Disciplinary Actions Against Lawyers Under Saudi Law

Abstract

The integrity of the legal profession is essential to upholding justice and public trust, requiring effective mechanisms to address professional misconduct. In Saudi Arabia, the regulatory framework for lawyers’ conduct has developed through the Code of Law Practice and its amendments. This study examines disciplinary procedures under Saudi law, focusing on the Disciplinary Committee’s composition and powers, procedural safeguards, appeals, and penalties. It evaluates whether existing protections sufficiently ensure fairness and proposes reforms to enhance transparency. Using a qualitative doctrinal approach, the research analyzes primary sources such as the Code of Law Practice (Royal Decree M/38/1422H) and its 2024 Implementing Regulations, along with scholarly commentaries. Findings show the Disciplinary Committee includes a judge, an experienced lawyer, and a third expert appointed by the Minister of Justice, with decisions appealable to the Board of Grievances. Safeguards like the right to defense, impartiality standards, and closed proceedings seek to balance accountability with fairness. Yet, ambiguities remain, particularly the undefined expertise of the third committee member and limited oversight of dismissed complaints. Penalties range from warnings to license revocation, carrying significant professional consequences. The study concludes that while Saudi law provides a structured disciplinary system, gaps in procedural clarity and oversight persist. Recommended reforms include clarifying committee qualifications, refining suspension rules, and harmonizing regulatory language. These measures would reinforce legal safeguards, ensuring disciplinary actions uphold professional standards while protecting lawyers’ rights.