Kuwait Court of Cassation principle number 670

Requiring a lawyer to give testimony in a dispute in which he was retained or consulted. Impermissible. Article 25 of Law 42 of 1964, as amended. The reason: it entails disclosure of his client's secrets and a breach of the principles and honour of the profession. The effect: invalidity of the testimony and the evidence derived from it. - Article 43/3, Evidence. Its meaning. Prohibition on lawyers, physicians, agents, and others disclosing what they learned through their profession or capacity, even after the end of service or cessation of that capacity. The exception: if the fact or information was mentioned to the holder of the profession or capacity with the intent to commit a felony or misdemeanour, giving precedence to the interest in uncovering crimes reaching a degree of seriousness warranting release from this prohibition and reverting to the general principle of permissibility. - A lawyer's disclosure of his client's secrets is punishable by disciplinary action. The reason: breach of the principles and honour of the profession. Article 35 of Law 42 of 1964. - The challenged judgment's disregarding the appellants' defence based on invalidity of the evidence derived from their lawyer's testimony. Deficiency, faulty inference, and infringement of the right of defence necessitating its cassation - Testimony without taking an oath: