Article 28 of the Saudi Law of Legal Practice
المادة 28 من نظام المحاماة · الباب الثاني: واجبات المحامين وحقوقهم
The Article provides that if the lawyer dies and his heirs and the client do not agree on the fees, the court that heard the case sets them in light of effort and benefit, the stage of the case and the agreement made.
Official text (Arabic)
This article has not been amended since the law was issued.
في حالة وفاة المحامي وعدم اتفاق الورثة والموكل على تحديد الأتعاب ، تقدر المحكمة التي نظرت في القضية أتعابه في ضوء الجهد المبذول والنفع الذي عاد على الموكل والمرحلة التي بلغتها القضية والاتفاق المعقود.
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 28 explained in plain English
This Article deals with a special case: the death of the lawyer and the resulting rights to fees.
Conditions for applying the rule:
- the lawyer dies;
- and the heirs and the client do not agree on setting the fees.
If the heirs and the client agree, there is no need for the court to intervene.
Who sets the fees? The court that heard the case.
The four criteria for setting them:
- The effort exerted by the lawyer.
- The benefit that accrued to the client.
- The stage the case had reached at the death.
- The agreement made between the lawyer and the client, if any.
It is understood from these criteria that the court does not rest on the agreed amount alone, but considers it among other factors, the most important of which is what the lawyer actually accomplished before his death.
The Article is connected to Article 27, which allows the client to dismiss his lawyer and requires him to pay the full agreed fees if the dismissal is proved to be without a legitimate reason, unless the competent court decides otherwise. If you are an heir of a lawyer, or the client of a lawyer who has died, it would be best to consult a lawyer specializing in fee and estate matters to assess your position.
Practical example
A lawyer was handling a case for Salman, and they agreed specific fees. The lawyer died after making progress in the case. His heirs disagreed with Salman over the amount due, so the court that heard the case sets the fees in light of the lawyer's effort, the benefit that accrued to Salman, the stage the case had reached, and the agreement between them.
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 28 of the Saudi Law of Legal Practice
Are a lawyer's heirs entitled to his fees after his death?
If the heirs and the client do not agree on setting the fees, the court that heard the case sets them.
How does the court set the fees of a deceased lawyer?
In light of the effort exerted, the benefit that accrued to the client, the stage the case had reached, and the agreement made.
More articles on Legal Fees
- 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 26Amended by M/21
The Article makes the lawyer's fees and how they are paid a matter of agreement with his client, and if there is none, or it is void, or it is rescinded or terminated, the court sets them on dispute according to effort and benefit.
تحدد أتعاب المحامي وطريقة دفعها باتفاق يعقده مع موكله، فإن لم يوجد اتفاق أو كان الاتفاق باطلاً أو فُسخ أو انفسخ، قدرتها المحكمة التي نظرت في القضية عند اختلافهم
- Article 27
The Article allows a client to dismiss his lawyer, and requires him to pay the full agreed fees if the dismissal is proved to be without a legitimate reason, unless the competent court decides otherwise.
للموكل أن يعزل محاميه، وعليه أن يدفع كامل الأتعاب المتفق عليها إذا ثبت أن العزل بسبب غير مشروع، ما لم تر المحكمة المختصة بنظر القضية غير ذلك بالنسبة للعزل وكامل
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.