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5 Mistakes to Avoid When Hiring a Lawyer in Turkey

Finding the right lawyer in Turkey can be tricky, especially if you do not speak Turkish and do not have any contacts or references. Here are five mistakes you should avoid when looking for a lawyer in Turkey:

1) A Turkish Lawyer Must Not Guarantee Result

The legal code governing lawyers in Turkey prohibits attorneys from guaranteeing outcomes in legal cases. Violating this rule by promising results is both unethical for the attorney and deceptive to the client. This prohibition exists because the outcome of a legal case depends not only on the lawyer’s skills but also on the validity of the client’s claim and the discretion of the judge presiding over the case. 

Additionally, it is important to note that the judge initially assigned to the case may not be the same judge who delivers the final verdict, as judges in Turkish courts are frequently reassigned. With so many variables and uncertainties, guaranteeing a result is both impossible and misleading. For this reason, clients are strongly advised to avoid attorneys who promise specific outcomes in their cases.

Remember: A good lawyer never guarantees result.

2) Your Lawyer Must Not Have a Conflict of Interest

A conflict of interest arises when an attorney has any kind of incentive from the opposing party, whether that incentive is financial or otherwise.

One of the most common examples of a conflict of interest occurs when a client seeking to purchase a property hires a lawyer recommended by the realtor or the seller. In such cases, it is evident that the realtor and/or seller likely has a financial relationship with the lawyer. Whether the lawyer is receiving a salary, commission, or client referrals from the realtor, this conflict of interest compromises the lawyer’s impartiality.
Because the lawyer has an incentive to finalize the property purchase, they may be less inclined to thoroughly investigate or warn the client about potential red flags, such as:

  • Discrepancies in ownership documents.
  • Pending legal disputes over the property.
  • Overstated property valuations.
  • Unfavorable contract terms.
  • Mortgage/lien on the property, which is the debt of the previous owner but also affects the new owner’s ownership rights

For these reasons, real estate buyers are strongly advised never to hire a lawyer referred by anyone involved in the transaction, no matter how “good” that lawyer may seem. Instead, it is always recommended to conduct your own research and hire an independent Turkish lawyer who is solely dedicated to representing your interests.

For more information on real estate purchases, you can click here:
https://www.celebilegal.com/turkey-real-estate-background/

Remember: A poor lawyer who is loyal to you is better than the best lawyer who is not loyal to you.

3) Do Not Demand a No-Cure-No-Pay Deal

A no-cure-no-pay legal fee arrangement essentially means that you ask your attorney to handle your case without any upfront payment or hourly fees. Instead, the attorney is compensated only if they win the case and successfully recover funds from the opposing party.

First and foremost, as mentioned earlier, it is impossible to guarantee the outcome of a case. Your attorney might be the best lawyer in Turkey, but if your claim is not justified, there is little they can do to win the case. Even if your attorney manages to secure a favorable judgment, there is no guarantee that the opposing party (defendant) has collectible assets. If the opposing party has no assets and refuses to pay voluntarily, enforcing the court’s judgment becomes practically impossible.

In the U.S., the U.K., and other common law countries, indemnity awards can reach millions of USD. However, the Turkish legal system, being part of the continental European legal framework, prohibits claimants from being enriched through court decisions. In other words, compensation for non-monetary damages (such as punitive damages) is significantly lower in Turkey compared to the U.S. and the U.K.

As a result, unlike law firms in the U.S., it is not in the interest of Turkish lawyers to accept a no-cure-no-pay fee structure, as the final compensation amounts are generally not substantial enough to justify this arrangement.

Any Turkish lawyer who agrees to take your legal case and work on it for years without charge, solely in the hope of collecting their fees at the end, is unlikely to be a good lawyer. Unless the case is pro bono (handled for charitable reasons), working without any form of payment is often a sign of desperation. For this reason, you should neither request nor accept a no-cure-no-pay fee arrangement with your attorney.

Remember: Any Turkish lawyer who takes your case free of charge is never a good lawyer.

4) Do Not Hire Lawyers Who Use Paid Advertisement

If you are searching online for a lawyer in Turkey, you will often come across paid advertisements on Google and social media platforms. These advertisements typically appear above organic search results and are labeled as “advertisement,” “ads,” or similar terms.

The legal code governing lawyers in Turkey prohibits the use of paid advertisements. Beyond being forbidden, this practice often results in lawyers receiving daily messages from individuals seeking free legal advice. These inquiries are typically handled by call centers rather than the lawyer directly. As a result, these call centers treat potential clients as customers rather than as legal clients.

Furthermore, potential clients who communicate with such call centers are often required to share confidential information with call center employees, who are not lawyers. This practice breaches attorney-client confidentiality right from the outset. To avoid these issues, it is advisable to seek legal representation through proper and ethical channels.

Remember: A good Turkish lawyer Turkish lawyer does not need to pay for advertisements.

5) Corporate vs Boutique Law Firms

Large, so-called “corporate” law firms often employ numerous lawyers, sometimes dozens, and delegate most of the work to junior lawyers on their payroll. In such firms, it is typically the employees—not the firm’s owners—who draft petitions and attend hearings.

A personal touch by the owner of the law firm is particularly critical in areas such as criminal defense, investment consultancy, and real estate transactions, where delegating to inexperienced lawyers may not serve the client’s best interests. If you want the top lawyer or business owner to handle your case personally, choosing a boutique law firm ensures that the work is less likely to be delegated to junior lawyers.

Baris Erkan Celebi is an English-speaking Turkish lawyer who exclusively represents foreign investors in Turkey. His law firm in Turkey specializes in providing international investors in Turkey with reliable legal counsel and personalized business solutions.

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Baris Erkan Celebi is an English-speaking Turkish lawyer who exclusively represents foreign investors in Turkey. His law firm in Turkey specializes in providing international investors in Turkey with reliable legal counsel and personalized business solutions.

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