15 April 2021
04 Ramadhaan 1442
عربي
A committee shall be formed by a decision of the chief justice of the first instance court to be known as (Legal Aid Committee), and shall be presided over by any of the court's chief judges and membership of two of its Judges. This committee shall appoint a lawyer to perform and undertake duties of lawyers in the following cases: 1. If either of the litigants is insolvent or unable to pay attorney fees, provided that such insolvent litigant is probable to prevail in the action; 2. If there is a court order to relieve the litigant from all or part of litigation expenses; 3. If a number of lawyers refused to accept the representation in the action; 4. If the lawyer has died or encountering any impediment hindering such lawyer from practicing the profession, and in general, in all cases where it is impossible for the lawyer to practice the profession and proceed with the legal proceedings and actions of his clients. 5. The other cases where the law requires that a lawyer be hired to defend a suspect or minor who has not hired a lawyer. In any of these cases, the appointed lawyer shall take the appropriate course of action to protect the interests of his client. The resolution issued by the Legal Aid Committee shall serve as a power-of-attorney issued by the concerned party and shall be considered free of charge. The conditions and procedures governing the appointment of such lawyers shall be included in a resolution to be issued by the Legal Aid Committee.
It is permitted for the court before which the case are heard and for the public prosecution at the stage of investigation to appoint a lawyer to provide legal aid in the cases and in accordance with the provisions set forth in the preceding article.
The appointed lawyer shall undertake the assigned work, and shall not withdraw from a case except for reasons to be accepted by the entity that appointed him. Should the lawyer refuses to provide legal aid without an acceptable reason or commits any default while performing his duties; such Lawyer shall be subjected to disciplinary measures.
The appointed lawyer representing an insolvent party shall defend such party free of charge, while the court shall assess his fees and obligate the losing party to pay such fees. And it shall be permitted for such lawyer to claim such fees from the insolvent litigant if such litigant ceases to be insolvent.