FAQ

In Turkish Law, there is no obligation to represent the parties with a lawyer. However, as in every field, legal affairs also require expertise. In order not to lose your rights in the face of laws, statutes and regulations, as well as Supreme Court case law and court practices, you should seek legal assistance from a lawyer who has been specially trained in this field. For this reason, acting without the necessary knowledge and experience in legal matters may cause irreparable damages.

In fact, consulting a lawyer before taking your legal actions will prevent any legal problems you may encounter in the future, and will prevent your time, effort and financial losses if the case goes to court. It should be noted that judicial activities are also not free. On the other hand, a person facing an accusation has the right to hire a lawyer, to call him if he has a lawyer, not to speak without a lawyer, and to ask for a lawyer to be appointed if he has no money to hire a lawyer. Before each investigation, the accused or suspect must be reminded of this right. If a lawyer is requested by the accused or the suspect, a lawyer from the bar association is appointed. It is obligatory to have a lawyer in the proceedings of those under the age of 18 and the defendants with an upper sentence of 5 years or more. A lawyer is appointed even if they do not want it.

It should not be forgotten that our legal system; It is not based on being right, but on being able to prove one’s right. Therefore, the client who loses the case by being stuck between strict procedural provisions will not only lose his right, but will also have to bear all the litigation expenses and the attorney’s fee of the other party.

In our Law Office, the Minimum Fee Schedule of Advice between the Lawyer and the Attorney determined by the Kayseri Bar Association is valid, and flexibility can be provided in the fees provided that they are not below the Attorney’s Minimum Fee Schedule depending on the nature of the job.

It is not legally possible for a lawyer to get a job under the Minimum Tariff. (Law No. 1136, article 164)

In case of taking work contrary to this provision, the relevant lawyer may be faced with a disciplinary penalty and a special irregularity penalty in terms of taxation.

Power of attorney is a written document showing that the attorney has authorized in writing to act on his own behalf, limited to the follow-up of legal works and transactions of real or legal persons.

According to the explicit provision of the law, all judicial and legal works and transactions can be followed only by lawyers registered with the bar association, and it is not possible for a person who is not a lawyer to carry out these transactions.

Persons who will give a power of attorney to the lawyer can go to a notary with their identity card and have a power of attorney issued in accordance with the nature of the work. In order to issue a power of attorney, information about the attorney must be given to the notary public. In cases such as divorce, alimony, recognition and enforcement, some special elements of the power of attorney must be specified and included. For this reason, it is useful to consult with a lawyer before going to the notary on these issues. (Note: The examples and explanations of the power of attorney are written for brief information purposes, and the power of attorney may contain broader or narrower powers. Therefore, we do not have any legal commitment and responsibility for the information on this written page.)

There is no time period stipulated in the law for the conclusion of the cases in the Turkish Judicial System. However, as per the practice of the Ministry of Justice in the lawsuits filed at the moment, the target period for the completion of the lawsuits has been implemented. However, these target periods are foreseen for the completion of the proceedings in local courts and do not express the exact time.

The duration of your case; It may vary depending on the type of your case, the number of parties, the number of witnesses and various reasons. Although it is not binding on the court, you can see in your relevant court file the targeted period for the conclusion of your case, depending on the workload of the relevant court and the nature of your file, with the filing of the case.

Following your case by a lawyer can make this process faster and safer.

There is no such certainty in law. It is both de facto and legally impossible to make such a commitment in our country, which is living in one of the periods when legislation and case law changes rapidly and the rate of judicial error is relatively high.

As Fedailer Law Firm, we can undertake that we will carry out all the necessary work and transactions within the framework of professional rules, with the care and attention required by our profession, in order to provide the most ideal conditions offered by the law.

If you will not benefit from the support of a lawyer, please ask the following questions to your own cat;

a) Are you sure you have enough information to file a lawsuit?
b) Are you determined to pursue your case? Failure to follow up after filing may result in your case being dismissed or deemed pending.
c) Have you evaluated what kind of consequences would result if your case is negative?
If you have a lawyer, ask him to fully inform you about these matters;
a) What will your case cost you? (Litigation fees, expenses and attorney fees, etc.)
b) What will be the additional cost you will incur if you lose the case? (Litigation fee to be completed, attorney fees to be paid to the other party, court costs, etc.)
c) Are there any other legal methods that can be applied to remedy the injustice you have suffered?

You can apply in person, via e-Government or by mail, with the petition containing the subject of the complaint and accompanying documents (invoice, sales receipt, warranty certificate, contract, etc.).

In your written petition,

• What the goods or services you have purchased are or their characteristics,
• When the goods were delivered or when and where the service was provided,
• How much money you paid,
• What is the problem,
• What happens when you communicate the situation to the seller,
• Explain what you want done.

Although there is no application in the form of consultation by phone or e-mail in general, short answers can be given to your questions that do not require only legal opinion. However, the information you will receive in this way will never replace the information that will be presented to you by mutual interview. For this reason, you can make an appointment by contacting us from the contact information on our website, and thus, you can get much more useful information for yourself with a face-to-face meeting.