Article 12 of the Saudi Law of Legal Practice

المادة 12 من نظام المحاماة · الباب الثاني: واجبات المحامين وحقوقهم

The Article bars a lawyer from touching on personal matters of his client's opponent or the opponent's lawyer, and requires him to refrain from insults or accusations that affect honor and dignity.

Official text (Arabic)

This article has not been amended since the law was issued.

لا يجوز للمحامي أن يتعرض للأمور الشخصية الخاصة بخصم موكله أو محاميه، وعليه أن يمتنع عن السب أو الاتهام بما يمس الشرف والكرامة.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 12 explained in plain English

This Article sets the limits of what a lawyer may say and do toward the other party in the case, and includes two rules:

Not touching on personal matters of his client's opponent, or of that opponent's lawyer. The dispute concerns the subject of the case, not the personal life of its parties.
Refraining from insults or accusations that affect honor and dignity, whether directed at the opponent or anyone else.

This Article is a specific application of the general principle in Article 11, which requires the lawyer to refrain from any act that undermines the dignity of the profession.

It is also directly connected to Article 13. That Article gives the lawyer freedom to follow the course he considers successful in defending his client and bars holding him accountable for what he says in his pleading where the right of defense requires it, but it begins with the words "subject to what is provided in Article 12". This means that freedom of defense does not extend to touching on the personal matters of the opponent or his lawyer, or to insults or accusations that affect honor and dignity.

For an opponent who believes the other party's lawyer has gone beyond these limits, it would be best to consult a lawyer specializing in the laws regulating the legal profession to learn what he can do.

Practical example

In a commercial dispute before a court in Riyadh, the plaintiff's lawyer wanted to discuss in his memorandum the defendant's family disputes, which have no connection to the subject of the case. This is not permitted under the Article, because it touches on personal matters of his client's opponent, and he must confine his defense to the subject of the dispute.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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