Iranian Bar Associations

ATTORNEYSHIP LAW/CODE(Page 1)
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  * ATTORNEYSHIP LAW/CODE
  * ATTORNEYSHIP LAW - The Republic of Turkey - Section 1 of 5
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  * ATTORNEYSHIP LAW - The Republic of Turkey - Section 1 of 5

Article 1 to 50

The Republic of Turkey Attorneyship Law
www.barobirlik.org.tr

Law number 1136 – Passed 19 March 1969
Published 7 April 1969 in Official Gazette issue 13168
Volume 5, number 8, page 1694
And next amendeds

PART ONE:
Attorneyship And The Attorney

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 (?SYM) 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 (?SYM).
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.
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