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* ATTORNEYSHIP LAW - The Republic of Turkey - Section 5 of 5
* ATTORNEYSHIP LAW - The Republic of Turkey - Section 5 of 5
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Attorneys employed with public agencies and organizations and state economic enterprises
Supplementary Article 1 (Added as per Article 3003/8 dated 8 May 1984)
Entry in the bar association directory is optional for those employed regularly and permanently as attorneys with public agencies and organizations and state economic enterprises. However, the provisions of the present Law regarding admission into the profession of attorneyship and the issuance of licenses will be applied as usual to attorneys in this status. In discharging their duties, such attorneys will have the same rights and obligations as those enrolled in the directories of bar associations.
Attorneys who will not enroll in the bar association will inform the bar association of this fact.
Attorneys who declare that they do not wish to be entered in the directory of the bar association will go through a decision process to be admitted into the profession of attorneyship and to have a license drawn up in their name only. The remaining actions prescribed by the Law will be carried out as usual.
Practicing the profession of attorneyship will only be possible by entry in the directory of the bar association in the event of departure from the duties mentioned in the first paragraph.
The disciplinary actions and penalties prescribed by the present Law in relation to attorneys will also be applied to the attorneys in the particular status described in this Article by the bar association in whose jurisdictional area such attorneys are permanently employed.
Representation abroad [43]
Supplementary Article 2 (Amended as per Article 4667/94 dated 2 May 2001)
Attorneys may participate in international meetings and conferences for the purpose of representing the Union of Bar Associations of Turkey or their respective bar associations by informing the Ministry of Justice.
Holding of elections
Supplementary Article 3 (Added as per Article 3003/8 dated 8 May 1984)
The actions regarding the election by closed vote of the organs of bar associations and the Union of Bar Associations of Turkey in accordance with the present Law will be conducted under jurisdictional control as per the following principles.
(Amended as per Article 4667/95 dated 2 May 2001) At least fifteen days before the general assembly meeting at which an election will be held, a list indicating the names of those of the attorneys enrolled with the bar association who have the right to participate in the general assembly in the case of bar association elections, and the names of the regular and alternate delegates elected by bar associations to participate in the general assembly as well as the names of the natural delegates in the case of the elections of the Union of Bar Associations of Turkey will be submitted in three copies to the judge serving as the chairperson of the local county election board together with a letter indicating the agenda, place, date, and time of the meeting and the points pertaining to the second meeting to be held if quorum is absent in the first. The judge will be assigned by the High Election Board if there is more than one county election board in a locality.
The timing of the meeting will be so arranged as to have the elections conducted under the supervision of the chairperson of the county election board after the termination of the discussions by taking into account the date of the meeting and the other items on the agenda. In bar associations with more than four hundred members, the discussions will be terminated on Saturday so that the elections can be started at nine AM on Sunday and voting ended at five PM.
The judge will approve the list indicating the names of the attorneys to participate in the elections and the other points stated in the above paragraph after examining any additional documents and records he deems necessary and having any discrepancies corrected. The approved list and other points pertaining to the meeting will be publicized for three days by being posted on the bulletin boards of the judiciary office and the bar association.
Objections raised against the list during the publicity periodwill be reviewed by the judge and decided definitively within two days at the latest.
Having thus become final, the lists and other points pertaining to the meeting will be certified and forwarded to the bar association cocerned or the Union of Bar Associations of Turkey.
The judge will appoint a ballot box board composed of a chairperson and two members from among public officials or attorneys who are not candidates. The judge will also appoint three alternate members on the same basis. The elder member will chair the board in the absence of the chairperson.
The ballot box board is charged with conducting the election as prescribed by the law, overseeing it, and counting the votes. This duty will continue uninterrupted throughout the election until the counting of the votes is completed.
In bar associations with more than four hundred members, there will be a ballot box for every four hundred people and a separate board will be formed for every ballot box. Increments of up to one hundred members will not be taken into consideration in determining the number of ballot boxes. The materials and supplies to be used in the elections will be obtained from the county election board. The locations of the ballot boxes will be determined by the judge.
Upon the completion of the election period, the election results will be recorded in a memorandum and signed by the chairperson and members of the ballot box board. If there is more than one ballot box, the memoranda will be consolidated by the judge.The provisional results of the election will be publicized by posting a facsimile of the memoranda at the place where the election was held. The ballots cast and the other documents will be delivered to the chairperson of the county election board together with a facsimile of the memorandum for safekeeping for three months.
Objections against actions conducted in the course of the election and against the election results made within two days as of the drawing up of the memorandum will be reviewed and decided by the judge with finality on the same day. The judge will announce the final results in accordance with the foregoing provisions immediately after the expiration of the objection period and the adjudication of the objections; and will report them to the bar association concerned and the Union of Bar Associations of Turkey.
(Amended as per Article 3464/2 dated 28 May 1988) The voting will be closed and the counting of the votes will be open. Attorneys whose names are not in the list may not vote. Votes will be cast after the verification of the credentials of the voter on the basis of an identification document issued by a bar association or an official entity and after he/she puts his/her signature against his/her name in the list.
The voting will take place by the insertion of a ballot prepared for all organs combined or separately for each in an envelope bearing the stamp of the county election board to be given by the chairperson of the ballot box board at the time of the voting. Ballots placed in other envelopes will be void. If a regular delegate has an excuse, an alternate delegate may participate in and vote at the general assembly meeting of the Union of Bar Associations of Turkey.
(Amended as per Article 4667/95 dated 2 May 2001) In the event the judge discovers an irregularity or an illegal action significant enough to impact the election results, he/she will decide the cancellation of that part of the election limited to the entity in connection with which the discovery was made. In such a case, the judge will set a future Sunday, not to be earlier than one month and later than two months, for the renewal of the election and will infor the bar association concerned or the Union of Bar Associations of Turkey accordingly. Only the election will take place on the date thus designated; and the electoral actions will be conducted in accordance with this Article and the other provisions set forth by the law.
The judge chairing the county election board and the chairperson and members of the ballot box board will receive fees for their services as prescribed by the Law on the Basic Provisions for Elections and Voter Records. These fees and the other expenses for the elections will be reimbursed out of the budget of the Union of Bar Associations of Turkey and the bar associations concerned.
Offenses committed against the chairperson and members of the ballot box board will be punished as if they have been committed against public servants.
Those who fail to observe the measures taken by the judge and the ballot box board in order to ensure the sound and orderly conduct of the elections will be punished with disciplinary penalties commensurate with the severity of their acts as prescribed by the present Law.
Inspection and Auditing
Supplementary Article 4 (Added as per Article 3003/8 dated 8 May 1984)
The Ministry of Justice has the authority to inspect the operational affairs andaudit the financial affairs of bar associations and the Union of Bar Associations of Turkey, in accordance with the provisions to be determined by regulations, to ascertain their conformity to legal provisions. Such inspection and auditing will be conducted by inspectors and auditors of the Ministry of Justice.
Temporary provisions
Provisional Article 1 (Amended as per Article 1238/1 dated 26 February 1970)
The initial standard policy to serve as a basis for the policies to be concluded between bar associations and the Social Security Association after 7 July 1969 in accordance with Article 86 of the Social Security Law, number 506, will be determined by means of discussions to be held among the Ministry of Labor, the Union of Bar Associations of Turkey, and the Social Security Association within three months as of the date of the first meeting to be held by the Union of Bar Associations of Turkey in accordance with Provisional Article 10 of the present Law.
The standard policy thus prepared will be disseminated to all bar associations within one week by the Union of Bar Associations of Turkey. Bar associations having in their enrollment attorneys with an absolute requirement to join collective insurance will apply to the Social Security Association within two months as of the date of their receipt of the standard policy in order to conclude a collective policy patterned after the standard policy. The policies will be put into effect not later than three months as of the date of application by the bar association.
A) Of the attorneys who were older than thirty years of age on the date they became subject to collective insurance, those who were not entitled to a pension under old age insurance due to their non-fulfillment of the conditions prescribed in Article 60 of the Social Security Law, number 506, but do meet the following conditions will receive an old age pension in accordance with the provisions in Article 61 of the Social Security Law as do those who have completed fifteen years of insurance:
a) Proving their enrollment as an attorney in the directory of the bar association for a minimum of two thousand days during the ten years preceding the date of commencement of their insurance.
b) Having paid an average of at least two hundred days worth of insurance premium every year during their insurance.
c) Having been insured for a minimum of five years.
The period of attorneyship mentioned in Subparagraph a will be determined by means of documents to be received from the respective bar associations and submitted to the Social Security Association not later than two years as of the date of commencement of insurance.
The right of the insured attorneys to claim damages from the chairperson and members of the board of directors of the bar associationconcerned in the event the bar associations refrain from drawing up the aforementioned documents certifying the length of service in attorneyship.
In the event the falsehood of the documents indicating length of service in attorneyship is established by a court decision, both the persons who prepared such documents and the insured concerned will be under the obligation to reimburse the Social Security Association with the damages it will sustain thereof together with a surcharge of fifty percent and legal interest.
Criminal proceedings will also be initiated against the latter.
B) Of the attorneys who were older than thirty years of age on the date they became subject to collective insurance, those who are older than fifty and determined to be prematurely aged but were not entitled to a pension under old age insurance due to their non-fulfillment of the conditions prescribed in Article 60 of the Social Security Law, number 506, will receive an old age pension in accordance with the provisions in Article 61 of the Social Security Law as do those who have completed fifteen years of insurance provided that they meet the conditions stated in Paragraph A.
Provisional Article 2 Of the attorneys whose total length of service countable towards retirement from the Retirement Fund of the Republic of Turkey is not less than fifteen years at the date of entry effect of the present Law,
A) (Amended as per Article 1238/3 dated 26 February 1970) Those who have departed prior to 7 July 1969 for any reason whatsoever from the official duty or service at which they paid retirement deductions may, in accordance with the following provisions, buy back and credit the full length of their past active service in attorneyship without a Social Security Association insurance, either, until 7 July 1969, or that portion of this period sufficient to add up to twenty-five years together with their former services countable towards retirement, provided that they are not receiving a retirement or disability pension.
Those buying back and crediting the full length of their past active service in attorneyship may maintain their relationship with the Retirement Fund of the Republic of Turkey in accordance with the provisions in Subparagraph B below. Those who do not wish to maintain their relationship with the Retirement Fund of the Republic of Turkey and those who have brought their length of service countable towards retirement up to twenty-five years by buying back and crediting past service will receive a retirement pension in accordance with the provisions below.
B) Those who have departed for any reason whatsoever from the official duty or service at which they paid retirement deductions on or after the date of entry into effect of the present Law may maintain their relationship with the Retirement Fund of the Republic of Turkey for a total period not to exceed thirty years.
In order to buy back and credit past service as stated in Subparagraph A, the attorney must apply to the Retirement Fund of the Republic of Turkey in writing through the bar association he/she is enrolled with within three months as of the date the respective bar association joined collective insurance. The amount to be bought back and credited will be equivalent to the total amount of the deductions (including the employers contribution) that ought to have been paid in accordance with the provisions of the Law of the Retirement Fund of the Republic of Turkey for the length of the period of active service in attorneyship until the date of entry into effect of the present Law, starting with the attorneys seniority at his/her most recent salary grade or allowance grade in the official duty or service where he/she formerly paid retirement deductions to the Retirement Fund of the Republic of Turkey, and assuming that the attorney has stepped through promotions of grade every two or three years depending on the minimum interval between promotions applicable to that particular official duty or service.
However, the deductions and the contribution of the employing organization will be calculated on the basis of the provisions of the Law of the Retirement Fund of the Republic of Turkey in effect in the past years to which they belong.
The sum of the period bought back and the periods of former official duty or service subject to the Retirement Fund of the Republic of Turkey may not exceed thirty years. Buying back any portion of the period of active service in attorneyship in excess of this figure is not permitted.
The amount to be bought back will be repaid either as a lump sum not later than one month from the date of the notice to be served by the Retirement Fund of the Republic of Turkey or in ten equal installments over ten years, depending on the attorneys declared choice. Attorneys who have recovered their deductions at their departure from their former official duty or service subject to the Retirement Fund of the Republic of Turkey will be under the obligation to return the entire amount, together with legal interest, to the Fund within the period of repayment of the lump sum or the first installment of the amount bought back. Those who do not return their deduction within the designated period may not benefit from the provisions of this Article.
Those who buy back and credit past service become entitled to a retirement pension in accordance with Law number 5434 based on the length of service to be calculated by adding the past service they bought back to their length of former official duty or service countable towards retirement, as of the date they have fully paid the amount they owe for crediting past service. A total period of twenty-five years is sufficient for entitlement to a retirement pension.
In the case of repayment in installments, disability pension or widow and orphan pension will be paid to the person or the entitled heirs of the attorneys who become disabled or die before repaying their debts in full, as of the beginning of the month following the disability or death, in accordance with the provisions of Law number 5434. However, each annual installment that has remained unpaid will be divided into twelve equal parts each of which will be deducted from the monthly disability pension or widow and orphan pension applicable to that year, the remaining amount of the pension being paid to the beneficiaries.
In the case of repayment in installments, the buying back status of those who default in the payment of an installment and fail to redeem their status within one month despite service of notice by the Retirement Fund of the Republic of Turkey will be terminated and action will be taken in accordance with the Law of the Retirement Fund of the Republic of Turkey by adding the period corresponding to their repaid installments to the length of their former official duty or service.
Those who are in receipt of a retirement or disability pension, and those whose entitled heirs are in receipt of a widow and orphan pension will also be paid a bonus in accordance with the provisions of the Law of the Retirement Fund of the Republic of Turkey based on their total length of active official duty or service preceding the period bought back.
In order to benefit from Subparagraph B, the attorney must have applied to the Retirement Fund of the Republic of Turkey in writing within one month following his/her departure from the official duty or service at which he/she was paying deductions to the Fund and must not be receiving a retirement pension or not have his deductions returned. For those benefiting from Subparagraph B through the reference of the second paragraph of Subparagraph A, this period will commence on the date they received notice of the acceptance of their request for buying back and crediting past service by the Fund.
The obligation to pay deductions to the Retirement Fund of the Republic of Turkey commences as of the beginning of the month following the date on which notice is served to the applicant of the acceptance of his/her application to benefit from Subparagraph B by the Fund. The deductions (including the employers contribution) will be paid in the first week of each month directly to the Retirement Fund of the Republic of Turkey or through a bank to be designated by the Fund.
The deduction and the employers contribution will be calculated on the basis of successive salary grades starting with the attorneys seniority at his/her most recent salary grade or allowance grade in the official duty or service where he/she formerly paid retirement deductions to the Retirement Fund of the Republic of Turkey, and assuming that the attorney has stepped through promotions of grade every two or three years depending on the minimum interval between promotions applicable to that particular official duty or service.
Relationship maintained with the Retirement Fund of the Republic of Turkey as per Subparagraph B will be terminated as of the beginning of the month following the date when the length of service countable towards retirement of the attorney concerned equals thirty years, when they request in writing the termination of their relationship with the Fund, when they die or become disabled under the Law of the
Retirement Fund of the Republic of Turkey, or when they default in repayment within the one-month period granted by the Fund as per the regulations governing buying back past service; and they, or their entitled heirs, will start receiving a retirement, disability, or widow and orphan pension in accordance with Law number 5434.
Those whose total length of service countable towards retirement is fifteen years or more including the period they bought back in accordance with Provisional Articles 3, 4, and 5 may benefit from the provision in Subparagraph B of this Article.
(Additional paragraphs as per Article 1238/3 dated 26 February 1970):
The adjustment of the pension levels of those benefiting from the provisions of this Article will be effected by adding the entire period they have bought back in accordance with Subparagraph A or the entire period have maintained their relationship with the Retirement Fund of the Republic of Turkey to their seniority at their most recent salary grade or allowance grade in the official duty or service, assuming that they have stepped, or are stepping, through promotions of grade every two or three years depending on the minimum interval between promotions applicable to that particular official duty or service.
Those who have let expire the one-month period set in the ninth paragraph of this Article for applying to the Retirement Fund of the Republic of Turkey may benefit from the provisions of this Article provided that they apply by 1 January 1971.
Provisional Article 3 (Amended as per Article 1238/1 dated 26 February 1970)
A portion, not to exceed fifteen years together with the periods previously bought back in accordance with other laws, of the length of active service in attorneyship spent without being subject to the Law of the Retirement Fund of the Republic of Turkey and without Social Security coverage, prior to the official duty or service at which retirement deductions were paid, by those who were a participant in the Retirement Fund of the Republic of Turkey as of 7 July 1969, or between this date and the date of 1 January 1971, will be added to their length of service countable towards retirement provided that they buy back and credit past service in accordance with the provisions in the article added to Law number 5434 as per Article 5 of Law number 545 dated 23 February 1965. However, the amount to be paid by these people will be determined in proportion to the premiums and payments valid during the period which has been bought back.
The person concerned must apply to the Retirement Fund of the Republic of Turkey in writing by 1 April 1971 in order to benefit from the provision of this Article.
Provisional Article 4 (Amended as per Article 1238/1 dated 26 February 1970)
A portion, not to exceed fifteen years together with the periods previously bought back in accordance with other laws, of the length of active service in attorneyship of those who were a participant in the Retirement Fund of the Republic of Turkey as of 7 July 1969, or between this date and the date of 1 January 1971, spent without subjection to the Law of the Retirement Fund of the Republic of Turkey and without Social Security coverage, followed by a term of official duty or service at which retirement deductions were paid, and preceded by an earlier term of official duty or service subject to retirement, thus falling between two periods of relationship with the Retirement Fund of the Republic of Turkey, will be added to their length of service countable towards retirement as per Provisional Article 3 provided that they borlanmak in accordance with the provisions in the same article.
The provision of the last paragraph of Provisional Article 3 will be applied in this case, as well.
Provisional Article 5 If the attorneys falling under the coverage of Provisional Articles 2, 3, and 4 have also rendered services covered by the Social Security Association before the period of active service in attorneyship they have bought back, the services covered by the Social Security Association will be combined with the services covered by the Retirement Fund of the Republic of Turkey (including the length of past service bought back) in accordance with the provisions concerning receipt of pension in Law number 228 dated 5 January 1961.
The terms of Provisional Article 3 will be applied by analogy to those wishing to benefit from the provision of this Article regarding the manner and continuance of their application to the Retirement Fund of the Republic of Turkey.
Provisional Article 6 Attorneys registered with the Attorneys Benefit Fund on the date of entry into effect of the present Law may request to have their registration cancelled by applying to the bar association they are enrolled with.
The manner of reimbursement of the claims due in the Attorneys Benefit Fund to those whose registrations are cancelled in accordance with the above paragraph, depending on their periods of membership and the assets in the fund, will be determined by a regulation to be prepared by the board of directors of the bar association concerned and approved by its general assembly within three months as of the date of entry into effect of the present Law.
Provisional Article 7 (Abolished as per Article 2178/8 dated 30 January 1979)
Provisional Article 8 Those who have graduated from a school or faculty of political sciences and have passed examinations in the outstanding courses at a faculty of law before the entry into effect of the present Law will be treated as graduates of a faculty of law for the purposes of implementation of the present Law.
Provisional Article 9 Those who have served as a chief registrar graduate in law at the Court of Cassation for a minimum of four years before the entry into effect of the present Law will be exempt from the condition in Article 3, Subparagraph c.
Provisional Article 10 The president of the Bar Association of Ankara will request bar associations to elect and send delegates to the first general assembly that will convene in Ankara within two months as of the date of entry effect of the present Law to elect the president of the Union of Bar Associations of Turkey and the regular and alternate members of the board of directors, the disciplinary board, and the audit board of the Union. This request will be disseminated at least one month before the date of the meeting of the general assembly and will include information on the place, date, and time of the meeting, as well. On the scheduled day, the president of the Bar Association of Ankara will open the meeting and step down for the eldest delegate.
Provisional Article 11 Those who had their novitiate, stated in Articles 2 and 7 of Law number 708 and Article 6 of Law number 2573, completed as of the date of entry into effect of the Attorneyship Law, number 3499, may be entered in the directory of a bar association if they satisfy the conditions indicated in Subparagraphs a, b, and c of Article 3 and in Article 5.
Graduates of the Medresetulkuzat [the Ottoman university for judges]and the Nvap Mektebi [the Ottoman school for substitute judges] will be treated as law graduates in the implementation of the present Law.
Provisional Article 12 No license of attorneyship without a law degree will be issued after the entry into effect of Law number 3499 and the present Law; and no license of attorneyship will be issued on the basis of Article 5 of Law number 708.
However, those who have completed four years of service in the branches of judge or prosecutor in terms of the combined lenths of their services before and after the entry into effect of Law number 3499 although they have not graduated from a law school or a faculty of law will be issued an attorneyship certificate by being held exempt from the provisions in Subparagraphs b and c of Article 3. This provision will not be applied to those who have been dismissed from their duties for reasons concerning their personal records.
Provisional Article 13 Those holding a license of attorneyship without a law degree on the date of entry into effect of Law number 3499 may practice representation in places where five attorneys are not available. The vested rights are preserved of those who were practicing attorneyship without a law degreee in accordance with Provisional Article IV of Law number 3499 in places where five attorneys were not available before the date of entry into effect of Law number 3499.
(Amended as per Article 4667/96 dated 2 May 2001) In order to be able to practice their profession, attorneys without a law degree must be entered in a list maintained by the bar association to which their locality is attached. Bar associations are under the obligation to make a decision within one month as to the the acceptance of rejection of an application made for an entry in the list. If no decision or a decision of rejection is made within this period, the applicant may raise an objection with the Board of Directors of the Union of Bar Associations of Turkey at the end of the one-month period if no decision has been made, or within fifteen days as of the date of notification if a decision of rejection has been made.
These 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 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.
An entry in the list will entail the same consequences as enrollment with the bar association as far as exercising the rights and privileges granted to, and being subject to the obligations imposed upon attorneys without a law degree by the present Law.
The manner of preparation of the lists by bar associations; the actions regarding application for an entry in the list; the manner of dissemination of the list to courts, public prosecutors, enforcement and bankruptcy offices and other official authorities; and the manner of deletion from the list will be indicated in regulations referred to in Article 182 of the present Law.
Provisional Article 14 Bar associations established in accordance with Law number 3499 and the supplements and amendments thereto will continue their operations in accordance with the provisions in the present Law.
Provisional Article 15 The minimum fee tariff to be prepared in accordance with Article 168 will be accomplished within six months as of the date of entry into effect of the present Law. The former tariff will be applied until the new one enters into effect.
Provisional Article 16 The files in the custody of the Attorneyship Ethics Council will be taken over and kept by the President of the Bar Association of Ankara to be turned over to the Disciplinary Board of the Union of Bar Associations of Turkey when the latter assumes its duties.
Provisional Article 17 Persons who have worked for a minimum of ten years as a chief clerk, clerk of record, assistant clerk of record; or an enforcement officer or a deputy enforcement officer with judicial authorities, public prosecutors offices, and enforcement offices may render services in lawsuits and cases restricted to civil courts and enforcement and bankruptcy offices in places where a minimum presence of three attorneys or attorneys without a law degree is not available if they possess the qualifications other than those regarding education, apprenticeship, and examination stated in Article 3 of the present Law and are not impeded by the conditions stated in Article 5, provided that they are entered in the list maintained by the bar association to which their locality is attached.
Such persons will be under the obligation to open an office in the place where they are authorized to render restricted attorneyship services not later than three months as of the date of their entry in the list. The names of those who fail to fulfill this obligation will be deleted from the list.
Those who were practicing attorneyship in accordance with the last paragraph of Article 61 of the Code of Civil Procedure, number 1086, before the date of entry into effect of the present Law will continue their practice restricted to the civil courts and enforcement and bankruptcy offices in their locality regardless of the condition regarding former service in the field of justice provided that they possess the remaining qualifications stated in the first paragraph, by having their names entered in the list maintained by the bar association to which their locality is attached. However, those whose names have been deleted from the list for any reason may not be re-entered in the list unless they possess all the qualifications stated in the first paragraph. Persons in this status will be under the obligation to apply for the entry of their names in the list not later than three months as of the date of entry into effect of this Article and to open and office not later than three months as of the date of their entry in the list. Otherwise they will not be entered in the list, and their names will be deleted if already entered in the list.
(Amended as per Article 1238/4 dated 26 February 1970) The right to practice attorneyship without a law degree in accordance with the foregoing paragraphs will automatically cease to exist when the number of attorneys or attorneys without a law degree in that place reaches three. An entry previously made in the list will be maintained by annotating the destination of the person concerned if he/she relocates his/her practice by opening an office in another locality within the jurisdictional area of the same bar association where three attorneys or attorneys without a law degree are not available within three months as of the date of cessation. If the person concerned applies to another bar association within the three-month period, he/she may continue practicing attorneyship by having his/her personal file brought over and name entered in the list of the new bar association, the persons entry being deleted from the list of his/her former bar association. The persons name will be deleted from the list if he/she does not relocate his/her practice by opening an office in another locality within the jurisdictional area of the same bar association within the three-month period or does not apply for transfer to another bar association within the same period.
The provision of the second paragraph of Provisional Article 13 regarding applications for an entry in the list will be applied by analogy to persons in this status, as well.
The points mentioned in the last paragraph of Provisional Article 13 regarding the list, and the contents of the certificate of authorization to be issued to those who will practice attorneyship in accordance with this Article will be indicated in the regulations referred to in Article 182 of the present Law.
The provisions of the present Law other than those in PARTs TWO, FOUR, FIVE, SEVEN, EIGHT, NINE, ELEVEN and TEN; and Articles 49, 57, 58, 59, 60, 61, 62, and 65 will be applied by analogy to the persons covered by this Article, as well.
The persons covered by this Article will not pay the dues of admission and annual dues charged by bar associations.
(Amended as per Article 1238/4 dated 26 February 1970) The third paragraph of this Article will be abolished on 7 July 1977.
Provisional Article 18 (Amended as per Article 1238/5 dated 26 February 1970)
The adjustment of the pension levels of the persons concerned will be effected by evaluating two thirds of the length of past service bought back and credited in accordance with Provisional Articles 3 and 4 and added to the length of service countable towards retirement at increments of two or three years depending on the minimum interval between promotions applicable to their current official duty or service; and their monthly salaries for official duty or service, as well as their monthly salaries on which their retirement deductions will be based, will thus be raised.
Provisional Article 19 (Added as per Article 2442/2 dated 1 April 1981)
Lawsuits being litigated in martial law military courts by those indicated in Article 1 and the paragraph appended to Article 14 of the Attorneyship Law on the date of entry into effect of the present Law will be transferred within three months in accordance with the provisions of the Attorneyship Law.
Provisional Article 20 (Added as per Article 4765/1 dated 25 June 2002)
The provisions of Article 11 will not be applied to those who were working as teachers in schools of primary or secondary education and concurrently practicing the profession of attorneyship as well as those who were in the same status and were serving an attorney apprenticeship prior to 10 May 2001.
Supplementary Provisional Article 1 (Added as per Article 2329/3 dated 31October1980)
After the entry into effect of the present law, the rate of one pro mille will be applied, regardless of the tariffs in effect, in the calculation of the proportional attorneyship fee to be adjudged for that portion of the value or amount under litigation which is in excess of one billion Turkish Liras regarding the suits to be filed and legal assistance to be initiated by the time the first tariffs to be prepared in accordance with the provisions of revised Article 168 become effective.
Date of entry into effect of the present Law
Article 200 The present Law will enter into effect three months after the date of its publication.
Enforcement authority of the present Law
Article 201 The present Law will be implemented by the Council of Ministers of Turkey.
PROVISIONAL ARTICLES NOT POSTED IN THE MAIN LAW NUMBER 1136 DATED 19 MARCH 1969
1) Provisional articles of Law number 3256 dated 22 January 1986
Provisional Article 1 Subparagraphs A and B prescribe the rights to be granted to those in respect of whom the indicated actions were taken in accordance with Article 11 of the Attorneyship Law, number 1136, before the date of entry into effect of the present Law on the grounds of employment as a teacher in schools of primary education which was incompatible with attorneyship and attorney apprenticeship.
A) Those whose names were deleted from the bar association directory in accordance with Article 72, Subparagraph b of the above-mentioned Law due to their served apprenticeship being considered void, and those whose requests for enrollment in the bar association were rejected for the same reason despite their having been issued an apprenticeship completion certificate; those who could not enroll in a bar association because the decision of acceptance of their request by the board of directors of the bar association was not approved by the Ministry of Justice, or those who chose not to enroll may be enrolled in a bar association and practice attorneyship if they submit an application provided that they are not otherwise impeded.
B) Those whose names were deleted from the apprentice roster may be re entered in it if they submit an application within three months as of the date of entry into effect of the present Law, provided that they are not otherwise impeded, and may continue their apprenticeship with the revalidation of the formerly served portion of their apprenticeship. Actions of deletion will be waived for those whose status requires such deletion provided that they are not otherwise impeded.
Those whose names were deleted from the bar association directory in accordance with Article 72, Subparagraph b of the Attorneyship Law, number 1136, due to their served apprenticeship being considered void, and those whose requests for enrollment in the bar association were rejected for the same reason despite their having been issued an apprenticeship completion certificate; those who could not enroll in a bar association because the decision of acceptance of their request by the board of directors of the bar association was not approved by the Ministry of Justice, or those who chose not to enroll on the grounds of being engaged in activities incompatible with attorneyship and attorney apprenticeship in accordance with Article 11 of the same Law before the date of entry into effect of the present Law may be enrolled in a bar association if they submit an application provided that they have disengaged themselves from activities incompatible with attorneyship and are not otherwise impeded.
Those who have been enrolled with a bar association after serving an attorney apprenticeship in this manner will not be deleted from the attorney roster, either, provided that they are not engaged in any activity incompatible with attorneyship and are not otherwise impeded. Those whose names were deleted from the apprentice roster will be re entered in it if they submit an application within three months as of the date of publication of the present Law, provided that they have disengaged themselves from activities incompatible with attorneyship and are not otherwise impeded, and will continue their apprenticeship with the revalidation of the formerly served portion of their apprenticeship. Actions of deletion will be waived for those whose status requires such deletion provided that they are not otherwise impeded.
Regarding those who served or were serving their attorney apprenticeship while engaged in an activity incompatible with attorneyship before the date of entry into effect of the present Law,
a) No criminal prosecution will be conducted.
b) Prosecutions previously initiated will be discontinued.
The penalties to which these persons have been sentenced shall be pardoned.together with their consequences.
The provisions of the Attorneyship Law pertaining to denial of admission into attorneyship, forfeiture of license by recovery, and permanent deletion from the roster will not be applied on the grounds of the aforementioned convictions to attorneys and apprentices whose punishments have thus been pardoned with all their consequences.
Provisional Article 2 The first meeting of the general assembly after the date of entry into effect of the present Law will be held in the first week of the month of October in the second year following the date of its publication.
Provisional Article 3 Those who were members on the disciplinary boards of bar associations or board auditors with bar associations or the Union of Bar Associations of Turkey on the date of entry into effect of the present Law will continue to serve in the same positions until the first meeting of the general assembly in which the board of directors will be elected.
Provisional Article 4 Those who have graduated from a school or faculty of political sciences and have passed examinations in the outstanding courses at a faculty of law before the entry into effect of the present Law will be treated as graduates of a faculty of law for the purposes of implementation of the present Law.
2) Provisional articles of Law number 4667 dated 2 May 2001
Provisional Article 1 The provisions prescribed in the present Law regarding the final examination at the end attorney apprenticeship will be applied to those who will apply for attorney apprenticeship after the publication of the present Law.
Those whose names were deleted from the bar association directory in accordance with Article 72, Subparagraph b of the Attorneyship Law, number 1136, due to their served apprenticeship being considered void, and those whose requests for enrollment in the bar association were rejected for the same reason despite their having been issued an apprenticeship completion certificate; those who could not enroll in a bar association because the decision of acceptance of their request by the board of directors of the bar association was not approved by the Ministry of Justice, or those who chose not to enroll on the grounds of being engaged in activities incompatible with attorneyship and attorney apprenticeship in accordance with Article 11 of the same Law before the date of entry into effect of this
Article may be enrolled in a bar association if they submit an application provided that they have disengaged themselves from activities incompatible with attorneyship and are not otherwise impeded. Those who have been enrolled with a bar association after serving an attorney apprenticeship in this manner will not be deleted from the attorney roster, either, provided that they are not engaged in any activity incompatible with attorneyship and are not otherwise impeded.
Those whose names were deleted from the apprentice roster will be re entered in it if they submit an application within three months as of the date of publication of the present Law, provided that they have disengaged themselves from activities incompatible with attorneyship and are not otherwise impeded, and will continue their apprenticeship with the revalidation of the formerly served portion of their apprenticeship. Actions of deletion will be waived for those whose status requires such deletion provided that they are not otherwise impeded.
Regarding those who served or were serving their attorney apprenticeship while engaged in an activity incompatible with attorneyship before the date of entry into effect of the present Law,
a) No criminal prosecution will be conducted.
b) Prosecutions previously initiated will be discontinued.
The penalties to which these persons have been sentenced shall be pardoned.together with their consequences.
The provisions of the Attorneyship Law pertaining to denial of admission into attorneyship, forfeiture of license by recovery, and permanent deletion from the roster will not be applied on the grounds of the aforementioned convictions to attorneys and apprentices whose punishments have thus been pardoned with all their consequences.
Provisional Article 2 The provision in the first paragraph, revised by the present Law, of Article 77 will not be applied to bar associations established on the date of entry into effect of the present Law.
Provisional Article 3 The regulations to be prepared in accordance with the present Law will be issued within six months as of its date of entry into effect.
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Subscripts
[1] The provision of the Attorneyship Law, Article 3, Paragraph dshall not be applied to those who were students at faculties of law as of 10 May 2001. Nor shall the latter be required to take an attorneyship examination. (Refer to Law number 4765, Article 1)
[2] A new Paragraph d has been added to this Article with Law number 4667 dated 2 May 2001 and the former Paragraphs d and e have been renumbered as e and f respectively.
[3] The provisions of Article 11 shall not apply to those who were practicing the profession of attorneyship together with teachership in primary and secondary schools prior to 10 May 2001 as well as those having the same status and serving apprenticeship. (Refer to Law number 4765, Article 1)
[4]This provision will go into effect on 10 May 2002. (Refer to Law number 4667 dated 2 May 2001, Article 97)
[5] There is no Paragraph f in Article 3 revised as per Law number 2178 dated 30 January 1979, Article 1. The reference to this Article should be regarded as being made to Article 3, Paragraph e.
[6] The Attorney Apprenticeship Regulations of the Union of Bar Associations of Turkey has been published in the Official Gazette issue 24615 dated 19 December 2001.
[7] The heading of this article has been changed from Apprentices assuming power of attorney to its current wording as per Law number 4667 dated 2 May 2001.
[8] The Apprenticeship Credit Regulations of the Union of Bar Associations of Turkey has been published in the Official Gazette issue 24615 dated 19 December 2001.
[9] The Apprenticeship Examination Regulations of the Union of Bar Associations of Turkey has been published in the Official Gazette issue 24599 dated 30 November 2001.
[10] This provision will go into effect on 10 November 2001.
[11] The heading of this Article has been amended from Working together as a shared attorney office to its present wording as per Law number 4667 dated 2 May 2001.
[12] The Attorney Partnership Regulations of the Union of Bar Associations of Turkey has been published in the Official Gazette issue 24594 dated 25 November 2001.
[13] The Prohibition of Publicity Regulations of the Union of Bar Associations of Turkey has been published the Official Gazette issue 24583 dated 14 November 2001.
[14] Refer to Supplementary Article 1 for the implementation of this provision.
[15] Refer to Supplementary Article 1 for the implementation of this provision.
[16] The expression to the Council of State appearing in this paragraph has been amended as administrative judicial authorities by Article 28 of Law number 3256 dated 22 January 1986.
[17] The heading of this Article has been amended from Deletion from directory to its present wording as per Law number 4667 dated 2 May 2001.
[18] Refer to Supplementary Article 4 for the implementation of this provision.
[19] This paragraph has been edited by combining Article 4 of Law number 4276 dated 18 June 1997 with the ninth and tenth paragraphs; and has been inserted in the text as the ninth paragraph.
[20] Refer to Supplementary Article 3 for the election of the organs.
[21] Refer to Supplementary Article 2 for the implementation of this provision.
[22] A new Subparagraph 17 has been inserted in this Article as per Article 59 of Law number 4667 dated 2 May 2001 and the existing Subparagraph 17 has been renumbered as Subparagraph 18.
[23] Refer to Supplementary Article 2 for the implementation of this provision.
[24] The expression ... or committed for trial due to crimes against the personality of the State or one of the offenses of bribery, fraud, larceny, swindling, betrayal of confidence, and perjury... has been cancelled by Constitutional Court decision 12/6 dated 1 March 1985.
[25] The expression ... for whom a warrant of arrest has been issued... has been deleted as per Article 72 of Law number 4667 dated 2 May 2001.
[26] The expression ... by the Ministry... appearing in this paragraph has been changed to ... by the Disciplinary Board of the Union of Bar Associations of Turkey... and the amendment has been inserted in the text. Refer to Article 72 of Law number 4667 dated 2 May 2001.
[27] The heading of this Article has been changed as per Article 26 of Law number 3256 dated 22 January 1986 and inserted in the text.
[28] The heading of PART ELEVEN of the present Law has been changed from Attorneyship Fee to its present wording as per Article 76 of Law number 4667 dated 2 May 2001.
[29] The heading of this Article has been changed from Agreement at liberty on the attorneyship fee to its present wording as per Article 76 of Law number 4667 dated 2 May 2001.
[30] The heading of this Article has been changed from Scope of the contract fee to its present wording as per Article 77 of Law number 4667 dated 2 May 2001.
[31] The heading of this Article has been changed from Suits to be filed by attorneys on attorneyship fees to its present wording as per Article 80 of Law number 4667 dated 2 May 2001.
[32] The Arbitration Regulations of the Union of Bar Associations of Turkey has been published the Official Gazette issue 24583 dated 14 November 2001.
[33] The Minimum Attorneyship Fee Tariffprepared by the Union of Bar Associations of Turkey has been published the Official Gazette issue 24603 dated 4 December 2001.
[34] The heading of this Article has been changed from Legal aid office to its present wording as per Article 84 of Law number 4667 dated 2 May 2001.
[35] The heading of this Article has been changed from Establishment of the legal aid office to its present wording as per Article 85 of Law number 4667 dated 2 May 2001.
[36] The heading of this Article has been changed from Duties of the legal aid office and the attorney charged with legal aid to its present wording as per Article 86 of Law number 4667 dated 2 May 2001.
[37] The heading of this Article has been changed from Obligation to furnish evidence for entitlement to legal aid to its present wording as per Article 87 of Law number 4667 dated 2 May 2001.
[38] The heading of this Article has been changed from Revenues and expenditures to its present wording as per Article 88 of Law number 4667 dated 2 May 2001.
[39] The Legal aid Regulations of the Union of Bar Associations of Turkey has been published the Official Gazette issue 24583 dated 14 November 2001.
[40] The heading of this Article has been changed from Annual activity report to its present wording as per Article 89 of Law number 4667 dated 2 May 2001.
[41] The Legal aid Regulations of the Union of Bar Associations of Turkey has been published the Official Gazette issue 24583 dated 14 November 2001.
[42] The expression two thirds has been replaced with three fourths and the change has been inserted in the text. Refer to Article 4667/93 dated 2 May 2001.
[43] The heading of this Article has been changed from Permission to travel abroad to its present wording as per Article 94 of Law number 4667 dated 2 May 2001.
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2003 Iranian Bar Associations Union
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