KUWAIT CITY, Feb 20: The disciplinary section of the Court of Cassation decided to suspend a lawyer, who is currently an MP, from practicing the legal profession for a period of three months, after committing serious negligence in his client’s lawsuit.
The complainant based his lawsuit on article No. 22 of law No. 42/1964 regarding the organization of the legal profession before the courts, which stipulates that a lawyer is responsible before his client for the performance of the role entrusted to him, in accordance with the provisions of the law and the terms of the power of attorney, as stipulated in article No. 35 of the same law.
However, “without prejudice to any penalty stipulated in the Penal Code, or any other law, and without prejudice to civil liability, breaching the provisions of this law or the duties of the profession or undermining its honor, by any dishonorable behavior, shall be punished by one of the following disciplinary penalties –
3. Suspension for a period not exceeding three years, and
4. Erasing the name from the list.”
The court explained that the legal basis for the disciplinary responsibility of a lawyer is the role he plays in the service of the judicial facility. Any breach of this role is assumed by his disciplinary responsibility, whether it is due to a breach of his relationship with his client, the judiciary, or his fellow lawyers, or because of breach of duties of his profession, demeaning or undermining his honor, or due to any disgraceful behavior that is inconsistent with the dignity of the legal profession, its traditions, or its good morals.
By Jaber Al-Hamoud Al-Seyassah and Agencies