Uçarer Law and Consultancy
Kayseri Avukat Büro Görseli

FAQ

Is it mandatory to hire a lawyer?

In Turkey, it is not mandatory to hire a lawyer for legal proceedings or transactions. Individuals can handle their own matters. However, mistakes can lead to significant loss of rights, so obtaining legal assistance is recommended.

Is there a distinction between bar association lawyers or state-appointed lawyers?

Lawyers can be categorized as institutional lawyers, freelance lawyers, and employed lawyers. Institutional lawyers work only for the institution where they are employed and have civil servant status. Freelance lawyers operate their own law firms. Employed lawyers work under another lawyer and may take freelance cases depending on circumstances.

Where do lawyers work? Are they always in courthouses or their offices?

Lawyers work either in their affiliated institution or private offices. Though they frequently appear in court for work-related matters, they do not have designated offices within courthouses. They visit the courthouse only when required.

Is there a hierarchical relationship between judges/prosecutors and lawyers?

There is no hierarchical relationship between judges, prosecutors, and lawyers. Prosecutors and lawyers have equal rights during proceedings. Judges deliver decisions without being above or below either party. All three professions require law school degrees.

Do I have to pay to ask a lawyer a question?

Whether asking a lawyer is subject to a fee depends on the nature of the response sought. If you require a detailed legal answer, it will likely be chargeable since the lawyer uses their expertise and professional knowledge to provide the response.

Can I get answers to my questions over the phone?

While phone consultations are not a standard practice, short answers may be given for basic, non-legal inquiries. However, such brief information cannot replace the depth and accuracy of face-to-face consultations. Therefore, it’s best to request an in-person meeting with a law office, especially since most operate by appointment.

Do lawsuits take a long time?

According to the Ministry of Justice, as of 2012, civil lawsuits in Turkey took an average of 202 days to conclude. This duration may vary depending on the type of case and the court in which it is filed.

Where should I file my lawsuit?

Lawsuits must be filed in the authorized and competent courts. After determining the type of court, you must identify which regional court has jurisdiction. Since there is no quick answer and filing in the wrong court may result in wasted time, money, and rights, it is essential to seek professional legal support before initiating a lawsuit.

What are the expenses when filing a lawsuit? Who covers them?

When filing a lawsuit, an initial court fee must be paid, which varies depending on the case type. These fees are stipulated by law and updated annually. In addition to this, an advance payment for expenses such as notifications, expert fees, and witness payments must be made. The court later determines who will bear these costs in the final ruling.

What is an attorney’s fee?

The legal profession is considered freelance work. According to Article 65 of the Income Tax Law, freelance work is defined as non-commercial services based on personal effort, scientific or professional knowledge, and specialization, performed independently. Paying a salary to a lawyer is legally mandatory, and fee agreements below the minimum attorney fee tariff are prohibited.