Power of Attorney Agreement

ATTORNEY FEE AGREEMENT

1. PARTIES TO THE AGREEMENT
1.1. The Parties, the Client and the Attorney whose identity and contact information are specified below, have drawn up and signed this agreement in accordance with the Attorneys' Act No. 1136 and the Turkish Code of Obligations.
1.2. The Client accepts to deliver a copy of a valid identity document and (if a legal entity) a copy of the tax plate and signature circular to the Attorney upon signing this agreement.
2. UBJECT OF THE AGREEMENT (Scope of Legal Assistance)
2.1. The subject of this agreement is the provision of legal assistance (lawsuit, enforcement proceeding, or consultancy), the limits and nature of which are clearly defined in the "Special Provisions of the Agreement" section (Article 12.5), by the Attorney.
2.2. Even if authorized in the Power of Attorney, no legal work not explicitly specified in this agreement or additional protocols, and falling outside the definition in Article 12.5 (such as other lawsuits, administrative applications, appeals/cassation unless otherwise agreed, etc.), is covered by this agreement and is subject to a separate fee if requested.
3. DURATION OF THE AGREEMENT
3.1. This agreement enters into force on the date of signature and terminates upon the final conclusion of the work subject to the agreement, its execution (enforcement), or the exhaustion of legal remedies.
4. RIGHTS OF THE CLIENT
4.1. Right to Information: The Client has the right to receive information about the progress of the file at reasonable intervals and to receive a copy of the file upon request, provided that the costs are covered.
4.2. Transparency: The Client has the right to request a statement of account containing a breakdown of expenses incurred and collections made. A written statement of account shall be provided immediately upon collection and at least once a year.
5. GENERAL PROVISIONS OF THE AGREEMENT
5.1. Scope Limitation: Unless agreed otherwise, this agreement covers the pursuit of the subject work in the court of first instance. Appeal (Istinaf), Cassation (Temyiz), Correction of Decision, Individual Application to the Constitutional Court, and ECHR applications are subject to separate written instructions and fees.
5.2. Appointment of Another Attorney and Delegation:

• Delegation: The Attorney may pursue the work personally or may conduct it through another attorney (an attorney with a certificate of authorization) by using the power of delegation under his/her supervision.
• Client's Authority: The Client may grant a power of attorney to another attorney for the same work, provided that the Client covers the costs. This situation does not eliminate the Attorney's receivables for fees arising from this agreement and his/her rights regarding the transactions performed within the scope of the agreement. In the event of the appointment of another attorney, the current Attorney shall deliver the file and minutes completely within 7 (seven) business days; a delivery-receipt minute shall be drawn up and signed by the parties at the time of delivery.

5.3. Delivery of Documents: The Client is obliged to deliver the information and documents constituting the basis of the claim or defense to the Attorney within 3 (three) business days at the latest from the date of request. This period may be extended reasonably in cases where documents are delayed due to official institutions, notaries, overseas locations, or force majeure reasons outside the Attorney's control. The Attorney cannot be held responsible for loss of rights resulting from late delivery.
5.4. Communication and Confirmation: The Client's verbal instructions are considered written instructions when confirmed via e-mail, SMS, or WhatsApp.
5.5. Electronic Evidence Agreement (HMK Art. 193): The Parties accept that e-mail, SMS, WhatsApp correspondence, and electronically signed documents between them are in the nature of evidence pursuant to Article 193 of the Code of Civil Procedure. Blockchain-based timestamps and records may be used as supporting evidence to verify the date and content of the communication between the parties. The processing and storage of personal data shall be carried out in accordance with the provisions of the Law on Protection of Personal Data (KVKK); the use of blockchain or third-party data storage is possible with written consent.
6. OBLIGATIONS OF THE ATTORNEY
6.1. Care and Confidentiality: The Attorney is obliged to carry out the undertaken work with care within the framework of the Attorneys' Act and Professional Rules and to keep secrets.
6.2. Return of Documents: At the end of the work, provided that the attorney fee and expenses have been paid, the original documents are returned to the Client.
6.3. Professional Liability Insurance: The Attorney undertakes to take out Professional Liability Insurance against risks that may arise from professional activities. Insurance premiums are covered by the Attorney; this cost is not reflected to the Client.
7. FEES AND PAYMENT CONDITIONS
7.1. Fixed Fee: The fixed fee specified in the "Special Provisions" section is paid in cash at the beginning of the work. If the work lasts longer than one year, the fixed fee for the following years shall be increased by the annual change rate of the Consumer Price Index (TÜFE - CPI) general index for December of the previous year announced by TURKSTAT.
7.2. Proportional Fee (Success Fee): In works where the subject matter is money or can be measured in money, a proportional attorney fee of 15% (Fifteen Percent) of the value ruled in favor of or collected by the Client at the end of the lawsuit or proceeding shall be paid to the Attorney. (This rate cannot exceed the 25% ceiling in Article 164 of the Attorneys' Act).
7.3. Counterparty Legal Fee: The legal attorney fee charged to the other party by the court at the end of the trial belongs entirely to the Attorney pursuant to Article 164/last of the Attorneys' Act; it cannot be offset from the Client's receivables or debts.
7.4. Taxes: The specified fees are "Net" amounts. VAT and (if required by legislation) legal withholding tax (stopage) are paid separately by the Client.
7.5. Default: In case the due fee debts are not paid, legal default interest is applied.
7.6. Right of Priority: The Attorney has the right to deduct primarily his/her own attorney fee and expenses incurred from the monies collected on behalf of the Client. The Attorney presents a statement of account showing collections and deductions to the Client before performing the offset transaction.
8. EXPENSES
8.1. Charges, taxes, notification, expert witness, and discovery expenses required for the lawsuit and proceeding belong to the Client.
8.2. The Client pays the expense advance in the amount specified in "Special Provisions" to the Attorney at the beginning of the work.
8.3. In out-of-town works, transportation (plane/economy class or bus) and accommodation (middle-class hotel) expenses are covered by the Client, provided they are documented.
9. TERMINATION OF THE AGREEMENT
9.1. Unjust Dismissal: If the Client dismisses the Attorney without a just cause, the paid fixed fee is not refunded. Furthermore, pursuant to Article 174 of the Attorneys' Act, the Attorney is entitled to a fee by taking into account the labor spent and the stage the lawsuit has reached up to that date.
9.2. Resignation: If the Attorney resigns based on a just cause (non-payment of fees, behavior shaking confidence, etc.), he/she may demand the fee deserved up to that moment and the counterpart of the work done.
9.3. Waiver and Settlement: The Client's unilateral waiver of the lawsuit, settlement, or acceptance of the lawsuit does not eliminate the Attorney's right to demand fees. In this case, the Attorney is entitled to the proportional fee based on the settlement amount made or, in case of waiver/acceptance, based on the value of the lawsuit at that date.
10. RESOLUTION OF DISPUTES
10.1. In disputes arising from this agreement, the parties will primarily try good faith negotiation and mediation.
10.2. If the dispute cannot be resolved, Fethiye Courts and Enforcement Offices are authorized.
11. MISCELLANEOUS PROVISIONS
11.1. Notification Address: The addresses specified by the Parties in Article 1 are legal notification addresses. Unless a change of address is notified in writing within 3 days, notifications made to these addresses are deemed valid.
11.2. File Retention: The Attorney stores the file free of charge for the legal period of 3 (three) years from the end of the work. At the end of this period, if the Client does not take delivery of the file, keeping legal and professional obligations reserved, the Attorney's retention obligation ends.
11.3. Intellectual Property: The intellectual property of petitions, defenses, legal opinions, and similar documents prepared by the Attorney within the scope of the performance of this agency relationship belongs generally to the Attorney. However, this regulation does not limit the Client's right to use said documents within the scope of the relevant lawsuit/work. The Client must obtain the Attorney's written consent to transfer these documents to third parties or use them for commercial purposes. If the Attorney wishes to use anonymized samples for professional promotion purposes, he/she informs the Client; usage is possible unless there is a reasonable objection. This provision is subject to the Attorneys' Act and confidentiality obligations; mandatory legal provisions are reserved.
12. SPECIAL PROVISIONS
12.1. In case of conflict between the general provisions of this agreement and the special provisions, the special provisions shall apply; however, mandatory provisions of the law are reserved.
12.2. Ex-Officio Action Authority: In urgent and mandatory cases (such as the risk of exceeding time limits, etc.), the Attorney may incur expenses up to a limit of 10,000 TL (Ten Thousand Turkish Liras) without Client approval to perform transactions. The incurred expenses shall be immediately recorded with documents and submitted to the Client within 5 business days at the latest to be deducted from the expense advance. Undocumented expenses are not offset; the Attorney is subject to the obligation to explain and document these expenses to the Client.
12.3. Expense Advance: An expense advance of ________________ TL has been received in cash/via bank at the signing of the contract.
12.4. Fixed Attorney Fee: The Fixed Attorney Fee for the work subject to this agreement has been determined as ________________ TL + VAT.
12.5. Definition of Legal Service (Scope):
(Here; clear information distinguishing the work from others such as Court name, file number, names of parties, and type of lawsuit must be written. E.g.: Representation in the local court stage of the Title Deed Cancellation and Registration lawsuit filed against Ahmet Yılmaz in Fethiye 2nd Civil Court of First Instance, File No: 2024/105 E.)
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CLIENT DECLARATION AND APPROVAL

I declare that I have read and understood the entirety of this agreement and received a copy.
I have been verbally informed by the Attorney specifically regarding;

• How the fee will be increased (Article 7.1),
• The 15% proportional fee to be paid in case of success (Article 7.2),
• Payment conditions of the fee in case of unjust dismissal or settlement (Article 9),
• That Fethiye Courts are authorized in case of dispute (Article 10).

I sign this agreement with my own free will.
Date:... /... / 20...