Turkish Attorney Law

PART ONE

Lawyers and Advocates

The nature of attorneyship:

Article 1 – Attorneyship is a public service and a liberal profession.

(Amended second paragraph: 2/5/2001 – 4667/1 art.) The lawyer freely represents the independent defense, which is one of the founding elements of the judiciary.

The purpose of being a lawyer:

Article 2 – (Amended first paragraph: 2/5/2001 – 4667/2 art.) The purpose of the attorneyship is to ensure the regulation of legal relations, the resolution of all kinds of legal issues and disputes in accordance with justice and fairness, and the full implementation of legal rules at all levels before judicial bodies, arbitrators, official and private persons, boards and institutions.

For this purpose, the lawyer dedicates his legal knowledge and experience to the service of justice and the benefit of people.

(Amended third paragraph: 2/5/2001 – 4667/2 Art.) Judicial bodies, law enforcement agencies, other public institutions and organizations, public economic enterprises, private and public banks, notaries, insurance companies, and foundations are obligated to assist lawyers in the performance of their duties. Subject to any special provisions in their laws, these institutions are obligated to provide the lawyer with the information and documents they require for review. Obtaining copies of these documents is subject to the presentation of a power of attorney. In pending cases, warrants may be obtained from the court without waiting for the hearing date.

PART TWO

Admission to the Legal Profession

Conditions for admission to the lawyer profession:

Article 3 – (Amended: 30/1/1979 – 2178/1 art.)

To be accepted into the legal profession:

1. a) To be a citizen of the Republic of Türkiye,
2. b) Graduating from a Turkish law school or graduating from a foreign law school and successfully passing the exams for the courses that were incomplete according to the programs of Turkish law schools,
3. c) Having completed the law internship and received an internship completion certificate,
4. d) (Added: 2/5/2001 – 4667/3 art.; Repealed: 28/11/2006-5558/1 art.)
5. e) To have a residence in the region of the bar association in which the registration is requested,
6. f) According to this Law, there should not be any obstacle to practicing law.

Exceptions:

Article 4 – (Amended: 2/5/2001 – 4667/4 art.)

The conditions stated in subparagraphs (c) and (d) of Article 3 are not required for those who have served for four years as judges and prosecutors of judicial, administrative and military courts, as rapporteurs of the Constitutional Court, as members of the Council of State, as professors, associate professors and assistant professors in the legal sciences branches of faculties affiliated to universities, and as legal consultants of public institutions and organizations for ten years.

Turkish citizens and those who have been granted Turkish citizenship and graduated from foreign law faculties, and who have served as judges, prosecutors or lawyers at all levels of courts in their home country for four years and who have acquired the profession of lawyer, are exempt from the conditions stated in subparagraphs (c) and (d) of article 3, provided that they have passed the exams conducted in accordance with the procedures for the courses that are incomplete according to the Turkish law faculties’ programs as stated in subparagraph (b) of article 3 and that their knowledge of Turkish is also proven through an exam.

In order to register those listed in the first and second paragraphs to the bar association, a certified copy of the registry summaries must also be submitted in addition to the documents listed in subparagraphs (1) and (2) of Article 17.

Obstacles to admission to the legal profession:

Article 5 – In case of the existence of one of the following situations, the application for admission to the legal profession will be rejected:

1. a) (Amended: 23/1/2008-5728/326 art.) Even if the periods specified in Article 53 of the Turkish Penal Code have passed; a sentence of imprisonment of more than two years for a crime committed intentionally or crimes against the security of the State, crimes against the Constitutional order and the functioning of this order, (…) embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, bid rigging, rigging the performance of the obligation, laundering the assets derived from crime or being convicted of smuggling crimes,
2. b) (Amended: 22/1/1986 – 3256/2 article) Having lost the qualification to be a judge, civil servant or lawyer as a result of a final disciplinary decision,
3. c) (Cancellation: By the decision of the Constitutional Court dated 28/2/2013 and numbered E.: 2012/116, K.: 2013/32.)
4. d) Engaging in a job that is not compatible with the legal profession,
5. e) Being restricted by a court decision,
6. f) Having gone bankrupt but not having their reputation reinstated (Bankrupts with negligence and fraud are not accepted even if their reputation is reinstated),
7. g) Having been issued a certificate of insolvency but not having it revoked,
8. h) Having a physical or mental disability that prevents him/her from practicing law properly.

(Amended second paragraph: 2/5/2001 – 4667/5 art.) Those who have been convicted of one of the disgraceful crimes listed in subparagraph (a) of the first paragraph will not be accepted as attorneys even if their sentence has been postponed, commuted to a fine or pardoned.

(Amended third paragraph: 22/1/1986 – 3256/2 art.) If a public lawsuit has been filed against the candidate for a crime requiring one of the penalties listed in subparagraph (a) of the first paragraph, the decision regarding the request to be admitted to the attorneyship may be postponed until the end of this prosecution.

However, in cases where the request for admission to the attorneyship must be rejected, regardless of the outcome of the criminal prosecution, the request is decided without waiting for the outcome.

Request to enroll in the bar association:

Article 6 – (Amended: 2/5/2001 – 4667/6 art.)

(…) Those who meet the conditions in Article 4 may request to be registered in the bar association they applied to by submitting a petition.

Decision:

Article 7 – The board of directors of the bar association is obliged to make a reasoned decision regarding the request for registration in the directory within one month from the date of receipt of the application petition.

If a decision is not made within the time limit, the candidate’s application for admission to the legal profession is deemed rejected. In this case, the candidate may appeal to the Union of Turkish Bar Associations within fifteen days of the one-month period. The provisions of Article 8 shall apply to the objection by analogy.

Objection to the decision to reject or wait until the end of the prosecution:

Article 8 – If the Bar Association Board of Directors rejects a request for admission to attorneyship or decides to wait until the end of the prosecution, it shall state the reasoning in its decision. The reasoned decision shall be notified to the candidate.

The candidate may appeal this decision to the Union of Turkish Bar Associations through the bar association that issued the decision within fifteen days of notification. The bar association will provide the candidate with a document certifying the date of appeal. This document is not subject to any taxes, fees, or duties.

The Union of Turkish Bar Associations, after conducting the necessary review of the objection file, will either accept or reject the objection. If the Union of Turkish Bar Associations does not issue a decision within one month of the objection, the objection will be deemed rejected.

(Amended fourth paragraph: 2/5/2001 – 4667/7 art.) The decisions of the bar association’s board of directors regarding the registration of candidates shall be sent to the Union of Turkish Bar Associations within fifteen days of the date of the decision. The Union of Turkish Bar Associations shall send its decision of approval or disapproval, and its decision of acceptance or rejection of objections, to the Ministry of Justice for approval within one month of the date of the decision. These decisions shall become final if the Ministry does not issue a decision within two months of the date of receipt by the Ministry of Justice, or if the decision is approved. However, the Ministry of Justice shall return any decisions it finds unsuitable to the Union of Turkish Bar Associations for reconsideration, along with the justification provided. These returned decisions shall be deemed approved if approved by the Union of Turkish Bar Associations Board of Directors by a two-thirds majority; otherwise, they shall be deemed disapproved; the Union of Turkish Bar Associations shall notify the Ministry of Justice of the result.

The decisions of the Bar Association’s Board of Directors regarding the rejection of a request for admission to attorneyship or the postponement of proceedings until the end of the prosecution become final if no objection is made within the time limit.

(Amended sixth paragraph: 2/5/2001 – 4467/7 art.) Against the decisions of the Ministry of Justice in accordance with the fourth paragraph, the Union of Turkish Bar Associations, the candidate and the relevant bar association may appeal to the administrative judicial authority; against the decisions of the Union of Turkish Bar Associations that the Ministry of Justice finds inappropriate and sends back for reconsideration, the Ministry of Justice, the candidate and the relevant bar association may appeal to the administrative judicial authority.

Bar associations are obliged to immediately implement the final decisions.

Attorney’s license and oath:

Article 9 – A candidate accepted into the legal profession is given a license by the relevant bar association.

Admission to the attorneyship becomes effective from the moment the license is issued.

Once accepted as a lawyer, the candidate gains the right to use the title “Attorney.” The situation is reported to the Union of Turkish Bar Associations.

(Amended fourth paragraph: 13/1/2004 – 5043/1 art.) Licenses and attorney IDs are printed and issued in a uniform format by the Union of Turkish Bar Associations. When the Board of Directors of the Union of Turkish Bar Associations approves the licenses as specified in the fourth paragraph of Article 8, they are signed by the Union President and the relevant Bar Association President. Attorney IDs are considered official identification and are accepted by all official and private institutions.

When a lawyer is granted a license to practice, he/she is required to take an oath as follows before the bar association’s board of directors:

(Amended sixth paragraph: 2/5/2001 – 4667/8 art.) I swear on my honor and conscience that I will act in accordance with the law, morality, and the honor and rules of the profession.

The oath taken by the lawyer is recorded in a record, including the text of the oath, and kept in the person’s file. The record is signed by the lawyer taking the oath, along with the members of the bar association’s board of directors.

Notification of rejection decision:

Article 10 – When a decision is finalized to reject a candidate’s application to a bar association for admission to the legal profession or to postpone the application until the conclusion of the prosecution, the relevant bar association shall notify the candidate’s name to other bar associations and the Union of Turkish Bar Associations. In such a case, no bar association may register that person until the reasons for rejection or postponement are eliminated.

PART THREE

Prohibited Situations

Jobs that cannot be combined with being a lawyer:

Article 11 – No service or duty performed in return for monthly payments, wages, daily allowances or allowances, insurance production, merchant and tradesmanship or any other work that is incompatible with the honour of the profession can be combined with the practice of law.

Jobs that can be combined with being a lawyer:

Article 12 – (Amended: 22/1/1986 – 3256/3 art.)

The following works are excluded from the provisions of Article 11:

1. a) Member of parliament, provincial council and municipal council,
2. b) (Amended: 2/5/2001 – 4667/9 art.) Professor and associate professorship in the field of law,
3. c) Legal consultancy and permanent attorneyship of private law legal entities and attorneyship in return for a fee in a law firm,
4. d) Arbitration, mediation, liquidation, any duty or service given by judicial authorities or a judicial office,
5. e) Provided that they are not prohibited from engaging in any other work or service in the Decree Law No. 233 on State Economic Enterprises, they may serve as chairman, member or auditor of the board of directors of organizations whose capital belongs to the State or other public legal entities, excluding the State Economic Enterprises, public economic institutions and their institutions, affiliates and subsidiaries, and State Economic Enterprises and Public Economic Enterprises that fall within the scope of this Decree Law.
6. f) Partnership, chairmanship, membership and auditing of the board of directors of joint stock, limited liability and cooperative companies, and limited partnership in limited partnership companies,
7. g) Chairmanship, membership and auditing of the board of directors of charitable, scientific and political organizations,
8. h) Ownership of newspapers and magazines or their publishing directorate,

The provisions of Law No. 3069 on Acts Incompatible with Membership in the Turkish Grand National Assembly are reserved for members of parliament.

(Amended third paragraph: 2/5/2001 – 4667/9 art.) Those specified in subparagraph (e) are prohibited from pursuing lawsuits and proceedings against the Treasury, municipalities and special administrations, departments and institutions under the management and control of provinces and municipalities, village legal entities and companies and organizations in which the public is a shareholder; and against the legal entities to which the members of the provincial and municipal councils are affiliated, and against professors and associate professors working in higher education institutions and organizations.

This prohibition also covers lawyers’ partners and the lawyers they employ.

Consultants and lawyers whose salaries or salaries are provided by the State, provincial or municipal budgets, or by departments, institutions or companies under the management and control of the State, provincial or municipalities, can only work as lawyers in matters pertaining to these departments, institutions and companies.

The lawyer’s relationship with the judge or prosecutor by kinship or marriage:

Article 13 – A lawyer who is the spouse of a judge or public prosecutor, a descendant or relative of a judge or public prosecutor up to the second degree (inclusive) cannot act as a lawyer in cases and proceedings heard by that judge or public prosecutor.

Prohibition on those who resign from certain positions from practicing law:

Article 14 – (Repealed first paragraph: By the Constitutional Court’s decision dated 1/10/2009 and numbered E.: 2009/67, K.: 2009/119.)

The provision of the above paragraph also applies to the members of the Constitutional Court and the judges of the Supreme Courts.

(Amended third paragraph: 22/1/1986 – 3256/4 art.) Employees working in the State Economic Enterprises and public economic institutions and their establishments, affiliates and subsidiaries that fall within the scope of the Decree Law No. 233 on State, municipalities, special provincial administrations and State Economic Enterprises cannot take legal action or pursue legal proceedings against the administration from which they left until two years have passed since the date they left.

(Additional paragraph: 1/4/1981 – 2442/1 art.; Repealed paragraph: 2/7/2018-KHK-700/56 art.)

PART FOUR

Internship

Generally:

Article 15 – (Amended: 30/1/1979 – 2178/4 art.)

A legal internship is one year. In accordance with the provisions of this section of the internship, the first six months are spent in courts, and the remaining six months are spent with a lawyer who has at least five years of seniority (the five years of seniority includes the time spent in service specified in Article 4 of the Law) and is registered with the bar association where the internship is taking place.

The regulations specify in which courts and justice departments the internship will be carried out and in what manner.

Required conditions:

Article 16 – (Amended: 2/5/2001 – 4667/11 art.)

Those who meet the conditions stated in subparagraphs (a), (b) and (f) of Article 3 and who have passed the Entrance Exam for Legal Professions, and who do not have any work that prevents them from doing their permanent internship as an intern and who do not have any obstacles stated in Article 5, apply to the bar association where they will do their internship with a petition.

(Additional paragraph: 8/6/2022-7409/1 art.) (Amended paragraph: 14/11/2024 – 7532/1 Art.) Working in any job with social security does not prevent a legal internship, provided that it does not actively interfere with the legal internship. Those serving in cadres or positions in public institutions and organizations, excluding judicial and administrative judge and prosecutor candidates or assistants, as well as judges and prosecutors, may also complete a legal internship during the court internship, either unpaid or on unpaid leave, provided their place of duty is retained. Annual leave may also be granted during this period upon the request of the interested party. During the internship with a lawyer, the public institution or organization may arrange working hours, leave periods, and durations so as not to disrupt the public duties performed by the interested party. However, if the nature of the public duty performed would result in a disruption in public duties if the internship were to be completed simultaneously, the interested party may be granted unpaid or unpaid leave during the internship with a lawyer. However, contract personnel granted the right to transfer to civil servant positions under relevant legislation may benefit from the provisions of this paragraph only after they have earned the right to transfer to civil servant positions. The unpaid or unpaid leaves specified in this paragraph are not subject to the limitations set forth in other legislation. The procedures and principles regarding the leave periods and durations, as well as the arrangement of working hours, during the internship period of those serving in positions or positions in public institutions and organizations, are determined by a regulation issued by the Presidency.

Documents to be attached to the petition:

Article 17 – The documents shown below shall be attached to the petition submitted in accordance with Article 16.

1. Originals and two certified copies of the documents that meet the conditions required by law,
2. A declaration document stating that the candidate does not have the conditions specified in subparagraphs (f) of Article 3 and (a) of Article 5.
3. Written consent of the lawyer with whom the intern will be working,
4. An introductory document about the candidate’s moral status, prepared by two lawyers registered with the bar association where he/she is doing his/her internship.

A copy of each of these documents must be approved by the bar association president and sent to the Union of Turkish Bar Associations. Other copies or originals must be kept in the bar association’s file. In the cases specified in paragraphs 2 and 3 of Article 22, written consent from the attorney with whom the candidate will be interning is not required.

(Additional paragraph: 22/1/1986 – 3256/5 art.; Amended third paragraph: 23/1/2008 – 5728/328 art.) If the declaration form submitted by the applicant for the internship is found to be inconsistent, the candidate will be given an administrative fine of two hundred Turkish Liras by the public prosecutor.

Announcement of the request:

Article 18 – The candidate’s request, together with the matters stated in the above article, shall be announced by posting it in a suitable place in the bar association and the justice department for a period of fifteen days, within ten days from the date of the request.

Any lawyer, trainee, or other interested party may object to the candidate’s inclusion on the trainee list during this period. However, the objection’s review is subject to the presentation of clear evidence or facts.

Report:

Article 19 – Before the announcement of the request, the president of the bar association appoints one of the lawyers affiliated with the bar association to prepare a report to investigate whether the candidate has the necessary qualifications and whether he is engaged in a job not related to being a lawyer.

The appointed lawyer is obliged to submit the report to the bar association within fifteen days at the latest.

Decision:

Article 20 – The bar association’s board of directors shall, within one month of the expiration of the objection period, make a reasoned decision on whether the candidate should be included on the intern list, taking into account the report specified in Article 19. The decision is notified to the relevant party, and a copy, along with the file, is submitted to the local Public Prosecutor’s Office for review.

Members of the bar association’s board of directors may object to this decision to the Union of Turkish Bar Associations within fifteen days from the date of the decision, the date on which the local public prosecutor received the decision, or, if relevant, the date on which the decision was notified to him/her.

If a decision is not made within the period specified in the first paragraph, the request will be deemed rejected. In this case, the candidate may appeal to the Union of Turkish Bar Associations within fifteen days of the one-month period.

(Amended paragraph: 2/5/2001 – 4667/12 art.) Decisions made by the Union of Turkish Bar Associations upon objection shall become final if the Ministry either does not issue a decision or approves the decision within two months of receiving it from the Ministry of Justice. However, the Ministry of Justice shall return any decisions it deems inappropriate to the Union of Turkish Bar Associations for reconsideration, along with the reasons provided. These returned decisions shall be deemed approved if approved by a two-thirds majority vote of the Union of Turkish Bar Associations Board of Directors; otherwise, they shall be deemed disapproved; the Union of Turkish Bar Associations shall notify the Ministry of Justice of the outcome.

(Additional paragraph: 2/5/2001 – 4667/12 art.) Against the decisions of the Ministry of Justice in accordance with the above paragraph, the Union of Turkish Bar Associations, the candidate and the relevant bar association may appeal to the administrative judicial authority; against the decisions of the Union of Turkish Bar Associations that the Ministry of Justice does not approve and sends back, the Ministry of Justice, the candidate and the relevant bar association may appeal to the administrative judicial authority.

Start of the internship:

Article 21 – The legal internship begins with registration on the list. An objection stops registration.

The lawyer to whom the internship will be held:

Article 22 – Those who are notified to the bar association by the Public Prosecutor’s Office that they can start their internship with a lawyer, begin their internship with the lawyer they have previously indicated in their petition and whose consent they have obtained.

Upon the request of the bar association president or the application of the relevant parties, the bar association’s board of directors may decide that the internship be carried out with a lawyer other than the one indicated in the petition.

The president of the bar association determines which lawyer will train candidates who cannot obtain the document specified in the third paragraph of Article 17.

The lawyer is obliged to accept the trainee in the cases stated in the second and third paragraphs.

Internship and intern’s duties:

Article 23 – (Amended: 2/5/2001 – 4667/13 art.)

The internship is continuous. If the intern applies within one month of the removal of the obstacle, the days missed by the intern for justified reasons will be completed by the Justice Commission during court internships, and by the Bar Association Board of Directors during attorney internships. Depending on the location of the internship, the Justice Commission Chair and the Bar Association President may grant the intern a leave of absence not exceeding thirty days, in consultation with the attorney with whom the internship is held.

The intern is responsible for attending hearings alongside the attorney, handling the attorney’s duties in court and administrative offices, organizing case files and correspondence, participating in training programs organized by the bar association, and fulfilling other duties assigned by the bar association’s board of directors and as specified in the regulations. Interns are required to comply with professional rules and the principles set forth in these regulations.

Internship reports:

Article 24 – (Amended: 30/1/1979 – 2178/5 art.)

The internship is carried out under the supervision of the Justice Commission, the bar association and the lawyer with whom the intern is working.

The intern is given a document stating his/her internship status, professional interest and moral standing by the judges and public prosecutors with whom he/she completed his/her internship.

At the end of the first three months and at the end of the internship period, the lawyer who has completed the internship prepares a report that includes the internship status, the professional interests and moral status of the candidate.

Extension of the internship period:

Article 25 – (Amended: 2/5/2001 – 4667/14 art.)

The bar association’s board of directors evaluates the reports submitted about the intern and, if necessary, may decide to issue an internship completion certificate or extend the internship period for up to six months, taking into account the results of the examination to be conducted by appointing one of the board members.

This decision of the board of directors is final.

Jobs that interns can do

Article 26 – (Amended: 2/5/2001 – 4667/15 art.)

After starting their internship with a lawyer, trainees may attend hearings related to cases and works followed by the lawyer in civil courts of peace, criminal courts of peace and enforcement investigation authorities, and carry out work in enforcement offices, with the written consent of the lawyer and under his supervision and responsibility.

This authorization ends with the issuance of the internship completion certificate or deletion from the internship list.

Assistance to be provided to interns by bar associations:

Article 27 – Amended: 2/5/2001 – 4667/16 art.)

During the internship, trainees are given credit by the Union of Turkish Bar Associations.

The source of the loan is the cost of stamps to be affixed to the powers of attorney submitted to the relevant authorities by the lawyer, as well as the proceeds from repayments and the proceeds from these stamps. These stamps are printed by the Union of Turkish Bar Associations . (Third sentence amended: January 13, 2004 – Article 5043/2) The value of the stamp to be affixed is fifty percent more than the fee schedule used for sample powers of attorney in the Judicial Fees section of Law No. 492 on Fees, dated July 2, 1964. (Additional sentences: February 13, 2011 – Article 6111/195) An additional five percent is added to the annually renewed power of attorney stamp fee. The funds thus obtained are used to pay the general health insurance premiums of legal interns. In cases of insufficient funds, premium payments are made by transferring funds from the internship loan fund. These premiums are paid by the Union of Turkish Bar Associations. (Additional sentence: 13/1/2004 – 5043/2 art.) All stamp fees collected in this way are subject to financial audit by the Court of Accounts.

Authorities to which powers of attorney are submitted by lawyers cannot accept powers of attorney or copies that are missing or have no stamps affixed. If necessary, the power of attorney cannot be processed unless the stamps are completed within a ten-day period.

The remaining amount from loan repayments is used to support colleagues and provide professional development.

The principles and conditions of this loan, to whom it will be given, its amount, the method of repayment, the distribution and expenditure principles between bar associations and the Union of Turkish Bar Associations of the money received from the repayment and the remaining amount after loan payments, and other matters are set out in the regulation to be prepared by the Board of Directors of the Union of Turkish Bar Associations and approved by the Ministry of Justice.

The stamp duty and the money coming from the repayment and their income, as well as the distribution and expenditure of the remaining amount from the loan payments, are audited annually by the Ministry of Justice in accordance with the principles and procedures in additional article 4.

Social assistance and solidarity fund

Article 27/A – (Added: 13/1/2004 – 5043/3 art.)

The “Social Aid and Solidarity Fund”, the source of which is half of the revenues shown in the second paragraph of Article 27 of this Law, has been established by the Union of Turkish Bar Associations to be used in social security, social assistance and solidarity services.

The principles and procedures for the expenditures to be made from this fund and other matters are specified in the regulation to be prepared by the Board of Directors of the Union of Turkish Bar Associations and approved by the Ministry of Justice.

The fund’s revenues and expenditures are audited annually by the Ministry of Justice in accordance with the principles and procedures in additional article 4.

FIFTH

Bar Exam

Article 28 – (Re-arrangement: 2/5/2001 – 4667/17 art.; Repealed: 28/11/2006-5558/1 art.)

Determination of those who will take the exam

Article 29 – (Re-arrangement: 2/5/2001 – 4667/18 art.; Repealed: 28/11/2006-5558/1 art.) 13

Exam format and topics

Article 30 – (Revised: 2/5/2001 – 4667/19 art.¸ Repealed: 28/11/2006-5558/1 art.) 13

Exam results

Article 31 – (Re-arrangement: 2/5/2001 – 4667/20 art.; Repealed: 28/11/2006-5558/1 art.) 13

Articles 32 – 33 – (Repealed: 30/1/1979 – 2178/8 art.)

PART SIX

Rights and Duties of the Lawyer

Generally:

Article 34 – (Amended: 2/5/2001 – 4667/21 art.)

Lawyers are obligated to perform their duties with care, integrity and honor, in a manner befitting the sanctity of this duty, to act in accordance with the respect and trust required by the title of attorney, and to comply with the professional rules determined by the Union of Turkish Bar Associations.

Jobs that only lawyers can do:

Article 35 – (Amended: 26/2/1970 – 1238/1 art.)

Giving opinions on legal matters and legal issues, suing and defending the rights of real and legal persons before courts, arbitrators or other bodies with judicial authority, following up on legal proceedings, and preparing all documents related to these matters are the duties of lawyers registered with the bar association only.

Lawyers registered with the bar association may also follow all the work in official offices other than those in the first paragraph.

(Amended third paragraph: 23/1/2008-5728/329 art.) Anyone qualified to file a lawsuit may prepare the documents related to their own case, file their lawsuit in person, and pursue their affairs. However, joint-stock companies with a capital five times or more than the amount of capital stipulated in Article 272 of the Turkish Commercial Code, and building cooperatives with one hundred or more members, are required to have a contracted attorney. Organizations that violate the provisions of this paragraph will be subject to an administrative fine equal to two months’ gross minimum wage for workers over the age of sixteen working in the industrial sector on the date of the offense, for each month during which they fail to appoint a contracted attorney.

The provisions of the Civil and Criminal Procedure Laws and other laws are reserved.

Reaching a compromise

Article 35/A – (Added: 2/5/2001 – 4667/23 art.)

In matters and cases referred to them, before a lawsuit is filed or, if a lawsuit has been filed but the hearing has begun, lawyers may, together with their clients, invite the other party to conciliation, provided that this conciliation is limited to matters that the parties can achieve through their own will. If the other party accepts this invitation and a conciliation is reached, a memorandum containing the subject matter, place, date, and the mutual obligations to be fulfilled shall be signed jointly by the lawyers and their clients. These memorandums constitute a court order within the meaning of Article 38 of the Enforcement and Bankruptcy Law No. 2004, dated June 9, 1932.

Keeping secrets:

Article 36 – Lawyers are prohibited from disclosing matters entrusted to them or which they have learned through their duties as lawyers or in the Union of Turkish Bar Associations and bar association bodies.

Attorneys’ ability to testify regarding the matters listed in the first paragraph depends on obtaining the client’s consent. However, even in this case, the attorney may refrain from testifying. (Additional sentence: 2/5/2001 – 4667/24 article.) Exercising the right to refrain does not result in legal or criminal liability.

The above provisions also apply to the Union of Turkish Bar Associations and bar association officials.

Notification of job rejection:

Article 37 – A lawyer may reject a job offer without giving a reason. The refusal must be notified to the client without delay.

A person whose job has been rejected by two lawyers may request the bar association president to appoint a lawyer for him.

(Amended last paragraph: 2/5/2001 – 4667/25 art.) The appointed lawyer must follow up the work in return for a fee determined by the bar association president.

Obligation to refuse work:

Article 38 – Lawyer;

1. a) If he/she considers the offer made to him/her to be corrupt or unfair or later comes to the conclusion that it is corrupt or unfair,
2. b) If he/she has served as an attorney or given an opinion to a party with opposing interests in the same matter,
3. c) (Amended: 2/5/2001 – 4667/26 art.) If he/she has previously served in that position as a judge, arbitrator, public prosecutor, expert or civil servant,
4. d) If a situation arises where the party claims the invalidity of a promissory note or contract drawn up by him,
5. e) (Cancellation: By the Constitutional Court’s decision dated 2/6/1977 and numbered E. 1977/43, K. 1977/84)
6. f) If the work he/she is asked to do does not comply with the requirements of professional solidarity and order determined by the Union of Turkish Bar Associations,

He is obliged to reject the offer.

This obligation also covers the partners of lawyers and the lawyers they employ.

(Repealed third paragraph: by the Constitutional Court’s decision dated 21/1/1971 and numbered E. 1970/19, K. 1971/9.)

(Last paragraph annulled: by the Constitutional Court’s decision dated 2/6/1977 and numbered E. 1977/43, K. 1977/84.)

The lawyer’s right to file retention and detention:

Article 39 – A lawyer is obligated to preserve documents entrusted to him for three years from the termination of the power of attorney. However, if the client is notified in writing of the document’s withdrawal, the retention obligation expires three months from the date of notification.

The lawyer is not obliged to return the documents in his possession unless his fees and expenses are paid.

Statute of limitations for compensation claims:

Article 40 – (Amended: 2/5/2001 – 4667/27 art.)

Claims for compensation made by the client against the lawyer based on the contract shall expire within one year from the date of learning of the occurrence of this right and, in any case, five years from the event that caused the damage.

Withdrawal of the lawyer from the power of attorney:

Article 41 – The attorney’s duty to represent a lawyer who voluntarily withdraws from pursuing or defending a particular case shall continue for a period of fifteen days from the date of notification of the situation to his client.

However, a lawyer appointed by a legal aid office or bar association president may not refrain from performing their duties unless there is an unavoidable reason or justifiable excuse. The determination of the unavoidable reason or justifiable excuse rests with the appointing authority.

Temporary assignment of a lawyer:

Article 42 – In the event of a lawyer’s death, dismissal from the profession, dismissal from employment, ban from practice, or temporary incapacity to practice, the president of the bar association to which the lawyer is registered shall, upon the written request of the relevant parties or with the written consent of the client, appoint a lawyer registered with his/her own bar association to temporarily supervise and manage the proceedings and shall hand over the files to him/her. (Additional sentence: 2/5/2001 – 4667/28 Article) He/she shall also notify the courts and other relevant authorities as deemed necessary. These provisions shall apply analogously to attorney partnerships.

The legal time limits for the transactions specified in the above paragraph shall not apply until the files are handed over and delivered. However, this period cannot exceed three months.

(Repealed third paragraph: 2/5/2001 – 4667/28 art.)

The lawyer assigned the task may refuse the assignment, citing valid reasons. The bar association’s board of directors will decide whether the reasons for refusal are valid.

The attorney’s duty is carried out under the responsibility of the attorney performing the duty, regardless of the instructions of the represented attorney. The attorney who represents the attorney pays the fees for the work performed. In the event of a dispute, the amount of the fee is determined by the bar association’s board of directors.

Obligation to obtain an office:

Article 43 – Every lawyer must establish an office within the bar association’s district within three months of the date of registration. Bar associations shall determine the qualifications of the office. (Additional sentences: 30/4/2013 – 6460/3 Art.) According to Law No. 634 on Condominium Ownership, dated 23/6/1965, law offices may operate in independent sections of the main property designated as residential units without the consent of the property owners or similar requirements. Provisions to the contrary in the management plan do not apply in this regard.

A lawyer cannot have more than one office. Lawyers working together cannot have separate offices. (Additional sentences: 2/5/2001 – 4667/29 article) Law partnerships cannot open branches within the country. Members of Parliament cannot practice law during their term as members of Parliament.

Lawyers who change their offices or residences must notify the bar association of the new addresses within one week.

(Additional paragraph: March 28, 2023 – Article 7445/10) Financing support is provided under appropriate conditions by credit and financial institutions, as well as public institutions and organizations that provide credit, to cover the costs of establishing lawyers’ offices. The procedures and principles regarding the provision of support are determined by the Ministry of Justice, in consultation with the Banking Regulation and Supervision Agency and the Ministry of Treasury and Finance.

Lawyers working together or as a law partnership

Article 44 – (Amended: 2/5/2001 – 4667/30 art.)

Lawyers may also carry out their professional work together in the same office or as a law partnership.

1. A) Working together in the same office

Collaboration is the practice of multiple lawyers registered with a bar association established in the same province, working together in a single office. This collaboration has no legal entity, and the work is not considered commercial.

The phrase “(Law Firm)” is required to be used next to the first and/or last name of one or more lawyers working together. Mutual rights and obligations, sharing of income and expenses, office management, and termination of the partnership are determined by the working together and notified in writing to the bar association where they are registered.

1. B) Law partnership

A law partnership is a legal entity formed by multiple lawyers registered with any bar association established in the same province to practice their professions in accordance with this Law. The work of a law partnership is considered professional and is not considered commercial, and the provisions applicable to sole proprietorships apply for tax purposes. The name of the law partnership is determined by adding the phrase “(Law Partnership)” to the first and/or last names of one or more partners. Foreign law partnerships wishing to operate in Türkiye within the framework of foreign capital incentive legislation may only provide consulting services in foreign and international law, provided they are established in accordance with this Law and the law partnership regulations. This restriction also applies to Turkish citizens or foreign lawyers working in foreign law partnerships. For these types of law partnerships, registration of the partners with the bar association is not required. The application of this rule is subject to the principle of reciprocity.

A law partnership whose articles of association are drawn up in accordance with the standard articles of association acquires legal entity status upon registration in the Bar Association Lawyer Partnership Registry by the board of directors of the bar association where its founders are registered. A request for registration may only be rejected on the grounds of non-compliance with the Law and the standard articles of association. In such a case, the provisions of Article 8 shall apply by analogy. A copy of the articles of association shall be sent to the Union of Turkish Bar Associations.

1. a) Rights and obligations of partners
2. Partnership shares and their proportions are determined freely. Partners’ shares may only be transferred to partners or third parties who are attorneys. If the transfer of shares is prohibited by contract, or if the partners do not consent to the transfer, if the heir is not an attorney or does not accept the partnership, if the partner retires or resigns from the practice due to health reasons, if the partner is removed from the bar association, resigns from the profession, or if their share in the partnership is seized, the partnership share shall be acquired by the other partners at their actual value in proportion to their shares. If these procedures are not finalized within three months, the liquidation provisions in the regulations apply.
3. Powers of attorney are issued in the name of the partnership. The partnership issues authorization documents to the attorneys who will pursue the case or litigation.
4. A law partnership cannot acquire rights or property beyond its purpose, form partnerships with third parties, or acquire shares of legal entities. Partners cannot be partners in more than one law partnership, maintain an office outside of the partnership’s office, or pursue litigation or business independently.
5. A law partnership is jointly and severally unlimitedly liable for all transactions, actions, and debts of its partners and employed lawyers related to the partnership. The liability of partners and employed lawyers for their professional duties, in accordance with the Law on Lawyers and professional rules, is reserved. The disciplinary procedures and penalties set forth in this Law also apply to law partnerships.
6. The partner responsible for managing and representing the partnership is responsible for keeping books and records. The law partnership is required to keep a business and litigation register, a share register, a decision register, an income and expense register, and a fixed assets register.
7. b) Dispute resolution

Any disputes arising from the joint work of lawyers or in the case of a lawyer partnership, between the partners themselves and in relation to the partnership, and any disputes arising from the transfer and succession of partnership shares with third parties regarding the price, shall be resolved by the arbitration board defined in Article 167 of this Law, in accordance with the provisions of this Law and the regulations.

1. c) The principles, forms and conditions of matters that must be included in the standard articles of association of the attorney partnership, such as the identification information of the partners, the title and address of the partnership, the partnership shares, the relationships between the partners, the division of labor regarding work and litigation, the powers of the managing partners, the management and representation of the partnership, the board of partners, the duties and powers of the board, the sharing of income and expenses, auditing, withdrawal from the partnership, expulsion, transfer of shares, termination of the partnership, dissolution, dissolution and liquidation, are regulated in the regulations prepared by the Board of Directors of the Union of Turkish Bar Associations, approved by the Ministry of Justice and published in the Official Gazette.

People who can work in a law firm:

Article 45 – (Amended first paragraph: 2/5/2001 – 4667/31 art.) Lawyers and law partnerships may only employ assistants necessary for the legal profession in their offices.

Those who have been convicted of crimes that prevent them from becoming judges or lawyers, or those who are banned from becoming lawyers, cannot collaborate in any way, and such individuals cannot be employed in the office.

(Amended third paragraph: 2/5/2001 – 4667/31 art.) A lawyer who acts contrary to the above provisions shall be punished with dismissal from work for the first time, and with dismissal from the profession for the second time; and with dismissal from the attorney partnership register for the first time, and with deletion from the attorney partnership register for the second time.

Following up the work with an intern or secretary, reviewing case files and taking samples from the file:

Article 46 – (Amended: 2/5/2001 – 4667/32 art.)

The lawyer may also have his or her intern or secretary personally monitor his or her work, or may have copies taken by photocopy or similar means. Samples that the lawyer does not request to be certified are not subject to a fee.

A lawyer or intern may review litigation and follow-up files without a power of attorney. This review request must be fulfilled by the relevant parties. A lawyer who does not present a power of attorney will not be provided with copies or photocopies of the papers or documents in the file.

Prohibition on acquiring contested rights:

Article 47 – Lawyers are prohibited from acquiring or facilitating the acquisition of contested rights in matters they have seized. This prohibition lasts for one year from the termination of the work.

The provision in the first paragraph also covers the lawyer’s partners and the lawyers he employs.

(Additional paragraph: 2/5/2001 – 4667/33 art.) However, the provisions of Article 164 are reserved.

Bringing work to a lawyer in exchange for benefits:

Article 48 – Those who act as intermediaries to bring work to a lawyer in return for a fee or any other benefit promised or given by the lawyer or the client, and lawyers who use intermediaries, shall be punished with imprisonment from six months to one year.

If those who commit this action are civil servants, the prison sentence cannot be less than one year.

Official dress code of lawyers:

Article 49 – (Amended with its Title: 11/7/2020-7249/7 art.)

Lawyers are required to appear in court wearing robes, the style of which is determined by the Union of Turkish Bar Associations.

No obligations regarding appearance and dress can be imposed on lawyers within the scope of the work and operations of the bar association and the Union, and the practice of the profession, including during the internship period.

The place reserved for the bar association and lawyers:

Article 50 – It is mandatory to allocate sufficient space for the bar association in which it is located in each courthouse, and for lawyers in each courtroom and enforcement office. (Additional sentence: 11/7/2020-7249/8 art.) In provinces where there is more than one bar association, the place reserved for the bar association is allocated to the Union of Turkish Bar Associations, and the Union allocates this place to the bar associations based on the number of lawyers registered with the bar associations.

(Additional paragraph: 2/5/2001 – 4667/34 art.) Furthermore, an interview area appropriate to the honor and importance of the profession shall be designated in each prison and law enforcement unit. The maintenance and repair of these areas shall be carried out by the Ministries of Justice and the Interior, depending on their relevance.

Places where consultation is not appropriate:

Article 51 – Lawyers are prohibited from providing legal advice to clients or accepting work in places other than their offices registered with the bar association, in the courtroom or in any other place of the courthouse.

The provision of the above paragraph shall not apply in cases where the lawyer is specifically summoned.

Keeping files:

Article 52 – The lawyer must keep a regular file on every case he undertakes or on every matter on which his written opinion is sought.

The lawyer is obligated to sign every document written or drafted by him.

Minutes of the meetings:

Article 53 – The lawyer shall record in a minute the minutes of the meetings he or she deems necessary for the purpose of the job. The minutes shall be signed by those present.

Registry books:

Article 54 – Every lawyer listed on the register shall have a registration card prepared by the bar association to which they are affiliated, based on a copy sent by the Union of Turkish Bar Associations. This card is confidential; however, it may be viewed and noted at any time by the owner or another lawyer to whom they have appointed a representative.

In case of transfer from one bar association to another, the booklet is sent to the head of the transferred bar association.

Advertising ban:

Article 55 – Lawyers are prohibited from engaging in any kind of initiative or action that could be considered advertising in order to obtain business, and in particular, from using titles other than their lawyer and academic titles on their signs and printed papers.

(Additional paragraph: 2/5/2001 – 4667/35 art.) This prohibition also applies to joint law firms and law partnerships.

(Additional paragraph: 2/5/2001 – 4667/35 art.) The principles regarding the above prohibitions are determined by the regulation to be prepared by the Union of Turkish Bar Associations.

Right to issue copies and make notifications:

Article 56 – A duly executed power of attorney issued to a lawyer shall be kept in the file specified in Article 52. The lawyer may use this power of attorney by issuing a copy and certifying its authenticity with his signature. Copies of powers of attorney issued by the lawyer shall have the force of an official copy for all judicial authorities, public offices and institutions, and individuals and legal entities.

In cases where the law does not explicitly state that the originals must be given, lawyers may, in the course of their work, submit copies of all kinds of papers and documents of which they have the originals, by approving them themselves, to judicial authorities and other justice departments.

(Amended third paragraph: 23/1/2008-5728/330 art.) A lawyer who certifies a copy of a power of attorney or other papers and documents that is not the original or who provides a copy that is not the original shall be sentenced to imprisonment from three to six years.

In matters for which they have been granted power of attorney, lawyers may serve judicial papers and documents on another party through the relevant judicial authority, without a decision from that judicial authority regarding service. A copy of each served paper and document will be placed in the relevant judicial authority’s file, provided that any necessary fees, taxes, and duties are paid.

(Additional paragraph: 2/5/2001 – 4667/36 art.) Lawyers or attorney partnerships may issue a power of attorney, in lieu of a power of attorney, to another lawyer or attorney partnership, covering all powers of attorney through which they are authorized to delegate. This power of attorney has the force of a power of attorney.

(Additional paragraph: 2/5/2001 – 4667/36 art.) Powers of attorney are uniform for Turkey, and the form and content of the power of attorney are prepared by the Union of Turkish Bar Associations and the Union of Turkish Notaries.

Crimes committed against lawyers:

Article 57 – The provisions regarding crimes committed against judges shall apply to crimes committed against lawyers during their duty or because of their duties.

The Public Prosecutor authorized to investigate:

Article 58 – (Amended: 23/1/2008-5728/331 art.)

Investigations against lawyers for crimes arising from their duties as lawyers, the Union of Turkish Bar Associations, or bar association bodies, or committed during their duties, are conducted by the public prosecutor at the location where the crime occurred, with permission from the Ministry of Justice. Lawyers’ offices and residences may only be searched by court order, under the supervision of the public prosecutor, and with the participation of a representative of the bar association with which they are registered, in connection with the incident specified in the order. Lawyers may not be searched except in the event of a crime within the jurisdiction of the High Criminal Court.

The provisions of the Code of Civil Procedure and the Code of Criminal Procedure regarding the discipline of hearings are reserved. However, under these provisions, lawyers cannot be arrested, imprisoned, or subjected to disciplinary punishment or fines.

Permission to prosecute, decision to open the final investigation and the court where the hearing will be held:

Article 59 – The file pertaining to the investigation conducted pursuant to Article 58 shall be submitted to the General Directorate of Criminal Affairs of the Ministry of Justice. If, following the investigation, prosecution is deemed necessary, the file shall be forwarded to the Public Prosecutor’s Office of the High Criminal Court located closest to the High Criminal Court where the crime was committed.

The public prosecutor prepares the indictment within five days and submits the file to the high criminal court to decide whether to open a final investigation or not.

A copy of the indictment shall be served on the attorney facing prosecution in accordance with the provisions of the Code of Criminal Procedure. Upon such service, the attorney may request the collection of evidence within the timeframe stipulated by law, or if they submit a request worthy of consideration, the matter will be considered. If necessary, the investigation will be furthered by the presiding judge.

Hearings for lawyers against whom a final investigation has been initiated are held in the high criminal court where the crime was committed. (Additional sentence: 2/5/2001 – 4667/38 article) The situation is reported to the bar association where the lawyer is registered.

(Additional paragraph: 11/7/2020-7249/10 art.) The second paragraph of Article 286 of the Code of Criminal Procedure No. 5271 dated 4/12/2004 shall not apply to the decisions of the criminal chambers of the regional courts of justice given due to crimes committed by lawyers arising from their duties as lawyers or in the organs of the Union of Turkish Bar Associations or bar associations, or during their duties.

Right to object:

Article 60 – The Public Prosecutor or the defendant may object to the decisions of the courts specified in Article 59 regarding the arrest or release or the opening of a final investigation, in accordance with general provisions.

This objection is examined in the high criminal court closest to the court that issued the objected decision, excluding the high criminal court where the crime was committed.

Caught red-handed:

Article 61 – (Amended: 23/1/2008-5728/332 art.)

In the case of a crime caught red-handed within the jurisdiction of the High Criminal Court, the investigation is carried out by the public prosecutor in accordance with general provisions.

Abuse of office:

Article 62 – (Amended: 23/1/2008-5728/333 art.)

A lawyer who abuses the duties and authority given to him as a lawyer or as an officer in the organs of the Union of Turkish Bar Associations or bar associations in accordance with this Law and other laws shall be punished in accordance with the provisions of Article 257 of the Turkish Penal Code.

Attorney powers not to be used by others:

Article 63 – Lawyers who are not registered in the bar association directory and who have been banned from practicing may not prepare case documents that do not belong to them, may not pursue enforcement proceedings, or exercise other powers reserved for lawyers. Those who are not registered in the bar association directory may not hold the title of attorney. (Additional sentence: 2/5/2001 – 4667/40 article) However, lawyers whose registration with the bar association exceeds twenty years and who close their offices and have their tax records deleted may only use the title of attorney, provided they provide information about their situation and fulfill their duties and obligations to the bar association.

(Amended second paragraph: 23/1/2008-5728/334 art.) Those who act contrary to the provision of the first paragraph shall be given an administrative fine of five hundred to two thousand Turkish Lira by the public prosecutor.

(Amended third paragraph: 23/1/2008-5728/334 art.) Those who use the powers of lawyers by taking over receivables through a fictitious means and abusing other rights granted by law, even though they are not authorized to practice law, shall be punished with imprisonment from one to three years and a judicial fine of up to one thousand days.

Courts, enforcement and bankruptcy offices, and bar associations are required to notify the Public Prosecutor’s Office upon learning of an incident falling within the scope of this article. The Public Prosecutor will notify the bar association of the outcome of the investigation.

Special duties towards the bar association board:

Article 64 – In matters related to auditing and complaints, the lawyer is obliged to inform the president of the bar association to which he is registered, the board of directors or one of the members appointed by them, and to send the files upon request, and to comply with the invitation of the president of the bar association, the board of directors or one of the members of this board when he is summoned to be heard, unless he violates the obligation to keep professional secrets specified in this law.

(Amended second paragraph: January 22, 1986 – Article 3256/8) A lawyer who fails to comply with the requirement set forth in the first paragraph may be fined from ten thousand to one hundred thousand lira by the board of directors of the bar association to which he or she is registered. This fine may be re-imposed for each failure to comply with the invitation or request. However, the letter must specify that a fine will be imposed for failure to comply with the invitation or request.

An appeal against this fine may be filed with the disciplinary board of the bar association that issued the decision within fifteen days of notification. The decision of the bar association’s disciplinary board is final.

Fines imposed pursuant to the above paragraphs shall be collected in accordance with the provisions of this law regarding disciplinary penalties and recorded as revenue to the bar association.

Bar association fees:

Article 65 – (Amended: 18/2/2009 – 5838/28 art.)

The annual amount of the bar association dues is determined by the general assembly and is paid in two equal installments in January and July of each year. (Additional sentence: 11/7/2020-7249/12 art.) However, bar association dues are not collected during the first five years of practice. Annual default interest is applied to unpaid dues at the interest rate applied to rediscount transactions of the Central Bank of the Republic of Turkey.

The provisions of Articles 72 and 73 of the Attorneyship Law are reserved.

PART SEVEN

Bar Association Board and List of Lawyers

Obligation to be recorded on the plate:

Article 66 – Every lawyer is obliged to be registered in the bar association directory of the place in which he/she will practice law permanently. (Additional sentence: 11/7/2020-7249/13 art.) If there is more than one bar association in a province, the lawyer is registered in one of them.

A lawyer registered with a bar association is authorized to practice law anywhere in the country, provided that it is not permanent.

Practicing law permanently in another region:

Article 67 – If a lawyer practices law continuously outside the bar association in which he is listed or commits an act requiring disciplinary punishment, a report prepared by the board of directors of the bar association that made this determination shall be sent to the bar association in which the lawyer is listed for the necessary action to be taken.

Transfer to another bar association:

Article 68 – Requests for transfer from one bar association to another must be made in writing to the board of directors of the bar association to which the member is to be enrolled.

The regulations specify which documents must be attached to the transfer petition and which procedures must be followed during the transfer.

Review of the transfer and acceptance of the request:

Article 69 – The board of directors of the bar association to which the transfer request is made shall carry out all necessary investigations and procedures regarding the requesting lawyer, and shall in particular inquire with the bar association to which the lawyer is registered whether he is under disciplinary proceedings and whether he has any outstanding debts. (…) No procedure may be taken before the lawyer has paid his debts to the bar.

If the transfer request is accepted, the decision to be made shall be immediately notified to the Union of Turkish Bar Associations and the bar association from which the lawyer left, by the board of directors of the transferred bar association.

Rejection of transfer request:

Article 70 – If the bar association to which the application was made for registration rejects the transfer request, the lawyer who requested the transfer may object to the Union of Turkish Bar Associations within fifteen days from the date of notification of this decision.

If the bar association’s board of directors fails to make a decision within one month of the date the request for transfer is received by the bar association, the request is deemed rejected. In such a case, the applicant may appeal to the Union of Turkish Bar Associations within fifteen days of the one-month period.

The decisions of the Union of Turkish Bar Associations upon objection are final and the relevant party may appeal to the Administrative Courts against these decisions.

If the Union of Turkish Bar Associations does not make a decision within three months from the date of receipt of the objection petition, the objection is deemed to be rejected.

The Union of Turkish Bar Associations shall immediately notify the bar associations to which the lawyer has transferred and the bar associations from which he has left, of its decision regarding the acceptance of the objection.

Deletion from the register and the attorney partnership register

Article 71 – (Amended: 2/5/2001 – 4667/42 art.)

The decision to delete from the register and the attorney partnership register is made by the board of directors of the bar association where the attorney or attorney partnership is registered.

Before this decision is made, the lawyer’s written response is required, but it is mandatory that the lawyer be heard or fail to comply with the summons within the time limit. A decision regarding the attorney partnership also requires that a partner appointed by the partnership be heard or fail to comply with the summons.

The decision to delete from the register and the attorney partnership register is made with justification. The attorney or attorney partnership may appeal this decision to the Union of Turkish Bar Associations within fifteen days of notification. Decisions made by the Union of Turkish Bar Associations upon appeal become final if the Ministry either does not issue a decision or approves the decision within two months of receiving it from the Ministry of Justice. However, the Ministry of Justice shall return any decisions it deems inappropriate to the Union of Turkish Bar Associations for reconsideration, along with the reasons provided. These returned decisions shall be deemed approved if approved by the Union of Turkish Bar Associations Board of Directors by a two-thirds majority; otherwise, they shall be deemed disapproved; the Union of Turkish Bar Associations shall notify the Ministry of Justice of the outcome. The provisions of the sixth and seventh paragraphs of Article 8 shall apply analogously here as well.

The lawyer or law partnership in question has the right to continue practicing law until the decision to remove the lawyer from the directory and the partnership’s registry becomes final. However, if the lawyer or law partnership’s ability to continue practicing law is deemed unacceptable until the decision to remove the lawyer from the directory and the partnership’s registry becomes final, the bar association’s disciplinary board may, upon the request of the bar association’s board of directors, temporarily ban the lawyer or law partnership from practicing law.

Situations requiring deletion from the plate:

Article 72 – The lawyer’s name is deleted from the register in the following cases:

1. a) The conditions required by this law for admission to the profession of attorney have subsequently been lost,
2. b) If the reasons that necessitated not issuing the licence at the time it was granted were subsequently determined,
3. c) (Amended: 2/5/2001 – 4667/43 art.) If an office has not been opened within the bar association’s region within three months, or if the office has been closed or transferred outside the bar association’s region, or if a lawyer who is constantly practicing law outside the bar association to which he is registered fails to register with the bar association where he continues to work, despite a warning,
4. d) (Amended: 2/5/2001 – 4667/43 art.) Non-repayment of annual dues or internship loans of the Bar Association and the Union of Turkish Bar Associations despite notification,
5. e) The lawyer has left the profession voluntarily,
6. f) Failure to pay community insurance premiums at the times specified in the community contract,
7. g) (Added: 22/1/1986 – 3256/9 art.) Being recorded on the plate despite the obstacle in article 10.

(Additional paragraph: 22/1/1986 – 3256/9 art.) However, with the exception of work that cannot be compatible with the honor of the profession during the internship, a lawyer who is understood to have engaged in one of the works listed in Article 11 after 5 years from the date of issuance of the license shall be re-enrolled in the register if he pays to the Bar three times the amount of the payments or income he received during the internship period.

(Additional paragraph: 22/1/1986 – 3256/9 art.) If the office notified to the bar has been abandoned and a new one has not been notified, the calling of the lawyer to be heard in accordance with article 71 may be waived.

The right to be re-inscribed on the plate:

Article 73 – A lawyer who proves that the circumstances necessitating deletion from the directory pursuant to Article 72 have ceased is entitled to be re-enrolled. However, the bar association’s board of directors may, if deemed necessary, require a person requesting re-enrollment to prove the existence of all or some of the conditions that constituted the basis for initial enrollment, with a statement of the reasons.

Except for the provision regarding the issuance of a license, articles 7, 8 and 9 of this law shall also be applied by analogy to requests for re-enrollment in the plate.

No re-entry fee will be collected from a lawyer whose re-enrollment into the register was decided by the bar association to which he/she was previously affiliated.

To be erased from the plate, never to be written again:

Article 74 – The licenses of those who have been expelled from the profession as a result of a criminal or disciplinary decision and those who have been convicted of the crimes listed in paragraph (a) of Article 5 shall be revoked and cancelled by the Board of Directors of the Bar Association and their names shall be deleted from the directory, never to be recorded again.

The implementation of these works depends on the finalization of the decision.

(Amended third paragraph: 2/5/2001 – 4667/44 art.) A lawyer may appeal to the Union of Turkish Bar Associations against a decision made by the bar association’s board of directors based on this article within fifteen days of the date of notification of the decision. Decisions made by the Union of Turkish Bar Associations upon objection shall become final if the Ministry either does not issue a decision or approves the decision within two months of receiving the decision from the Ministry of Justice. However, the Ministry of Justice shall return any decisions it deems inappropriate to the Union of Turkish Bar Associations for reconsideration, along with the reasons provided. These returned decisions shall be deemed approved if approved by the Union of Turkish Bar Associations Board of Directors by a two-thirds majority; otherwise, they shall be deemed disapproved; the Union of Turkish Bar Associations shall notify the Ministry of Justice of the outcome. The provisions of the sixth and seventh paragraphs of Article 8 shall apply here by analogy.

List of lawyers:

Article 75 – (Amended first paragraph: 22/1/1986 – 3256/10 Art.) The bar association’s board of directors shall compile a list of all attorneys within its region and registered on the bar association’s directory every three years by December 31 of the last year. The list shall include the name, surname, office, and residential address of each attorney, in alphabetical order. (Amended third sentence: 2/5/2001 – 4667/45 Art.) The offices and attorney partnerships of attorneys working together shall also be indicated on the list. Changes to the directory shall be reflected in a supplementary list to be prepared at the end of each year.

The method of arranging this list is determined by the Union of Turkish Bar Associations.

After the list is prepared, those who are registered to the bar association are given a temporary document to be used until the new list is prepared.

A sufficient number of copies of the list are sent to the Constitutional Court, the Supreme Courts, the Ministry of Justice, the Union of Turkish Bar Associations, other bar associations, the courts within the bar association’s region and the Public Prosecutor’s Office, the highest administrative authority, other judicial authorities, notaries, and enforcement and bankruptcy offices.

PART EIGHT

Bar associations

CHAPTER ONE

General Provisions

Establishment and qualifications of bar associations:

Article 76 – (Amended first paragraph: 2/5/2001 – 4667/46 art.) Bar associations are professional organizations with legal personality and public institutions that carry out their work in accordance with democratic principles, with the aim of developing the legal profession, ensuring honesty and trust in the relations of members of the profession with each other and with employers, defending and protecting professional order, morality, dignity, the rule of law, and human rights, and meeting the common needs of lawyers.

(Amended second paragraph: 18/6/1997 – 4276/3 art.) Bar associations cannot engage in activities other than their founding purposes.

(Amended third paragraph: 2/5/2001 – 4667/46 art.) In the protocol, bar associations stand next to the Provincial Chief Public Prosecutor.

Establishment of the bar, removal of its organs and termination of their duties:

Article 77 – (Amended first paragraph: 2/5/2001 – 4667/47 Art.) A bar association shall be established in every provincial center with at least thirty lawyers within its region. If the number of lawyers in established bar associations falls below thirty, the provision of the second paragraph shall apply. (Additional sentences: 11/7/2020 – 7249/15 Art.) In provinces with more than five thousand lawyers, a bar association may be established with a minimum of two thousand lawyers. The determination of this number shall be based on lawyers registered with the bar association directory, lawyers working in public institutions and organizations, and public economic enterprises. In the application for establishment, a petition containing the request for establishment, the signatures of two thousand lawyers, and a list containing the names of a four-person board of founders determined by these lawyers shall be submitted to the Union of Turkish Bar Associations. The Union shall appoint the board of founders to carry out the establishment procedures. The board of founders shall convene the general assembly of the establishment within six months at the latest to elect the bodies and shall complete the establishment of the new bar association and notify the Union. A newly established bar association will not be represented in the Union until it holds its first ordinary general assembly, which will be held in accordance with Article 82. If the number of lawyers falls below two thousand, the Union will notify the relevant bar in writing that the minimum number of lawyers must be achieved within six months. If the deficiency is not remedied within the given period, the Union will terminate the legal entity of the bar, and the termination decision will be announced on the Union’s official website. Lawyers and interns registered with the bar whose legal entity is terminated must register with a bar association in that province, if one exists, or with any bar association of their choice, if multiple bar associations exist, within fifteen days of the announcement. Their ongoing business and operations will be managed by the bar association to which they were registered. The liquidation of the bar association whose legal entity is terminated will be carried out by the last board of directors under the supervision and control of the Union, and any remaining assets will be transferred to the Union.

(Amended second paragraph: 2/5/2001 – 4667/47 Art.) The Union of Turkish Bar Associations shall decide whether to affiliate areas where no bar associations have been established with the nearest bar association or to establish a bar association by merging them and determining their headquarters. The Union of Turkish Bar Associations shall compile a list of lawyers registered in the directory with offices in the region where the new bar association will be established and shall assign the most senior lawyer among them to establish the new bar association. A four-person founding board, elected and chaired by the incumbent lawyer, shall complete the establishment of the new bar association within six months at the latest and notify the Union of Turkish Bar Associations. If the bar association’s board of directors, along with its alternates, resigns, the same board shall be established, provided that it holds an election within three months.

(Amended third paragraph: 2/5/2001 – 4667/47 art.) Bar associations gain legal personality by notifying the Union of Turkish Bar Associations of their establishment. (Additional sentence: 11/7/2020 – 7249/15 art.) In the event of the establishment of a new bar association in the same province, the Union of Turkish Bar Associations numbers the bar associations with the name of that province, starting from the date of gaining legal personality and starting from one.

(Amended fourth paragraph: 2/5/2001 – 4667/47 art.) The Union of Turkish Bar Associations notifies the Ministry of Justice of the establishment.

(Amended fifth paragraph: 18/6/1997 – 4276/4 art.) The termination of duties of bar associations and responsible bodies of the Union of Turkish Bar Associations that operate outside their objectives and the election of new ones in their place shall be decided upon by the civil court of first instance in that locality, upon the request of the Ministry of Justice or the Office of the Chief Public Prosecutor in which they are located, by conducting a trial according to simplified procedure, and the case shall be concluded within three months at the latest.

New members of the board whose duties have been terminated will be elected within one month at the latest. The newly elected members will complete the terms of the previous members.

Bar associations are obligated to implement the decisions made by the Ministry of Justice as the approving authority regarding the actions of bar associations pursuant to this Law. The provisions of the preceding paragraphs also apply to bar associations that fail to implement a Ministry decision without a stay of execution or a decision on the merits of the decision by an administrative court, or without a legal reason, or that issue a new decision to resist a previous decision, or that fail to perform legally mandated actions despite a warning from the Ministry.

The penalties stipulated in the law for members of the bodies whose duties are terminated are reserved. Any actions taken by these bodies that result in their termination pursuant to the preceding paragraph are null and void.

(Amended paragraph: 18/6/1997 – 4276/4 Art.) However, bar associations and the Union of Turkish Bar Associations may be banned from activity by the governor if delay is necessary for national security, public order, preventing the commission or continuation of a crime, or for the purpose of apprehending a crime. The decision to ban bar associations and the Union of Turkish Bar Associations may be submitted to the judge in charge for approval within twenty-four hours. The judge shall announce his/her decision within forty-eight hours; otherwise, this administrative decision shall automatically cease to be effective.

The provisions regarding termination and suspension from office do not apply to the General Assembly of the Bar Association.

The tasks are free of charge and the tasks cannot be combined in one person:

Article 78 – The duties assigned to lawyers regarding the presidency of the bar association, membership of the presidential council, management, audit and disciplinary boards, and the protection, representation and defense of the interests of the bar association are carried out free of charge.

Travel and residence expenses and other essential expenses are paid from the bar association’s funds.

The bar association presidency, membership of the bar association’s management and disciplinary board, and auditing cannot be held by a single person.

(Amended last paragraph: 2/5/2001 – 4667/48 art.) However, in bar associations where the number of lawyers listed in the register is less than forty, membership of the disciplinary board and auditing may be combined in one person.

CHAPTER TWO

Bodies of Bar Associations

Organs:

Article 79 – The organs of bar associations are as follows:

1. General assembly of the Bar Association,
2. Bar association board of directors,
3. Bar Association presidency,
4. The Bar Association Presidential Council,
5. Bar disciplinary board,
6. Bar association audit board,

I – General Assembly of the Bar Association:

Establishment:

Article 80 – The general assembly of the bar association is the highest body of the bar association and is composed of all the lawyers listed in the directory.

Duties:

Article 81 – The duties of the General Assembly are as follows:

1. To elect the members of the management, disciplinary and supervisory boards, the bar association president and the delegates of the Union of Turkish Bar Associations,
2. (Amended: 2/5/2001 – 4667/49 art.) To determine the entry fees for those to be entered in the register and the attorney partnership register as a minimum of two thousand and a maximum of eight thousand for attorneys, a minimum of twenty thousand and a maximum of eighty thousand for attorney partnerships; and to determine the annual fees as a ratio of the amount obtained by multiplying the indicator figures of at least one thousand and a maximum of four thousand for attorneys, a minimum of ten thousand and a maximum of forty thousand for attorney partnerships, by the salary coefficient determined for civil servants in the budget law each year, and to determine the dates on which these will be paid.
3. To examine the accounts to be submitted by the board of directors regarding the income and expenses of the bar association and the management of its assets, and to decide whether or not to discharge the board of directors,
4. To approve the Bar Association’s budget,
5. To review and approve the internal regulations to be prepared by the board of directors,
6. To determine the form and amount of aid to be provided to needy lawyers and their survivors in the event of their death, beyond the authority granted to the bar association’s board of directors by the current legislation.
7. To discuss and decide on professional requests,
8. To specify the qualifications of law firms,
9. To use other powers granted by law.

Regular meeting:

Article 82 – (Amended: 22/1/1986 – 3256/12 art.)

The general assembly meets every two years, in the first week of October, upon the invitation of the bar association president, to discuss the items on its agenda, provided that the last number is even.

Extraordinary meeting:

Article 83 – The Union of Turkish Bar Associations, the bar association president, the board of directors, or the board of auditors may call an extraordinary general assembly meeting when deemed necessary. The bar association president must call an extraordinary general assembly meeting within fifteen days at the latest upon a written request from one-fifth of the lawyers listed on the bar association, specifying the topics of discussion.

Invitation to the meeting:

Article 84 – (Amended: 2/5/2001 – 4667/50 art.)

The place, time, and agenda of the ordinary General Assembly meeting, and the date, time, and venue of the second meeting if a quorum is not achieved at the first meeting, will be announced at least thirty days in advance, starting at the bar association’s surrounding judicial offices and at a suitable location within the bar association, and continuing until the general assembly meeting date. This announcement constitutes notification.

General assembly presidential council:

Article 85 – At both ordinary and extraordinary general assembly meetings, the first order of business is to elect a presidential board consisting of a president, a vice-president, and two members. The election is conducted separately and by a show of hands unless otherwise decided by the general assembly, and those receiving the highest number of votes are elected.

The bar association president and members of the board of directors and audit board cannot be elected to the presidential council.

Obligation to attend the meeting:

Article 86 – (Amended: 8/5/1984 – 3003/3 art.)

(Amended first paragraph: 2/5/2001 – 4667/51 Art.) Lawyers registered on the bar association’s directory are obligated to attend and vote in both regular and extraordinary general assembly meetings. Those who fail to attend these meetings without a justified reason or who fail to vote are subject to a fine equal to one-third of the annual dues paid to lawyers registered with that bar by the chair of the district election board. These fines are collected by the relevant bar association and recorded as revenue in the bar’s budget.

The third and fourth paragraphs of Article 64 also apply to fines imposed pursuant to this article.

Quorum for discussion and decision:

Article 87 – The general assembly convenes with the participation of one more than half of the lawyers listed in the register.

(Amended second paragraph: 2/5/2001 – 4667/52 Art.) If the quorum specified in the first paragraph is not achieved, the meeting shall be adjourned for one week unless there is a compelling reason. However, this adjournment may not exceed fifteen days. No meeting or discussion may be held at this meeting unless at least one-third of bar associations with up to sixty (inclusive) members, one-fifth of those with up to four hundred (inclusive), and one-tenth of those with more than four hundred members are present.

Subject to a quorum in accordance with the above provisions, decisions are made by accepting the proposal that receives the most votes. In the event of a tie, the party chaired by the general assembly shall prevail.

(Repealed fourth paragraph: 2/5/2001 – 4667/52 art.)

A member cannot vote on matters that concern him or her personally. This principle does not apply in elections.

(Amended last paragraph: 8/5/1984 – 3003/4 art.) The decisions of the general assembly are recorded in a report. The report is signed by the general assembly presidency and sent to the Union of Turkish Bar Associations.

Prohibition on off-agenda discussions:

Article 88 – At the general assembly meeting, decisions cannot be made on matters not specified on the agenda. Decisions regarding a new meeting are excluded from this provision.

II – Bar Association Board of Directors:

Establishment:

Article 89 – The board of directors of each bar association is composed of the bar association president and at least four members.

There are six main members in bar associations with fifty to one hundred lawyers, eight in bar associations with one hundred and one to two hundred and fifty lawyers, and ten in bar associations with more than 251 lawyers, and there are as many substitute members as the number of main members in each bar association.

The president of the bar association is the chairman of the board of directors.

Eligibility, obstacles and method of selection:

Article 90 – (Amended: 26/2/1970 – 1238/1 art.)

Board members are elected from among attorneys listed on the list who have at least five years of seniority in the legal profession. In bar associations with fewer than one hundred members, the five-year seniority requirement is not required.

Those against whom a final investigation has been initiated for an offense that prevents the practice of law, or who have been punished with a reprimand, fine, or dismissal by a final decision of the disciplinary board within the past five years, cannot be elected as Board Members. (Additional sentence: 2/5/2001 – 4667/53 art.) Those whose duties have been terminated pursuant to the provision of Article 77 cannot be candidates for bar association bodies at the next general assembly.

(Repealed third paragraph: 8/5/1984 – 3003/9 art.)

Board members are elected by secret ballot. The ballot must include at least one more name than half of the total number of members to be elected. Ballots containing fewer names are not valid. If more names are included than the total number of members to be elected, the extra names are not counted, starting from the last.

Candidates are ranked according to the number of votes they receive. Starting with the highest number of votes, the primary members are elected first, followed by the alternates. In the event of a tie in votes, the candidate with more professional seniority takes precedence; if the candidates have equal seniority, the older candidate takes precedence. Alternate members are called to office on the Board based on their rank in the number of votes they receive.

The duties of Board members who lose their eligibility for election automatically end.

Election period:

Article 91 – (Amended: 14/11/1984 – 3079/1 art.)

The term of office of the Board of Directors is two years. Members of the Board of Directors whose terms have expired may be re-elected.

Leaving before the end of the election period:

Article 92 – (Amended first paragraph: 22/1/1986 – 3256/13 art.) The place of a board member who leaves before the end of the election period shall be filled by the substitute member who received the most votes.

If a public lawsuit is filed against a member of the Board of Directors for an offense that prevents him/her from being elected in accordance with Article 90, this member cannot participate in the Board of Directors until the end of the case; his/her place will be filled by an alternate member.

Meetings:

Article 93 – The Board of Directors is called to a meeting by the President of the Bar Association, either directly or upon the written request of one of the members regarding the subject of discussion.

The Board of Directors meets by a simple majority and makes decisions by a simple majority of the total number of members. In the event of a tie, the party chaired by the president prevails. The Bar Association President or Board members may not participate in discussions of matters concerning them.

The minutes prepared regarding the decisions of the Board of Directors are signed by the chairman and the members.

Invitation to the meeting:

Article 94 – (Amended first paragraph: 2/5/2001 – 4667/54 art.) The members of the board of directors shall meet upon the invitation of the bar association president. A member who fails to attend three consecutive meetings without excuse shall have his/her membership terminated by decision of the board of directors.

An objection may be made to the Union of Turkish Bar Associations against this decision within fifteen days from the date of notification. (Additional sentence: 2/5/2001 – 4667/54 art.) An objection does not suspend the implementation of the decision.

Duties of the board of directors:

Article 95 – The board of directors is obliged to fulfill the duties assigned to it by law, and to prosecute the affairs of the bar association and protect its interests.

The main duties of the board of directors are:

1. To ensure that the honor and professional order of the attorneyship are protected and that the profession is practiced with loyalty and honor in accordance with the aims of justice,
2. To decide on the admission of trainees and lawyers to the bar, their registration to the register or their transfer,
3. (Amended: 2/5/2001 – 4667/55 art.) To organize the bar association directory, to keep the list of lawyers and the attorney partnership registry,
4. (Amended: 2/5/2001 – 4667/55 art.) To guide and inform members of the bar association regarding their professional duties and to supervise whether professional duties are being performed, to defend the legal profession and colleagues against violations of rights against the profession and members of the profession, to take all legal and administrative initiatives in these matters,
5. (Amended: 2/5/2001 – 4667/55 art.) To mediate and conciliate upon request in disputes between lawyers registered in the register, between lawyers and lawyer partnerships, between partners of lawyer partnerships and between them and the clients, and to invite them to a settlement in fee disputes.
6. To manage the bar association’s assets and determine the form of assistance to be provided to lawyers in need,
7. (Amended: 2/5/2001 – 4667/55 art.) To prepare reports on the management of the bar association’s assets and to give account to the general assembly, and to prepare the budget and submit it to the general assembly for approval.
8. To buy, sell, and mortgage movable and immovable properties on behalf of the bar association, and to establish and revoke all kinds of real rights on these properties, and to grant special authority to the bar association president in these matters.
9. Organizing and supervising internship work,
10. To decide on the resignations of board members,
11. To establish and manage a legal aid office,
12. Preparing the general assembly agenda,
13. To fulfill the decisions of the general assembly,
14. To organize and manage the personnel affairs of the Bar’s paid officers,
15. (Amended: 2/5/2001 – 4667/55 art.) To carry out all the work related to internal management and to prepare the directives,
16. To implement the decisions of the Ministry of Justice, the Union of Turkish Bar Associations and the disciplinary board,
17. To express opinions on matters requested by ministries, courts or official institutions,
18. To use other powers granted by law.
19. (Added: 2/5/2001 – 4667/55 art.) To establish representative offices in the courthouses within the Bar Association region,
20. (Added: 2/5/2001 – 4667/55 art.) To elect the lawyer referees to participate in the Arbitration Board specified in article 167,
21. (Added: 2/5/2001 – 4667/55 art.) To defend and protect the rule of law and human rights and to make these concepts operational,
22. (Added: 2/5/2001 – 4667/55 art.) To examine the conformity of the attorney partnership articles of association with the standard articles of association and to decide on its registration in the attorney partnership registry.

The board of directors may delegate the duties listed in subparagraphs 4 and 5 of the second paragraph to some of its members.

III – Presidency of the Bar Association;

Election and leaving before the end of the election period:

Article 96 – The bar association president is elected for a two-year term. Re-election is permissible. (Additional sentence: 2/5/2001 – 4667/56 art.; Repealed sentence: 29/6/2006 – 5533/1 art.)

(Amended second paragraph: 2/5/2001 – 4667/56 art.) The bar association president is elected by secret ballot from among attorneys listed on the roster who have at least ten years of seniority in the legal profession. In bar associations with fewer than one hundred members, seniority is not a requirement.

(Amended third paragraph: 2/5/2001 – 4667/56 art.) The provisions of the second and sixth paragraphs of Article 90 shall also apply analogously to the election of the bar association president.

(Amended fourth paragraph: 11/7/2020-7249/17 art.) In place of the bar association president who leaves before the end of the election period, a bar association president is elected by the bar association’s board of directors from among its own members to complete the remaining term.

Duties:

Article 97 – The duties of the bar association president are as follows:

1. To represent the Bar Association and chair the Board of Directors,
2. To fulfill the decisions of the general assembly, board of directors and disciplinary board and to carry out daily operations,
3. To grant and acquire property on behalf of the bar association, to undertake undertakings, to accept donations made to the bar association and to implement the budget, within the scope of the permission and authority granted pursuant to Article 95.
4. To appoint lawyers who will represent and defend the bar association in courts and official offices,
5. To ensure that lawyer records are prepared and preserved in accordance with the sample sent by the Union of Turkish Bar Associations,
6. To defend the requirements of the law and professional rules against all kinds of bodies in matters related to professional honor and independence and to carry out matters that directly or indirectly force him/her to perform his/her duties in this regard,
7. To submit a written report to the Union of Turkish Bar Associations every year regarding the activities of the bar and its board of directors,
8. In bar associations that do not have a Presidential Council, to fulfill the duties and exercise the powers of other members of the Council,
9. To use other powers granted by law.

IV – Bar Association Presidential Council:

Establishment and selection:

Article 98 – Presidential Council:

1. President of the Bar Association,

2nd Vice President of the Bar Association,

3. Secretary General of the Bar Association,
4. From the Bar Association Treasurer,

It consists of.

Establishing a presidential council is mandatory for bar associations with more than 50 members.

The members of the council, other than the president, are elected by the board from among its own members by secret ballot at the first meeting following each election for the board of directors.

If one of the members of the presidential board leaves before the end of his term, a new member is elected for the remaining term within one month at the latest.

Duties of the presidential council:

Article 99 – The Presidential Board shall carry out the duties assigned to it by law or by the decision of the Board of Directors.

The Council takes the necessary decisions regarding the management of the bar association’s assets and, upon the request of the Board of Directors, provides written or verbal information to the Board on the same matter.

Duties of the vice president of the bar association:

Article 100 – The Vice President of the Bar Association shall exercise the powers and perform the duties of the President in the absence of the President of the Bar Association or in the event of a vacancy in the position of President of the Bar Association for any reason, until a new President takes office.

In the absence of the vice president of the bar association, the exercise of the powers and the fulfillment of the duties of the president belong to the most senior member of the board of directors.

Duties of the Secretary General of the Bar Association:

Article 101 – The general secretary of the bar association prepares the minutes of the board of directors meetings, manages the internal work and clerical affairs of the bar association, gives the necessary directives to the bar association secretary and supervises the work of the secretary.

Duties of the bar association treasurer:

Article 102 – The treasurer of the bar association is authorized to manage the property of the bar association in accordance with the decisions of the presidential council and to supervise all kinds of matters related to receiving and paying money, collecting dues, collecting fines that will be recorded as income for the bar association, and implementing the budget.

(Amended second paragraph: 22/1/1986 – 3256/14 art.) The treasurer of the bar association signs the papers prepared for receiving and giving money together with the vice president of the bar association or the secretary general of the bar association in the absence of the bar association president.

V – Bar association disciplinary board:

Establishment:

Article 103 – The disciplinary board shall consist of three members in bar associations with up to two hundred and fifty lawyers, and five members in bar associations with more than two hundred and fifty lawyers. Three alternate members shall also be elected to the disciplinary board in each bar association.

Eligibility and obstacles to selection:

Article 104 – (Amended: 26/2/1970 – 1238/1 art.)

The provisions of Article 90 shall also apply to the members of the Disciplinary Board by analogy.

The election results are reported to the Union of Turkish Bar Associations in a report prepared by the Board of Directors.

Election period:

Article 105 – (Amended: 22/1/1986 – 3256/15 art.)

Disciplinary board members are elected for two-year terms. A member whose term has expired may be re-elected.

(Amended second paragraph: 2/5/2001 – 4667/57 art.) The disciplinary board shall elect a chairperson and a secretary from among its members at its first meeting following the election. The provisions of articles 90, 92, and 94 shall apply analogously to the members of the disciplinary board.

Meetings:

Article 106 – The disciplinary board meets if at least three of its members are present.

Decisions are made by a simple majority of the total number of members. In the event of a tie, the party chaired by the chairman shall prevail.

In the absence of the President, the most senior member of the profession shall preside over the Board.

Duty:

Article 107 – The duty of the disciplinary board is to initiate disciplinary proceedings against lawyers upon the decision of the bar association’s board of directors to initiate disciplinary proceedings, to make disciplinary decisions and penalties, and to exercise other powers granted by law.

VI – Bar Association Audit Board:

Establishment and mission:

Article 108 – (Amended: 24/12/1970 – 1238/1 art.)

(Amended first paragraph: 22/1/1986 – 3256/16 art.) The general assembly of the bar association elects a maximum of three principal and three substitute auditors from among its members for a period of two years in order to audit the financial affairs of the bar association.

The election shall be conducted by secret ballot. The provisions of Articles 90 and 92 shall apply analogously to auditors.

PART NINE

Union of Turkish Bar Associations

CHAPTER ONE

General Provisions

Establishment and characteristics of the Union:

Article 109 – (Amended first paragraph: 2/5/2001 – 4667/58 art.) The Union of Turkish Bar Associations is an organization formed by the participation of all bar associations.

The Union is a professional organization with the status of a public institution with legal personality.

The headquarters of the union is Ankara.

Duties of the Union:

Article 110 – The duties of the Union of Turkish Bar Associations are as follows:

1. To learn the views of each bar association on matters concerning bar associations and to express the majority’s thoughts and opinions at the end of joint discussions,
2. To design the work of bar associations to achieve a common goal and to ensure the development of the profession,
3. To protect the general interests of the bar association members and the ethics, order and traditions of the profession,
4. To strengthen the professional ties between Turkish bar associations and their members by introducing them to each other,
5. To work towards establishing bar associations in every city center and to instill in citizens the belief in the necessity and benefits of filing and defending their cases through lawyers.
6. To make requests and publications, and to prepare preliminary drafts if necessary, for the development and implementation of laws in accordance with the needs of the country.
7. To inform the competent authorities of its views on matters concerning bar associations,
8. To submit reports on legal and professional matters to be inquired about by the Ministry of Justice, authorities with judicial or legislative authority, and bar associations.
9. To take all measures to encourage and ensure the professional development of lawyers,
10. To cooperate with the Ministry of Justice and judicial authorities to systematically collect and publish court precedents,
11. To strive to ensure that the rights granted to lawyers by law are realized and the duties assigned to them are fulfilled fully and honorably.
12. To open libraries, publish journals, organize conferences, and encourage the production of copyrighted and translated works in order to raise the scientific and professional levels of bar association members.
13. To organize meetings from time to time to discuss the solutions and measures to be considered in order to make the profession more attractive and to achieve the written objectives in this regard,
14. To deal with and maintain contacts with the law-related boards and institutions established within the country,
15. To establish contacts with foreign bar associations, lawyers’ associations and legal institutions and to participate in international congresses,
16. To determine and recommend the professional rules that must be followed,
17. (Added: 2/5/2001 – 4667/59 art.) To defend and protect the rule of law and human rights, and to make these concepts operational.
18. To use other powers granted by law.

Prohibitions, acquisition of property, place in protocol, suspension from duty and termination of duty:

Article 111 – (Amended: 8/5/1984 – 3003/5 art.)

(Amended first paragraph: 18/6/1997 – 4276/5 art.) The Union of Turkish Bar Associations cannot engage in activities other than its founding purposes.

The Union may acquire movable and immovable property to be used in activities suitable for its purpose.

The Union participates in official ceremonies according to the rules of protocol.

(Amended third paragraph: 2/5/2001 – 4667/60 art.) The President of the Union of Turkish Bar Associations is included next to the Chief Public Prosecutor of the Supreme Court of Appeals in the protocol.

(Amended last paragraph: 18/6/1997 – 4276/5 art.) The provisions of paragraphs five, six, seven, eight, and nine of Article 77 shall also apply to the Union’s organs. (Additional sentence: 2/5/2001 – 4667/60 art.) However, if the body whose office has been terminated is the Union’s Board of Directors, the duties of this body shall be carried out by at least three lawyers, appointed by the court that issued the decision from among the delegates of the last general assembly, as a temporary board of directors until the date on which the newly elected persons begin their duties.

Paid tasks:

Article 112 – The positions of the President, Vice President, General Secretary, and Treasurer of the Union of Turkish Bar Associations are paid. Members of the Union’s Board of Directors who are not members of the presidential council and members of the disciplinary and supervisory boards are paid an attendance fee for the meetings they attend. The amounts and payment methods of the salaries and attendance fees are determined by the Union’s General Assembly.

Travel, accommodation, and other essential expenses for those elected from provinces other than Ankara will be covered by the union’s budget. The amount will be determined by the general assembly.

CHAPTER TWO

Organs of the Union

Organs:

Article 113 – The organs of the Union of Turkish Bar Associations are as follows:

1. General Assembly of the Union of Turkish Bar Associations,
2. Board of Directors of the Union of Turkish Bar Associations,
3. Presidency of the Union of Turkish Bar Associations,
4. Presidential Council of the Union of Turkish Bar Associations,
5. Disciplinary Board of the Union of Turkish Bar Associations,
6. Union of Turkish Bar Associations Auditing Board.

I – General Assembly of the Union of Turkish Bar Associations:

Establishment:

Article 114 – The highest body of the Union of Turkish Bar Associations is the General Assembly.

(Amended second paragraph: 2/5/2001 – 4667/61 art.) The General Assembly is formed by three delegates, each elected by secret ballot from among members of bar associations with at least ten years of experience in the legal profession. Incumbent bar association presidents and lawyers who have served or are serving as presidents of the Union of Turkish Bar Associations are natural members of the Union’s General Assembly and have the right to vote, vote, and be elected.

(Amended third paragraph: 11/7/2020-7249/18 art.) The general assemblies of the bar association also elect one delegate for every five thousand members.

The same number of alternate members are elected by each bar association. Delegates are elected for two-year terms at the ordinary general assembly meeting of each bar association.

Those who have the obstacles stated in the second paragraph of Article 90 cannot be delegates.

Each bar association covers the travel and living expenses of delegates from its own budget.

(Amended seventh paragraph: 2/5/2001 – 4667/61 art.) The location, date, and agenda of the General Assembly meeting, and the need to send delegates, shall be notified to the bar associations in writing at least thirty days before the meeting. If a principal member has an excuse, the alternate member shall attend and vote at the General Assembly of the Union of Turkish Bar Associations.

Meetings:

Article 115 – (Amended first paragraph: 11/7/2020-7249/19 art.) The General Assembly of the Union shall hold its ordinary meeting in Ankara in December of the year in which the bar association elections are held.

(Amended second paragraph: July 11, 2020 – Article 7249/19) The Union’s Board of Directors may convene an extraordinary meeting of the General Assembly, either directly or upon the written request of the boards of directors of at least twenty-five bar associations, limited to the scope of its duties specified in Article 117. However, elections cannot be held at the extraordinary meeting.

may request the Union’s Board of Directors to convene an extraordinary meeting of the General Assembly in order to receive its views and opinions on the general interests of justice and the profession (…) .

The provisions of the first paragraph of Article 85 shall apply analogously to the election of the Presidential Board of the Union General Assembly. Those serving on Union bodies cannot be elected to the Presidential Board.

Quorum for discussion and decision:

Article 116 – The General Assembly of the Union cannot hold meetings or discussions unless at least one-fourth of its members attend.

If the quorum specified in the first paragraph is not met, the meeting shall be adjourned for another day, not exceeding one month. If at least one-fifth of the members fail to attend the second meeting, the meeting shall be adjourned for another month until the required number is reached.

The 3rd, 4th and 5th paragraphs of Article 87 and the provisions of Article 88 shall also apply analogously to the meetings and discussions of the Union’s General Assembly.

Duties:

Article 117 – The duties of the Union General Assembly are as follows:

1. To elect the members of the Union’s Management, disciplinary and audit committees and the Union president,
2. To discuss and decide on the reports and agenda items regarding the work within the scope of the establishment purpose,
3. To give instructions to the Union Board of Directors,
4. (Amended: 22/1/1986 – 3256/18 art.) To examine the Union’s accounts, approve its budget, and decide on the discharge of the Union’s Board of Directors from their work,
5. To elect delegates to attend local and foreign congresses (The General Assembly may grant this authority to the Union’s Board of Directors).
6. To decide on the time and place of the next General Assembly meeting,
7. (Amended: 22/1/1986 – 3256/18 art.) To make proposals on matters concerning justice and the profession, to determine the professional rules that must be followed,
8. (Amended: 22/1/1986 – 3256/18 art.) To determine the amount of dues to be collected by bar associations from lawyers on behalf of the union, not to exceed half of the annual bar dues for each lawyer.
9. To determine the amount and payment method of the salaries of the president, vice presidents, general secretary and treasurer of the Union, and the attendance fees to be paid to the members of the management, disciplinary and audit boards,
10. (Amended: 2/5/2001 – 4667/62 art.) To fulfill the duties and use the powers given to the Union in articles 49 and 75 of this Law,
11. To use other powers granted by law.

II – Board of Directors of the Union of Turkish Bar Associations:

Establishment:

             Article 118 – The Union’s Board of Directors consists of the Union President and ten members elected by the Union’s General Assembly from among its own members by secret ballot. Ten alternate members are also elected.

The union’s board of directors is chaired by the union president.

Election period:

Article 119 – (Amended first paragraph: 14/11/1984 – 3079/2 art.) The term of office of the Union’s Board of Directors is four years. Members of the Union’s Board of Directors whose terms have expired may be re-elected.

The 2nd, 3rd, 4th, 5th and 6th paragraphs of Article 90 and the provisions of Article 92 shall also apply to the members of the Board of Directors of the Union by analogy.

Meetings:

Article 120 – The Union’s Board of Directors shall hold an ordinary meeting once a month. In urgent cases, the Board may call an extraordinary meeting at any time upon the request of the President or a member of the Board of Directors.

At the end of each meeting, the date of the next meeting is determined. Members are notified of the meeting date by invitation letter. Those with disabilities must notify the meeting in writing at least seven days in advance.

A member who fails to attend three consecutive meetings without a documented reason for failure is deemed to have resigned.

The Union’s Board of Directors meets with a simple majority of the total membership and makes decisions by a simple majority of the attendees. However, in meetings held with ten or fewer members, a unanimous vote is required for a decision to be made. In the event of a tie, the party chaired by the chairman shall prevail.

Duties:

Article 121 – The duties of the Union’s board of directors are as follows:

1. To call the general assembly of the Union to a meeting and prepare the agenda,
2. (Amended: 22/1/1986 – 3256/19 art.) To manage the Union and its assets,
3. (Amended: 22/1/1986 – 3256/19 art.) To prepare the two-year budget and submit it to the general assembly,
4. To implement the decisions taken by the general assembly of the Union,
5. (Amended: 22/1/1986 – 3256/19 art.) To buy, sell, mortgage real estate on behalf of the Union and to establish and remove all kinds of real rights on these properties, to authorize the Union President in these matters and other acquisition and tax transactions,
6. To organize and carry out the personnel affairs of the Union’s paid civil servants,
7. To keep books showing the summary of the decisions of the Union’s board of directors,
8. (Amended: 2/5/2001 – 4667/62 art.) To keep the records of lawyers, those working together in the same office and lawyer partnerships in accordance with the principles and procedures specified in the regulation, to prepare the standard articles of association of lawyer partnerships, to issue and print lawyer licenses, identity documents and lawyer partnership authorization documents,
9. (Amended: 22/1/1986 – 3256/19 art.) To report to the General Assembly of the Union on the general situation, transactions and work of the Union and to request discharge for its work and accounts,
10. To examine and decide on objections made against the decisions of bar associations, provided that they are not assigned to another authority or body by law.
11. (Amended: 2/5/2001 – 4667/63 art.) To fulfill the duties and use the powers given to the Union in articles 31, 44, 54 and 77 and article 83 of this Law,
12. To call the general assemblies of bar associations to extraordinary meetings,
13. To make necessary applications to the relevant authorities to protect the rights and interests of lawyers and bar associations,
14. To conduct studies that will contribute to the development of the legal profession, the protection of the rights of lawyers and the improvement of their social situation, and to present the results and proposals to the general assembly of the union.
15. To express the necessary thoughts and opinions on matters to be asked from official sources regarding the legal profession,
16. To open libraries for the advancement of lawyers in their profession, to publish professional publications, to assist in the publication of works prepared by lawyers,
17. To resolve disputes between bar associations,
18. (Amended: 2/5/2001 – 4667/63 art.) To undertake all kinds of efforts to ensure and maintain professional solidarity, to defend the legal profession and its colleagues against any violations of rights against the profession and its members, and to take all kinds of legal and administrative initiatives in these matters,
19. To exercise other powers granted by law.
20. (Added: 2/5/2001 – 4667/63 art.; Repealed: 28/11/2006-5558/1 art.)

III – Presidency of the Union of Turkish Bar Associations:

Election and leaving before the end of the election period:

Article 122 – The Union President is elected by the Union’s General Assembly from among its members for a four-year term. Re-election is permitted.

The provisions of paragraphs 2, 3 and 6 of Article 90 and paragraph 4 of Article 96 shall apply to the union president by analogy.

Duties:

Article 123 – The duties of the union president are as follows:

1. To represent the Union and chair the Union’s Board of Directors,
2. To carry out the decisions of the general assembly, board of directors and disciplinary board of the Union.
3. To make leases and acquisitions on behalf of the union, to undertake undertakings, to accept donations made to the union and to implement the budget, within the authority granted in accordance with Article 121.
4. To appoint lawyers who will represent and defend the union in courts and official offices,
5. To establish and maintain relations with foreign bar associations, bar associations and legal institutions,
6. To defend the requirements of the law and professional rules against all kinds of bodies in matters related to professional honor and independence and to carry out matters that directly or indirectly force him/her to perform his/her duties in this regard,
7. ( Amended: 22/1/1986 – 3256/20 art.) To submit a written report to the General Assembly of the Union regarding the work of the Union,
8. To use other powers granted by law.

             IV – Presidential Council of the Union of Turkish Bar Associations:

Establishment and selection:

             Article 124 – The Union presidential council;

1. President of the Union of Turkish Bar Associations,
2. Two vice presidents of the Union of Turkish Bar Associations,
3. Secretary General of the Union of Turkish Bar Associations,
4. From the Treasurer of the Union of Turkish Bar Associations,

It consists of.

The members of the council, except for the president, are elected by the board from among its own members by secret ballot at the first meeting following each election for the union’s board of directors.

If one of the members of the Union’s presidential board leaves before the end of his term, a new member is elected within one month for the remaining term.

             Duties of the Union Presidential Board:

             Article 125 – The union presidential board shall carry out the duties assigned to it by law or by the decision of the union’s board of directors.

The Council takes the necessary decisions regarding the management of the union’s assets and provides written or verbal information to the union’s board of directors on the same subject, upon request.

             (Additional paragraph: 2/5/2001 – 4667/64 art.) When necessary, it calls the bar association presidents to a meeting to obtain their opinions.

Duties of the Vice Presidents of the Union of Turkish Bar Associations:

Article 126 – Vice presidents of the Union shall perform the duties and exercise the powers assigned by the Union President.

In the absence of the Union President or if the Union Presidentship is vacant for any reason, the exercise of the President’s powers and the fulfillment of the duties belong to the Vice Presidents in order of seniority in the profession until the new President takes office.

In the absence of the Vice Presidents of the Union, the most senior member of the Union Board of Directors exercises the powers and fulfills the duties of the President.

Duties of the Secretary General of the Union of Turkish Bar Associations:

Article 127 – The Secretary General of the Union prepares the minutes of the Union Board of Directors meetings, manages the internal work and clerical affairs of the Union, gives the necessary directives to the Union secretary and supervises the work of the secretary.

Duties of the Treasurer of the Union of Turkish Bar Associations:

Article 128 – The Union Treasurer is authorized to manage the assets of the Union in accordance with the decisions of the Union Presidential Council, to receive and distribute money, and to supervise all aspects of the implementation of the budget.

(Amended second paragraph: 22/1/1986 – 3256/21 art.) The Union treasurer signs the papers prepared for receiving and giving money together with the Union President, or in his absence, one of the Union Vice Presidents or the Union Secretary General.

             V – Disciplinary board of the Union of Turkish Bar Associations:

Establishment:

             Article 129 – The Union’s Disciplinary Board is composed of seven members elected by the Union’s General Assembly from among its own members by secret ballot. Seven alternate members are also elected.

The Board elects a president from among its members at its first meeting after the election.

             Election period:

             Article 130 – Members of the Union’s Disciplinary Board are elected for four-year terms. A member whose term has expired may be re-elected.

The provisions of paragraphs 2, 3, 4, 5 and 6 of article 90 and article 92 shall apply analogously to the members of the Union Disciplinary Board.

Meetings:

Article 131 – The Union Disciplinary Board shall hold regular meetings once a month. In urgent cases, the Board may call for an extraordinary meeting at any time upon the request of the Union President, the Union Disciplinary Board Chair, or one of its members.

The second and third paragraphs of Article 120 shall also apply to the Union Disciplinary Board by analogy.

The Union Disciplinary Board convenes with a simple majority of the total membership, and decisions are made by the unanimous vote of at least four members. In the event of a tie, the side supported by the President shall prevail.

             Duty:

             Article 132 – The Union Disciplinary Board shall perform the duties and exercise the powers granted by this law.

VI – Turkish Bar Association audit board:

Establishment and mission:

Article 133 – (Amended first paragraph: 22/1/1986 – 3256/22 art.) The General Assembly of the Union elects three main and three substitute auditors from among its members for a period of four years in order to audit the financial transactions of the Union.

The auditors are elected by secret ballot. Paragraphs 2, 3, 4, 5 and 6 of Article 90 and the provisions of Article 92 apply to auditors by analogy.

The working procedure, duties and powers of the Union’s Supervisory Board are specified in the regulations.

PART TEN

Disciplinary Procedures and Penalties

Cases in which disciplinary penalties will be applied:

Article 134 – (Amended: 2/5/2001 – 4667/65 art.)

Disciplinary penalties specified in this Law shall be imposed on those who engage in actions and behaviors that do not comply with the honor, order and traditions of the legal profession and professional rules, and those who do not fulfill their duties in professional work or who do not act in accordance with the honesty required by their duties.

Disciplinary penalties:

Article 135 – Disciplinary penalties are as follows:

1. (Amended: 22/1/1986 – 3256/23 art.) Warning is the notification to the lawyer that he should be more careful in the practice of his profession.
2. Reprimand is the notification to the lawyer that he is deemed to be defective in his profession and behavior.
3. (Amended: 22/1/1986 – 3256/23 art.) A fine of ten thousand to one hundred and fifty thousand lira.
4. (Amended: 2/5/2001 – 4667/66 art.) Dismissal is the prohibition of the professional activities of the lawyer or the lawyer partnership for a period of not less than three months and not more than three years.
5. Expulsion from the profession means the revocation of the attorney’s license, the deletion of the attorney’s name from the bar association’s register, and the removal of the attorney’s title. (Additional sentence: 2/5/2001 – 4667/66 art.) For attorney partnerships, it means deletion from the bar association’s attorney partnership register.

How penalties are applied:

Article 136 – Those who do not comply with the principles set forth in the sixth section of this law regarding the rights and duties of lawyers shall be subject to a minimum of a reprimand for the first time, a fine or dismissal for repetition, depending on the severity of the act, and a dismissal from the profession in the event of a final conviction for an offence set forth in Article 5, paragraph (a).

A lawyer who commits a behavior that requires disciplinary punishment two or more times within a five-year period will be subject to a more severe penalty than the previous one for each new offense.

If a lawyer, once dismissed, acts contrary to the rules in the sixth part of this law within a five-year period, he will be expelled from the profession.

Right to defense:

Article 137 – In prosecutions against lawyers, the matter charged must be clearly and in writing notified to the lawyer, a written defence must be requested and a period of at least ten days must be allowed for this defence.

Actions and behaviors before enrolling in the bar and after leaving the profession:

Article 138 – (Amended first paragraph: 2/5/2001 – 4667/67 art.) Actions and behaviors prior to admission to and registration with the bar association cannot be subject to disciplinary prosecution unless they warrant expulsion from the profession. The internship period is exempt from this provision.

The lawyer’s resignation from the practice of law does not prevent disciplinary proceedings for his actions and behavior during his time as a lawyer.

Prosecution authority and completion of missing members:

Article 139 – The authority to decide on disciplinary prosecution and to conduct the prosecution belongs to the bar association in which the lawyer was registered on the date the complaint or notice on which the prosecution is based occurred, or the public prosecutor requested prosecution, or the act or behavior constituting the basis of the prosecution was reported ex officio.

The bar association president, members of the bar association’s management and disciplinary board cannot participate in discussions and decisions regarding prosecutions against them.

If a quorum for a meeting of the bar association’s executive or disciplinary boards is not present due to a situation falling within the scope of the second paragraph, or due to the president and members’ refusal or refusal to attend, the absence shall be made up by substitutes. If substitutes fail to attend the meeting or decision for any reason, or if their number is insufficient, the absence shall be made up by drawing lots from among attorneys listed on the bar association’s roster who are eligible for election to the executive and disciplinary boards.

The impact of criminal prosecution on disciplinary punishments:

Article 140 – Criminal prosecution initiated against a lawyer does not prevent the implementation of disciplinary actions and decisions.

(Amended second paragraph: 22/1/1986 – 3256/24 art.) However, if a criminal court has filed a lawsuit against a lawyer who has engaged in an act that would constitute a disciplinary action or decision, the disciplinary proceedings against the lawyer shall be suspended until the conclusion of the criminal case. In such a case, upon the request of the Board of Directors, the disciplinary board must make a decision pursuant to Articles 153 and 154 on whether the lawyer should be banned from practice.

Except for the case of acquittal because the act was not committed or was not committed by the defendant, disciplinary prosecution for acts that fall within the scope of a criminal case that has resulted in acquittal depends on whether that act requires disciplinary prosecution on its own, separate from the provisions of the criminal law.

Bar association boards of directors are also required to initiate disciplinary proceedings for actions that constitute the subject of a criminal case resulting in a conviction.

Initiation of disciplinary proceedings:

Article 141 – Disciplinary proceedings are initiated by a decision of the board of directors.

The board of directors is obliged to make a decision on disciplinary proceedings immediately and in any case within a maximum of one year from the date of notification, complaint or request.

The board of directors may, upon a report or complaint from the relevant party, upon the request of the public prosecutor, or on its own initiative, assign one of its members the task of conducting the investigation that will form the basis for a decision to initiate disciplinary proceedings. The member tasked with conducting the investigation shall gather evidence and may take statements, even under oath, from those it deems necessary. After hearing the attorney under investigation or after the expiration of the hearing period, the board shall submit the file to the board of directors with a report. (Additional sentence: 2/5/2001 – Article 4667/68) For investigation purposes, the board of directors may request information and documents from all judicial and administrative authorities and may request and examine relevant files or copies.

The decisions made by the board of directors regarding the non-prosecution of the action or behavior subject to the complaint, report or request are notified to the relevant parties and the public prosecutor.

Objection to decisions not to initiate disciplinary proceedings:

Article 142 – An objection may be made to the Board of Directors of the Union of Turkish Bar Associations by the complainant or the public prosecutor within 15 days from the date of notification against the decisions of the Bar Association’s Board of Directors that there is no need for disciplinary prosecution.

If, following a review of the file by the Union of Turkish Bar Associations Board of Directors, the complaint, report, or request is deemed worthy of review, the previous decision will be rescinded and the file will be sent to the bar association that issued the previous decision for disciplinary proceedings to be initiated. These decisions of the Union of Turkish Bar Associations Board of Directors are final.

The decisions of the Bar Association Board of Directors regarding the absence of disciplinary prosecution become final if no objection is raised within the prescribed period.

(Amended fourth paragraph: 2/5/2001 – 4667/69 art.) Decisions to reject an objection made pursuant to the first paragraph, issued by the Union of Turkish Bar Associations Board of Directors, shall become final if the Ministry either does not issue a decision or approves the decision within two months of receiving it from the Ministry of Justice. However, the Ministry of Justice shall return any decisions it deems inappropriate to the Union of Turkish Bar Associations for reconsideration, along with the justification provided. These returned decisions shall be deemed approved if approved by the Union of Turkish Bar Associations Board of Directors by a two-thirds majority; otherwise, they shall be deemed disapproved; the Union of Turkish Bar Associations shall notify the Ministry of Justice of the outcome.

The provisions of paragraphs 6 and 7 of Article 8 shall apply analogously in this case as well.

Re-examination for the same action:

Article 143 – Re-examination of actions that fall within the scope of the decision that no disciplinary prosecution should be initiated is subject to the discovery of new evidence and the lapse of less than three years from the date on which this decision became final.

Hearing before the disciplinary board:

Article 144 – (Amended: 22/1/1986 – 3256/25 art.)

(Amended first paragraph: 2/5/2001 – 4667/144 art.) In cases where a decision is made to initiate disciplinary proceedings, the disciplinary board shall review the documents upon the Board of Directors’ request. The file sent to the disciplinary board shall also include the attorney’s record. If the attorney requests or the disciplinary board deems it necessary, the review shall be conducted with a hearing.

The hearing will be secret.

The disciplinary board must conclude its investigation promptly and, in all likelihood, within one year of receiving the decision. Circumstances requiring the outcome of the criminal case are reserved.

Hearing in absentia:

Article 145 – A hearing shall be held in the absence of a lawyer who fails to comply with the summons. However, if the lawyer fails to appear, the summons must state that the hearing will be held in his absence.

Presentation and examination of evidence:

Article 146 – The disciplinary board shall determine and determine the manner in which evidence is presented and examined, regardless of any request or waiver or prior decisions.

Hearing of witnesses and experts:

Article 147 – The summoning of witnesses and experts to the hearing, or their hearing by one of the members or by letter rogatory, or the reading of their written statements is at the discretion of the disciplinary board.

However, if the evidence of an incident consists solely of the personal knowledge of a witness, this witness is heard in any case.

Hearing minutes:

Article 148 – The hearing minutes are kept by a member or clerk appointed by the chairman of the disciplinary board.

It is mandatory to read the minutes of those heard outside the hearing at the hearing.

Execution of the rogatory order:

Article 149 – The instructions given by way of rogatory shall be carried out by the disciplinary board or a member of this board at the headquarters of the bar association, and by a lawyer appointed by the disciplinary board of that bar association at other locations.

Calling witnesses and experts:

Article 150 – (Amended: 23/1/2008-5728/335 art.)

Witnesses and experts are summoned in accordance with the provisions of the Notification Law.

The provisions of the Code of Criminal Procedure regarding testimony shall apply to those who, after being duly summoned, fail to appear without a legally valid excuse, or who, without a legal reason, refuse to testify, testify as an expert, or take an oath. The criminal judge of peace in the provincial capital where the Bar Association is located is authorized to make the necessary decisions pursuant to this paragraph. The criminal judge of peace shall make these decisions based on a copy of the disciplinary board’s minutes.

Rejection and dismissal of disciplinary board members:

Article 151 – Members of the disciplinary board may be rejected and retracted for the reasons stated in the Code of Criminal Procedure.

The rejection request is reviewed with the participation of members other than the member whose rejection is requested.

If the board cannot convene due to rejection or refusal, action is taken in accordance with Article 139.

Notification of decisions:

Article 152 – A certified copy of the disciplinary board’s decisions shall be notified to the relevant parties as well as to the public prosecutor in the provincial centre where the bar association is located.

Ban from work:

Article 153 – A lawyer who is being prosecuted for an act that may require expulsion from the profession may be banned from work as a precautionary measure by the decision of the disciplinary board.

Before the decision is made, the person concerned must have been heard or summoned for hearing but not arrived on the specified day. (Additional sentence: 2/5/2001 – 4667/71 art.) However, it is not mandatory for a lawyer whose office address notified to the bar association cannot be notified to be summoned and heard separately.

The disciplinary board freely determines, without being subject to demand, the extent to which the evidence that will form the basis of this decision will be presented and examined.

The decision, along with the reasons, is notified to the attorney facing prosecution and enters into force on the date of the decision. However, an appeal may be filed with the Disciplinary Board of the Union of Turkish Bar Associations. An appeal does not suspend the implementation of the decision. Objections on this matter must be resolved promptly and within one month at the latest. If the objection is found to be warranted, the decision will be rescinded.

The decision to ban from work is immediately announced to the judicial bodies and other authorities by the bar association presidency.

Cases where it is mandatory to be banned from work:

Article 154 – (Amended: 8/5/1984 – 3003/7 art.)

who have been dismissed from their profession or (…) (…) and who have been temporarily assigned in accordance with Article 42 and who have received the fees for the work done from the employer but have not paid them to the relevant authority without an acceptable reason in accordance with the last paragraph of the same article must be banned from work.

Lawyers who are not banned from work by the disciplinary board within two months from the occurrence of the reasons for ban specified in the above paragraph, are banned from work by the direct decision of the Disciplinary Board of the Union of Turkish Bar Associations.

Provisions for prohibition from work:

Article 155 – Those who have been banned from practicing law may not exercise any of the powers of the attorney in any way from that date onward. This provision does not apply to matters concerning the attorney’s spouse or minor children.

One of the penalties specified in subparagraphs 4 and 5 of article 135 shall be applied to the lawyer who acts contrary to the prohibition stated in the first paragraph.

Courts and official offices are obliged to not accept lawyers who are banned from working.

Lifting the decision to ban from work:

Article 156 – (Amended first paragraph: 2/5/2001 – 4667/73 art.) The decision to ban from work is automatically lifted in cases where the prosecution is stopped or a penalty is given that does not prevent the practice of law.

The decision to ban from work is lifted by the disciplinary board if it is determined that the circumstances and conditions that led to this decision do not exist or have subsequently ceased to exist.

Objection against the disciplinary board decision:

Article 157 – The Public Prosecutor and the relevant parties may object to the Disciplinary Board of the Union of Turkish Bar Associations against the decisions of the Disciplinary Board within thirty days from the date of notification.

The Union’s disciplinary board reviews disciplinary cases based on the case file. However, when reviewing decisions regarding dismissal, dismissal, or prohibition from employment, it may decide to hold a hearing upon the request of the lawyer involved or on its own initiative.

Articles 145 and 146 also apply to the union disciplinary board.

The union disciplinary board hearing begins with the rapporteur member explaining the case. This member must sign the report and file it before the hearing.

Following the rapporteur’s explanation, the relevant attorney and any attorneys present will provide the necessary explanations. The objecting party will be heard first. The final say belongs to the person facing disciplinary proceedings.

The Union’s disciplinary board may decide to approve the decision in question or to overturn the decision and send the file to the relevant bar association in order to deepen the prosecution. In cases that do not require re-examination, it may decide on the merits of the case by overturning the decision it deems inappropriate or may approve the decision by correcting it.

(Amended seventh paragraph: 2/5/2001 – 4667/74 art.) Decisions made by the Union’s Disciplinary Board upon objection shall become final if the Ministry either does not issue a decision or approves the decision within two months of receipt by the Ministry of Justice. However, the Ministry of Justice shall return any decisions it deems inappropriate to the Union of Turkish Bar Associations for reconsideration, along with the reasons provided. These returned decisions shall be deemed approved if approved by the Union of Turkish Bar Associations Disciplinary Board by a two-thirds majority; otherwise, they shall be deemed disapproved; the Union of Turkish Bar Associations shall notify the Ministry of Justice of the outcome. However, decisions regarding warnings, reprimands, and fines are final and are not subject to Ministry approval.

(Amended eighth paragraph: 2/5/2001 – 4667/74 art.) The provisions of the sixth and seventh paragraphs of Article 8 shall apply here by analogy.

Free assessment of evidence, purpose of sentencing and deduction from the penalty

Article 158 – The Disciplinary Board of the Union of Turkish Bar Associations and the disciplinary boards of bar associations freely evaluate the evidence presented according to the opinion they obtain from the investigation and hearing.

(Amended second paragraph: 2/5/2001 – 4667/75 art.) In imposing disciplinary penalties, these boards shall take into consideration the principles of protecting the honour, order and traditions of the legal profession, the rules and reputation of the profession, and ensuring that duties are carried out in accordance with the aims and requirements of the profession and justice.

(Additional paragraph: 22/1/1986 – 3256/26 art.) If a lawyer who is banned from work is given a temporary dismissal penalty, the period during which he is banned from work is deducted from the penalty.

Statute of limitations for prosecution and punishment:

Article 159 – If three years have passed since the acts warranting disciplinary action were committed, no prosecution may be initiated. This period does not apply if the board of directors has seized control of the work.

If four and a half years have passed since the acts requiring disciplinary punishment were committed, no disciplinary punishment can be imposed.

If the action requiring disciplinary punishment also constitutes a crime and the law has set a longer statute of limitations for this crime, this statute of limitations shall apply instead of the periods in the first and second paragraphs.

Implementation of disciplinary decisions and deletion of penalties from the record:

Article 160 – (Amended: 22/1/1986 – 3256/27 art.)

Decisions regarding disciplinary punishments cannot be implemented until they become final.

Lawyers who have been given a disciplinary penalty other than expulsion from the profession or dismissal may apply to the disciplinary board after five years have passed since the application of warnings, reprimands and fines, and request that these disciplinary penalties be erased from their records.

If the person concerned has not received a disciplinary penalty within the period specified in the above paragraph, the disciplinary penalty is decided to be deleted and the disciplinary section in the record file is removed and a new one is prepared.

Witness and expert expenses:

Article 161 – Every witness and expert summoned in connection with disciplinary proceedings is entitled to compensation commensurate with the time lost and the work expended. Those who must travel to comply with the summons shall also be compensated for travel and accommodation expenses. The complainant and the attorney facing prosecution shall pay in advance the expenses of the witness and expert they wish to hear.

Expenses that cannot be charged to a lawyer or a third party, or that cannot be collected from the debtor, are charged to the bar association.

An advance payment of between 10 and 200 lira may be requested from the complainant, taking into account the nature of the complaint and the extent of the disciplinary investigation and prosecution to be conducted. If the advance payment received is insufficient to cover the proceedings, it may be requested to be completed at any time. Action may not be taken until the advance payment and the requested amount are paid by the person concerned.

Collection of fines or expenses:

Article 162 – Decisions regarding the payment of fines or expenses shall be executed in accordance with the provisions of the Enforcement and Bankruptcy Law regarding the enforcement of judgments. Fines shall be recorded as income to the bar association.

Enforcement proceedings are carried out by a lawyer to be given power of attorney by the bar association in accordance with general provisions.

PART ELEVEN

Attorney Agreement

Scope of the attorney contract

Article 163 – (Amended: 2/5/2001 – 4667/76 art.)

Attorney contracts are freely drafted. The attorney contract must cover a specific legal assistance and a specific amount or value. Unwritten agreements are proven according to general provisions. Conditional contracts that do not violate the law are valid.

Contracts exceeding the attorney fee ceiling are valid up to the ceiling specified in this Law. The invalidity of a executed contract cannot be claimed. Except in cases of non-existence, the invalidity of one provision of an attorney contract does not invalidate the entire contract.

Attorney fees

Article 164 – (Amended: 2/5/2001 – 4667/77 art.)

Attorney’s fee refers to the amount or value of the attorney’s legal assistance.

The value of the thing to be sued or judged or a certain percentage of the money may be decided as the attorney’s fee, not to exceed twenty-five percent.

Contracts made in accordance with the second paragraph cannot contain a provision that a portion of the property and rights other than the money in question will belong to the lawyer.

Attorney fees cannot be determined under the minimum attorney fee schedule. If a case is taken without payment, the situation shall be reported to the bar association’s board of directors. (Amended third and fourth sentence: January 13, 2004 – Article 5043/5) In cases where an attorney fee has not been agreed upon, or where there is no written fee agreement between the parties, or where the fee agreement is unclear or disputed, or where the fee-related provision of the fee agreement is deemed invalid, the attorney fee shall be determined by the competent authority to review fee objections for the portion of the case won, based on the attorney’s effort, as of the date the judgment is finalized, provided that the amount is not below the minimum fee schedule for cases and matters whose value cannot be measured in money. For cases and matters whose value cannot be measured in money, the attorney minimum fee schedule shall apply.

At the conclusion of the case, the attorney’s fees, based on the decision and the tariff, charged to the other party are the responsibility of the attorney. This fee cannot be exchanged, offset, or seized against the client’s debt.

Joint and several liability for the fee:

Article 165 – (Amended: 2/5/2001 – 4667/78 art.)

If there is more than one client, each of them is considered jointly and severally liable for the payment of attorney fees in cases where the case is concluded by amicable settlement or by any other means between the parties and is left unprosecuted.

The lawyer’s right to lien and the priority of attorney’s fees:

Article 166 – The lawyer may retain the goods, money and all other valuables given by his client or received on his behalf, in proportion to his receivables, until the payment of the lawyer’s fees and expenses.

A lawyer has a priority right over other creditors regarding the client’s retained or acquired property resulting from their work, as well as any money or property to be collected pursuant to a judgment from the other party in the case, based on their contractual fee and the court’s judgment. Priority rights are based on the date the power of attorney is issued, and if the power of attorney is general, the date of the first official application made on behalf of the client for the work for which the fee is due. (Additional sentence: 2/5/2001 – Article 4667/79). In the event of the client’s bankruptcy, the lawyer’s attorney fee receivables are also prioritized. However, the provisions of the first paragraph of Article 206 of the Enforcement and Bankruptcy Law No. 2004, dated 9/6/1932, are reserved.

When a judgment is enforced through forced execution, the enforcement office shall immediately serve a notice, issued simultaneously with the enforcement order, on the attorney of the party requesting enforcement, whose name is listed on the order, with the costs collected from the applicant. Until this notice is served, further stages of enforcement cannot be proceeded with. Article 59 of the Enforcement and Bankruptcy Law No. 2004 shall apply to the costs of serving the attorney.

In the event of the lawyer’s death, the attorney’s fee receivables transferred to the lawyer’s heirs are also subject to priority, just as the attorney’s receivables are. However, the notification requirement specified in the third paragraph does not apply to these individuals.

Resolution of disputes through arbitration

Article 167 – (Amended: 2/5/2001 – 4667/80 art. ; Cancellation: By the decision of the Constitutional Court dated 3/3/2004 and numbered E.:2003/98, K.:2004/31.)

Preparation of attorney fee schedule:

Article 168 – (Amended: 2/5/2001 – 4667/81 art.)

The boards of directors of the bar association prepare a tariff showing the minimum amounts of attorney fees to be collected for transactions in courts and other transactions and send it to the Union of Turkish Bar Associations every September.

The tariff to be applied by the Board of Directors of the Union of Turkish Bar Associations, taking into consideration the proposals of the bar association’s boards of directors, shall be prepared by the end of October of that year and sent to the Ministry of Justice. (Additional sentence: 16/6/2009-5904/35 art.) However, in the prepared tariff, the amount of attorney’s fees shall be determined as a fixed amount for taxes, duties, charges and similar financial obligations pertaining to the general budget, special provincial administrations, municipalities and villages, and their increases and penalties, as well as lawsuits related to the tariffs and all kinds of lawsuits arising from the implementation of Law No. 6183 on the Procedure for Collection of Public Receivables. This tariff shall become final if the Ministry does not make a decision within one month from the date it reaches the Ministry of Justice or if the tariff is approved. However, the Ministry of Justice shall return any tariff it finds inappropriate to the Union of Turkish Bar Associations for reconsideration, together with the justification provided. This returned tariff shall be deemed approved if it is accepted as is by a two-thirds majority by the Board of Directors of the Union of Turkish Bar Associations; otherwise, it shall be deemed disapproved; The result is reported to the Ministry of Justice by the Union of Turkish Bar Associations. The provisions of the sixth paragraph of Article 8 shall apply by analogy.

In determining the attorney’s fee, the tariff in effect on the date the legal aid is completed or the verdict is given at the end of the case is taken as basis.

The amount of attorney’s fees to be charged to the opposing party by the judicial authorities:

Article 169 – (Amended: 31/10/1980 – 2329/2 art.)

The attorney’s fee to be charged to the opposing party by the judicial authorities cannot be less than the amount stated in the attorney’s fee schedule and cannot be more than three times.

(Repealed second paragraph: 2/5/2001 – 4667/82 art.)

Article 170 – (Repealed: 22/1/1986 – 3256/29 art.)

The obligation to follow the work to the end and to delegate it to someone else:

Article 171 – (Amended first paragraph: 2/5/2001 – 4667/83 art.) The lawyer shall follow up the work he has undertaken until the end in accordance with the provisions of the law and even if there is no written contract.

If the power of attorney granted to a lawyer authorizes the attorney to delegate the matter, the attorney may pursue it jointly with or by delegating it to another lawyer, unless expressly stated in the written contract to the contrary. If the power of attorney grants general authority to delegate and act on behalf of another lawyer in all cases and matters initiated or pursued after the date of the power of attorney, the attorney may pursue the matter jointly with or by delegating it to another lawyer in all cases and matters initiated or pursued after that date, without the need to obtain a separate power of attorney from the client.

In the cases specified in the second paragraph, the lawyer’s liability to the client continues. He or she is personally and jointly and severally liable to the client for the negligence of lawyers with whom he or she has worked together or to whom he or she has fully delegated the work, and for any resulting damage. However, this provision does not apply to lawyers who have fully delegated their work to someone else because they are required to work elsewhere for a job specified in Article 12.

If the lawyer has assigned other lawyers to the work, the lawyer cannot demand a separate fee, nor can the collaborating lawyer demand any fee from the client. If the work is entirely assigned to another lawyer, the assigning and assigned lawyers may demand from the client a fee for the time they spent, provided it does not exceed the amount specified in the fee agreement. However, if the assigning lawyer has received a fee from the client in advance, they are obligated to pay the assigned lawyer any excess amount for the time they spent.

If the client assigns the work to another lawyer:

Article 172 – The client may involve other lawyers in the prosecution and defense of the case with the written consent of the lawyer with whom he made the initial agreement.

The client requests the first lawyer’s consent by sending a written notice, either delivered or served upon the client, and granting the first lawyer a period of at least one week. If the lawyer fails to respond within this period, consent is deemed granted.

If the first lawyer does not consent, the agency contract automatically terminates. The client is obligated to pay the full fee to the lawyer who does not consent.

If the case is handled by other lawyers with the consent of the first lawyer, the client cannot reduce the first lawyer’s fee. In such a case, the third paragraph of Article 171 applies to the lawyers’ liability to the client.

Allocating attorney fees to a specific job:

Article 173 – Unless otherwise provided in the contract, the agreed attorney fee is only for the work undertaken by the attorney, and any other lawsuits, enforcement proceedings or any kind of legal assistance are subject to separate fees, even if there is a counter lawsuit, connection or relationship.

All taxes, duties, fees, and expenses necessary for the performance of the work entrusted to the lawyer, or for the completion of the work after it has been completed, are the responsibility of the client and must be paid to the lawyer or other appropriate venue upon request by the lawyer. For these expenses to be covered by the lawyer, the client must provide a sufficient advance payment. The lawyer’s travel expenses for the work and compensation for leaving the workplace are paid separately by the client, as per the agreement. The lawyer cannot be compelled to travel unless these expenses are paid in advance. A contract may be entered into to the contrary.

The lawyer’s abandonment of the case, dismissal and non-payment of the fee on time:

Article 174 – A lawyer who gives up pursuing a case without justifiable cause cannot claim any fee and must return the fee he received in advance.

In the event of dismissal of a lawyer, the full fee shall be paid. However, if the lawyer is dismissed due to fault or negligence, the fee is not payable.

If the attorney’s upfront fee is not paid according to the agreement, the attorney is not obligated to begin work. Any liability arising from this lies with the client. If the attorney is prevented from following up on the work and achieving results due to failure to meet other payment requirements in the written agreement, the same provision applies regarding liability.

Address of the employer:

Article 175 – Any notification made by the lawyer to the address specified in the client’s power of attorney shall be deemed to have been made to the client. Any change of address shall be notified to the lawyer by registered mail by the client within three days at the latest.

The responsibility arising from failure to notify the client of letters sent to the client’s address or failure to notify changes of address belongs to the client.

PART TWELVE

Judicial Assistance

Scope of legal aid

Article 176 – (Amended: 2/5/2001 – 4667/84 art.)

Legal aid is the provision of legal services specified in this Law to those who cannot afford legal fees and other litigation expenses.

Legal aid office

Article 177 – (Amended: 2/5/2001 – 4667/85 art.)

Legal aid services are provided by legal aid offices, formed by bar association boards of directors from among lawyers, at bar association headquarters. The bar association board of directors may also appoint a lawyer as a legal aid office representative in any jurisdiction outside the bar association headquarters with more than five lawyers. The office and representatives operate under the supervision of the bar association board of directors.

(Additional second paragraph: July 11, 2020 – Article 7249/20) (Amended paragraph: June 8, 2022 – Article 7409/2) In provinces with more than one bar association, each bar association shall establish a legal aid office. Assignments made upon the request of judicial authorities shall be made through the electronic information system established by the Union of Turkish Bar Associations, ensuring equality among lawyers in that province.

Request for legal aid

Article 178 – (Amended: 2/5/2001 – 4667/86 art.)

A request for legal aid must be submitted to the legal aid office or its representatives. The applicant must provide supporting evidence to prove the validity of their request.

If a request for assistance is rejected, the person concerned may appeal to the bar association president, either verbally or in writing. The decision of the bar association president is final.

Providing legal aid

Article 179 – (Amended: 2/5/2001 – 4667/87 art.)

If the legal aid request is accepted, the office appoints one or more lawyers to carry out the necessary procedures. Upon receipt of the letter of appointment, the appointed lawyer is obligated to provide legal services.

This obligation ends when the relevant party fails to provide the necessary documents and information despite the request or refrains from giving a power of attorney.

In addition, if the assigned lawyer wishes to refrain from performing this task, he must pay the fee specified in the tariff to the bar association within fifteen days from the date on which the task is notified to him.

The office monitors the stages of the assigned lawyer’s execution of the work.

The provisions regarding legal aid in the Code of Civil Procedure No. 1086 dated 18.6.1927 and the Code of Criminal Procedure No. 1412 dated 4.4.1929 and other laws are reserved.

Income and expenses of the office

Article 180 – (Amended: 2/5/2001 – 4667/88 art. )

The income of the legal aid office is as follows:

Three percent of the fees collected according to the tariffs (1), (2) and (3) of the Law on Fees No. 492, based on the total amounts determined according to the final account results of the previous two years, and three percent of the fines, excluding administrative fines ,

1. b) Shares to be allocated to the bar and aid provided to the bar from public and private institutions and organizations, provincial or municipal budgets,
2. c) All kinds of donations made for this purpose,
3. d) Fees to be paid by lawyers who withdraw from legal aid duties,
4. e) Ten percent of the fee received by the lawyer assigned with legal aid and five percent of the portion of the legal aid benefited by the person who is successful in the case, in addition to the lawyer’s fee.

The office’s expenses include:

1. a) Fees to be paid to lawyers assigned with legal aid, when necessary,
2. b) Fees to be paid to those assigned to the office,
3. c) Office expenses and other expenses.

The revenues and expenses of legal aid offices are shown in separate sections of the office budget. Any surplus revenue remaining in this section must be carried forward to the following year.

The funds calculated in accordance with subparagraph (a) of the first paragraph shall be transferred to the Union of Turkish Bar Associations’ account by the Ministry of Finance each year by the end of March. These funds shall be used exclusively for legal aid, and any funds not spent during the year shall be transferred in their entirety to the following year. (Additional sentences: 8/6/2022-7409/3 art.) Scoring is the basis for the distribution of funds among bar associations. Each bar association is initially assigned five basic points. To this basic point, one point is added for every fifty lawyer members, and one point is added for every five thousand inhabitants, based on the provincial population. In provinces with more than one bar association, thirty percent of the total points determined for every five thousand inhabitants shall be distributed equally among the bar associations in that province, and the remainder shall be distributed according to the score obtained by dividing (…) the total number of lawyers registered in the register in that province and multiplying this figure by the number of members of each bar association. Matters regarding the distribution and use of these funds among bar associations shall be regulated by the regulations issued by the Union of Turkish Bar Associations.

(Additional paragraph: 28/3/2007-5615/26 art.) One percent of the fees collected according to tariffs (1), (2), and (3) under Law No. 492 on Fees, based on the total amounts determined by the Ministry of Finance based on the final accounts for the previous two years, and one percent of the fines, excluding administrative fines, shall be transferred to an account opened in the name of the Union of Turkish Bar Associations by the end of March each year, and current expenses related to the appointment of compulsory defense counsel and attorneys shall be paid from this account. This account shall be used exclusively for current expenses related to the appointment of compulsory defense counsel and attorneys, and any money not spent during the year shall be carried forward in kind to the following year. The distribution and expenditure of these funds among bar associations, and matters related to the personnel to be employed for this service shall be regulated by a regulation to be jointly issued by the Ministry of Justice and the Union of Turkish Bar Associations, in consultation with the Ministry of Finance.

Annual work report and regulations

Article 181 – (Amended: 2/5/2001 – 4667/89 art. )

The legal aid office reports its work to the bar association’s board of directors in a report prepared at the end of each year. A copy of the report is sent by the bar association to the Union of Turkish Bar Associations.

Matters such as the establishment of the legal aid office, determination of the lawyers to be assigned and the fees to be paid to them, the operation and supervision of the office are specified in the regulations to be issued by the Union of Turkish Bar Associations.

PART THIRTEEN

Miscellaneous Provisions

Regulations:

Article 182 – (Amended: 2/5/2001 – 4667/90 art.)

Regulations covering matters left to regulation by this Law, as well as other matters that must be included in the regulations for the implementation of the Law, are prepared by the Board of Directors of the Union of Turkish Bar Associations and submitted to the Ministry of Justice. If no decision is made or if the regulations are approved within two months of their receipt by the Ministry of Justice, they shall enter into force upon publication in the Official Gazette. (…),60 The Ministry of Justice shall return any regulations it deems inappropriate to the Union of Turkish Bar Associations for reconsideration, along with the reasons provided. These returned regulations shall enter into force upon publication in the Official Gazette if approved by a two-thirds majority vote of the Union of Turkish Bar Associations Board of Directors. Otherwise, they shall be deemed not approved, and the Union of Turkish Bar Associations shall notify the Ministry of Justice of the outcome. The provisions of the sixth and seventh paragraphs of Article 8 shall apply here by analogy.

(Additional paragraph: 10/9/2014-6552/94 art.) However, no examination or similar regime can be foreseen for admission to legal internship, during the internship period or for admission to the legal profession by regulation or other regulatory procedure.

Notification to be made to public prosecutors:

Article 183 – In accordance with this law, the relevant file must be sent along with the notification to the public prosecutors.

Services that will be counted towards seniority as a lawyer:

Article 184 – The time spent by those who transition to attorneyship from the services listed in the first paragraph of Article 4 shall be counted towards their seniority in attorneyship.

Provision to be applied to attorneys:

Article 185 – The provisions of this Law, excluding the second, fourth, fifth, seventh, eighth and ninth parts and Article 65, shall apply to the attorneys by analogy.

(Repealed second paragraph: 2/5/2001 – 4667/91 art.)

Those who are absolutely required to enter community insurance:

Article 186 – (Repealed: 31/5/2006-5510/106 art.)

Those whose obligation to enter community insurance is conditional:

Article 187 – (Repealed: 31/5/2006-5510/106 art.)

Those who cannot participate in community insurance:

Article 188 – (Repealed: 31/5/2006-5510/106 art.)

Article 189 – (Repealed: 26/2/1970 – 1238/6 art.)

Consequences of not paying premium debt:

Article 190 – The name of the lawyer who does not pay the Community Insurance premiums on the time specified in the community contract will be deleted from the bar association’s register by the decision of the bar association’s board of directors until he pays the accumulated premium debt in accordance with the terms of the contract, and the situation will be reported to the relevant authorities.

The consequences of non-payment of Community Insurance premiums are exclusive to the lawyer who is the premium debtor, and no provision can be included in the contract regarding the extension of these consequences to other insured persons participating in the same Community Insurance contract or to the bar association. (Additional sentence: 2/5/2001 – 4667/92 article) The provision of Article 140 of the Social Security Law No. 506 dated 17.7.1964 does not apply to bar associations.

Preparation of the standard contract and entry into the community agreement:

Article 191 – (Repealed: 31/5/2006-5510/106 art.)

Repealed provisions:

Article 192 – The Attorneyship Law No. 3499 and its additions and amendments are hereby repealed, subject to the provisions of the temporary Article 7.

Regarding the amended provisions of the law:

Article 193 – (This article is related to the amendment of articles 1, 4 and 5 of the law no. 6207 dated 21/12/1953 and has been inserted in their places in the relevant law.)

Amended provision of Law No. 1086:

Article 194 – (This article is related to the amendment of Article 61 of Law No. 1086 dated 18/6/1927 and has been inserted in its place in the said law.)

Counting the previous legal profession subject to retirement as seniority:

Article 195 – (Re-arrangement: 26/2/1970 – 1238/1 art.)

When a lawyer who has entered into community insurance in accordance with this law and whose insurance continues is appointed or selected to a position or service subject to retirement, three-quarters of the lawyer period on which his insurance is based is added to his seniority and his duty or service salary and the salary that forms the basis of retirement deductions are increased.

Article 196 – (Repealed: 26/2/1970 – 1238/6 art.)

Article 197– (Repealed: 26/2/1970 – 1238/6 art.)

Article 198 – (Repealed: 26/2/1970 – 1238/6 art.)

Lawyers working in public institutions and organizations and public economic enterprises:

Additional Article 1 – (Added: 8/5/1984 – 3003/8 art.)

Those who hold permanent and permanent legal positions in public institutions and organizations, as well as public economic enterprises, are required to register with the bar association. However, the provisions of this Law regarding admission to the legal profession and issuance of licenses apply to them. While performing duties required by their duties, they have the same powers and rights as lawyers registered with the bar association and are obligated to the same duties. A lawyer who is not registered with the bar association must notify the bar association in the province where they work, or, if there is more than one bar association in that province, one of these bar associations.

In accordance with the above paragraph, candidates who declare that they do not want to be enrolled in the bar association directory will only be accepted into the legal profession and a license will be issued in their name, and other procedures stipulated in the law will be carried out in the same manner.

In case of leaving the duties mentioned in the first paragraph, practicing law is possible by being registered in the bar association directory.

The disciplinary procedures and penalties foreseen by this Law for lawyers are also applied to the lawyers mentioned in this article by the bar association of the place where the lawyer regularly works.

Representation abroad

Additional Article 2 – (Amended: 2/5/2001 – 4667/94 art.)

Lawyers may participate in international meetings and congresses to represent the Union of Turkish Bar Associations or bar associations by informing the Ministry of Justice.

Conducting elections:

Additional Article 3 – (Added: 8/5/1984 – 3003/8 art.)

Procedures regarding the elections of the bodies of bar associations and the Union of Turkish Bar Associations to be held by secret ballot in accordance with this Law are carried out under judicial supervision in accordance with the following principles.

(Amended second paragraph: 2/5/2001 – 4667/95 Art.) At least fifteen days before the general assembly meeting in which elections will be held, the list of lawyers registered in the registry (…) for bar association elections, and the principal and alternate delegates and natural delegates elected by bar associations to the general assembly for Union of Turkish Bar Association elections, shall be submitted in three copies to the judge who is the presiding judge of the district election board in that location, along with a document specifying the agenda, place, day, and time of the meeting, and matters pertaining to the second meeting to be held in the event of a lack of a quorum. If there is more than one district election board in a location, the judge in charge shall be determined by the Supreme Election Council. The meeting dates shall be determined by taking into account other items on the agenda, and elections shall be held under the supervision of the presiding judge of the district election board, based on the conclusion of the deliberations. In bar associations with more than four hundred members, deliberations shall conclude on Saturday, and elections shall begin at nine o’clock on Sunday, with voting concluding at seventeen o’clock.

After reviewing the relevant records and documents, if necessary, and ensuring any deficiencies are corrected, the judge approves the list of attorneys participating in the election and the other matters specified in the preceding paragraph. The approved list and other matters related to the meeting are posted in the notice boards of the Justice Department and the bar association for three days.

Objections to the list made during the announcement period are reviewed by the judge and a final decision is made within two days at the latest.

The finalized lists and other matters related to the meeting are approved and sent to the relevant bar association or the Union of Turkish Bar Associations.

The judge appoints a ballot box committee consisting of a chairperson and two members from among public officials or non-candidate lawyers. He/she also appoints three alternate members. In the absence of the ballot box committee chair, the senior member shall preside over the committee.

The election ballot box committee is responsible for the conduct and management of elections in accordance with the principles set forth by law, and the classification of votes, and continues these duties without interruption until the election and classification work is completed.

In bar associations with more than four hundred members, there will be one ballot box for every four hundred people, and a separate committee will be established for each ballot box. Excess members up to one hundred will not be taken into account in the number of ballot boxes. The equipment and materials used in the elections will be provided by the district election board. The locations of the ballot boxes will be determined by the judge.

At the end of the election period, the election results are recorded in a report and signed by the ballot box committee chair and members. If there is more than one ballot box, the reports are consolidated by a judge. A copy of the report is posted at the polling place to announce the provisional election results. Votes cast and other documents, along with a copy of the report, are submitted to the District Election Board for safekeeping for three months.

Objections to the election results submitted within two days of the proceedings and the compilation of the minutes will be reviewed by a judge on the same day and a final decision will be rendered. Immediately after the objection period has expired and the objections have been decided, the judge will announce the final results in accordance with the above provisions and notify the relevant bar association and the Union of Turkish Bar Associations.

(Amended eleventh paragraph: 28/5/1988 – 3464/2 Art.) Voting is conducted on the basis of secret ballot and open counting. A lawyer whose name is not listed cannot vote. Votes are cast after the voter’s identity is proven with a document issued by the bar association or official institution and after the voter signs the space opposite their name on the list. Votes are cast by placing ballot papers, prepared in any way, either together or separately, according to the bodies, in an envelope bearing the seal of the District Election Board and provided by the ballot box chairman at the time of voting. Votes placed in envelopes other than these are invalid. If a primary member has an excuse, an alternate member may attend the General Assembly of the Union of Turkish Bar Associations and vote.

(Amended twelfth paragraph: 2/5/2001 – 4667/95 art.) If the judge detects irregularities or unlawful practices that could affect the election results, he or she shall annul the elections, limited to the body in question. In this case, he or she shall determine the Sunday on which the election will be repeated, not less than one month and not more than two months later, and notify the relevant bar association or the Union of Turkish Bar Associations. Only the election shall be held on the designated day, and the election procedures shall be conducted in accordance with this article and other provisions of the law.

The presiding judge of the district election board and the chair and members of the ballot box committee are paid a fee in accordance with the principles set forth in the “Law on Basic Provisions of Elections and Voter Registers.” These fees and other election expenses are covered by the budgets of the Union of Turkish Bar Associations and the relevant bar associations.

(Amended fourteenth paragraph: 23/1/2008-5728/336 art.) Crimes committed against the ballot box committee chair and members in connection with their duties during elections shall be punished as if they were committed against public officials.

Those who do not comply with the measures taken by the judge and the ballot box committee for the purpose of conducting elections in an orderly and healthy manner are given disciplinary penalties specified in this Law, depending on the severity of the action.

Control:

Additional Article 4 – (Added: 8/5/1984 – 3003/8 art.)

The Ministry of Justice is authorized to inspect bar associations and the Union of Turkish Bar Associations to determine whether they are performing their duties in accordance with the provisions of the law and to inspect their financial transactions in accordance with the principles set forth in the regulations. This administrative and financial inspection is conducted by justice inspectors.

Temporary provisions:

Temporary Article 1 – (Amended: 26/2/1970 – 1238/1 art.)

The first standard contract, which will form the basis for contracts to be concluded between bar associations and the Social Security Institution pursuant to Article 86 of Social Security Law No. 506 after July 7, 1969, shall be determined through discussions held between the Ministry of Labor, the Union of Turkish Bar Associations, and the Social Security Institution within three months following the first meeting of the Union of Turkish Bar Associations, in accordance with Provisional Article 10 of this law. The prepared standard contract shall be sent to all bar associations by the Board of Directors of the Union of Turkish Bar Associations within one week. Bar associations to which lawyers obligated to participate in community insurance are affiliated shall apply to the Social Security Institution within two months of the date the standard contract is received by the bar association to conclude a community insurance contract based on the standard contract. The contracts shall enter into force no later than three months from the date of the bar association’s application.

1. A) Lawyers who are over 30 years of age on the date they become subject to community insurance, but who are over 55 years of age but are not entitled to receive a monthly pension from old-age insurance because they cannot meet the conditions set forth in Article 60 of the Social Security Law No. 506, and:
2. a) Proving that they have been a lawyer registered in the bar association directory for at least 2000 days in the ten years before the start of their insurance,
3. b) Having paid insurance premiums for at least 200 days on average each year during the insurance period,
4. c) Lawyers who have been insured for at least five years are granted an old-age pension in accordance with the principles of Article 61 of the Social Security Law, just like those who have completed 15 years of insurance.

The duration of attorneyship mentioned in subparagraph (a) is determined by documents obtained from the relevant bar associations and submitted to the Social Security Institution within two years at the latest from the date the attorneys’ insurance begins.

If bar associations refuse to issue these working documents, insured lawyers reserve the right to claim damages and losses from the relevant bar association and board president and members.

If it is determined by a provision that the documents showing the duration of the attorneyship do not correspond to the truth, both the person who prepared them and the relevant insured are obliged to pay the Social Security Institution the damages that may be incurred as a result of this, plus fifty percent more and legal interest.

Criminal prosecution is also initiated against such people.

1. B) Among the lawyers who are over 30 years of age on the date they become subject to community insurance, those who are over 50 years of age and are determined to be prematurely aged and who do not qualify for a pension because they cannot meet the conditions set forth in Article 60 of the Social Security Law are granted an old-age pension in accordance with the conditions set out in paragraph (A) and the principles of Article 61 of the Social Security Law, just like those whose insurance period has completed 15 years.

Temporary Article 2 – Among the lawyers who have at least 15 years of total service in the Turkish Retirement Fund constituting the basis for retirement on the date this Law comes into force;

1. A) (Amended: 26/2/1970 – 1238/3 art.) Those who have left the civil service or service for which they paid retirement deductions, for whatever reason, before July 7, 1969, may, provided that they have not been granted a retirement or disability pension, receive credit for the entire period of their actual practice as a lawyer without being subject to Social Security until July 7, 1969, or a portion of this period sufficient to complete 25 years, together with the period of their former service that forms the basis of retirement, in accordance with the following provisions.

Those who have paid their entire term of active legal service may continue their affiliation with the Turkish Retirement Fund in accordance with the provisions of subparagraph (B) below. Those who do not wish to continue their affiliation with the Turkish Retirement Fund and those who have increased their retirement-based service period to 25 years by paying a portion of their active legal service period will receive a retirement pension in accordance with the provisions below.

1. B) Those who leave the civil service or service for which they paid retirement deductions, for whatever reason, on or after the date this Law comes into force, may continue their affiliation with the Turkish Retirement Fund for a total period not exceeding 30 years.

To be eligible for a loan pursuant to subparagraph (A), the applicant must submit a written application to the Turkish Retirement Fund through the bar association listed in the bar association within three months of joining the group insurance program. The amount to be paid is the entire amount of the dues (including the institution’s share) that the applicant must pay for his/her actual time as a lawyer until the effective date of this Law, in accordance with the provisions of the Turkish Retirement Fund Law, starting from his/her seniority at the last salary or allowance grade in the civil service or service for which he/she previously paid deductions to the Turkish Retirement Fund. This amount is considered a promotion every two or three years, taking into account the minimum promotion period for that civil service or service. However, deductions and institution’s share are calculated in accordance with the provisions of the Turkish Retirement Fund Law in effect in the previous years to which they apply.

The total of the credited period and the previous civil service or service periods subject to the Turkish Retirement Fund cannot exceed 30 years. It is not possible to receive credit for the portion of actual legal practice exceeding this amount.

The amount to be repaid shall be paid in a lump sum within one month upon notification by the Turkish Retirement Fund, or in ten equal installments over ten years, depending on the request of the interested party. Those who received their deductions upon leaving their former civil service or service under the Turkish Retirement Fund are obligated to repay them to the fund in full, along with legal interest, within the payment period of the full amount owed or the first installment. Those who fail to repay their deductions within the due date are not entitled to the benefits of this article.

Individuals with outstanding debts become eligible for a retirement pension based on the period calculated by adding the outstanding debt to their previous civil service or service period, and starting from the date they pay the entire outstanding debt, in accordance with Law No. 5434. A total of 25 years is sufficient to qualify for a retirement pension.

In the case of installment payments, lawyers who die before paying their debt in full or become disabled according to the Turkish Retirement Fund (TC Pension Fund) will receive a disability or widow’s or orphan’s pension, starting from the beginning of the month following the death or disability, in accordance with the provisions of Law No. 5434. However, each unpaid annual installment will be divided into 12 equal parts and deducted from that year’s disability or widow’s or orphan’s pension, with the remaining amount paid to the beneficiaries.

In case of payment in installments, the debt status of those who do not pay an installment on time and cannot pay this debt within 1 month upon notification by the Turkish Retirement Fund is terminated and the process is carried out in accordance with the provisions of the Turkish Retirement Fund Law based on the period to be calculated by adding the period corresponding to the amount they paid to their former civil service or service.

In accordance with the above paragraphs, bonuses are paid to those who are granted retirement, disability or widow and orphan pensions to themselves or their entitled heirs, based on the amount of their actual civil service or services before the debt is incurred, in accordance with the provisions of the Turkish Retirement Fund Law.

To benefit from subparagraph (B), the individual must submit a petition to the Fund within one month of leaving the civil service or service for which they paid deductions to the Turkish Retirement Fund, and must not have been granted a pension or have had their deductions refunded. For those benefiting from subparagraph (B) as indicated by the second paragraph of subparagraph (A), this period begins on the date the Fund notifies them that their loan request has been accepted.

The obligation to pay deductions to the fund arises at the beginning of the month following notification to the relevant person that the application submitted to benefit from paragraph (B) has been accepted by the Turkish Retirement Fund. Deductions (including the institution’s share) are paid to the fund directly or through a bank designated by the Turkish Retirement Fund within the first week of each month.

The deduction and institution share are calculated based on the salary grades to be carried out as if the person concerned were promoted every two or three years, starting from the seniority of the person in the last salary or allowance he/she received in the previous civil service or service for which he/she paid deductions to the Turkish Retirement Fund, according to the minimum promotion period of that civil service or service.

If those who continue to be affiliated with the Turkish Retirement Fund in accordance with subparagraph (B) have completed 30 years of retirement, have requested in writing to sever their affiliation with the fund, have died, become disabled under the Turkish Retirement Fund Law, or have defaulted on payment within the one-month period granted by the fund as specified in the provisions for indebtedness, their affiliation with the fund will be terminated as of the beginning of the month following the date on which these circumstances occurred, and they or their entitled heirs will be granted a retirement, disability, widow, or orphan pension based on their total term in accordance with Law No. 5434. The provisions regarding indebtedness will apply analogously to the bonuses to be paid to these individuals.

Those whose retirement-based services amount to 15 years or more, including the time they have accrued in accordance with temporary articles 3, 4 and 5, may also benefit from the provision of paragraph (B) of this article.

(Additional paragraph: 26/2/1970 – 1238/3 art.) The entire period for which those who benefit from the provisions of this article are credited in accordance with paragraph (A) or continue their affiliation with the Republic of Turkey Retirement Fund in accordance with paragraph (B) shall be added to their seniority in the salary or allowance at the time of their last retirement from the position subject to retirement, and their adjustment shall be made as if they were promoted or are being promoted every two or three years, according to the minimum promotion period of this position or service.

(Additional paragraph: 26/2/1970 – 1238/3 art.) Those who have passed the one-month period specified in paragraph 9 of this article for applying to the Turkish Retirement Fund may benefit from the provisions of this article, provided that they apply by January 1, 1971.

Temporary Article 3 – (Amended: 26/2/1970 – 1238/1 art.)

The portion, not exceeding fifteen years, of the actual legal practice performed by those who were participants in the Turkish Retirement Fund on or between July 7, 1969, and January 1, 1971, before the position or service for which they paid retirement deductions, without being subject to the Turkish Retirement Fund Law and without being covered by Social Security, together with any periods previously credited under other laws, shall be added to their retirement-worthy service, provided that they are credited in accordance with the provisions of the article added to Law No. 5434 by Article 5 of Law No. 545, dated February 23, 1965. However, the amount to be credited to these persons shall be determined according to the ratio of the deductions and provisions deducted during the period in which the credited period has elapsed.

In order to benefit from the provisions of this article, the person concerned must apply in writing to the Turkish Retirement Fund by April 1, 1971.

Temporary Article 4 – (Amended: 26/2/1970 – 1238/1 art.)

Of those who were participants in the Turkish Retirement Fund on July 7, 1969, or between that date and January 1, 1971, and who practiced law without being subject to the Turkish Retirement Fund and without being covered by Social Security before the duty or service for which they paid retirement deductions, and who had previously performed a duty or service subject to retirement, the portion of their actual legal practice between periods in which they were affiliated with the Turkish Retirement Fund, together with the periods previously credited under other laws, not exceeding fifteen years, shall be added to their retirement-worthy services in accordance with the provisions of the same article, on the condition that they are credited in accordance with temporary article 3.

The provision of the last paragraph of the temporary article 3 shall also apply in this case.

Provisional Article 5 – If the lawyers falling within the scope of Provisional Articles 2, 3 and 4 have services covered by the Social Security Institution before the actual attorneyship periods they have accrued in accordance with these articles, the services covered by Social Security will be combined with the services (including the accrued periods) in the Turkish Retirement Fund in accordance with the principles of Law No. 228 dated 5/1/1961 regarding the granting of monthly salaries.

For those who wish to benefit from the provision of this article, the provision of temporary article 3 shall be applied analogously regarding the method and period of application to the Turkish Retirement Fund.

Temporary Article 6 – Lawyers who are members of the Lawyers’ Mutual Aid Fund on the date this Law comes into force may request the deletion of their records in the fund by applying to the bar association in whose register they are registered.

The method of payment of the receivables of lawyers whose registrations have been deleted from the fund in accordance with the above paragraph, based on their membership period and fund availability, is determined by a regulation prepared by the relevant bar association’s board of directors and approved by the bar association’s general assembly within three months from the date of entry into force of this Law.

Temporary Article 7 – (Repealed: 30/1/1979 – 2178/8 art.)

Temporary Article 8 – Those who graduated from the School or Faculty of Political Sciences before the entry into force of this Law and passed the exam at the Faculty of Law for the remaining courses will be considered as graduates of the Faculty of Law in the implementation of this Law.

Temporary Article 9 – Those who have served as chief clerks of the Court of Cassation with a law degree for at least four years before the entry into force of this Law are exempt from the registration in subparagraph (c) of Article 3.

Provisional Article 10 – The President of the Ankara Bar Association shall elect and send delegates to the first general assembly, which will convene in Ankara within two months of the effective date of this Law and elect the President of the Union of Turkish Bar Associations, the members of the Union’s Board of Directors, the Union’s Disciplinary Board, and the Union’s Board of Auditors, along with their alternates. He shall inform the bar associations of the place, day, and time of the meeting at least one month in advance. On the specified day, he shall open the meeting and give his seat to the oldest delegate.

Temporary Article 11 – Those who have completed their term of service as specified in Articles 2 and 7 of Law No. 708 and Article 6 of Law No. 2573 on the effective date of the Attorneyship Law No. 3499 are registered in the bar association directory if they meet the conditions specified in Article 3, subparagraphs (a), (b) and (c) and Article 5.

In the implementation of this Law, graduates of Medresetulkuzat and Nüvap School are considered law graduates.

Temporary Article 12 – After the entry into force of both Law No. 3499 and this Law, a litigation license and an attorney’s license cannot be issued based on Article 5 of Law No. 708.

However, those who, although not graduates of law faculty or school, served as judges or prosecutors before the effective date of Law No. 3499 and whose total term of office has exceeded four years, both before and after the effective date of Law No. 3499, will be granted a lawyer’s license, provided that they are exempt from the provisions of subparagraphs (b) and (c) of Article 3. This provision does not apply to those who have been dismissed from their positions based on their records.

Temporary Article 13 – Those who hold a license to act as a lawyer on the date Law No. 3499 comes into effect may act as a lawyer in places where five lawyers are not available. The acquired rights of those who, prior to the entry into force of this Law, were acting as a lawyer in places where five lawyers were not available, pursuant to Article IV of Law No. 3499 (Temporary IV), are reserved.

(Amended second paragraph: 2/5/2001 – 4667/96 art.) In order to practice their profession, attorneys are required to be listed on a list maintained by the bar association to which their locality is affiliated. Upon application for inclusion on the list, bar associations are required to decide within one month on the acceptance or rejection of the request. If a decision is not made within this period or a rejection is made, the relevant person may object to the Board of Directors of the Union of Turkish Bar Associations at the end of the one-month period if no decision is made, or within fifteen days from the date of notification of the rejection if the request is rejected. Decisions made by the Union of Turkish Bar Associations upon objection become final if no decision is made or if the decision is approved by the Ministry of Justice within two months from the date they reach the Ministry of Justice. However, the Ministry of Justice returns any decisions it deems inappropriate to the Union of Turkish Bar Associations for reconsideration, along with the justification provided. These returned decisions are deemed approved if accepted as is by a two-thirds majority by the Board of Directors of the Union of Turkish Bar Associations; otherwise, they are deemed disapproved. The result is reported to the Ministry of Justice by the Union of Turkish Bar Associations. The provisions of the sixth and seventh paragraphs of Article 8 shall apply here as well by analogy.

Being registered on the list has the same consequences as being registered on the bar association’s board, in terms of benefiting from the rights and powers granted to attorneys by this Law and being subject to the obligations.

The procedure for preparing the list by bar associations, the procedures for applying to be included in the list, the manner in which the list is notified to courts, public prosecutors’ offices, enforcement and bankruptcy offices and other official authorities, and the method for deleting records from the list are specified in the regulation written in Article 182 of this Law.

Temporary Article 14 – Bar associations established in accordance with the Law No. 3499 and its amendments and supplements shall continue their duties in accordance with the provisions of this Law.

Temporary Article 15 – The minimum wage tariff to be prepared in accordance with Article 168 shall be prepared within six months from the date of entry into force of this Law and the old tariff shall be applied until the new tariff comes into force.

Temporary Article 16 – Until the Disciplinary Board of the Union of Turkish Bar Associations begins its duties, the files in the attorneys’ dignity board are received by the Ankara Bar Association Presidency to be transferred to this board.

Temporary Article 17 – Persons who have served as chief clerk, court clerk, assistant court clerk or enforcement officer or assistant for at least ten years in judicial authorities, public prosecutors’ offices and enforcement offices, shall be deemed to have the education, internship (…) required for admission to the legal profession in accordance with Article 3 of this Law. If they meet the conditions other than those mentioned above and do not have the obstacles stated in Article 5, they may pursue lawsuits and proceedings exclusively in the civil courts and enforcement and bankruptcy offices of that place, provided that they are entered in the list kept by the bar association to which that place is affiliated, in a place where there are not at least three lawyers or attorneys.

These individuals must open an office within three months of their listing in a location where they can exclusively perform their duties as representatives. The names of those who fail to comply with this requirement will be deleted from the list.

Those who served as attorneys pursuant to the final paragraph of Article 61 of Code of Civil Procedure No. 1086 before the effective date of this Law, regardless of the condition related to their previous legal service, may continue to serve as attorneys exclusively in the civil courts and enforcement and bankruptcy offices of that locality, provided they meet the other requirements specified in the first paragraph, by being entered on the list maintained by the bar association to which that locality is affiliated. However, those whose names are deleted from the list for any reason may not be re-listed unless they meet all the requirements specified in the first paragraph. These individuals must apply for enrollment on the list within three months of the effective date of this article and open an office within three months of the date of enrollment. Otherwise, they will not be listed; if they are listed, their names will be deleted from the list.

(Amended fourth paragraph: 26/2/1970 – 1238/4 Art.) The right to perform attorney duties pursuant to the preceding paragraphs automatically terminates if the number of attorneys or attorneys in that location reaches three. If, within three months of the termination date, the applicant transfers to another location within the same bar association district and opens an office where there are no attorneys or attorneys, their registration on the list continues, with the location of the transfer indicated. If they apply to another bar association within the three-month period, their file will be brought to the list of the bar association to which they applied, and their name will be deleted from the list of the bar association from which they left, and their attorney duties will continue. If they transfer to another location within the same bar association district within the three-month period and fail to open an office, or if they fail to apply for transfer to another bar association before this period expires, the applicant’s name will be deleted from the list.

The provision of the second paragraph of the Provisional Article 13, regarding the application to be included in the list, shall apply to these persons by analogy.

The matters related to the list and indicated in the last paragraph of the temporary article 13 and the content of the authorization document to be given to those who will perform the duty of proxy in accordance with this article are indicated in the regulation written in article 182.

The provisions of this Law, excluding the second, fourth, fifth, seventh, eighth, ninth, eleventh and twelfth parts and articles 49, 57, 58, 59, 60, 61, 62 and 65, shall be applied analogously to the persons falling within the scope of this article.

Bar association entrance and annual dues are not collected from persons falling within the scope of this article.

(Amended last paragraph: 26/2/1970 – 1238/4 art.) The third paragraph of this article shall be repealed on 7 July 1977.

Temporary Article 18 – (Added: 26/2/1970 – 1238/5 art.)

Two-thirds of the periods added to the retirement-based service by being credited in accordance with the temporary articles 3 and 4 are adjusted by being evaluated every two or three years according to the minimum promotion period of the duty or service in which the relevant persons are currently employed, and thus their duty or service salaries and the salaries that constitute the basis for retirement deductions are increased.

Temporary Article 19 – (Added: 1/4/1981 – 2442/2 art.)

On the date of entry into force of this Law, the cases taken by those specified in the paragraph added to Article 14 of the Attorneyship Law by Article 1 of this Law in the martial law military courts shall be transferred within three months in accordance with the provisions of the Attorneyship Law.

Temporary Article 20 – (Added: 25/6/2002 – 4765/1 art.)

The provision of Article 11 shall not apply to those who worked as a teacher in primary or secondary education and as a lawyer together before 10.5.2001, and to those who are in the same situation and are doing their law internship.

(Repealed second paragraph: 28/11/2006-5558/1 art.)

Temporary Article 21 – (Added: 13/1/2004 – 5043/7 art.; Cancellation: By the decision of the Constitutional Court dated 7/2/2008 and numbered E.: 2005/128, K.: 2008/54.)

Temporary Article 22 – (Added: 18/2/2009 – 5838/29 art.)

If the entire outstanding bar dues outstanding as of the effective date of this article are paid within six months of this article’s effective date, the accrued interest will be waived. Any deletion from the register or registry resulting from non-payment of bar dues will be suspended for six months.

Temporary Article 23 – (Added: 11/7/2020-7249/22 art.)

Regardless of their term of office, elections for the bar association presidency, management, disciplinary and audit committee memberships, and delegate elections for the Union of Turkish Bar Associations will be held in the first week of October 2020; elections for the Union Presidency, management, disciplinary and audit committee memberships will be held in December 2020.

Temporary Article 24- (Added: 24/11/2021-7343/15 art.)

The fifth paragraph of Article 59 shall also apply to final decisions issued by the criminal chambers of regional courts of justice before July 15, 2020, regarding crimes committed by lawyers arising from their duties as lawyers, the Union of Turkish Bar Associations, or the organs of bar associations, or during their duties, provided that the request is made within fifteen days of the publication of the Law establishing this article. If this article is applied, the matter of whether the detention of convicts serving sentences will continue pursuant to Article 100 of the Code of Criminal Procedure shall be evaluated by the first-instance court that issued the decision.

Temporary Article 25- (Added: 14/11/2024-7532/2 art.)

For those who started their legal internship before the date this article came into force, the provisions before the amendment made to the second paragraph of Article 16 by the Law establishing this article shall continue to be applied.

Additional Temporary Article 1 – (Added: 31/10/1980 – 2329/3 art.)

After the entry into force of this Law, until the first tariffs to be prepared in accordance with the provisions of the amended Article 168 come into force, the proportional attorney’s fee to be assessed for the part of the value or amount exceeding one billion lira in relation to the lawsuits opened or legal aid initiated, shall be calculated at a rate of one per thousand, regardless of the tariffs in force.

Article 199 – (This article is related to the addition of an additional article to the Municipality Law No. 1580 dated 3/4/1930 and the General Administrative Province Law dated 13/3/1929, and the provisions it introduced were inserted in their places in the relevant laws.)

Effective date of the law:

Article 200 – This Law shall enter into force three months after its publication.

The authority executing the law:

Article 201 – The Council of Ministers shall execute the provisions of this Law.

PROVISIONS THAT CANNOT BE IMPLEMENTED IN THE LAW NO. 1136 DATED 19/3/1969

1) Temporary articles of Law No. 3256 dated 22/1/1986:

Temporary Article 1 – Before the date of entry into force of this Law, in accordance with the provision of Article 11 of the Law on Attorneyship No. 1136, on the grounds of having held a teaching position in primary education that was not combined with a lawyer or a lawyer internship;

1. A) Those whose names were deleted from the bar association directory pursuant to subparagraph (b) of Article 72 of the same Law because their internship was not considered valid, those whose requests for enrollment in the bar association were rejected for the same reason despite having received an internship completion certificate, those whose bar association board decisions regarding their enrollment in the directory were not approved by the Ministry of Justice, or those who were not enrolled in the bar association directory, may be enrolled in the bar association directory and practice law if they apply, provided that they have no other impediments.
2. B) Those whose names have been deleted from the internship list will be re-entered on the internship list if they apply within three months of the publication date of this Law, provided they have no other impediments, and they will continue their internships, with the internships they completed prior to the deletion decision considered valid. Those whose names should be deleted from the internship list will not be deleted unless they have other impediments.

Prior to the effective date of this Law, those whose names were deleted from the bar association directory pursuant to Article 72, subparagraph (b), of Law No. 1136 on Attorneyship, due to their internships being deemed invalid due to their involvement in other activities incompatible with attorneyship or legal internships, and those whose requests for enrollment in the bar association were rejected for the same reason despite having received an internship completion certificate, those whose bar association board decisions regarding their enrollment in the bar association were not approved by the Ministry of Justice, or those who were not enrolled in the bar association directory, may be enrolled in the bar association directory upon application, provided that they have resigned from their incompatible employment and have no other impediments. Those who are enrolled in the bar association directory after completing their internship in this manner will not have their registrations deleted, provided that they are not engaged in any activities incompatible with attorneyships and have no other impediments. Those whose names were deleted from the internship list will be re-entered on the internship list if they resign from their work not related to the practice of law and have no other impediments. If they apply within three months of the date of publication of this Law, they will continue their internships, with the internships they completed prior to the deletion decision considered valid. Those whose names should be deleted from the internship list will not be deleted if they have no other impediments.

Regarding those who were or were still doing their legal internships while they were engaged in a job incompatible with being a lawyer before the date of entry into force of this Law:

1. a) No criminal prosecution will be initiated.
2. b) Proceedings that have already been initiated are suspended.

The sentences imposed were pardoned, including the consequences of criminal convictions.

In this way, the provisions of the Lawyers’ Law regarding not being accepted to practice law, their licenses being revoked and their names being deleted from the register, and their names being removed from the register, shall not be applied to lawyers and trainees whose sentences have been pardoned with all their consequences, based on these convictions.

Temporary Article 2 – The first general assembly meeting of the bar association to be held after the date of entry into force of this Law shall be held within the first week of October of the second year following the publication of the Law.

Temporary Article 3 – Those who were members of the bar association disciplinary board and the bar association and Union Audit Board on the date this Law comes into force shall continue their duties until the first general assembly meeting at which the board of directors elections will be held after the date this Law comes into force.

Temporary Article 4 – Those who graduated from the School or Faculty of Political Sciences before the entry into force of this Law and passed the exam at the Faculty of Law for the remaining courses will be considered as graduates of the Faculty of Law in the implementation of this Law.

2 – Temporary articles of Law No. 4667 dated 2/5/2001:

Temporary Article 1 – (Repealed first paragraph: 28/11/2006-5558/1 art.)

Those whose names were deleted from the bar association directory pursuant to Article 72, subparagraph (b), of the Attorneyship Law No. 1136, prior to the effective date of this article, due to their internship being deemed invalid due to their involvement in other activities incompatible with attorneyship or legal internships, those whose requests for enrollment in the bar association were rejected for the same reason despite having received an internship completion certificate, those whose bar association board decisions regarding their enrollment in the bar association were not approved by the Ministry of Justice, or those who were not enrolled in the bar association directory, may be enrolled in the bar association directory upon application, provided that they have resigned from their incompatible employment and that they have no other impediments. Those who are enrolled in the bar association directory after completing their internship in this manner will not have their registrations deleted, provided that they are not engaged in any activities incompatible with attorneyships and that they have no other impediments. Those whose names were deleted from the internship list may be re-entered on the internship list upon application within three months of the date of publication of this Law, provided they have resigned from their employment not related to the practice of law and have no other impediments. The internships completed prior to the deletion decision will be considered valid and they will continue their internships. Those whose names should be deleted from the internship list will not be deleted unless they have other impediments.

Regarding those who were or were still doing their legal internships while they were engaged in a job incompatible with being a lawyer before the date this Law came into force;

1. a) No criminal prosecution will be initiated,
2. b) Proceedings that have already been initiated are suspended.

The sentences imposed were pardoned, including the consequences of criminal convictions.

In this way, the provisions of the Lawyers’ Law regarding not being accepted to practice law, their licenses being revoked and their names being deleted from the register, and their names being removed from the register, shall not be applied to lawyers and trainees whose sentences have been pardoned with all their consequences, based on these convictions.

Temporary Article 2 – The provision of the first paragraph of Article 77, as amended by this Law, shall not apply to bar associations established on the date this Law comes into force.

Temporary Article 3 – Regulations to be drawn up pursuant to this Law shall be issued within six months from the date of entry into force of the Law.

LIST SHOWING THE ENFORCEMENT DATE OF THE LAW-DEcree AMENDING AND ADDING TO LAW NO. 1136