Article 14 of the Saudi Law of Legal Practice
المادة 14 من نظام المحاماة · الباب الثاني: واجبات المحامين وحقوقهم
The Article bars a lawyer from accepting a case or giving a consultation against a body he works for or whose relationship ended less than 5 years ago, or against his client under a part-time contract within 3 years.
Official text (Arabic)
This article has not been amended since the law was issued.
1- لا يجوز للمحامي بنفسه أو بوساطة محام آخر أن يقبل أي دعوى أو يعطي أي استشارة ضد جهة يعمل لديها، أو ضد جهة انتهت علاقته بها، إلا بعد مضي مدة لا تقل عن خمس سنوات من تاريخ انتهاء علاقته بها.
2 - لا يجوز للمحامي الذي يعمل لموكله بصفة جزئية بموجب عقد أن يقبل أي دعوى أو يعطي أي استشارة ضد موكله قبل مضي ثلاث سنوات على انتهاء العقد.
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 14 explained in plain English
This Article addresses conflicts of interest arising from a past or existing relationship between the lawyer and a particular body, and includes two rules:
First rule (paragraph 1): A lawyer may not, himself or through another lawyer, accept any case or give any consultation:
- against a body he works for; or
- against a body with which his relationship has ended, except after a period of not less than five years from the date his relationship with it ended.
Second rule (paragraph 2): A lawyer who works for his client on a part-time basis under a contract may not accept any case or give any consultation against his client before three years have passed since the contract ended.
Note that the prohibition covers both cases and consultations, and that the first paragraph closes the route of evasion by instructing another lawyer to do the same work. The period is counted from the date the relationship ended in the first paragraph, and from the date the contract ended in the second.
The Article is connected to Article 15, which bars a lawyer from accepting agency for his client's opponent or giving him any help in a case in which he previously accepted agency or in a related case, even after his agency has ended. If you want to check whether it is proper to appoint a lawyer who previously worked for the other party, it would be best to consult a lawyer specializing in the laws regulating the legal profession.
Practical example
A lawyer who worked as in-house legal adviser at a company in Riyadh left the company two years ago, and a client has now offered him a case against that company. He may not accept the case, nor refer it to another lawyer to act for him, until at least five years have passed from the date his relationship with the company ended.
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 14 of the Saudi Law of Legal Practice
May a lawyer bring a case against his former employer?
Not until at least five years have passed from the date his relationship with it ended, and not himself or through another lawyer.
May a part-time contract lawyer plead against his client?
He may not accept a case or give a consultation against his client before three years have passed since the contract ended.
Does the prohibition also cover consultations?
Yes. The Article bars accepting any case or giving any consultation against those bodies.
More articles on Duties of the Lawyer
- Article 11
The Article requires a lawyer to practice his profession in accordance with Sharia principles and the laws in force, to refrain from anything that undermines its dignity, and to respect the rules and instructions issued for it.
على المحامي مزاولة مهنته وفقا للأصول الشرعية والأنظمة المرعية، والامتناع عن أي عمل يخل بكرامتها، واحترام القواعد والتعليمات الصادرة في هذا الشأن.
- Article 12
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.
لا يجوز للمحامي أن يتعرض للأمور الشخصية الخاصة بخصم موكله أو محاميه، وعليه أن يمتنع عن السب أو الاتهام بما يمس الشرف والكرامة.
- Article 15
The Article bars a lawyer, himself or through another, from accepting agency for his client's opponent or giving him any help in the same case or a related case, even after his agency has ended.
لا يجوز للمحامي بنفسه أو بوساطة محام آخر أن يقبل الوكالة عن خصم موكله أو أن يبدي له أي معونة، ولو على سبيل الرأي في دعوى سبق له أن قبل الوكالة فيها أو في دعوى ذ
- Article 16
The Article bars a person who was a judge before practicing law from accepting agency, himself or through another lawyer, in a case that was before him.
لا يجوز لمن كان قاضيا قبل مزاولة مهنة المحاماة أن يقبل الوكالة بنفسه أو بوساطة محام آخر في دعوى كانت معروضة عليه.
- Article 17
The Article bars a person who gave an opinion in a case as an employee, arbitrator or expert from accepting agency in that case.
لا يجوز لمن أبدى رأيه في قضية بصفته موظفا أو محكما أو خبيرا، أن يقبل الوكالة في تلك القضية.
- Article 20
The Article requires a lawyer or agent to submit the original of his power of attorney or a certified copy at the first hearing, and explains the effect of the client attending with him and of an officially certified general power of attorney.
يجب على المحامي أو الوكيل، أن يقدم أصل توكيله أو صورة منه مصدقا عليها إلى المحكمة أو ديوان المظالم أو اللجان المشار إليها في المادة الأولى من هذا النظام، في أول
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.