Iranian Bar Associations

ATTORNEYSHIP LAW/CODE(Page 2)
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* ATTORNEYSHIP LAW - The Republic of Turkey - Section 2 of 5
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* ATTORNEYSHIP LAW - The Republic of Turkey - Section 2 of 5

Article 51 to 100

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 com?lied 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

SECTION ONE
General Provisions

Establishment and nature of bar associations
Article 76 – Bar associations are professional organizations in the nature of public agencies with legal personality operating on the basis of democratic principles by conducting the whole range of activities for the purpose of promoting the profession of attorneyship; ensuring honesty and confidence in the mutual relations between the members of the profession and their relations with clients; defending and safeguarding the order, ethics, and respectability of the profession, the supremacy of the law, and human rights; and to satisfy the common needs of attorneys.

(Amended as per Article 4276/3 dated 18 June 1997) Bar associations may not engage in activities other than those befitting their purpose of establishment.
(Amended as per Article 4667/46 dated 2 May 2001) In state protocol, bar associations stand next to the chief public prosecutor for the province.

Establishment of bar associations, removal and deposition of their organs
Article 77 – (Amended as per Article 4667/47 dated 2 May 2001) A bar association is established in every capital of province where a minimum of thirty attorneys are present. The provision in the second paragraph will be applied to already established bar associations in which the number of attorneys falls below thirty.

(Amended as per Article 4667/47 dated 2 May 2001) The Union of Bar Associations of Turkey will decide whether the localities without a bar association should be attached to the nearest bar association or combined into a new bar association, as well as where the latter’s offices will be located. The Union of Bar Associations of Turkey will produce a list of the attorneys with offices in the jurisdictional area of the new bar association to be established who are entered in the directory and will task the senior attorney among them with establishing the new bar association.

A founding board of four chaired by the assigned attorney will accomplish the establishment of the bar association within six months at the latest and report same to the Union of Bar Associations of Turkey. In the event of the resignation of the board of directors of the bar association together with the alternate board members, the same founding board will reconvene in order to lead the bar association toward election in three months at the latest.
(Amended as per Article 4667/47 dated 2 May 2001) Bar associations assume legal personality upon reporting their establishment to the Union of Bar Associations of Turkey.

(Amended as per Article 4667/47 dated 2 May 2001) The Union of Bar Associations of Turkey will report the establishment to the Ministry of Justice.
(Amended as per Article 4276/4 dated 18 June 1997) The removal from duty of, and the election of replacements for the bar associations and the responsible organs of the Union of Bar Associations of Turkey engaged in activities outside their purposes will be adjudicated by the local civil court of first instance according to simple trial procedure upon the request of the Ministry of Justice or the local public prosecutor; and the trial will be concluded within three months at the latest [18].

The organs removed from duty will be replaced by election within one month at the latest. The newly elected organs will serve out the terms of the former.

The assigned organs of bar associations are under the obligation to implement to the letter the decisions made in accordance with the present Law by the Ministry of Justice as an approving authority in connection with the actions of the organs of bar associations. The provisions of the foregoing paragraphs will be applied to the organs of bar associations failing to implement the decisions of the Ministry of Justice despite a ruling by the administrative judicial authority of a stay of execution or on the merits of the case, or in the absence of a statutory cause; or passing a new decision in the nature of a decision of persistence in the former decision; or failing to carry out the statutory actions despite the warning of the Ministry of Justice.

Criminal liability stipulated by law will be reserved for the members of the organs removed from duty. The acts of these organs causing their removal from duty as per the preceding paragraph will be void.
(Amended as per Article 4276/4 dated 18 June 1997) However, bar associations and the Union of Bar Associations of Turkey may be prohibited from operation by the governor of the local province if a delay would be detrimental in circumstances involving national security or the public order, or when exigent for the prevention of an offense or its protraction or for the apprehension of an offender. The decision to prohibit operation will be submitted to the approval of a judge with jurisdiction within twenty-four hours. The judge will announce his/her decision within forty-eight hours; otherwise, this administrative decision will be automatically abrogated. [19]

The provisions governing termination of duty and removal from duty will not be applied to the general assembly of the bar association.

Gratuitousness of duties and duties which may not be combined in the same person
Article 78 – The presidency of the bar association, memberships in the, presidential council, the board of directors, audit and disciplinary boards; and duties assigned to attorneys in connection with the safeguarding, representation, and defense of the interests of the bar association will be performed gratuitously.

Travel and accommodation allowances and other essential expenditures will be reimbursed out of the funds of the bar association.

The presidency of a bar association, memberships in the board of directors and the disciplinary board, and auditorship may not be combined in the same person.
(Amended as per Article 4667/48 dated 2 May 2001) However, membership in the disciplinary board and auditorship may be combined in the same person in bar associations with fewer than forty attorneys entered in their directory.

SECTION TWO
Organs Of Bar Associations

Organs
Article 79 – The organs of bar associations are the following: [20]
1. General assembly of the bar association.
2. Board of directors of the bar association.
3. President of the bar association.
4. Presidential council of the bar association.
5. Disciplinary board of the bar association.
6. Board auditors of the bar association.

I – General assembly of the bar association

Composition
Article 80 – The general assembly of the bar association is the highest organ in the bar association and is composed of all the attorneys entered in the directory.

Duties
Article 81 – The duties of the general assembly are as follows:
1. Electing members to the board of directors, the disciplinary board, and the board auditors; the president of the bar association, and the delegates for the Union of Bar Associations of Turkey.

2. (Amended as per Article 4667/42 dated 2 May 2001) Determining the admission dues to be paid upon entry in the directory and entry in the attorney partnership register by multiplying the index figures of two thousand minimum and eight thousand maximum for attorneys, and twenty thousand minimum and eighty thousand maximum for attorney partnerships, and the membership dues to be paid annually by multiplying the index figures of one thousand minimum and four thousand maximum for attorneys, and ten thousand minimum and forty thousand maximum for attorney partnerships with the salary coefficient set for public servants every year in the budget act; and fixing the dates of their payment.

3. Reviewing the accounts submitted by the board of directors regarding the revenues and expenditures of the bar association and the management of its property, and deciding whether to acquit the board of directors.

4. Approving the budget of the bar association.
5. Reviewing and approving the house regulations to be drafted by the board of directors.
6. Determining the nature and amount of aid to be granted to attorneys in need and their survivors other than what the board of directors of the bar association is authorized to grant as per the current statutes.

7. Debating and deciding on motions pertaining to the profession.
8. Defining the specifications of attorney offices.
9. Exercising other powers conferred by statutes.

Regular meetings
Article 82 – (Amended as per Article 3256/12 dated 22 January 1986) The general assembly will convene in the first week of October every two years upon the invitation of the president of the bar association to discuss the items on its agenda.

Extraordinary meetings
Article 83 – The Union of Bar Associations of Turkey, the president of the bar association, the board of directors of the bar association, or the board auditors may call an extraordinary meeting of the general assembly when they deem it necessary. The president of the bar association is under the obligation to call an extraordinary meeting of the general assembly within fifteen days at the latest upon the written request of one fifth of the attorneys entered in the directory indicating the points to be discussed.

Call for a meeting
Article 84 – (Amended as per Article 4667/50 dated 2 May 2001) The place, time, and agenda of the regular meeting of the general assembly; and the place and time of the second meeting if the required majority is not reached in the first, will be posted where suitable in the bar association and the judicial offices in its professional circles until the date of the general assembly meeting starting at least thirty days before the meeting. Such announcement will effectively serve as an official notice.

Chairing panel of the general assembly
Article 85 – A chairing panel composed of a chairperson, a deputy chairperson, and two members will be elected as the first thing in both the regular and the extraordinary meetings of the general assembly. The election will be held by separately voting for each position. The voting will be done openly unless otherwise decided by the general assembly and those who get the largest number of votes will be elected.

The president of the bar association, the members of the board of directors of the bar association and the board auditors may not be elected to the chairing panel.

Obligation to attend the meeting
Article 86 – (Amended as per Article 3003/3 dated 8 May 1984)
(Amended as per Article 4667/51 dated 2 May 2001) An attorney entered in the directory of the bar association is under the obligation to attend both the regular and the extraordinary meetings of the general assembly and to vote. Those who do not attend these meetings or do not vote without a valid reason will be fined by the chairperson of the county election board at the rate of one third the amount of the annual dues paid by attorneys enrolled with that bar association. These fines will be collected by the office of the president of the bar association and marked as revenue in the budget of the bar association.

The third and fourth paragraphs of Article 64 will also be applied to the fines imposed as per the present Article.

Quorum for debate and decisions
Article 87 – The general assembly will convene with the attendance of one more than half of the lawyers entered in the directory.

(Amended as per Article 4667/52 dated 2 May 2001) If the majority mentioned in the first paragraph is not reached, the meeting will be adjourned to one week later unless pressing reasons exist to the contrary. However, such adjournment may not exceed fifteen days. No meeting and debate may be held on the date to which the meeting has been adjourned unless at least one third of the members are present for bar associations with up to and including sixty members, one fifth are present for bar associations with up to and including four hundred members, and one tenth are present for bar associations with more than four hundred members.

Decisions will be passed by considering as adopted the motion that receives the largest number of votes of all, provided that quorum is present in accordance with the foregoing provisions. In the case of a tie, the side taken by the chairperson of the general assembly will carry the vote.
The same majority will apply to the votes received by candidates in elections.
A member may not vote on matters in which he/she has a private stake. This rule will not apply to elections.

(Amended as per Article 3003/4 dated 8 May 1984) Minutes will be kept of he decisions of the general assembly. The minutes will be signed by the chairing panel of the general assembly and forwarded to the Union of Bar Associations of Turkey.

Prohibition of discussion on items not on the agenda
Article 88 – Points not indicated on the agenda as items for discussion may not be decided upon in the meeting of the general assembly. This provision will not apply to a decision to hold a new meeting.

II – Board of directors of the bar association

Composition
Article 89 – The board of directors of every bar association will be composed of the president of the bar association and a minimum of four members.
There will be six regular members in bar associations with fifty to one hundred attorneys, eight in bar associations with one hundred and one to two hundred and fifty attorneys, and ten in bar associations with more than two hundred and fifty one attorneys. There will be the same number of alternate members as regular members in every bar association.
The president of the bar association will serve as the chairperson of the board of directors.

Eligibility, impediments, and mode of conduct of election
Article 90 – (Amended as per Article 1238/1 dated 26 February 1970) The members of the board of directors will be elected from among the attorneys entered in the directory with a minimum of five years in the profession. The condition of five years in the profession will not be sought in bar associations with fewer than one hundred members.

Those on whom the initiation of a final investigation has been decided in connection with an offense constituting an impediment to attorneyship, or those punished with censure, fine, or dismissal from employment during the last five years by a final decision of the disciplinary board may not be elected to the board of directors. 2. (Additional sentence as per Article 4667/53 dated 2 May 2001) Those removed from duty in accordance with the provision of Article 77 may not run for the organs of the bar association in the next meeting of the general assembly.

(Third paragraph rescinded as per Article 3003/9 dated 8 May 1984)
Members of the board of directors are elected by closed vote. The ballots must include at least one name more than half the number of regular members to be elected. Ballots with fewer names than this will not be valid. If more names are written in a ballot than the number of regular members to be elected, the redundant names will be disregarded starting from the last.

The candidates will be sorted according to the votes they have received. First the regular members, and next the alternate members will be identified according to this order starting with the member who has received the highest number of votes. In case of a tie, the candidate with professional seniority will lead. If professional seniorities are also equal, the oldest member will lead. Alternate members will be called upon for duty in the board of directors according to their place in the list determined by the number of votes they have received.
The duties of board members losing their eligibility will be terminated automatically.

Term of duty
Article 91 – (Amended as per Article 3079/1 dated 14 November 1984) The term of duty of the board of directors is two years. Board members whose term of duty has expired may be reelected.

Withdrawal before completion of term of duty
Article 92 – (Amended first paragraph 3256/13 dated 22 January 1986) A regular member who withdraws before completing his/her term of duty will be replaced by the alternate member who has received the highest number of votes.

A board member committed for trial for an offense constituting an impediment to eligibility as per Article 90 may not participate in the board until the conclusion of the lawsuit and his/her seat will be filled by an alternate member.

Meetings
Article 93 – The board of directors will be called to a meeting by the president of the bar association directly or upon the written request of a member indicating the topic to be discussed.
The board of directors will convene with absolute majority and pass decisions with the absolute majority of members. In the case of a tie, the side taken by the chairperson will carry the vote. The president of the bar association or board members may not participate in discussions on matters they are involved in.

Minutes kept of the decisions of the board of directors will be signed by the chairperson and the members.

Toplant?ya ça?r?
Article 94 – (Amended as per Article 4667/54 dated 2 May 2001) The members of the board of directors will convene upon the call of the president of the bar association. A member who has been absent from three consecutive meetings will have his/her membership forfeited by a decision of the board of directors.

Objection may be raised against such decision with the Union of Bar Associations of Turkey within fifteen days as of the date of notification. (Additional sentence as per Article 4667/54 dated 2 May 2001) The objection will not suspend the execution of the decision.

Duties of the board of directors
Article 95 – The board of directors is charged with performing the duties assigned to it by law. It investigates into the affairs of the bar association and safeguards its interests.
The major duties of the board of directors are the following:

1. Ensuring the safeguarding of the respectability of attorneyship and professional order, and the practice of the profession with dedication and pride in accordance with the goals of justice.
2. Deciding upon matters pertaining to the admission and entry in the directory or transfer of apprentices and attorneys.

3. (Amended as per Article 4667/55 dated 2 May 2001) Managing the bar association directory, and maintaining the attorney roster and attorney partnership roster.
4. (Amended as per Article 4667/55 dated 2 May 2001) Providing guidance and information to the members of the bar association regarding their professional duties and inspecting the performance of the latter, defending the profession of attorneyship and colleagues against encroachments upon the rights particular to the profession and its members, and to take all manner of legal and administrative action in these matters.

5. (Amended as per Article 4667/55 dated 2 May 2001) Mediating in and resolving upon request the disputes arising between attorneys entered in the directory, between attorneys and attorney partnerships, between the partners to attorney partnerships, and between all of the foregoing and clients; calling the parties to a settlement in disputes over fees.

6. Managing the property of the bar association and determining the nature of the aid to be granted to attorneys in need.
7. (Amended as per Article 4667/55 dated 2 May 2001) Preparing reports on the management of the property of the bar association and rendering account to the general assembly; preparing the budget and submitting it to the general assembly for approval.

8. Purchasing, selling, and mortgaging movable and immovable assets; and instituting and abrogating all manner of property rights on such assets on behalf of the bar association; and giving the president of the bar association specific authority in these matters.
9. Managing and supervising the affairs of apprenticeship.
10. Deciding upon the resignations of the members of the board of directors.

11. Establishing and managing a legal aid office.
12. Preparing the agenda for the general assembly.
13. Executing the decisions of the general assembly.

14. Managing and conducting the personnel affairs of the salaried clerks employed by the bar association.
15. (Amended as per Article 4667/55 dated 2 May 2001) Performing all the tasks associated with the house management of the bar association; developing the house rules.
16. Implementing the decisions of the Ministry of Justice, the Union of Bar Associations of Turkey, and the disciplinary board.

17. Offer opinions upon matters as requested by ministries, courts, or government agencies.
18. Exercising other powers conferred by statutes.
19. (Added as per Article 4667/55 dated 2 May 2001) Establishing representation offices at judicial centers in the jurisdictional area of the bar association.

20. (Added as per Article 4667/55 dated 2 May 2001) Selecting the attorneys to participate in the arbitration board mentioned in Article 167.
21. (Added as per Article 4667/55 dated 2 May 2001) Defending, safeguarding, and promoting the viability of the concepts of the supremacy of the law and human rights.
22. (Added as per Article 4667/55 dated 2 May 2001) Checking the conformity of the basic contract of attorney partnerships with the standard basic contract and deciding upon registration in the attorney partnership register.

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

III – President of the bar association

Election and withdrawal before the completion of term of duty
Article 96 – The president of the bar association is elected for a term of two years. Reelection is permitted. (Additional sentence as per Article 4667/56 dated 2 May 2001) However, serving more than two consecutive terms is not permitted.

(Amended as per Article 4667/56 dated 2 May 2001) The president of the bar association is elected by closed vote from among attorneys entered in the directory with a minimum of ten years in the profession of attorneyship. The ten-year condition will not be sought in bar associations with fewer than one hundred members.

(Amended as per Article 4667/56 dated 2 May 2001) The provisions of the second and sixth paragraphs of Article 90 will apply by analogy to the election of the president of the bar association, as well.

The person elected to replace a president who withdraws before the completion of his/her term of duty will serve out the term of the departing president.

Duties
Article 97 – The duties of the president of the bar association are the following:
1. Representing the bar association and chairing the board of directors.
2. Implementing the decisions of the general assembly, the board of directors, and the disciplinary board; and conducting daily business.

3. Making commitments and acquisitions on behalf of the bar association to extent permitted and authorized as per Article 95, making undertakings, receiving donations to the bar association, and implementing the budget.
4. Appointing the attorneys to represent and defend the bar association in courts and government agencies.

5. Ensuring the formatting of attorney registers after the sample provided by the Union of Bar Associations of Turkey and safekeeping them.
6. Defending the dictates of the law and professional rules against all manner of organs in matters involving the honor and independence of the profession, and taking the actions behooving him/her directly or indirectly.

7. Submitting a written report to the Union of Bar Associations of Turkey every year on the activities of the bar association and the board of directors.
8. Performing the duties and exercising the powers of the other members of the presidential council in bar associations without a presidential council.
9. Exercising other powers conferred by statutes.

IV – Presidential council of the bar association

Composition and election
Article 98 – The presidential council is composed of,
1. The president of the bar association,
2. The vice-president of the bar association,
3. The secretary general of the bar association,

4. The treasurer of the bar association.
The formation of a presidential council is obligatory for bar associations with more than fifty members.
The members of the presidential council other than the president will be elected by the members of the board of directors of the bar association by closed vote from among themselves at the first meeting of the board of directors to be held after the election of the board of directors.
Should a member of the presidential council depart before completing his/her term, a replacement will be elected within one month at the latest to serve the remainder of his/her term.

Duties of the presidential council of the bar association
Article 99 – The predidential council performs the duties conferred upon it by statutes or by the decisions of the board of directors of the bar association.
The council makes the decisions necessary for the management of the bar association’s property and briefs the board of directors verbally or in writing upon the board’s request.

Duties of the vice-president of the bar association
Article 100 – The vice-president of the bar association performs the duties and exercises the powers of the president in the latter’s absence or, if the post of president has become vacant for any reason, until the induction of a new president.

In the absence of the vice-president of the bar association, it behooves the professionally senior member of the board of directors to perform the duties and exercise the powers of the president.
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