Hiring a lawyer in Turkey is a crucial step both for taking preventive measures before a dispute arises and for ensuring that correct legal actions are taken to protect your rights once disputes emerge. For foreigners, understanding the Turkish legal system can be particularly challenging due to language barriers and the specialized nature of the field. This article outlines the legal requirements, processes, and key considerations when hiring a lawyer in Turkey.
Legal Requirements for Hiring a Lawyer
Under the Code of Civil Procedure (Law No. 6100) and the Attorneyship Law (Law No. 1136), there is no mandatory requirement to hire a lawyer in Turkey to file a lawsuit, become a party to a case, initiate enforcement proceedings, or perform other legal actions before courts. However, considering the complexity of legislation and the potential differences between theory and practice, working with a lawyer is strongly recommended to avoid potential loss of rights.
Additionally, in cases involving significant monetary claims or enforcement proceedings, the costs of litigation and court expenses are proportionally higher. Thus, the stakes also increase. Entrusting such matters to professionals, i.e., lawyers, minimizes the associated risks and safeguards your interests.
For foreigners, language barriers and logistical issues, such as access to courts, can present additional challenges. Collaborating with English-speaking lawyers in Turkey can help prevent potential issues and facilitate smoother processes.
Lawyer Fees and Fee Agreements
The minimum fees for legal services are determined by the Minimum Fee Tariff issued by the Turkish Bar Association. However, this tariff is not definitive, as lawyers may charge different fees depending on the scope and complexity of the services they provide. Factors such as the duration of the service, the number of professionals required to handle the matter, and the type of dispute significantly influence the fee structure.
Legal fees are primarily arranged in two ways:
- Lump Sum Fee: A predetermined fixed fee agreed upon for a specific legal service or case. The lawyer is compensated for completing the task, and additional working hours or extra expenses are not included in this fee.
- Hourly Fee: The lawyer charges a specified rate per hour for the services provided. The total cost depends on the time spent and the scope of the task. This type of fee arrangement is commonly used for advisory services or matters requiring extended work.
Additionally, a success fee, an additional payment contingent on winning the case, may also be negotiated. In all cases, it is imperative that the service and fee agreements are documented in writing.
Key Considerations for Choosing a Reliable Lawyer
A lawyer gains access to your personal information and handles your legal matters on your behalf. While lawyers are obligated to exercise due care in their professional duties, the breadth of the legal field means that they often specialize in particular areas. For example, some lawyers focus on arbitration, labor law, international law, commercial law, insurance law, construction law, banking and finance law, establishing a company or legal consultancy .
When deciding which lawyer to work with, you should consider their expertise in handling similar disputes, their language skills (e.g., fluency in English), and their track record of success. Evaluating these factors in advance can help you avoid potential issues later.
Conclusion
Collaborating with competent, English-speaking lawyers who specialize in areas such as arbitration or other alternative dispute resolution methods, or who can provide corporate legal consultancy services, is vital for protecting your rights and ensuring efficient legal processes in Turkey and internationally. By following the steps outlined above, you can select a trustworthy lawyer and address your legal matters with ease.