Frequently Asked Questions
Following the consultations and planning sessions, you must sign a “Legal Services Agreement” with us in order to take advantage of the services provided by an attorney and before the attorney begins handling your case. Afterward, if necessary, you must have a power of attorney drawn up by a notary. When you go to the notary to have the power of attorney drawn up at your attorney’s request, simply provide the notary with the power of attorney details your attorney will give you.
Pursuant to the Lawyers’ Act, you are required to pay a fee based on the services provided to you by your attorney. The minimum fee payable for the services rendered is determined by the “Minimum Attorney Fee Schedule” published annually in the Official Gazette. Performing work for amounts below those specified in the schedule constitutes a disciplinary offense for the attorney.The “RecommendedSchedule of Attorney Fees” published by the Muğla Bar Association, on the other hand, contains recommended fees and services for attorneys registered with the Muğla Bar Association.
No. In our legal system, the written procedure is the norm. In other words, the statements and expressions contained in pleadings carry much greater weight than those made during oral proceedings. It is far more effective for an attorney to present their defense and arguments in writing through pleadings than to state them orally during a hearing. Considering the judges’ caseload as well, oral statements are far less memorable than written ones. During the hearing, any matters not included in the written submission should be raised, and any questions the judge may have should be answered. For this reason, it is essential that all matters be set forth in a clear, concise, and orderly manner in writing and submitted to the case file and the presiding judge.
In law, the judge is the final authority. Rulings issued in your favor or against you in a lower court may be reviewed by higher courts, provided certain conditions are met. However, when we consider that those who render these decisions are “human” and can make mistakes, there can never be absolute certainty. For this reason, we never use a word like “certain” to make a promise to our clients. To do otherwise would be unethical. We would be selling false hope. The only commitment we can make to our clients is that we will handle your case or matter to the best of our ability, with the utmost diligence and effort. However, based on the information you provide, we can still offer you our assessment of the case’s progress and the likely outcome of the decision.
Yes, you can. However, the law is a very complex and nuanced field. Seeking professional help saves both time and money. Being proven right and actually being right are two different things. Let me answer this with a proverb: “Going to Dimyat for rice and losing the bulgur at home.” You may be undeniably right regarding the points you’ve raised. However, even a single sentence—or even a single word—in your petition could prevent you from “being proven right.”
It is not possible to specify in advance how long the process of filing a lawsuit or the trial itself will take. The duration of a case may vary depending on factors such as where and in which court it will be heard, the type of proceedings, the court’s caseload, the adequacy of staff at the relevant courthouse, and so on. Moreover, if a case is heard in a higher court, the proceedings may take even longer. Ultimately, it is neither ethical nor accurate to specify a precise timeframe. However, I believe it is helpful to provide the following information: To ensure the case is resolved promptly, procedural errors must be avoided during the trial, and the case must be closely monitored on an ongoing basis.
Litigation costs include the court filing fee payable upon filing the lawsuit, trial expenses, and, in cases handled by an attorney, attorney’s fees.
Court filing fees increase annually. This is stipulated in the relevant legislation. Costs related to service of process, as well as fees for evidence-gathering measures such as site inspections, expert opinions, and witness testimony, constitute litigation expenses.
The court decides at the conclusion of the case who is responsible for paying the litigation costs. However, the plaintiff must initially deposit these costs for the case to proceed.
Lawsuits must be filed in the courts that have jurisdiction and are competent to hear the case. The competent and authorized court may vary depending on the nature of the case and the subject matter of the dispute; failure to correctly determine jurisdiction and competence may result in the dismissal of the case and could prolong the proceedings. To avoid any errors regarding jurisdiction or competence that could prolong the proceedings or lead to a loss of rights, I recommend consulting an attorney before filing a lawsuit.
Once the case is concluded, the court fees and expenses you paid when filing the lawsuit will be apportioned based on the outcome of the court’s decision regarding the merits of your case. If your case is fully upheld, you have the right to recover the full amount of the court fees you paid from the opposing party.
If a civil lawsuit is to be filed, the complaint submitted to the court must include the elements specified in Article 119 of the Code of Civil Procedure No. 6100.
These include the name of the court,
the first and last names and addresses of the plaintiff and defendant,
the plaintiff’s Turkish ID number,
if applicable, the information regarding the parties’ legal representatives or attorneys,
the subject matter of the lawsuit and, if applicable, the value of the claim,
clear summaries of all facts upon which the plaintiff relies, listed in sequential order,
the evidence to be used to prove each alleged fact,
the legal grounds relied upon,
a clearly stated conclusion of the claim, and the signature of the plaintiff or, if applicable, their legal representative or attorney—all of which must be included to complete the preparation of the complaint. However, it is worth noting that:“The complaint is the foundation of the case.”Therefore, any incomplete or erroneous statement you make may result in a loss of rights if it is interpreted against you in a legal dispute where you are otherwise clearly in the right. For this reason, I recommend that you handle these matters in consultation with an attorney.
The existence of grounds for eviction as set forth in the Turkish Code of Obligations No. 6098 must be established. The tenant’s eviction is possible only if one of the grounds specified in the law exists. It is not possible to evict the tenant through the courts without a valid ground or without following the proper procedures for the grounds for eviction set forth in the law. After discussing your lease agreement and the grounds for eviction with an attorney, you can determine an appropriate strategy and request that the court initiate the eviction proceedings in accordance with the proper procedures. However, since the law imposes strict rules and requirements regarding both the pre-trial and trial phases of tenant eviction, it is essential to seek legal assistance from an attorney specializing in this field.
If the rent remains unpaid within the timeframe specified in the lease agreement, the tenant is deemed to be in default, and a notice is sent to the tenant in default requiring them to pay the rent; otherwise, they will be evicted at the landlord’s request. It is essential that the notice meet the conditions required by law and specify the statute of limitations set forth in the law. If the rent is not paid within this period granted to the tenant, the landlord may file a lawsuit to have the tenant evicted. If the tenant pays the rent within this period, however, the landlord must wait for the conditions for an eviction lawsuit to be met based on two valid notices regarding late payment of rent within a single rental period. Once these conditions are met, the landlord may file an eviction lawsuit based on the two valid notices and, provided the other conditions are also met, have the tenant evicted.
There is never a superior-subordinate relationship between judges, prosecutors, and attorneys. Prosecutors and attorneys have equal rights during a trial. The judge, meanwhile, is the one who renders the decision in the trial without any superior-subordinate relationship. Judges, prosecutors, and attorneys have all graduated from the same law schools.
It begins once you have completed one year of service at your workplace. According to Article 53 of the relevant law, employees are granted paid leave as follows: fourteen days for those with one to five years of service (including five years); twenty days for those with more than five but less than fifteen years of service; and twenty-six days for those with fifteen years or more of service (including fifteen years).
You become eligible for severance pay in the event of unjustified termination by the employer or justified termination by the employee once you have completed one full year of service at the workplace.
No, but it is recommended that it be in writing for the sake of ease of proof.
However, it is possible if there are valid reasons specified in the law. The law lists nine such reasons. But it should not be forgotten that every rule has an exception.
If the commitment is valid and was made in accordance with proper procedure, an eviction order may be issued based on it. It would not be appropriate to comment without reviewing the case. Depending on the circumstances, the tenant may be able to take action to have the commitment rescinded.
No, it's not always necessary, but it's often a strong step to take before filing a lawsuit. It's recommended in most cases.
Yes. Enforcement proceedings are initiated immediately, and the payment order is served on the debtor afterward. However, methods of reaching an amicable settlement should definitely be explored. A significant number of those who have approached our office have recovered their claims through a meeting between the attorney and the debtor before enforcement proceedings were initiated.
Yes, if the conditions are met. The loss of your earning capacity will be determined, and you will be entitled to appropriate financial and non-financial compensation based on your degree of fault in the incident.
If the conditions are met, yes. Depending on the determination of your loss of earning capacity and your degree of fault in the traffic accident, you are entitled to receive appropriate financial and non-financial compensation from the insurance company and the other party.
Establishing a personal relationship with the child does not depend on whether or not the court-ordered child support is paid. This is a legal right and cannot be denied. The fact that a spouse has not paid child support does not prevent them from seeing the child.
The government has launched the https://vatandas.uyap.gov.tr service to enable citizens to actively track their cases. However, an ongoing case proceeds through constant and uninterrupted communication between the attorney and the client. Your attorney will share with you every detail you need to know, as well as the outcome of the case.
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