Article 23 of the Saudi Law of Legal Practice
المادة 23 من نظام المحاماة · الباب الثاني: واجبات المحامين وحقوقهم
The Article bars a lawyer from disclosing a secret entrusted to him or learned through his profession, even after his agency ends, unless a Sharia requirement conflicts with that, and from abandoning a case without a legitimate reason.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز للمحامي أن يفشي سرا اؤتمن عليه أو عرفه عن طريق مهنته ولو بعد انتهاء وكالته ما لم يخالف ذلك مقتضى شرعيا، كما لا يجوز له بدون سبب مشروع أن يتخلى عما وكل عليه قبل انتهاء الدعوى.
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 23 explained in plain English
This Article contains two essential duties in the relationship between a lawyer and his client:
First: keeping secrets. A lawyer may not disclose:
- a secret entrusted to him; or
- a secret he learned through his profession.
This obligation continues even after his agency ends. The only exception the text mentions is unless a Sharia requirement conflicts with that; the Article does not detail the cases in which this arises.
Second: not abandoning the case. A lawyer may not, without a legitimate reason, abandon what he was appointed to handle before the case ends. The Article does not prohibit withdrawal absolutely, but requires that there be a legitimate reason for it, and it does not list these reasons.
This Article reassures a party to a case that what he confides to his lawyer stays protected, and that the lawyer will not leave him halfway without justification.
The Article is connected to Article 22, which regulates returning the client's documents and papers when the agency ends, and to Article 24, which sets the period for hearing a client's claim against his lawyer for the papers and documents deposited with him. If a lawyer discloses your secret or abandons your case, it would be best to consult a lawyer specializing in the laws regulating the legal profession to learn the available options.
Practical example
Layla told her lawyer private financial details in a family case, and then his agency ended. He may not afterward reveal these details to anyone, because his obligation to keep the secret continues after the agency ends unless a Sharia requirement conflicts with that.
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 23 of the Saudi Law of Legal Practice
May a lawyer reveal my secrets after the agency ends?
No. He may not disclose a secret entrusted to him or learned through his profession, even after his agency ends, unless a Sharia requirement conflicts with that.
May a lawyer withdraw from a case before it ends?
He may not abandon what he was appointed to handle before the case ends, except for a legitimate reason.
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 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.
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.