Professional responsibility of lawyers in Saudi Arabia is a unique and independent profession, given its fundamental role in achieving justice, defending rights, and preserving freedoms. With this significance comes the professional responsibility of lawyers as an integral part of the legal system.
The scope of this responsibility is defined by the Kingdom of Saudi Arabia’s Code of Law Practice and its Implementing Regulations, which outline the lawyer’s obligations and the disciplinary sanctions for infractions. This article highlights the dimensions, boundaries, and impact of such responsibility in safeguarding litigants and boosting trust in the legal profession.
First: Definition of Professional Responsibility of lawyers
Professional responsibility refers to the legal and ethical obligations borne by lawyers while practicing law. Lawyers are held accountable for breaching their professional duties towards clients, judicial bodies, or society in general. Such responsibility encompasses legal, ethical, and disciplinary aspects.
Second: Legal Basis for Professional Responsibility
The legal basis for professional responsibility in the Kingdom of Saudi Arabia is established under the following:
- The Code of Law Practice, issued by Royal Decree No. (M/38), dated 28/07/1422 AH.
- The Implementing Regulations of the Code of Law Practice, amended by Minister of Justice Decision No. (676), dated 19/04/1446 AH.
- Related regulations, including the Anti-Money Laundering Law, the Anti-Concealment Law, and the Law of Criminal Procedure.
Third: Professional Duties of Lawyers under the Code
The Code of Law Practice outlines several duties lawyers must adhere to, including:
- Performing legal tasks with professionalism, integrity, and honesty.
- Respecting the judiciary and court personnel.
- Maintaining client confidentiality.
- Avoiding conflicts of interest.
- Refraining from providing false or misleading information.
- Abstaining from unlawful means of self-promotion.
Article (11) of the Code of Law Practice provides: “A lawyer shall practice the profession in accordance with Sharia and applicable laws. He shall refrain from any act that compromises the dignity of the profession and shall comply with relevant rules and instructions..”
Fourth: Related Regulations and Their Impact on Responsibility
The professional responsibility of lawyers extends beyond the Code of Law Practice and its Implementing Regulations to include obligations imposed by other relevant regulations, such as:
- Anti-Money Laundering Law: Lawyers, particularly in financial cases, are required to verify client identities and report suspicious transactions. Failure to do so may expose the lawyer to professional or even criminal liability.
- Anti-Concealment Law: A lawyer may face disciplinary action if found to have knowingly or negligently participated in drafting fictitious contracts or concealing the actual ownership of a commercial activity in violation of the law.
- Law of Criminal Procedure: This law outlines the lawyer’s role during investigations and trials, granting certain protections while imposing duties, such as maintaining confidentiality and avoiding influence over witnesses.
These regulations collectively form the legal and professional framework within which lawyers operate and impose additional obligations requiring heightened legal awareness and ethical conduct.
Fifth: Scope of Disciplinary Responsibility
If a lawyer breaches professional duties, they may be subject to disciplinary action before the Committee for Lawyers Admission, which may impose any of the following penalties:
- Reprimand.
- Warning.
- Suspension from practicing law for a period not exceeding three years.
- Removal from the roll of practicing lawyers.
The Implementing Regulations detail the procedures for investigation and disciplinary proceedings.
And guarantee the lawyer’s right to self-defense and to appeal decisions before the competent authority.
Sixth: Civil Liability of the Lawyer
Although the Code of Law Practice mainly governs disciplinary responsibility for ethical and regulatory violations, lawyers may also face civil liability if their misconduct—such as negligence, omissions, or breaches of confidentiality—results in harm to clients.
In such cases, the client may claim compensation, and jurisdiction lies with the competent Personal Status or General Court depending on the nature of the dispute.
Seventh: Guarantees Afforded to Lawyers
The Code provides several guarantees to lawyers while performing their duties, including:
- Immunity from liability for oral or written pleadings before judicial authorities, provided such statements are within legal bounds and professional decorum.
- Protection of the lawyer’s office and correspondence from inspection or seizure, except by a judicial order.
- The right to access case files and represent clients freely.
The professional responsibility of lawyers within the Saudi legal system forms a cornerstone for ensuring high-quality legal services, protecting litigants’ rights.
And building public trust in the justice system.
The Code of Law Practice and its Implementing Regulations establish a balanced framework that clearly outlines duties, sanctions, and protections,
thereby reinforcing the independence and professionalism of legal practice as a fundamental pillar of the judicial system.
At Al-Mashora Law Firm, we go beyond providing legal services. We are fully committed to the provisions of the Code of Law Practice and its Implementing Regulationsز
Ensuring that we practice the profession with the highest levels of integrity, professionalism, and independence.
We believe that trust stems from adherence to the law, and that professional responsibility is the foundation of every sound legal relationship.
Choose Al-Mashoura as your legal partner, and benefit from a licensed, dedicated team.
Also fully aware of all regulatory frameworks as your trusted legal support at every stage.
Al-Mashoraa Law Firm… Commitment that translates into genuine protection for your interests.