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Attorney’s Right Of Lien And Precedence Of Attorney’s Fees:

Attorney’s Right Of Lien And Precedence Of Attorney’s Fees:

The lawyer may retain the property, money and any other assets given or received by or on behalf of his client to the extent of his own claim until the payment of the lawyer’s fee and expenses.

Lawyer shall have the right of priority over other creditors in respect of his fee agreed upon by the contract and assessed by the judge, over the property retained or acquired by the client as a result of his own work, and over the money or property to be collected from the other party in the case in accordance with the judgment. The right of priority shall rank according to the date of issuance of the power of attorney or, if the power of attorney is general, according to the date of the first official application made on behalf of the business owner for the work subject to the fee. In case of bankruptcy of the business owner, the attorney’s attorney fee receivable also has priority. However, the provision of the first paragraph of Article 206 of the Execution and Bankruptcy Law dated 09/06/1932 and numbered 2004 is reserved.

When the execution of a judgment is initiated through forced execution, the execution office shall immediately notify the attorney of the party requesting the execution, whose name is written in the judgment, of a notice to be issued at the same time with the execution order, at the expense of the party requesting the execution. Unless this notification is served, the execution may not proceed to the next stages. The provision of Article 59 of the Execution and Bankruptcy Law No. 2004 shall apply to the expenses of the notification to the lawyer.

In the event of the death of the lawyer, the attorney fee receivables transferred to his heirs shall have priority like the receivables of the lawyer. However, the notification obligation written in the third paragraph shall not apply to these persons.

 

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