FAQ

The legal profession is a public service and a self-employed profession. It is not a commercial activity.

The fee to be paid to the lawyer is determined by the written or oral contract to be made between the lawyer and the client. If a written contract has not been made, in case of disagreement, the work covered by the fee is determined in the attorney's minimum fee schedule. Accordingly, the fee paid covers all the transactions to be made until the final decision regarding the work that is the subject of the contract is obtained. There is no refund of the fee paid in cases such as losing the case, abandoning the lawsuit afterwards, or dismissing the attorney from his/her duty.

Since the legal activity is a free professional activity, the fees they ask for are variable, they determine and appreciate the amount themselves. However, the minimum amounts of the fees they will request are determined by a tariff that is determined by the Union of Turkish Bar Associations (TBB) every year and approved by the Ministry of Justice. The upper limit of the fee to be requested is 25% of the amount subject to the lawsuit.

Only people who are Turkish citizens, graduated from Turkish law faculties, completed their legal internship, registered with a bar association and have no disability can provide this service. It is illegal for those who do not have these qualifications to provide attorneyship/legal consultancy services in Turkey.

As soon as a lawyer is registered with a bar association and gets a "license", he starts his profession as a lawyer. At the same time, he also gains the right to use the title of "lawyer".

It is the oath taken in front of the board of directors of the bar association while giving a license to a lawyer admitted to the profession. The text is as follows; “I swear on my honor and conscience that I will act in accordance with the law, morality, honor and rules of the profession.”

Insurance, trade, craftsmanship, public service, etc. jobs cannot be combined with attorneyship.

Member of parliament, provincial council and municipal council membership, associate professor and professor of law, arbitrator, liquidation officer, judicial duties, partnership and membership of companies and political organizations, chairman of the board of directors, auditing, newspaper ownership and directorship.

This situation does not hinder their professional activities. However, they cannot work together in the same case.

Joint stock companies and cooperatives with a capital more than 5 times the capital stipulated in article 272 of the Turkish Commercial Code are obliged to have a contracted lawyer. In criminal proceedings, on the other hand, if the probable sentence is more than 5 years or if the accused is under the age of 18, the presence of a lawyer is obligatory.

No, everyone can follow their own case, organize their own paperwork.

Lawyers can avoid taking incoming business without giving reasons. Offers made; If they are unfair and corrupt, if they have served in that job before, if they have served the other party in the same job, if the job is against the requirements of professional solidarity and order, if they want the invalidity of a document they have issued, they are obliged to reject it.

Everyone who is faced with an accusation has the right to "hire a lawyer, call their existing lawyer, not speak without a lawyer, and ask for a lawyer if they can't afford to hire a lawyer". In every criminal investigation, the suspect and/or the accused must be reminded of this right. If the suspect or the accused requests a lawyer, a lawyer from the bar association is appointed. In cases where the accused is under the age of 18 or the penalty that can be determined is 5 years or more, it is obligatory to have a lawyer in the trial. In these cases, a lawyer is appointed even if the accused does not want it.

Unless the fees and expenses are paid, the lawyer has no obligation to return the documents in her/his possession.

Claims for damages arising from the attorneyship contract become time-barred after 1 year from the birth of this right, and in any case 5 years.

If the client has been notified of the withdrawal of the documents given to the lawyers, it is a legal requirement to keep these documents for 3 months as of this letter, otherwise for 3 more years after the end of the work.

Lawyers cannot disclose what they have learned due to their duties. Provided that they have the consent of the employer, they may testify in these matters, and they may refrain from testifying despite their consent.

It is forbidden for lawyers to engage in any attempt or act that can be considered an advertisement, and to use titles other than attorney titles and academic titles, especially on their signs and printed papers.

The duty of the lawyer, who withdraws from her duty at her/his own request, continues for another 15 days from the date of notification to her/his client.

The lawsuit is filed with a lawsuit petition that will be submitted to the relevant court and includes the mandatory elements. Postage costs and litigation fees are also paid with the petition, and the receipt is given to the court along with the petition.

When you win the case, the court orders the costs to be collected from the other party and paid to the plaintiff. However, the costs to be paid to the plaintiff are only legal costs. Many expenses incurred in preparing the case (transportation expenses, attorney's fees, etc.) will not be reimbursed.

If the assistance of a lawyer will not be used, the following questions should be answered;

a) Do you have enough information to file and execute lawsuits?

b) Are you ready and determined to follow the case without interruption, even if it takes a long time and many technical actions are taken? Because, negligence, interruption, and disruptions in the follow-up of the case cause the case to be rejected or considered unopened.

c) Have you taken into account the consequences if your case turns out to be negative?

If you have a lawyer, you should be fully informed about these issues;

a) What will be the cost of your case? (Judiciary expenses and attorney fees)

b) What will be the extra cost if the case is lost? (Balance litigation fees, attorney fees to be paid to the other party, court costs, etc.)

c) Are there other legal remedies available?

Lawsuits must be filed in competent and authorized courts. It is necessary to determine which court is in charge and then which local court is competent. Applying to the wrong court can lead to loss of time, money and rights. Before filing the case, professional help from a lawyer should be sought in this regard.

The statute of limitations is when a right expires after a certain legal period. It is a general legal concept. In private law and in cases where there is no public order, the judge does not automatically consider the statute of limitations. In cases involving criminal law and public order, it is automatically taken into account by the judge or prosecutor.

Yes, litigation and execution can be costly. Legal costs in Turkey are lower than in European countries. However, depending on the type and duration of the case, the costs can reach serious dimensions. It is appropriate to be prepared for these expenses and to learn the possible amounts in advance. As a rule, costs are collected from the plaintiff during the lawsuit. If you do not pay the cost, the court assumes that you give up the relevant transaction, which will cause delay or even rejection of the case.

You can reach us using the information on our website. Making an appointment with this information and providing summary information will enable us to better understand the problem, to talk to the right people and to save time mutually. As you can see from our website, we can meet in two different ways as a result of your appointment. Your first option is to have a “Face-to-Face meeting” and make an appointment for it. Your second option is to have a “virtual meeting”. If you want to meet, explain your problem face to face and save time, we recommend you to make an appointment to meet face to face. However, if you are in another city and/or country and do not have the time and financial means to travel, it is also a good option to make virtual calls by making audio and video communication via Messenger or Skype programs. An important point that you should not forget is that you will have to pay a consultancy fee before the interview for the interviews you will make in both options.

There is no difference between people and Turks useful tools for the company in Turkey.

Of course it can. However, it is necessary to obtain a work and residence permit by making applications to the Ministry of Labor and Social Security and the Ministry of Interior.

Lawyers can only open one office within the bar district in which they are registered.

If you have decided that you want to hire a lawyer, have interviewed with the lawyer you want to hire, and you have been asked to issue a power of attorney, you can start the process of issuing a power of attorney. You can apply to any notary public in the country with your identity card, driver's license or passport. If abroad; You should apply to the Turkish consulates or to the notary public or authorized institution of that country, provided that it is subsequently approved by the Turkish Consulate, or to the notary public or other institutions of that country that are authorized to issue an apostilled power of attorney, and you must have a power of attorney, including the authorities requested from you. You can use the samples of the power of attorney available in the relevant authority, or you can get at least 3 printouts from the sample of the power of attorney on our website and have this text approved, and you can have your transaction done in the listed authorities.

The acquisition of immovable property by foreigners is regulated in Article 35 of the Land Registry Law No. 2644. According to this; Real persons of foreign nationality may acquire immovables that have been reserved and registered for these purposes within the implementation development plan or local development plan to be used as a workplace or residence in Turkey, provided that they are mutual and comply with legal restrictions. The same conditions are sought in establishing a limited real right. The total area of immovables and independent and permanent limited real rights that a foreign natural person can acquire throughout the country cannot exceed two and a half hectares. The Council of Ministers is authorized to increase the surface area up to thirty hectares, under the conditions specified. In the establishment of immovable pledge in Turkey, the above-mentioned records and restrictions are not sought. In determining the reciprocity, the legal and actual situation is taken as a basis. In the application of this principle to the nationals of countries where the right of land ownership is not recognized, it is essential that the rights granted to its own citizens by the foreign state in the acquisition of immovable should also be granted to the citizens of the Republic of Turkey.

The proxy relationship between the attorney and the client may end in the form of death of one of the parties, resignation of the attorney, dismissal of the client, and termination of duty by mutual agreement. If you want the power of attorney you have given to be used in the follow-up of your other possible works in the future, if the work undertaken by your lawyer is terminated, there is no need to take any action. It would be correct to keep a record of the completion of the work and the satisfaction of the parties with each other. If you are not satisfied with your attorney, you can end the task by sending a dismissal letter from any notary public, provided that you fulfill your fee obligation.

In general, when issuing a power of attorney, the text of the power of attorney includes "acceptance of consent, peace and release, waiver of the lawsuit and appeal, acceptance of waiver of the lawsuit, transfer, organization, performance of the power of attorney together or separately, etc." Make sure to have procedural powers. Otherwise, you may experience disruptions and delays during the continuation of your legal proceedings and you may need to renew the power of attorney. You will need to submit 2 photographs when issuing a power of attorney for divorce cases. If you have special requests such as withdrawing money from the bank, making transactions in the land registry office, reemployment lawsuit, representation in the Constitutional Court, litigation before the ECtHR, these special powers should also be included in the power of attorney in detail. When issuing a power of attorney on behalf of legal entities, a certificate of authorization, signature circular, etc., indicating that you can represent that legal entity. You must also submit documents.

“Companies with foreign capital” are companies established or participated by foreign investors in Turkey within the framework of the provisions of the Turkish Commercial Code and registered in the Turkish Commercial Registry. Companies established in Turkey and headquartered in Turkey are considered Turkish companies under Turkish law, regardless of whether they have domestic or foreign capital. In this context, in accordance with subparagraph (d) of Article 3 of the Foreign Direct Investment Law No. 4875; Companies with legal personality established or participated by foreign investors in Turkey are free to acquire immovable property or limited real rights in regions open to acquisition by Turkish citizens.