Kuwait Court of Cassation principle number 4195

A lawyer's agency. Its formation, termination, and all its rules are subject to the general rules concerning agency contracts in the Civil Code, except for the special provisions concerning that agency contained in Law 42 of 1964 regulating the legal profession before the courts, as amended by Law 62 of 1996. - Failure of Law 42 of 1964 regulating the legal profession to regulate the methods of termination of a lawyer's agency contract. Its implication. It terminates for the same reasons as the agency contract provided for in the Civil Code. - Agency is a non-binding contract. Its implication. The principal may dismiss the agent at any time before completion of the work forming the subject of - 736 - Civil Procedure the agency, whether the agency is remunerated or gratuitous. - Remunerated agency. Dismissal of the agent must be for an acceptable excuse. Contravention thereof. The principal's obligation to compensate the agent for damage suffered as a result of his dismissal. - The principal's entitlement to dismiss the agent concerns public policy. No contrary agreement or stipulation to receive compensation in the event of dismissal is permissible. Rationale therefor. - Assessment of the effort expended by the lawyer and the benefit accruing to the client. Within the authority of the court of merits. Condition therefor.