The Role of a Solicitor in Turkey

A solicitor, also known as a lawyer or attorney, plays a crucial role in various legal matters, including property transactions, business dealings, and personal legal affairs. In Turkey, solicitors are licensed legal professionals who can provide legal advice, represent clients in court, and handle a wide range of legal issues. Understanding the role of a solicitor and how to effectively use their services can help you navigate the legal system in Turkey with confidence.

1. The Role of a Solicitor in Turkey

1. Legal Advice and Consultation

• Legal Guidance: Solicitors provide expert legal advice on a variety of matters, including property law, contract law, business law, inheritance, family law, and more. They help clients understand their legal rights and obligations under Turkish law.
• Consultation: Before taking any legal action or making significant decisions, such as buying property or signing a contract, consulting with a solicitor ensures that you are fully informed about the legal implications.

1. Drafting and Reviewing Contracts

• Contracts and Agreements: Solicitors are responsible for drafting and reviewing legal documents such as contracts, agreements, wills, and leases. They ensure that these documents are legally binding and protect their client’s interests.
• Negotiation: Solicitors can also assist in negotiating the terms of contracts and agreements, making sure that their client gets the best possible terms.

1. Property Transactions

• Due Diligence: In property transactions, solicitors conduct due diligence to verify the legal status of the property, check for encumbrances, and ensure compliance with local regulations.
• Title Deed Transfer: They assist with the transfer of the title deed (Tapu), ensuring that the process is conducted legally and that all necessary documents are in order.
• Representation: If you are not present in Turkey, a solicitor can act as your legal representative through a Power of Attorney, handling all aspects of the transaction on your behalf.

1. Dispute Resolution and Litigation

• Mediation and Arbitration: Solicitors can represent clients in mediation and arbitration processes to resolve disputes out of court. This is often a quicker and less expensive way to settle disputes.
• Court Representation: If a legal dispute cannot be resolved through mediation, solicitors can represent clients in court, presenting their case, and advocating for their interests. They handle all aspects of litigation, from filing a lawsuit to appearing in court.

1. Business Legal Services

• Company Formation: Solicitors assist in the formation of companies, drafting articles of association, and ensuring compliance with Turkish business laws.
• Regulatory Compliance: They help businesses comply with local regulations, including tax laws, labor laws, and corporate governance.

1. Inheritance and Family Law

• Wills and Inheritance: Solicitors help clients draft wills, plan their estates, and navigate the inheritance process. They ensure that the distribution of assets is carried out according to the client’s wishes and Turkish law.
• Family Law: They also handle family law matters such as divorce, child custody, and prenuptial agreements, providing legal advice and representation in court if necessary.

2. How to Use a Solicitor in Turkey

1. Finding the Right Solicitor

• Specialization: Choose a solicitor who specializes in the area of law relevant to your needs, such as property law, business law, or family law.
• Reputation: Research the solicitor’s reputation by reading reviews, seeking recommendations, and checking their credentials. Look for a solicitor with experience in handling cases similar to yours.
• Language Skills: If you do not speak Turkish, consider hiring a solicitor who is fluent in your language or who has experience working with international clients.

1. Initial Consultation

• Consultation Meeting: Schedule an initial consultation with the solicitor to discuss your legal needs. This meeting is an opportunity to explain your situation, ask questions, and determine if the solicitor is a good fit for your case.
• Fees and Costs: During the consultation, ask about the solicitor’s fees and billing practices. Understand how they charge (e.g., hourly rate, flat fee, contingency fee) and what additional costs might be involved, such as court fees or notary fees.

1. Power of Attorney

• Granting Authority: If you are unable to be present in Turkey, you can grant a solicitor Power of Attorney (PoA) to act on your behalf. The PoA should clearly outline the scope of the solicitor’s authority and the specific tasks they are authorized to perform.
• Notarization: The PoA must be notarized, and if executed abroad, it should be apostilled or legalized by the Turkish consulate to be valid in Turkey.

1. Working with Your Solicitor

• Clear Communication: Maintain open and clear communication with your solicitor. Provide all necessary documents and information promptly, and keep them informed of any changes in your situation.
• Follow Advice: Listen to your solicitor’s advice and guidance. They have the legal expertise to help you navigate the process and avoid potential pitfalls.
• Regular Updates: Ask for regular updates on the progress of your case or transaction. A good solicitor will keep you informed and provide timely responses to your inquiries.

1. Reviewing Legal Documents

• Contract Review: Before signing any legal documents, have your solicitor review them to ensure they are legally sound and protect your interests. This applies to contracts, agreements, wills, and other important documents.
• Modifications: If necessary, your solicitor can suggest modifications to the documents to better reflect your needs or to address any legal concerns.

1. Dispute Resolution

• Out-of-Court Solutions: If a legal dispute arises, your solicitor can help you explore out-of-court solutions, such as mediation or arbitration, to resolve the issue more efficiently.
• Litigation: If litigation is necessary, your solicitor will represent you in court, preparing your case, filing legal documents, and advocating on your behalf.

3. Costs and Payment

1. Legal Fees

• Hourly Rate: Many solicitors charge by the hour, especially for consultation and legal advice. The hourly rate can vary depending on the solicitor’s experience and the complexity of the case.
• Flat Fee: For certain services, such as drafting a contract or transferring a title deed, solicitors may charge a flat fee.
• Contingency Fee: In some cases, solicitors may work on a contingency fee basis, meaning they only get paid if you win the case or successfully complete a transaction.

1. Additional Costs

• Court Fees: If your case involves going to court, there will be additional costs for filing fees, court costs, and possibly expert witnesses.
• Notary Fees: Notary fees may apply if documents need to be notarized as part of the legal process.
• Translation Fees: If documents need to be translated, there may be additional costs for professional translation services.

4. Terminating the Relationship

1. When to Terminate

• Dissatisfaction: If you are not satisfied with your solicitor’s services or if there are issues with communication or performance, you may choose to terminate the relationship.
• Completion of Task: The relationship may naturally end once the legal matter has been resolved or the task has been completed.

1. How to Terminate

• Formal Notice: Provide formal notice of termination in writing, specifying the reason for termination and the effective date.
• Final Billing: Ensure that any outstanding fees or costs are settled before terminating the relationship.

A solicitor in Turkey plays a vital role in ensuring that your legal matters are handled efficiently, accurately, and in accordance with Turkish law. Whether you are buying property, dealing with business transactions, or navigating personal legal issues, a skilled solicitor can provide the guidance and representation you need. By selecting the right solicitor, understanding their role, and maintaining clear communication, you can effectively manage your legal affairs in Turkey.