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In order to gain profit in your legal transactions, consult a lawyer before taking action at the beginning. To benefit from our consultancy services, you can fill out the form on the “Ask to Lawyer” tab on the homepage or contact us by phone or e-mail. All possible stages and results regarding the subject you want to receive consultancy will be evaluated by our law firm, and our lawyer will inform you about the most suitable option for you.
FREQUENTLY ASKED QUESTIONS
FAQ
At Yesilagaç Law Office, not only during the consultancy, but also during the litigation phase and after the lawsuit, all the information and documents you give or will give are kept confidential within the framework of the LAWYER – CLIENT CONFIDENTIALITY principle. Lawyers cannot make any statements against their clients due to their professional obligations and are obliged to ensure the confidentiality of all information they obtain. For this reason, our clients can freely share all their information about the case with us, and they can be sure that this information cannot be shared under any circumstances. Advocacy is a representative profession, not a judgmental profession. All information we receive from our clients is kept confidential even if our attorneyship relationship ends in the future. In order to defend our clients more accurately and strategically, we care about our clients communication with us with all their transparency. Our obligation to keep the personal and commercial secrets of our clients is an obligation arising from the law, and we cannot be forced to share these secrets with any authority.
We communicate with our clients only through the contact information provided by our clients. Information about the files is not shared with those who ask for information and introducing themself relatives, siblings, parents, friends, acquaintances, etc. and the situation is immediately reported to the client.
Article 36 of the Law of Attorneyship No. 1136: “Attorneys are prohibited from revealing the matters entrusted to them or which they have learned through their duties as lawyers, as well as their duties in the bodies of the Union of Turkish Bar Associations and bar associations. The ability of the lawyers to testify about the issues written in the first paragraph depends on the consent of the employer. However, even in this case, the lawyer may hesitate to testify. The exercise of the right of withdrawal does not create legal or criminal liability. The above provisions also apply to the Union of Turkish Bar Associations and the officers of the bar associations.”
There is no obligation to hire a lawyer in Turkish Law. Individuals can represent or defend themselves at the court and third parties. However, it is not enough just to be right in legal matters; Under which conditions, when, how, with what arguments and with what evidence you assert your justification has great importance. At this point, the legal profession comes into play. Every stage of the proceedings is determined by law. Every word in the petitions spoken or presented in court can have very different meanings in the legal language and can change the course of the case. Courts and litigation stage is not just tell troubles or prove rights by just talking. It is necessary to take the right steps in a very limited time. Participating in the proceedings in an inexperienced manner is almost equivalent to losing the case from the first stage. This applies not only to courts and lawsuits, but also to legal matters in your business or personal life. For example, making legal analysis in a sector you will enter, investments you will make in an area where you do not know the legal infrastructure, consulting a lawyer before making contracts or negotiations in your daily or commercial life, you will have acted correctly from the first step. After creating the legal infrastructure of the business, you can spend all your energy on the technical parts of the business.
It has great importance that you prepare before meeting with the lawyer about the subject you want to receive legal advice from. Because at the first stage, the case or the subject for which legal advice is requested should be presented to the lawyer with all its clearance then a road map should be drawn accordingly. At this stage it is necessary to be transparent and start prepared.
Before meeting with the lawyer;
- All information, documents, contracts, official documents, documents containing the information of the other party, photographs, audio recordings, videos, etc., regarding your case; you should collect the evidence without considering whether it will work or not and bring it with you when you come to the consulting meeting.
- If you have evidence that you do not have, but which you know from which institution or person have, you should take note of them and present them to your lawyer at the meeting.
- Regarding the subject you want to receive consultancy, if you have previously applied the judiciary, enforcement offices, state institutions, individuals, etc. you should bring the documents related to your applications, court decisions or at least the file numbers with you.
- You should take note of other matters that you think will be useful and inform your lawyer during the meeting.
During the Meeting with the Lawyer;
- You should give your lawyer the documents you bring about the subject you want to receive consultancy, and you should explain the situation to your lawyer with the main lines.
- When describing the event, you should explain it step by step, and if it is a bilateral dispute, you should transparently explain the responses of the opposite side to your requests. All the information you will give in your meetings with your lawyer is confidential and will be kept completely confidential. No matter what, it is forbidden to be used against you by your lawyer. For this reason, you should answer all questions in a transparent manner and openly tell your lawyer even the information you are afraid of your lawyer to know.
- In the meeting you have with your lawyer, your lawyer will respond legally and if necessary, you will be explained whether or not to resort to litigation or what kind of strategy can be followed. At this stage, do not disclose the content of the conversation you had with your lawyer and what you have decided, if any, to third parties after the meeting, you should avoid giving information unless the whole case is concluded.
- If you come across or meet with the institutions or individuals you want to sue or people close to them after the meeting with lawyer, you should not inform them about your meeting with the lawyer and its content, and you should not warn these people that you are about to file a lawsuit.
You will receive consultancy service from Yesilagac Law Firm in the form of a one-on-one meeting with an appointment method; You can get online consultancy via phone, mail, website and through the application by clicking the whatsapp button on our website. In the time allotted to you, you can ask all your questions, learn about your rights and have information about your legal problem.
It is free to contact Yesilagac Law Firm via phone, whatsapp or website to get consultancy service. The main frame of the subject you want to consult is created in the preliminary meeting with our lawyer about the subject you will consult. If you have a problem that requires professional consultancy service, you will be informed how the consultancy service should be provided (written, face-to-face, over the phone or online, etc.) and how much the fee will be. If it is accepted, the payment is received and the hourly legal counseling phase is started with a lawyer, face-to-face, online or over the phone. Counseling is done verbally and the client is professionally informed about the legal situation and a roadmap is created. However, if the subject you consulted with us does not require legal knowledge or if our office does not provide professional consultancy or service on this matter, your payment will be refunded in accordance with the rules of goodwill.
The advocacy is a self-employed activity. Lawyers offer their professional knowledge and experience as consultancy services and are obliged to pay taxes in accordance with the Income Tax Law, VAT law and other laws. Lawyers are prohibited from taking litigation or providing consultancy services without charge. Attorney fees paid to lawyers are subject to the “Attorney’s Minimum Fee Tariff” published every year. Article 164 of the Attorneyship Law No. 1136 draws the boundaries of the attorney’s fee.
Article 164:
“Attorney’s fee refers to the amount or value corresponding to the legal assistance of the lawyer.
Not exceeding twenty-five percent (25%), the value of the lawsuit or the thing to be sentenced or a certain percentage of the money can be determined as attorney’s fee.
Contracts to be made in accordance with the second paragraph cannot have the provision that some of the goods and rights other than the money that is the subject of the lawsuit will belong to the lawyer.
Attorney fees cannot be determined under the minimum attorneyship fee schedule. If a lawsuit is received free of charge, the situation is reported to the board of directors of the bar association. (Amended third and fourth sentence: 13/1/2004 – 5043/5 art.) The attorney fee has not been agreed or there is no written fee agreement between the parties, or the fee agreement is unclear or controversial, or In cases where the wage provision of the wage contract is deemed invalid; In cases and works whose value can be measured in money, an amount between ten percent and twenty percent of the value of the adjudicator on the date of finalization is determined as attorney’s fee for the won part of the case by the authority authorized to examine the wage objections, provided that it is not below the minimum wage tariffs. In cases and works whose value cannot be measured with money, the attorney’s minimum wage tariff is applied.
At the end of the lawsuit, the attorney’s fee to be charged to the other party based on the decision and the tariff belongs to the lawyer. This fee cannot be exchanged, deducted, or seized due to the debt of the employer.”
Although the attorney’s fee varies for each case and business, it remains in a small amount when the benefits provided by our clients at the end of the work are taken into account. As YESILAGAC LAW FIRM, we strongly recommend that our clients contact us regarding their legal affairs and obtain detailed information and pricing regarding lawsuits and fees. These stages are carried out free of charge. You can contact us via our contact information.
In order for a lawsuit or enforcement proceeding to be opened, expenses must be paid according to the type of case, including fees, advance expenses and expert fees in the amount stipulated in the law. This amount varies according to each type of lawsuit or enforcement proceeding, and a tariff is published by the Ministry of Justice for the costs each year. These amounts must be paid in advance by the plaintiff at the beginning of the case. For this reason, you must pay the cost in advance before the litigation or enforcement proceeding begins.
When you win the case, the Court decides that the costs (application fees, advance expense, expert fee, etc.) be collected from the opposite party and paid to you. The court does not decide on the expenses you make for the preparation of the case, transportation expenses, attorney fees you pay to your lawyer, and these expenses are not collected from the other party. You can reach a definite and clear conclusion about the costs by contacting Yesilagac Law Office about your case or transaction in this regard.
Our clients living abroad or outside the city can make their expenses, attorney’s fees and all kinds of payments through the “online payment” service with their credit cards on our WEB site, or they can also pay via western union, money order or eft. In addition, installments are provided by the service provider for payments to be made by credit card. Commissions or fees charged in credit card collections are not related to our law firm and these fees are collected by the service provider.
Yes, our clients living abroad can get information by contacting us via the internet, e-mail or telephone, and in cases where a lawsuit needs to be filed, they can file a lawsuit by giving power of attorney to us abroad through the consulates.
When you want to make a payment, you can go to the online payment page on our website and click the e-payment button, and you can pay through the 100% secure online payment system developed specifically for lawyers by the Turkish Bar Association and PARAM application. This service is provided by TÜRK Elektronik Para A.Ş. and your information is not recorded in any way. Therefore, you can make your payment with confidence.
In order to represent our clients before courts and institutions in any way, we must represent the client with a power of attorney prepared in accordance with the nature of the work. Notaries are authorized to issue a power of attorney in Turkey. Those living abroad can issue a power of attorney from a notary public at foreign country (then translating and approve form the Turkish consulate) or directly at Turkish consulate. The type of power of attorney to be issued varies according to the type of case. For example, a power of attorney with a photo must be given for the purchase and sale of real estate, the recognition enforcement case or the divorce case. In the power of attorney to be issued on behalf of the companies, the signature circular and the certificate of authorization must be submitted to the notary public. Power of attorney to be issued for other cases is the general case power of attorney. You can learn our power of attorney information by contacting us from our contact information.
Our clients who will give a power of attorney should contact Yesilagac Law Office for a draft power of attorney sample before issuing a power of attorney.
Turkish notary works in foreign countries are handled by Turkish consulate. Our clients (Turkish or not Turkish) , who will issue a power of attorney abroad, must personally apply to the Turkish Consulate of the relevant country and sign a power of attorney through the consulate in line with our power of attorney information wich will be provided by us. In a country other than Turkey, power of attorney issued or approved directly by the competent authority of that country cannot be accepted in Turkey unless approved by the Turkish consulate or Turkish political officers in that foreign country. The said certification annotation is called ‘Apostille Convention’. Power of attorney for divorce, alimony, recognition and enforcement cases must contain specific authorization and a photograph. In addition, two copies of the power of attorney to be issued for divorce and alimony cases should be issued. According to Article 89 of the Notary Law No. 1512, contracts and power of attorneys, wills, sales with the condition of keeping the property, promise to sell real estate, foundation deed, marriage contract, adoption and recognition, division of inheritance and other laws ex officio. The transactions envisaged to be arranged must be done in the form of “arrangement”. In the form of arrangement, the transaction is arranged in a report by the consul himself according to the situation and desire of the person concerned. For this reason, the said transactions (business papers) can only be arranged upon the person’s personal application by coming to the Turkish Consulate with the identity card, valid passport and two newly taken passport photos. Our clients who will give a power of attorney should contact Yesilagac Law Office for a draft power of attorney sample before issuing a power of attorney.
First of all, litigation may not be the only solution to your problem. As Yesilagac Law Firm, our first goal is always to get the client right as quickly as possible in order to resolve the dispute quickly. For this reason, we pay attention to whether non-litigation dispute resolution methods will be applied as much as possible and we get positive results in this direction.
However, in a dispute where it is certain that a lawsuit will be filed, it would not be right to give time. Considering the nature of the case, in which courthouse it will be filed, in which court it will be heard, the merits of the case and the type of evidence, the duration of each case becomes unique. In Turkey, the outcome of a case that goes through the average processes varies between 8 months and 2.5 years, and these periods can be extended or shortened in line with the course of the case. However, we would like to remind you that in any case, the case should be followed by experts in the field. An expert lawyer considers that the case should be concluded quickly at every stage and avoids unnecessary time-prolonging procedures. We recommend our clients to contact us for more detailed information on this matter.
You can go to a mediator after a dispute arises between you and the other party, but before applying to the court or arbitration, or you can go to a mediator after filing a lawsuit in court. However, it is vital to have a lawyer in the mediation process. We recommend that you have a lawyer from the beginning so that you do not lose your rights during the mediation stages. Issues that have been agreed upon during the mediation phase cannot be prosecuted later.
As Yesilagac Law Firm, we assign lawyers who are experts in their fields to the cases within our law firm. At this point, in line with the needs of our clients, we can appoint a single lawyer or multiple lawyers for different stages of a file or follow the file together with our working partners, law offices. However, for this reason, we do not charge the clients an additional fee, we make the necessary interventions in favor of the client in order for the case to be concluded in the most professional way.
As Yesilagac Law Firm, we take care to keep our clients away from the stress of litigation as much as possible. For this reason, we only contact and inform clients at important stages of litigation. However, if our clients request information by contacting us regarding the status or course of their cases, we immediately forward the requested information to the clients. Our clients can contact us without hesitation.
We communicate with our clients only through the contact information provided by our clients. Information about the files is not shared with those who ask for information by introducing them as relatives, siblings, parents, friends, acquaintances, etc. and the situation is immediately reported to the client.
