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Regarding the compensation law in Turkey, there is a "no win no fee" principal, does it mean that I do not have to pay any cost on this kind of case? Because some lawyers said I have to pay attorney fee, labour and time expenses plus contingency fee, and some lawyers said I have to pay contingency fee only, therefore, which one is a legal practice in Turkey?
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1. Compensation law takes place under civil procedure law in Turkey.
2. There is no “no win no fee” principal in our law system.
3. There will be two different types of costs for plaintiff when filing suit. Attorneyship fee and litigation costs.
4. Plaintiff has to pay litigation costs to the court counter just before filing suit. Some part of this fee may be named compulsary, some may be named contingency fee. When the case finalized, the money that has not been used during litigation (remaining of litigation costs that paid earlier) are given back to the plaintiff by the court.
5. Plaintiff will have to pay attorneyship fee with the condition that being not lower than shown at “The Minimum Attorneyship Fee Tariff” when made “Contract of Attorneyship”. This fee (approximitaly at least 10 percent of the matter in dispute) has not to be paid in advance.
6. If you wholly win the case, you will have the right to get all your litigation costs from the opposing party. In this case you will also have the right to get attorneyship fee decreed by the court according to “The Minimum Attorneyship Fee Tariff” from the opposing party.
7. Normally this second attorneyship fee is of the attorney representing you at the court according to the Attorneyship Law. But you may agree contrarily that it will be of the client if attorneyship fee decreed by the court is collected from opposing party in the future, while making contract.
8. If you partly win your case, you will also have to pay attorneyship fee (if represented by attorney) and litigation costs of the other party according to percentage of winning situation.
9. The person who files suit, has to bare results of it.
I hope this helps and you do not need to ask any more question.
Kadir ORUÇ
Attorney