Implementing Regulation of the Code of Law Practice

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  • Minister of Justice Decision No. 676, Dated

    19/4/1446H

  • The Minister of Justice,

  • Pursuant to the powers vested therein by law;

  • Pursuant to Article 42 of the Code of Law

  • Practice issued by Royal Decree No. M/38, dated 28/7/1422H; and

  • Upon perusal of Ministerial Decision No.

    4649, dated 8/6/1423H, Ministerial Decision No. 3453, dated 24/12/1442H, and Ministerial Decision No. 1417, dated 19/4/1444H; after coordination with the Saudi Bar Association; and in consideration of the requirements of public interest;

  • Hereby decides as follows:

  • First: The Implementing Regulations of the Code of Law Practice shall be approved, as per the attached form.

  • Second: The Rules of Professional Conduct for Lawyers issued by Ministerial Decision

    No. 3453, dated 24/12/1442H, shall be amended as follows:

    • 1. A Rule to be numbered 9 bis shall be added to read as follows:

  • "1. Without prejudice to the provisions of Article 16 of the Law, a lawyer who has previously worked in the judiciary, or any person of similar status, may not, for a period of three years from the date of termination of such judicial work, litigate whether directly or through another person in any case or provide consultations regarding any matter, in the following cases:

    • a. If the case or the matter is being considered by a court or committee in which he served during the last two years of his work.

    • b. If the case or the matter is being considered by a court or committee and the rulings and decisions of such court or committee are subject to appeal before a court or committee in which he served during the last two years of his work.

    • c. If the branch of the Public Prosecution in which the lawyer served during the last two years of his work took an action regarding the case or matter that falls within the
      jurisdiction of the Public Prosecution.

  • 2. Cases and matters in which a person who previously worked in the judiciary or any person of similar status is a party or in which he acts in the capacity of a guardian, a trustee, or an administrator of an endowment or as an

    attorney on behalf of a spouse or a relative or an in-law up to the fourth degree shall be excluded from the application of the provisions of paragraph (1) of this Rule.

  • 3. The provisions of this Rule shall apply to persons who have previously worked in the judiciary and persons of similar status, namely:

    • a. Judges of the judiciary, judges of the Board of Grievances, members of the Public Prosecution, and members of the committees referred to in Article 1 of the Law.

    • b. Technical and administrative employees in the courts of the judiciary, courts of the Board of Grievances, branches of the Public Prosecution, and the secretariats of the committees referred to in Article 1 of the Law.

  • 4. The prohibition provided for in paragraph (1) of this Rule shall extend to all types of legal services, such as litigation, representation of others, provision of Sharia and legal consultations and professional opinions, and case document preparation, and shall include any participation in any of such services, whether with or without a contract."

  • 2. A paragraph to be numbered 6 shall be added to Rule 38 to read as follows:

    "6. If he has previously worked in the judiciary, he shall not refer to such work."

  • 3. A Rule to be numbered 45 bis shall be added to read as follows:

    "Without prejudice to Article 37 of the Law, the competent department in the Ministry of Justice shall notify the Oversight and Anti-Corruption Authority of any decision issued by the disciplinary committee regarding violations of the provisions of Rule 9 bis and of any of the Rules that fall within the jurisdiction of the Oversight and Anti-Corruption Authority."

    Third: These Regulations shall replace the Implementing Regulations of the Code of Law Practice issued by Ministerial Decision No. 4649, dated 8/6/1423H, and the following shall hereby be repealed:

    • 1. Rules for Preventing Conflicts of Interest for Former Members of the Judiciary and Persons of Similar Status when Practicing Law, issued by Ministerial Decision No. 1417, dated 19/4/1444H.

    • 2. Rules for Detecting and Recording
      Violations and for Filing and Considering Disciplinary Actions, issued by Ministerial Decision No.
      2403, dated 6/9/1443H.

    • 3. Implementing Regulations for Licensing Foreign Law Firms, issued by Ministerial Decision No. 186, dated 25/1/1444H.

  • Fourth: This Decision shall be published in the Official Gazette and shall enter into force

    60 days from the date of its publication.

  • Minister of Justice

  • Waleed bin Mohammed Al-Samaani

PART 1: DEFINITIONS

Article 1:

  • The following words and phrases, wherever mentioned in these Regulations, shall have the meanings assigned thereto, unless the context requires otherwise:

  • Law: Code of Law Practice.

  • Regulations: Implementing Regulations of the Code of Law Practice.

  • Profession: Profession of law practice, as defined in Article 1 of the Law.

  • Ministry: Ministry of Justice.

  • Minister: Minister of Justice.

  • Association: Saudi Bar Association.

  • Competent Department: The department in the Ministry or Association with jurisdiction over the procedures provided for in these Regulations, in accordance with its regulatory powers.

  • Competent Employee: An employee of the competent department assigned to perform any of the tasks of such department.

  • Lawyer: A person licensed to practice law after his registration in the roll.

  • Licensee: A lawyer or a foreign law firm licensed to practice law in accordance with the provisions of the Law.

  • Non-Saudi Consultant: A consultant who is registered in the register of non-Saudi consultants.

PART 2: LAW PRACTICE LICENSING

Article 3:

  • 1. The Lawyers Registration and Admission Committee may, in performance of its duties, request any documents necessary to verify compliance with the license requirements, and the applicant must submit such documents within a

    period not exceeding 30 days from the date of notification; otherwise, the application shall be deemed void.

  • 2. The lawyer shall be registered in the roll of practicing lawyers, and a license to practice the profession shall be issued upon payment of the license fees.

  • 3. If the application for registration in the roll of practicing lawyers is rejected, the applicant shall be notified accordingly, and he may submit a new application after the grounds for rejection no longer exist.

Article 4:

  • The roll of practicing lawyers shall include the following:

    • 1. The lawyer's name and contact information.

    • 2. The license number and its issuance
      and expiration dates.

    • 3. Address of place of business.

    • 4. Any other information specified by the competent department.

  • The lawyer shall notify the competent department of any change to his information within a period not exceeding 15 days from the date of such change.

Article 5:

  • The license renewal application shall be submitted within a period of not less than 180 days and not more than one year from the license expiration date. The application shall include the documents specified by the Committee, and the applicant must sign a form acknowledging the fulfillment of the requirements stipulated in Article 3 of the Law.

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