Article 13 of the Saudi Law of Legal Practice
المادة 13 من نظام المحاماة · الباب الثاني: واجبات المحامين وحقوقهم
The Article gives a lawyer freedom to follow the course he considers successful in defense, and bars holding him accountable for what he says in writing or orally where the right of defense requires it, subject to Article 12.
Official text (Arabic)
This article has not been amended since the law was issued.
مع مراعاة ما ورد في المادة الثانية عشرة، للمحامي أن يسلك الطريق التي يراها ناجحة في الدفاع عن موكله، ولا تجوز مساءلته عما يورده في مرافعته كتابيا أو مشافهة مما يستلزمه حق الدفاع.
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 13 explained in plain English
This Article establishes one of the most important rights of a lawyer, freedom of defense, and includes two matters:
- Freedom to choose the course of defense: the lawyer may follow the course he considers successful in defending his client; he is the one who assesses the suitable arguments and defenses.
- No accountability for what he says in his pleading: a lawyer may not be held accountable for what he says in his pleading, whether written or oral, provided it is something the right of defense requires.
Limits of this right: The protection is not absolute, and it is subject to two limits that are apparent in the text:
- What the lawyer said must be something the right of defense requires; what the defense does not need is not covered by this protection.
- He must observe what is provided in Article 12, which bars him 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.
The purpose of this rule is to let the lawyer defend his client forcefully without fear of being held accountable for an argument made in the course of the defense, while preventing this freedom from being exploited to abuse others.
If you have a question about the limits of what a lawyer may say in a particular case, it would be best to consult a lawyer specializing in the laws regulating the legal profession.
Practical example
A lawyer defending an employee in a case before one of the courts states in his memorandum that a witness's testimony is contradictory and supplies the evidence for this. He may not be held accountable for this challenge, because it is something the right of defense requires, as long as he did not touch on the personal matters of the witness or the opponent and did not insult him or accuse him of anything affecting his honor.
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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Frequently asked questions about Article 13 of the Saudi Law of Legal Practice
Is a lawyer held accountable for what he says in his pleading?
He may not be held accountable for what he says in writing or orally where the right of defense requires it, subject to what is provided in Article 12.
Is a lawyer's protection in pleading absolute?
No. It is limited to what the right of defense requires, and is subject to not touching on the personal matters of the opponent or his lawyer and not insulting or accusing in a way that affects honor and dignity.
Who decides how to defend a case?
The lawyer may follow the course he considers successful in defending his client.
Articles this article refers to
More articles on Rights of the Lawyer
- Article 19
The Article requires courts, the Board of Grievances, committees, official departments and investigating authorities to give a lawyer facilities, let him inspect papers and attend investigations, and bars refusing his requests without a legitimate reason.
على المحاكم وديوان المظالم واللجان المشار إليها في المادة الأولى من هذا النظام، والدوائر الرسمية وسلطات التحقيق، أن تقدم للمحامي التسهيلات التي يقتضيها القيام ب
- Article 22
The Article requires a lawyer to return the power of attorney and original documents to his client when the agency ends and he asks, and allows him to keep them until the due fees and the cost of copies are paid.
على المحامي عند انقضاء التوكيل ، أن يرد لموكله عند طلبه سند التوكيل والمستندات والأوراق الأصلية، ومع ذلك يجوز له إذا لم يكن قد حصل على أتعابه أن يستخرج على نفقة
- Article 24
The Article bars hearing a client's claim against his lawyer for the papers and documents deposited with him after 5 years from the end of his task, unless the client requested them earlier by registered letter with acknowledgment of receipt.
لا تُسمع دعوى الموكل في مطالبة محاميه بالأوراق والمستندات المودعة لديه بعد مضي خمس سنوات من تاريخ انتهاء مهمته، إلا إذا طلبها الموكل قبل مضي هذه المدة بكتاب مسج
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.