Who is a Lawyer?
A lawyer is a legal advisor whose expertise is sought in legal disputes between individuals or between individuals and the state, or a legal representative who defends the rights of individuals or the state.
The profession of law ensures that all legal issues and disputes are resolved in accordance with justice and fairness, and that legal rules are fully applied in all levels of judicial bodies, arbitrators, official and private persons, boards, and institutions. For this purpose, a lawyer dedicates their legal knowledge and experience to the service of justice and to benefiting individuals.
How to Become a Lawyer?
- A New Era in the Legal System
In the Turkish legal system, some new regulations have been made to increase judicial power and provide higher quality legal services to citizens. Individuals who wish to become lawyers in the Republic of Turkey must first graduate from one of the law faculties in Turkey to complete their higher education.
According to the new legal system, individuals must pass the legal professions entrance exam in order to begin their internship period after graduation. Those who succeed in the professional qualification exam will proceed to the next phase, the internship period. The legal professions entrance exam will be applied to those who graduate after 31/03/2024.
Following this, the required internship period begins to gain experience and expertise in the profession of law. During the internship, a certain period is spent working with an attorney specialized in the field, while another period is spent in courts, helping the individual develop both in the field of law and in the legal profession. After successfully completing the internship, individuals are subjected to an oral exam by the bar association based on a report submitted by the attorney under whom they interned. Those who pass the bar exam are entitled to receive their lawyer’s license, thus enabling them to practice law.
Lawyers can choose to work for private companies and public institutions, or they may open their own offices and practice law independently.
What Does a Lawyer Do?
Lawyers, in accordance with the laws and regulations set forth in the Turkish legal system, work as defense attorneys or representatives to ensure fair trial procedures, protect the rights of individuals, and safeguard public security in legal disputes between individuals and the state.
Individuals who progress toward becoming a lawyer and are registered with a bar association in their place of residence can provide legal services in various fields such as divorce law, enforcement law, criminal law, or labor law. They are not limited to any specific area. However, lawyers can specialize and develop expertise in certain fields, and are commonly known in society as criminal lawyers, heavy criminal lawyers, or real estate lawyers.
Obstacles to Becoming a Lawyer
- Being convicted of a crime intentionally committed, resulting in a prison sentence of more than two years, or crimes against the security of the state, against the constitutional order and its functioning… embezzlement, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, interference in tenders, interference in the execution of obligations, money laundering of assets originating from a crime, or smuggling (those convicted of any of the aforementioned disgraceful crimes, even if their sentences have been deferred, commuted to fines, or pardoned, are still not allowed to practice law).
- Losing the qualification to be a judge, civil servant, or lawyer as a result of a final disciplinary decision.
- Engaging in a profession incompatible with the legal profession.
- Being restricted by a court decision.
- Having declared bankruptcy without having restored one’s reputation (Even if the reputation of fraudulent bankrupt individuals has been restored, they are not accepted).
- Having a certificate of insolvency issued but failing to remove it.
- Having a physical or mental disability that prevents the continuous and proper practice of law.
Lawyer’s Responsibility
Although law is a respected profession, it comes with certain responsibilities and duties.
- Representation of the Client: The lawyer is responsible for protecting the client’s rights and representing them at every stage of the case.
- Confidentiality Principle: Lawyers are responsible for safeguarding and protecting the information shared by their clients. They cannot share the client’s information with third parties.
- Adherence to Law and Ethical Rules: Lawyers must act in accordance with professional ethical standards and the law.
- Quality Service: The lawyer is responsible for protecting the client’s interests and conducting the legal process professionally by working diligently and with dedication at every stage of the case.
- Continuous Development and Education: Lawyers should continuously follow laws and regulations and keep improving their expertise in the field of law. They should also aim to stay ahead in their profession by participating in various training seminars or courses.
- Compliance with the Legal Agreement: If the lawyer fails to fulfill their contractual obligations or neglects them, causing harm to the client, they are responsible for compensating the damage caused.
Lawyer’s Withdrawal from the Case (Power of Attorney)
The power of attorney relationship between the lawyer and the client can be terminated by the lawyer’s withdrawal from the case or by the client’s dismissal of the lawyer, based on valid reasons and in compliance with legal requirements.
If the lawyer withdraws from the case without a valid reason, they cannot demand any payment from the client and must return any advance payment received. Article 174/1 of the Attorneyship Law explicitly states this: “A lawyer who abandons the case they have undertaken without a valid reason cannot claim any fee and must return any advance payment received.”
The Process of Withdrawal from Power of Attorney
There are legal regulations to ensure that the lawyer does not harm the client and that the legal proceedings continue smoothly when withdrawing from the power of attorney.
According to Article 41 of the Attorneyship Law: “A lawyer who withdraws from a specific task or defense at their request, the power of attorney for that task continues for 15 days from the date the client is notified.”
Additionally, a lawyer appointed by the bar president cannot refuse to fulfill their duty unless there is an unavoidable reason or a valid excuse. The determination of an unavoidable reason or valid excuse is up to the authority that appointed the lawyer.
Antalya Law Office
At our law office in Antalya, with a team of experienced and specialized lawyers in various fields, we continue to resolve legal cases in favor of our clients, such as criminal cases, enforcement cases, inheritance cases, divorce cases, and many others, where we have been acting as legal representatives and defense attorneys for a long time. To receive the necessary legal support, you can contact us through the communication section on our website and schedule an appointment.
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