Issued by Ministerial Resolution No. 186 dated 25/01/1444 AH
The Executive Regulations for Licensing Foreign Law Firms issued by Ministerial Resolution No. 186 dated 25/01/1444 AH is officially published on 27/02/1444 AH corresponding to 23/09/2022 G (the “Executive Regulations”), where its provisions included a reference to hiring a non-Saudi consultant, which is the subject of this short article.
The Code of Law Practice issued by Royal Decree No. M/38 dated 28/07/1422 AH (the “Law”) included provisions related to hiring a non-Saudi consultant pursuant to an employment contract, which is restricted by the following conditions applicable on such consultant:
- Having a lawyer’s license.
- Having more than 5 years of experience.
- Being registered in the membership of the Saudi Bar Association.
- Refraining from pleading before the Courts, the Board of Grievances and the Committees.
It is also worth noting that the Executive Regulations stipulated that in order for the requirement of having a lawyer’s license according to a foreign law to be considered acceptable, the standards for licensing according to that law must not be less than the standards approved for licensing in the Saudi Arabia.
The Executive Regulations defined the non-Saudi consultant as the consultant registered in the register of non-Saudi consultants at the Ministry of Justice, which restricted the hire of a non-Saudi consultant by its prior registration in that register. The duties of a non-Saudi consultant include adherence to the rules of professional conduct for lawyers, and the ethics of the profession, and his violation of any of them leads to de-listing from the register.