Article 32 of the Saudi Law of Legal Practice
المادة 32 من نظام المحاماة · الباب الثالث: تأديب المحامي
The Article requires the lawyer to be notified by official letter stating the violation and its evidence at least 15 days before the hearing, allows him to attend or appoint an agent, and permits a decision in absentia after he has been notified twice.
Official text (Arabic)
This article has not been amended since the law was issued.
يُبلغ المحامي بالحضور أمام لجنة التأديب بخطاب رسمي، تبين فيه المخالفة المنسوبة إليه وأدلتها بإيجاز، وذلك قبل موعد الجلسة المحددة بمدة لا تقل عن خمسة عشر يوما. ويجوز للمحامي أن يحضر بنفسه أو يوكل محاميا عنه، وللجنة التأديب أن تأمر بحضوره شخصيا أمامها، وإذا تخلف عن الحضور بعد إبلاغه مرتين، جاز للجنة إصدار قرارها غيابيا.
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 32 explained in plain English
This Article sets safeguards for a lawyer referred to the Disciplinary Committee, so that he knows what is attributed to him and can prepare to defend himself.
How notification is made:
- Notification to appear is by official letter.
- The letter must state briefly the violation attributed to the lawyer and its evidence.
- The notification must arrive before the hearing date by a period of not less than 15 days.
Attendance: The lawyer may attend himself or appoint a lawyer to act for him. But the Disciplinary Committee may order him to appear before it in person, in which case attendance by an agent is not enough.
Absence: If the lawyer fails to attend after being notified twice, the committee may issue its decision in his absence. Absence after a single notification is therefore not enough under the text of the Article to issue a decision in absentia, and a decision in absentia is permitted for the committee, not obligatory on it.
This Article is connected to Article 31, which establishes the Disciplinary Committee and sets its composition, and to Article 33, which requires the decision to be issued after hearing the accusation and the lawyer's defense and to be reasoned. Anyone who has received a summons letter before the Disciplinary Committee would do well to consult a lawyer specializing in the laws regulating the legal profession to prepare his defense.
Practical example
A lawyer in Riyadh received an official letter stating the violation attributed to him and its evidence, with a hearing date 20 days later. He was traveling, so he appointed a colleague to attend for him, which is permitted unless the committee orders his personal attendance. If he were absent without an agent, the committee may not issue its decision in absentia unless he failed to attend after being notified twice.
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 32 of the Saudi Law of Legal Practice
How many days before the hearing must a lawyer be notified before the Disciplinary Committee?
He must be notified before the hearing date by a period of not less than 15 days, by official letter stating briefly the violation and its evidence.
May a lawyer appoint another lawyer before the Disciplinary Committee?
Yes. He may attend himself or appoint a lawyer to act for him, unless the committee orders his personal attendance.
When does the Disciplinary Committee issue a decision in absentia?
It may do so if the lawyer fails to attend after being notified twice.
More articles on Lawyer Discipline and Penalties
- Article 29Amended (1443 AH)
The Article provides for striking off a lawyer and a foreign law office on conviction for a crime involving moral turpitude or dishonesty, and sets professional penalties: a warning, suspension up to 3 years, striking off, and a fine up to SAR 300,000.
1- يشطب اسم المحامي المرخص له من الجدول ويلغى ترخيصه إذا حكم عليه بعقوبة في جريمة مخلة بالشرف أو الأمانة. 2- يشطب مكتب المحاماة الأجنبي المرخص له من سجل مكاتب ا
- Article 30Amended (1443 AH)
The Article authorizes the Minister of Justice to issue rules and procedures for detection, bringing the disciplinary case and hearing it, in a manner suited to its nature.
يصدر وزير العدل قواعد وإجراءات الضبط ورفع الدعوى التأديبية ونظرها بما يتناسب مع طبيعتها
- Article 31
The Article establishes the Disciplinary Committee by decision of the Minister of Justice, sets its composition, members' terms and how it meets, and allows appeal of its decisions to the Board of Grievances within 60 days.
يشكل وزير العدل بقرار منه، لجنة أو أكثر للنظر في توقيع العقوبات التأديبية الواردة في المادة التاسعة والعشرين من هذا النظام، وتسمى (( لجنة التأديب )). وتكون من ق
- Article 33
The Article requires the disciplinary decision to be reasoned and issued after hearing the accusation and the defense in a closed session, and regulates its notification, recording, and the publication of the operative part of a final striking-off or suspension decision at the lawyer's expense.
يصدر قرار لجنة التأديب بعد سماع الاتهام ودفاع المحامي، ويجب أن يكون القرار مسببا، وأن تتلى أسبابه كاملة عند النطق به في جلسة سرية، وتبلغ وزارة العدل منطوق القرا
- Article 34
The Article allows a lawyer to object to a disciplinary decision in absentia within 15 days of notification or receipt of a copy, with the objection submitted by him or his agent to the Disciplinary Committee through its chairman.
يجوز للمحامي أن يعترض على القرار الغيابي الذي يصدر بحقه خلال خمسة عشر يوما من تاريخ تبليغه أو تسلم صورة منه، ويقدم الاعتراض من المحامي أو وكيله إلى لجنة التأديب
- Article 35
This article moves a suspended lawyer to the list of non-practicing lawyers, bars him from opening his office, penalizes practice during suspension with removal and license cancellation, and leaves pending cases to rules issued by the Minister.
يترتب على الإيقاف عن مزاولة مهنة المحاماة نقل اسم المحامي الموقوف من جدول المحامين الممارسين إلى جدول المحامين غير الممارسين. ولا يجوز للمحامي الموقوف فتح مكتبه
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.