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Frequently Asked Questions

Do I need to pay a fee to ask a lawyer a question?

Asking a question to a lawyer is not free of charge, but legal consultancy service is of course subject to a fee like any other service. In other words, if the answers to the questions asked to the lawyer are within the scope of legal consultancy, the legal fee will have to be paid.

What is the minimum legal consultancy fee?

In the Minimum Attorneyship Fee Tariff (AAÜT), published by the Union of Turkish Bar Associations (TBB), the lower limit of any legal consultancy fee is determined and it is forbidden for the lawyer to serve below this fee. Just like the minimum wage amount to be received by the workers is determined by the state under the name of minimum wage every year. In practice, consultancy fees are generally determined from this lower limit.

It is possible to reach the said tariff by doing an internet search in the form of “Lawyer Minimum Fee Tariff for the year ….” or from the website of the Union of Turkish Bar Associations.

I want to file a lawsuit, in this case, do I have to pay a legal consultancy fee?

In case of applying to a lawyer to file a lawsuit directly, no additional legal consultancy fee will be required. The lawyer will already receive the fee determined for the case according to the minimum attorney fee schedule, and this fee includes informing the client about the case.

How does the process work?

Upon the client’s application for legal consultancy service, the information and documents subject to the application are obtained from the client by our assistants. According to the subject of the dispute, the file is delivered to our expert lawyers. Then, according to the client’s request for an interview (face-to-face, online, telephone, video chat, e-mail and correspondence), an appointment is made by our assistants and professional legal service is provided to the client by our expert lawyers. Upon request, a written report is kept at the end of the meeting and a copy is delivered or sent to the client. In this way, our clients will have a written document in their hands in case they forget the information they learned from our lawyers.

We hear/see that there are free legal consultancy services in practice, so why should we pay for consultancy?

First of all, it should be noted that it is forbidden to provide free consultancy, and those who provide such a service are not even lawyers in general. The best answer to this question was given by our ancestors many years ago as “The stew of cheap meat is bland”. Lawyers need to earn money just like everyone else, but instead of getting professional services from lawyers who are experts in their fields, free consultancy should not be opened, such as filing cases that should not be filed, opening the case incorrectly, the lawyer earns more (due to the fact that the litigation fees are much higher than the consultancy fees), but the client is much more unrecoverable in the future. may cause major damage. When you say that you don’t pay a consultancy fee, you may have to pay much larger costs such as litigation costs and attorney fees, and you may cause your case to take months or even years longer. For this reason, it is always recommended to seek professional service from lawyers who are experts in their fields.

What do you recommend to your clients?

Considering the fact that the cases take a long time in Turkey, the consultancy fees are much less than the litigation fees, and the litigation costs are charged to the wrongful party in the case, that is, the losing party, deciding to file a lawsuit directly without consulting an expert lawyer can have very serious consequences. If you file a lawsuit that you lose, you may not only be able to pay much more to your lawyer (because the lawsuit fees are much higher than consultancy fees), but you may also have to pay all litigation costs. For this reason, consulting an expert lawyer before filing a lawsuit will protect you, just like getting insurance, and will prevent you from experiencing much greater losses. In this direction, our recommendation is to get professional consultancy services from lawyers who are experts in their fields before filing a lawsuit. In case of litigation, the fee to be demanded by the attorney pursuant to the AAÜT includes informing the client about the case in the litigation fee, so it is best to get professional legal service by agreeing with your attorney that “if it is decided to file a lawsuit at the end of the meeting, only to pay the lawsuit fee, but if it is decided not to file a lawsuit, only to pay the consultancy fee”. It will be the right and safe solution. In this way, even if the clients decide to file a lawsuit at the end of the meeting, they will not have to pay both a lawsuit fee and a consultancy fee.

Do I have to meet with my lawyer face to face?

No you are not. Lawyers also benefit from developing technologies like everyone else. You can also consult your lawyer online, by phone, video chat, e-mail and correspondence. Although these methods are sometimes not as effective as face-to-face communication, remote meetings have been recommended for a long time, especially due to the corona virus.

Will the information I provide remain confidential? Can my lawyer share this information with someone else?

All kinds of information must be kept confidential within the scope of attorney-client confidentiality, the Attorneyship Law, ethical rules and KVKK, and attorneys have an obligation to keep secrets. Just like our physicians and psychologists, all the information you share is under the assurance of lawyers. In other words, it will not be possible to share the said information with third parties.

How should I choose my lawyer?

Lawyers in Turkey have the authority to provide services in all kinds of subjects and branches, and there is no need for them to receive specialization in the field that we want to serve, such as neurosurgeons, dermatologists, plastic surgeons and the like. However, this does not mean that lawyers are experts in everything. For this reason, it will be the most accurate and safest solution to work with a lawyer who is an expert in the field and field you want to receive service in order to receive a qualified service and not to experience greater losses in the future. For example, to open a divorce case, it is necessary to consult a lawyer who is specialized in family law, while to open a reemployment lawsuit, consulting a lawyer who is expert in the field of labor law will ensure that you receive a qualified and professional service. Our areas of expertise are available on our website, and most law firms include their areas of expertise on their websites.

I have received a notification at my home/workplace, what should I do?

Depending on the nature and content of the notification, it may be necessary to take various actions such as objecting, responding to the lawsuit, filing a counterclaim, and giving a warning within a certain period of time. These periods are determined by law and are short periods ranging from 3 to 14 days. For this reason, it will be the best solution to consult an expert lawyer as soon as possible and to ensure that the necessary actions are taken by expert lawyers as soon as possible, so that you do not lose your rights and do not suffer major damages that cannot be compensated in the future.

Do I have to hire a lawyer?

With some exceptions, hiring a lawyer is not mandatory. However, trying to protect your rights without consulting an expert lawyer can cause much greater irreparable harm, just like trying to heal without going to a doctor. Since many legal actions in Turkish law are irreversible, consulting a lawyer after the job has passed may lead to irreparable loss of rights. Unfortunately, such cases are frequently encountered in practice, and people who do not consult an expert lawyer in time have to pay much higher prices in the future to regain their rights.

In which cases do I need to make a power of attorney?

It is not necessary to issue a power of attorney only to receive legal consultancy services, but for actions such as filing a lawsuit or initiating enforcement proceedings, a power of attorney must be given to the lawyer. A power of attorney can easily be obtained from the notary public’s offices after your attorney provides the necessary information for issuing a power of attorney. According to the resolution of the dispute, the powers required to be included in the power of attorney may change, and you should consult your lawyer before issuing a power of attorney.

How are litigation costs determined and who covers litigation costs?

The litigation costs other than the attorney’s fee are determined by the Ministry of Justice every year, and the attorney’s fee is determined each year by the TBB. Apart from this, there are also expenses that arise during the trial and are determined by the court, such as expert fees. The party litigating has to cover some of the costs while filing the case, but if the case is won, the remaining costs can be recovered from the other party, and the costs paid in advance while filing a lawsuit can also be recovered from the other party. The importance of consulting a lawyer who is an expert in the field before filing a lawsuit is also seen here. In cases such as the filing of lawsuits that should not be filed, the lawsuits being filed incorrectly, it is possible that all these costs are left on the plaintiff, that the costs of the lawsuit are much higher than normal and that the litigant party suffers great losses.

Is the cost of each case different? How much should be paid when filing a lawsuit?

Yes, the cost of each case is different. Costs will vary depending on the type of the case, the subject of the case, the court in which the case will be heard, and the actions to be taken in the case. The litigation costs other than the attorney’s fee are determined by the Ministry of Justice every year, and the lower limit of the attorney’s fee is determined by the TBB each year. The attorney and the client may freely agree on how the fee will be paid (such as paying the entire attorney’s fee in advance or paying the full amount when the case is concluded).

How long does it take for the case to be concluded?

The duration of the lawsuits varies according to the type of case, the subject of the case, the court in which the case will be heard, the actions to be taken in the case, the evidence to be collected (for example, hearing of witnesses, commercial book examinations, getting an expert report) and many other variables related to the case. Although it takes an average of 6 months – 1 year for local courts to decide, the most accurate estimate in this regard can be obtained by consulting an expert lawyer according to the type, characteristics and subject of the case. Considering the workload in the courthouses and the low number of courthouse personnel, it is of great importance that the case is handled by a lawyer who is expert in his field, in terms of the quick conclusion of the cases. If the case is not handled meticulously, it may lead to the conclusion of the cases in much, much longer time. For example, even a simple mistake, such as filing a case in the wrong court, alone can cause a case to take months, or in some cases, even longer.

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