The lawyer in Industry 4.0

HLB EL Salvador

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Teaching about digital, technological or computer law, as it is called in different latitudes, in the 90s was something that was expected to come, but it was not taught in law schools. However, today, law schools have seen the need to teach more about it, and are worrying to show the world about this not new legal branch, if not a necessary subject in the legal science student’s portfolio.

But what about the lawyer who is not millennial, much less centennials ?, or does not belong to any generation, which is not yet born. We are terrified to think how to face the changes? How should we face our role? To do this, I must begin by saying that the Fourth Industrial Revolution, or Industry 4.0, as it is also called, is putting us face to face with all the sciences and in itself with the whole world, and legal sciences were not going to be the exception, since it is in constant transformation. Advocacy does not escape it, we must evolve and adapt to new realities; with the dynamics that this new stage entails in which our lives pass and the daily work of those who profess this career.

That is why the legal coroner cannot live behind the backs of technology, because it has been shaping a new modality of relations between citizens, companies and institutions through the evolution of recent times. And who plays a more than important role in this technological revolution is the innovation that has allowed this evolution to continue without problems. New technologies have helped professionals to challenge the limits of time and space to meet the needs of the sector.

The lawyer begins his training with a saying: “Lawyer who does not study, is every day less lawyer.” Eduardo Couture, author of the well-known “Decalogue of the lawyer”, was not wrong to say so. Therefore, it is appropriate to say that the lawyer who does not apply science becomes less and less a lawyer. We are obliged to continue studying throughout life, so as not to get stuck and be agents of change.

Law adaptable to the future

The role of the legal coroner was not going to stop either. Faced with the 4th Industrial Revolution that beset us, the lawyer must be prepared to understand that if the law does not adapt to the future, the future can eat it. In the past, as in the present, we live surrounded by legal situations, and in the future, although we do not know, they will continue to exist. In this new era, the Law cannot wait for modifications from now on, in all areas.

The lawyer of the present has to know how to apply a digital contract or face the “know how” of the internet of things. It must, therefore, know about the successive tract in computer matters, how the consumer reacts to a mass act through electronic commerce, react to a computer crime, as well as apply Habeas Data. The lawyer must prepare to learn about the Block Chain and change its traditional way of working to programs that allow it to handle information at the distance of a click.

Our role and attitude towards the digital age is decisive, we must be very attentive when understanding legal informatics to take the necessary measures and gradually leave the paper culture. Everything is as we say, a matter of order. I am excited to think that the “digital lawyer”, as many authors call the lawyer of the future, can come to present his customary allegations in front of an online court. In fact, El Salvador is already making and modifying laws to adapt them to the computer world.

Teaching about digital, technological or computer law, as it is called in different latitudes, in the 90s was something that was expected to come, but it was not taught in law schools. However, today, law schools have seen the need to teach more about it, and are worrying to show the world about this not new legal branch, if not a necessary subject in the legal science student’s portfolio.

But what about the lawyer who is not millennial, much less centennials ?, or does not belong to any generation, which is not yet born. We are terrified to think how to face the changes? How should we face our role? To do this, I must begin by saying that the Fourth Industrial Revolution, or Industry 4.0, as it is also called, is putting us face to face with all the sciences and in itself with the whole world, and legal sciences were not going to be the exception, since it is in constant transformation. Advocacy does not escape it, we must evolve and adapt to new realities; with the dynamics that this new stage entails in which our lives pass and the daily work of those who profess this career.

That is why the legal coroner cannot live behind the backs of technology, because it has been shaping a new modality of relations between citizens, companies and institutions through the evolution of recent times. And who plays a more than important role in this technological revolution is the innovation that has allowed this evolution to continue without problems. New technologies have helped professionals to challenge the limits of time and space to meet the needs of the sector.

The lawyer begins his training with a saying: “Lawyer who does not study, is every day less lawyer.” Eduardo Couture, author of the well-known “Decalogue of the lawyer”, was not wrong to say so. Therefore, it is appropriate to say that the lawyer who does not apply science becomes less and less a lawyer. We are obliged to continue studying throughout life, so as not to get stuck and be agents of change.

Law adaptable to the future

The role of the legal coroner was not going to stop either. Faced with the 4th Industrial Revolution that beset us, the lawyer must be prepared to understand that if the law does not adapt to the future, the future can eat it. In the past, as in the present, we live surrounded by legal situations, and in the future, although we do not know, they will continue to exist. In this new era, the Law cannot wait for modifications from now on, in all areas.

The lawyer of the present has to know how to apply a digital contract or face the “know how” of the internet of things. It must, therefore, know about the successive tract in computer matters, how the consumer reacts to a mass act through electronic commerce, react to a computer crime, as well as apply Habeas Data. The lawyer must prepare to learn about the Block Chain and change its traditional way of working to programs that allow it to handle information at the distance of a click.

Our role and attitude towards the digital age is decisive, we must be very attentive when understanding legal informatics to take the necessary measures and gradually leave the paper culture. Everything is as we say, a matter of order. I am excited to think that the “digital lawyer”, as many authors call the lawyer of the future, can come to present his customary allegations in front of an online court. In fact, El Salvador is already making and modifying laws to adapt them to the computer world.

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Forensic audit in fraud prevention

HLB EL Salvador

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When there are times of recession in the economies, globally, that ends up affecting companies. Difficult situations such as unemployment, high levels of indebtedness, low salaries, an environment of corruption or situations of economic crisis in general, are conducive for some people to choose to obtain economic benefits through illicit acts, leaving aside moral, ethical and ethical values. professionals to achieve them.

Different forms of fraud constitute a phenomenon that affects companies of any nature or size, whether public or private. It causes heavy economic losses, which can cause serious financial and labor problems. Therefore, it is of great importance to identify those areas of the company that are most susceptible to this type of fraud, and place the appropriate keys or internal control systems that allow them to minimize and prevent these events from occurring.

The forensic audit arises from the need of entities for specialized investigation and detection of crimes inside, in addition to serving as control and prevention. Even in judicial proceedings, it allows judges to have more auxiliary elements that help their judgment to impart justice, as it provides a clearer picture of the facts. Although conducting a forensic audit may seem in the eyes of businessmen as “one more expense out of pocket”, if we see it from a preventive point of view it can bring many more benefits and savings, if applied to the areas of greatest risk.

As a preventive tool

Although many see the forensic audit as a work to prevent and study acts of corruption, since most of the results are directed to the courts of justice (especially criminal), it should be noted that the forensic audit can be oriented to the investigation of malicious acts at the financial level of a company, the government or any organization that manages resources.

However, forensic auditing is much more comprehensive and useful as a specialized tool to detect and prevent financial crimes, such as fraud, corruption, money laundering, among others. The forensic audit, as a preventive tool, helps to recognize the areas that are most at risk of suffering some type of property crime, because although there are internal controls, these can be violated by the members of the organization (human factor), who take advantage and take advantage of the weaknesses and weaknesses of such controls.

It is necessary to be periodically evaluating the intervention of the human factor in the established procedures and controls, to combat the new fraud mechanisms within the entity. It is also convenient to establish a code of conduct among internal collaborators to strengthen the identity and philosophy of the company, and create a moral commitment. The preventive forensic audit also provides advice so that the same institution can detect and face some type of non-lawful act. For this, the implementation and strengthening of internal operational, administrative, fiscal and accounting controls in all organizations is necessary.

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