How to provide consultation correctly

The consultation, whether it is of a legal or religious nature, can be defined as the manifestation and clarification of the views of the law or religion, or the available solutions within them, to another party regarding a specific subject or a particular situation for various reasons.

Since consultations on important matters can have far-reaching consequences for lives, finances, and even economies, it is necessary that only those well-versed in the field provide them, so they can be trusted. However, in an era where matters have become blurred, and there are many who dabble in consultations, it has become a commodity in the eyes of its seekers and a rich topic, sometimes even a humorous one, discussed by people in their private and public gatherings. Hence, there is a pressing need for a strict system that sets boundaries and harsh standards for those who provide consultations. Despite the efforts of the state to establish these standards and conditions, some individuals can still bypass them (sometimes due to the strength of the system) and enter the field without sufficient qualifications, leaving a dismal impression of this noble and prestigious profession.

In this article, we won't delve into people's complaints and their tragic stories with some consultation providers (those authorized to offer it) or analyze and verify them, as these stories are often filled with sorrow, and many of them are sadly real.

We have previously discussed identifying the suitable characteristics of a person who provides legal advice and those who merely pretend to, and we have also talked about the profession itself, distinct from the latter. In this blog, we prefer to offer direct advice to legal and religious consultants before, during, and after providing legal advice, so the consultant is well-informed about the conditions and ethics involved.

Therefore, the consultant must have an extensive knowledge of the laws governing the issues presented to them and should support their opinion with direct legal or religious texts, or with cases where final judgments have been made, or with general principles recognized by the relevant judiciary, such as the Supreme Court, for example.

Undoubtedly, the preventive role played by legal and religious consultants when carrying out their duties is an active and productive one. They serve as a safety valve for institutions, regardless of their size or category, even for individuals. The consultant is almost the only person authorized to prevent or mitigate the consultant's exposure to legal consequences or protect them from financial, social, or even unpredictable psychological losses.

However, we notice that many people only seek legal and religious consultation after a dispute or violation has occurred, and often, the issue seems so complex and challenging to resolve. We understand that some consultants have their own reasons and motivations, which are sometimes acceptable but many times due to ignorance about the role of a consultant and the importance of seeking their guidance during those times.

Returning to the main topic of this article, a crucial question arises: What are the most important elements that the consultant must focus on and consider when providing consultation? The answer is as follows:

First, since the judgment of a matter is a branch of understanding it, it is essential for legal and religious consultants to conduct a thorough study of the subject presented to them. They should comprehend its dimensions, elements, details, and not solely rely on the account provided by the consultant. This is important for several reasons:

1. The consultant may not accurately recall all the details or may omit certain elements they do not consider important.

2. The consultant may be under psychological, social, or financial pressure that hinders them from providing a complete picture of the issue.

Therefore, it is crucial to request comprehensive and detailed information about the situation or the subject of the consultation, while reassuring the consultant that they can be candid without fear or hesitation.

Often, at the beginning of a conversation, the consultant may tend to defend their legal position, thinking it's part of the consultation process. Although this is important, it can sometimes cause interference and distraction. The consultant should be aware of this and guide the consultant to structure their narrative. For instance, in the case of labor-related consultations, the consultant should begin by defining the type of work, its nature, administrative position, authorities, and the existence of internal regulations at the workplace. Then, the consultant should proceed to discuss the incident, identify the causes that led to it, the individuals involved, the management's response to the incident, and any actions taken within or outside the organization. Finally, the consultant should provide their legal opinion based on external and internal regulations and legislation.

The consultant should be aware that while the narrative is a part of the solution, it cannot be solely relied upon by the authorities responsible for resolving disputes between the parties. A missing document, a neglected certificate, or a weak piece of evidence can sometimes change the outcome in favor of one party.

The consultant must also thoroughly verify the consultant's requests and inquiries about the issues presented.

Secondly: Professional Commitment to Ethical Standards in Consultation. We'll discuss some of these ethics, but not all of them to avoid making this too lengthy:

The consultant should be a good listener to the consultation seeker, consider their narration of the details, and let them know that you've thoroughly understood their problem. You should also ask questions that are relevant to the consultation or that you anticipate would serve the presented situation at the right time during their narration.

The consultant should aim to document the information received from verbal discussions through an appropriate means. This is important for analysis and study when forming an opinion, especially in cases with multiple parties or those involving numbers, dates, and various roles.

Consultants often encounter clients who seek empathy and a sense of loyalty. It's advisable to consider this human aspect and not neglect it, all while staying on topic. We believe that balanced empathy is a professional skill that consultants should learn and train for whenever possible.

The consultant should not hesitate to say, "I don't know," in a dignified manner when a question falls outside their area of expertise. If the question falls within their area of expertise, but they are uncertain, they should seek advice from a fellow professional to clarify the matter.

A part of professional ethics is distinguishing between consultants and considering their financial and social situations, particularly in determining an appropriate fee that balances the professional aspect with the human aspect. The consultant should be mindful of the client's financial situation and may offer a reduced fee or even provide the consultation for free as an act of charity, acknowledging their own knowledge and expertise as a blessing and an opportunity to seek divine blessings in their wealth and work.

The consultant should follow a professional approach when providing consultations. This includes adhering to the stages related to the consultation, from the initial presentation to the conclusion of the need for it, depending on the objective, formal, and time-related factors of the consultation. These stages may involve study, analysis, categorization, understanding relevant regulations and supporting laws, and determining the specific and objective jurisdiction, such as the literal text of the law, its interpretation, or amendments.

The consultant should communicate their legal opinion to the client in a clear and understandable manner that takes into account the client's academic, scientific, and intellectual level. They should provide supporting documents for their opinion and what is required of the client, documenting it in writing as a reference document, making it easier for the client to revisit when making decisions or assessing the situation.

Furthermore, the consultant should answer all of the client's questions, regardless of their complexity, and offer continued support even after the consultation has concluded.

In conclusion, we hope to shed some light on the ethical considerations that apply to consultants in their important professional role when providing legal opinions to others.