How is the Attorney's Power of Attorney Fee Determined?
The power of attorney fee, regulated by the Law of Obligations and Law No. 1136, is established between the attorney and the person giving the power of attorney, i.e., the client. This fee, paid in return for the attorney's legal assistance, is paid as a result of a written or oral agreement between the parties. The attorney's power of attorney fee consists of two parts. The first is the fee agreed upon between the attorney and the client before the power of attorney is given. The attorney has the right to receive this fee whether they win or lose the case. If the power of attorney fee falls below the minimum wage, the attorney is subject to disciplinary action. The second form of payment is the fee the attorney is entitled to receive at the end of the court proceedings if they win the case. The party who is found to be at fault in court is obliged to pay the attorney's power of attorney fee of the winning party. The client has no right over this power of attorney fee that the attorney is entitled to receive. The law states, 'This fee belonging to the attorney cannot be offset or seized due to the client's debt.' The attorney is always entitled to receive the power of attorney fee because they legally follow the case, regardless of how the case concludes.