Sample Petition For Payment Of Attorney’s Fees
… …. TO THE COURT JUDGE
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
PROVISIONAL :
(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 : Our Request for Payment of Attorney’s Fees.
EXPLANATIONS :
1-) On …/ …/ … date, the defendant gave me a special divorce power of attorney with the power of attorney (ANNEX-1) of the … Notary Public No. …, appointed me as an attorney to represent him in the divorce case he wanted to file, and on the same date, he came to my office located at … … address and signed the Attorney Fee Agreement (ANNEX-2), which I have enclosed.
2-) The divorce lawsuit filed by me at the … Family Court on …/ …/ … dated …/ …/ … and seen in the …/ … E. numbered file (ANNEX-3) of the court was ruled on …/ …/ … dated …/ …/ … and finalized on …/ …/ … dated … without appeal. The finalization decree was notified to me on …/ …/ … date (ANNEX-4) and was followed up by me on …/ …/ … date with the file numbered …/ … E. of the … Enforcement Office (ANNEX-5).
3-) On …/ …/ …/ … date, the defendant, with the letter (ANNEX-6) sent to me through the … Notary Office on …/ …/ … date and which I have submitted to your court in the annex; stating that the finalization decree was placed late in the enforcement proceedings and therefore I did not fulfill my attorneyship duty on time, notified 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 on the Amendment of the Code of Civil Procedure No. 5236 and entered into force on 01.06.2005;
“Decisions on personal and family law, immovable property and related real rights cannot be executed until they are finalized.”
Furthermore; Article 174 of the Attorneyship Law No. 1136 states;
“A lawyer who gives up pursuing the work he/she has undertaken without a justifiable reason cannot demand any fee and must return the fee he/she has received in advance.
In case of dismissal of the lawyer, the full fee shall be given. However, if the lawyer is dismissed due to fault or negligence, the fee need not be paid.
If the fee that should be paid to the lawyer in advance according to the agreement is not paid, the lawyer is not obliged to start the work. Any liability that may arise for this reason shall be borne by the business owner. If the lawyer is deprived of following the work and obtaining the result due to the non-fulfillment of other payment conditions in the written contract, the same provision shall apply in terms of liability.”
There is a regulation.
5-) There is no fault to be attributed to me. The divorce case I filed as the defendant’s attorney was finalized on …/ …/ … and the finalization decree was put into enforcement proceedings the day after it was notified to me, and this is fixed with the file numbered …/ … E. of the … Enforcement Office.
6-) It has become necessary to apply to your court due to the non-payment of my attorney fee arising from the attorney fee agreement signed on …/ …/ … date.
LEGAL GROUNDS : 1136 S. K. art. 164, 174, 1086 S. K. art. 433 and related legislation
LEGAL EVIDENCE :1-) … Notary Public’s power of attorney with journal number …,
2-) Attorney Fee Agreement dated …/ …/ ..,
3-) …/ … E. …/ … K. numbered file of … Family Court
4-) The finalization decree notified on …/ …/ …
5-) …/ … E. numbered file of … Execution Office
6-) …/ …/ … dated …/ …/ … dated dismissal document of … Notary Public No. …
CONCLUSION AND REQUEST : For the reasons explained above, I respectfully request the collection of my receivable arising from the attorney’s fee agreement from the defendant and that the costs of the proceedings be charged to the other party. …/ …/ …
Plaintiff
ATTY.
ANNEXES: 1-) … Notary Public’s power of attorney with journal number …,
2-) Attorney Fee Agreement dated …/ …/ ..,
3-) … Family Court file numbered …/ … E. …/ … K.
4-) The finalization decree notified on …/ …/ …
5-) …/ … E. numbered file of … Execution Office
6-) …/ …/ … dated …/ …/ … dated dismissal document of … Notary Public No. …
7-) One approved power of attorney sample