… …. TO THE JUDICIAL AUTHORITY OF THE COURT
Prosecutor:
TURKISH IDENTITY NUMBER :
address :
lawyer:
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
suspect:
address :
CASE VALUE:
(in cases related to assets)
SUBJECT : It is Our Request that the Attorney’s Fee
Description:
Oct 1-) The defendant …/ …/ … on the date he gave me a private divorce power of attorney containing the power of attorney of the Notary office … (ANNEX-1), appointed me as a proxy to represent him in the divorce case he wanted to open, and on the same date … … he came to my office and signed the Attorney’s Fee Agreement (ANNEX-2), which I submitted in the annex.
2-) Filed by me in the Family Court on the date of …/ … / … And the court …/… E. The divorce case, which is seen in the file numbered (Oct-3), was concluded on the date of …/ … / … and finalized without appeal on the date of …/ … / …. The notification of finalization has been notified to me on the date of …/ …/ … (Oct-4) and … the Enforcement Directorate …/ … / … E. i am being followed on the date …/ …/ … with the file number (Oct-5).
3-) The defendant, … / … / … in the letter he sent to me through a Notary public on the date and I submitted to your court (Oct-6); he declared that the decision to finalize the execution proceedings was delayed and therefore he removed me from the power of attorney, stating that I did not fulfill my duty of attorney on time.
4-) 16 of the Law on Amendments to the Law on Civil Procedure No. 5236, which entered into force on 01.06.2005. 433 of the Civil Procedure Law No. 1086, which was amended by Article 433 of the Code of Civil Procedure. in accordance with the article;
“Decisions regarding personal and family law, immovable property and the rights in kind related to them cannot be executed unless they are finalized.”
In addition; in Article 174 of the Law on Lawyers No. 1136;
“The lawyer who gives up the pursuit without a justified reason cannot charge any fee and has to refund the fee he received in advance.
In case of dismissal of the lawyer, the full fee will be paid. However, in case of dismissal due to the defect or negligence of the lawyer, no fee should be paid.
According to the agreement, the lawyer has no obligation to start work if the required fee is not paid in advance. Therefore, any responsibility that may arise is the responsibility of the employer. If the lawyer is deprived of following up the work and obtaining the result due to non-fulfillment of other pay conditions in the written contract, the same provision applies in terms of liability.”
the arrangement is located at.
5-) There is no defect that can be attributed to me. The divorce case that I filed as a defendant’s attorney was finalized on the date and was subject to enforcement proceedings the day after the finalization decision was notified to me, which is … The Enforcement Directorate’s …/ … E. it is also fixed in the file.
6-) …/ … / … it is mandatory for me to apply to your court due to non-paying of my attorney fee arising from the power of attorney fee agreement signed on the date.
LEGAL REASONS: 1136 SK m. 164, 174, 1086 SK m. 433 and related legislation
LEGAL EVIDENCE :
1-) Notary’s register and power of attorney numbered yevmiye.
2-) …/ …/ … dated Attorney’s Fee Agreement,
3-) … Of the Family Court …/ … E. …/ … K. numbered file.
4-) Notification of finalization was given on …/ …/ … date.
5-) … Of the Executive Office …/ … E. the numbered file
6-)… Notary’s …/ …/ … work release certificate with date and salary number.
CONCLUSION AND CLAIM: For the reasons explained above, I respectfully request that my receivables arising from the attorney’s fee agreement be collected from the defendant and that the trial expenses be charged to the other party. …/ …/ …
Prosecutor
Hunting.
Oct.: 1-) Notary’s Power of Attorney, … numbered diary,
2-) …/ …/ … dated Attorney’s Fee Agreement,
3-) … The Family Court …/ … E. …/ … K. numbered file.
4-) Notification of finalization was given on …/ …/ … date.
5-) … Of the Executive Office …/ … E. the numbered file
6-)… Notary’s …/ …/ … work release certificate with date and salary number.
7-) One copy of approved power of attorney