Frequently Asked Questions About Our Law Firm

Under Turkish Law, except for circumstances explicitly stipulated by legislation, parties are not obliged to be represented by an attorney. Everyone has the right to represent themselves before the courts. However, since our legal system covers a broad spectrum, legal matters must be handled with utmost precision. It is challenging for an individual to represent themselves in court without being a lawyer. A person who wishes to conduct their case without an attorney risks not only the possibility of losing rights but also suffering material and moral damages. For this reason, we strongly recommend that you pursue your case with a lawyer and, if possible, consult an attorney even before initiating proceedings.

The legal profession is an independent professional activity. The attorney’s fee refers to the amount or value corresponding to the legal assistance provided by the lawyer. Lawyers make their legal knowledge and experience available for the benefit of individuals. As in every profession, legal consultancy and other legal services within the practice of law are subject to fees. Payment of fees to a lawyer is also a legal obligation, and it is prohibited to conclude a fee agreement below the amounts set forth in the minimum attorney fee tariff.

The attorney’s fee may not be agreed upon below the minimum attorney fee tariff. In cases where a lawsuit is undertaken free of charge, the matter must be reported to the bar association’s board of directors.

Attorney’s fees may be determined in two ways:

1. By an attorney-client fee agreement: This is the fee agreed upon freely between the lawyer and the client under a written contract. However, even in such agreements, there are statutory limitations. The fee agreed upon may not be less than the Minimum Fee Tariff, nor may it exceed 25% of the value of the case.

2. In the absence of an agreement: Where no attorney-client fee agreement has been concluded, or no written agreement exists, or the agreement is unclear, disputed, or deemed invalid regarding its fee provisions, the fee shall be determined for monetary claims and proceedings by the competent authority reviewing fee disputes. In such cases, provided that it is not below the Minimum Fee Tariff, the fee shall be set between 10% and 20% of the value of the claim awarded, calculated as of the date the judgment becomes final, in consideration of the attorney’s effort. For non-monetary claims and proceedings, the Minimum Fee Tariff shall apply.

Notarial services abroad are carried out by consuls. Clients who wish to issue a power of attorney while abroad must personally apply to the relevant Turkish Consulate in that country and issue the power of attorney through the consulate.

For a power of attorney issued by a foreign notary, an apostille annotation must be obtained from the competent apostille authority of that country. At Turkish Consulates abroad, it is not possible to issue powers of attorney on behalf of companies established under foreign law. Powers of attorney in the “official deed” form can only be issued at Turkish representations, whereas notaries abroad may issue powers of attorney only in the form of certification.

For a person residing abroad to grant a power of attorney to someone in Turkey, they must apply to the nearest Turkish Consulate with their national ID card, passport, and two photographs. For powers of attorney concerning real estate transactions, it is advisable to also provide a copy of the title deed or related property information.

At Turkish Consulates abroad, foreign private individuals may also issue powers of attorney. The power of attorney is drawn up in Turkish. Persons who do not speak Turkish must be accompanied by an interpreter. As in all notarial transactions, the individual must present their ID card (if foreign, a valid identity document, and if applicable, a Blue Card).

However, some countries may not recognize powers of attorney issued at foreign representations within their own territory. For detailed information on this matter, it is advisable to consult the relevant local authorities.

Powers of attorney to be issued for divorce, alimony, recognition, and enforcement proceedings must contain special authorization and a photograph. In addition, powers of attorney for divorce and alimony proceedings must be issued in two copies. According to Article 89 of the Notary Law No. 1512, contracts and powers of attorney requiring transactions at the land registry, wills, conditional sales with retention of title, promises of real estate sales, foundation deeds, marriage contracts, adoption and recognition, inheritance partition agreements, as well as other transactions prescribed by law to be executed officially, must be drawn up in the form of an “official deed.” Such official deeds are prepared by the consul in the form of a protocol, tailored to the individual’s situation and request. Therefore, these transactions can only be carried out upon the personal application of the individual to the Turkish Consulate, accompanied by their national ID card, valid passport, and two recently taken passport-size photographs.

If there are documents that need to be reviewed regarding the matter on which you seek advice, they should be sent to info@oner.av.tr. After the legal consultation fee has been deposited into the bank account we specify, written legal consultation will be provided regarding the subject of your inquiry by e-mail within the shortest possible time and no later than 2 business days.

For legal consultation by telephone, once the consultation fee has been deposited into the bank account we specify, our office will promptly contact the client and provide the requested consultation. In non-urgent situations, a mutually agreed appointment time will be arranged, and the consultation service will then be provided.

The duration of a lawsuit varies depending on the type of case and the workload of the court in which it is filed. In 2010, the average duration of proceedings was as follows: 165 days before the Family Court, 109 days before the Civil Court of Peace, 455 days before the Commercial Court of First Instance, 446 days before the Labor Court, and 544 days before the Intellectual and Industrial Property Rights Court.

The Ministry of Justice has set target durations for 220 types of investigations and 1,457 types of lawsuits, with the implementation starting on September 3. Through this initiative, it is aimed to conclude cases within the specified timeframes.

A minor child is under the custody of both parents. Except for legal reasons, custody cannot be removed from the mother or father. As long as the marriage continues, both parents exercise custody jointly. Minors not under parental custody are placed under guardianship.

According to legal regulations, the right of custody is exclusively granted to the mother and father and, except in cases of adoption, cannot be assigned to anyone other than the parents.

If the marital life has ended or a separation has occurred, the court may award custody to one of the spouses. In such cases, custody in divorce proceedings belongs to the parent with whom the child is placed.

If the circumstances outlined in Article 348 of the Turkish Civil Code No. 4721 arise, the judge may exercise the discretion granted under Article 182 of the same Code to remove custody from both the mother and the father and place the child with a third party or an institution.