.
26/3/2001
Law practice
Law
26/3/2001
Valid
In this Law, the term law practice shall mean representing third parties before courts of law, the Board of Grievances, and other committees which may be set up pursuant to laws, orders, and decisions to consider cases falling within their respective jurisdictions. It shall also mean rendering consultancy services based on the principles of Sharia and the rule of law. Whoever practices this profession shall be called a lawyer. Any person shall be entitled to legally represent himself.
The Ministry of Justice shall prepare a general list of the names of practicing lawyers and another list of non-practicing lawyers, as of the time of registration. The two lists shall include the particulars specified by the implementing regulations of this Code. The Ministry of Justice shall transfer the names of lawyers who cease to practice the profession for a period exceeding one year from the list of practicing lawyers to the list of non-practicing lawyers subject to the restrictions stated in the implementing regulations of this Code.
A person who practices law shall have his name included in the list of practicing lawyers, after satisfying the following requirements:
a) He must be a Saudi national. Non-Saudis may practice law subject to the terms of agreements concluded between the Kingdom and other countries.
b) He must hold a bachelor’s degree in Islamic law (Sharia), a bachelor’s degree in Law from one of the Kingdom’s universities, or the equivalent of either of them, or a diploma from the Institute of Public Administration in law and the duration of the accredited diploma shall not be less than two years after obtaining a university degree.
c) He must have an experience in the nature of work for at least two years. The holder of a doctorate degree in the field of specialization is exempted from this period. This period is reduced to:
1- One year for the holder of a master’s degree in Islamic law (Sharia), or in Law, or the equivalent of either of them, and the holder of a diploma from the Institute of Public Administration in law if the duration of his accredited study is two years.
2- Six months for the holder of a diploma from the Institute of Public Administration in the field of law if the duration of the accredited study is three years.
3- Each year of training in the legally accredited programs – determined by the Minister of Justice in coordination with the Saudi Bar Association and the Education and Training Evaluation Authority – shall be equivalent to one of the required years of experience if the trainee completes the requirements of the program.
d) He must be of good conduct and not under interdiction.
e) He must not have been sentenced to any hadd (Qur’anic prescribed punishment) or any other sentence in connection with a crime that impugns integrity, except where a minimum period of five years has elapsed since the execution of said sentence.
f) He must be a resident of the Kingdom.
The Minister of Justice shall prepare a declaration form to be signed by the applicant wherein he confirms that the requirements stated in paragraphs (d), (e), and (f) of this Article have been satisfied.
The provisions of paragraphs (b) and (c) of Article 3 shall not apply to applicants
The application for registration shall be submitted to the Lawyers Registration and Admission Committee using the form specified in the implementing regulations of this Code. The Committee shall be formed as follows:
| 1. A representative from the Ministry of Justice to be appointed by the Minister of Justice | chairman.
|
| 2. A representative from the Board of Grievances whose rank shall not be lower than the rank of a Chief of a Court of class A, to be appointed by the Chairman of the Board of Grievances | member. |
| 3. A lawyer who has been practicing law for a minimum of five years, to be appointed by the Minister of Justice, | member |
The competent authority shall name a substitute in case of the absence of a member of this committee. The term of membership of this committee shall be three years renewable for another term.
The Committee provided for in Article 5 shall meet with all members present, and its decisions shall be adopted by majority vote. The Committee shall ensure that the provisions stated herein have been met, and shall decide on any application, if complete, within a period not exceeding 30 days from the date of filing. In case of rejection of any application, the reasons for such rejection must be stated if so requested. An aggrieved applicant may file an appeal with the Board of Grievances within 60 days from the date on which he is notified of the decision adopted by the Committee.
Following registration on the list, a license to practice law shall be granted pursuant to a decision by the Minister of Justice, in accordance with a form specified in the implementing regulations of this Code. This license shall be valid for a period of five years and may be renewed in accordance with the conditions provided for herein. The applicant shall pay a fee of 2,000 riyals for the issuance of a license, and 1,000 riyals for renewal.
The Ministry of Justice shall notify the courts, the the Board of Grievances and the committees referred to in Article (1) of this Law of the names of lawyers who are registered in the list of practicing lawyers immediately upon issuance or renewal of the license. A statement of the names and addresses of practicing lawyers shall be prepared at the premises of the Court and the Board of Grievances and shall be accessible to those who wish to see it.
A lawyer who ceases to practice the profession for a period exceeding one year shall notify the Ministry of Justice in a form to be specified in the implementing regulations of this Code.
A professional partnership for practicing law may be formed by two or more of the lawyers whose names are registered in the list subject to the provisions of the Law of Professional Companies.
A lawyer shall practice the profession in accordance with Sharia and applicable laws. He shall refrain from any act that compromises the dignity of the profession and shall comply with relevant rules and instructions.
A lawyer shall not refer to personal matters concerning his client’s adversary or lawyer, and shall refrain from any offensive language or accusation, which may have a negative impact on integrity.
Subject to Article 12, a lawyer may choose any strategy he deems appropriate to defend the interests of his client and, in so doing, shall not be questioned in connection with the content of his written or oral arguments.
1. A lawyer shall not accept any case or render any advice either personally, or through another lawyer, against his present or former employer except after the expiry of a minimum period of five years from the date of termination of his relation with that employer.
2. A lawyer who acts for a client on a part-time basis pursuant to a contract shall not accept any case or render any advice against that client before the expiry of three years following termination of that contract.
A lawyer shall not agree to represent either personally, or through another lawyer, an adversary of his client or otherwise provide him with any assistance, even in the form of an opinion, in connection with a case that he has previously handled or in connection with any other related matter even after the expiry of his power of attorney.
Anyone who has been a judge prior to practicing law shall not accept either personally, or through another lawyer, any case that has previously come before him.
Anyone who has previously provided an opinion in connection with a certain case, whether as an employee, arbitrator, or expert, shall not accept that case.
The lawyers whose names are registered on the list of practicing lawyers shall be exclusively entitled to litigate on behalf of third parties before courts of law, the Board of Grievances, or the committees referred to in Article 1 herein. By way of exception, third parties may be represented by the following:
a) Husbands, in-laws, or any next-of-kin up to the fourth degree.
b) A legal representative of a corporate person.
c) Trustees, guardians, and administrators of endowments in connection with their trusteeship, guardianship, and administration cases.
d) e) An administrator of the public treasury with respect to matters within his jurisdiction, pursuant to the law and regulations.
Courts of law, the Board of Grievances, the committees referred to in Article 1 hereof, government agencies, and investigation authorities shall facilitate the lawyer’s discharge of his assignment, and shall enable him to attend any interrogations and review any relevant documents. His requests shall not be denied except for a valid reason.
A lawyer or attorney-in-fact shall present the original deed of his power of attorney or a certified copy thereof to the court, the Board of Grievances, or the committees referred to in Article 1 hereof. These documents shall be presented during the first hearing of the case. Should the principal attend any hearing with his lawyer, the clerk, or whoever is so acting, shall record the same in the proper minutes, and this entry shall constitute a power of attorney. If the lawyer is in possession of a duly certified general power of attorney entitling him to represent one of the litigants, he shall be relieved from filing the original deed and providing a certified copy thereof shall suffice, or he may present the original deed and a copy thereof, and the judge shall verify that copy against the original deed.
Each lawyer shall have one or more places of business for handling the cases entrusted to his care and shall notify the Ministry of Justice of the address of his place of business and of any changes thereto.
Upon expiration of a power of attorney, the lawyer in charge of the case shall return to his principal, on demand, the deed of power of attorney and the original documentation. However, if his fees have not been paid, he shall be entitled to make copies, at the expense of his principal, of all supporting documents, and shall retain the original papers and documents until the principal has paid the fees due and the cost of making copies thereof. A lawyer is not under any obligation to deliver to his principal the drafts of the documents he has filed with the court or any letters addressed to him. However, he must, on demand, provide his principal, at his principal’s expense, with copies of these documents.
A lawyer shall not disclose any confidential information which has been communicated to him or of which he has become aware in the course of practicing his profession even after the expiration of his power of attorney, unless such non-disclosure constitutes a violation of a Sharia requirement. Similarly, he shall not withdraw from representing his client before the case has been concluded, without a legitimate reason.
A claim filed by a principal against his lawyer in connection with the documents deposited with that lawyer shall not be heard after the expiry of a period of five years from the date on which that lawyer completed his assignment, except where such documents have been claimed by registered mail, with an acknowledgement of receipt, prior to expiry of that period, in which case calculation of that period shall commence from the date of receipt of that mail.
A lawyer shall not be entitled to purchase any or all of the disputed rights in respect of which he was the appointed representative.
The lawyer’s fees and method of payment shall be determined by agreement with his client. If there is no such agreement, or if the agreement is disputed or void, such fees shall be assessed by the court adjudicating the case, pursuant to a request by either the lawyer or the client, consistent with the effort exerted by the lawyer and the benefit obtained by the client. This rule shall also apply to any subsidiary claim ensuing from the original case.
A client shall be entitled to dismiss his lawyer; however, he shall pay all agreed upon fees if it is established that such dismissal was without valid cause, except where the competent court decides otherwise with respect to such dismissal or to the full payment of the fees.
In case of a lawyer’s death, and if the deceased lawyer’s heirs and the client fail to agree on the fees, the competent court shall assess such fees consistent with the effort exerted by the deceased lawyer, the benefit obtained by the client, the stage of the proceedings, and the concluded agreement.
1- The name of the licensed lawyer shall be removed from the list and his license revoked in case he is sentenced to a punishment in connection with a crime that impugns integrity.
2- The licensed foreign law firm shall be removed from the list of foreign law firms and its license revoked in case one of the partners of the law firm residing in the Kingdom, its director or one of its employees is sentenced to a a punishment in connection with a crime that impugns integrity if it is proven that the crime was committed to the interest of the office and with its knowledge.
3- Without prejudice to a claim for compensation by any aggrieved party or to any other claim, any licensed to practice the law profession who violates the provisions of this Law or its implementing regulations, commits a breach of his professional duties, or performs any act that is incompatible with professional standards shall be subject to one (or more) of the following penalties:
a) Warning.
b) Suspension of practice the law profession for a period not exceeding (three) years.
c) Striking his name off and revoking his license.
d) A fine not exceeding (three hundred) thousand riyals for each violation.
The Minister of Justice shall issue rules and procedures for the disciplining and filing of disciplinary proceedings and its consideration in proportion to their nature
The Minister of Justice shall form, pursuant to a resolution, one or more committees to consider the imposition of the disciplinary penalties provided for in Article 29 hereof. This committee shall be called “the Disciplinary Committee”, and it shall consist of a judge and two experts, one of whom is to be selected from the class of lawyers who have been practicing the profession for a minimum period of 10 years. The Minister of Justice shall appoint one of the members to act as Chairman. Membership of this Committee shall be for a term of three years and shall be renewable for a similar period.
Committee meetings shall be attended by all members and its decisions shall be taken by majority vote. These decisions shall be appealable to the Board of Grievances within 60 days from the date of notifying the lawyer concerned of the penalties imposed on him.
The lawyer shall be summoned to appear before the Disciplinary Committee. This summons shall give a short account of the violation of which he is charged and the evidence thereof, at least 15 days prior to the date set for the hearing. The lawyer may appear in person or be represented by another lawyer. The Disciplinary Committee may require his personal appearance, and if he fails to appear after having been summoned twice, the Committee may issue a default decision.
The decisions of the Disciplinary Committee shall be issued after the prosecution and lawyer’s defense have been heard. Reasoning for such decisions must be stated. The decision and the reasoning thereof shall be read out in full in a closed session. The Ministry of Justice shall notify, within 15 days from the effective date of the final decision, courts of law, the Board of Grievances, and the competent authorities of that decision. Such decisions shall be kept in a special register. In all cases, disciplinary actions shall be communicated by a member of the Disciplinary Committee. Delivery of a copy of the decision to the lawyer concerned in an official manner shall be treated as adequate notice. When the decision has become final, whether it be striking off the lawyer’s name from the list or suspension of his practice, only the decision thereof shall be published, at the lawyer’s expense, in one or more of the newspapers issued in the locality of the lawyer’s place of business. Should there be no newspaper in that locality, it shall be published in a newspaper in the nearest locality.
After having been notified or provided with a copy of a default decision, the lawyer concerned shall have 15 days to appeal. The appeal shall be addressed to the Chairman of the Disciplinary Committee, either by the lawyer concerned or through his representative.
Upon suspending a lawyer from practicing law, his name shall be transferred from the list of practicing lawyers to the list of non-practicing lawyers. A suspended lawyer shall not be entitled to conduct his practice throughout the duration of suspension. If he fails to comply with the same, his name shall be struck off the lawyers’ list and his license shall be revoked. The Minister of Justice shall, pursuant to a recommendation by the committee provided for in Article 5 hereof, issue instructions relating to pending cases that were being handled by suspended lawyers.
A lawyer whose name has been struck off the list pursuant to a disciplinary decision issued by the Disciplinary Committee may, after three years from the effective date of that decision, apply to the Lawyers Registration and Admission Committee to reinstate his name.
A term of imprisonment not exceeding one year or a minimum fine of 30,000 riyals, or both, may be imposed on:
a) a person who impersonates a lawyer or practices law in violation of the provisions of this Code.
b) a lawyer who practices law after his name has been struck off the list.
Such punishments shall be imposed by a competent court. The sentence may
provide for the publication of an abstract summary at the expense of the convicted person in one or more local newspapers or any other appropriate medium, according to the type, gravity, and effect of the crime or violation committed, provided that such publication is executed after the judgment becomes final.
Saudi lawyers and consultants who hold valid permits or licenses issued by the Ministry of Justice or the Ministry of Commerce pursuant to the regulations that were then in force may continue their practice, provided that they shall file applications, within five years from the effective date hereof, to the Lawyers Registration and Admission Committee referred to in Article 5 hereof for registration. The Committee shall register their names on the list and provide them with new licenses pursuant to the provisions of this Code. The competent authority that had previously issued these permits and licenses shall send to said Committee all the papers and other documents pursuant to which these permits or licenses were issued. However, the Minister of Justice may extend the period herein specified to a maximum period not exceeding five years for Saudi lawyers who are holding such licenses as long as they satisfy the requirements provided for in Article 3 herein, excluding the qualification requirement referred to in paragraph (b) of said Article, provided that they pay the renewal fees specified in Article 7 hereof.
Subject to the provisions of paragraph (a) of Article 3 hereof, non-Saudis who hold valid licenses that have been issued prior to the implementation of Council of Ministers Resolution No. 116, dated 12/7/1400H, may continue to practice only as consultants on a temporary basis, subject to the following conditions:
1. A non-Saudi shall carry out his practice on a full time basis.
2. He shall not litigate before courts of law, the Board of Grievances, or the committees referred to in Article 1 hereof; and these entities shall not accept his litigation.
3. He shall reside in the Kingdom for a minimum period of nine months a year.
4. He shall satisfy the requirements for registration, excluding citizenship.
5. Copies of his qualifications and his previous license shall be filed with the Ministry of Justice within six months of the date of implementation of this Code. The Ministry of Justice shall prepare a special register for licensed non-Saudis, and shall grant them temporary licenses. The Minister of Justice shall determine the particulars to be entered in the register and the license. He shall also specify the duration and expiry date of such license.
A license shall be deemed terminated by force of law in case of the absence of any of the requirements mentioned herein.
A lawyer licensed pursuant to Article 39 may have his own practice or may enter into partnership with a Saudi lawyer. Such lawyer shall not be entitled to seek the assistance of a non-Saudi lawyer, whether said lawyer is an individual or company.
1- Subject to the provisions of the relevant Laws and the international agreements to which the Kingdom is a party, the licensed to practice the law profession may seek the assistance of one (or more) legal non-Saudi consultant to work for his; pursuant to an employment contract under his responsibility and supervision; subject to the following conditions:
a- The non-Saudi must meet the conditions for registration in the list of lawyers, except for the condition of nationality, or be licensed to practice the law profession in accordance with the provisions of any other foreign Law that regulates the practice of the law profession in accordance with the standards and controls set out in the implementing regulations of this Law in this regard.
b- He shall have practical experience in practicing the law profession of not less than (five) years.
c- Registration in the membership of the Saudi Bar Association in accordance with the provisions regulating this.
d- Not to plead before the bodies referred to in Article (1) of this Law.
2- A special list of non-Saudi legal consultants shall be established in the Ministry of Justice, in which their names shall be registered after the competent authority in the Ministry has verified that they meet the conditions stipulated in paragraph (1) of this Article. The implementing regulations of this Law shall specify the data to be available in this list.
The Minister of Justice shall issue the implementing regulations for this Code, and these regulations shall be published in the Official Gazette. He shall also issue any decisions necessary for their implementation.
This Code shall be published in the Official Gazette and shall enter into force 90 days thereafter. It shall supersede any rules that are inconsistent therewith.
1- For the purpose of applying the provisions of this Law and licensing foreign law firm to practice law profession in the Kingdom, foreign law firm shall mean the non-Saudi establishment that carries out the work of the law profession according to a license subject to the provisions governing the profession in another country (or countries).
2- The foreign law firm is prohibited from practicing law profession in the Kingdom, unless it is licensed to do so in accordance with the provisions of this Law and within the limits of that license
Without prejudice to the terms and conditions contained in the Foreign Investment Law, the following is required for licensing the foreign law firm to practice law profession in the Kingdom:
1- To have a distinguished international reputation in the field of practicing the law profession in accordance with the relevant international competitive indicators and reports.
2- To have been established for a period of not less than (ten) years.
3- To have representation or partnerships in at least (three) different countries, or (five) regions within one country if laws or regulations within that country allow for differences between regions in relation to the provisions governing the practice of law profession. The Implementing Regulations of this Law shall specify the criteria to be met in those countries or regions, as the case may be.
4- To nominate at least two partners representing the foreign law firm in the Kingdom, provided that the Firm is committed to residing in the Kingdom for a period of not less than (one hundred and eighty) days per year. The implementing regulations of this Law shall specify the provisions necessary for what is stated in this paragraph.
5- Payment of license fees in accordance with paragraph (2) of Article (48) of this Law, and the foreign law firm may recover them in the event that its license application is rejected.
As an exception to the requirement mentioned in paragraph (4) of Article (45) of this Law, the foreign law firm may apply for a temporary license to provide legal consultancy services for a specific project in the Kingdom, provided that the application meets the requirements specified in the implementing regulations of this Law.
1- Applications for licensing foreign law firms and applications for its renewal shall be submitted to the committee stipulated in Article (5) of this Law, in accordance with the forms prepared for that purpose, accompanied by all documents specified by the implementing regulations of this Law.
2- The license shall be issued to the foreign law firm and shall be renewed by a decision of the Minister of Justice based on the recommendation of the committee stipulated in Article (5) of this Law.
1- The license period of the foreign law firm to practice the law profession in the Kingdom shall be (five) years, renewable for a period or other similar periods in accordance with the conditions specified in Article (45) of this Law.
2- The license issuance fee for the foreign law firm shall be (one thousand) riyals and (one thousand) riyals upon renewal.
A special list shall be established in the Ministry of Justice for foreign law firms licensed to practice law profession in the Kingdom, including those holding the temporary license referred to in Article (46) of this Law, in which such firms shall be registered after obtaining the license in accordance with the provisions of this Law. The implementing regulations of this Law shall specify the data to be available in this list.
With the exception of the foreign law firm holding the temporary license referred to in Article (46) of this Law, the licensed foreign law firm must take one of the following forms before practicing law profession in the Kingdom:
1- Establishing a professional company with a Saudi lawyer (or more) registered in the list of practicing lawyers, in accordance with the professional companies Law and in accordance with the conditions specified by the implementing regulations of this Law.
2- Opening a branch (or more) in the Kingdom in accordance with the provisions specified by the Implementing Regulations of this Law.
1- The foreign law firm licensed to practice law profession in the Kingdom, which takes the form mentioned in paragraph (1) of Article (50) of this Law, may practice all work related to practicing the profession, taking into account the limitation of pleading for others before the bodies referred to in Article (1) of this Law to the Saudi lawyer registered in the list of practicing lawyers in accordance with the provisions of Article (18) of the Law.
2- The work of the foreign law firm licensed to practice law profession in the Kingdom, which takes the form mentioned in paragraph (2) of Article (50) of this Law, shall be limited to the following works:
a- Consultations related to International Law.
b- Consultations related to non-Saudi Laws provided through a lawyer licensed to provide legal consultations related to them.
c- Arbitration, mediation and conciliation services, in accordance with the provisions regulating this.
d- Consultations provided for specific or specialized projects or studies in the field of legislation.
The implementing regulations of this Law shall specify the necessary provisions for what is stated in this article.
1- The licensed foreign law firm to practice law profession in the Kingdom is obliged to the following:
a- The percentage of the number of Saudi employees in the Firm engaged in works of Law profession nature shall not be less than the percentages determined by the implementing regulations of this Law.
b- Transferring knowledge to the Saudi lawyer registered in the list of practicing lawyers, in accordance with the form mentioned in paragraph (1) of Article (50) of this Law, in addition to transferring knowledge to Saudi employees in the Firm engaged in works of Law profession nature, and providing continuous professional development activities to all employees of the Firm. The implementing regulations of this Law shall specify the provisions necessary for what is stated in this paragraph.
c- Training Saudi lawyers as determined by the implementing regulations of this Law.
d- Providing legal consultations in the Kingdom through the employees of the Firm, regardless of the form that the foreign law firm took, in accordance with the provisions of Article (50) of this Law. The Firm may seek the assistance of another law firm outside the Kingdom according to the need of work and for the purpose of supporting it in providing legal consultations in the Kingdom, provided that the legal consultations referred to a Firm outside the Kingdom do not exceed the percentage specified by the implementing regulations of this Law.
e- Professional Liability Insurance.
2- The implementing regulations of this Law shall state the following:
a- The procedural provisions necessary for the obligations in paragraph (1) of this article.
b- The obligations and procedural provisions necessary for this article, which shall be applied to the foreign law firm that has a temporary license in accordance with the provisions of Article (46) of this Law.
1- The Ministry of Justice may request the data and information necessary to verify the documents accompanying the license applications of foreign law firms. It may also request the necessary data and information from the licensed foreign law firms to ensure that they comply with the provisions of this Law and its implementing regulations, in accordance with the nature and type of license issued to them.
2- The Ministry of Justice – in accordance with its discretion and to the extent necessary for that purpose- may delegate other bodies in respect of its powers provided for in paragraph (1) of this Article.
The license of the foreign law firm – which is licensed in accordance with the provisions of this Law – shall expire in the following cases:
1- Cancellation of the license at the request of the Firm.
2- The expiry of the license period without an application for renewal.
3- A period of (six) months has elapsed from the date of issuance of the license without taking a form that authorizes the firm to practice law profession in the Kingdom, unless there is a legitimate justification accepted by the Ministry of Justice.
4- Suspending its business in the Kingdom for a period of more than (one year).
5- Issuing a final judicial decision or ruling to cancel the license.
6- Expiry of the project for which a temporary license was issued, in accordance with the provisions of Article (46) of this Law.
7- Missing one of the conditions mentioned in Article (45) of this Law.
Where no special provision is mentioned in this Chapter of this Law, all the provisions stipulated in this Law, its implementing regulations and the decisions issued pursuant thereto shall apply to the licensed foreign law firm in accordance with the provisions of this Law, in a manner that does not conflict with the nature and type of the license issued to it.
