The criminal responsibility of a lawyer in Saudi Arabia is one of the very important topics that must be understood well and accurately. An indispensable basic pillar in society, and because of this, he must have complete and comprehensive knowledge of all laws and regulations that regulate his profession.
The criminal liability of a lawyer in Saudi Arabia
It is the responsibility that results when the lawyer makes any mistake or act that contravenes the obligations and duties related to the law that he must perform and is committed to implement. In this case, the error or action causes him to be subjected to criminal accountability.
There are professional committees in the Kingdom whose main objective is to monitor lawyers, especially their behavior. This matter has increased the remote responsibility of lawyers. These committees take all necessary measures against lawyers in the event that they commit legal or criminal violations. These committees were established because the main goal of the legal system within the Kingdom is to Lawyers work professionally and impartially in accordance with the standards of the profession and justice for the citizens of the Kingdom.
There are many legal obligations and duties of the lawyer, in the event of non-implementation of which he is subject to legal accountability. The following are the most important and most serious of them:
He must abide by honesty, integrity and complete confidentiality during his dealings in the cases of his client.
Not to carry out the process of extortion, exploitation or forgery, because these matters are considered a crime that exposes him to punishment according to the law in the Kingdom of Saudi Arabia.
If the lawyer causes harm to the parties to the case or to his client, he is subject to legal accountability and may be punished with imprisonment or a large fine.
He must protect private and process rights while acting fairly and openly with all parties to the case.
The information provided must be correct and he should not neglect the case and not distort or manipulate the facts, because if he does not do any of the above, he will expose himself to criminal accountability in accordance with the criminal law in the Kingdom.
The criminal liability of a lawyer in Saudi Arabia as a result of disclosing a professional secret
Professional confidentiality is one of the important and essential aspects of practicing the legal profession. A lawyer is required to preserve all information and data related to the case that he obtains from his clients in order to provide them with legal assistance.
Professional confidentiality is a sensitive and very complex issue, so the lawyer must deal accurately and in accordance with the legal legislation in force. The lawyer must also have knowledge of the rights of agents and his responsibility to them in order to preserve professional confidentiality.
There are some cases in which the lawyer can disclose the professional secret, including the existence of a danger to the life of his client, the existence of a general danger, or an order that causes the prevention of other crimes and other serious and delicate cases, as well as the lawyer can disclose the professional secret in order to protect the interest of his client, including when The client plans to commit a crime whose primary goal is to harm others.
If the lawyer discloses the professional secret for any legal reason other than what is specified by the law, then it is considered a breach of professional confidentiality, and he may be subject to criminal liability according to some different legal systems, as well as according to the professional secrecy law and the confidentiality contracts he signed with his agents.
In all cases of disclosure of a professional secret, the lawyer exposes himself to danger because he is exposed to criminal liability that may prevent him from carrying out his profession and may also cause him to be subjected to legal punishment.
Disciplinary responsibility of a lawyer in Saudi Arabia
It is one of the basic and necessary things to do in the legal profession, its primary goal is to maintain standards relating to both the ethical and professional behavior of lawyers. Lawyers must work with transparency and integrity in their dealings with agents, the court, and other parties to the case, and they must abide by all professional and ethical rules.
The disciplinary responsibility of a lawyer in Saudi Arabia requires the implementation of laws that regulate the legal profession, as well as adherence to professional norms. There are some things that lawyers should pay attention to and take into account, as follows:
Providing correct and accurate legal advice to agents, and avoiding ineffective legal advice.
Use papers and documents that support his position and increase his chances of winning the case, provided that they are within the agreed law.
He must stay away from all illegal and immoral actions, because they harm the lawyer’s reputation.
Staying away from personal interests and being impartial in order to represent the agent in a fair and friendly manner, as well as in order not to cause a conflict of interest.
Not to leak information to any of the parties to the case and to maintain professional confidentiality in order not to be subject to legal accountability.
Any lawyer who violates the provisions related to the legal profession, or does not comply with the professional duties specified by the law, or performs one of the acts that affect the legal profession, he shall be subject to one or more of the following penalties:
Suspension from practicing the profession for a period not exceeding three months.
Violation warning.
Imposing a fine not exceeding three hundred thousand Saudi riyals for each violation he commits.
Revocation of his license and removal of his name from the Bar Association.
Disbarring the lawyer from the Bar Association in Saudi Arabia
There are some legal procedures that are relied upon in order for the lawyer to be dismissed from the Bar, and the case related to the lawyer must be discussed according to the evidence and testimonies presented, and the lawyer must have an opportunity to defend himself and prove that he is innocent of the charges against him, and he is also entitled He has the use of documents and papers that support his position.
According to the legal system in the Kingdom of Saudi Arabia, there are many reasons that cause a lawyer to be dismissed from the bar, the most important of which are:
The Bar has the right to dismiss a lawyer in the event that he commits one of the serious violations of the laws and regulations that govern the profession. The most important violations are obtaining a sum of money as a bribe or any manifestation of bribery, or manipulation of justice, or the commission of a criminal crime.
If the lawyer conceals information or provides false or false information to the court or the Bar, also in the event that he hides very important information and his concealment causes a change in the court’s decision and the course of the ruling, then the Bar becomes entitled to strike it off.
A syndicate has the right to disqualify a lawyer if he has a record of bad professional behavior or if there are abuses in his profession in the past, as the lawyer must act in a manner of ethics and honesty in his dealings with his clients, the court, and an opponent of lawyers.
If the lawyer carries out an unprofessional practice that endangers the reputation of the legal profession, and among the unprofessional practices is circumvention of the law and suspension of contracts without a convincing reason, the syndicate has the right to dismiss him.
If it is suspected that the lawyer did not provide a good and appropriate defense for his client, that is, he did not abide by his duties towards his client in this case, then the syndicate has the right to disqualify him.
