THE PROBLEM OF THE LEGAL MALPRACTICE CLAIM IN SAUDI ARABIA: COULD COMBINING THE LEGAL MALPRACTICE CLAIM WITH THE DISCIPLINARY CLAIM SOLVE IT ?

Abstract

This study focuses on combining the legal malpractice claim with the disciplinary claim to solve the aggrieved client’s problems if he wants to file a legal malpractice claim. The difficulties boil down to three matters: first, the lack of rules to clarify procedures to file a legal malpractice claim; second, the lack of rules stating the standards to prove the attorney’s misconduct and win the legal malpractice claim; and third, the lack of rules to determine the statute of limitation. Therefore, combining the legal malpractice claim with the disciplinary claim, filed together and simultaneously before the specialized court, would solve the problems that the aggrieved client faces in the legal malpractice claim in Saudi Arabia. In addition, it is important to highlight that combining both claims cannot occur without amending Article 29 of the Saudi Code of Law Practice. The Saudi Code of Legal Practice has regulated the disciplinary claim since it was issued in 2001, and it has disclaimed handling the legal malpractice claim. Therefore, this study proposes the Saudi legislature amend this article and allow the combining of the legal malpractice claim with the disciplinary claim to achieve certain benefits.