Obligation to Consider Attorney

Everyone in Turkey could open up and follow their own legal case. In this respect, unlike the other countries in the world, there is no obligation to work with lawyers in our country.

While the rule is that everyone can pursue their own legal and judicial affairs, there is an exceptional case in a single issue. According to this exception, some companies should always work with lawyers.

Indeed, in accordance with Article 35 (3) of the Law on Advocacy No. 1136 (“Law”), everyone can arrange the documents of their case, open the case themselves and follow the work. Pursuant to the same article, joint stock companies with a capital of more than 250,000 TL and building cooperatives with a membership number of 100 or more must have a contracted lawyer.

This article of the Law is mandatory and there are serious sanctions against it. The law stipulated that the sanction of acting contrary to this rule is an administrative monetary fine.

In the case of a violation of the obligation to work with lawyers by companies or cooperatives, for the workers who are older than 16 years of age in the industrial sector, an administrative monetary fine up to two months gross amount of minimum wage shall be imposed for each month when they have not appointed a contracted lawyer by the Public Prosecutor.

Att. Abide Gulel Birsen
Att. Yusuf Eren Yildiz (info@gulelhukuk.com)

Yazar : Gulel Hukuk

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