Former judges can now become lawyers

Former judges can now become lawyers

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Many judges after retiring or resigning venture toward practicing law, given their experience in the judiciary.

Therefore, the Saudi Ministry of Justice in coordination with the Anti-Corruption Authority and the Saudi Bar Association prepared a set of rules to address any potential conflict of interest that may result from the practice of the legal profession by those who have previously worked as judges.

A person who has previously worked in the judiciary for a period of three years from the date of his termination or resignation from the judiciary, may not plead by himself or by another person in any case, or provide advice in any incident in the specific conditions and situations.

For example, the person cannot be assigned as a litigator or lawyer in a case that is pending before a court or a committee in which he worked in the last two years of his job as a judge. Also, the conditions include any case or procedures of appeal.

Since this covers the public prosecution also, the person cannot litigate or practice law in a case or procedure that has been taken by the Public Prosecution branch in which he used to work for in the last two years of his job.

The prohibition also includes practicing all the tasks of the legal profession, including pleading, representing others, providing legal and regulatory consultations, expressing opinions, preparing lawsuit documents, and participating in any of these acts, with or without a contract.

Former judges who wish to practice law must also observe the obligations stipulated in the relevant laws and regulations, as well as verifying and ensuring that they are not violating any of the rules before agreeing to carry out any of the profession’s work.

Dimah Talal Alsharif is a Saudi legal consultant, head of the health law department at the law firm of Majed Garoub and a member of the International Association of Lawyers. Twitter: @dimah_alsharif


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