Legal Ethics: Legal Services and the Internet
Legal Services and the Internet
Introduction:
Legal services are a general and wide term that refers to the services rendered by attorneys. There are various categories of legal services some of which are criminal legal services, commercial legal services, among others. Globalization, diversification of laws as well as changes in technology and dynamics of the society have all contributed to the changes in legal services in various fields. Research indicates that laws govern all aspects of life and hence the need for legal services to help interpret the laws to the public. There have been various debates on the differences between the legal services of different countries. Saudi Arabia, for instance, has an elaborate legal system that incorporates various fields including marital affairs commercial laws, as well as criminal laws (Alqahtani et al, 2018). The nature of the laws and the needs of different legal services vary from country to country. The internet is a direct innovation of information technology advances. Globalization has been made possible through the inventions of the internet which has led to a faster way of sharing information from any point to the other in the globe. The legal services and the Internet have different implications in different parts of the world. This paper will analyze the similarities and the differences between the legal system and the internet between Saudi Arabia and the United States.
Legal services in Saudi Arabia and the United States:
The legal system in Saudi Arabia is based on the sharia and the traditions of the prophet Mohammad. The Sharia was drawn directly from the scholarly consensus most of which were formulated after the death of Mohammad the prophet. The judges in Saudi Arabia interpret the sharia laws based on the influences of the Wahabism of the 18th century. As mentioned the adoption of sharia in Saudi Arabia has been uncodified, and without precedent, the laws of the country have led to considerable uncertainty especially in the legal system of the country (Alqahtani et al, 2018). There have been recent changes in the legal system ever since 2010 after the institution of precedence in the legal system. The legal system in the United States is somewhat different. The laws of the country had a different basis, some of which are biblical teachings in accordance of the Christian laws, while other laws were based on the culture of the American people as well as the tradition they hold. Other sources of laws in the United States include the constitution of the country, which has provisions for the rights, and freedoms of the people alongside the laws that govern the country in all aspects
Criminal laws services:
These are legal services rendered to the criminal defended in a case. The criminal law and legal services in this sector are somewhat similar to that of the United States. In both countries, a defendant is represented by criminal laws in the court proceeding. The duties of the criminal attorney are to ensure that the defendant gets the representation n they need as well as upholding of their rights in the criminal prosecution process (Alshahrani, 2017). The same is the case in the United States. The criminal lawyers represent the defendant by ensuring their rights are protected during their trial. The attorney also gives legal advice to the criminals based on the evidence available. In most cases, the attorneys represent the clients by enabling them to prove to the court their innocence. Although there are disparities in the court proceedings of the two countries, the legal services offered b the attorney are similar as they are all directed towards providing the defendant with an opportunity to stand trial in a fair and just manner as well as in accordance to the law. There are various rights that are accorded to criminal suspects in Saudi Arabia, some of which are “Law of Procedure before Sharia Courts of September 2001,” this law has a provision that grants the defendant a right to legal representations (Alqahtani et al, 2018). The attorney, in this case, has the duty to notify the defendant of all the rights they are accorded by the law as well as the procedure for the criminal trial proceeding. The same is the case in the United States except for the bases of the laws are different as the laws in Saudi Arabia are based on Islamic culture and the Quran.
Commercial legal services:
Commercial legal services fall under the obligation of corporate lawyers who are offer services regarding businesses, and intellectual properties. Commercial laws are diverse in any country as they take into account small and medium-sized businesses, start-ups, companies as well as international relations in terms of businesses. There are numerous common legal issues that arise in any businesses some of which are, protections of assets either personal or corporate, protections of businesses against discriminations,., lawsuits against the business, intellectual property rights, copyright laws among others. In Saudi Arabia, commercial laws are elaborate and cover various aspects of the business. The “Foreign Investment Act of 2000” for instance was a law established to govern international relations between businesses in Saudi Arabia and their markets abroad (Medallah, 2015). The United States foreign relations are also governed by laws formulated and passed b Congress (Faulconbridge & Muzio, 2016). The similarities between these commercial laws of both countries are that they favor business environments in the international scene that directly benefit their county. International laws, therefore, need to be represented by international law firms that have prior knowledge of the foreign policies of different countries and the laws that govern these policies. In the national aspects of legal services, corporate law firms provide services that ensure all the companies or businesses they represent are protected from lawsuits, as well as the provision of legal advises in cases where the companies or business want to venture in other areas. Provisions of license, as well as copyright laws, are also some of the basic legal services provided in both Saudi Arabia and the United States.
Family laws:
Family law courts handle family disputes including wealth distribution, divorces as well as other family issues in the United States under the provision of the “Family Law Act”. In both the United States and Saudi Arabia there are attorneys who specialize in family laws (Medallah, 2015). In the United States, attorneys represent family members many forms of disputes including children custody, division of wealth in divorces as well as inheritance of family properties. The legal services, in this case, include representation of the family members as well as the provision of legal advice on all matters affecting the family or family members. In Saudi Arabia, the legal services in family laws are however different from those of the United States. The duties of the attorneys are similar; however, the difference lies in the representations as well as the interpretation of the family laws. The laws in Saudi Arabia tent to favor the man, which is part of their culture, in which women are viewed as subordinates to men. For instance, there are laws that prohibit women from riding bicycles or driving on public roads. It also prohibits women from socializing with men who are not their relatives. There are however no laws in Saudi Arabia that protects families. The interpretation of these laws is therefore quite different from that in the United States that emphasize equality in terms of gender (Faulconbridge & Muzio, 2016). Some of the most common disputes that require legal services are the division of wealth among the family especially in cases where the owner is dead and has left behind numerous family members who want to claim the properties. In such cases the attorney provides the options to the family members are representing them in their pursuit of the wealth.
Legal law suites:
Legal lawsuits are legal preceding by a party against another n a civil court. There are two categories of parties in legal lawsuits, the plaintiff, who is the person who claims to have incurred losses or damages, and the defendant who is accused of the damages or losses (Faulconbridge & Muzio, 2016). Civil lawsuits are settled in civil laws and the parties’ involved have the right to have representation by attorneys. Most companies and businesses have attorneys who represent them in all their dealings and hence come in handy in cases of lawsuits. The plait, on the other hand, can either be represented by lawyers or they can represent themselves depending on their financial capabilities. Despite these similarities which are evident in both the Legal system of the United States and Saudi Arabia, there are differences in the legal services most of which arise due to the differences in the laws. As mentioned, the legal system in Saudi Arabia is based on Sharia laws which are in turn based on the Quran and the traditions of the people (Alqahtani et al, 2018). The interpretation of such laws by legal practitioners is therefore different in the two countries.
Generally, legal lawsuits are complains logged by people or groups of people who have been affected either directly or indirectly by the actions or services of other people or entities. Most legal lawsuits are filed against businesses, or individuals for damages done. Some of the basic examples of legal laws suits are those filed by employees due to poor working conditions that he led to injuries or negligence of companies that led to injuries or psychological harm to a person or groups of people. There are different firms that specialize in suing people or companies whenever they cause harm to other groups of people. The
The Internet:
The invention of the Internet was one of the greatest breakthroughs in communication technology. The capabilities of the Internet involved communication over long distances, sharing of information and documents as well as storage of data (Haddon & Mante-Meijer, 2016). Over the years, the use of the intent has intensified with further innovations in social media sites that help connect people from different parts of the world through different platforms. Apart from the interconnectedness of the current generation through the Internet, it has also been the main source of information for both academics and personal knowledge. The Internet is filled with a vast amount of information from different parts of the world that is reliable in studies as well as personal development. The Internet users in the United States have increased over the years with the climax being the current generation (Haddon & Mante-Meijer, 2016). All the devices from phones table’s laptops to personal computers are connected to the Internet and can be accessed with anyone and everyone. The same is the case in Saudi Arabia.
Communication technology has enabled the people in Saudi Arabia to have access to information from different parts of the world in terms of both academics and culture. The Internet’s users in Saudi Arabia have also increased over the past few years to reach approximately 25 million people are Internet users. The similarities between the United States and Saudi Arabia in terms of Internet users are access to it. In both countries, there has been a steady increase in the number of Internet user, which has led to further enlightenment of the populations. In the United States, the Internet has been the most important source of information that has been relied on by students and the youths in general, alongside the entire population. Some of the sites that are most commonly used by the public are social media sites such as Facebook, twitter, and applications such as telegram and WhatsApp, most of which can be used for more than just socialization. Social media has been used in recent times as a marketing tool.
Legal services are also rendered through the internet. There are numerous legal firms that specialize in offering legal advice over the Internet to its users. Globalization and the Internet have led to the demand for online services, which has led to the diversification of legal firms on legal services. The competitive and dynamic nature that has been propagated by the Internet has led to the demand for more elaborate ways of reaching clients. Both the United States and Saudi Arabia have online legal services courtesy of technological advances and the inventions of the internet (Alqahtani, 2017).
The difference between the uses of the Internet in Saudi Arabia and the United States is the freedom attached to the use of the Internet. In the United States, for instance, the use of the Internet is allowed at any age or stage. All the sites available are also accessible to the public with no restrictions of any kind. The freedom to access the Internet is only limited by the parents to their children depending on the sites they want to prohibit their children from viewing such as pornographic sites. In Saudi Arabia however, restrictions have been placed on the use of the internet (Al-Imam et al, 2017). There are numerous sites which the public is not allowed to access o, for instance, YouTube channels are monitored thereby prohibiting some posts from being viewed by the public due to the risk of eroding the cultures of the people of Saudi Arabia.
The Government of Saudi Arabia also monitors social media sites in the country. The internet usage is monitored to ensure minimal outside influence as well as the fear of activists taking advantage of such platforms. Saudi Arabia is an Islamic state governed by Islamic laws most of which are traditional and primitive. Some of the people tend to rise against such laws and government. However, there have been minimal channels used to exercise activists such as c activities in the country. This has led to an increase in the usage of the Internet as an alternative source (Fogas & Verba, 2016). Whatsapp and Skype have been one of the most commonly used platforms, hence the increased scrutiny by the government on such platforms. The government concern is that as the people get enlighten through the internet especially socialization with people from other countries, they risk the chances of rebellion from their traditional cultures which are viewed by the modern age as both outdated and primitive.
Conclusion:
It can, therefore, be deduced that there are both similarities and differences in the legal services offered in the United States and Saudi Arabia. The disparities between the legal services in the two countries are significant. The law in Saudi Arabia is based on the Islamic sharia and the teachings of the Quran; hence the implementation of the law is highly influenced by Islam. In the United States, the basis of the law is the constitution as well as the Christian religion based on the teaching of the Bible. Family laws are also different hence the difference in the legal services in the sector. While the United States equality is the basis of family laws, there are no such laws in Saudi Arabia. Most of the similarities lie in the commercial laws which are mostly governed by international laws. The legal lawsuits and criminal defense legal service also have similarities between the two countries. In both the United States and Saudi Arabia, the defendants have a right to be represented by an attorney whose duty is to ensure that the legal proceedings are done with the law.
References:
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