Attorney-client confidentiality in Saudi law: a critical study on the Saudi code of law practice

Abstract

ABSTRACT Confidentiality is the most basic principle in respect of the lawyer-client relationship. Without the secrecy between lawyer and client, it would be complicated for a lawyer to solidify and establish trustworthy and credible communication with the clients, which might affect their legal representation. In the Saudi legal system, confidentiality is safeguarded under some crucial laws and regulations such as– Code of Law Practice, and the Rule of Professional Conduct for Lawyers. As Islamic law, i.e. Sharia is the primary legal source in the Saudi Arabia, the Code of Law Practice provides the lawyers and clients with the protection of confidentiality as long as there is no palpable violation of Islamic principles. However, there is no formal definition of “the violation of Islamic principles” stated in Article 23 of the Code. This might be problematic and lead to diverse interpretations by courts and authorities which is undermining the protection of confidentiality and sabotaging the lawyer-client relationship. In order to investigate such a labyrinth, this article aims to scrutinize and assess the confidentiality of the clients’ information in the Saudi regulations of the legal profession. It also evaluates the necessity of establishing a precise definition of confidentiality in the Saudi legal system.