Legal Ethics ETHC 351 Topic 8(B) Quiz

Code/Rules of Professional Conduct for Lawyers

• The Code provides guidelines for lawyers practicing in the Kingdom, divided into 8 chapters:
  • General provisions and rules
  • Lawyer-client relationship
  • Consultation
  • Litigation
  • Lawyer dealings with non-clients
  • Lawyer dealing with the media
  • Law firms
  • Final provisions

Chapter 1 – General Provisions & Rules

• Rule 2 aims to:
  • Develop and raise standards of the legal profession
  • Regulate lawyers' responsibility and define their responsibilities towards clients, colleagues, judicial authorities, and society
  • Enhance legal protection of lawyers, clients, and other concerned parties
  • Promote transparency and accountability in professional practices
  • Improve the efficiency of the justice system's performance
• Rule 3: Lawyers must maintain the honor and dignity of the profession and not act in any way that undermines public trust
• Rule 4: Lawyers must be suitably dressed and maintain a professional appearance
• Rule 5: Lawyers must conduct themselves with honor, honesty, and integrity, both personally and professionally
• Rule 6: Lawyers must strive for continuous learning and development to practice with the highest degree of professionalism

Chapter 2 – Lawyer-Client Relationship

• Rule 11: Before agreeing to exercise legal work, lawyers must ensure:
  • Their ability and readiness to perform tasks in a timely manner
  • No conflict of interest between the client and former or current clients
  • Client's identity and eligibility
• Rule 12: Lawyers must draft a written contract with their client, including:
  • Parties' personal information
  • Legal work, subject matter, and expected timeframe
  • Fees or method of calculation
• Rule 13: Fees must be determined according to the contract, taking into account:
  • Time, effort, skills, and capacities required
  • Fees charged by counterparts in the local market
  • Impact on the lawyer's relationship with other clients
  • Nature and duration of the professional relationship
  • Lawyer's professional experience and reputation
• Rule 14: Lawyers must not undertake activities that are not required for the implementation of the contract
• Rule 15: Lawyers must consider the social and financial situation of their clients
• Rule 16: Lawyers must commit to the terms of the contract and exercise due diligence and reasonable effort
• Rule 22: Lawyers may withdraw from legal work before its completion, but must inform the client in sufficient time
• Rule 23: Lawyers must return original documents and papers to their clients upon request, within five years from the termination of the contractual relationship
• Rule 24: Lawyers must not collect or accept fees from anyone other than their client, unless the client gives prior informed consent
• Rule 25: Lawyers must respect deadlines

Chapter 3: Consultation

• Rule 26: Lawyers must offer consultation autonomously and objectively, considering the client's financial and social situation
• Rule 27: Lawyers must not offer legal consultation that would assist the client in breaking or violating the law
• Rule 28: Lawyers must not break confidentiality or violate the privacy of the concerned parties

Chapter 4: Litigation

• Rule 29: Lawyers must abide by the ethics and principles of the profession in civil proceedings

Chapter 6: Lawyer Dealings with the Media

• Rule 37: Lawyers must abide by the following when participating in social media or advertisement:
  • Relevant laws, rules, and decisions
  • Preserve the privacy of clients or others and protect their confidential information
  • Refrain from misleading, forgery, or deception
  • Preserve the integrity of the judiciary and its members
  • Refrain from publishing facts of investigations and trials without permission
  • Refrain from providing detailed answers to specific questions in an ongoing case
  • Dress appropriately and maintain a professional appearance
  • Adhere to advertising controls
• Rule 38: Lawyers must ensure that their advertisements are not misleading, false, or deceptive, and do not violate the Rules or the principles and dignity of the profession

Chapter 7: Law Firms

• Rule 39: Law firms must have offices befitting the profession and show the firm's register in a visible place
• Rule 40: Lawyers and law firms must abide by the Rules and take necessary procedures to guarantee compliance and awareness by all employees
• Rule 41: Lawyers must fulfill the rights of trainees in their law firm, providing advice and guidance, and sharing knowledge and experience
• Rule 42: Law firms must keep all records, papers, documents, and data for all financial transactions for a period of no less than five years

Chapter 8: Final Provisions

• Rule 44: The provisions of Article 29 of the Law shall apply to anyone who breaches the Rules
• Rule 45: Lawyers shall be responsible for the violation of the Rules, whether they committed, directed, or commissioned the violation
• Rule 46: The Rules shall be published in the Official Gazette and shall come into force thirty days after publication