Explanatory Memorandum for the Rules on Limiting Conflicts of Interest for Those Who Have Previously Worked in the Judiciary When Practicing the Legal Profession

Explanatory Memorandum

Based on the principles of integrity and transparency, and to protect the integrity of the judicial facility and the legal profession, and to enhance trust in both; the Ministry of Justice has prepared these rules in coordination with the Oversight and Anti-Corruption Authority and the Saudi Bar Association, in accordance with the gracious directive communicated in the telegram from His Excellency the Head of the Royal Court No. (68524) dated 26/11/1442 AH, which includes the gracious approval of what was directed by the Council of Ministers to instruct the Ministry of Justice to coordinate with the Oversight and Anti-Corruption Authority and the Saudi Bar Association; to establish rules that would address any potential conflict of interest that may arise from the practice of those who have previously worked in the judiciary in the legal profession. These rules aim to achieve the principles and objectives by prohibiting a number of actions that constitute an immediate or potential conflict of interest when practicing the legal profession by those who have previously worked in the judiciary, balancing the protection of the integrity of the profession and the judicial facility, and enhancing the profession by attracting competencies with diverse experiences.
The rules specify the individuals subject to the prohibitions contained therein, who have previously worked in the judiciary, and those in a similar position, namely: judges in the general judiciary or the Board of Grievances, members of the Public Prosecution, and members of the committees referred to in Article (1) of the Law Practice Code, which are: (the committees formed under the regulations, orders, and decisions to consider cases within their jurisdiction). The prohibition contained in the rules also applies to: technical and administrative employees working in the courts of the general judiciary or the Board of Grievances, technical and administrative employees working in the secretariats of the committees referred to in Article (1) of the Law Practice Code, and technical and administrative employees working in the branches of the Public Prosecution; to achieve the purposes of the rules in applying the prohibition to them.


To achieve the objectives of the rules; the following cases are included in the prohibition:

  • 1- Those who have previously worked in the courts and committees with judicial jurisdiction - for a period of three years from the end of their relationship with them - are prohibited from pleading and providing consultation in the cases and facts that are considered by the court or committee in which they worked during the last two years of their employment.

  • 2- Those who have previously worked in the courts and committees with judicial jurisdiction - for a period of three years from the end of their relationship with them - are prohibited from pleading and providing consultation in the cases and facts that are considered by the court or committee that is competent to consider objections to its rulings and decisions, or the committee in which they worked during the last two years of their employment.

  • 3- A former member of the Public Prosecution, and technical and administrative employees working in the branches of the prosecution - for a period of three years from the end of their relationship with them - are prohibited from pleading and providing consultation in the facts that are being investigated by the branch of the Public Prosecution in which they worked during the last two years of their employment in the Public Prosecution.

The rules exempted from the above: cases and facts in which those who have previously worked in the judiciary, or those in a similar position, are parties, or guardians, or custodians of a trust, or agents for a spouse, or relatives, or in-laws up to the fourth degree; as required by necessity, and to eliminate the purpose for which the prohibition was established.
The rules confirmed the meaning of the professional activities to which the prohibition in Article Three applies, by stating that it includes all professional activities including pleading, representing others, providing legal and regulatory consultations, expressing opinions, preparing case documents, and participating in any of these activities by contract or without contract.
The rules also prohibited those who have previously worked in the judiciary - and those in a similar position - if they obtained a license to practice the profession, from referring to their previous work in the judiciary when announcing themselves, or participating in media and advertising, including referring to their position and previous experiences related to their work in the judicial authority.
The rules emphasized the responsibility of those who have previously worked in the judiciary - and those in a similar position - when practicing the legal profession, to ensure before agreeing to undertake any professional activities, that there are no conflicts of interest, or violations of the provisions of these rules.
The rules clarified that the violations contained therein are professional violations subject to the rules of control, raising disciplinary actions, and considering them, as stated in the Law Practice Code, its executive regulations, and the decisions issued pursuant to it, and the penalties for the mentioned professional violations apply to them, and since the prohibited cases are behavioral violations, breaching them constitutes a violation of the provisions of Article (11) of the Law Practice Code, which states that “the attorney must practice their profession in accordance with the legitimate principles, and the applicable regulations, and refrain from any act that undermines its dignity, and respect the rules and instructions issued in this regard,” without prejudice to the civil and criminal liability that may be associated with these behavioral violations; therefore, the rules stipulated notifying the Oversight and Anti-Corruption Authority of the incidents involving violations of these rules; for the Authority to take what it deems appropriate according to its regulations when suspecting a crime that falls under its jurisdiction to control, investigate, and plead in.