Legal Advisor

The legal landscape is evolving rapidly, with new complexities emerging for businesses in both domestic and international markets. As a result, a legal advisor has become an essential component of any organization’s success, whether large or small, domestic or international. In Saudi Arabia, laws are constantly changing under Vision 2030, particularly in sectors such as business, foreign investment, and technology, making the role of the legal advisor critical to ensuring companies’ compliance with the dynamic legal environment.

What does a legal advisor do?

A legal advisor is an expert who provides legal counsel based on thorough analysis and compliance with local and international legislation. While the scope of their work may vary between multinational corporations and small and medium-sized enterprises, the essence of their role remains the same: to provide legal guidance to ensure the company operates in accordance with applicable laws and regulations.

For example, in a Saudi real estate company, the legal advisor provides legal advice on compliance with local real estate laws. This requires comprehensive knowledge of laws related to real estate development, as well as dealing with various government agencies to obtain the appropriate licenses.

What are the duties of a legal advisor?

A legal advisor is an essential partner for any organization to protect it from potential legal risks. The duties of a legal advisor vary depending on the size and type of the organization. Among the most prominent roles of a legal advisor in Saudi Arabia are:

•   Providing specialized legal advice: A legal advisor is distinguished by their ability to analyze complex legal issues and provide practical and innovative solutions tailored to business needs across various legal fields, such as corporate, real estate, and labor law. For example, when a startup faces challenges in obtaining licenses, the legal advisor assesses the company’s legal status and the reasons for the delay in licensing, and provides advice on the best ways to meet the necessary requirements.
• Contract and Transaction Analysis: Verifying the soundness of legal terms and compliance with laws and regulations to ensure there are no provisions that could harm the company’s interests, as well as anticipating future risks arising from them and providing recommendations on necessary amendments to avoid them. For example, when drafting a contract with a foreign supplier, the legal advisor analyzes the terms of payment, delivery, and guarantees to protect the company from any unwanted obligations or subsequent legal disputes due to differences in local legislation between the two countries. 
• Preparation of Legal Documents: Drafting and editing legal documents such as contracts, agreements, and internal regulations, and managing all related legal procedures. These documents must be accurate and reflect the company’s legal interests. For example, to sign a partnership agreement with another company, the legal advisor drafts the partnership agreement clearly and precisely to define the rights and obligations of each party and cover all legal aspects related to the partnership, such as profit distribution and dispute resolution.
• Legal risk management: Assessing potential risks the company may face as a result of business or legal decisions, and proposing strategies to mitigate these risks. For example, if the company plans to enter a new market, the counsel analyzes local laws and regulations and ensures that all activities comply with applicable laws to avoid any future legal issues.
• Coordinating with attorneys to represent the company in disputes: Collaborating with attorneys to develop an effective legal strategy, which includes gathering evidence, analyzing cases, and advising on the best ways to handle the dispute. For example, if the company faces a lawsuit from a client for failing to meet contract terms, the legal counsel works with attorneys to mount an appropriate defense, prepare legal documents, identify witnesses, and advise on how to present the case in court.
• Interaction with Government Agencies: The legal advisor is sometimes required to interact with government agencies to ensure the company complies with all legal and regulatory requirements. In Saudi Arabia, this may involve agencies such as the Ministry of Commerce, the Ministry of Human Resources, and the Saudi Investment Authority to submit necessary legal documents or ensure compliance with laws and regulations. For example, if the company needs a license to conduct a specific activity, the counsel contacts the relevant authorities and submits the necessary applications.
• Representing the Organization in Negotiations: The legal advisor represents the organization in commercial, legal, or contract negotiations, whether with business partners or government agencies, to secure the best possible terms that protect the company’s rights and ensure the most favorable benefits. For example, when the company enters into negotiations with a supplier, the legal advisor ensures that the best supply terms are secured, including prices, quality, and payment terms.
• Dispute Resolution: Whether these disputes are commercial or legal, the legal counsel seeks to resolve them through amicable means, such as negotiation and mediation. and if these methods fail, they pursue legal proceedings, whether arbitration or litigation. For example, when a company receives a complaint from one of its clients, the legal advisor investigates it and negotiates with the client to resolve the issue amicably and reach an appropriate settlement.
• Staying up-to-date on legislative developments: The legal counsel monitors legislative developments that may affect the organization’s operations and adapts the organization’s strategies accordingly. When a new law is enacted, the legal counsel studies it and provides the necessary advice to amend policies and procedures to comply with it.
• Providing legal training to employees: Raising legal awareness among the organization’s employees by offering training programs in various legal areas relevant to the company’s operations to help employees make sound decisions that comply with applicable laws and regulations. For example, organizing a training course for sales staff on consumer protection law to equip them with the knowledge needed to interact with customers in a lawful and professional manner.

What are the most important qualifications for a legal advisor in a company?

The role of legal counsel is vital in any organization, whether government or private, and the need for highly qualified legal professionals is growing in Saudi Arabia due to the economic and social development the country is experiencing. Therefore, the position of legal counsel requires a set of qualifications and experiences that enable the individual to perform their role to the fullest, including:

• Academic Qualifications: A legal advisor must hold a bachelor’s degree in law from an accredited university; some companies may require a master’s or doctoral degree for leadership positions in the legal field.
• Professional Certifications: A legal advisor may hold professional certifications in legal fields such as corporate law, labor law, or real estate law, as well as continuing education certificates and advanced professional certifications. Among the most prominent professional certifications are:
  • Training in international arbitration to resolve disputes quickly and at a lower cost compared to traditional courts.
  • Certifications in international commercial law, especially if the company they work for deals with international entities.
• Membership in Professional Bodies: A legal advisor may be a member of professional bodies such as the Saudi Bar Association or the Professional Accreditation Program offered by the Saudi Bar Association tolegal professionals to provide the knowledge and skills necessary tothe practice of law and legal consulting in various sectors.
• Practical experience: It is preferable for a corporate legal advisor to have practical experience in the field of law, whether through working at a law firm or in a government or private institution.
• Knowledge of Saudi Laws: The legal advisor must have a deep understanding of Saudi laws, particularly those related to the industry in which the company operates, in addition to general and specific laws such as the Companies Law and the Labor Law, as well as other relevant laws.

What are the most important skills required of a legal advisor?

Although a legal advisor must hold a law degree and possess in-depth legal knowledge, this alone is not sufficient for success in the profession. Rather, they must possess a range of personal and professional skills to be qualified to perform their role to the fullest. Among the most important of these skills are:

• Communication Skills: Verbal and written skills to convey complex legal concepts in clear and simple language, and to draft legal memoranda with precision, clarity, and sound legal language.
• Legal Research Skills: The legal counsel must be able to conduct thorough and comprehensive legal research, locate legislation and legal research relevant to the cases they are handling, and be familiar with available legal databases and how to use them to quickly access legal information.
• Analytical and Critical Thinking Skills: To ensure the analysis of complex cases, the evaluation of available evidence, the assessment of various options for making sound decisions, and the presentation of creative solutions to legal problems.
• Negotiation and Persuasion Skills: Negotiate with other parties, whether adversaries or business partners, and have the ability to persuade others of one’s point of view and present compelling arguments to support one’s position.
• Time Management: A legal advisor must be able to manage their time and work under pressure, handling multiple cases and tasks while meeting deadlines.
• Honesty and Integrity: A legal advisor must be honest and maintain integrity to keep the information they receive confidential and provide sound legal advice.

What are the career paths for a legal advisor?

The career progression of a legal advisor varies depending on the size of the company and the industry in which it operates. In large organizations, there may be clear career levels that allow the legal advisor to move gradually through positions:

• Junior Legal Counsel: This position is suitable for recent graduates or counsel with limited experience. They are assigned simple legal tasks such as reviewing contracts, providing advice on minor legal matters, and interacting with other departments under the supervision of more experienced counsel.
• Mid-Level Legal Counsel: A counsel reaches this level after gaining experience that enables them to handle more complex legal tasks, which may include advising on major legal issues and negotiating key contracts.
• Senior Legal Counsel: The senior legal counsel serves as the primary point of reference for major legal issues the company may face, leading key legal matters and representing the company before major legal bodies.
• General Counsel: The highest level in the career ladder, the General Counsel assumes full responsibility for all legal matters, oversees a team of legal counsel, and works closely with senior management to guide the company’s legal strategy. They are also responsible for managing legal risks and directing the company’s legal policies.

What is the average salary of a legal advisor in Saudi Arabia?

In Saudi Arabia, the legal counsel profession has been Saudized in accordance with the “Legal Professions” Saudization decision, The decision is being implemented in two phases: the first phase requires Saudization of 50% of the total number of employees in legal advisory roles within the organization, and the second phase requires Saudization of 70% of the total number of employees in legal advisory roles within the organization. 

The decision applies to all companies, law firms, and legal consulting firms employing legal consultants, including general legal consultants, private legal consultants, contract specialists, and legal clerks, with a minimum salary of 5,500 riyals for legal consultants holding a bachelor’s degree.

In general, legal advisor salaries vary among companies in the Kingdom of Saudi Arabia for several key reasons, including:

• Company Size and Activity: Large and multinational companies tend to pay higher salaries to legal counsel compared to small or medium-sized companies. This is because the scale of legal operations and the complexity of the issues these companies deal with require a higher level of expertise and competence.
• Experience and Specialization: Legal counsel salaries vary based on years of experience and areas of specialization. Counsel with extensive experience in complex fields such as commercial law, international contracts, or corporate law typically earn higher salaries compared to those with limited experience or who specialize in less complex areas.
• Geographic Location: Salaries vary based on geographic location within the Kingdom. Legal advisors working in major cities such as Riyadh and Jeddah often earn higher salaries compared to those in less economically developed regions, due to the higher cost of living and increased demand for legal services in those areas.

If you are interested in accessing the latest information on salaries and wage changes for 2024, we recommend downloading the comprehensive salary report from “Jisr”, which provides a thorough and reliable analysis of the financial job market in the Kingdom.

What is the difference between a legal advisor in the public sector and one in the private sector?

The work of a legal advisor in Saudi Arabia varies depending on whether they work in the public or private sector, as there is a clear distinction between public and private sectors that affects the nature of the legal advisor’s work. The difference between a legal advisor in the public and private sectors is summarized in the following points:

Public Sector Legal Counsel:

A public law legal advisor typically works with government agencies or institutions linked to the public legal system. This type of advisor specializes in laws and regulations that affect the public interest, such as constitutional, administrative, and criminal laws, as well as laws governing public proceedings.

They also focus on sovereign laws related to state administration, such as the judicial system, administrative systems, legislative systems, and oversight of government agencies, to participate in drafting laws and regulations, ensure compliance with public laws affecting the state and society, and provide legal advice on government decisions and the implementation of public policies.

For example, a public law legal advisor may work on developing policies related to environmental protection or labor regulation, which requires a deep understanding of public laws and how they are applied at the state level.

Private Sector Legal Counsel:

A legal advisor for private law works with commercial companies or private institutions and specializes in laws governing business operations and transactions between individuals or institutions, such as corporate law, labor law, intellectual property law, and commercial law.

The legal advisor for private law focuses on commercial law, providing advice on commercial contracts, contractual obligations, commercial disputes, tax compliance, and the regulation of commercial activities to protect the commercial interests of companies and ensure that business operations are conducted in full compliance with the law.

They also contribute to managing legal risks that companies may face and legal issues related to employment, contracts, intellectual property, and competition, and assist in making strategic legal decisions that protect the company’s interests.

What is the difference between a lawyer and a legal advisor?

Although both legal advisors and lawyers hold law degrees in the Kingdom of Saudi Arabia and deal with laws and regulations, there is a difference between the powers and responsibilities each assumes. Among the most notable differences between a lawyer and a legal advisor are: 

• Primary Role: A lawyer is a person who represents individuals or companies in court in legal cases, whether criminal, civil, commercial, or labor-related. They provide defense or prosecution on behalf of their clients and prepare legal briefs and pleadings. Meanwhile, a legal counsel works within an organization or company to provide legal advice on issues facing the organization. Their work includes guiding management on how to comply with laws and regulations and avoid legal risks, without representing the company in court.
• Licensing: To practice law in Saudi Arabia, an attorney must hold a degree in law or Sharia, be licensed by the Saudi Bar Association, and complete specific legal training to be officially authorized to practice. In contrast, a legal consultant may not need a legal consultant license from the Saudi Bar Association if they provide only advisory services and do not represent clients in court. However, they must hold a law degree and may need to register as a certified legal consultant if they work with companies or government entities.
• Responsibilities: One of a lawyer’s most important duties is to represent clients in court, present arguments, and plead cases. They can also draft legal contracts and provide legal advice, but their role extends to include actual representation before courts and judicial bodies. Meanwhile, a legal counsel provides legal advice, drafts contracts, reviews legal documents, and offers solutions to potential disputes within the company; however, they do not argue cases in court or represent the company in legal proceedings unless they also hold a lawyer’s license.

What are the most important questions to ask during a job interview with a legal advisor?

Conducting a job interview with a legal advisor requires asking specific questions to assess the candidate’s ability to provide effective legal advice and handle legal matters. Some of the most important questions to ask include:

Questions about legal experience

These aim to assess the candidate’s experience in the legal field and their understanding of relevant laws and regulations.

• What areas of law do you specialize in?
• How have you handled similar legal issues in the past?
• Have you faced complex legal challenges? How did you resolve them?

Legal and analytical skills questions

These include a set of questions that measure the candidate’s ability to analyze legal situations and arrive at effective solutions.

• How do you analyze a complex legal issue and determine the best course of action?
• Can you provide examples of legal decisions you were involved in making?
• What was the biggest legal challenge you faced in your previous job, and how did you handle it?

Negotiation and Conflict Resolution Questions

These help identify the candidate’s negotiation skills and ability to manage legal disputes.

• How do you approach negotiation in legal disputes?
• Have you ever represented a client in sensitive negotiations? What were the results?

Questions on Knowledge of Local and International Laws

These questions aim to ensure the candidate’s knowledge of applicable laws and their application in local or international contexts.

• What legal challenges might the company face based on local laws?
• Do you have experience dealing with international or cross-border laws?

Questions on work ethics and professionalism

Provide insight into the ethical principles the candidate follows and their commitment to professionalism in legal practice.

• How do you balance the client’s interests with compliance with laws and professional ethics?
• Have you ever been in a situation where you had to make a difficult decision between ethics and the law? How did you handle it?

Questions on communication and professional relationships

These help ensure the candidate’s ability to communicate effectively with clients and colleagues.

• How do you explain complex legal issues to people without a legal background?
• How do you handle situations that require collaboration with multidisciplinary teams?

Contract Analysis and Protection of Company Interests Questions

Assess the candidate’s skill in reviewing contracts and identifying legal risks.

• How do you review a contract to ensure the company’s interests are protected?
• What types of corporate contracts exist under the Saudi legal system? How do you ensure a contract complies with laws and procedures?
• What are your methods for managing legal risks within the company?

 What are the most important tips for conducting a job interview with a legal advisor?

To conduct an effective interview with a legal advisor, you should focus on evaluating the candidate’s technical and personal skills. Here are some of the most important tips to follow:

• Prepare in-depth questions about legal experience: Be sure to review the legal advisor’s resume and focus on the legal experience they’ve listed. Prepare questions related to the cases they’ve worked on, and ask for specific examples of cases they’ve handled and how they dealt with various legal challenges. You can also ask for details about the stages they went through during the cases and how they interacted with the various parties.
• Assess analytical and negotiation skills: A legal advisor must be able to analyze complex legal situations quickly and effectively, so focus on evaluating their analytical ability. Ask how they handled a complex legal situation and how they determined the best solution, as well as how they manage legal risks and opportunities. Additionally, ask about past situations where they had to negotiate on behalf of the company and how they managed to reach a satisfactory agreement.
• Testing Knowledge of Local and International Laws: The role of legal counsel requires a thorough understanding of the laws governing the company’s operations, so ask the candidate about their knowledge of local laws or any laws relevant to your industry. If your company operates internationally, test their knowledge of international laws and regulations that may impact the company’s operations. It is important to ensure that the candidate has the ability to handle complex legal challenges in a multinational legal environment.
• Ensuring Commitment to Professional Ethics: Ask the candidate how they handle difficult legal situations that require balancing client interests with compliance with laws and ethics. You can also explore past situations where they faced pressure or conflicts of interest to assess their commitment to the highest standards of ethical conduct and their ability to make sound ethical decisions under pressure.
• Focus on communication skills: You can test the candidate’s communication skills by discussing complex legal issues with them and observing how clearly they explain matters. Ensure they have the ability to convey legal information clearly and accurately to non-experts, as this will be crucial when advising employees or clients.
• Review conflict resolution skills: Ask the legal counsel for past examples where they had to intervene in a dispute between different parties and how they managed the situation to reach a solution satisfactory to all parties. Evaluating how they handle these situations gives you an idea of their ability to maintain relationships with the disputing parties and protect the company’s interests.

In conclusion, this comprehensive guide makes it clear that the role of legal advisor in Saudi Arabia has become more important than ever. With ongoing changes in local legislation and major economic reforms taking place under Vision 2030, legal advisors must stay abreast of legal developments and possess the skills necessary to protect the company’s interests in a complex legal environment. Therefore, understanding the core responsibilities, required qualifications, and the personal and technical skills that a legal advisor must possess enhances the ability of human resources managers and business owners to select the right legal advisor.