Article 17 of the Saudi Law of Legal Practice
المادة 17 من نظام المحاماة · الباب الثاني: واجبات المحامين وحقوقهم
The Article bars a person who gave an opinion in a case as an employee, arbitrator or expert from accepting agency in that case.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز لمن أبدى رأيه في قضية بصفته موظفا أو محكما أو خبيرا، أن يقبل الوكالة في تلك القضية.
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 17 explained in plain English
This Article completes the rules preventing conflicts of interest, dealing with someone who previously took part in a case in a capacity other than lawyer and then wants to act in it as an agent.
Conditions for applying the prohibition:
- The person must have given his opinion in the case; the rule is tied to giving an opinion.
- This must be in one of three capacities: as an employee, an arbitrator, or an expert.
The effect: he may not accept agency in that case. The prohibition is specific to the case in which he gave his opinion.
The reason is that someone who gave an opinion in the case in an official or technical capacity, such as an employee who studied it, an arbitrator who decided it, or an expert who submitted his report, has seen its details and taken a position on it, so he may not become an agent for one of its parties.
The Article is connected to Article 16, which 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. Note that the text of this Article does not include the phrase "through another lawyer" that appears in Article 16.
If you learn that the other party's lawyer was previously an expert or arbitrator in your case, it would be best to consult a lawyer specializing in the laws regulating the legal profession to assess the position.
Practical example
An engineer submitted an expert report in a dispute over building defects in Riyadh, and later obtained a law license. One of the parties to the same dispute asked him to act for him. He may not accept the agency in that case because he gave his opinion in it as an expert.
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 17 of the Saudi Law of Legal Practice
May an arbitrator become a lawyer for one of the parties in the same case?
No. A person who gave his opinion in a case as an arbitrator may not accept agency in that case.
Who is covered by the prohibition in this Article?
A person who gave his opinion in a case as an employee, arbitrator or expert, and the prohibition applies to that specific case.
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 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 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.