Arabic
The Minister of Justice,
based on the powers granted to him by law, and in accordance with article 42 of the Advocacy Law, issued by Royal Decree D/38 dated 28 Rajab 1422 [16 October 2001],
and after perusal of Ministerial Decisions 4649 dated 8 Jumada Al-Thani 1423 [17 August 2002], 3453 dated 24 Dhu Al-Hijja 1442 [3 August 2021], and 1417 dated 19 Rabi Al-Thani 1444 [14 November 2022], and after coordination with the Saudi Bar Association, and in pursuance of the interest of work,
hereby decides
First
The Executive Regulation of the Advocacy Law is hereby approved, in the form attached.
Second
The Code of Professional Conduct for Advocates, issued by Ministerial Decision 3453 dated 24 Dhu Al-Hijja 1442 [3 August 2021], is hereby amended as follows:
1. Rule 9bis is herby added to read as follows:
1. Taking into account the stipulations of article 16 of the law, an advocate who has previously worked in the judiciary—and his equivalent—for a period of three years from the date of the termination of his relationship with it, shall not plead in person, or through another person, in any lawsuit, or provide advice for any incident in the following cases:
(a) If the lawsuit or incident is being considered by a court or committee in which he worked during the last two years of his work.
(b) If the lawsuit or incident is being considered by a court or committee for which the review of the rulings and decisions are within the competence of a court or committee in which he worked during the last two years of his work.
(c) If the lawsuit or incident had the Public Prosecution branch in which he worked during the last two years of his work, take any procedures within the competences of the Public Prosecution.
2. The lawsuits and incidents in which a person who previously worked in the judiciary—or his equivalent—is a party, or a guardian, trustee, supervisor of a waqf, or agent for a spouse, relative, or in-law up to the fourth degree are hereby excluded from the provisions stipulated in paragraph 1 of this rule.
3. The provisions of this rule apply to those who have previously worked in the judiciary and their equivalent, namely:
(a) Judges in the general judiciary, or the Board of Grievances, members of the Public Prosecution, and members of the committees referred to in article 1 of the law.
(b) Technical and administrative employees working in the general judiciary courts or the Board of Grievances, branches of the Public Prosecution, and secretariats of the committees referred to in article 1 of the law.
4. The prohibition stipulated in paragraph 1 of this rule includes all works of the profession, including pleading, representing others, providing Sharia and legal consultations, expressing an opinion, preparing lawsuit documents, and participating in any of these activities with or without a contract.
2. Paragraph 6 of rule 38 is hereby added to read as follows:
6. Those who have previously worked in the judiciary shall not refer to their work in it.
4. Rule 45bis is hereby added to read as follows:
Without prejudice to article 37 of the law, the competent department in the Ministry of Justice shall notify the Control and Anti-Corruption Authority of any decision issued by the Disciplinary Committee regarding a violation of the provisions of rule 9bis of the rules, and of any violation of the rules that falls within the competence of the Control and Anti-Corruption Authority.
Third
This regulation hereby replaces the Executive Regulation of the Advocacy Law, issued by Ministerial Decision 4649 dated 8 Jumada Al-Thani 1423 [17 August 2002] and the following is hereby repealed:
1. Rules for Limiting Conflicts of Interest for Those Who Previously Worked in the Judiciary—and Their Equivalent—when Practicing the Advocacy Profession, issued by Ministerial Decision 1417 dated 19 Rabi Al-Thani 1444 [14 November 2022].
2. Rules for the Control, Filing, and Consideration of Disciplinary Lawsuits, issued by Ministerial Decision 2403 dated 6 Ramadan 1443 [8 April 2022].
3. The Executive Regulations for Regulating Licensing of Foreign Law Firms, issued by Ministerial Decision 186 dated 25 Muharram 1444 [23 August 2022].
Fourth
This decision must be published in the official gazette and comes into force sixty days after the date of its publication.
May Allah provide success.
Minister of Justice
Walid bin Mohammed Al-Samaani
Issued on: 19 Rabi Al-Thani 1446
Corresponding to: 23 October 2024
Published in Umm Al-Qura 5056 issued on 15 November 2024.
