Özet:

The attorney contract is founded on trust. Due to this relationship being intertwined with trust, it is easier for it to spontaneously end or be terminated by the parties compared to other reciprocal contracts. The right of the attorney to resign and the client's right to dismiss are termination reasons that cannot be renounced in advance. The Attor-neyship Law regulates the fee that an attorney is entitled to in the event of justified dismissal or unjust resignation. Accordingly, in the case of justified resignation or unjust dismissal, the attorney may request the fee agreed upon in the contract. If the fee is not clearly agreed upon in the contract, the judge will determine the fee based on different criteria, depending on whether the value of the work subject to legal aid can be measured in money or not. For tasks whose value cannot be measured in money, determining the figure to base the attorney's fee on does not pose a difficulty. The law stipulates that the minimum fee tariff for at-torneys will be applied to tasks whose value cannot be measured in money. In the minimum fee tariff issued annually by the Union of Tur-kish Bar Associations, the fixed fee to be paid for tasks whose value cannot be measured in money is regulated. For tasks whose value can-not be measured in money and for which the parties have not determi-ned a fee, this fee in the tariff will be taken as a basis. For tasks whose value can be measured in money, the law regulates that an amount between ten and twenty percent of the value of the subject of the case on the date of finalization of the judgment, depending on the effort of the attorney, will be taken as a basis for the winning part of the case. This regulation also harbors some issues. Firstly, it is unclear what is meant by the winning part of the case and whether a fee will be paid in case of a loss, and then, whether it is necessary to wait for the decision to be finalized to claim the attorney's fee since the value of the subject matter on the date of the decision's finalization is taken as a basis.

Anahtar Kelimeler: