10 Jan Example of a Petition For Payment of a Lawyer’s Fee
…. THE COURT
PLAINTIFF :
TC IDENTIFICATION NUMBER :
ADDRESS :
Deputy :
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
Address :
LITIGATION VALUE :
(In cases related to his assets)
Subject: it consists of asking for payment of Attorney’s fees.
INSTRUCTIONS :
1 -) The defendant, …/ …/ … on the date of … Notary Public Office … gave me a special power of attorney for divorce (Annex-1), appointed my party as a proxy to represent him in the divorce case he wanted to open, and on the same date, he came to my office at his address and signed the Attorney’s Fee Agreement (Annex-2), which I submitted in the annex.
2 -) By Me, … filed in the Family Court …/ …/ … on the date of the court …/… E. the divorce case seen in File Number (Annex-3) was decided on the date of …/ …/ … and was finalized without appeal on the date of…/…/. The announcement of completion has been communicated to me on the date of … / … / … (Annex-4) and by me … / … / … on the date … of the Executive Office … / … E. it was followed up with a numbered file (Annex-5).
3 -) The defendant, …/ …/ … on the date … sent to me through the notary public and submitted to your court in the annex (annex-6), stated that the announcement of completion was late for enforcement proceedings and therefore I did not bring my duty of attorney to my place on time, and dismissed my party from the Office of attorney.
4 -) Law No. 1086 on Civil Procedure, Law No. 5236 on amendments to the Civil Procedure Law No. 16. amended by Article 433 and entered into force on 01.06.2005. references;
“Decisions on persons and Family Law, real estate and related rights in kind cannot be fulfilled unless they are finalized.”
Also; 174 of the law on lawyers No. 1136. references;
“A lawyer who refuses to follow up his work without a justified reason cannot ask for any fee and must return the fee he received in advance.
If the lawyer is dismissed, the full fee is given. So far, if the lawyer has been dismissed for defect or negligence, the fee does not have to be paid.
According to the agreement, if the lawyer is not paid the fee that must be provided in advance, the lawyer is not required to start work. Any responsibility that may arise for this reason belongs to the business owner. If the lawyer is deprived of following the work and obtaining its result due to the failure to meet other payment conditions in the written contract, the same provision shall apply in terms of liability.”
the arrangement is located at.
5 -) there is no defect to be attributed to me. The divorce case, which I filed as the defendant’s attorney, was finalized on the date and placed in enforcement proceedings the day after the announcement of the termination was communicated to me, and this situation … the Enforcement Department …/ … E. it is fixed with a numbered file.
6 -) due to the non-payment of my attorney’s fee arising from the Attorney’s Fee Agreement and signed on the date of…/…/…, it was necessary to apply to your court.
Legal reasons: 1136 P. K. m. 164, 174, 1086 P. K. m. 433 and related legislation
Legal evidence: 1 -) … power of attorney of the Notary Public … no.,
2 -) … / … / … dated Attorney’s fee agreement,
3 -) … Family Court … / … E. … / … K. numbered file
4 -) … / … / … the announcement of finalization communicated on the date
5 -) … Executive Office … / … E. numbered file
6 -) … notarial certificate … dated … / … / …
Conclusion and claim : for the reasons described above, I respectfully request that the collection of my receivables arising from the attorney’s fee agreement be decided from the defendant and that the trial expenses be burdened with the opposite party. …/ …/ …
Plaintiff
Hunt.
Annexes: 1 -) … power of attorney of the Notary Public … no.,
2 -) … / … / … dated Attorney’s fee agreement,
3 -) … Family Court … / … E. … / … K. numbered file
4 -) … / … / … the announcement of finalization communicated on the date
5 -) … Executive Office … / … E. numbered file
6 -) … notarial certificate … dated … / … / …
7 -) one sample of approved power of attorney
No Comments