Law

Legal Aid and Legal Support

Legal support is the name given to all preventive or remedial aids in order to exercise and protect your rights. This support is primarily provided by lawyers who are legally trained and registered in the bar, but can also be provided by non-governmental organizations and bar associations. By law, the legal profession in Turkey can only performed by Turkish citizens. Therefore, make sure that the people will support you as an official legal citizen of Turkey and found registration to the bar will keep you from malicious third parties. Lawyers can work in offices or practice their profession freely.

A case is a process where a dispute between parties or a claimof a natural or legal person is ultimately resolved through a recourse to the judiciary. Lawsuits can take place between individuals and may be brought against the state in cases of violation of rights by the state. In addition, if a person commits a crime, the legal process proceeds through a case.

Everyone, except underage or mentally ill, has the right to sue for violations of rights. It is decided by the courts that the person does not have the capacity to sue. Otherwise, the person is assumed to have the right to sue. Restricted persons who do not have the capacity to bring proceedings are represented by legal representatives called custodians (parents of children) and guardians (representatives in mentally constrained cases). Except for special cases, all persons who do not suffer from the above conditions have the right to open their own cases and to pursue them.

Although it is not compulsory to hire a lawyer except in special cases, having a lawyer will unquestionably make your works easier. Lawyers can give you legal advice, represent you in lawsuits, and perform all your procedures for you, except where you are required by law to do so in person. Although different institutions and organizations can assist you in providing information, services such as giving opinions and proceedings can only be carried out by lawyers.

In case you need legal services, you should contact the lawyer of your choice and make a legal agreement. It will be more beneficial for you to have this agreement written. In addition, your lawyer is required to provide power of attorney to represent you. This power of attorney is notarized and will be an advantage for you.

Your lawyer may then represent you in lawsuits and perform legal proceedings for you.

Lawyers’ fees may vary depending on the subject he/she represents and the scope of the service. If it is a good or money, the fee may also be determined as a percentage of the value or amount of the good. Attorneys’ fees are determined under the contract. In addition, the costs (taxes, fees, transportation fees, etc.) that are not included in the legal services you receive, but which are necessary for the performance of your work, must be borne by you in addition to the lawyer’s fee.

If your financial situation is insufficient to cover your legal fees, you can receive legal aid in most cases. The criterion for the right to legal aid is that the person’s ability to meet his / her legal fees will leave him / her and his / her family in a difficult situation (determined by the assessment of the financial situation to be performed by the bar*), that the person is right and that he / she is not represented by a lawyer. Real and legal persons who fulfill the conditions can benefit from this service. In addition to this protection under the applicable law on protection of asylum seekers and other foreigners in a difficult situation in Turkey can receive these services. Legal aid is provided by the bar associations and people who wish to benefit from this assistance should apply to the relevant units of the bar associations. Under normal circumstances, the application should be made by the person receiving the service, but in some cases family members or third parties representing persons may also apply, such as when the person is in the removal center or under administrative supervision (situations such as deportation, refusal of protection application are included). After your request is forwarded to the bar, you will receive an acceptance or rejection response. All of your case expenses may be covered by legal aid, or the aid may be partially. If you get a financial benefit as a result of the legal aid service you receive, you should pay 5% of that income and pay the attorney fees from that income.

If you are a suspect in a case and do not have the financial capacity to hire a lawyer, you should apply to the police stations or judicial authorities where the investigation is being conducted. Unlike legal aid, your institution will contact the bar association and you will be assigned a lawyer. In cases where the person is a minor, the offense requires more than five years and the suspect is hearing impaired, a lawyer is appointed directly unless he or she currently represents a lawyer. Alternatively, if you are a victim, not a suspect, in the cases referred to in this paragraph, you can also benefit from the free lawyer service under the same rules (if the victim is a sexual offense, a five-year penalty is not required). Similarly, if you are a suspect or witness during any investigation or trial, you will be provided a free interpreter.
The terms of reference of the paid and unpaid judicial services do not differ from each other. In any case, lawyers must exercise the requirements of their profession as well as possible. Neither your nationality nor the fees you pay for receiving services should be different from those of law and legal professionals.
* In case of deliberate misstatement of material inadequacy or if it is understood that the case for which assistance is requested is opened unjustly, legal aid costs and twice the amount of attorney’s fee must be paid back to the bar.

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