24 Feb An Example of a Petition Requesting Payment of an Attorney’s Fee
TO THE .. COURT
PLAINTIFF:
TC IDENTIFICATION NUMBER :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
CASE VALUE :
(In cases related to his assets)
SUBJECT : The Payment of the Attorney’s Fee Consists of Our Request.
INSTRUCTIONS :
1-) the defendant …/ …/ … of … noterligi Journal No. on a power of attorney (Attachment-1) gave me a private divorce, power of attorney, to represent him in the divorce and have deputized my side to open it on the same date, at the address came to my office and the attorney’s fee agreement that I was presented in the annex (Annex-2) has been signed.
2-) Filed by me on the date of …/ …/ … in the Family Court and the court’s …/… E. the divorce case, which is seen in the numbered file (ANNEX-3), was decided on the date of / …/ and finalized without appeal on the date of /…/. The final decision has been notified to me on the date of …/ …/… (ANNEX-4) and by me on the date of …/ …/… of the Executive Office …/ … E. it has been followed up with its numbered file (ANNEX-5).
October-) The defendant, on the date of … / … / … the letter that he sent to me through his notary Public and which I submitted to your court in the appendix (OCTOBER-6); stating that the final decision was late for enforcement proceedings and therefore I did not fulfill my deputy position in a timely manner, informed me that he had relieved me of my deputy position.
4-) Article 16 of the Code of Civil Procedure No. 1086 and the Law No. 5236 on Amendments to the Code of Civil Procedure. article 433, as amended and entered into force on 01.06.2005. material required;
“Decisions on persons and family law, immovable property and related rights in kind cannot be fulfilled unless they are finalized.”
In addition; 174 of the Law No. 1136 on Advocacy. in the article;
“A lawyer who gives up pursuing the work he has taken on for no justifiable reason cannot ask for any fee and must return the fee he has received in advance.
If the lawyer is dismissed, the full fee is given. So much so that the fee does not have to be paid if the lawyer is dismissed for a defect or negligence.
According to the agreement, if the lawyer is not paid the fee that should be given in advance, the lawyer is not obliged to start work. Any responsibility that may arise for this reason belongs to the business owner. The same provision applies in terms of liability if the lawyer is deprived of following up the work and obtaining the result due to non-fulfillment of other payment terms in the written contract.”
the arrangement is included.
5-) There is no defect to be explained to me. The divorce case that I filed as the defendant’s attorney was finalized on the date of / …/ and was put on enforcement proceedings the day after the final decision was notified to me, and this is … the E of the Enforcement Agency. it is fixed with a numbered file.
6-) Due to the non-payment of my power of attorney fee arising from the attorney’s fee agreement and signed on the date of / … //, it has been necessary to apply to your court.
LEGAL REASONS : 1136 P. K. m. 164, 174, 1086 Pp. K. m. 433 and related legislation
LEGAL EVIDENCE :1-) … Power of attorney of the Notary Public … yevmiye,
2-) …/ … / … Attorney’s Fee agreement dated,
3-) … The Family Court …/ … E. …/ … K. the numbered file
4-) …/ … / … the final decree communicated on the date
5-) … Of the Executive Office …/ … E. the numbered file
6-)… The Notary’s Office’s … dismissal certificate dated … / … / … yevmiye
CONCLUSION AND REQUEST: For the reasons described above, I respectfully request that it be decided that the receivables arising from the attorney’s fee agreement will be collected from the defendant and the trial expenses will be charged to the other party. …/ …/ …
Plaintiff
ANNEXES: 1-) … Power of attorney of the Notary October … yevmiye,
2-) …/ … / … Attorney’s Fee agreement dated,
3-) … Of the Family Court …/ … E. …/ … K. the numbered file
4-) …/ … / … the final decree communicated on the date
5-) … Of the Executive Office …/ … E. the numbered file
6-)… The Notary’s Office’s … dismissal document dated … / … / … yevmiye
7-) An example of a certified power of attorney
No Comments