Kuwait Court of Cassation principle number 2100

The existence of a special law. Its necessary consequence. No recourse to the provisions of the general law except in matters not regulated by the special law. - An agreement concluded by a lawyer to determine his fees for the judicial or non-judicial work entrusted to him as a percentage of the value claimed in the action, of what is awarded therein, or of what is spent on completing non-judicial work. It is void. The reason therefor: such an agreement would give him an interest in the action or the work entrusted to him. - Assessment of a lawyer’s fees for non-judicial work where there is no written agreement thereon, or where one exists but is void. How effected. Bringing an ordinary action in accordance with the rules of the Civil Procedure Law. This pertains to public policy. Contravening this and ruling that the action is inadmissible for not having been brought by the procedure prescribed by law. A deficiency requiring its cassation. - A lawyer’s following the ordinary-action procedure to claim his fees for judicial work entrusted to him, departing from the procedure prescribed by law therefor, namely submitting an application by petition to the court that heard the action. Its effect. Its inadmissibility.