The Implementation of the Code of Law Practice

Introduction

Includes the following:
General provisions and definitions of the terms and words contained in the Law Practice Code and its Regulation

  • 1- The periods and deadlines mentioned in this Law and its Executive Regulation shall be governed by the procedures set forth in the Civil Procedures Law unless this Law states otherwise.

  • 2- The assessment of (necessity) when mentioned in this Regulation shall be made by the person assigned to it.

  • 3- For the purpose of applying this Law and its Regulation, the following terms and words shall have the meanings indicated next to them:

    • A- The Law: The Law Practice Code issued by Royal Decree No. (M/38) dated 28/07/1422 AH

    • B- The Profession: The profession of lawyering.

    • C- The Entities: The courts, the Board of Grievances, and the committees formed as referred to in Article One of the Law.

    • D- The Ministry: The Ministry of Justice.

    • E- The Minister: The Minister of Justice.

    • F- The Board: The Board of Grievances.

    • G- The Administration: The General Administration of Law Practice at the Ministry of Justice.

    • H- The Courts: The Sharia courts, which are:

      • 1- The courts specified in Article (5) of the Law of the Judiciary – excluding the Supreme Judicial Council-

      • 2- The specialized courts established after the issuance of the Law of the Judiciary in accordance with Article (26) thereof.

    • T- The Formed Committees: The committees that have been approved by the High Authority for their formation.

    • Y- The Register: The register of practicing attorneys

    • K- The Practicing Attorney: An individual whose name has been registered in the register of practicing attorneys, who has been issued a license to practice the profession, and who has not encountered any impediment to practicing during the license period that necessitates the removal of their name from the aforementioned register or its transfer to the register of non-practicing attorneys.

    • L- The Non-Practicing Attorney: An individual who was previously registered in the register of practicing attorneys and was issued a license to practice the profession, but who has encountered an impediment to practicing or continuing in it that necessitates the transfer of their name to the register of non-practicing attorneys.

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1/1- Pleading in self-defense is a legitimate right for every person, unless there is a legal impediment that necessitates the pleading to be conducted through agency, guardianship, or custody.

2/1- The lawyer has the right to defend their client during the investigation phase according to Article (4) of the Criminal Procedure Law.

3/1- The lawyer has the right to defend the accused in serious crimes provided they are present, and they may defend the accused in other crimes even if they are not present unless the court orders their personal appearance before it in any case, according to Article (140) of the Criminal Procedure Law.

  • 1/2- Each register shall have its own record, the first titled [Register of Practicing Attorneys] according to the approved model, and the second titled [Register of Non-Practicing Attorneys] according to the approved model.

  • 2/2-The Attorney must notify the administration of any change in the data attached to the registration application in the register, or the data recorded in the register in the prepared form.

  • 3/2-Transfer from the register of practicing attorneys to the register of non-practicing attorneys shall occur without the request or consent of the Attorney.

  • 4/2-Names shall be registered in the register of practicing attorneys in order according to the sequence of decision numbers issued by the Registration and Admission Committee approving the registration of the name therein.

  • As for the registration in the register of non-practicing attorneys, it shall be according to the sequence of the dates of the decisions issued in that regard without being bound by the sequence of their numbers, unless more than one decision is issued on the same date, in which case the registration shall be according to the priority of registration in the register of practicing attorneys.

  • 5/2-Names shall be registered in both registers with numbers in sequence starting with the number (one), added to the year of registration, beginning with the start of each Hijri year and ending with its conclusion.

  • The registration number in the register of practicing attorneys is considered the basic number for the Attorney, and this number shall not be given to anyone else.

  • 6/2-Names shall not be registered in the register of non-practicing attorneys except by transfer from the register of practicing attorneys, including attorneys and consultants specified in Article (38) of the Law after their names have been registered in the register of practicing attorneys.

  • 7/2- The name of the Attorney requesting suspension from practicing the profession for a period exceeding one year shall be transferred from the register of practicing attorneys to the register of non-practicing attorneys according to the following controls:

    • a – Submit a request to the Registration and Admission Committee.

    • b – If the remaining period until the expiration of the license exceeds one year from the date of notification of the suspension.

    • c – If no disciplinary action has been raised against him under Article (30) of the Law.

    • d – If his suspension is not due to a position that requires not practicing the profession, or due to the failure of a condition for registration in the register.

    • e – The applicant for suspension must announce in one of the newspapers published in the area of his main office, or in one of the most widely circulated newspapers if there are no newspapers published in the area, at least one month before his suspension, and the announcement must include the duration of the suspension.

    • f – He must place a sign at his office and branch indicating that.

    • g – If the cases he was entrusted with have been definitively concluded, or he has settled them with their owners by agreement, and this must be attached to the suspension notification form.

    • h – If he has notified the relevant authorities regarding the cases he was entrusted with about his suspension with a document, which must be attached to the suspension notification form.

  • Exempted from these controls are those who submitted to the Registration and Admission Committee with an emergency excuse that was accepted.

  • 8/2-In cases other than those specified in item (7/2), the name of the Attorney shall be transferred from the register of practicing attorneys to the register of non-practicing attorneys in the following circumstances:

    • a- If ninety days have passed since the issuance of the first license or its renewal or replacement, and he has not attended after being notified to collect it.

    • b – If ninety days have passed from the date of receiving the license and he has not established an office.

    • c – If he has established an office or changed it and has not notified the administration of that within a maximum period of ninety days.

    • d – If the license has expired and he has not submitted a renewal request.

    • e – If a final decision has been issued against him by the Disciplinary Committee suspending him from practicing the profession under Article (35) of the Law.

    • f – If he has violated the residency condition by being outside the Kingdom for more than six months in one of the years of the license. The pending cases for these mentioned attorneys and for those who submitted a request for suspension due to an emergency excuse accepted under Article (35) of the Law and its regulation shall be addressed.

  • 9/2-Subject to what is stated in paragraph (First) of Article (29) and Article (35) of the Law regarding the circumstances under which the name of the Attorney is removed from the register, and the cancellation of the license issued to him to practice the profession, his name shall also be removed from the registers, and his license shall be canceled in one of the following cases:

    • a – If he submits a request to suspend practicing the profession altogether.

    • b – Death.

    • c – If he is unable to practice the profession due to an incurable illness, as evidenced by a medical report.

    • d – If he remains registered in the register of non-practicing attorneys for more than five years from the date of registration, regardless of the reason; however, the Attorney requesting suspension mentioned in item (7/2) shall not be subject to this unless more than ten years have passed.

    • e – If he combines practicing the profession with a position that requires not practicing the profession.

    • f – If he is detained.

    • g – If the condition of nationality is violated.

    • h – If his name is registered in the registers and he has not paid the prescribed fee within a period not exceeding ninety days from the date of registration.

  • 10/2-Registration, transfer, removal, and reinstatement of names in the two registers shall be carried out by the Registration and Admission Committee, based on reasoned decisions issued by it, except for the Attorney against whom a final decision has been issued by the Disciplinary Committee to remove his name from the registers, or to suspend him from practicing the profession, in which case his name shall be removed or transferred from the register of practicing attorneys based on the decision of the Disciplinary Committee according to Article (35) of the Law.

  • 11/2-If the Attorney requesting suspension withdraws his request for suspension before being transferred to the register of non-practicing attorneys, he may practice the profession from the date of his withdrawal, after notifying the Registration and Admission Committee of that; however, if he has been transferred to the mentioned register, he may submit a request to the Committee to reinstate his name in the register of practicing attorneys within a period not exceeding ten years from the date of his registration in the register of practicing attorneys.

  • 12/2-Those whose names have been removed or transferred to the register of non-practicing attorneys shall be notified by registered mail with acknowledgment of receipt at their address within one month from the date of removal or transfer.

  • 13/2-The Registration and Admission Committee may reverse its decision to remove the Attorney's name from the register, or the decision to transfer him to the register of non-practicing attorneys, provided that this is done by a reasoned decision.

  • 14/2-An Attorney whose name has been transferred to the register of non-practicing attorneys in one of the cases mentioned in item (8/2) may submit a request to the Registration and Admission Committee to reinstate his name in the register within a period not exceeding five years from the date of his registration in the register of non-practicing attorneys; however, the Attorney mentioned in paragraph (e) may not request this except after three years have passed according to paragraph (c) in the second item of Article (29) of the Law. The Attorney shall be treated in all that has been mentioned according to the duration specified in the license based on its continuation or expiration, by a decision from the Registration and Admission Committee.

  • 15/2-The Attorney whose name has been transferred to the register of non-practicing attorneys is not entitled to open an office, or practice consultations, nor is he entitled to plead for others in any case, unless he is one of those specified in paragraphs (b – c – d) of Article (18) of the Law.

  • 16/2-The Attorney whose name has been removed from the two registers in the two cases mentioned in (c-g) of item (9/2) is not entitled to request the reinstatement of his name in the register; however, those mentioned in cases (a – d – e – f – h) of the mentioned item may do so according to the conditions specified in the Law and these regulations.

  • 17/2-If the Attorney complies with what is stipulated in the Law and these regulations, and continues to do so, the following shall not be considered as suspension:

    • a – If he has not obtained a job he accepts, or if no one has approached him with a request for pleading or providing consultation.

    • b – If he has worked for the state, or for others in the field of research, consultation, arbitration, investigation, public prosecution, liquidation of companies, estates, drafting contracts, or preparing studies and regulatory regulations, and the like, provided that this is done through employment in the state.

Previous Amendments
  • 1/3- Taking into account the conditions stated in this article, the following must be adhered to:

    • A– No combination of the profession or any governmental or private work.

    • B- It is permissible to combine the profession with freelance professions that do not conflict with the nature of the profession, and the assessment of the conflict or lack thereof is subject to the Committee for Registration and Acceptance.

    • C- Declare any other professions held by the applicant when applying for registration and acceptance or those they wish to obtain after being registered in the list.

  • 2/3- The degree from the College of Sharia mentioned in paragraph (B) of this article refers to a degree in one of the following two specializations:

    • A – Sharia.

    • B – Judiciary.

  • Other specializations are not considered.

  • 3/3- The university degree mentioned in paragraph (B) of this article refers to any degree in any university specialization.

  • The master's and doctoral degrees in Islamic Sharia in the Kingdom, as stated in paragraph (C) of this article, are as follows:

    • A – Degree in jurisprudence.

    • B – Degree in the principles of jurisprudence.

    • C – Degree in the Department of Judiciary.

    • D- Sharia policy – degree from the High Judicial Institute in the Kingdom.

  • 4/3-  The equivalence of degrees issued from outside the Kingdom to those issued from within the Kingdom shall be according to the systems and regulations of university degrees in force in the Kingdom.

  • 5/3- Experience in the nature of work shall be through practicing one of the following jobs:

    • A – Judiciary within and outside the Kingdom.

    • B – Issuing fatwas within the Kingdom officially.

    • C- Teaching jurisprudence subjects, or its principles, or laws in universities or graduate studies in institutes or other educational institutions in the Kingdom.

    • D– Consulting in state agencies and institutions.

    • E- Experience acquired in the nature of work in private companies and institutions.

    • F – Pleading on behalf of others before authorities.

    • G – Public prosecution or investigation at the Ministry of Interior within the Kingdom.

    • H – Works of public notaries, or first notaries in the Kingdom for notaries.

    • I – Writing in the records of civil, criminal, or final cases in Sharia courts, or the Board of Grievances in the Kingdom in a position not less than (Chief Record Keeper).

    • J – Previous licensing is considered if the experience period is fulfilled as long as the profession is practiced.

  • The experience in the previous paragraphs is subject to the assessment of the Committee for Registration and Acceptance.

  • 6/3-  The applicant for registration who holds one of the degrees mentioned in paragraph (B) of this article may combine the works mentioned in item number (5/3) with each other until their experience in the nature of work reaches three years.

  • 7/3- Cancelled.

  • 8/3- It is not required that the experience period specified as three years be consecutive.

  • 9/3- Pleading on one's own behalf is not considered experience.

  • 10/3- Training in law offices is considered experience in the nature of work if the following conditions are met:

    • A – The applicant for training must meet the registration conditions in the list as stipulated in the law and this regulation – at the time of training – except for the condition of experience in the nature of work.

    • B – The training must be with an attorney who has spent no less than five years practicing the profession.

    • C – The trainee must dedicate themselves to this work throughout the training period and on a full-time basis.

    • D- The trainee must reside in the city where the profession is practiced, whether the location is the main office or a branch.

    • E – The training must be in the nature of work specified in paragraph (C) of this article.

    • F- The training must be based on a written contract between the attorney and the trainee, which must include the specified training duration.

    • G – The trainee's pleading in cases and providing consultations must be on behalf of the attorney.

    • H – The trainee must submit an application for registration in the list within a period not exceeding two years after the end of their training period.

  • 11/3-  The attorney must notify the administration of the name of the trainee before they commence work.

  • 12/3- The determination of the number of trainees with the attorney is subject to the administration's assessment.

  • 13/3- The restriction mentioned in paragraph (D) of the aforementioned article is by a judicial ruling.

  • 14/3- The restriction is established by a Sharia ruling from the competent court.

  • 15/3- Crimes that undermine honor or trust mentioned in paragraph (E) of the article are: anything that leads to a weakening of religious restraint, including bribery, forgery, indecency, embezzlement, fraud, betrayal, and drug offenses. If a ruling is issued for crimes other than those mentioned, the matter shall be referred to the Disciplinary Committee stipulated in Article 31 of the law to determine whether it constitutes a crime undermining honor or trust or not.

  • 16/3- The period of imprisonment for which the convicted person has been pardoned shall not be counted from the period stipulated in paragraph (E) of the article.

  • 17/3- Good conduct and behavior shall be established for anyone who has been sentenced to a limit or a penalty for a crime undermining honor or trust, provided that a decision for rehabilitation is issued by the competent authority.

  • 18/3- The Committee for Registration and Acceptance – when necessary – may verify the good conduct and behavior of the applicant for registration.

  • 19/3- The Committee for Registration and Acceptance – when necessary – may verify the residence of the applicant for registration.

  • 20/3- The declaration of the fulfillment of the conditions mentioned in paragraphs (D, E, F) of this article shall be according to the approved form.

  • 21/3- An attorney who holds the nationality of one of the GCC countries shall be registered in the list of practicing attorneys and issued a license to practice the profession of law if they are licensed in their country to practice law with a valid license, and this shall be in accordance with the conditions and regulations stipulated in the law and its regulation, except for the residence condition.

  • 22/3-

    • A – Passing the attorney qualification program provided or approved by the Judicial Training Center is considered experience in the nature of work for a duration equivalent to that of the program.

    • B – The trainee attorney in law offices is required to provide proof of attendance in a qualifying course provided or approved by the Judicial Training Center, which must not be less than one hundred training hours.

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  • 1/4- A person who has worked in the judiciary within the Kingdom or abroad is considered a practitioner of the judiciary.

  • 2/4- The period for practicing the judiciary begins on the actual start date following the issuance of the appointment decision in the judiciary, and the period ends on the date of interruption.

  • 3/4- The following shall not be counted towards the duration of practicing the judiciary:

    • أ – Exceptional or medical leaves that exceed three months.

    • ب – Interruption from work.

    • جـ – Transfer, secondment, or loan for work outside the judiciary.

    • د – The duration of suspension from work and similar situations, whether a conviction is established or not.

  • 1/5- The Applicant submits the registration application in the mentioned schedule to the Lawyers Admission and Registration Committee using the approved form, in person at the administration, and signs it there. The application will be registered on the day it is submitted in the incoming register of the Lawyers Admission and Registration Committee if it is complete.

  • 2/5-The Applicant must attach the following documents to their application:

    • A – A copy of the identification card, with the original presented for verification.

    • B – A certified copy of the qualification, or the original presented for verification.

    • C – Experience documents.

    • D – A copy of the exemption decision from service.

    • E – The previous license for those who were issued licenses from the Ministry of Justice or the Ministry of Commerce before the enforcement of the law.

  • 3/5- If necessary, the Lawyers Admission and Registration Committee may request any additional information or clarifications to be attached to the registration application.

  • 4/5- It is required that the appointed attorney in the membership of the Lawyers Admission and Registration Committee be a practicing attorney.

1/6- The Lawyers Admission and Registration Committee convenes to consider the submitted claims at least once every month, and the committee prepares minutes of its sessions that include what has been studied regarding the claims and the cases of acceptance or rejection along with the reasons.

2/6- Its meetings are held at the Ministry's headquarters, upon the invitation of its Chairperson, and it may convene at another location by a decision of the Minister.

3/6- The meeting is not valid unless all its members are present.

4/6- It convenes during the official working hours of the state, unless the necessity requires a meeting outside of official working hours by a decision of the Minister.

5/6- The committee shall have a rapporteur chosen by its Chairperson to oversee all administrative and clerical tasks, and any other duties assigned to him.

6/6- Claims are considered in the order they are registered in the committee's incoming register, and within the legally specified period, excluding the holidays of the two Eids.

7/6- The committee's decisions are issued by majority vote, and the dissenting member must clarify their viewpoint.

8/6- Those whose claims have been rejected will be notified of this along with the reasons, and they must sign to acknowledge receipt within the specified time.

9/6- The period for appeal as stipulated in the article begins from the date the concerned party is notified of the committee's decision, and in the event of their refusal to sign for acknowledgment, this period will be calculated from the date of the minutes taken in this regard by the administration.

10/6- If a decision has been issued to reject a claim due to the incompleteness of the application, or for any other reason preventing registration in the register, the applicant may submit a new claim after completing the required documents as per the regulations, or after the obstacle has been removed.

1/8- The authorities are notified after determining the main location for the attorney to practice the profession, and the location is registered in the schedule.

2/8- The administration issues a comprehensive statement at the beginning of each Hijri year containing the names of the practicing attorneys registered in the schedule who have been previously reported in the past years according to the article, and they are arranged according to their registration numbers in the schedule. This statement is communicated to the authorities by providing them with copies stamped with the official seal, excluding those whose names have been removed from the schedule or transferred to the schedule of non-practicing attorneys.

3/8- The ministry notifies the authorities of the names of the attorneys whose names have been removed from the schedule or transferred to the non-practicing schedule immediately upon the issuance of the final decisions regarding this. The authorities shall delete the names of these attorneys from the statement.

1/9 - Notification of cessation of the practice of the profession for a period exceeding one year shall be made using the approved form.

2/9- The attorney requesting to cease the practice of the profession must notify of this at least one month prior to the cessation, unless the cessation is due to an emergency excuse accepted by the Registration and Admission Committee.

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