ATTORNEYSHIP LAW

PART ONE

Attorneyship And The Attorney

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Nature of attorneyship

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

<Amended as per Article 4667/1 dated 2 May 2001> The attorney freely represents the independent defense which is one of the constituents of the judiciary. 

Purpose of attorneyship

Article 2 – <First paragraph amended as per Article 4667/2 dated 2 May 2001>  The purpose of attorneyship is to ensure with juridical bodies at every level, arbitrators, public and private entities, boards and agencies the arrangement of legal relations, the just and fair settlement of all kinds of legal issues and disputes, and the full implementation of legal rules. ­­­­­­­

The attorney places his/her legal knowledge and expertise in the service of justice and at the disposal of individuals for this purpose.

<Amended as per Article 4667/2 dated 2 May 2001>  Juridical bodies, police departments, other public institutions and agencies, state economic enterprises, private and public banks, notaries public, insurance companies and foundations are under the obligation to assist attorneys in carrying out their duties. These entities are obligated to submit to attorneys for their review the information and documents they require, except for the particular provisions in the statutes of the former. Getting copies of such documents is subject to the presentation of a power of attorney. In cases pending, warrants may be received from the court without waiting until the date of hearing.

PART TWO

Admission Into The Profession Of Attorney

Conditions for admission

Article 3 – <Amended as per Article 2178/1 dated 30 January 1979>

The conditions below shall be met for admission into the profession of attorney:

a) Being a citizen of the Republic of Turkey.

b) Being a graduate of one of the Turkish faculties of law; or being a graduate of a faculty of law in a foreign country and having passed examinations in the extra courses in the curriculum of Turkish faculties of law.

c) Having received an apprenticeship completion certificate after having served apprenticeship.

d) <Supplementary provision as per Article 4667/3 dated 2 May 2001> Having passed the attorneyship examination.[1]

e) Having a legal domicile in the jurisdictional area of the bar association in the directory of which registration is sought.

f) Not being in a status unfit for attorneyship as per the present law.[2]

Exceptions

Article 4 – <Amended as per Article 4667/4 dated 2 May 2001>

The conditions set forth in Article 3, Subparagraphs c and d shall be waived for those who have served for four years in the posts of judge and prosecutor in civil, administrative, and military branches of the judiciary, rapporteur at the Constitutional Court; member in the Council of State, and professor, associate professor, and assistant professor of courses of jurisprudence in faculties subordinate to universities; and ten years in the posts of legal advisor with government agencies.

Of Turkish citizens and individuals who have acquired Turkish citizenship, those who have graduated from foreign faculties of law and have served as judge, prosecutor, or attorney at all levels of courts where they came from for four years and those who have taken up attorneyship as a profession shall be exempt from the conditions set forth in Article 3, Subparagraphs c and d provided that they have passed examinations administered as per relevant procedures in the extra courses in the curriculum of Turkish faculties of law as stated in Article 3, Subparagraph b and that their proficiency in the Turkish language has been established by passing a language examination.

For registration in the bar association, those identified in the first and second paragraphs shall be required to furnish an uncertified copy of a synopsis of their professional records in addition to the documents indicated in Article 17, Subparagraphs 1 and 2.

Impediments to admission into attorneyship

Article 5 – The request for admission into attorneyship shall be denied in the presence of any one of the circumstances below:

a) <Amended as per Article 4667/5 dated 2 May 2001> Having been definitively sentenced to imprisonment in excess of two years with the exception of crimes of negligence or heavy imprisonment in excess of one year or having been convicted of one of the infamous crimes such as simple and aggravated embezzlement, malversation, bribery, theft, swindling, fraud, betrayal of confidence and fraudulent bankruptcy as well as smuggling, with the exception of smuggling for the purpose of use and consumption, and bid rigging.

b) <Amended as per Article 3256/2 dated 22 January 1986> Having forfeited one’s eligibility for the posts of judge, public servant or attorney as a result of a disciplinary sentence that has become final.

c) Having an unsavory reputation for misconduct not becoming a member of the profession of attorneyship.

d) Being engaged in occupations not compatible with the profession of attorneyship.

e) Having been declared incompetent by a court. 

f) Not having one’s credit restored after bankruptcy (Those convicted of negligent and fraudulent bankruptcy shall not be admitted even if their credit has been restored).

g) Not having had a formerly issued certificate of insolvency rescinded.

h) Having a bodily or mental handicap hindering one from practicing attorneyship permanently in an appropriate manner.

<Amended as per Article 4667/5 dated 2 May 2001)> Those who have been convicted of one of the infamous crimes enumerated in Subparagraph a of the first paragraph shall not be admitted into attorneyship even if their sentences have been deferred, commuted to a fine, or pardoned.

<Amended as per Article 3256/2 dated 22 January 1986)> The decision regarding a candidate’s request for admission into attorneyship may be suspended pending the completion of a prosecution in the event that one has been initiated against him/her for an offense punishable by one of the penalties stated in Subparagraph a of the first paragraph.

However, the request shall be decided upon without waiting for the conclusion of the prosecution in instances where the request should be denied regardless of the outcome.
Request for registration in the bar association

Article 6 – <Amended as per Article 4667/6 dated 2 May 2001>

Those who have passed the attorneyship examination or those satisfying the conditions in Article 4 may request in writing to be registered in the directory of the bar association to which they have applied.

Decision

Article 7 – The board of directors of the bar association is under the obligation to make a reasoned decision within one month of the date of delivery of the written request for registration in the bar association.

Should a decision not be made during this period, the candidate’s request for admission shall be considered as having been denied. In such a case, the candidate shall be at liberty to file an objection with the Union of Bar Associations of Turkey within fifteen days as of the expiration of the one-month period. The terms of Article 8 shall be applied by analogy in the event of an objection.

Objection to denial of request or to decision to wait until the completion of prosecution

Article 8 – Should the board of directors of the bar association deny the request for admission into attorneyship or decide to wait until the completion of the prosecution, it will indicate the reason in its decision.

The candidate may object to this decision within fifteen days as of the date of notice by petitioning the Union of Bar Associations of Turkey through the bar association that made the decision. The bar association concerned will give the candidate a document certifying the date of objection. No taxes, duties, or charges will be levied for this document.

The Union of Bar Associations of Turkey will accept or reject the objection after examining the file. The objection shall be considered as having been rejected if a decision is not made by the Union of Bar Associations of Turkey within one month as of the date of objection.

<Amended as per Article 4667/7 dated 2 May 2001> The decisions of the boards of directors of bar associations regarding the registration of candidates in their directories will be forwarded to the Union of Bar Associations of Turkey within fifteen days as of the date of decision. The Union of Bar Associations of Turkey will make its own decisions as to the appropriateness of the bar associations’ decisions and the sustenance or overruling of the objections within one month of receiving them; and will submit its own decisions to the Ministry of Justice within one month as of the date they were made. These decisions will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey.

The decisions of the boards of directors of bar associations regarding the rejection of a request for admission into attorneyship or waiting until the completion of prosecution will become final if not objected to within the period allowed.

<Amended as per Article 4667/7 dated 2 May 2001> Suits may be filed with administrative tribunals by the Union of Bar Associations of Turkey, the candidate, and the bar association concerned against the decisions made by the Ministry of Justice in accordance with the fourth paragraph; and by the Ministry of Justice, the candidate, and the bar association concerned against the decisions made by the Union of Bar Associations of Turkey after reconsideration of the decisions found inappropriate and returned by the Ministry of Justice.

The bar associations are under the obligation to implement immediately the decisions that have become final.

License of attorneyship and oath

Article 9 – A candidate admitted into the profession of attorneyship will be issued a license by the bar association concerned.

Admission into attorneyship will become effective from the moment the license is issued.

Once admitted into attorneyship in this manner, the candidate becomes entitled to use the title of “attorney”, which is communicated to the Union of Bar Associations of Turkey.

<Amended as per Article 4667/8 dated 2 May 2001> Licenses and identification cards of attorneys are printed by the Union of Bar Associations of Turkey in a standard format. The attorney identification card bears the nature of an official document.

When being issued his/her license, an attorney admitted into the profession is made to take the following oath before the board of directors of his/her bar association:

<Amended as per Article 4667/8 dated 2 May 2001> “I swear on my honor and conscience to abide by the law, the principles of morality, and the rules of this profession; and to uphold its respectability.”

That the attorney was made to take an oath will be noted in a memorandum and kept in his/her file together with the wording of the oath. The memorandum will be signed by the attorney taking the oath as well as the members of the board of directors of the bar association.

Notification of the decision of rejection

Article 10 – Once the decision becomes final regarding the rejection of the request of a candidate for admission into the profession of attorneyship or regarding waiting until the completion of an ongoing prosecution, the bar association concerned will pass on the candidate’s name to the other bar associations and the Union of Bar Associations of Turkey. This done, no bar association will be allowed to register that candidate in its directory unless the reasons for the rejection or the wait cease to exist.

PART THREE

Instances of Prohibition

Activities incompatible with attorneyship

Article 11 – Services and duties rendered in exchange for payments such as a monthly salary, a fee, a daily wage, or dues; working as an insurance agent, a merchant, or a tradesman; and all activities not agreeing with the respectability of the profession are incompatible with attorneyship[3].

Activities compatible with attorneyship

Article 12 – <Amended as per Article 3256/3 dated 22 January 1986>

The activities listed below fall outside the scope of Article 11:

a)     Membership in parliament, a provincial general assembly, or a municipal assembly.

b)      <Amended as per Article 4667/9 dated 2 May 2001> Professorship and associate professorship in the field of law[4].

c)      Legal consultancy and permanent attorneyship with legal entities under private law, and salaried attorneyship in a law office.

d)     Arbitratorship, liduidatorship, or any duty or service assigned by or being rendered for judicial bodies or a judicial office.

e)     Position of president or member of the board of directors or auditor with state economic enterprises, public economic organisations and their affiliates, joint ventures and subsidiaries falling under the scope of Decree-Law, number 233, on State Economic Enterprises; as well as corporations other than state economic enterprises and public economic organisations whose capital is owned by the State or other legal entities, provided that engaging in another occupation or service is not prohibited as per the aforementioned Decree-Law.

f)        Partnership, board chairmanship, board membership, and auditorship in joint stock corporations, limited companies, and cooperative companies; and partnership in commandite.

g)      Board chairmanship, board membership, and auditorship in charitable, scientific, and political organizations.

h)      Publishership of a newspaper or a periodical publication or editorship of same.

The provisions of Law number 3069 on Activities Incompatible with Membership in the Grand National Assembly of Turkey are reserved as far as members of parliament are concerned.

<Amended as per Article 4667/9 dated 2 May 2001> Those indicated in Subparagraph e are prohibited from conducting court action against the Treasury, municipalities and provincial special administrations, agencies and organizations under the management and supervision of provincial and municipal administrations, village legal entities, and companies and organizations with publicly owned stock. Likewise, provincial general assembly and municipal assembly members are prohibited from conducting court action against the legal entities they are associated with; and professors and associate professors in higher education are prohibited from conducting court action against institutions and organizations of higher education.

This prohibition also covers the partners of the attorneys concerned and the attorneys they employ.

Legal consultants and attorneys holding a post of employment in and receiving a regular salary or fee from the budget of the State, a province, or a municipality; or from agencies, organizations or companies under the management and supervision of the State, a province, or a municipality may practice attorneyship only in the affairs of these agencies, organizations or companies.

The attorney’s relation of kinship or marriage with a judge or prosecutor

Article 13 – An attorney who is the spouse of a judge or a public prosecutor, or a legal or sanguinary ascendant or descendant, or a relative up to the second degree (included) may not practice attorneyship in lawsuits and legal action conducted by that judge or public prosecutor.

Prohibition from practicing attorneyship after termination of certain duties

Article 14 – <Amended as per Article 2178/4 dated 30 January 1979>

Civil, administrative, and military judges and prosecutors who have left their posts for such reasons as retirement or resignation are prohibited for two years as of the date of termination of their duties from practicing attorneyship in the jurisdictional area of the courts or offices where they served during the last five years.

The above provision will be applied also to members of the Constitutional Court and judges of the Appeal Courts.

<Amended as per Article 3256/4 dated 22 January 1986> Those employed by the State, a municipality, a provincial special administration, and the state economic enterprises, public economic organizations, and their affiliates, joint ventures and subsidiaries falling under the scope of the Decree-Law, number 233, on State Economic Enterprises may not take cases and conduct court action against their former employer within a period of two years following their departure.

<Amended as per Article 2442/1 dated 1 April 1981> The Chairperson of the Supreme Court of Military Appeals, the Chief Military Appeals Prosecutor, the Deputy Chairperson, department chiefs and members, the Chief of the Department of Military Justice Affairs at the Ministry of Defense of Turkey, the Chairperson of the Board of Inspectors of Military Justice, the Legal Consultant to the Turkish General Staff, martial law legal consultants, and the judges, prosecutors, and their deputies assigned to martial law military courts may not practice attorneyship in martial law military courts for three years after the termination of their duties even if they have been reassigned to other posts.

PART FOUR

Apprenticeship

General

Article 15 – <Amended as per Article 2178/4 dated 30 January 1979>

The duration of attorney apprenticeship is one year. The first six months are served in courts and the remaining six months with an attorney with a minimum of five years in the profession (this five-year period is calculated by including the time spent in the services mentioned in Article 4 of this Law.)

The courts and judicial offices where apprenticeship will be served and the manner how will be specified in the relevant regulations.

Qualifications required

Article 16 – <Amended as per Article 4667/11 dated 2 May 2001>

Of those having the qualifications stated in Article 3, Subparagraphs a, b, and f, the ones who do not have other engagements to keep them from serving an uninterrupted apprenticeship and are not impeded by the circumstances mentioned in Article 5 will apply in writing to the bar association where they will serve their apprenticeship.

Documents to be enclosed with the letter of application

Article 17 – The following documents will be enclosed with the letter of application to be submitted as per Article 16:

1. The originals and two certified copies each of the documents pertaining to the qualifications required by this Law.

2. A personal statement that the candidate is free of the circumstances mentioned in Article 3, Subparagraph f[5] and Article 5, Subparagraph a.

3. Written consent of the attorney with whom apprenticeship will be served.

4. A testimonial drawn up by two attorneys enrolled with the bar association concerned describing the candidate’s moral character.

One copy each of these documents will be certified by the president of the bar association and forwarded to the Union of Bar Associations of Turkey. The other copy and the original will be kept in the candidate’s file in the bar association concerned. The written consent of the attorney with whom apprenticeship will be served will not be sought in cases described in Article 22, Subparagraphs 2 and 3.

<Added as per Article 3256/5 dated 22 January 1986> The candidate requesting apprenticeship will be adjudged a penalty as per Article 528 of the Turkish Criminal Code if the personal statement submitted by him/her is discovered to be false.

Announcement of the request

Article 18 – The candidate’s request will be announced within ten days of the date of request by being posted, together with the enclosures listed in the preceding Article, where suitable in the premises of the bar association or the judicial office for fifteen days.

Any attorney or apprentice or other parties may raise objections to the inclusion of the candidate in the apprentice roster. However, clear evidence or occurrences should be demonstrated in order that the objection be taken into consideration.

Report

Article 19 – Before the request is announced, the president of the bar association will task one of the lawyers enrolled with the bar association with preparing a report by investigating whether the candidate possesses the required qualifications and whether he/she is engaged in any activities incompatible with attorneyship.

The attorney thus tasked will be under the obligation to submit the report to the bar association within fifteen days at the latest.

Decision

Article 20 – Taking into account the report mentioned in Article 19, the board of directors of the bar association will make a decision with a rationale within one month as of the expiration of the objection period as to whether the candidate should be put in the apprentice roster. While the decision is communicated to the candidate, a copy is submitted to the local public prosecutor for review together with the candidate’s personal file.

The members of the board of directors of the bar association may object to the decision within fifteen days as of the date of decision, the local public prosecutor as of the date of his/her receipt of the decision, and the candidate as of the date the decision was communicated to him/her.

The absence of a decision within the period mentioned in the first paragraph will mean that the request has been denied in which case the candidate may submit an objection to the Union of Bar Associations of Turkey within fifteen days as of the expiration of the one-month period.

<Amended as per Article 4667/12 dated 2 May 2001> The decisions made by the Union of Bar Associations of Turkey regarding the objections will become final if no decision is made by the Ministry of Justice within two months as of the date of receipt of the Union decisions by that Ministry or if the Union decisions are approved by the Ministry. However, the Ministry of Justice will return to the Union of Bar Associations of Turkey for reconsideration the decisions it does not find appropriate together with the reasons for returning. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey.

<Amended as per Article 4667/12 dated 2 May 2001> Suits may be filed with administrative tribunals by the Union of Bar Associations of Turkey, the candidate, and the bar association concerned against the decisions made by the Ministry of Justice in accordance with the preceding paragraph; and by the Ministry of Justice, the candidate, and the bar association concerned against the decisions made by the Union of Bar Associations of Turkey after reconsideration of the decisions found inappropriate and returned by the Ministry of Justice.

Commencement of apprenticeship

Article 21 – The attorney apprenticeship commences with the inclusion of the candidate in the apprentice roster. Objections will halt the inclusion process.

Attorney with whom apprenticeship will be served

Article 22 – Candidates approved by the local public prosecutor and recommended to the bar association to commence apprenticeship with an attorney will start working with the attorney indicated in their application as having already
accepted them.

Upon the request of the president of the bar association or the application of parties concerned, the board of directors of the bar association may decide to have an apprenticeship served with an attorney other than the one indicated in the candidate’s application.

The president of the bar association will determine the attorneys with whom candidates who were unable to obtain the document mentioned in Article 17, Subparagraph 3 will serve their apprenticeship.

An attorney is under the obligation to accept a candidate assigned to serve apprenticeship with him/her as per the circumstances described in the second and third paragraphs above.

Serving the apprenticeship and the duties of the apprentice

Article 23 – <Amended as per Article 4667/13 dated 2 May 2001>

Apprenticeship is served without interruption. The days of absence with a valid excuse will be authorized to be served to completion by a decision of the judicial committee for apprenticeship in courts, and of the board of directors of the bar association for apprenticeship with an attorney, provided that such a request is made by the candidate within one month after the ending of the excuse. In the presence of a valid excuse, the chairperson of the judicial committee or the president of the bar association, depending on where apprenticeship is being served, may grant the candidate a leave of absence not to exceed thirty days by receiving also the opinion of the attorney with whom the apprenticeship is being served.

The apprentice is under the obligation to attend hearings together with the attorney, to conduct the attorney’s business with courts and administrative offices, to manage lawsuit files and correspondence, to participate in training activities organized by the bar association, and to perform other tasks assigned by the board of directors of the bar association and to be designated in regulations[6]. Apprentices have to abide by the rules of the profession and the principles set forth in regulations.

Apprenticeship reports

Article 24 – <Amended as per Article 2178/5 dated 30 January 1979>

Apprenticeship will be served under the supervision of the judicial committee, the bar association, and the host attorney.

The judges and public prosecutors with whom the apprentice serves will issue a report evaluating his/her performance as an apprentice, professional interest, and moral character.

The host attorney will issue a report at the end of the first three months and a final one at the completion of the apprenticeship period evaluating the performance of the apprentice, his/her professional interest, and moral character.

Extension of the duration of apprenticeship

Article 25 – <Amended as per Article 4667/14 dated 2 May 2001>

After studying the reports issued about the apprentice and, if necessary, taking into consideration the outcome of a review to be conducted by a designated board member, the board of directors of the bar association may decide to issue an apprenticeship completion certificate or to extend the duration of the apprenticeship by up to six months.

This decision of the board of directors is final.

Tasks that apprentices may perform[7]

Article 26 – <Amended as per Article 4667/15 dated 2 May 2001>

After starting apprenticeship with an attorney, apprentices may, with the written consent and under the supervision and responsibility of the latter, attend hearings concerning the court actions and other business being conducted by their host attorney in civil courts of peace, criminal courts of peace, and enforcement courts as well as conduct business at enforcement offices.

This power will terminate with the issuance of the apprenticeship completion certificate or deletion from the apprentice roster.

Bar associations’ aid to apprentices

Article 27 – <Amended as per Article 4667/16 dated 2 May 2001>

The Union of Bar Associations of Turkey will loan money to apprentices throughout the duration of apprenticeship.

The source of the loans to be paid is the cost of the revenue stamps attorneys will affix to the powers of attorney to be presented to authorities concerned and the money coming in from repayments and their revenues. The revenue stamps are printed by the Union of Bar Associations of Turkey. The nominal value of the revenue stamps to be affixed is equal to the value in the tariffs used for the sample powers of attorney in the chapter on Judicial Fees of the Law of Charges Number 492 dated 2 July 1964.

Authorities to whom attorneys present powers of attorney may not accept powers of attorney not bearing any revenue stamps or those bearing less than the specified amounts. Where necessary, the person submitting the power of attorney will be granted ten days during which to complete the outstanding amount of revenue stamps. The power of attorney will not be pocessed unless the outstanding amount is completed within this period.

Any amount remaining after the payment of credit to apprentices will be spent for supporting colleagues and promoting the profession.

The policy of this credit and the conditions for entitlement, the definition of the beneficiaries, the manner of repayment, the principles for dividing between bar associations and the Union of Bar Associations of Turkey, and spending, the money coming in from repayments and the amount remaining after credit payments, and other points will be stipulated in the regulations[8] to be prepared by the Board of Directors of the Union of Bar Associations of Turkey and to be approved by the Ministry of Justice.

The division and expenditure of the cost of the revenue stamps, the money coming in from credit repayments and their revenues, and the amount remaining after credit payments will be audited annually by the Ministry of Justice in accordance with the terms and procedures set forth in Supplemetary Article 4.

PART FIVE

Attorneyship Examination

Examination

Article 28 – <Abolished as per Article 2178/8 dated 30 January 1979 – Amended as per Article 4667/17 dated 2 May 2001>

The attorneyship examination is commissioned to the Student Selection and Placement Center (ÖSYM) by the Union of Bar Associations of Turkey. Those who have not received an apprenticeship completion certificate will not be allowed to take the examination.

Eligibility for the examination

Article 29 – <Abolished as per Article 2178/8 dated 30 January 1979 – Amended as per Article 4667/18 dated 2 May 2001>

Those who are eligible for the examination will be issued an examination application form by the board of directors of the bar association in whose apprentice roster they are registered. A list of apprentices thus issued application forms will be submitted to the Union of Bar Associations of Turkey.

An apprentice who has failed six times in the attorneyship examination will not be allowed to take the examination again.

Circumstances where a valid excuse is recognized by the Union of Bar Associations of Turkey notwithstanding, apprentices will have four years to use all of their chances to take the examination as of the date the apprenticeship completion certificate was issued.

The nature and topics of the examination

Article 30 – <Abolished as per Article 2178/8 dated 30 January 1979 – Amended as per Article 4667/19 dated 2 May 2001>

The purpose of the attorneyship examination is to evaluate the apprentices’ knowledge of professional rules and their proficiency in applying legal principles and jurisprudence to cases.

The examination is given twice a year. The examination dates are determined by dividing the year into two equal parts to the extent possible.

The determination and announcement of examination dates, the examination topics, passing grade, expenditures etc. will be indicated in regulations[9] to be promulgated by the Union of Bar Associations of Turkey.

Examination results

Article 31 – <Abolished as per Article 2178/8 dated 30 January 1979 – Amended as per Article 4667/20 dated 2 May 2001>

Examination results will be communicated to the Union of Bar Associations of Turkey, the respective bar associations of the apprentices, and the apprentices themselves by the Student Selection and Placement Center (ÖSYM).

Articles 32-33 – <Abolished as per Article 2178/8 dated 30 January 1979>

PART SIX

The Rights And Duties Of The Attorney

General

Article 34 – <Amended as per Article 4667/21 dated 2 May 2001>

Attorneys are under the obligation to carry out the duties they assume with care, accuracy, and integrity in a manner becoming the sacredness of their profession; to comport themselves in a manner suitable to the respect and trust the profession requires; and the comply with the professional rules set by the Union of Bar Associations of Turkey.

Work exclusive to attorneys

Article 35 – <Amended as per Article 1238/1 dated 26 February 1970>

Providing opinion in legal matters; litigating and defending the rights of real persons and legal entities before courts, arbitrators, and other bodies invested with jurisdictional powers; and managing all documentation associated therewith are the sole prerogative of attorneys enrolled with bar associations.

Attorneys enrolled with bar associations may conduct all types of action with public offices other than those mentioned in the first paragraph.

Every person with the capacity to sue may prepare the documents for his/her own lawsuit, file suit in person, and conduct his/her own business in courts. <Supplementary provisions: Article 4667/22 dated 2 May 2001> However, joint stock companies with an original capital five times the amount of original capital stipulated in Article 272 of the Turkish Commercial Code, Number 6762 dated 29 June 1956, or more; and building cooperatives with one hundred or more members are required to retain a lawyer under contract. Organizations failing to comply with the provisions of this paragraph will be penalized by the highest ranking local government officer with a fine in the gross amount of one month’s minimum wage, effective for workers in the industrial sector older than sixteen years of age on the date of the crime, for each month spent without a lawyer under contract. The fine penalties will be communicated to those concerned in accordance with the provisions of the Service of Process Law. These penalties may be objected to with the criminal court of peace having jurisdiction within a maximum of seven days as of the date of notification. The decision made concerning the objection will be final. The fines are collected as per Law number 6183 dated 21 July 1953 on the Procedure of Collecting Money Owed to the State and marked as revenue to the treasury of the Republic of Turkey[10].

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

Seeking conciliation

Article 35/A – <Amended as per Article 4667/23 dated 2 May 2001>

In actions and cases that have been entrusted to them, attorneys, together with their clients, may invite the other party to conciliation before a suit has been filed or before hearings have commenced for an already filed suit, provided that such conciliation pertains exclusively to matters that the parties may elicit of their own will. If the other party takes up the invitation and conciliation is reached, the subject of the conciliation, its place and date, and the actions that each party will  carry out are laid out in a memorandum and signed jointly by the attorneys and the clients. Such memoranda are in the nature of a court decision in the sense of Article 38 of the Enforcement and Bankruptcy Law, number 2004, dated 9 June 1932.

Keeping information confidential

Article 36 – Attorneys are prohibited from disclosing information that has been entrusted to them or that they come upon in the course of performing their duties both as an attorney and as members of the Union of Bar Associations of Turkey and various bodies of bar associations.

Attorneys’ testification on matters mentioned in the first paragraph is contingent upon their having received the client’s consent. However, even with this condition satisfied, the attorney may refrain from testification. <Additional sentence as per Article 4667/24 dated 2 May 2001> Exercising the right to refrain will not entail legal and criminal responsibility.

The foregoing provisions apply to the clerks employed by the Union of Bar Associations of Turkey and bar associations, as well.

Notification of refusal of commission

Article 37 – Attorneys may refuse without stating a reason a commission offered to them. The refusal must be communicated to the client without delay.

A person whose offer of commission has been refused by two attorneys may request the president of the bar association to assign an attorney for him/her.

<Amended as per Article 4667/25 dated 2 May 2001> The attorney thus assigned is under the obligation to render services at the fee decided by the president of the bar association.

Statutory refusal of commission

Article 38 – Attorneys are under the obligation to refuse a commission if,

a) They find the commission irregular or unjust when it is offered, or later arrive at this conclusion;

b) They have given their services or opinion as an attorney to a party with conflicting interests in the commission offered;

c) <Amended as per Article 4667/26 dated 2 May 2001> They have previously been involved in the commission offered as judge, arbitrator, public prosecutor, expert witness, or clerk;

d) They find themselves in the position of claiming the invalidity of a bond or a contract drawn up earlier by themselves;

e) <abolished as per Constitutional Court decision 43/84 dated 2 June 1977>

f) The commission they have been offered contradicts the policy of professional solidarity and order laid down by the Union of Bar Associations of Turkey.

The circumstances for statutory refusal apply to the attorneys’ partners and other attorneys in their employ.

<Third paragraph abolished as per Constitutional Court decision 19/9 dated 21 January 1971>

<Last paragraph abolished as per Constitutional Court decision 43/84 dated 2 June 1977>

Attorneys’ right to keep documents and lien

Article 39 – Attorneys are under the obligation to keep the documents given to them for three years after the termination of their commission. However, if a written notice has been sent to the client to retrieve his/her documents, such obligation will cease to exist at the end of three months as of the date of such notice.

Attorneys are not obligated to return the documents in their keeping unless they have received their fee and have been reimbursed for their expenses.

Statute of limitations in claims for damages

Article 40 – <Amended as per Article 4667/27 dated 2 May 2001>

Claims for damages made by the client on the basis of the contract will be abated one year after the date of first knowledge of the acquisition of this right and in any case after five years from the event causing the damages.

Resignation from rendering services

Article 41 – The representation duty of an attorney who resigns from rendering a specific service or from defense of his own volition will continue for fifteen days as of the date the attorney informs the client of the situation.

However, an attorney assigned by the legal aid office or the president of the bar association may not desist from performing this duty in the absence of force majeure or a valid excuse. The evaluation of the force majeure or the valid excuse is at the discretion of the authority assigning the attorney.

Temporary assignment of an attorney

Article 42 – In the event of an attorney’s death, or dismissal from the profession or the commission, or prohibition from practice, or temporary incapacitation, the president of the bar association will assign another attorney to temporarily render and take charge of services by receiving the written consent of the client(s) and will have the files transferred to the him/her. <Additional sentence as per Article 4667/28 dated 2 May 2001> The president will also report the situation to the courts and other parties he/she may consider necessary. These provisions will also apply to attorney partnerships by analogy.

The statutory periods for the actions stated in the above paragraph will not commence until the files are submitted. However, such period may not exceed three months.

<Abolished as per Article 4667/28 dated 2 May 2001>

The newly assigned attorney may refuse the assignment by giving just reasons. It is at the discretion of the board of directors of the bar association to decide whether the reasons given are just.

The representation duty will proceed under the responsibility of the attorney who has assumed this duty and will not be contingent upon the instructions of the represented attorney. The fee for the work done will be paid by the attorney represented. The amount of the fee will be determined by the board of directors of the bar association in the event of a dispute.

Requirement to establish office

Article 43 – Every attorney is under the obligation to establish an office in the jurisdictional area of the bar association in whose directory he/she is enrolled. The specifications of the office will be defined by the bar association.

An attorney may not have more than one office. Attorneys working together may not have separate offices. <Additional sentences: Article 4667/29 dated 2 May 2001> An attorney partnership may not open a branch in Turkey. Members of parliament may not practice attorneyship during their term in parliament.

Attorneys moving their residence or office must inform the bar association of their new addresses within one week.

Attorneys working together or as an attorney partnership[11]

Article 44 – <Amended as per Article 4667/30 dated 2 May 2001>

Attorneys may practice their profession together in the same office or as an attorney partnership.

A)    Working together in the same office

Working together is when more than one attorney enrolled with the same bar association practice their profession using the same office. Such togetherness does not make a legal entity; nor is the work done considered commercial.

It is mandatory to juxtapose the expression “Attorneyship Office” with the name(s) and/or last name(s) of one or several of the attorneys working together. The mutual rights and obligations, the sharing of revenues and expenditures, office management, and the termination of togetherness are defined by those working together and submitted in writing to the bar association they are enrolled with.

B) Attorney partnership

An attorney partnership is a legal entity formed by more than one attorney enrolled with the same bar association to practice their profession in accordance with the present Law. The work done by an attorney partnership is professional and not considered commercial. It is subject to the same provisions as applied to privately owned companies as far as taxation is concerned. The name of the attorney partnership is made up by the addition of the expression “Attorney Partnership” to the name(s) and/or last name(s) of one or several partners. Foreign attorney partnerships wishing to operate in Turkey within the framework of the current laws on incentives for foreign capital may only offer services of consultancy in foreign laws and international law provided that they have been formed in compliance with the present Law and the arrangements stipulated for attorney partnerships. This restriction also applies to attorneys who are citizens of the Republic of Turkey or of foreign countries working for the foreign attorney partnership. The condition that the partners be enrolled with a bar association is not required for this type of attorney partnerships. The implementation of this rule is contingent upon reciprocality.

An attorney partnership with a basic contract modelled after the standard basic contract assumes legal personality upon being recorded in the Attorney Partnership Register of the Bar Association by the board of directors of the bar association with which its partners are enrolled. A request for registration may only be refused on the grounds of discordance with the present Law and the standard basic contract. In such a case, the provisions of Article 8 will be applied by analogy. A copy of the basic contract will be forwarded to the Union of Bar Associations of Turkey.

a) The rights and liabilities of the partners

1. The shares and percentages of partnership are determined freely. Partners may transfer their shares only to partners or third parties that are attorneys. In the event that a partner is prohibited from transferring his/her shares by the contract, or the other partners do not approve the transfer of the shares, or an inheritor is not an attorney or disclaims the inheritance, or the partner discontinues his/her practice because of retirement or health reasons, or is deleted from the directory of the bar association, or quits or is dismissed from the profession, or his/her share is attached, his/her share in the partnership will be bought by the other partners at its basis value in proportion to their shares. The provisions for liquidation in the regulations will be applied if the transfer actions are not concluded within three months.

2. Powers of attorney are drawn up in the name of the partnership. The partnership issues a document of authorization to the attorneys charged with conducting court action.

3. An attorney partnership may not acquire privileges or property outside its purpose; may not establish partnerships with third parties; and may not take over the shares of legal entities. The partners may not be partner to more than one attorney partnership; may not have an office other than that of the partnership; and may not conduct court action on a freelance basis.

4. An attorney partnership carries unlimited joint and several liability together with its partners and the attorneys it employs for all their actions, deeds, and debts connected with the partnership. The responsibilities of the partners and the attorneys the partnership employs regarding their professional duties are reserved under the Attorneyship Law and professional rules. The disciplinary actions and penalties in the present Law will be applied to attorney partnerships, as well.

5. The partner charged with the management and representation of the partnership will be responsible for the keeping of books and records. Attorney partnerships must keep a lawsuits and actions book, a shares book, a decisions book, a revenues and expenses book, and a fixtures book.

b) Settlement of disputes

Any and all disputes to arise between attorneys working together, or between attorneys in partnership in connection with their mutual affairs with one another, the affairs of the partnership, or affairs with third parties regarding price in the transfer and succession of partnership shares will be settled in accordance with the provisions of the present Law and relevant regulations by the board of arbitration defined in Article 167 of the present Law.

c) The legal and formal conditions of points which must be addressed in the standard basic contract of the attorney partnership such as the identification data of the partners, the title and address of the partnership, the shares in partnership, the relationship between the partners, the division of labor concerning lawsuits and cases, the powers of the managing partners, the management and representation of the partnership, [the board of partmers, the terms of reference of the [board], the sharing of revenues and expenditures, auditing, leaving the partnership, dismissal from the partnership, transfer of shares, termination of the partnership, voluntary and statutory dissolution, and liquidation will be provided for in the regulations[12] prepared by the Union of Bar Associations of Turkey and published in the Official Gazette after approval by the Ministry of Justice.

Persons eligible for employment in attorney offices

Article 45 – <Amended as per Article 4667/31 dated 2 May 2001>

Attorneys and attorney partnerships may only employ help that is required for the profession of attorneyship in their offices.

Persons convicted of one of the crimes that are an impediment to attorneyship may not be collaborated with or employed in attorneys’ offices by any means.

<Amended as per Article 4667/31 dated 2 May 2001> Failure to abide by the foregoing provisions will be punished with dismissal from the job in the first instance and from the profession upon reoccurrence in the case of attorneys; and dismissal from the job in the first instance and deletion from the attorney partnership register upon reoccurrence in the case of attorney partnerships.

Conducting legal business, review of lawsuit files, and obtaining copies of documents by apprentices or secretaries

Article 46 – <Amended as per Article 4667/32 dated 2 May 2001>

An attorney may have his legal business conducted and have facsimiles of documents obtained by photocopying or other means by the apprentice under his responsibility or by the secretary working for him/her. The copies that the attorney does not want approved are not subject to charges.

The attorney or the apprentice may review lawsuit and legal action files without a power of attorney. A request for review of files must be fulfilled by those concerned. Attorneys not presenting a power of attorney may not obtain copies or photocopies of the papers and documents in the files.

Prohibition of appropriation of contested rights

Article 47 – Attorneys are prohibited from acquiring or mediating in the acquisition of contested rights. This prohibition remains effective for one year after the termination of the service.

The provision in the first paragraph also covers the attorney’s partners and the attorneys in his employ.

<Added as per Article 4667/33 dated 2 May 2001> However, the provisions of Article 164 are reserved.

Offering an attorney commission in exchange for personal interest

Article 48 – Persons who mediate in soliciting commission for an attorney in exchange for a fee or any kind of gain promised or given by the attorney or the client, and attorneys who resort to the services of an agent will be punished with imprisonment from six months to one year.

The imprisonment sentence may not be less than one year in the event the perpetrators are public servants.

Official attire of attorneys

Article 49 – Attorneys are under the obligation to be dressed in the official attire designated by the Union of Bar Associations of Turkey when they appear in court.

Space to be allocated to the bar association and attorneys

Article 50 – It is obligatory to allocate adequate space for the use of the local bar association in every judicial office and for attorneys in every courtroom and enforcement office.

<Added as per Article 4667/34 dated 2 May 2001> Additionally, a consultation room appropriate to the respectability and importance of the profession will be designated in every jailhouse and police station. The repair and maintenance of these rooms will be undertaken by the Ministry of Justice or the Ministry of Interior Affairs depending on the subordination.

Places inappropriate for conducting consultation

Article 51 – Attorneys are prohibited from conducting legal consultation with clients and offering their services in places other than their offices registered with the bar association, in courtrooms, and anywhere else in the premises of the justice hall.

The provision in the foregoing paragraph is not applied in the event the attorney is expressly summoned.

Keeping files

Article 52 – Attorneys are under the obligation to keep regular files on every commission they receive or every point they provide an opinion on.

Attorneys are under the obligation to sign every document written or drafted by themselves.

Minutes of discussions

Article 53 – Attorneys will note down in a memorandum the salient points of the discussions they hold in connection with their services which they think are important. The memorandum is signed at the bottom by those present at the discussion.

Register book

Article 54 – A register book patterned after a sample to be provided by the Union of Bar Associations of Turkey will be kept for every attorney in the bar association he/she is enrolled with. Albeit confidential, this register book may be viewed and notes taken from its contents at any time by its owner or another attorney duly authorized by the owner.

In the event of the owner’s transfer to another bar association, the register book is forwarded to the president of the receiving bar association.

Prohibition of publicity

Article 55 – Attorneys are prohibited from engaging in any kind of activity or enterprise which may be regarded as being in the nature of publicity in order to offer their services and particularly from displaying any other title than that of attorney and their academic titles in their signs and letterheads.

<Additional paragraphs as per Article 4667/35 dated 2 May 2001>

This prohibition also applies to the attorneys sharing an office and to attorney partnerships.

The provisions governing the above prohibitions will be determined by means of regulations[13] to be prepared by the Union of Bar Associations of Turkey.

The right to obtain copies and to serve notice

Article 56 – Powers of attorney properly drawn up and given to an attorney will be kept in the file mentioned in Article 52. An attorney may produce a facsimile of a power of attorney and use it by certifying its authenticity with his/her signature. Copies of powers of attorney produced by attorneys bear the nature of an official copy for all judicial bodies, public offices and organizations, and private and legal entities.

Where an original document is not expressly required by law, attorneys may present copies of all manner of papers and documents to judicial bodies and other legal offices in the legal business they conduct by authenticating the copies themselves.

An attorney authenticating copies of powers of attorney or of other papers and documents lacking an original or presenting a copy not reflecting the original will be punished by heavy imprisonment from three to six years.

Attorneys may deliver judicial papers and documents to the opposite party in cases where they have been appointed as attorneys through the judicial body concerned and in the absence of any decision by this judicial body regarding service of process. One copy each of the documents thus delivered will be inserted in the files of the judicial body concerned provided that the required charges, taxes, and duties have been paid.

<Additional paragraphs as per Article 4667/36 dated 2 May 2001>

Attorneys or attorney partnerships may give another attorney or attorney partnership a certificate of authorization that will pass for a power of attorney covering all the powers of attorney authorizing the former to delegate agents. Such certificates of authorization bear the strength of a power of attorney.

Powers of attorney are in standard form for Turkey, and their form and content are designed by the Union of Bar Associations of Turkey and the Union of Notaries Public of Turkey.

Crimes against attorneys

Article 57 – Crimes committed against attorneys during or in connection with the performance of their duties will be subject to the same provisions as if they were committed against judges.

Public prosecutor with the power to conduct investigation

Article 58 – <First paragraph amended as per Article 4667/37 dated 2 May 2001>

Investigations on attorneys induced by crimes arising in connection with their practice of attorneyship, or their duties with the organs of the Union of Bar Associations of Turkey or bar associations, or the crimes they commit during the performance of their duties will be conducted by the public prosecutor in the jurisdictional area where the crime is committed, upon the permission of the Ministry of Justice. Attorneys’ offices and residences may be searched only with a court warrant and to the extent jsutifiable by the nature of the event stated therein, under the supervision of the public prosecutor, and with a representative of the bar association in attendance. Cases of flagrante delicto calling for heavy punishment notwithstanding, an attorney’s person may not be searched.

The provisions of the Code of Civil Procedure and the Code of Criminal Procedure governing the order of trials are reserved. However, attorneys may not be detained, nor may they be sentenced to light penalties or light fines.

Permission to prosecute, decision to initiate final investigation, and the court where trial will be held

Article 59 – The file for the investigation conducted in accordance with Article 58 will be delivered to the Directorate General of Criminal Affairs of the Ministry of Justice. Should a prosecution be considered necessary as a result of the review of the file, the file will be sent to the office of the public prosecutor of the high criminal court nearest the high criminal court in whose jurisdictional area the crime was committed.

The public prosecutor will prepare an indictment within five days and forward the file to the high criminal court for a decision as to whether the initiation of a final investigation is required or not.

A copy of the indictment is delivered to the attorney on whom a prosecution is being conducted in accordance with the provisions of the Code of Criminal Procedure. Should the attorney request, within the statutory period after the delivery of the indictment, collection of certain evidence or make any other reasonable request, such will be taken into consideration and the investigation may be deepened by the chairperson of the court.

The trials of attorneys on whom a final investigation is decided to be initiated will be held in the high criminal court of the location where the crime was committed. <Supplementary sentence: Article 4667/38 dated 2 May 2001> The situation will be reported to the bar association with which the attorney is enrolled.

Right of objection

Article 60 – The public prosecutor or the accused may object in accordance with general provisions to the decisions of the courts cited in Article 59 regarding detention or release or the decision not to initiate a final investigation.

Such objection will be reviewed by the high criminal court nearest the court which passed the contested decision, excluding the high criminal court in the location where the crime was committed.

Flagrante delicto warranting heavy punishment

Article 61 – <Amended as per Article 4667/39 dated 2 May 2001> In cases of flagrante delicto warranting heavy punishment, the preliminary investigation will be conducted by the public prosecutor in person in accordance with general provisions.

Negligence of duty and abuse of power

Article 62 – Attorneys who neglect the duties they are assigned and abuse the power conferred upon them either by virtue of their attorneyship or as members in the various organs of the Union of Bar Associations of Turkey or bar associations in accordance with the present Law or other laws (in any manner whatsoever) with the exception of the circumstances stated in Articles 294 and 295 of the Turkish Criminal Code will be punished as provided for in Articles 230 and 240 of the Turkish Criminal Code.

Exclusivity to attorneys of the exercise of attorneyship powers

Article 63 – Attorneys not entered in the directory of the bar association and those prohibited from practice may not prepare lawsuit documents for individuals other than themselves, may not follow up enforcement actions, and may not exercise any other powers associated with attorneyship. Those who do not appear on the directory may not use the title of attorney, either[14]. <Additional sentence as per Article 4667/40 dated 2 May 2001> However, of the attorneys who have completed twenty years on the directory, those who have closed down their office and had their tax records deleted may continue to use only the title of attorney provided that they report their status and fulfill their duties and obligations to the bar association.

<Amended as per Article 3256/7 dated 22 January 1986> Those who violate the provision in the first paragraph above will be punished with heavy fine from one hundred thousand to one million Turkish Liras, and imprisonment from six months to one year.

<Amended as per Article 3256/7 dated 22 January 1986> Those who exercise the powers exclusive to attorneys by taking over claims on the basis of feigned methods or by abusing other rights granted by law although not authorized to practice attorneyship will be punished with imprisonment from one to three years and heavy fine from five hundred thousand to five million Turkish Liras.

Courts, enforcement and bankruptcy offices, and bar associations are under the obligation to notify the public prosecutor when an incident falling under the scope of this Article comes to their knowledge. The result of the prosecution to be conducted will be reported to the bar association.

Special duties toward the board of directors of the bar association

Article 64 – In matters pertaining to inspections and objections, attorneys are under the obligation to furnish information and deliver the relevant files upon request to the president of the bar association, the board of directors, or one of the members assigned by them; and to make himself/herself present when invited for a hearing by the president of the bar association, the board of directors, or one of the board members to the extent that this does not contradict the obligation to keep professional information confidential prescribed by the present Law.

<Amended as per Article 3256/8 dated 22 January 1986> The board of directors of the bar association may impose a fine from ten thousand to one hundred thousand Turkish Liras on an attorney who fails to fulfill the obligation stated in the first paragraph above. This punishment may be re-imposed at every instance of nonacceptance of a request or an invitation. However, the letter of request or invitation must include a statement that nonacceptance is punishable by a fine.

Objections may be raised against the imposition of the fine with the board of directors of the bar association within fifteen days as of the date of notification. The decision of the board of directors of the bar association will be final.

The fines imposed in accordance with the provisions in the above paragraphs will be collected in accordance with the provisions of the present Law concerning disciplinary penalties and marked as revenue for the bar association.

Persistence in non-payment of bar association dues

Article 65 – The annual dues fixed by the general assembly will be paid in two equal installments in the months of January and September every year. A default penalty at the monthly rate of five percent will be charged for payments overdue.

An attorney may not participate in the general assembly of the bar association or exercise his/her right to vote and be elected unless he/she has paid his/her annual dues.

The names of attorneys and attorney partnerships persisting in the non-payment of their annual dues without a reasonable excuse despite service of notice will be removed from the directory and register by the decision of the board of directors of the bar association until they pay their debts together with the default penalty, and the situation will be reported to whom it may concern. The debts of attorneys and attorney partnerships falling into such status will be collected through legal channels.

PART SEVEN

Bar Association Directory And Attorney Roster

Obligation for entry in the directory

Article 66 – Every attorney is under the obligation to be entered in the directory of the bar association in whose jurisdictional area he/she will practice attorneyship on a permanent basis.[15]

An attorney who is entered in the directory of a bar association is authorized to practice attorneyship in any part of Turkey provided that such practice is not on a permanent basis.

Permanent practice of attorneyship in another jurisdictional area

Article 67 – Should an attorney practice attorneyship on a permanent basis outside the jurisdictional area of the bar association in whose directory he/she is entered or is engaged in an activity punishable by disciplinary penalty, a memorandum to be drawn up by the board of directors of the bar association in that location will be sent for action to the bar association in whose directory he/she is entered.

Transfer to another bar association

Article 68 – Request for transfer from one bar association to another will be made in writing to the board of directors of the bar association in whose directory entry is requested.

The documents to be enclosed with the request for transfer and the procedures to be applied to transfer will be prescribed in regulations.

Review and approval of request for transfer

Article 69 – The board of directors of the bar association to which transfer is requested will conduct all kinds of review and actions it deems necessary concerning the requesting attorney, particularly asking the bar association in whose directory the attorney is currently entered whether he/she is under disciplinary prosecution and owes money to the bar association. No action may be taken before the conclusion of the disciplinary prosecution and the payment of the attorney’s debt to the bar association.

In the event of the acceptance of the request for transfer, the decision will be communicated promptly by the board of directors of the receiving bar association to the Union of Bar Associations of Turkey and the bar association the attorney is leaving.

Refusal of request for transfer

Article 70 – In the event of the rejection of the request for transfer by the bar association to which transfer is sought, the attorney requesting transfer may raise an objection with the Union of Bar Associations of Turkey within fifteen days as of the date the decision is communicated to him/her.

The request will be considered as having been rejected if the board of directors of the bar association does not make a decision within one month as of the date of receipt of the request for transfer. In such a case, the attorney concerned may raise an objection with the Union of Bar Associations of Turkey within fifteen days as of the expiration of the one-month period.

The decisions to be made by the Union of Bar Associations of Turkey on objections will be final. The attorney concerned may appeal to the administrative judicial authorities regarding these decisions.[16]

The objection will be considered as having been rejected if the Union of Bar Associations of Turkey does not make a decision within three months as of the date of receipt of the letter of objection.

If the Union of Bar Associations of Turkey decides to uphold the objection, it will promptly communicate this decision to the receiving bar association and the one the attorney is leaving.

Deletion from directory and the register of the attorney partnership[17]

Article 71– <Amended as per Article 4667/42 dated 2 May 2001> The decision on deletion from directory and the register of the attorney partnership will be made by the board of directors of the bar association with which the attorney or the attorney partnership is enrolled.

Although a written response is requested of the attorney prior to such a decision, it is essential that the attorney has been heard by the board or has not comğlied with an invitation to a hearing within the designated period. Similarly, for a decision to be made in the case of attorney partnerships, it is essential that a partner to be appointed by the partnership has been heard by the board or the partnership has not complied with an invitation to a hearing.

The decision on deletion from directory and the register of the attorney partnership will be reasoned. The attorney or the attorney partnership may raise an objection to this decision with the Union of Bar Associations of Turkey within fifteen days as of the date of notice. The decisions made by the Union of Bar Associations of Turkey on the objections will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey. The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.

The attorney or the attorney partnership concerned will have the right to continue their practice of attorneyship until the decision on deletion from directory or the register of the attorney partnership becomes final. However, the disciplinary board of the bar association may temporarily prohibit the attorney or the attorney partnership from practice in the event it is deemed prejudicial to have them continue their practice until the decision on deletion from directory or the register of the attorney partnership becomes final.

Circumstances necessitating deletion from directory

Article 72 – The attorney’s name will be deleted from the directory under the following circumstances:

a) Loss at a later date of the qualifications required as per this Law for admission into attorneyship.

b) Discovery at a later date of reasons present at the time the license was issued which would constitute grounds for denial of the license.

c) <Amended as per Article 4667/43 dated 2 May 2001> An office not being opened in the jurisdictional area of the bar association concerned within three months; or the closing down of the office or its relocation outside the jurisdictional area of the bar association concerned; or the failure, despite reminders, of the attorney to enroll with another bar association in whose jurisdictional area he/she practices attorneyship on a permanent basis.

d) <Amended as per Article 4667/43 dated 2 May 2001> Default in the payment of annual dues to the bar association and the Union of Bar Associations of Turkey or in the repayment of apprenticeship credit despite service of notice.

e) Voluntary departure from the profession.

f) Default in the payment of group insurance premiums at the times indicated in the group policy.

g) <Added as per Article 3256/9 dated 22 January 1986> Being entered in the directory despite the impediment stated in Article 10.

<Additional paragraphs as per Article 3256/9 dated 22 January 1986>

However, an attorney discovered later than five years after the date of issuance of his/her license to have been engaged in one of the activities listed in Article 11, with the exception of activities incompatible with the respectability of the profession, may be re-entered in the directory if he/she pays the bar association three times the amount of the payments or revenues he/she has received during the apprenticeship period.

The bar association may desist from inviting the attorney for a hearing if the office address submitted to the bar association is vacated and a new address not submitted.

Right of re-entry in the directory

Article 73 – An attorney proving the discontinuation of the circumstances necessitating deletion from the directory will gain the right to be re-entered in the directory. However, the board of directors of the bar association may, if it deems necessary and by explaining the reasons, require the attorney requesting re-entry in the directory, to prove the presence of all or part of the qualifications sought for the initial entry.

With the exception of the provision on the issuance of licenses, Articles 7, 8, and 9 of the present Law will be applied by analogy to requests for re-entry in the directory.

An attorney whose re-entry in the directory has been approved by the bar association with which he/she was formerly enrolled will not be required to pay admission dues one more time.

Permanent deletion from the directory

Article 74 – The licenses of those dismissed from the profession by a criminal or disciplinary sentence and those finally convicted of crimes stated in Article 5, Subparagraph a will be withdrawn and cancelled by the board of directors of the bar association  and their names permanently deleted from the directory.

Execution of such actions is contingent upon the decision or conviction becoming final.

<Amended as per Article 4667/44 dated 2 May 2001> The attorney may raise an objection to the decision made by the board of directors of the bar association with the Union of Bar Associations of Turkey within fifteen days as of the date of notice. The decisions made by the Union of Bar Associations of Turkey on the objections will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey. The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.

Attorney roster

Article 75 – <Amended as per Article 3256/10 dated 22 January 1986> Every three years, the board of directors of the bar association will prepare a roster of all attorneys within its jurisdictional area and entered in its directory as recently as the date of 31 December of the third year. The roster will include the names and last names of all attorneys in alphabetical order, and the addresses of their offices and residences. The offices of attorneys sharing the same office and attorney partnerships will also be indicated separately in the roster. Changes to the roster will appear in an amendment roster to be prepared as of the end of every year.

The format of the roster will be determined by the Union of Bar Associations of Turkey.

Those who are entered in the directory after the roster has been completed will be issued a temporary certificate for use until the preparation of the next roster.

An adequate number of copies of the roster will be forwarded to the Constitutional Court, the Appeal Courts, the Ministry of Justice, the Union of Bar Associations of Turkey, other bar associations, the courts and public prosecutors within the jurisdictional area of the bar association, the highest ranking government official, other judicial bodies, notaries public, enforcement and bankruptcy offices.

PART EIGHT

Bar Associations