Neena Gupta Click here to see full sized version.

The business of law is about much more than the law. It is about building and sustaining a client base. In a global marketplace, that client base can easily come from Japan, Qatar and India. For lawyers and their firms, that means being just as comfortable doing business in Tokyo, Doha or New Delhi as Toronto, Calgary and Vancouver.

“Successful business is always about relationships, and understanding culture assists with those relationships. It makes sense to understand more cultures,” said Jane Clark, a partner with Gowling Lafleur Henderson LLP in Ottawa who heads up the firm’s China Practice Group.

Such understanding first needs to be put into context. While culturaldifferences are important, and must be recognized and addressed, most individuals and companies seeking legal advice from a Canadian law firm do so with the insight that this is not a firm from their country or with their cultural awareness – nor should it be. “The language of business,” said Karim Mahmud, a partner in the Calgary office of Fraser Milner Casgrain LLP, “is universal.”

“It’s easy to look at differences when you’re doing transactions that cross borders, but I find you have way more in common,” he added.

That said, it is both impressive and effective to understand the culture in which you are doing business and demonstrating that understanding to clients. “There are cultural sensitivities even when you are dealing domestically,” said Neena Gupta, a partner with Gowlings in Waterloo who heads up the firm’s India Practice Group.

That country, she noted, is an international hybrid. Where someone is from geographically within India – one of the two Asian tigers, along with China, that is gaining significant economic ground and power – speaks volumes about their traditions, their language, and their way of doing business. It may be something as simple, or as complex, as taking a client to dinner. If someone is from the south part of the country, for example, they are likely to be a Brahmin and, therefore, a strict vegetarian. People from other parts of the country, on the other hand, will often eat meat.

Even in countries like Israel, which has been doing business with Western lawyers for decades, there are dietary restrictions. “Try to offer only kosher food,” advises David Rubin, a partner with Gowlings in Toronto. “Those who observe those laws will feel at home.”

Indeed, that is what bridging the cultural divide is all about – comfort. “It is difficult to win trust,” said Gupta.

Sometimes it is the little things that reveal the effort a lawyer and a firm have put into building a relationship. In China, for example, presenting a business card is done a certain way – extended with both hands, with both parties exchanging at the same time, and both people studying the card (not slapping it in a wallet). Doing that inappropriately will grate; doing it properly will impress – and it will show respect, a primary consideration in building a client relationship and working with other cultures.

“Nuances,” noted Mahmud, “are important.”

“You want to put your best foot forward and be courteous, but you also don’t want to offend and jeopardize business,” said Clark.

One of the big issues is language. In India, Gupta said, “the business community speaks English but there are often side conversations.”

Lawyers do not want to be excluded from those conversations. Inclusion requires opting for one, or a number, of choices. “You need someone who is familiar with the particular community,” said Gupta.

That someone can be a member of the firm, or a firm from the local area you are working in. Either way, the end result is trust. “If you’re from that particular group, there is greater acceptance more quickly,” said Gupta.

For Canadian law firms, that means paying attention to who in the firm has cultural insight and expertise to offer. “If someone has language or cross-cultural skills it is viewed as a positive,” said Mahmud.

“(It is) recognized as value added,” he noted.

That value is apparent in two ways. First, these lawyers can lead or assist with business that has cultural considerations. Second, they can help other members of the firm who are doing business overseas or close to home but need to know more than merely the law.

If the business is being conducted away from Canada, it is advisable to send a colleague from the area in question, said Clark. It is also helpful to develop a checklist of cultural considerations, must-do’s, and “for heaven’s sake do not do this” items.

A coaching session before a trip or an important meeting is also helpful, said Gupta. A lawyer with cultural insight can share a lot of valuable information in an hour or two. If nothing else, that insight will attune lawyers to cultural considerations. Often the issue is simply one of sensitivity.

One size, of course, does not fit all. “It’s hard to create a package you can do as a seminar,” said Gupta, “but it’s worth spending the time doing a custom briefing.”

“Doing it right,” said Clark, “can be a highlight.”

If there is no one in the firm who can assist other lawyers, there is likely someone on the ground in the community in question that can. “Our approach is to pair up with a local firm,” said Mahmud. This is both cost-efficient and culturally sound.

These, and other options, will be explored in even greater depth as the global legal market opens up. “For us to do economically well,” said Gupta, “we have to be global players. Our clients will want to be part of that global growth, which means we will have to be.”

That requirement opens up new opportunities for the next generation of lawyers waiting in the wings. “The key is to bring up young lawyers with this expertise,” said Mahmud.

Such cultural skills – speaking another language, being familiar with another culture, having lived outside Canada – while often acknowledged as softer skills are still seen as an enhancement to core legal skills. “We are conscious of the fact that a candidate with linguistic ability and global awareness does bring something to the table that others do not,” said Gupta.

That something is very good for the business of law.