Such regulations intend to regulate and advance the law profession, enhancing the efficiency of law practices and protecting the rights of both lawyers and clients. The regulations are designed to align the legal profession with global best practices and set forth clear frameworks that not only enhance professional performance but also uphold the utmost standards of transparency and ethical integrity. In line with these developments, Dr. Fahad Alrefaei & Partners Consulting & Law Firm has taken the initiative to clarify the key features of the code of law practice shedding light on the amendments and additions that support the pursuit of justice in the Kingdom and foster a professional landscape that elevates the quality of legal services.

A key feature of the implementing regulation of the code of law practice is the facilitation of digital transformation procedural development in all registration and licensing processes, as the Lawyers Registration Committee shall have the right to request any necessary documents or records to verify that licensing requirements are met. Applicants shall be required to submit such documents within thirty days of notification; otherwise, the application will be considered void. Once all requirements are met and licensing fees are paid, the lawyer shall be registered on the list of practicing lawyers, and a law practice license shall be issued. In cases where an application for registration is denied, the applicant shall be informed and may subsequently submit a new application once the grounds for rejection have been resolved.

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The Lawyers Registration Committee shall hold regular meetings according to the approved schedule or at the request of the Chair when necessary, and such meetings may also be held remotely through approved electronic means. The Committee shall meet with all members present, and its decisions shall be adopted by majority vote. Additionally, members shall have the right to register a reservation on any decision, with the reasons for such reservations documented in the meeting minutes.

Another key feature of the implementing regulation of the code of law practice is the reinforced obligation of partner or shareholder lawyers in professional firms to report any instance of unlicensed law practice by their fellow partners or shareholders. Upon establishing a professional firm, partner or shareholder lawyers shall inform the relevant authority, submitting a copy of the memorandum and articles of association, as applicable, within thirty days of the firm’s formation. In cases where a partner’s name is removed from the list of practicing lawyers or transferred to the non-practicing list, the remaining partners or shareholders shall amend the firm’s memorandum and articles of association in accordance with the Companies Law, ensuring that any cases or consultations previously handled by the affected partner are reassigned to other licensed colleagues. They shall also notify the relevant authority of the actions taken within thirty days of the removal or transfer. Moreover, it is the responsibility of every partner or shareholder lawyer to promptly report to the relevant authority any instance of unlicensed law practice by another partner or shareholder.

Another prominent feature of the implementing regulation of the code of law practice is the regulation of practicing law through intermediary electronic platforms, clearly defining the obligations lawyers shall fulfill when offering their services on such platforms, and setting specific requirements for lawyers to observe when conducting any professional work through an intermediary electronic platform as follows:

• The lawyer shall comply with the provisions of the law, the regulations, the rules of professional conduct for lawyers, and all relevant regulations.
• The lawyer shall preserve clients’ privacy, verify the confidentiality of data shared through the platform, and steer clear of both current and potential conflicts of interest, while upholding standards that reflect the integrity and honor of the profession.
• The lawyer shall ensure that the platform through which the lawyer provides services complies with relevant regulations, maintains client data confidentiality, and prevents any misuse of such data in accordance with applicable laws and guidelines; however, a lawyer shall be exempt from such obligation if providing services through an intermediary electronic platform approved by the Saudi Bar Association.

One of the key features of the implementing regulations of the code of law practice is to regulate the contractual relationship between the trainee and the lawyer under an employment contract. For a trainee to be registered, the following requirements shall be fulfilled:

• The trainee shall meet the requirements for registration on the list of practicing lawyers, except for the work experience requirement.
• The lawyer under whom a trainee is registered, or one of the partners in the law firm where the trainee is registered, shall have a minimum of three years of professional experience.
• The trainee’s registration period shall not exceed four years.
• The number of trainees with a lawyer or law firm shall not exceed the limit set by the relevant authority.
• The trainee shall not be registered with another lawyer, nor employed by another lawyer.

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The implementing regulations of the code of law practice regulate the responsibilities of those licensees to represent a private legal personality, as well as the applicant shall met the following requirements:

• The applicant shall obtain a bachelor’s degree in Sharia or Law from a Saudi university, or an equivalent qualification.
• The applicant shall be employed by the private legal personality under an employment contract in accordance with the provisions of the Labor Law.

The licensee, who represent the private legal personality, shall comply with the following:

• The Rules of Professional Conduct for Lawyers, the ethics of the profession specified in the law and its implementing regulations, and the relevant regulations.
• The licensee shall not represent anyone other than the private legal personality or the affiliated firms for which the licensee is authorized to act.
• The licensee shall not impersonate a lawyer or mislead others into believing that they are a licensed lawyer by any means whatsoever.

Another key feature of the implementing regulations of the code of law practice is the regulation of provisions related to foreign law offices, specifically those operating as branches of foreign offices providing consultancy on Saudi laws through lawyers registered on the list of practicing lawyers. To obtain a license, it is required that no final judgment has been issued against the foreign law office for a crime involving dishonor or breach of trust, or a final decision for a serious professional violation in any country where the firm practices, unless at least five years have passed since the judgment or decision was executed. Additionally, the foreign law office shall be based in a country recognized as economically advanced according to internationally accepted indicators and standards, and for the representation or partnership to be approved, the firm shall be duly authorized to practice law within that country or region. Furthermore, the firm shall have a physical office there with no fewer than three employees actively engaged in legal practice.

The partner representing the foreign law office in the Kingdom shall meet the following requirements:

• To be licensed to practice the profession in accordance with the provisions of the Law or any other foreign law regulating the Practice of Law Profession.
• To have experience in the relevant nature of work for a period of not less than ten years; of which three years after obtaining a license to Practice the Law Profession.
• Shall not have been sentenced a final judgment in a crime that impugns integrity; or a final decision in a serious professional violation in any country in which it practices the profession - except where a minimum period of five years has elapsed since the execution of said judgment or decision.

Another key feature of the implementing regulations of the code of law practice is the regulation of provisions for foreign law offices operating as branches to provide consultancy on Saudi laws. If the office takes the form of a professional company with one or more Saudi lawyers recorded in the list of practicing lawyers, the firm shall comply with the following:

• One of the Saudi partners shall have an experience in the nature of work for period of not less than seven years.
• One of the Saudi partners or shareholders shall be a director of the firm, and a non-Saudi director may be appointed, provided that the representation of the Saudi partners or shareholders licensed to practice the profession in the Board of Directors, as the case may be, is not less than a quarter of the votes represented in the Board.

In order for a foreign law office to provide consultancy on Saudi laws, it is required that the office employs a lawyer registered on the list of practicing lawyers who meets the following requirements for providing the consultancy:

• The foreign law office shall employ the lawyer under an employment contract in accordance with the provisions of the Labor Law.
• The lawyer shall have at least three years of relevant work experience after obtaining their license.

Another key feature of the implementing regulations of the code of law practice is the clarification of disciplinary provisions, assigning the relevant authority the responsibility for oversight, inspection, violation enforcement, and verification of complaints and reports. For carrying out such duties, the authority shall have the following powers:

• Visiting the professional practice premises to verify that the licensee complies with laws and instructions.
• Reviewing the necessary documents, records, and licenses to ensure that the licensee complies with laws and instructions.
• Requesting an affidavit from the licensee regarding the alleged violation and, when necessary, hearing the testimony of the plaintiff and any relevant parties.

The competent authority shall also be responsible for investigating violations, ensuring the guarantees of the investigation, including: Confronting the individual under investigation with the alleged violation and providing them an opportunity to defend themselves. The investigation may take place in person or remotely, either verbally or in writing, through authorized electronic channels, as deemed appropriate by the relevant authority.

On the other hand, the procedures for looking into and pleading the case are written, and the Disciplinary Committee may, either of its own accord or at the request of the relevant authority or the licensee, hear the defense of the licensee in person or remotely through approved electronic means.
Additionally, the disciplinary sessions shall be confidential, and the Disciplinary Committee shall prepare a record for each session that includes the case details, the parties involved, and a summary of the proceedings. If the Disciplinary Committee or the relevant authority determines that the violation under investigation involves a crime, they shall notify the appropriate authority, as well as it shall decide on how to proceed with the disciplinary case and issues its decision within sixty days from the date the case is registered, with the possibility of an extension for an additional similar period if necessary. The Disciplinary Committee’s decision to impose a penalty shall include the violator’s details, a description of the violation, the evidence supporting it, the reasoning behind the decision, and responses to the violator’s substantial defenses.

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In conclusion, the implementing regulations of the code of law practice in Saudi Arabia mark a pivotal advancement in the nation’s legal field, underscoring the Kingdom’s dedication to elevating both efficiency and transparency in law. Far beyond simply structuring the profession, such regulations act as a cornerstone for protecting the rights of lawyers and their clients alike, fostering a legal environment built on security and trust. Moreover, such regulations elevate the stature of the legal profession by upholding high standards and a firm commitment to ethical practices, ultimately supporting the realization of justice and promoting sustainable legal development within the Kingdom.

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