Judicial principles and studies
Special Power of Attorney and the Effect of Agent Dismissal on Attorney's Fees
A brief overview of proof of a special power of attorney and the entitlement and calculation of attorney's fees when a principal dismisses the agent and prevents filing the suit.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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A brief overview of proof of a special power of attorney and the entitlement and calculation of attorney's fees when a principal dismisses the agent and prevents filing the suit.
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Subject
This summary addresses proof and effects of a special power of attorney and the consequences of a principal dismissing the agent on entitlement and calculation of attorney's fees. Key elements include the lawyer producing the power before a notary when serving a legal notice, the appellate court's authority under Article 185/1/b of the Civil Procedure Code to obtain a copy and treat it as necessary evidence, the legitimacy of the principal's dismissal and its effect on the lawyer's ability to file suit, and the role of the fee agreement and Articles 45–48 in determining fees.
Summary
Where the attorney presented the power of attorney to the notary at the time of the legal notice, the appellate court should obtain and accept it as evidence to determine whether the attorney was duly authorized and then examine whether the principal lawfully revoked the power and thereby prevented the suit. Dismissal without lawful cause that thwarts filing satisfies the condition for fee entitlement under the agreed terms; the principal's right to delay filing is not absolute once a special power is executed. If fees must be assessed despite no suit or collection, the agreed loss-case rate (the agreed 1% of the instrument's value) applies rather than a percentage tied to judgment or collection, since the latter depend on events that may not occur. The court of cassation may decide without remanding if the case is ripe under Article 97/4.
Practical significance
A notarized copy of the power of attorney presented at notification supports its reception as necessary evidence on appeal; unjustified dismissal can trigger entitlement to fees under the fee agreement; where recovery is uncertain, compute fees using the agreed loss-case percentage. This is an educational summary and not a judicial text or legal advice.
Frequently asked questions
Subject?
This summary addresses proof and effects of a special power of attorney and the consequences of a principal dismissing the agent on entitlement and calculation of attorney's fees. Key elements include the lawyer producing the power before a notary when serving a legal notice, the appellate court's authority under Article 185/1/b of the Civil Procedure Code to obtain a copy and treat it as necessary evidence, the legitimacy of the principal's dismissal and its effect on the lawyer's ability to file suit, and the role of the fee agreement and Articles 45–48 in determining fees.
Summary?
Where the attorney presented the power of attorney to the notary at the time of the legal notice, the appellate court should obtain and accept it as evidence to determine whether the attorney was duly authorized and then examine whether the principal lawfully revoked the power and thereby prevented the suit. Dismissal without lawful cause that thwarts filing satisfies the condition for fee entitlement under the agreed terms; the principal's right to delay filing is not absolute once a special power is executed. If fees must be assessed despite no suit or collection, the agreed loss-case rate (the agreed 1% of the instrument's value) applies rather than a percentage tied to judgment or collection, since the latter depend on events that may not occur. The court of cassation may decide without remanding if the case is ripe under Article 97/4.
Practical significance?
A notarized copy of the power of attorney presented at notification supports its reception as necessary evidence on appeal; unjustified dismissal can trigger entitlement to fees under the fee agreement; where recovery is uncertain, compute fees using the agreed loss-case percentage. This is an educational summary and not a judicial text or legal advice.
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