ALB's Rashida Yosufzai talks to the man behind the world’s first Shariah-compliant law firm in what could be the start of a new business model.
Moving from a high-profile position as the global head of DLA Piper’s Islamic finance practice, Oliver Agha went it alone earlier this year to launch the world’s first Shariah-compliant law firm in the UAE, Agha & Shamsi, a move which stunned and intrigued many in the legal industry.
The firm’s mantra is ‘Principle before Profit,’ and its founding partner is certainly principled. So much so, in fact, that early this year he went where others wouldn’t dare, at a time when the world’s economy was in turmoil from the first wave of the financial crisis. By going fully Shariah law-compliant, Agha & Shamsi would be turning away many ‘conventional’ clients and big-ticket legal work, which is the foundation behind many of the world’s most successful law firms. What led to this sudden breakthrough and why, more importantly, the timing?
Agha says he’d been contemplating the idea for a number of years, and it was in fact, the perfect time, considering the growing number of clients in the Islamic banking sector. “There were a number of triggers for this, but overall, it was the right climate,” Agha said. “There are many Islamic banks and Islamic insurance companies who feel comfortable with a service provider with a similar mindset. I believe some clients would be best served if they had an independent base of lawyers that practiced their own conduct in accordance with Shariah, as well as offering Shariah services.”
The other ‘trigger’ was spiritual. Following Agha’s high-ranking corporate positions in the world’s biggest law firms (Clifford Chance’s Saudi affiliated firm and Fulbright), the independence that opening up a niche firm offered was highly attractive. “Having worked at large law firms my entire professional career, I was very interested in setting up a law firm with an express ethical mandate, which serves the law and … a higher spiritual purpose,” he explained. “Of course it also means you can chart your own course – there’s a lot of independence in being a farmer waiting for the rain to come, rather than working on someone else’s land.”
Model of business
The law firm’s business model is unique, and to some it would seem to limit the firm’s chances of corporate success. By Shariah law, it cannot invest in funds linked to – or that bear – interest. It also maintains a Shariah board of scholars who provide rulings on the firm’s constitution, structure, deals and transactions, not unlike a corporate board, but un-secular.
Where most other firms are locked in decades-long competition around league table rankings to judge the number of deals closed, the Shariah-compliant firm may not be as competitive as its international counterparts. Agha’s firm cannot welcome every potential client; it must turn away those from certain businesses – including ‘conventional’ international banks, insurance companies, and clients linked to gambling and alcohol, and others from Islamically impermissible areas. “We’ve had to turn away a fair degree of business that is by mandate, proscribed for us,” Agha said. “It’s a significant carve out, and the kind of work and clients we can work with are limited. That hasn’t been an easy decision because in this market it’s obviously helpful not to have to turn work away.”
Conventional work and clients are largely behind the success of the world’s biggest law firms. Global law firms are arguably dependant on these clients to survive. So can a new-model law firm thrive on its principles? The managing partner of Malaysian firm, Azmi & Associates, said that although Agha & Shamsi may have carved out a large portion of high-value work, there is enough business and global clientele to sustain it. “The pool of clients might be limited, but on the other hand in a globalised world the market is huge. There should be plenty of opportunities for a Shariah-compliant law firm in cross-border transactions,” said Azmi Mohd Ali. “If a Shariah-compliant law firm has skill-sets needed by clients, then those firms will remain sought-after within those bounds.”
Agha & Shamsi’s clientele includes members of the royal family, Islamic mortgage financing companies, high-net-worth individuals, and of course, Islamic banks and entities. If client feedback is any marker, it seems the firm’s ‘niche’ status has been welcomed. “The reaction from clients has been very favourable. They are generally pleased and intrigued by the concept of a Shariah-compliant law firm and have a very positive view of the firm’s ethical mandate,” Agha said. “We’ve had considered growth at our firm.”
Whether the rest of the legal industry follow in Agha’s pioneering footsteps remains to be seen. Azmi & Associates for one, welcomes the move, but did not say whether it would consider something similar. “We congratulate Agha & Shamsi on the achievement of their new business model, and look forward to working with them on cross-border deals between Malaysia and the Middle East,” said its managing partner.
International links
Having spearheaded DLA Piper’s global Islamic finance practice and its Saudi office, Agha left that firm in October 2008 with a view to establishing his firm alongside noted Emirati figurehead Dr Saeed Mohammed Al-Shamsi. In only a few months the firm secured an affiliation with Pillsbury Winthrop, putting to rest any thoughts that a Shariah law firm is less appealing for international clientele.
Although Pillsbury is unlike Agha & Shamsi’s offering, using a conventional business model, Agha says there is no conflict of interest in aligning with a non-Shariah compliant firm. “This is simply an arrangement between two law firms who have affiliated on a non-exclusive basis, and when it makes sense we co-operate on matters,” Agha explained. “We don’t share systems, client bases, staff or resources.”
Inevitably, questions arise on how the firms work together – how Agha & Shamsi maintains its Shariah compliance working alongside its affiliate on a contentious and potentially ribawi (interest-bearing) matter? “While the firm could not work on an interest-bearing transaction – for example the documentation of a conventional loan – if we’re working on a large project in the UAE or the Kingdom of Saudi Arabia that had a conventional finance tranche, then subject to review and approval of our board we may be able to work on the permissible parts of the project. We would have to be mindful, of course, not to share in any fees from the impermissible representation – this would need to be clearly marked and delineated so there’s no issue,” Agha said. “The whole reason we’ve set up the firm is to take a position and endeavour to develop a genuine Islamic finance practice. It would be hypocritical if we were to set up an ownership structure with an international firm and have that kind of financial backing from them where we’d be able to enjoy the revenues that effectively came from interest-bearing transactions.”
Distinguishing factors
The concept of a Shariah-compliant law firm is still in its infancy. Agha & Shamsi is filling a gap in the market, and for law firms around the world struggling with competitors popping up around them, it’s clear that the firm has been able to distinguish itself.
It may also demonstrate that although firms with clients in the conventional banking and financial sectors have seen steady growth rates, their larger exposure to the economic downturn can also lead to their demise – as was the case with Heller Ehrman.
Agha says that the financial crisis has led to a positive outlook for work. “A lot of the problems in leverage, collateral debt obligations, hedge funds and the issues that have plagued the conventional banking system are largely not tolerated in the Islamic system,” he said. “I think that’s resulted in the implicit endorsement of the Islamic system, as it hasn’t been as affected.”
There’s also much benefit in being surrounded by a large base of the right clientele and resources in the Middle East. As the understanding of Islamic finance practices grows, it will become more accepted as an important and alternative method of financing.
Successful or not, it’s clear that Agha remains steadfast in his pursuit, with the concept of the wholly profit-driven law firm having to take a backseat. “We are confident that the firm will be successful; however it matters more to us that our success is rooted in doing this correctly,” he said.
“We don’t compromise on our principles or integrity.”
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