Iranian Bar Associations

ATTORNEYSHIP LAW/CODE(Page 4)
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* ATTORNEYSHIP LAW - The Republic of Turkey - Section 4 of 5
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* ATTORNEYSHIP LAW - The Republic of Turkey - Section 4 of 5

Article 150 to 199

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Rejection and withdrawal of disciplinary board members
Article 151 – Members of the disciplinary board may be rejected or may withdraw for the reasons cited in the Law of Criminal Procedure.
A request for rejection will be considered with the participation of other members than the one whose rejection is requested.

In the event the disciplinary board cannot convene because of rejections and withdrawals, action will be taken as prescribed in Article 139.

Serving notice of decisions
Article 152 – An authenticated facsimile of the decisions of the disciplinary board will be forwarded to the public prosecutor in the capital of province where the bar association is located as well as the parties concerned.

Prohibition from practice
Article 153 – An attorney on whom a prosecution is in progress due to an act which may be punishable by disbarment may be prohibited from practice as a precaution by a decision of the disciplinary board.
It is obligatory that the attorney has been heard or invited for a hearing and not made himself/herself present on the date indicated before the decision is made. (Additional sentence as per Article 4667/67 dated 2 May 2001) However, separately inviting and hearing an attorney is not obligatory if notice could not be served to the attorney at the address he/she had given to the bar association.

The disciplinary board will have discretion to determine, at liberty and independently of request, the limits to which the evidence that will serve as a basis for this decision will be submitted and reviewed.
The decision will be communicated to the attorney under prosecution together with its reason, on which date it will enter into force. However, objection may be raised against the decision with the Disciplinary Board of the Union of Bar Associations of Turkey. Objections will not suspend the execution of the decision. Objections will be decided upon urgently and at any rate not later than one month. The contested decision will be revoked if the objection is deemed to be in order.

A decision of prohibition from practice will be communicated immediately to judicial entities and other authorities by the president of the bar association.

Mandatory prohibition from practice
Article 154 – (Amended as per Article 3003/7 dated 8 May 1984) Prohibition from practice is mandatory for attorneys who have been punished with disbarment or (...) [24] (...) [25] have been temporarily commissioned in accordance with Article 42 and have withheld, without an acceptable reason, the payment of the fees they received from the client for work done in accordance with the last paragraph of the same Article to the party concerned.

Attorneys on whom a decision of prohibition from practice has not been made by the disciplinary board within two months as of the emergence of the reasons for prohibition stated in the above paragraph will be prohibited from practice by a decision to be made directly by the Disciplinary Board of the Union of Bar Associations of Turkey [26].

Provisions for prohibition from practice
Article 155 – Those prohibited from practice may not exercise by any means the powers associated with attorneyship as of the date of prohibition. This provision will not apply to the attorney’s spouse and children who are not of legal age.

Attorneys who act in contravention of the prohibition stated in the first paragraph will be punished with one of the penalties stated in Subparagraphs 4 and 5 of Article 135.
Courts and government agencies are under the obligations to reject attorneys prohibited from practice.

Revocation of the decision of prohibition from practice
Article 156 – (Amended as per Article 4667/73 dated 2 May 2001) The decision of prohibition from practice will be abrogated automatically when the prosecution has been suspended or a punishment imposed that does not constitute an impediment to the practice of attorneyship.
The decision of prohibition from practice will be revoked by the disciplinary board when it is established that the circumstances on which this decision was based do not exist or have ceased to exist afterwards.

Objection to decisions of the disciplinary board
Article 157 – Objections may be raised by the public prosecutor or the parties concerned with the Disciplinary Board of the Union of Bar Associations of Turkey against the decisions of the disciplinary board within fifteen days from the date of notification of the decision.
The disciplinary board of the Union will review disciplinary cases from the file. However, a trial may be decided of its own motion or upon the request of the attorney concerned in the course of the review of decisions of punishment with dismissal or disbarment or with prohibition from practice.
Articles 145 1nd 146 will apply to the disciplinary board of the Union, as well.

Trial in the disciplinary board of the Union will commence with the presentation of the case by the reporter member. This member must have signed and placed his report in the file before the trial.
The reporter’s introduction will be followed by the presentations of the attorney concerned and his/her agents, if any. The party having made the complaint will be heard first. The party under disciplinary prosecution will be heard last.

The disciplinary board of the Union may uphold the decision under review, or decide to revoke the decision and send the file to the bar association concerned for a more comprehensive prosecution, or, in circumstances where a re-examination is not required, decide on the merits of the case by revoking a decision it does not deem appropriate.

(Amended as per Article 4667/674 dated 2 May 2001) The decisions made by the Disciplinary Board of the Union of Bar Associations of Turkey in response to 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 by the Ministry. 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 Disciplinary Board 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. However, decisions of warning, censure, and fine are final and not subject to the approval of the Ministry.

(Amended as per Article 4667/74 dated 2 May 2001) The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.
Discretionary appraisal of evidence, the purpose of dispensing punishment, and deduction of time

served from punishment [27]
Article 158 – The Disciplinary Board of the Union of Bar Associations of Turkey and the disciplinary boards of bar associations will appraise the evidence demonstrated at their discretion based on the impression they receive from the investigation and the trial.

(Amended as per Article 4667/75 dated 2 May 2001) In dispensing disciplinary punishment, these boards will keep in consideration the principles of safeguarding the honor, order, and traditions of the profession of attorneyship and the practice of the profession in accordance with its purpose and demands and with justice.

(Amended as per Article 3256/26 dated 22 January 1986) In the event that an attorney prohibited from practice is given a punishment of dismissal from employment for a definite period, the time lapsed under prohibition from practice will be deducted from his/her punishment.

Statute of limitations regarding prosecutions and penalties
Article 159 – No prosecution will be conducted if three years have lapsed as of the commission of the acts punishable with disciplinary penalty. Such time will not count if the affair has been handled by the board of directors.

No disciplinary penalty may be given if four-and-a-half years have lapsed as of the commission of the acts punishable with disciplinary penalty.
If the acts punishable with disciplinary penalty also constitute a crime and such crime is subject to a longer statute of limitations, such statute of limitations will be applied in lieu of the periods stated in the first and second paragraphs.

Enforcement of disciplinary decisions and clearing registers of penalties
Article 160 – (Amended as per Article 3256/27 dated 22 January 1986) Decisions of disciplinary penalty may not be enforced unless they have become final.
Attorneys who have received a disciplinary penalty other than disbarment and dismissal from work may apply to the disciplinary board five years after the enforcement of the penalties of warning, censure, and fine requesting the clearance of their registers of these penalties.

Provided that the attorney concerned has not received another disciplinary penalty during the period stated in the above paragraph, the clearance of his/her register of the former disciplinary penalties is decided; and the discipline section in the register file of the attorney is removed and a new one drawn up.

Expenses incurred for witnesses and expert witnesses
Article 161 – Every witness and expert witness summoned in connection with disciplinary action is entitled to an appropriate compensation for the time lost and the efforts spent. Those who have to travel to respond to the invitation will be reimbursed for their travel and accommodation expenditures, as well.

The complainant and the attorney under prosecution will pay the expenditures of the witnesses and expert witnesses whom they want heard in advance.

Expenses which cannot be imposed on the lawyer or a third party or can no longer be collected from the debtor will be borne by the bar association.

The complainant may be required to pay an advance amount from ten to two hundred Turkish Liras depending on the nature of the complaint and the scope of the disciplinary investigation and prosecution to be conducted. Should the advance amount prove insufficient, completion of the outstanding amount may always be requested. Action may be withheld until the payment of the advance amount and any outstanding amounts requested.

Collection of fines or expenses
Article 162 – Decisions regarding fines or the reimbursement of expenditures will be enforced in accordance with the provisions of the Enforcement and Bankruptcy Law regarding the execution of court decisions. Fines will be marked as revenue for the bar association.
Execution proceedings will be conducted in accordance with general provisions through the agency of an attorney to be appointed by the bar association.

PART ELEVEN:
Attorneyship Contract [28]

Scope of the attorneyship contract [29]
Article 163 – (Amended as per Article 4667/76 dated 2 May 2001) The attorneyship contract is drawn up at liberty. The attorneyship contract must cover a specific legal service and an amount or a value. Unwritten contracts will be proven in accordance with general provisions. Conditional contracts are valid provided that the conditions are not in contradiction of the law.

Contracts in excess of the attorneyship fee ceiling are valid at the ceiling value. Invalidity may not be claimed for a contract that has been carried out. The invalidity of an article will not invalidate the entire attorneyship contract.

Attorneyship fee [30]
Article 164 – (Amended as per Article 4667/77 dated 2 May 2001) The attorneyship fee represents the amount or value that the legal service is worth.
The attorneyship fee may be agreed as a certain percentage of the entity or money to be litigated or adjudicated, not to exceed twenty-five percent.

Contracts to be made in accordance with the second paragraph may not bear any terms to the effect that part of the non-monetary property and rights under litigation will be owned in kind by the attorney.
No agency fee may be agreed below the minimum attorneyship fee tariff. Cases of accepting a commission free of charge will be reported to the board of directors of the bar association. The minimum attorneyship fee tariff will be applied in lawsuits and cases for which an attorneyship fee has not been agreed and of which the value cannot be measured in terms of money.

An amount from five to fifteen percent of the value of the suit on the date of the dispute over the attorneyship fee, depending on the outcome of the suit and the amount of work put in by the attorney, will be adjudged as the attorneyship fee by an authority having the power to review objections to fees in lawsuits and cases the value of which can be measured in terms of money, the fee thus determined not being less than the minimum attorneyship fee tariff.

The attorneyship fee to be imposed on the opposite party at the end of the suit depending on the decision and the tariff belongs to the attorney. This fee may not be traded or deducted due to the client being in debt; nor may it be attached.

Joint and several liability for payment of attorneyship fee
Article 165 – (Amended as per Article 4667/78 dated 2 May 2001) In the case of the presence of more than one client, each client will be jointly and severally liable for the payment of the attorneyship fees of both parties in lawsuits and cases that have been concluded with an agreement between the parties by means of peaceful settlement or any other means whatsoever and thus not settled in court.

Lien of the attorney and priority of the attorneyship fee
Article 166 – An attorney may withhold the property, money, and all kinds of other securities given by or acquired on behalf of his/her client to the extent proportionate with the amount due to the attorney until the attorneyship fee and costs have been paid.

An attorney will have preference over other creditors on property retained or acquired by his/her client as a result of the attorney’s work, and on the money to be collected or the property to be taken from the opposite party to the suit as per the decision of the court, with regard to the attorneyship fee agreed by contract and adjudicated by the judge. The preference will take order of priority based on the date the power of attorney has been drawn up or, in the case of a general power of attorney, the date when the first official application has been made on behalf of the client in connection with the lawsuit or case for which the attorneyship fee is to be paid. (Additional sentences: Article 4667/79 dated 2 May 2001) In the event of the client’s bankruptcy, the attorneyship fee will also carry preference. However, the provision of the first paragraph of Article 206 of the Enforcement and Bankruptcy Law number 2004 dated 9 June 1932 is reserved.

When forcible execution of a court decision is initiated, the enforcement office will immediately serve a notice, to be drawn up at the same time as the execution order, to the attorney of the party requesting enforcement action whose name is indicated in the court decision, collecting the expense from the party requesting enforcement action. The subsequent stages of the execution may not commence until such notice is served. The provision of Article 59 of the Enforcement and Bankruptcy Law number 2004 dated 9 June 1932 will be applied with regard to the expenses to be incurred in connection with the notice to be served to the attorney.

In the event of the attorney’s death, the attorneyship fee claims inherited by his/her heirs will carry priority as do the claims of the attorney. However, the obligation to serve notice as per the third paragraph will not be applied to these persons.

Settlement of disputes through arbitration [31]
Article 167 – (Amended as per Article 4667/80 dated 2 May 2001) All disputes arising over attorneyship contracts and fees will be settled by the arbitration board of the bar association in the location where the legal assistance is rendered. The arbitration board will be composed of the senior judge of first instance in the judicial jurisdictional area where the bar association is located and two attorneys, with eligibility for the board of directors of the bar association, to be elected by the board of directors. The arbitration board will be chaired by the civil judge of first instance. The board members selected will serve for a term of three years. A member may be re-elected after his/her term expires.

One half of the arbitration fee must be deposited at the same time as the suit is filed. A facsimile of the decision of the arbitration board that has become final will be forwarded to the bar association with which the attorney is enrolled. The provisions of the Code of Civil Procedure, Number 1086 dated 18 June 1927 will be applied to arbitration affairs with the exception of Articles 527, 529, 532, 533/1, and 536. Other matters pertaining to arbitration will be provided for in the Arbitration Regulations for Bar Associations [32] to be published by the Union of Bar Associations of Turkey.

Preparation of the attorneyship fee tariff
Article 168 – (Amended as per Article 4667/81 dated 2 May 2001) In the month of September every year, the boards of directors of bar associations each prepare a tariff indicating the minimum limits of the attorneyship fees to be charged for actions in the juridical authority and other actions, and forward it to the Union of Bar Associations of Turkey.

The tariff to be prepared by the Board of Directors of the Union of Bar Associations of Turkey by taking into consideration the recommendations of the bar associations will be completed by the end of the month of October of the same year and submitted to the Ministry of Justice. The tariff will become final if no decision is made by the Ministry of Justice within one month as of the date of its receipt by the Ministry of Justice or if the tariff is approved by the Ministry. However, the Ministry of Justice will return a tariff it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. A tariff 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 it 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 paragraph of Article 8 will be applied here, as well, by analogy.
The tariff in effect on the date legal assistance was completed or a decision was passed at the end of the suit will be taken as the basis in the adjudication of the attorneyship fee. [33]

Amount of attorneyship fee to be imposed on the opposite party by the judicial authorities
Article 169 – (Amended as per Article 2329/2 dated 31 October 1980) The amount of the attorneyship fee to be imposed on the opposite party by the judicial authorities may not be less than or more than three times the amount indicated in the attorneyship fee tariff.
(Second paragraph abolished as per Article 4667/82 dated 2 May 2001)

Article 170 – (Abolished as per Article 3256/29 dated 22 January 1986)

Obligation to complete the job and delegation of others
Article 171 – (Amended as per Article 4667/83 dated 2 May 2001) Attorneys will follow the jobs they are commissioned with through to their completion in accordance with statutory provisions and regardless of the absence of a written contract.

If the power of attorney given to an attorney authorizes the delegation of others, the attorney may perform the job together with another attorney or delegate the job to another attorney unless otherwise stated expressly in the contract. If the power of attorney includes a general authorization to represent the client and delegate others in all suits to be filed and jobs to be followed up after the date it was drawn up, the attorney may perform the job together with another attorney or delegate another attorney to perform the job without having recourse to obtaining a separate power of attorney from the client in all suits and jobs after such date.

The attorney’s reponsibility to the client will continue in circumstances stated in the second paragraph. The attorney will be responsible both in person and jointly and severally with the other attorneys for the malpractice of and the damages caused by the other attorneys with whom he/she works together or to whom he/she has fully delegated the job. However, this provision will not be applied to attorneys who fully delegate their jobs to others because of an obligation to work elsewhere in one of the jobs stated in Article 12.

If an attorney has entered in partnership with other attorneys for the performance of a job, he/she may not claim a separate fee from the client for this arrangement; nor may the other attorneys claim any fee for same. If the job has been fully delegated to another attorney, the delegating and the delegated attorneys may claim from the client proportionate portions of the fee corresponding to their respective amounts of work, provided that the total does not exceed the contracted fee. However, if the delegating attorneys has received his/her fee in advance from the client, he/she is under the obligation to pay to the delegated attorney the amount which is in excess of the portion corresponding to the delegating attorney’s work.

Commissioning of another attorney by the client
Article 172 – The client may include other attorneys in the prosecution and defense stages of the job with the written consent of the attorney with whom he/she has made the initial contract.
The client will request the consent of the first attorney with a letter to be delivered or officially sent to the latter, giving him/her at least one week to respond. The absence of a response within the designated period will mean that consent has been granted by the attorney.

The attorneyship contract will be terminated of its own motion if the first attorney does not grant his/her consent. The client is under the obligation to pay the full attorneyship fee to an attorney who declines from giving consent.

In the event that other attorneys also participate in the performance of the job, the client may not curtail the fee of the first attorney. In such a case, the provision of the third paragraph of Article 171 will be applied regarding the responsibility of attorneys to clients.

Specificity of the attorneyship fee
Article 173 – Unless otherwise stated in the contract, the attorneyship fee agreed is exclusively for the specific job the attorney has undertaken; and cross-action, other suits and executory proceedings regardless of connection and relation, and all kinds of legal assistance will be subject to separate fees.
All taxes, duties, charges, and expenses required for the performance of the job commissioned to the attorney, or for obtaining the result of the job after performance will be under the responsibility of the client who will pay them to the attorney or where payable upon the first request by the attorney.

A sufficient amount must have been paidby the client to the attorney in advance in order that such expenses may be paid by the attorney. The travel expenses to be incurred by the attorney in connection with the job and any indemnities to which the attorney is liable for vacating a previous job position will be paid separately by the client in accordance with the relevant contract. The attorney may not be forced to travel unless such expenses are reimbursed in advance. Contracts to the contrary are permitted.

Discontinuation of work by the attorney, dismissal of the attorney, and default in the payment of the attorneyship fee
Article 174 – An attorney who discontinues the work he/she has undertaken without a rightful cause may not claim any fee and will be under the obligation to return any amounts he/she has received in advance.

The attorneyship fee will be paid in full if the attorney is dismissed. However, payment of the fee will not be required if the attorney has been dismissed due to his/her fault or negligence.
The attorney will not be obligated to commence work if the fee required to be paid to the attorney in advance is not paid. All kinds of liabilities to arise in this connection will rest with the client. The same provision will be applied with regard to liability if the attorney is disabled from performing the job and obtaining its result due to the non-fulfillment of the other payment obligations written in the contract.

Address of the client
Article 175 – Any and all notices served by the attorney to the address written in the power of attorney given by the client will be considered as having been delivered to the client in person. Changes of address will be communicated to the attorney by the client by registered mail within three days at the latest.

Liabilities to arise from the impossibility of serving notice at the client’s address or from failure to communicate the changes of address will rest with the client.

PART TWELVE:
Legal aid

Scope of legal aid [34]
Article 176 – (Amended as per Article 4667/84 dated 2 May 2001)
Legal aid is the rendering of the attorneyship services described in the present Law for the benefit of those who do not have the wherewithal to pay attorneyship fees and other adjudicatory expenses.

Legal aid office [35]
Article 177 – (Amended as per Article 4667/85 dated 2 May 2001)
Legal aid service is rendered by a legal aid office established at the headquarters of bar associations by the board of directors of the bar association with manning drawn from among its attorneys.The board of directors of the bar association may also designate an attorney as the representative of the legal aid office in jurisdictional areas outside the location of the bar association where more than five attorneys are available. The legal aid office and the representatives operate under the supervision of the board of directors of the bar association.

Request for legal aid [36]
Article 178 – (Amended as per Article 4667/86 dated 2 May 2001)
A request for legal aid will be made to the legal aid office or its representatives. The requestor must prove the rightfulness of the request by presenting evidence.
If the request for legal aid is rejected, the requestor may apply to the president of the bar association verbally or in writing. The decision of the president of the bar association will be final.

Administration of legal aid [37]
Article 179 – (Amended as per Article 4667/87 dated 2 May 2001)
If the request for legal aid is accepted, the legal aid office will assign one or more attorneys to carry out the actions required. An attorney thus assigned will be assume the obligation to render attorneyship services upon receiving the letter of assignment.

This obligation will cease to exist if the requestor fails to furnish the required documents and information despite a request or refrains from giving a power of attorney.
If the assigned attorney wishes to abstain from performing the job, he/she will be under the obligation to pay to the bar association the fee indicated for that job in the tariff within fifteen days as of the date he/she received notice of the assignment.

The legal aid office will monitor the progress of the work being done by the attorney assigned.
The provisions pertaining to legal aid in the Code of Civil Procedure, number 1086, dated 18 June 1927, the Code of Criminal Procedure, number 1412, dated 4 April 1929, and other statutes are reserved.

Revenues and expenses of the legal aid office [38]
Article 180 – (Amended as per Article 4667/88 dated 2 May 2001)
The revenues of the legal aid office are the following:
a) Three percent of the charges levied according to tariffs numbered 1, 2, and 3 under the Law of Charges, number 492, based on the total amounts determined on the basis of the final balances of accounts two years prior; and three percent of fines excluding fines of an administrative nature.
b) The shares of the bar association and the financial aid granted to the bar association by public and private agencies and organizations and from the budgets of provincial governments and municipalities.

c) All donations made for the purpose of legal aid.
d) The money to be deposited by attorneys in abstention.
e) Ten percent of the fee received by the attorney assigned with legal aid and five percent of the value adjudged in favor of the beneficiary of legal aid, other than the attorneyship fee.

The expenditures of the legal aid office are the following:
a) Fees to be paid where necessary to attorneys assigned with legal aid.
b) Salaries to be paid to personnel to be employed in the office.
c) Upkeep of the office and other expenses.

The revenues and expenditures of legal aid offices will be indicated in separate parts in the budget of the office. It is obligatory that the revenue surplus be carried over to the following year as is.
The allocation to be estimated in accordance with Subparagraph a of the first paragraph will be deposited in the account of the Union of Bar Associations of Turkey by the Ministry of Finance by the end of March every year. These funds will be used exclusively for legal aid and the money not spent during the intended year will be carried over to the following year as is. The provisions governing the distribution and utilization of these funds among the bar associations will be in accordance with the regulations [39] published by the Union of Bar Associations of Turkey.

Annual activity report and regulations [40]
Article 181 – (Amended as per Article 4667/89 dated 2 May 2001)
The legal aid office will submit a report on its work to the board of directors of the bar association at the end of every year. A copy of the report will be forwarded to the Union of Bar Associations of Turkey by the bar association.

Matters such as the establishment of the legal aid office, the designation of the attorneys to be assigned and the determination of their fees, the operation of the office, and its supervision will be addressed in the regulations [41] to be published by the Union of Bar Associations of Turkey.

PART THIRTEEN:
Miscellaneous Provisions

Regulations
Article 182 – (Amended as per Article 4667/90 dated 2 May 2001) The regulations covering the points left to be addressed in regulations and the other points that must be included in regulations in order to ensure the implementation of the present Law will be prepared by the Board of Directors of the Union of Bar Associations of Turkey and submitted to the Ministry of Justice. The regulations will become final if no decision is made by the Ministry of Justice within one month as of the date of their receipt by the Ministry of Justice or if the regulations are approved by the Ministry.

However, the Ministry of Justice will return a regulation it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. A regulation 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 it 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.

Notice to be served to public prosecutors
Article 183 – It is obligatory that the notices to be served to public attorneys in accordance with the present Law be accompanied by the relevant file.

Services to be counted toward seniority in attorneyship
Article 184 – Those who have made a transition to attorneyship from the services listed in the first paragraph of Article 4 will have their former length of service in these fields counted toward their seniority in attorneyship.

Provision for attorneys without a law degree
Article 185 – The provisions of the present Law other than PARTs TWO, FOUR, FIVE, SEVEN, EIGHT and NINE; and Article 65 will be applied by analogy to attorneys without a law degree, as well.
(Second paragraph abolished as per Article 4667/91 dated 2 May 2001)

Absolute requirement to join collective insurance
Article 186 – Attorneys other than those mentioned in Article 188 are under the obligation to join collective insurance as prescribed in Article 86 of the Social Security Law, number 506. However, this obligation pertains only to insurances of disability, old age, and death. Insurances of liability of employer, occupational diseases, sickness, and maternity are optional.
(Added as per Article 1238/2 dated 26 February 1970) The provisions of the Social Security Law, number 506; Law number 228 dated 5 January 1961; and the supplements and amendments thereto will be applied to attorneys subject to collective insurance provided that such provisions do not contradict the special provisions of the present Law.

Conditional requirement to join group insurance
Article 187 – Attorneys under the coverage of Provisional Article 2 are under the obligation to join collective insurance if they do not exercise their right of borrowing credit from the Retirement Fund of the Republic of Turkey for the payment of their premiums within the period indicated in the same Article.

Ineligibility for group insurance
Article 188 – (Amended as per Article 1238/1 dated 26 February 1970) Those employed in jobs subject to retirement, those covered by the Social Security Law, number 506 (including those who have taken out optional insurance as per Article 85 of the same Law), those who have exercised the right of borrowing as per Provisional Article 2, those receiving a retirement pension or a disability pension from the Retirement Fund of the Republic of Turkey, or those who have taken benefit of old age or disability insurance in accordance with the Social Security Law, number 506, and those affiliated with or have taken benefit of the funds operating in accordance with Provisional Article 20 of the same Law may not join collective insurance as prescribed in Article 186.

An attorney’s ineligibility for collective insurance will not constitute an impediment to his/her practice of the profession of attorneyship.
Article 189 – (Abolished as per Article 1238/6 dated 26 February 1970)

Consequences of non-payment of insurance premium
Article 190 – The name of an attorney who has not paid his/her collective insurance premiums at the time indicated in the collective policy will be deleted from the bar association directory by the decision of the board of directors of the bar association until he/she clears his/her accumulated debt of insurance premium under the conditions set forth in the collective policy; and the situation will be reported to whom it may concern.

The consequences of non-payment of insurance premiums will be specific to the person of the attorney who is in default; and no clause may be included in the contract extending such consequences to the other insured who have joined the same collective insurance policy or to the bar association. (Additional sentence as per Article 4667/92 dated 2 May 2001) The provision of Article 140 of the Social Security Law, number 506, dated 17 July 1964, may not be applied to bar associations.

Preparation of standard policy and joining group insurance
Article 191 – The standard insurance policy to serve as the basis for the insurance contracts to be concluded between bar associations and the Social Security Association in accordance with Article 86 of the Social Security Law, number 506, will be drawn up by means of discussions to be held between the Ministry of Labor, the Union of Bar Associations of Turkey, and the Social Security Association.
The provision in the above paragraph will also be applied to amendments to the standard policy.

Bar associations to be established after the entry into effect of the present Law will apply to the Social Security Association to conclude a collective insurance contract in accordance with the standard policy within one month as of the date of their establishment. Attorneys enrolled with a newly established bar association will join the collective insurance of their new bar association without losing the rights they have acquired in under collective insurance they had joined when enrolled with their former bar association.

Rescinded provisions
Article 192 – The attorneyship Law, number 3499, has been rescinded together with the supplements and amendments thereto, without prejudice to the provisions of Provisional Article 7.

Amended provisions of laws
Article 193 – (This Article is about the amendment of Articles 1, 4, and 5 of Law number 6207 dated 21 December 1953. The amendments have been inserted where appropriate in the mentioned Law.)

Amended provision of Law number 1086
Article 194 – (This Article is about the amendment of Article 61 of Law number 1086 dated 18 June 1927. The amendments have been inserted where appropriate in the mentioned Law.)

Counting of prior attorneyship services toward seniority upon employment in a job subject to retirement
Article 195 – (Amended as per Article 1238/1 dated 26 February 1970)
When an attorney who has joined collective insurance in accordance with the present Law and is still insured is appointed or elected to a position or service subject to retirement, his/her transition will be effected by adding three fourths [42] of his/her length of service in attorneyship contributing to his retirement to his/her seniority; and his/her monthly salary for duty or service and his/her salary taken as the base for calculating his insurance premium will be raised.

Articles 196 through 198 – (Abolished as per Article 1238/6 dated 26 February 1970)
Article 199 – (This Article is about the addition of one supplementary article each to the Municipal Code, number 1580, dated 3 April 1930; and the Law of General Administration of Provinces dated 13 March 1929. The newly introduced provisions have been inserted where appropriate in the mentioned Laws.)
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