Entrepreneurs and foreign citizens who travel to Saudi Arabia need support in various matters. For instance, those who to relocating to this country will require assistance in understanding the requirements of moving here. On the other hand, some people might look for assistance on how to start a company in Saudi Arabia. Consequently, the help of law firms in Saudi Arabia can be to succeed. Fortunately, there are several law firms in Saudi Arabia, most of them prepared to offer specialized support to international clients.
In this article, you will learn everything you need to know about lawyers & Law in Saudi Arabia (KSA). Let us see:
1. What is a lawyer in Saudi Arabia?
It is a professional legally authorized to exercise or practice law. The lawyer’s profession consists of applying abstract legal theories to specific cases. This way, preparing and directing the technical-legal defense of his client in all kinds of judicial processes and administrative procedures. In a more generic sense, it is a professional trained to advise and give advice on legal matters.
In general, in most countries, university studies in law are required and they require membership in a bar association or State authorization to practice the profession. As a result, lawyers are professionals with knowledge in various areas of legislation (civil, criminal, labor, commercial, administrative, and tax, among others). In addition, their training involves knowledge of history, philosophy, culture, literature, oratory, economics, sociology, anthropology, forensic sciences, logic, psychology, and politics.
Lawyers provide legal services and often hold high political or civil service positions. They can be oriented towards a private profile, as an advisor and representative of natural or legal persons. In some cases, they have a public profile, linked to the government and public administration.
1.1 Terminology
We can define the term lawyer generically as; “a person with a degree by the legislation of each country, who practices Law, in the assistance of third parties”. Therefore, it is an active and indispensable collaborator in the administration of justice in a country.
1.2 Responsibilities
In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and notaries. That term refers to only one type of general-purpose legal service provider .
Indeed, their legal professions consist of a large number of different types of people trained in law. Indeed, they are jurists, some of whom are lawyers licensed to practice in court. It is laborious to formulate precise generalizations that cover all countries with multiple legal professions. Moreover, each country has traditionally had its peculiar method of dividing legal work among all its types of legal professionals.
An attorney can perform various functions. Consequently, lawyers provide clients with an informed understanding of their legal rights of the clients and explain their practical impressions.
Likewise, in all professional roles, a lawyer in Saudi Arabia must be competent, prompt, and diligent. On the other hand, an attorney must maintain communication with a client about representation. An attorney must keep information related to a client’s representation confidential, except to the extent disclosure is required or permitted by the Rules of Professional Conduct or other law.
2. What are some of the types of lawyers you can find in Saudi Arabia?
Lawyers have the opportunity to specialize in the different branches of law to provide a specific service depending on the needs of each client in law firms in Saudi Arabia:
2.1 Civil lawyers
They are the ones who manage everything stipulated within the Civil Code, working with both natural and legal persons. They resolve the different controversies of interests that may arise. It should be noted that civil lawyers may have different specializations considering the breadth of this branch of law.
2.2 Specialist family lawyers
As mentioned, a civil lawyer can specialize specifically in family issues to handle disputes that may arise in family relationships. For instance food issues, divorces, or child custody. Family Law is that branch of Law that deals with aspects related to the laws and other legal documents that govern family relationships.
2.3 Mercantilist lawyers
In addition, the Civil Code governs these lawyers and handles everything related to commercial laws, that is, relations between companies or businesspersons and merchants. Likewise, to seek compliance with the contracts made with the will and consent of the parties. Indeed, they are legal professionals specializing in commercial and legal activities, as well as legal advice. The commercial lawyer watches over the commercial laws of a country.
This professional can specialize in several fields, but the main ones are:
- Professional law: which seeks the resolution of conflicts between merchants and businessmen.
- Individualistic law: control between employers and companies.
- Customary law: trader traditions and customs
- Progressive law: monitors and updates the evolution and improvement of economic and social conditions within a society, and the impact caused by commercial activities.
- Global law: focuses mainly on international trade.
2.4 Administrative lawyers
The administrative lawyer ensures compliance with the different administrative resolutions, regulating the relationship between the companies and the state. Consequently, they perform their functions in the public sector.
These types of lawyers can help you challenge the cadastral value of a property, public and administrative contracts. Additionally, they can help in the postponement and installment of debts and personal claims to the service provided by the Administration.
In addition to advising, specialists in administrative law help carry out all kinds of procedures. For example, they help manage everything that is needed to obtain the various classes of public licenses. Both for individuals, companies, and private organizations.
Another conflict that a lawyer specializing in administrative law can help resolve is related to the processing of appeals. These may be against files and sanctioning procedures, so the preparation of an assessment report will be necessary.
2.5 Labor lawyers
Lawyers in Saudi Arabia specializing in Labor Law seek the protection of the rights of people within their jobs, thus resolving disputes between workers and their contractors, which can be a private company or the public administration.
Therefore, the labor lawyer’s main mission is to advise and technically defend a worker in litigation they have with their company.
Specifically, the functions they perform to meet this objective are the following:
- Advice you on labor law, both individual and collective.
- It can help you in matters related to social security: disabilities, retirement, pensions…
- Represent individuals in legal proceedings in labor matters.
- They advise you on everything related to employment contracts.
2.6 Corporate lawyers
These types of Saudi lawyers carry out legal advice that revolves around companies. Hence, they participate in the entire process, from the creation of the company to its legal development to establishing it. This way, in compliance with all legal requirements in case there is any controversy.
This is a branch of the commercial law specialty that focuses on the social entrepreneur. In other words, society is seen as an object of business traffic. A lawyer specializing in this branch is responsible for advising legal persons. This advice includes labor support in the incorporation of companies, and reduction of share capital. Plus, shareholdings or quotas, analysis of legal issues related to the transferability of shares.
In general, a lawyer in Saudi Arabia is responsible for advising the administration or other governing bodies of companies. In addition, it participates in the negotiation between partners, social transformations, business restructuring (both nationally and internationally), and the negotiation of clauses, among other actions.
As a result, thanks to corporate law, they increase the investments in the market are increased, which is where supply and demand are located. Corporate law makes the market more agile. In this way, creating new companies allows to open up new opportunities in the field.
2.7 Criminal lawyer
They work with the different stipulated crimes. In case the jurist defends the victim, he or she will be in charge of presenting the respective complaint and participating in the process to defend her so that a fair sentence is reached according to the crime.
Additionally, to the different types of law, you must take into account that these professionals can work both in the public sphere (for which it will be necessary to pass an opposition) and in the private sphere. In the case of those who choose to be lawyers, both independently and in a law firm, they can request registration in the ex officio shift when they have worked for a minimum of three years.
To sum up, a criminal lawyer will be able to advise their clients to initiate criminal proceedings against an individual, company, or public body after the commission of a crime. On the other hand, they can help define the defense strategy if a police force summons a citizen involved in a criminal proceeding.
3. How to choose the perfect lawyer for your project?
If you are starting a new trading company, be it small, medium, or large, it is better to have a person who specialized in the subject. To do this, they must choose the best lawyers in Riyadh, Saudi Arabia who may be specialized in one or more of the following functions:
- Advice on what to do with a business and how not to lose control over it by following the legal framework.
- Support clients in the procedures and in the delivery of documents that must be followed (for example contracts, drafting legal documents, etc.).
- Negotiate and draft financing contracts, purchase, and sale, lease, asset management, confidentiality agreements, etc.
- Constitution of Commercial Companies and restructuring of companies (splits, mergers, and acquisitions).
- Advice on insolvency proceedings and debt refinancing.
- Advice to the boards of directors of companies and preparation of shareholders’ meetings.
- Corporate operations: agreements between partners, capital increases, or reductions.
- Defense in legal proceedings: compensation, damages.
- Supervision of commercial contracts, both national and international.
Hiring one of these professionals is something to keep in mind, as they can always advise or help you with your business. The best thing is to find the lawyer in Saudi Arabia that best suits the situation in which you find yourself.
3.1 Requirements
- Demonstrable and comparable experience in a law firm.
- Demonstrable knowledge in corporate law (contract law, tax law, accounting, securities law, bankruptcy, intellectual property rights, licenses, planning legislation).
- Excellent communication and negotiation skills.
- Administrative and managerial skills.
- Analytical ability and great attention to detail.
- Computer skills.
- Current license to practice law.
- Law degree.
The role played by the corporate lawyer in Saudi Arabia within the life cycle of companies is increasingly relevant. Therefore, with the numerous increase in the registration of SMEs with high growth potential. Additionally, it includes scalability, and greater participation of lawyers specialized in the required business area.
4. How can we help you get more information about lawyers in Saudi Arabia?
Dealing with the laws of another different country can be quite complicated and stressful. Nevertheless, on Company Formation Saudi, we have many specialist lawyers who can help you and advise you to set up your company in compliance with the law. As a result, you do not have to go through tedious processes to achieve your goals and dreams in Saudi Arabia. Additionally, you can count on an array of services on our platform such as:
- Virtual office service.
- Payroll service.
- Branch service.
- Accountant service.
- Immigration process.
- Visa services.
Our team is ready to provide you with all you need for your business. In case you need to speak to one of our experienced Saudi lawyers, contact us at contact@companyformationsaudi.com.