Attorney Service Agreement
An Attorney Service Contract is a contract of attorneyship, which promises a fee in return for legal assistance. A fee is agreed, but this fee is limited by law or regulation. An attorney’s contract is not a service or agency contract per se; it belongs to the category of state-guaranteed contracts. The lawyer has a high duty of care. The lawyer provides legal assistance, represents the plaintiff/defendant, prepares petitions, participates in court proceedings. It is forbidden for lawyers to do everything. Professions that are compatible with being a lawyer are listed in Article 12 of the Law on Lawyers. Lawyers are independent but bound by client instructions. If these instructions are in line with things that should not be done, the lawyer can withdraw from this work. When concluding a retainer agreement, the lawyer should not give guarantees to the client, of course, he/she should do the work diligently, that is, he/she may give probabilities that there is a risk of winning or losing a case, but it is against the rules of the profession to give guarantees. The lawyer’s remuneration from the client should be regulated. If the attorneyship contract has been concluded but it has not been decided how much fee will be charged; If the case has a value that can be measured in money, a fee of 10% or 20% is estimated over the fee tariffs or the value gained when the judgment is finalized according to the labor of the lawyer. If the value cannot be measured in money, the fee is determined according to the minimum fee tariff.
ATTORNEY SERVICE CONTRACT
BUSINESS OWNER : ……… ……… COMPANY
ADDRESS : …… ……… ……. ………/……..
ATTORNEY :
ADDRESS : …… ……… ……. ………/……..
Pursuant to the Law on Attorneys, this contract was concluded between …. …… Company and Av. … …… on …/…/… date with the following conditions.
In this contract …… ……. Company shall be referred to as ‘COMPANY’ and Av. ……. …… shall be referred to as ‘LAWYER’.
Article 1- Scope;
By signing this contract, the attorney performs the attorneyship service by fulfilling all stages and requirements of the lawsuits and execution proceedings in favor of or against the COMPANY, given to him by the company.
The personal business and lawsuits of the COMPANY officials and employees are outside the scope of this agreement. Their fees shall be evaluated separately upon request.
Article 2- Fee and Advance;
The COMPANY shall pay a monthly fee of … -TL to the attorney by the COMPANY in return for the above-mentioned overtime. This fee to be paid against a self-employment receipt, with VAT and withholding tax belonging to the company, shall be paid until the evening of the ….th business day of each month at the latest.
In case the services to be performed are outside the city center (travel, food, accommodation, etc.), the expenses shall be paid to the lawyer in advance. In case the lawyer stays away from his/her office for more than one day due to the business of the COMPANY, a daily fee of ………… -TL shall be paid.
In the event that the attorney fee is not paid at all ……. times (…… months) or …. times (…. months) in arrears within a contract period, the right to terminate the contract for just cause arises by the lawyer. In this case, the fee receivables until the end of the period become due and the right to demand with legal interest arises.
In addition, the COMPANY undertakes to pay the advance payment requested by the LAWYER for the expenses of the transactions to be carried out on time. The LAWYER is also obliged to deliver the receipts and other documents -or a copy of them approved by the COMPANY- to the COMPANY at the beginning of each month after the transaction(s) are realized.
Article 3- Miscellaneous Provisions;
a) The LAWYER shall follow the work undertaken due to this contract to the end in accordance with the laws and professional rules. The work to be carried out shall be carried out by the LAWYER personally and, if necessary, by the lawyer and clerk working with him; however, the responsibility belongs to the LAWYER. The execution of the work by another lawyer does not require a separate fee.
b) The work to be performed by the attorney is to represent the COMPANY in the lawsuits and execution proceedings that have been filed, or to represent the COMPANY in the lawsuits and proceedings to be filed, or to apply to all kinds of official and private institutions, organizations, private and legal entities, and to carry out correspondence procedures duly. For this purpose, unless the attorney is notified by the COMPANY of the assignment letter containing the cover letter regarding the work for which the attorney has been assigned by the COMPANY, the attorney is not responsible for doing that work and the COMPANY is not responsible for the attorney to take action without the knowledge of the COMPANY due to that work.
c) The COMPANY may not assign the work in progress to another attorney without obtaining the written consent of the attorney who is a party to this agreement. In the event of the contrary situation, the LAWYER has the right to request the full amount of the remaining fee from the contract and to terminate the contract.
d) If the COMPANY wishes the pending lawsuit or proceeding to be concluded by settlement, release or waiver, it shall declare this request in writing to the attorney. In such cases, no deduction can be made from the attorney’s fee.
e) The ATTORNEY undertakes to prepare a report on the latest status of each item transaction on all the files that he/she follows up and to submit it to the COMPANY within one month from the date of the contract; then to provide information about all transactions that have taken place and will take place on each file – including the current approved hearing minutes – as a report at the beginning of each month. Otherwise, the COMPANY shall terminate the contract, notify and mobilize the relevant authorities and use all its legal rights.
Article 4- Special Provisions;
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Article 5- Termination of the Contract;
If the contract is terminated unilaterally by the COMPANY, the LAWYER shall be entitled to claim the full amount of the fee remaining from the contract period.
However, the attorney does not comply with the professional rules and does not fully fulfill his/her responsibilities under the contract against the COMPANY, i.e; does not protect the rights of the COMPANY, does not carry out the necessary correspondence, does not draw the necessary notices, does not follow the lawsuit and execution files at all necessary stages, does not fulfill the necessary correspondence and timely transactions within the scope of lawsuits and execution proceedings, does not attend the hearings without an excuse, If the COMPANY fails to fulfill its other responsibilities not listed herein and specified in the Attorneyship Law that can be adapted to this contract, and if the COMPANY has suffered damage clearly due to the negligence of the attorney’s responsibility, the COMPANY shall notify and activate the relevant authorities and use all necessary legal rights to compensate the damage by the attorney. The contract shall be terminated without further agreement.
The attorney cannot claim any remuneration in the event that he/she ceases to follow up the work he/she has undertaken without a justifiable reason and resigns from the attorneyship without a justifiable reason. He/she is obliged to return the fee received in advance and the advance on expenses, if any, and the documents given by the client. In addition, the attorney takes all necessary measures to prevent the COMPANY from losing its rights in such a case and assumes all responsibility in this regard. Otherwise, he/she is obliged to indemnify the damages that may arise.
Article 6- Residential Addresses, Termination, Legal Basis;
The addresses of the parties written in this contract are the legal residential addresses and any change of address must be notified in writing. Otherwise, the notification to be made to these addresses shall be deemed to have been made to the person concerned.
Article 7 – Authorized Courts and Enforcement Offices for the Resolution of Disputes;
In disputes arising from this contract …. Courts and Enforcement Offices are authorized.
Pursuant to Article 35 of the Attorneyship Law No. 1136, this agreement, which has been prepared in duplicate in accordance with Article 35 of the Attorneyship Law No. 1136, has been issued for …. years to be effective as of …/…/…. and will expire on …/…/….
The parties agree on the continuation or termination of the contract in writing ……. (……………..) days before the expiration of this period. In case of renewal of the contract, the monthly attorney fee shall be re-determined by the parties. In the event that the contract is not renewed or terminated by agreement of the parties, the parties cannot claim any financial rights other than their rights within the scope of the validity period of the contract.
The provisions of the Attorneyship Law No. 1136 shall apply to matters not covered in this agreement.
…… …….. COMPANY
LAWYER
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