or concentration. Being aware of this, and again, having open discussions with clients about what time of day they would like to be contacted and whether they would prefer not to be contacted can make a huge difference. Not only from a cultural perspective, but as lawyers from a due diligence perspective to ensure clients are fully able to take in any advice that is being provided. Furthermore, some clients who are observing Ramadan may prefer to avoid attending trial or giving evidence during fasting hours, depending on their individual circumstances. This can have detrimental consequences for the client if whilst observing Ramadan, they are unable to give their best evidence before the Court. It would be considered good practice to take these issues into consideration when providing the court with your trial availability and preparing your case for trial.
Again, throughout Ramadan, greetings are exchanged “Ramadan Kareem”, “Ramadan Mubarak” and at the conclusion “Eid Mubarak”. Being aware that clients may not want to receive legal emails, bills or meeting proposals during Eid is another way of ensuring the cultural understanding shines through.
- Opposite sexes
Verbal greetings and handshakes with the same sex are customary. However, where there is a meeting between men and women, who are not related, there may be specific cultural or religious boundaries to consider, depending on the individual client’s beliefs and practices. For many Muslims, a large part of their religious practices and traditions, are rooted in modesty. It would be considered inappropriate to have any physical contact with non-family members and some may even keep minimal eye contact between genders. To avoid potentially causing offence, always ask open questions. If you are meeting a client at their home, check if they would be comfortable with holding a meeting between genders. Some may prefer the meeting to be held in a segregated area. Ask if a video conference call may be preferred? Ask whether your client would prefer having a chaperone / family member to support them during the client meeting.
Whilst this article does focus on Muslim clients specifically, it is important that we consider a range of faiths, cultures, backgrounds and ethnicities. As a firm, we strive to understand these cultural nuances both internally with our diversity group, IMRespect, and externally with guidance such as this being shared within the legal community.
-Applying a little perspective
As a spin off series to this article, our colleagues, have prepared their own perspectives and experiences of dealing with some of these cultural nuances in their private practices which will follow this article.
