Article 1

The profession of advocacy under this Law means pleading on behalf of another before law courts, the Board of Grievances and committees set up under the regulations, orders and decisions to consider cases falling within their competence as well as providing Shari’ah and [other] legal consultations. The person practicing this profession is known as an advocate. Every person shall have the right to plead on his own behalf.

Article 2

The Ministry of Justice shall prepare a general register for registering the names of practicing advocates and another for non practitioners as at the date of registration. The two registers shall include the particulars specified by the Bill of Implementation of this Law, and the Ministry of Justice shall transfer the name of the advocate who ceases to practice the profession for more than a year from the register of practicing advocates to the register of non practicing advocates in accordance with the safeguards established by the Bill of Implementation of this Law.

Article 3

He who practices the profession of advocacy must have his name registered in the register of practicing advocates and he whose name is registered in this register must:

A. Be a Saudi national. It shall be permissible for a non-Saudi to practice the profession of advocacy in accordance with the provisions of agreements between the Kingdom and other countries.

B. Be in possession of a degree from a Shari’ah college or a B.A degree in law from one of the universities of the Kingdom or the equivalent of either of these two degrees from outside the Kingdom or a diploma in law studies from the Institute of Public Administration following the obtaining of a university degree.

C. Must have experience in the nature of [legal] work for a period of not less than 3 years and such period shall be reduced to one year for the holder of an M.A degree in Islamic Shari’ah or [other] legal specialization or the equivalent of either of these two or a diploma in legal studies as regards the graduates of the faculty of Shari’ah. The holder of a doctorate in the field of specialization shall be exempt from such period.

D. Be of good conduct and behavior and must not be interdicted.

E. Must not have been sentenced to a (Shari’ah) punishment or to punishment for a crime against honor or honesty, unless at least 5 years must have elapsed since the execution of the sentence.

F. Be residing in the Kingdom.

The Minister of Justice shall draw up a specimen declaration to be signed by the applicant for registration containing the applicant’s declaration that the conditions specified under paragraphs D, E & F of this Article have been satisfied.

Article 4

He who has worked on the judiciary in the Kingdom for a period of not less than 3 years shall be excepted from paragraphs B and C of Article 3.

Article 5

The application for registration in the register shall be submitted pursuant to a form to be specified by the Bill of Implementation of this Law to a committee for the registration and admission of advocates consisting of:

1. A deputy (Minister) from the Ministry of Justice to be appointed by the Minister of Justice (Chairman).

2. A representative from the Board of Grievances with the rank of not less than the equivalent of a president of an “A” court to be appointed by the President of the Board of Grievances (Member).

3. A lawyer who has practiced the profession for a period of not less than 5 years to be appointed by the Minister of Justice (Member).

The competent authority shall nominate a replacement for absent members and membership of this committee shall be for 3 years renewable once.

Article 6

The committee provided for under Article 5 shall hold its meetings in the presence of all of its members and shall pass its decisions by majority. The committee should verify the satisfaction of the conditions specified in this Law, and decide upon the application, if complete, within a period not exceeding 30 days from the date of submitting the application, and in the event of a rejection then the reasons must be explained, if the committee is requested to do so. It shall be permissible for the applicant to lodge a grievance with the Board of Grievances within 60 days of being notified of the committee’s decision.

Article 7

The license to practice the profession of advocacy shall be issued after registration in the register by a resolution to be passed by the Minister of Justice in accordance with a form to be drawn up by the Bill of Implementation of this Law, which license shall be for 5 years renewable pursuant to the conditions specified in this Law. The applicant for the license shall pay a fee of 2,000 Riyals upon the issuance of the license and 1,000 Riyals upon renewal.

Article 8

The Ministry of Justice shall notify the courts, the Board of Grievances and the committees referred to under Article 1 of this Law of the names of the advocates registered in the register of practicing advocates immediately upon the issuance or renewal of the license. There shall be kept at the headquarters of the courts and the Board of Grievances a list containing the names of practicing advocates and their addresses. Any person interested in reviewing the list shall be given access to it.

Article 9

An advocate who ceases to practice the profession for more than one year shall inform the Ministry of Justice of that pursuant to a form to be specified by the Bill of Implementation of this Law.

Article 10

It shall be permissible to set up a professional company of advocacy between two or more of those registered in the register pursuant to the provisions of the Law of Professional Companies.

Article 11

An advocate shall practice his profession in accordance with Shari’ah practices and prevalent laws, must abstain from any work dishonoring the profession, and must respect the rules and regulations issued in this regard.

Article 12

It shall not be permissible for an advocate to [bring up] the private affairs of the adversary of his client or of his client’s lawyer and an advocate must abstain from abuse or accusations affecting honor and dignity.

Article 13

Subject to the contents of Article 12, an advocate shall tread upon the path which he deems useful in defending his client, and he shall not be liable for what he contends in his written or verbal submissions that is commensurate with right of defense.

Article 14

1. It shall not be permissible for an advocate himself or through another advocate to accept any claim or to give any consultation against a party for which he works, or against a party with which his relationship has come to an end except after the lapse of a period of not less than 5 years since the date on which his relationship with that party ended.

2. An advocate who partially works for his client under a contract may not accept any claim or give any advice against his client before the lapse of three years since the expiry of the contract.

Article 15

It shall not be permissible for the advocate himself or through another advocate to accept a retainer from his client’s adversary or to extend any assistance to him, not even by way of an opinion, in a claim for which he had previously accepted a retainer or in a claim that is related to it even after the expiry of his retainer.

Article 16

It shall not be permissible for he who had been a judge prior to practicing the profession of advocacy to accept a retainer himself or through another advocate in a claim that had been put before him.

Article 17

It shall not be permissible for he who has expressed his opinion in a case, in his capacity as an office holder or as an arbitrator or expert, to accept a retainer in that case.

Article 18

Advocates registered in the register of practicing advocates, to the exclusion of others, shall have the right to represent third parties before courts or the Board of Grievances or the committees referred to under Article 1 of this Law.

As an exception to this the following shall be admitted to represent third parties:

1. Any attorney in one to three cases, so that if the attorney takes on three cases for three different persons then his retainer for others shall not be accepted.

2. Spouses, in-laws or relatives up to the fourth degree.

3. Legal representative of a juridical person.

4. The guardian, custodian and endowment overseer in cases of guardianship, custodianship and endowment which they undertake.

5. The treasurer of the “Bait Al-Mal” (Treasury of the State) in matters falling within his competence pursuant to the law and instructions.

Article 19

Law courts, the Board of Grievances, the committees referred to under Article 1 of this Law, official circles and investigation authorities shall extend to the advocate the facilities that are required for him to carry out his duty, and to enable him to review papers and be present at investigations, and his request may not be turned down without a legitimate excuse.

Article 20

An advocate or an attorney must submit his original retainer or a certified copy thereof to the court, Board of Grievances or committees referred to under Article 1 of this Law at the first hearing which he attends on behalf of his client. If the client attends the hearing with the advocate, the writer of the record or he who is in his place should record that in the record file, in lieu of [producing] the retainer. Should the advocate be in possession of a general retainer officially certified on behalf of one of the adversaries then he shall be exempted from producing the original retainer, and it should be sufficient for him to produce a certified copy thereof or to produce the original retainer together with a copy thereof, which copy shall be certified by the judge.

Article 21

Each advocate must have one or more offices to conduct the cases he has been retained for, and he must inform the Ministry of Justice of the address of his office and of any change affecting it.

Article 22

Upon the expiration of a retainer, an advocate shall return to his client upon his client’s request the retainer document and original documents and papers. However, it shall be possible for him if he has not obtained his fees to obtain, at the expense of his client copies of all the papers that are in support of his claim and to keep with him the original documents and papers until the client pays him the fees that are due and the expenses for obtaining the copies. An advocate shall not be obligated to hand over to his client drafts of the papers he had filed in the lawsuit nor the letters that he had received. Nevertheless, the advocate should give his client copies of such papers upon the request and at the expense of the client.

Article 23

It shall not be permissible for an advocate to divulge a secret entrusted to him or to which he has had access through his profession even after the expiry of his retainer, unless such (action) is in breach of a Shari’ah requirement. Likewise, it shall not be permissible for him without a legitimate excuse to abandon what he had been retained for before the lawsuit has come to an end.

Article 24

A client’s claim in demanding from his advocate the papers and documents deposited with him shall not be heard after the lapse of 5 years as of the date of the advocate’s task, unless the client has claimed them before the lapse of such period by registered mail within an acknowledgment of the receipt thereof and so such period shall be computed as of the date of receiving such letter.

Article 25

It shall not be permissible for an advocate to buy all or some of the rights disputed in respect of which he had acted as an attorney.

Article 26

The advocate’s fees and method of paying them shall be fixed in an agreement concluded between him and his client, so that if there was no agreement or if the agreement was contested or void then the court that had considered the case at the time of their difference shall estimate such fees upon the request of the advocate or the client in a manner that is commensurate with the effort that was exerted by the advocate and the advantage that had devolved upon the client.

This provision shall also be applied should any sub claim arise out of the original claim.

Article 27

A client may dismiss his advocate and should pay all the fees that had been agreed upon if it is proven that the dismissal was for no legitimate cause unless the court competent to consider the case sees differently in terms of the dismissal and full fees.

Article 28

In case of the death of the advocate and should the heirs and the client fail to determine the fees, the court that has considered the case shall assess his fees in the light of the effort exerted and the benefit that had devolved upon the client, the stage which the case has reached and the agreement concluded.

Article 29

The name of advocate shall be struck out from the register and his license shall be cancelled if he has been convicted of a Shari’ah crime or if punished for a crime against honor or honesty.

Without prejudice to a claim for compensation for he who has sustained damage or to any other claim, every advocate violating the provisions of this Law or the Bill of Implementation thereof or who is breaching his professional duties or committing an act affecting the honor of the profession shall be penalized by one of the following penalties:

1. Warning.

2. Reprimand.

3. To be stopped from practicing the profession for a period not exceeding 3 years.

4. To have his name struck out from the register and to have his license cancelled.

Article 30

The Attorney General shall file the disciplinary action against the advocate of his own accord or upon the request of the Minister of Justice or of any court or of the Board of Grievances or of any of the committees referred to under Article 1 of this Law.

Article 31

The Minister of Justice shall, by a resolution passed by him, set up one or more committees to consider the administration of the disciplinary penalties specified under Article 29 of this Law which committee shall be known as the disciplinary committee and shall consist of one judge and two experienced people, of whom one shall be an advocate who has practiced the profession for not less than 10 years, from whom the Minister of Justice shall choose a chairman. Membership of this committee shall be for 3 years renewable once. The committee shall meet in the presence of all of its members and pass its decisions unanimously. The committee’s decisions shall be subject to appeal before the Board of Grievances within 60 days of the date of notification of the penalty decision to whom it was passed against.

Article 32

The advocate shall be summoned to appear before the disciplinary committee by an official letter briefly indicating the infraction attributed to him and the proof thereof at least 15 days before the date fixed for the hearing. It shall be permissible for the advocate to appear in person or to retain a lawyer on his behalf and the disciplinary committee may order him to appear in person before it, and should he fail to appear after having been summoned twice then the committee may pass its decision in absentia.

Article 33

The decision of the disciplinary committee shall be issued after hearing the accusation and the advocate’s defense. The decision must be based on reasons and the full reasons thereof must be read out upon pronouncement of the decision at a hearing to be held in camera. The Ministry of Justice shall communicate the contents of the final decisions to the courts, the Board of Grievances and the competent authorities within 15 days of the date of their coming into effect. These decisions shall be recorded in a register and the disciplinary decisions shall in all cases be communicated by a bailiff. Delivery of a copy of the decision to the advocate concerned by proper means shall be good service of such decision. When the decision becomes final by deleting the name [of the advocate] from the register or by stopping him from practicing the profession, then the contents of the decision only shall be published in one or more of the newspapers issued in the area where the advocate has his office, and should there be no newspaper there in a newspaper circulating in the nearest neighborhood, at the advocate’s own expense.

Article 34

An advocate may object to a decision passed against him in absentia within 15 days of the date of communicating it to him or of receiving a copy of thereof. The objection shall be filed by the advocate or his attorney before the disciplinary committee through its chairman.

Article 35

Stopping an advocate from practicing advocacy entails removal of the name of the advocate from the register of practicing advocates to the register of non-practicing advocates. A suspended advocate may not open his office throughout the period of suspension and should he be in violation of that or should he practice his profession within the period of suspension then he shall be penalized by striking out his name from the register of advocates and by canceling the license issued to him to practice the profession. The Minister of Justice shall, upon the recommendation of the committee provided for under Article 5, lay down the rules pertaining to what should be followed in connection with pending cases for which suspended advocates [were responsible].

Article 36

An advocate against whom a disciplinary decision deleting his name from the register has been issued may, after the lapse of 3 years from the date of the coming into effect of such decision, apply to the committee for the registration and admission of advocates to have his name re-registered in the register.

Article 37

There shall be punished by a term of imprisonment of not more than 1 year or by a fine of not less than 30,000 Riyals both:

A. The person who holds himself out to be an advocate or who carries out the profession of advocacy contrary to the provisions of this Law.

B. The advocate who carries out the profession of advocacy after his name has been deleted from the register of advocates, and these penalties shall be meted out by the competent court.

Article 38

Saudi advocates and (legal) advisors who are in possession of retainers or valid licenses issued by the Ministry of Justice or the Ministry of Commerce pursuant to the laws in force at the time of the issuance thereof shall continue to carry out their work on the condition that they shall, within 5 years of the coming into effect of this Law, apply to the committee for the registration and admission of advocates provided for under Article 5 of this Law, and this committee shall register them in the register of advocates and issue new licenses to them in accordance with the provisions of this Law. The competent authorities which have previously issued such permits and licenses shall refer to the committee all of the papers and documents in accordance with which they had been granted the permits or licenses.

Nevertheless, it shall be permissible for the Ministry of Justice to extend the period referred to under this Article so that it may not exceed 5 years at the most for Saudi advocates who are in possession of licenses and who satisfy the conditions specified under Article 3 of this Law with the exception of the condition dealing with the qualification specified under Paragraph “B” of the said Article, provided that they shall pay the renewal fee indicated in Article 7 of this Law.

Article 39

Subject to the contents of Paragraph “A” of Article 3 of this Law, non-Saudis who are licensed pursuant to the laws prior to the issuance of the Council of Ministers Resolution No. 116 dated 12/7/1400 H., shall temporarily continue to practice the activity of (legal) consultations only and under the following conditions:

1. He should be engaged for (legal) consultation work on full time basis.

2. He should not plead before courts, the Board of Grievances or the committees referred to under Article 1 of this Law in his capacity as attorney, and the said authorities shall not accept his pleadings.

3. He should be residing in the Kingdom for a period of not less than 9 months in a year.

4. He should satisfy the conditions for registration in the register of advocates with the exception of the condition relating to nationality.

5. Copies of his qualifications and previous license should be deposited with the Ministry of Justice within 6 months of the date of the coming into effect of this Law, and the Ministry of Justice should prepare a special register for the registration of non-Saudis who are licensed and shall give them temporary licenses. The Minister of Justice shall draw up the particulars that ought to be recorded in such a register and in the license, the validity thereof and the date of its expiration, and the license shall be regarded to have expired by operation of law only when any of the conditions indicated in this Article is missing.

Article 40

The person licensed in accordance with Article 39 shall carry out work on his own or in participation with a Saudi advocate, and he may not seek the help of a non-Saudi advocate, be that an individual or a firm.

Article 41

A Saudi advocate and an advocate licensed under Paragraph “A” of Article 3 of this Law, may seek the assistance in his office, subject to work requirements, of a non Saudi advocate or more pursuant to a contract of employment under his own responsibility and supervision subject to the following conditions:

A. The advocate in possession of the license shall regularly attend the office and shall sign all the correspondence issued by the office in relation to cases. He may appoint one to represent him in that regard from amongst the Saudi advocates or those licensed under Paragraph of “A” of Article 3 of this Law.

B. The non-Saudi should satisfy the registration conditions in the register of advocates apart from the condition relating to nationality and shall have experience in the nature of work for a period of not less than 5 years.

C. His work should be confined to the preparation of memoranda in the name of the advocate in possession of the license and to extending assistance to him. He should not plead before courts, the Board of Grievances or the committees referred under Article 1 of this Law.

Article 42

The Minister of Justice shall issue the Bill of Implementation of this Law which bill shall be published in the official newspaper and shall issue the necessary resolutions for the implementation thereof.

Article 43

This Law shall be published in the official newspaper and shall come into effect 90 days after the date of publication thereof, and shall supersede any provision that is in conflict with its provisions.