Kuwait Court of Cassation principle number 2948

A lawyer's agency. Its formation, termination and all its other rules are subject to the general rules concerning the agency contract in the Civil Code, except for the provisions specific to that agency contained in Law 42 of 1964 concerning the regulation of the legal profession before the courts, as amended by Law 62 of 1996. - Law 42 of 1964 concerning the regulation of the legal profession does not regulate the modes of termination of a lawyer's agency contract. This means. Its termination on the same grounds on which an agency contract terminates, as provided in the Civil Code. - Agency is a revocable contract. This means. The principal may dismiss the agent at any time before completion of the work forming the subject of the agency, whether the agency is remunerated or gratuitous. - Remunerated agency. The agent's dismissal must be for an acceptable excuse. Failure to comply with this. The principal's obligation to compensate the agent for the damage he suffers as a result of his dismissal. - The principal's ability to dismiss the agent is a matter of public policy. It is impermissible to agree otherwise or to stipulate receipt of compensation in the event of dismissal. The reason for this. - Assessment of the effort expended by the lawyer and the benefit accruing to the principal. Within the authority of the court of merits. The condition for this.