Article 16 of the Saudi Law of Legal Practice
المادة 16 من نظام المحاماة · الباب الثاني: واجبات المحامين وحقوقهم
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.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز لمن كان قاضيا قبل مزاولة مهنة المحاماة أن يقبل الوكالة بنفسه أو بوساطة محام آخر في دعوى كانت معروضة عليه.
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 16 explained in plain English
This Article addresses the position of someone who moves from the judiciary to the legal profession, and protects the impartiality of the judiciary and litigants' trust in it.
- Who is covered? Anyone who was a judge before practicing the legal profession.
- What is prohibited? Accepting agency in a case that was before him during his work in the judiciary.
- Can it be done through another lawyer? No. The prohibition covers accepting agency himself or through another lawyer.
The prohibition here is tied to the very case that was before him, so the text does not itself cover other cases that were not before him. Nor does the text set a period after which this prohibition ends.
The reason is clear: a judge who heard a case saw its papers and the parties' defenses, and if he later acted in it for one of the parties he would benefit from that at the expense of the other, and trust in the judiciary would suffer.
The Article is connected to Article 15, which bars a lawyer from accepting agency for his client's opponent in a case in which he previously accepted agency, and to Article 17, which bars a person who gave an opinion in a case as an employee, arbitrator or expert from accepting agency in it. If you find that your opponent's lawyer was a judge in your case, it would be best to consult a lawyer specializing in the laws regulating the legal profession.
Practical example
A lawyer who served as a judge in one of the courts had a land dispute case before him before he moved to practicing law. After he was licensed, one of the parties to that case asked him to act for him in it. He may not accept the agency, nor handle it through another lawyer working for his account.
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 16 of the Saudi Law of Legal Practice
May a former judge plead in a case that was before him?
No. A person who was a judge before practicing law may not accept agency, himself or through another lawyer, in a case that was before him.
Is a former judge barred from all cases?
The Article concerns the case that was before him and does not itself cover others.
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 14
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.
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 سنوا
- 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 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.