Recommendations While Choosing a Lawyer in Turkey ; It may vary according to everyone’s personal criteria and life experiences. In this article, we have touched upon the points to be considered while choosing a lawyer.
I. About the Lawyer Profession in Turkey
Lawyer, who ensures the regulation of legal relations, the resolution of all kinds of legal issues and disputes in accordance with justice and equity, and the full implementation of the rules of law at all levels, before judicial organs, arbitrators, official and private persons, boards and institutions; A person who works in the public service and is a self-employed person.
This definition is summarized in Articles 1 and 2 of the Attorneyship Law No. 1136, to which all lawyers are subject.
As can be understood from the definition of the profession; Lawyers serve justice in legal matters. In all his professional activities, the lawyer is independent against the state, against the judiciary, against his client, and against the society.
From here, to the Attorneyship Law No. 1136,
To the Code of Conduct of the Union of Turkish Bar Associations here,
You can access the Charter of Core Principles of the European Legal Profession and Code of Conduct for European Lawyers in Europe here.
Conditions of Being a Lawyer in Turkey
In order to become a lawyer, the conditions for admission to the profession set out in Article 3 of the Attorneyship Law are required. In order to become a lawyer within the scope of this article,
- To be a citizen of the Republic of Turkey,
- To graduate from one of the Turkish law faculties, or to have graduated from a law faculty of a foreign country and to have passed the missing courses according to the programs of the law faculties of Turkey,
- To have a residence in the bar association region where the registration is desired, according to the Law of Attorneyship there should be no obstacle to being a lawyer.
- Every lawyer starting the legal profession has to be registered in the bar association.
A person you know as a lawyer or who introduces himself/herself as a lawyer; You can confirm whether you are really a “Lawyer” on the Bar Association of Turkey Bar Association Lawyer Search page.
If you know the bar association of the city where the lawyer is affiliated, you can confirm by searching the bar association plate of that city with the name and surname of the lawyer. You can access the Istanbul Bar Association Bar Board website here.
The attorney’s registration information, address, telephone number and e-mail address can also be found on these pages.
You can find more detailed information on this subject in our “Where Can I Find A Lawyer Istanbul?” article.
II. Why Should You Work With a Lawyer?
The Lawyer Has Knowledge and Experience Regarding Your Legal Matters.
According to our legislation (with some exceptions, for example, the second and fourth paragraphs of Article 150 of the Criminal Procedure Code), everyone has the authority to defend himself and to follow his own case personally.
However, you may not have sufficient knowledge and experience regarding your legal issue. You may also get wrong information in your research on your legal issue. In such a case, you are likely to lose your rights.
You must take legal action by filing a lawsuit, an enforcement proceeding, or a lawsuit or enforcement proceeding filed against you, or the issues written in the notice sent to you, in a timely and correct manner.
Not Working with a Lawyer May Cause Regret.
Legislation is very complex. Even if you try to research the legislation, there may be many things you miss. You can make mistakes in the interpretation of laws. Most of the information on the Internet needs confirmation. Even the information you have obtained must be consulted with a lawyer.
When signing a contract; While you think that the articles of the contract protect you, you may lose your right because you do not know that the article in the contract is clearly contrary to the mandatory provision of the law.
A decision may be made against you because you gave the wrong answer to the judge’s question while you were personally following the hearings of your case, or because you did not object to the statute of limitations.
In the criminal investigation or prosecution initiated against you; in other words, you may not be able to prove your innocence because you cannot make a correct defense in case of a public lawsuit against you.
In addition, even if you have filed a complaint against a person; Because you did not write the complaint letter correctly, it can be decided that there is no need to prosecute that person or people, or even if a lawsuit is filed, a decision of acquittal can be given.
Your wrong legal actions may even make you suspect or accused. (Slander Crime)
Working with a lawyer in all your legal affairs, transactions and lawsuits; overtime, cost, most importantly, it will put you in a much more advantageous position to prove your rightness than to file a lawsuit yourself.
III. How Does a Lawyer Work?
The lawyer, the events and legal issues told by the client or the client; defines it as legal and puts it on a legal basis.
Attorney, by reaching the right legislation; It performs subordinate activities in the articles of the law and adapts the article of the law to the event. The lawyer thinks through the legal issue and with all its legal risks; determines the strategy. He endeavors to solve the legal problem in the shortest time and with the least expense, in favor of his client.
In the third paragraph of article 2 of the Attorneyship Law includes; “Judicial organs, police authorities, other public institutions and organizations, state economic enterprises, private and public banks, notaries, insurance companies and foundations must assist lawyers in the fulfillment of their duties. Without prejudice to the special provisions in their laws, these institutions are obliged to present the information and documents required by the lawyer for his examination.” Pursuant to this article, the lawyer can examine the files that the citizen does not have the authority to examine, take samples from the files by presenting a power of attorney, and can correspond with state institutions and private institutions, based on the authority granted to him by the law.
Defender – Criminal Defense Attorney
In criminal investigation and criminal trial, lawyer; takes the title of defender. Expressed as “Criminal Lawyer” among the people; The defender uses the powers granted by the Constitution, international agreements, especially the Code of Criminal Procedure. In criminal investigation and prosecution; he can participate in all proceedings in which his client, suspect or accused participates, and can meet with his client, who is caught, detained, arrested or sentenced, without being subject to supervision. Examine the criminal investigation or case file, without submitting a power of attorney at the investigation stage; (provided that the file is not restricted within the scope of criminal procedure law 153) a copy of the documents he/she wants can be obtained free of charge. Even in the case of a restraining order within the scope of criminal procedure law 153, the report containing the statement of the arrested person or the suspect, expert reports and other judicial proceedings in which the aforementioned persons are authorized to be present can be obtained. In the criminal case; criminal lawyer; may obtain a full copy of the file by presenting a power of attorney. The powers granted by law for criminal lawyers, but not limited to those listed above; beyond the citizens’ powers.
For these reasons; whatever the penalty; It is very important to benefit from the assistance of a lawyer in criminal investigations and criminal cases.
There are people who think like; “I am not guilty. Why should I hire a lawyer?” in society. In any field of law; a person has the assistance of a lawyer and represents himself with a private lawyer; no lawyer, judge, prosecutor or law enforcement officer does not mean that he is guilty.
No jurisdiction or government agency or public official can say; “Why do you have a lawyer if you are innocent?” A lawyer is an indispensable element of defense. Defense without a lawyer, trial without defense is unthinkable.
In criminal investigations and criminal proceedings; It is so important to benefit from the help of a lawyer; “… to benefit from the help of a lawyer of his choice; If one does not have the financial means to hire a lawyer, and if it is deemed necessary for the administration of justice, being able to benefit from the assistance of an ex officio appointed lawyer free of charge” has been accepted as a fundamental right and freedom. (Section c of the third paragraph of Article 6 of the European Convention on Human Rights, entitled Right to a Fair Trial.)
IV. Lawyer’s Expertise
At this point, the lawyer’s knowledge and experience come into play. For many lawyers, there is a field of law that they are interested in and see themselves as more knowledgeable and experienced.
In the expertise of the lawyer, criteria such as having a master’s degree and doctorate, having articles on this subject, having the work undertaken more concentrated in these areas and undertaking other duties related to this field of law are of great importance.
The fact that the lawyer has a specialization area does not mean that the lawyer does not have knowledge in other areas of law. There is no restriction on the working areas of lawyers, neither in law faculties nor in their internship or profession. For these reasons, the lawyer has to have sufficient knowledge and experience in the fields of work that are not his field of expertise. Because, while practicing their profession, lawyers are subject to the responsibility of care within the scope of the power of attorney agreement within the scope of the Turkish Code of Obligations No. 6098. A lawyer is obliged to show due diligence at least as much as another lawyer can achieve success in the work he undertakes. Regarding the job undertaken by the lawyer, he doesn’t have the luxury of saying. “I do not have enough knowledge and experience in this matter.”
V. References
You can primarily use references when choosing a lawyer. You can choose to work with colleagues who have helped a person you know about your legal dispute and issue before and who expressed their satisfaction in this matter.
Lawyer Research on the Internet
During the search for a lawyer, you can also search for a lawyer online.
In internet research, the most; It is seen that searches are made as “best lawyer in Turkey” “best divorce lawyer in Istanbul” “best criminal lawyer in Turkey Istanbul “. We want you to know that the search for “best lawyer” while doing research may not have directed you to the right lawyer.
Pages that appear in the search for “the best lawyer”; They are the pages that you come across only in return for the right SEO work or thanks to Google ads.
Lawyers are professionally subject to the Advertising Ban Regulation of the Union of Turkish Bar Associations. According to this regulation; Lawyers must refrain from all acts of advertising nature. A lawyer who introduces himself as “the best lawyer” on a website; In the first case, he knowingly and willingly acts in violation of the advertising ban and exhibits a behavior that is incompatible with the professional rules. The second possibility, which is worse than this, is; The lawyer is unaware of the advertising ban. In such a case, our humble advice would be not to work with lawyers who exhibit behaviors and attitudes that are incompatible with the professional rules of attorneyship.
With this; on some web pages; It is seen that only the phone number and phrases such as “Bakırköy lawyer“, “Istanbul best lawyer“, “Istanbul Criminal Lawyer”, “Bakırköy High Court Lawyer” are used without any lawyer information. We would like to share that the accuracy of the information on such sites needs confirmation. The people you reach from the phone numbers on such sites may not be lawyers. It is possible that these people are people who bring jobs to lawyers.
In article 48 of the Attorneyship Law; “Those who act as intermediaries in bringing a job to the lawyer in return for a fee promised or given by the lawyer or the employer, or for any other benefit, and the lawyers who use the intermediary, shall be sentenced to imprisonment from six months to one year.” We would also like to point out that “bringing a job to a lawyer in exchange for profit” is defined as a crime with the provision.
It is very difficult for foreigners, especially those who try to find a lawyer on the Internet. Because it is seen that many websites containing information such as “lawyer” “law” “lawsuit” “law office” “law firm” were not established by lawyers.
No one other than lawyers can take legal action or application in Turkey. It is seen that some people act as an intermediary for foreigners to make residence permits, lawsuits, citizenship and similar legal transactions under the name of “consulting company”. For this reason, we recommend that you do not “pay” or share your personal information with unreliable people whom you are not sure of “lawyers”.
VI. Availability of a Lawyer
One of the most common complaints about lawyers is the inability to reach a lawyer.
It is useful to know that; lawsuits, enforcement proceedings and many legal issues depend on deadlines. Lawyers compete with deadlines in their professional activities. For this reason, lawyers spend a lot of time in order to make timely applications and write petitions due to the time in their jobs.
Lawyers’ work in courthouses or prisons or in public institutions and organizations can also take a long time. Especially the works and proceedings in the enforcement offices and the hearings can take a long time from the lawyers. Judges can hold multiple hearings on the same hearing day and at the same hearing time, while lawyers can wait for the hearing.
Lawyers can often be in meetings for hours during the day or make phone calls for hours.
All these reasons can occupy most of the lawyer’s working hours during the day.
It would be beneficial for the client candidate who wants to reach the lawyer “immediately” to know these situations. Otherwise, he may look for different reasons for not being able to reach a lawyer. However, being a lawyer is first and foremost a profession of trust. For this reason, all situations that may cause discussion between the client and the lawyer should be resolved within the framework of mutual respect.
Lawyers can often be in meetings for hours during the day or make phone calls for hours.
All these reasons can occupy most of the lawyer’s working hours during the day.
It would be beneficial for the client candidate who wants to reach the lawyer “immediately” to know these situations. Otherwise, he may look for different reasons for not being able to reach a lawyer. However, being a lawyer is first and foremost a profession of trust. For this reason, all situations that may cause discussion between the client and the lawyer should be resolved within the framework of mutual respect.
You should not call your lawyer out of working hours without an important and urgent situation. However, in emergencies, you may need to contact your lawyer. For example, you may have been given an “arrest” decision due to a lawsuit you were not aware of. In such a case, you can be stopped at the police checkpoint and taken to the police station, prosecutor’s office or court to take your statement. In such a scenario, reaching your lawyer is extremely critical. However, except for exceptional and emergency situations, your lawyer is also a mother, father, child, spouse; Do not forget that she/he may be spending time with his family, she/he needs rest, she/he may go on vacation.
Whether your lawyer complies with the appointments given is also important in terms of accessibility.
VII. Does the Lawyer Provide Information?
It is obligatory for the lawyer to inform his client within the framework of professional rules. This transfer of information can be verbal or written. The lawyer must inform his client about his client’s lawsuit, enforcement proceedings or other transactions.
It is a very reassuring behavior for the lawyer to give you detailed information about the applications he has made, and even to share the application forms, petitions and hearing minutes with you.
However, you should never take an attitude that may create an employee-employer relationship between you and the lawyer. Your lawyer is your agent, not your employee. It is natural that you can make a request from your lawyer. Your lawyer has to consider your claims. Your lawyer cannot take any action against your written instruction.
Does the Lawyer Provide Information About Costs and Expenses?
There may be many costly transactions related to your legal issue, such as fees, advance expenses, evidence advances, travel expenses.
Lawyers are obliged to take the advance of expenses in the works they undertake from their clients. The situation in question is in the second paragraph of Article 173 of the Attorneyship Law includes; “All taxes, duties, fees and expenses necessary for the execution of the work entrusted to the lawyer or for obtaining the result after it is done are under the responsibility of the business owner and are paid by the lawyer to the lawyer at the first request or where necessary. In order for these expenses to be made by the lawyer, sufficient advance must be given by the employer. Travel expenses to be made by the lawyer for the job and compensation for leaving his/her place of residence are paid separately by the employer in accordance with the agreement. Unless these expenses are paid in advance, the lawyer cannot be forced to travel. Contrary to this provision, a contract can be made.”
Pursuing a file without receiving an advance payment from the client is an action that requires disciplinary punishment in accordance with the Attorneyship Law.
Lawyer must distinguish between the expense advance and the attorney’s fee. It is obligatory for the lawyer you have started to work with to inform you in detail what amount of the money you paid as attorney’s fee and what amount as advance expenses. The lawyer is required to inform his client what he used the advance expense for and how much the remaining advance expense amount is. It is extremely important that the lawyer be accountable to his client for advances and expenses; otherwise; there will be a trust problem.
VIII. A lawyer’s wealth is not an indicator of success.
When talking about many people in the society, especially some members of the profession; you may have noticed that it refers to the brand of his car, the location of his practice/workplace/office, and the wealth of the person. Unfortunately, this judgment in our society is perceived as a measure of professional success. However, contrary to what is believed in many professions, wealth may not be due to the income obtained from professional activities.
The wealth of a lawyer has no value in terms of professional success. Neither the brand of the lawyer’s car, the location of his office, nor the value of any other assets will have any value in resolving your legal issue. Therefore, rather than the lawyer’s assets; It would be more appropriate to focus on his dialogue with you, his knowledge and experience.
IIX. Can You Establish a Healthy Dialogue with the Lawyer?
It is extremely important for both parties that you establish a healthy dialogue in your meetings with the lawyer. Just as you think about what to consider when choosing a lawyer, the lawyer in front of you also evaluates some criteria.
Keeping the dialogue you have established with your lawyer within the framework of the business relationship will be in favor of both parties.
You should get healthy answers to the questions you ask your lawyer and you should be able to convey the information your lawyer requests from you in the same way.
Many lawsuits take years in our country. It will be in your best interest to deal with a lawyer with whom you can stay in contact for years.
Most importantly, were you able to establish a real relationship of trust with the lawyer? We recommend that you work with lawyers who avoid exhibiting behaviors and attitudes that may damage your trust relationship.
IX. Attorney’s Fee
Being a lawyer is a profession. Lawyers have to get paid while performing their profession. Since lawyers are prohibited from doing any other work according to the Attorneyship Law, the lawyer; He will not have any income other than his professional activity. The survival of the lawyer depends on the fees he receives from his clients.
Attorneyship fees are regulated in Article 164 of the Attorneyship Law. Attorney’s fee refers to the amount or value of the attorney’s legal assistance.
Lawyers may decide on the attorney’s fee “as a certain percentage of the money or the value of the case or the thing to be judged, not to exceed twenty-five percent”. However, it is not possible for the lawyer to decide on the attorney’s fee under the Minimum Attorneyship Fee Schedule.
If the lawyer exceptionally receives a free case, he must notify the board of directors of the bar association.
Be sure to request a written “Attorney’s Agreement” in the field where you want to work with a lawyer. The attorneyship agreement will protect the rights of both parties in matters that may arise in dispute.
The discretion of how much the attorney fee will be belongs to the attorney.
You can also evaluate for yourself whether the fee requested by the lawyer is too high by looking at the advisory fee schedule published by the bar association to which the lawyer is affiliated;
However, many factors such as the complexity of the issues for which you request legal aid, the type of case, the number of parties, where the legal aid will be given, whether you are under arrest, etc.
For more detailed information about the attorney’s fee, you can read our “How Much Do Lawyers Cost in Turkey?” article.
It should be emphasized that; Many issues that you want help from a lawyer are one of the important decisions of your life. If it is inevitable to get legal support in this regard, do not put your financial concerns before your life.
There comes a day in your life when you can only have a lawyer by your side.
Memduh Remzi BAL
Attorney at Law / Lawyer in Turkey
Call Us : +90 212 909 86 34
Send Mail : info@ballawyer.com
