Kuwait Court of Cassation principle number 4238

The provision in Article 32 of Law 42/1964 concerning the regulation of the legal profession conferring upon the judge authority to assess lawyers' fees if the client disputes them. Its amendment by Law 62/1996 and the exclusion of what the previous law provided concerning assessment of the lawyer's fees in the event of a dispute over them mean that the intention was to leave this matter to the rules of general law, namely the Civil Code provisions on agency, since there is no conflict. Example. - Assessment of the agent's remuneration and inference of his performance of his obligations. Within the authority of the court determining the merits. Its condition. - The existence of a conflict or difference between the chambers of the Court of Cassation concerning the authority of the court determining the merits to assess lawyers' fees when a dispute arises over them. Referral to the General Assembly of the Court's Chambers. A matter solely for the chamber competent to hear the appeal, to the exclusion of others, if it finds such conflict and difference to exist. Article 4/2 of the Judicial Organization Law promulgated by Decree-Law 23/1990 and amended by Law 2/2003.