… …. TO THE JUDICIARY OF THE COURT
Plaintiff:
TURKISH IDENTITY 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 assets)
SUBJECT : Payment of Attorney’s Fee Is Consisting of Our Request.
DESCRIPTIONS :
1-) On …/ …/ …, the defendant gave me a special divorce power of attorney with the power of attorney number … (ANNEX-1) of the Notary public’s office, appointed me as a proxy to represent him in the divorce case he wishes to file, and on the same date at … … He came to my office and signed the Attorneyship Fee Agreement (Appendix-2) that I have attached.
2-) By me, the divorce case filed in … Family Court on …/ …/ … and seen in the court’s file numbered …/… E. (Annex-3) was concluded on …/ …/ … and on …/ …/ … finalized without appeal. The finalization notice was notified to me on …/ …/ … (Annex-4) and I was followed up on …/ …/ … with the file number …/ … E. of the … Execution Office (Annex-5).
3-) With the letter (Annex-6), which the defendant sent to me via the Notary Public on …/ …/ … and submitted to your court in the annex; He stated that the finalization decision was delayed in the enforcement proceedings and therefore I did not fulfill my duty of attorney on time and stated that he dismissed me from the attorneyship.
4-) Pursuant to Article 433 of the Code of Civil Procedure No. 1086, which was amended by Article 16 of the Law No. 5236 on Amending the Code of Civil Procedure and entered into force on 01.06.2005;
“Decisions regarding personal and family law, immovable property and related real rights cannot be executed until they are finalized.”
Also; In Article 174 of the Attorneyship Law No. 1136;
“The lawyer who abandons the follow-up without a justified reason cannot demand any fee and has to return the fee he received in advance.
In case of dismissal of the lawyer, the full fee is paid. However, if the lawyer is dismissed due to his fault or negligence, the fee does not have to be paid.
According to the agreement, the lawyer is not obligated to start work if the required fee is not paid in advance. For this reason, any responsibility that may arise is the employer’s responsibility. If the lawyer is deprived of following the work and obtaining the result due to non-fulfillment of the other payment conditions in the written contract, the same provision shall apply in terms of liability.”
regulation is included.
5-) There is no fault to be attributed to me. The divorce case, which I opened as the defendant’s attorney, was finalized on …/ …/ … and it was put into enforcement proceedings the day after the finalization decision was notified to me, and this situation is confirmed by the …/ … E. file of the … Execution Office.
6-) Due to the non-payment of my attorney’s fee arising from the attorney’s fee agreement and signed on …/ …/ …, it is obligatory to apply to your court.
LEGAL REASONS: 1136 S. K. m. 164, 174, 1086 S. K. m. 433 and related legislation
LEGAL EVIDENCES :1-) Power of attorney of the Notary Public, numbered … journal,
2-) Attorneyship Fee Agreement dated …/ …/ …,
3-) … Family Court file numbered …/ … E. …/ … K.
4-) The finalization notice delivered on …/ …/ …
5-) … File numbered …/ … E. of the Enforcement Office
6-)… Dismissal document of the Notary Public, dated …/ …/ … with journal no.
CONCLUSION AND CLAIM: Due to the reasons explained above, I respectfully request that my receivables arising from the attorney’s fee contract be collected from the defendant and that the litigation expenses be charged to the other party. …/ …/ …
Plaintiff
LawyerANNEXES: 1-) Power of Attorney of the Notary Public, numbered … journal,
2-) Attorneyship Fee Agreement dated …/ …/ …,
3-) … Family Court file numbered …/ … E. …/ … K.
4-) The finalization notice delivered on …/ …/ …
5-) … File numbered …/ … E. of the Enforcement Office
6-)… Dismissal document of the Notary Public, dated …/ …/ … with journal no.
7-) One copy of approved power of attorney