Disciplinary Actions Against Lawyers Under Saudi Law
Mohamed W. Abouyounes*, Fawaz k. ALMotairi
The integrity of the legal profession is pivotal to upholding justice and public trust in judicial systems, necessitating robust disciplinary mechanisms to address professional misconduct. In Saudi Arabia, the legal framework governing lawyers’ conduct has evolved significantly, particularly through the Code of Law Practice and its amendments. This research examines the regulatory structure for disciplining lawyers under Saudi law, focusing on the formation and competencies of the Disciplinary Committee, procedural safeguards during investigations, appeal mechanisms, and the types of penalties imposed. The study aims to analyze the adequacy of legal protections for lawyers during disciplinary proceedings and propose reforms to enhance transparency and fairness. A qualitative doctrinal methodology is employed, systematically analyzing primary sources such as the Code of Law Practice (Royal Decree M/38/1422H) and its 2024 Implementing Regulations, alongside secondary literature including scholarly articles and legal commentaries. The research dissects the legal provisions governing disciplinary actions, emphasizing the committee’s composition, procedural fairness, and enforcement of penalties. Key findings reveal that the Disciplinary Committee comprises a judge, an experienced lawyer, and a third expert appointed by the Minister of Justice, with decisions appealable to the Board of Grievances. Safeguards such as the right to defense, impartiality requirements, and closed proceedings aim to balance accountability with fairness. However, ambiguities persist, including undefined expertise for the third committee member and limited oversight over initial complaint dismissals. Disciplinary penalties range from warnings to license revocation, with significant consequences for lawyers’ careers. The study concludes that while Saudi law establishes a structured disciplinary system, gaps in procedural clarity and oversight necessitate reforms. Recommendations include clarifying committee members’ qualifications, refining suspension protocols, and aligning regulatory language to avoid contradictions. These measures aim to strengthen legal safeguards, ensuring disciplinary actions uphold both professional standards and lawyers’ rights.
Keywords: Disciplinary Actions Against Lawyers; Code of Law Practice ;Disciplinary Penalties; Investigation Safeguards; Appeals,Disciplinary Committee for Lawyers.
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References: 1. The Code of Law Practice issued by Royal Decree No. M/38 dated 28/07/1422H-15/01/2001 A.D, as amended.
2. The Implementing Regulations of the Code of Law Practice issued by Minister of Justice Resolution No. 676 dated 19/04/1446H-22/10/2024 A.D.
3. The Professional Conduct Rules for Lawyers issued by Minister of Justice Resolution No. (3453) dated 24/12/1442H-4/12/2020 A.D.
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