Find an independent lawyer. Bar associations and consulates have their Web sites with a directory of lawyers. Finding your lawyer is the first and most important step. I have witnessed an unbelievable thing several times: People pick up lawyers introduced by the other party -- most of the time by developers or agents. Yes, lawyers are supposed to be independent, but if the lawyer is referred and recommended by the other party, you should stop and think about this.
Don’t forget to check your lawyer through his credentials and references. Do not hesitate to ask for former clients of the recommended lawyer as references. References, as well as credentials, are always important and should give you an idea about the quality of service of the professional you have hired.
Make an exact outline of the services you are seeking and clearly state what kind of service you need. Put everything in writing and sign it along with your lawyer. It would be a good idea to make a services agreement in written form with your lawyer to describe the limits and aims of your relationship. It should be clear from the outset whether your agreement covers a particular service or not if you then claim that your lawyer did not provide a certain service. For example, if you are not able to prove that you assigned your lawyer the specific task of reporting on, let’s say, your previous lawyer, there is no way that you can force them to provide this service for you. Services agreements are very plain texts and you should have one with your lawyer.
Check if your lawyer has professional liability insurance. Although it is not common practice for lawyers to have this insurance, nowadays major firms have it and it is becoming more widespread in use amongst lawyers.
Get a copy of all documents provided by your lawyer or by the authorities or third parties about you. Lawyers are obliged to return all documents provided by you. It is, however, at the sole discretion of the lawyer as to what information the lawyer delivers to the client unless the aim of the engagement is to write an agreement document, and so on, for the client. In this case the service is to produce an agreement and the lawyer is obliged to deliver it to the client. This should be beyond question. Your lawyer should be responsible for delivering these documents.
Get a release paper from your lawyer when you make payment in full and make sure that you have no outstanding debts to your lawyer. The lawyer may also ask for a release signed by you.
Try to find a lawyer that you can communicate with directly. Do not use a translator when communicating with your lawyer. Find an English-speaking lawyer to avoid any mistakes or misunderstandings which may be attributable to the translator.
There is a supervisory authority over lawyers. No one, including lawyers, is above the law. All lawyers are registered with the bar association of the jurisdiction in which they are located. Bar associations take all malpractice claims very seriously and start an investigation if the claimant submits satisfactory evidence regarding malpractice. There is one key issue; if you are a victim of malpractice, you will be protected 100 percent by the authorities as long as you can prove the malpractice or abuse. The Professional Code for Attorneys of the Turkish Bar Association (TBB) has very strict rules on ethics, and bar associations follow lawyers’ practices very closely. A lawyer is obliged to protect the law, justice and her/his client’s rights. In the case of a lawyer not protecting his/her client’s rights, this would be a direct violation of the Professional Code for Attorneys. Such an action would be classified as malpractice, and lawyers are subject to heavy sanctions for malpractice against their clients.
One thing should be underlined. Lawyers generally do their best for the benefit of their clients. They inform their clients regarding possible future complications which may arise. However, clients often don’t want to see the negative aspects and just go for the best part of the cake, sometimes even ignoring their lawyer’s warnings. Then when a problem arises, it is the lawyers fault. Don’t let this happen.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
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