Turkish Law

Turkish law forums => TURKISH ATTORNEYSHIP LAW => Topic started by: admin on April 17, 2007, 03:44:25 PM



Title: TURKISH ATTORNEYSHIP LAW
Post by: admin on April 17, 2007, 03:44:25 PM
ATTORNEYSHIP LAW - Turkey   7
Attorneyship And The Attorney   7
Nature of attorneyship   7
Purpose of attorneyship   7
Admission Into The Profession Of Attorney   8
Conditions for admission   8
Exceptions   8
Impediments to admission into attorneyship   9
Request for registration in the bar association   10
Decision   10
Objection to denial of request or to decision to wait until the completion of prosecution   10
License of attorneyship and oath   11
Notification of the decision of rejection   11
Instances of Prohibition   13
Activities incompatible with attorneyship   13
Activities compatible with attorneyship   13
The attorney’s relation of kinship or marriage with a judge or prosecutor   14
Prohibition from practicing attorneyship after termination of certain duties   14
Apprenticeship   16
General   16
Qualifications required   16
Documents to be enclosed with the letter of application   16
Announcement of the request   17
Report   17
Decision   17
Commencement of apprenticeship   18
Attorney with whom apprenticeship will be served   18
Serving the apprenticeship and the duties of the apprentice   18
Apprenticeship reports   19
Extension of the duration of apprenticeship   19
Tasks that apprentices may perform   19
Bar associations’ aid to apprentices   20
Attorneyship Examination   21
Examination   21
Eligibility for the examination   21
The nature and topics of the examination   21
Examination results   22
Articles 32-33 – <Abolished>   22
The Rights And Duties Of The Attorney   23
General   23
Work exclusive to attorneys   23
Seeking conciliation   24
Keeping information confidential   24
Notification of refusal of commission   24
Statutory refusal of commission   24
Attorneys’ right to keep documents and lien   25
Statute of limitations in claims for damages   25
Resignation from rendering services   25
Temporary assignment of an attorney   26
Requirement to establish office   26
Attorneys working together or as an attorney partnership   26
Persons eligible for employment in attorney offices   28
Conducting legal business, review of lawsuit files, and obtaining copies of documents by apprentices or secretaries   29
Prohibition of appropriation of contested rights   29
Offering an attorney commission in exchange for personal interest   29
Official attire of attorneys   29
Space to be allocated to the bar association and attorneys   30
Places inappropriate for conducting consultation   30
Keeping files   30
Minutes of discussions   30
Register book   30
Prohibition of publicity   30
The right to obtain copies and to serve notice   31
Crimes against attorneys   31
Public prosecutor with the power to conduct investigation   32
Permission to prosecute, the decision to initiate final investigation, and the court where trial will be held   32
Right of objection   32
Flagrante delicto warranting heavy punishmen   33
Negligence of duty and abuse of power   33
Exercise of attorneyship powers by others   33
Special duties to the board of directors of the bar association   34
Persistence in non-payment of bar association dues   34
Bar Association Directory And Attorney Roster   35
Obligation for entry in the directory   35
Permanent practice of attorneyship in another jurisdictional area   35
Transfer to another bar association   35
Review and approval of request for transfer   35
Refusal of request for transfer   36
Deletion from directory and the register of the attorney partnership   36
Circumstances necessitating deletion from directory   37
Right of re-entry in the directory   38
Permanent deletion from the directory   38
Attorney roster   38
Bar Associations   40
General Provisions   40
Establishment and nature of bar associations   40
Establishment of bar associations, removal and deposition of their organs   40
Gratuitousness of duties and duties which may not be combined in the same person   41
Organs Of Bar Associations   42
Organs   42
I – General assembly of the bar association   42
Composition   42
Duties   42
Regular meetings   43
Extraordinary meetings   43
Call for a meeting   43
Chairing panel of the general assembly   44
Obligation to attend the meeting   44
Quorum for debate and decisions   44
Prohibition of discussion on items not on the agenda   45
II – Board of directors of the bar association   45
Composition   45
Eligibility, impediments, and mode of conduct of election   45
Term of duty   46
Withdrawal before completion of term of duty   46
Meetings   46
Toplantıya çağrı   46
Duties of the board of directors   47
III – President of the bar association   48
Election and withdrawal before the completion of term of duty   48
Duties   49
IV – Presidential council of the bar association   49
Composition and election   49
Duties of the vice-president of the bar association   50
Duties of the secretary general of the bar association   50
Duties of the treasurer of the bar association   50
V – Disciplinary board of the bar association   50
Composition   50
Eligibility and impediments to election   51
Term of duty   51
Meetings   51
Duty   51
VI – Board auditors of the bar association   51
Composition and duties   52
Union Of Bar Associations Of Turkey   53
General Provisions   53
Establishment and nature of the Union   53
Duties of the Union   53
Prohibitions, acquisition of property, place in protocol, removal and deposition of their organs   54
The paid nature of the positions   55
Organs Of The Union   56
Organs   56
I – General assembly of the Union of Bar Associations of Turkey   56
Composition   56
Meetings   57
Quorum for deliberations and decisions   57
Duties   57
II – Board of directors of the Union of Bar Associations of Turkey   58
Composition   58
Term of duty   58
Meetings   58
Duties   59
III – President of the Union of Bar Associations of Turkey   60
Election and withdrawal before the completion of the term of duty   60
Duties   60
Composition and election   61
Duties of the vice-presidents of the Union of Bar Associations of Turkey   62
Duties of the secretary general of the Union of bar associations of Turkey   62
Duties of the treasurer of the Union of Bar Associations of Turkey   62
V – Disciplinary board of the Union of Bar Associations of Turkey   62
Composition   63
Term of duty   63
Meetings   63
Duties   63
VI – Board auditors of the Union of Bar Associations of Turkey   63
Composition and duties   63
Disciplinary Actions And Penalties   65
Circumstances when disciplinary penalties will be imposed   65
Disciplinary penalties   65
Mode of imposition of penalties   65
Right of defense   66
Actions and conduct before enrollment with the bar association and after leaving the profession   66
Investigative authority and the replacement of absent members   66
The effect of criminal prosecution on disciplinary penalties   66
Initiation of disciplinary prosecution   67
Objection to decisions not to initiate disciplinary prosecution   67
Re-examination for an identical offense   68
Trial before the disciplinary board   68
Trial in absence   68
Submission and examination of evidence   69
Hearing of witnesses and expert witnesses   69
Minutes of the trial   69
Fulfilling requests received by letters rogatory   69
Summoning witnesses and expert witnesses   69
Rejection and withdrawal of disciplinary board members   70
Serving notice of decisions   70
Prohibition from practice   70
Mandatory prohibition from practice   70
Provisions for prohibition from practice   71
Revocation of the decision of prohibition from practice   71
Objection to decisions of the disciplinary board   71
Discretionary appraisal of evidence, the purpose of dispensing punishment, and deduction of time served from punishment   72
Prosecution and statute of limitations regarding penalties   73
Implementation of disciplinary decisions, clearing registers of penalties   73
Expenses incurred for witnesses and expert witnesses   73
Collection of fines or expenses   74
Attorneyship Contract   75
Scope of attorneyship contract   75
Attorneyship fee   75
Joint and several liability for payment of attorneyship fee   76
Lien of the attorney and priority of the attorneyship fee   76
Settlement of disputes through arbitration   76
Preparation of the attorneyship fee tariff   77
Amount of attorneyship fee to be imposed on the opposite party by the judicial authorities   78
Obligation to complete the job and delegation of others   78
Commissioning of another attorney by the client   78
Specificity of the attorneyship fee   79
Discontinuation of work by the attorney, dismissal of the attorney, and default in the payment of the attorneyship fee   79
Address of the client   80
Legal aid   81
Scope of legal aid   81
Legal aid office   81
Request for legal aid   81
Administration of legal aid   81
Revenues and expenses of the legal aid office   82
Annual activity report and regulations   83
Miscellaneous Provisions   84
Regulations   84
Notice to be served to public prosecutors   84
Services to be counted toward seniority in attorneyship   84
Provision for attorneys without a law degree   84
Absolute requirement to join group insurance   84
Conditional requirement to join group insurance   85
Ineligibility for group insurance   85
Consequences of non-payment of insurance premium   85
Preparation of standard contract and joining group insurance   86
Rescinded provisions   86
Amended provisions of laws   86
Amended provision of Law Number 1086   86
Counting of prior attorneyship services toward seniority upon employment in a job subject to retirement   86
Attorneys employed with public agencies and organizations and state economic enterprises   88
Representation abroad   88
Holding of elections   88
Inspection and Auditing   90
Temporary provisions   91
Provisional Article 1 –   91
Provisional Article 2 –   92
Provisional Article 3 –   94
Provisional Article 4 –   95
Provisional Article 5 –   95
Provisional Article 6 –   95
Provisional Article 7 –   96
Provisional Article 8 –   96
Provisional Article 9 –   96
Provisional Article 10 –   96
Provisional Article 11 –   96
Provisional Article 12 –   96
Provisional Article 13 –   97
Provisional Article 14 –   98
Provisional Article 15 –   98
Provisional Article 16 –   98
Provisional Article 17 –   98
Provisional Article 18 –   99
Provisional Article 19 –   99
Provisional Article 20 –   100
Supplementary Provisional Article 1 –   100
Date of entry into effect of the present Law   100
Enforcement authority of the present Law   100
PROVISIONAL ARTICLES NOT POSTED IN THE MAIN LAW NUMBER 1136 DATED 19 MARCH 1969   101
1) Provisional articles of Law Number 3256 dated 22 January 1986   101
Provisional Article 1 –   101
Provisional Article 2 –   102
Provisional Article 3 –   102
Provisional Article 4 –   102
2) Provisional articles of Law Number 4667 dated 2 May 2001   102
Provisional Article 1 –   102
Provisional Article 2 –   103
Provisional Article 3 –   103
DATES OF ENTRY INTO EFFECT OF LAWS SUPPLEMENTING AND AMENDING LAW NUMBER 1136   104
 

ATTORNEYSHIP LAW





PART ONE
Attorneyship And The Attorney

Nature of attorneyship
Article 1 – Attorneyship is a public service and a liberal profession.
<Amended as per Article 4667/1 dated 2 May 2001>  The attorney freely represents the independent defense which is one of the constituents of the judiciary. 

Purpose of attorneyship
Article 2 – <First paragraph amended as per Article 4667/2 dated 2 May 2001>  The purpose of attorneyship is to ensure with juridical bodies at every level, arbitrators, public and private entities, boards and agencies the arrangement of legal relations, the just and fair settlement of all kinds of legal issues and disputes, and the full implementation of legal rules.
The attorney places his/her legal knowledge and expertise in the service of justice and at the disposal of individuals for this purpose.
<Amended as per Article 4667/2 dated 2 May 2001>  Juridical bodies, police departments, other public institutions and agencies, state economic enterprises, private and public banks, notaries public, insurance companies and foundations are under the obligation to assist attorneys in carrying out their duties. These entities are obligated to submit to attorneys for their review the information and documents they require, except for the particular provisions in the statutes of the former. Getting copies of such documents is subject to the presentation of a power of attorney. In cases pending, warrants may be received from the court without waiting until the date of hearing.
 
PART TWO
Admission Into The Profession Of Attorney

Conditions for admission
Article 3 – <Amended as per Article 2178/1 dated 30 January 1979>
The conditions below shall be met for admission into the profession of attorney:
a) Being a citizen of the Republic of Turkey.
b) Being a graduate of one of the Turkish faculties of law; or being a graduate of a faculty of law in a foreign country and having passed examinations in the extra courses in the curriculum of Turkish faculties of law.
c) Having received an apprenticeship completion certificate after having served apprenticeship.
d) <Supplementary provision as per Article 4667/3 dated 2 May 2001> Having passed the attorneyship examination.
e) Having a legal domicile in the jurisdictional area of the bar association in the directory of which registration is sought.
f) Not being in a status unfit for attorneyship as per the present law.

Exceptions
Article 4 – <Amended as per Article 4667/4 dated 2 May 2001>
The conditions set forth in Article 3, Subparagraphs c and d shall be waived for those who have served for four years in the posts of  judge and prosecutor in  civil, administrative, and military branches of the judiciary, rapporteur at the Constitutional Court; member in the Council of State, and professor, associate professor, and assistant professor  of courses of jurisprudence in faculties subordinate to universities; and ten years in the posts of legal advisor with government agencies.
Of Turkish citizens and individuals who have acquired Turkish citizenship, those who have graduated from foreign faculties of law and have served as judge, prosecutor, or attorney at all levels of courts where they came from for four years and those who have taken up attorneyship as a profession shall be exempt from the conditions set forth in  Article 3, Subparagraphs c and d provided that they have passed examinations administered as per relevant procedures in the extra courses in the curriculum of Turkish faculties of law as stated in Article 3, Subparagraph b and that their proficiency in the Turkish language has been established by passing a language examination.
For registration in the bar association, those identified in the first and second paragraphs shall be required to furnish an uncertified copy of a synopsis of their professional records in addition to the documents indicated in Article 17, Subparagraphs 1 and 2.

Impediments to admission into attorneyship
Article 5 – The request for admission into attorneyship shall be denied in the presence of any one of the circumstances below:
a) <Amended as per Article 4667/5 dated 2 May 2001> Having been definitively sentenced to imprisonment in excess of two years with the exception of crimes of negligence or heavy imprisonment in excess of one year or having been convicted of one of the infamous crimes such as  simple and aggravated embezzlement, malversation, bribery, theft, swindling, fraud, betrayal of confidence and fraudulent bankruptcy as well as smuggling, with the exception of smuggling for the purpose of use and consumption, and bid rigging.
b) <Amended as per Article 3256/2 dated 22 January 1986> Having forfeited one’s eligibility for the posts of judge, public servant or attorney as a result of a disciplinary sentence that has become final.
c) Having an unsavory reputation for misconduct not becoming a member of the profession of attorneyship.
d) Being engaged in occupations not compatible with the profession of attorneyship.
e) Having been declared incompetent by a court.                                                                                                                                                 
f) Not having one’s credit restored after bankruptcy (Those convicted of negligent and fraudulent bankruptcy shall not be admitted even if their credit has been restored).
g) Not having had a formerly issued certificate of insolvency rescinded.
h) Having a bodily or mental handicap hindering one from practicing attorneyship permanently in an appropriate manner.
<Amended as per Article 4667/5 dated 2 May 2001)> Those who have been convicted of one of the infamous crimes enumerated in Subparagraph a of the first paragraph shall not be admitted into attorneyship even if their sentences have been deferred, commuted to a fine, or pardoned.
<Amended as per Article 3256/2 dated 22 January 1986)> The decision regarding  a candidate’s request for admission into attorneyship may be suspended pending the completion of a prosecution in the event that one has been initiated against him/her for an offense punishable by one of the penalties stated in Subparagraph a of the first paragraph.
However, the request shall be decided upon without waiting for the conclusion of the prosecution in instances where the request should be denied regardless of the outcome. 
Request for registration in the bar association
Article 6 – <Amended as per Article 4667/6 dated 2 May 2001>
Those who have passed the attorneyship examination or those satisfying the conditions in Article 4 may request in writing to be registered in the directory of the bar association to which they have applied.

Decision
Article 7 – The board of directors of the bar association is under the obligation to make a reasoned decision within one month of the date of delivery of the written request for registration in the bar association.
Should a decision not be made during this period, the candidate’s request for admission shall be considered as having been denied. In such a case, the candidate shall be at liberty to file an objection with the Union of Bar Associations of Turkey within fifteen days as of the expiration of the one-month period. The terms of Article 8 shall be applied by analogy in the event of an objection.

Objection to denial of request or to decision to wait until the completion of prosecution
Article 8 – Should the board of directors of the bar association deny the request for admission into attorneyship or decide to wait until the completion of the prosecution, it will indicate the reason in its decision.
The candidate may object to this decision within fifteen days as of the date of notice by petitioning the Union of Bar Associations of Turkey through the bar association that made the decision. The bar association concerned will give the candidate a document certifying the date of objection. No taxes, duties, or charges will be levied for this document.
The Union of Bar Associations of Turkey will accept or reject the objection after examining the file. The objection shall be considered as having been rejected if a decision is not made by the Union of Bar Associations of Turkey within one month as of the date of objection.
<Amended as per Article 4667/7 dated 2 May 2001> The decisions of the boards of directors of bar associations regarding the registration of candidates in their directories will be forwarded to the Union of Bar Associations of Turkey within fifteen days as of the date of decision. The Union of Bar Associations of Turkey will make its own decisions as to the appropriateness of the bar associations’ decisions and the sustenance or overruling of the objections within one month of receiving them; and will submit its own decisions to the Ministry of Justice within one month as of the date they were made. These decisions will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey.
The decisions of the boards of directors of bar associations regarding the rejection of a request for admission into attorneyship or waiting until the completion of  prosecution will become final if not objected to within the period allowed.
<Amended as per Article 4667/7 dated 2 May 2001> Suits may be filed with administrative tribunals by the Union of Bar Associations of Turkey, the candidate, and the bar association concerned against the decisions made by the Ministry of Justice in accordance with the fourth paragraph; and by the Ministry of Justice, the candidate, and the bar association concerned against the decisions made by the Union of Bar Associations of Turkey after reconsideration of the decisions found inappropriate and returned by the Ministry of Justice.
The bar associations are under the obligation to implement immediately the decisions that have become final.

License of attorneyship and oath
Article 9 – A candidate admitted into the profession of attorneyship will be issued a license by the bar association concerned.
Admission into attorneyship will become effective from the moment the license is issued.
Once admitted into attorneyship in this manner, the candidate becomes entitled to use the title of “attorney”, which is communicated to the Union of Bar Associations of Turkey.
<Amended as per Article 4667/8 dated 2 May 2001> Licenses and identification cards of attorneys are printed by the Union of Bar Associations of Turkey in a standard format. The attorney identification card bears the nature of an official document.
When being issued his/her license, an attorney admitted into the profession is made to take the following oath before the board of directors of his/her bar association:
<Amended as per Article 4667/8 dated 2 May 2001> “I swear on my honor and conscience to abide by the law, the principles of morality, and the rules of this profession; and to uphold its respectability.”
That the attorney was made to take an oath will be noted in a memorandum and kept in his/her file together with the wording of the oath. The memorandum will be signed by the attorney taking the oath as well as the members of the board of directors of the bar association.

Notification of the decision of rejection
Article 10 – Once the decision becomes final regarding the rejection of the request of a candidate for admission into the profession of attorneyship or regarding waiting until the completion of an ongoing prosecution, the bar association concerned will pass on the candidate’s name to the other bar associations and the Union of Bar Associations of Turkey. This done, no bar association will be allowed to register that candidate in its directory unless the reasons for the rejection or the wait cease to exist.
PART THREE
Instances of Prohibition

Activities incompatible with attorneyship
Article 11 – Services and duties rendered in exchange for payments such as a monthly salary, a fee, a daily wage, or dues; working as an insurance agent, a merchant, or a tradesman; and all activities not agreeing with the respectability of the profession are incompatible with attorneyship .

Activities compatible with attorneyship
Article 12 – <Amended as per Article 3256/3 dated 22 January 1986>
The activities listed below fall outside the scope of Article 11:
a)   Membership in parliament, a provincial general assembly, or a municipal assembly.
b)   <Amended as per Article 4667/9 dated 2 May 2001> Professorship and associate professorship in the field of law .
c)   Legal consultancy and permanent attorneyship with legal entities under private law, and salaried attorneyship in a law office.
d)   Arbitratorship, liduidatorship, or any duty or service assigned by or being rendered for judicial bodies or a judicial office.
e)   Position of president or member of the board of directors or auditor with state economic enterprises, public economic organisations and their affiliates, joint ventures and subsidiaries falling under the scope of Decree-Law, number 233, on State Economic Enterprises; as well as corporations other than state economic enterprises and public economic organisations whose capital is owned by the State or other legal entities, provided that engaging in another occupation or service is not prohibited as per the aforementioned Decree-Law.
f)   Partnership, board chairmanship, board membership, and auditorship in joint stock corporations, limited companies, and cooperative companies; and partnership in commandite.
g)   Board chairmanship, board membership, and auditorship in charitable, scientific, and political organizations.
h)   Publishership of a newspaper or a periodical publication or editorship of same.
The provisions of Law number 3069 on Activities Incompatible with Membership in the Grand National Assembly of Turkey are reserved as far as members of parliament are concerned.
<Amended as per Article 4667/9 dated 2 May 2001> Those indicated in Subparagraph e are prohibited from conducting court action against the Treasury, municipalities and provincial special administrations,  agencies and organizations under the management and supervision of provincial and municipal administrations, village legal entities, and companies and organizations with publicly owned stock. Likewise, provincial general assembly and municipal assembly members are prohibited from conducting court action against the legal entities they are associated with; and professors and associate professors in higher education are prohibited from conducting court action against institutions and organizations of higher education.
This prohibition also covers the partners of the attorneys concerned and the attorneys they employ.
Legal consultants and attorneys holding a post of employment in and receiving a regular salary or fee from the budget of the State, a province, or a municipality; or from agencies, organizations or companies under the management and supervision of the State, a province, or a municipality may practice attorneyship only in the affairs of these agencies, organizations or companies.

The attorney’s relation of kinship or marriage with a judge or prosecutor
Article 13 – An attorney who is the spouse of a judge or a public prosecutor, or a legal or sanguinary ascendant or descendant, or a relative up to the second degree (included) may not practice attorneyship in lawsuits and legal action conducted by that judge or public prosecutor.

Prohibition from practicing attorneyship after termination of certain duties
Article 14 – <Amended as per Article 2178/4 dated 30 January 1979>
Civil, administrative, and military judges and prosecutors who have left their posts for such reasons as retirement or resignation are prohibited for two years as of the date of termination of their duties from practicing attorneyship in the jurisdictional area of the courts or offices where they served during the last five years.
The above provision will be applied also to members of the Constitutional Court and judges of the Appeal Courts.
<Amended as per Article 3256/4 dated 22 January 1986> Those employed by the State, a municipality, a provincial special administration, and the state economic enterprises, public economic organizations, and their affiliates, joint ventures and subsidiaries falling under the scope of the Decree-Law, number 233, on State Economic Enterprises may not take cases and conduct court action against their former employer within a period of two years following their departure.
<Amended as per Article 2442/1 dated 1 April 1981> The Chairperson of the Supreme Court of Military Appeals, the Chief Military Appeals Prosecutor, the Deputy Chairperson, department chiefs and members, the Chief of the Department of Military Justice Affairs at the Ministry of Defense of Turkey, the Chairperson of the Board of Inspectors of Military Justice, the Legal Consultant to the Turkish General Staff, martial law legal consultants, and the judges, prosecutors, and their deputies assigned to martial law military courts may not practice attorneyship in martial law military courts for three years after the termination of their duties even if they have been reassigned to other posts.
PART FOUR
Apprenticeship

General
Article 15 – <Amended as per Article 2178/4 dated 30 January 1979>
The duration of attorney apprenticeship is one year. The first six months are served in courts and the remaining six months with an attorney with a minimum of five years in the profession (this five-year period is calculated by including the time spent in the services mentioned in Article 4 of this Law.)
The courts and judicial offices where apprenticeship will be served and the manner how will be specified in the relevant regulations.

Qualifications required
Article 16 – <Amended as per Article 4667/11 dated 2 May 2001>
Of those having the qualifications stated in Article 3, Subparagraphs a, b, and f, the ones who do not have other engagements to keep them from serving an uninterrupted apprenticeship and are not impeded by the circumstances mentioned in Article 5 will apply in writing to the bar association where they will serve their apprenticeship.

Documents to be enclosed with the letter of application
Article 17 – The following documents will be enclosed with the letter of application to be submitted as per Article 16:
1. The originals and two certified copies each of the documents pertaining to the qualifications required by this Law.
2. A personal statement that the candidate is free of the circumstances mentioned in Article 3, Subparagraph f  and Article 5, Subparagraph a.
3. Written consent of the attorney with whom apprenticeship will be served.
4. A testimonial drawn up by two attorneys enrolled with the bar association concerned describing the candidate’s moral character.
One copy each of these documents will be certified by the president of the bar association and forwarded to the Union of Bar Associations of Turkey. The other copy and the original will be kept in the candidate’s file in the bar association concerned. The written consent of the attorney with whom apprenticeship will be served will not be sought in cases described in Article 22, Subparagraphs 2 and 3.
<Added as per Article 3256/5 dated 22 January 1986> The candidate requesting apprenticeship will be adjudged a penalty as per Article 528 of the Turkish Criminal Code if the personal statement submitted by him/her is discovered to be false.

Announcement of the request
Article 18 – The candidate’s request will be announced within ten days of the date of request by being posted, together with the enclosures listed in the preceding Article, where suitable in the premises of the bar association or the judicial office for fifteen days.
Any attorney or apprentice or other parties may raise objections to the inclusion of the candidate in the apprentice roster. However, clear evidence or occurrences should be demonstrated in order that the objection be taken into consideration.

Report
Article 19 – Before the request is announced, the president of the bar association will task one of the lawyers enrolled with the bar association with preparing a report by investigating whether the candidate possesses the required qualifications and whether he/she is engaged in any activities incompatible with attorneyship.
The attorney thus tasked will be under the obligation to submit the report to the bar association within fifteen days at the latest.

Decision
Article 20 – Taking into account the report mentioned in Article 19, the board of directors of the bar association will make a decision with a rationale within one month as of the expiration of the objection period as to whether the candidate should be put in the apprentice roster. While the decision is communicated to the candidate, a copy is submitted to the local public prosecutor for review together with the candidate’s personal file.
The members of the board of directors of the bar association may object to the decision within fifteen days as of the date of decision, the local public prosecutor as of the date of his/her receipt of the decision, and the candidate as of the date the decision was communicated to him/her.
The absence of a decision within the period mentioned in the first paragraph will mean that the request has been denied in which case the candidate may submit an objection to the Union of Bar Associations of Turkey within fifteen days as of the expiration of the one-month period.
<Amended as per Article 4667/12 dated 2 May 2001> The decisions made by the Union of Bar Associations of Turkey regarding the objections will become final if no decision is made by the Ministry of Justice within two months as of the date of receipt of the Union decisions by that Ministry or if the Union decisions are approved by the Ministry. However, the Ministry of Justice will return to the Union of Bar Associations of Turkey for reconsideration the decisions it does not find appropriate together with the reasons for returning. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey.
<Amended as per Article 4667/12 dated 2 May 2001> Suits may be filed with administrative tribunals by the Union of Bar Associations of Turkey, the candidate, and the bar association concerned against the decisions made by the Ministry of Justice in accordance with the preceding paragraph; and by the Ministry of Justice, the candidate, and the bar association concerned against the decisions made by the Union of Bar Associations of Turkey after reconsideration of the decisions found inappropriate and returned by the Ministry of Justice.

Commencement of apprenticeship
Article 21 – The attorney apprenticeship commences with the inclusion of the candidate in the apprentice roster. Objections will halt the inclusion process.

Attorney with whom apprenticeship will be served
Article 22 – Candidates approved by the local public prosecutor and recommended to the bar association to commence apprenticeship with an attorney will start working with the attorney indicated in their application as having already
accepted them.
Upon the request of the president of the bar association or the application of parties concerned, the board of directors of the bar association may decide to have an apprenticeship served with an attorney other than the one indicated in the candidate’s application.
The president of the bar association will determine the attorneys with whom candidates who were unable to obtain the document mentioned in Article 17, Subparagraph 3 will serve their apprenticeship.
An attorney is under the obligation to accept a candidate assigned to serve apprenticeship with him/her as per the circumstances described in the second and third paragraphs above.

Serving the apprenticeship and the duties of the apprentice
Article 23 – <Amended as per Article 4667/13 dated 2 May 2001>
Apprenticeship is served without interruption. The days of absence with a valid excuse will be authorized to be served to completion by a decision of the judicial committee for apprenticeship in courts, and of the board of directors of the bar association for apprenticeship with an attorney, provided that such a request is made by the candidate within one month after the ending of the excuse.  In the presence of a valid excuse, the chairperson of the judicial committee or the president of the bar association, depending on where apprenticeship is being served, may grant the candidate a leave of absence not to exceed thirty days by receiving also the opinion of the attorney with whom the apprenticeship is being served.
The apprentice is under the obligation to attend hearings together with the attorney, to conduct the attorney’s business with courts and administrative offices, to manage lawsuit files and correspondence, to participate in training activities organized by the bar association, and to perform other tasks assigned by the board of directors of the bar association and to be designated in regulations . Apprentices have to abide by the rules of the profession and the principles set forth in regulations.

Apprenticeship reports
Article 24 – <Amended as per Article 2178/5 dated 30 January 1979>
Apprenticeship will be served under the supervision of the judicial committee, the bar association, and the host attorney.
The judges and public prosecutors with whom the apprentice serves will issue a report evaluating his/her performance as an apprentice, professional interest, and moral character.
The host attorney will issue a report at the end of the first three months and a final one at the completion of the apprenticeship period evaluating the performance of the apprentice, his/her professional interest, and moral character.

Extension of the duration of apprenticeship
Article 25 – <Amended as per Article 4667/14 dated 2 May 2001>
After studying the reports issued about the apprentice and, if necessary, taking into consideration the outcome of a review to be conducted by a designated board member, the board of directors of the bar association may decide to issue an apprenticeship completion certificate or to extend the duration of the apprenticeship by up to six months.
This decision of the board of directors is final.

Tasks that apprentices may perform
Article 26 – <Amended as per Article 4667/15 dated 2 May 2001>
After starting apprenticeship with an attorney, apprentices may, with the written consent and under the supervision and responsibility of the latter, attend hearings concerning the court actions and other business being conducted by their host attorney in civil courts of peace, criminal courts of peace, and enforcement courts as well as conduct business at enforcement offices.
This power will terminate with the issuance of the apprenticeship completion certificate or deletion from the apprentice roster.

Bar associations’ aid to apprentices
Article 27 – <Amended as per Article 4667/16 dated 2 May 2001>
The Union of Bar Associations of Turkey will loan money to apprentices throughout the duration of apprenticeship.
The source of the loans to be paid is the cost of the revenue stamps attorneys will affix to the powers of attorney to be presented to authorities concerned and the money coming in from repayments and their revenues. The revenue stamps are printed by the Union of Bar Associations of Turkey. The nominal value of the revenue stamps to be affixed is equal to the value in the tariffs used for the sample powers of attorney in the chapter on Judicial Fees of the Law of Charges Number 492 dated 2 July 1964.
Authorities to whom attorneys present powers of attorney may not accept powers of attorney not bearing any revenue stamps or those bearing less than the specified amounts. Where necessary, the person submitting the power of attorney will be granted ten days during which to complete the outstanding amount of revenue stamps. The power of attorney will not be pocessed unless the outstanding amount is completed within this period.
Any amount remaining after the payment of credit to apprentices will be spent for supporting colleagues and promoting the profession.
The policy of this credit and the conditions for entitlement, the definition of the beneficiaries, the manner of repayment, the principles for dividing between bar associations and the Union of Bar Associations of Turkey, and spending, the money coming in from repayments and the amount remaining after credit payments, and other points will be stipulated in the regulations  to be prepared by the Board of Directors of the Union of Bar Associations of Turkey and to be approved by the Ministry of Justice.
The division and expenditure of the cost of the revenue stamps, the money coming in from credit repayments and their revenues, and the amount remaining after credit payments will be audited annually by the Ministry of Justice in accordance with the terms and procedures set forth in Supplemetary Article 4.
 
PART FIVE
Attorneyship Examination

Examination
Article 28 – <Abolished as per Article 2178/8 dated 30 January 1979 – Amended as per Article 4667/17 dated 2 May 2001>
The attorneyship examination is commissioned to the Student Selection and Placement Center (ÖSYM) by the Union of Bar Associations of Turkey. Those who have not received an apprenticeship completion certificate will not be allowed to take the examination.

Eligibility for the examination
Article 29 – <Abolished as per Article 2178/8 dated 30 January 1979 – Amended as per Article 4667/18 dated 2 May 2001>
Those who are eligible for the examination will be issued an examination application form by the board of directors of the bar association in whose apprentice roster they are registered. A list of apprentices thus issued application forms will be submitted to the Union of Bar Associations of Turkey.
An apprentice who has failed six times in the attorneyship examination will not be allowed to take the examination again.
Circumstances where a valid excuse is recognized by the Union of Bar Associations of Turkey notwithstanding, apprentices will have four years to use all of their chances to take the examination as of the date the apprenticeship completion certificate was issued.

The nature and topics of the examination
Article 30 – <Abolished as per Article 2178/8 dated 30 January 1979 – Amended as per Article 4667/19 dated 2 May 2001>
The purpose of the attorneyship examination is to evaluate the apprentices’ knowledge of professional rules and their proficiency in applying legal principles and jurisprudence to cases.
The examination is given twice a year.  The examination dates are determined by dividing the year into two equal parts to the extent possible.
The determination and announcement of examination dates, the examination topics, passing grade, expenditures etc. will be indicated in regulations  to be promulgated by the Union of Bar Associations of Turkey.

 
Examination results
Article 31 – <Abolished as per Article 2178/8 dated 30 January 1979 – Amended as per Article 4667/20 dated 2 May 2001>
Examination results will be communicated to the Union of Bar Associations of Turkey, the respective bar associations of the apprentices, and the apprentices themselves by the Student Selection and Placement Center (ÖSYM).

Articles 32-33 – <Abolished as per Article 2178/8 dated 30 January 1979>

 
PART SIX
The Rights And Duties Of The Attorney

General
Article 34 – <Amended as per Article 4667/21 dated 2 May 2001>
Attorneys are under the obligation to carry out the duties they assume with care, accuracy, and integrity in a manner becoming the sacredness of their profession; to comport themselves in a manner suitable to the respect and trust the profession requires; and the comply with the professional rules set by the Union of Bar Associations of Turkey.

Work exclusive to attorneys
Article 35 – <Amended as per Article 1238/1 dated 26 February 1970>
Providing opinion in legal matters; litigating and defending the rights of real persons and legal entities before courts, arbitrators, and other bodies invested with jurisdictional powers; and managing all documentation associated therewith are the sole prerogative of attorneys enrolled with bar associations.
Attorneys enrolled with bar associations may conduct all types of action with public offices other than those mentioned in the first paragraph.
Every person with the capacity to sue may prepare the documents for his/her own lawsuit, file suit in person, and conduct his/her own business in courts. <Supplementary provisions: Article 4667/22 dated 2 May 2001> However, joint stock companies with an original capital five times the amount of original capital stipulated in Article 272 of the Turkish Commercial Code, Number 6762 dated 29 June 1956, or more; and building cooperatives with one hundred or more members are required to retain a lawyer under contract. Organizations failing to comply with the provisions of this paragraph will be penalized by the highest ranking local government officer with a fine in the gross amount of one month’s minimum wage, effective for workers in the industrial sector older than sixteen years of age on the date of the crime, for each month spent without a lawyer under contract. The fine penalties will be communicated to those concerned in accordance with the provisions of the Service of Process Law. These penalties may be objected to with the criminal court of peace having jurisdiction within a maximum of seven days as of the date of notification. The decision made concerning the objection will be final. The fines  are collected as per Law number 6183 dated 21 July 1953 on the Procedure of Collecting Money Owed to the State and marked as revenue to the treasury of the Republic of Turkey .
The provisions of the Codes of Civil and Criminal Procedure and other laws are reserved.

 
Seeking conciliation
Article 35/A – <Amended as per Article 4667/23 dated 2 May 2001>
In actions and cases that have been entrusted to them, attorneys, together with their clients, may invite the other party to conciliation before a suit has been filed or before hearings have commenced for an already filed suit, provided that such conciliation pertains exclusively to matters that the parties may elicit of their own will. If the other party takes up the invitation and conciliation is reached, the subject of the conciliation, its place and date, and the actions that each party will  carry out are laid out in a memorandum and signed jointly by the attorneys and the clients. Such memoranda are in the nature of a court decision in the sense of Article 38 of the Enforcement and Bankruptcy Law, number 2004, dated 9 June 1932.

Keeping information confidential
Article 36 – Attorneys are prohibited from disclosing information that has been entrusted to them or that they come upon in the course of performing their duties both as an attorney and as members of the Union of Bar Associations of Turkey and various bodies of bar associations.
Attorneys’ testification on matters mentioned in the first paragraph is contingent upon their having received the client’s consent. However, even with this condition satisfied, the attorney may refrain from testification. <Additional sentence as per Article 4667/24 dated 2 May 2001> Exercising the right to refrain will not entail legal and criminal responsibility.
The foregoing provisions apply to the clerks employed by the Union of Bar Associations of Turkey and bar associations, as well.

Notification of refusal of commission
Article 37 – Attorneys may refuse without stating a reason a commission offered to them. The refusal must be communicated to the client without delay.
A person whose offer of commission has been refused by two attorneys may request the president of the bar association to assign an attorney for him/her.
<Amended as per Article 4667/25 dated 2 May 2001> The attorney thus assigned is under the obligation to render services at the fee decided by the president of the bar association.

Statutory refusal of commission
Article 38 – Attorneys are under the obligation to refuse a commission if,
a) They find the commission irregular or unjust when it is offered, or later arrive at this conclusion;
b) They have given their services or opinion as an attorney to a party with conflicting interests in the commission offered;
c) <Amended as per Article 4667/26 dated 2 May 2001> They have previously been involved in the commission offered as judge, arbitrator, public prosecutor, expert witness, or clerk;
d) They find themselves in the position of claiming the invalidity of a bond or a contract drawn up earlier by themselves;
e) <abolished as per Constitutional Court decision 43/84 dated 2 June 1977>
f) The commission they have been offered contradicts the policy of professional solidarity and order laid down by the Union of Bar Associations of Turkey.
The circumstances for statutory refusal apply to the attorneys’ partners and other attorneys in their employ.
<Third paragraph abolished as per Constitutional Court decision 19/9 dated 21 January 1971>
<Last paragraph abolished as per Constitutional Court decision 43/84 dated 2 June 1977>

Attorneys’ right to keep documents and lien
Article 39 – Attorneys are under the obligation to keep the documents given to them for three years after the termination of their commission. However, if a written notice has been sent to the client to retrieve his/her documents, such obligation will cease to exist at the end of three months as of the date of such notice.
Attorneys are not obligated to return the documents in their keeping unless they have received their fee and have been reimbursed for their expenses.

Statute of limitations in claims for damages
Article 40 – <Amended as per Article 4667/27 dated 2 May 2001>
Claims for damages made by the client on the basis of the contract will be abated one year after the date of first knowledge of the acquisition of this right and in any case after five years from the event causing the damages.

Resignation from rendering services
Article 41 – The representation duty of an attorney who resigns from rendering a specific service or from defense of his own volition will continue for fifteen days as of the date the attorney informs the client of the situation.
However, an attorney assigned by the legal aid office or the president of the bar association may not desist from performing this duty in the absence of force majeure or a valid excuse. The evaluation of the force majeure or the valid excuse is at the discretion of the authority assigning the attorney.

Temporary assignment of an attorney
Article 42 – In the event of an attorney’s death, or dismissal from the profession or the commission, or prohibition from practice, or temporary incapacitation, the president of the bar association will assign another attorney to temporarily render and take charge of services by receiving the written consent of the client(s) and will have the files transferred to the him/her. <Additional sentence as per Article 4667/28 dated 2 May 2001> The president will also report the situation to the courts and other parties he/she may consider necessary. These provisions will also apply to attorney partnerships by analogy.
The statutory periods for the actions stated in the above paragraph will not  commence until the files are submitted. However, such period may not exceed three months.
<Abolished as per Article 4667/28 dated 2 May 2001>
The newly assigned attorney may refuse the assignment by giving just reasons. It is at the discretion of the board of directors of the bar association to decide whether the reasons given are just.
The representation duty will proceed under the responsibility of the attorney who has assumed this duty and will not be contingent upon the instructions of the represented attorney. The fee for the work done will be paid by the attorney represented. The amount of the fee will be determined by the board of directors of the bar association in the event of a dispute.

Requirement to establish office
Article 43 – Every attorney is under the obligation to establish an office in the jurisdictional area of the bar association in whose directory he/she is enrolled. The specifications of the office will be defined by the bar association.
An attorney may not have more than one office. Attorneys working together may not have separate offices. <Additional sentences: Article 4667/29 dated 2 May 2001> An attorney partnership may not open a branch in Turkey. Members of parliament may not practice attorneyship during their term in parliament.
Attorneys moving their residence or office must inform the bar association of their new addresses within one week.

Attorneys working together or as an attorney partnership
Article 44 – <Amended as per Article 4667/30 dated 2 May 2001>
Attorneys may practice their profession together in the same office or as an attorney partnership.
A)   Working together in the same office
Working together is when more than one attorney enrolled with the same bar association practice their profession using the same office. Such togetherness does not make a legal entity; nor is the work done considered commercial.
It is mandatory to juxtapose the expression “Attorneyship Office” with the name(s) and/or last name(s) of one or several of the attorneys working together. The mutual rights and obligations, the sharing of revenues and expenditures, office management, and the termination of togetherness are defined by those working together and submitted in writing to the bar association they are enrolled with.
B) Attorney partnership
An attorney partnership is a legal entity formed by more than one attorney enrolled with the same bar association to practice their profession in accordance with the present Law. The work done by an attorney partnership is professional and not considered commercial. It is subject to the same provisions as applied to privately owned companies as far as taxation is concerned. The name of the attorney partnership is made up by the addition of the expression “Attorney Partnership” to the name(s) and/or last name(s) of one or several partners. Foreign attorney partnerships wishing to operate in Turkey within the framework of the current laws on incentives for foreign capital may only offer services of consultancy in foreign laws and international law provided that they have been formed in compliance with the present Law and the arrangements stipulated for attorney partnerships. This restriction also applies to attorneys who are citizens of the Republic of Turkey or of foreign countries working for the foreign attorney partnership. The condition that the partners be enrolled with a bar association is not required for this type of attorney partnerships. The implementation of this rule is contingent upon reciprocality.
An attorney partnership with a basic contract modelled after the standard basic contract assumes legal personality upon being recorded in the Attorney Partnership Register of the Bar Association by the board of directors of the bar association with which its partners are enrolled. A request for registration may only be refused on the grounds of discordance with the present Law and the standard basic contract. In such a case, the provisions of Article 8 will be applied by analogy. A copy of the basic contract will be forwarded to the Union of Bar Associations of Turkey.
a) The rights and liabilities of the partners
1. The shares and percentages of partnership are determined freely. Partners may transfer their shares only to partners or third parties that are attorneys. In the event that a partner is prohibited from transferring his/her shares by the contract, or the other partners do not approve the transfer of the shares, or an inheritor is not an attorney or disclaims the inheritance, or the partner discontinues his/her practice because of retirement or health reasons, or is deleted from the directory of the bar association, or quits or is dismissed from the profession, or his/her share is attached, his/her share in the partnership will be bought by the other partners at its basis value in proportion to their shares. The provisions for liquidation in the regulations will be applied if the transfer actions are not concluded within three months.
2. Powers of attorney are drawn up in the name of the partnership. The partnership issues a document of authorization to the attorneys charged with conducting court action.
3. An attorney partnership may not acquire privileges or property outside its purpose; may not establish partnerships with third parties; and may not take over the shares of legal entities. The partners may not be partner to more than one attorney partnership; may not have an office other than that of the partnership; and may not conduct court action on a freelance basis.
4. An attorney partnership carries unlimited joint and several liability together with its partners and the attorneys it employs for all their actions, deeds, and debts connected with the partnership. The responsibilities of the partners and the attorneys the partnership employs regarding their professional duties are reserved under the Attorneyship Law and professional rules. The disciplinary actions and penalties in the present Law will be applied to attorney partnerships, as well.
5. The partner charged with the management and representation of the partnership will be responsible for the keeping of books and records. Attorney partnerships must keep a lawsuits and actions book, a shares book, a decisions book, a revenues and expenses book, and a fixtures book.
b) Settlement of disputes
Any and all disputes to arise between attorneys working together, or between attorneys in partnership in connection with their mutual affairs with one another, the affairs of the partnership, or affairs with third parties regarding price in the transfer and succession of partnership shares will be settled in accordance with the provisions of the present Law and relevant regulations by the board of arbitration defined in Article 167 of the present Law.
c) The legal and formal conditions of points which must be addressed in the standard basic contract of the attorney partnership such as the identification data of the partners, the title and address of the partnership, the shares in partnership, the relationship between the partners, the division of labor concerning lawsuits and cases, the powers of the managing partners, the management and representation of the partnership, [the board of partmers, the terms of reference of the [board], the sharing of revenues and expenditures, auditing, leaving the partnership, dismissal from the partnership, transfer of shares, termination of the partnership, voluntary and statutory dissolution, and liquidation will be provided for in the regulations  prepared by the Union of Bar Associations of Turkey and published in the Official Gazette after approval by the Ministry of Justice.

Persons eligible for employment in attorney offices
Article 45 – <Amended as per Article 4667/31 dated 2 May 2001>
Attorneys and attorney partnerships may only employ help that is required for the profession of attorneyship in their offices.
Persons convicted of one of the crimes that are an impediment to attorneyship may not be collaborated with or employed in attorneys’ offices by any means.
<Amended as per Article 4667/31 dated 2 May 2001> Failure to abide by the foregoing provisions will be punished with dismissal from the job in the first instance and from the profession upon reoccurrence in the case of attorneys; and dismissal from the job in the first instance and deletion from the attorney partnership register upon reoccurrence in the case of attorney partnerships.

Conducting legal business, review of lawsuit files, and obtaining copies of documents by apprentices or secretaries
Article 46 – <Amended as per Article 4667/32 dated 2 May 2001>
An attorney may have his legal business conducted and have facsimiles of documents obtained by photocopying or other means by the apprentice under his responsibility or by the secretary working for him/her. The copies that the attorney does not want approved are not subject to charges.
The attorney or the apprentice may review lawsuit and legal action files without a power of attorney. A request for review of files must be fulfilled by those concerned. Attorneys not presenting a power of attorney may not obtain copies or photocopies of the papers and documents in the files.

Prohibition of appropriation of contested rights
Article 47 – Attorneys are prohibited from acquiring or mediating in the acquisition of contested rights. This prohibition remains effective for one year after the termination of the service.
The provision in the first paragraph also covers the attorney’s partners and the attorneys in his employ.
<Added as per Article 4667/33 dated 2 May 2001> However, the provisions of Article 164 are reserved.

Offering an attorney commission in exchange for personal interest
Article 48 – Persons who mediate in soliciting commission for an attorney in exchange for a fee or any kind of gain promised or given by the attorney or the client, and attorneys who resort to the services of an agent will be punished with imprisonment from six months to one year.
The imprisonment sentence may not be less than one year in the event the perpetrators are public servants.

Official attire of attorneys
Article 49 – Attorneys are under the obligation to be dressed in the official attire designated by the Union of Bar Associations of Turkey when they appear in court.

Space to be allocated to the bar association and attorneys
Article 50 – It is obligatory to allocate adequate space for the use of the local bar association in every judicial office and for attorneys in every courtroom and enforcement office.
<Added as per Article 4667/34 dated 2 May 2001> Additionally, a consultation room appropriate to the respectability and importance of the profession will be designated in every jailhouse and police station. The repair and maintenance of these rooms will be undertaken by the Ministry of Justice or the Ministry of Interior Affairs depending on the subordination.

Places inappropriate for conducting consultation
Article 51 – Attorneys are prohibited from conducting legal consultation with clients and offering their services in places other than their offices registered with the bar association, in courtrooms, and anywhere else in the premises of the justice hall.
The provision in the foregoing paragraph is not applied in the event the attorney is expressly summoned.

Keeping files
Article 52 – Attorneys are under the obligation to keep regular files on every commission they receive or every point they provide an opinion on.
Attorneys are under the obligation to sign every document written or drafted by themselves.

Minutes of discussions
Article 53 – Attorneys will note down in a memorandum the salient points of the discussions they hold in connection with their services which they think are important. The memorandum is signed at the bottom by those present at the discussion.

Register book
Article 54 – A register book patterned after a sample to be provided by the Union of Bar Associations of Turkey will be kept for every attorney in the bar association he/she is enrolled with. Albeit confidential, this register book may be viewed and notes taken from its contents at any time by its owner or another attorney duly authorized by the owner.
In the event of the owner’s transfer to another bar association, the register book is forwarded to the president of the receiving bar association.

Prohibition of publicity
Article 55 – Attorneys are prohibited from engaging in any kind of activity or enterprise which may be regarded as being in the nature of publicity in order to offer their services and particularly from displaying any other title than that of attorney and their academic titles in their signs and letterheads.
<Additional paragraphs as per Article 4667/35 dated 2 May 2001>
This prohibition also applies to the attorneys sharing an office and to attorney partnerships.
The provisions governing the above prohibitions will be determined by means of regulations  to be prepared by the Union of Bar Associations of Turkey.

The right to obtain copies and to serve notice
Article 56 – Powers of attorney properly drawn up and given to an attorney will be kept in the file mentioned in Article 52. An attorney may produce a facsimile of a power of attorney and use it by certifying its authenticity with his/her signature. Copies of powers of attorney produced by attorneys bear the nature of an official copy for all judicial bodies, public offices and organizations, and private and legal entities.
Where an original document is not expressly required by law, attorneys may present copies of all manner of papers and documents to judicial bodies and other legal offices in the legal business they conduct by authenticating the copies themselves.
An attorney authenticating copies of powers of attorney or of other papers and documents lacking an original or presenting a copy not reflecting the original will be punished by heavy imprisonment from three to six years.
Attorneys may deliver judicial papers and documents to the opposite party in cases where they have been appointed as attorneys through the judicial body concerned and in the absence of any decision by this judicial body regarding service of process. One copy each of the documents thus delivered will be inserted in the files of the judicial body concerned provided that the required charges, taxes, and duties have been paid.
<Additional paragraphs as per Article 4667/36 dated 2 May 2001>
Attorneys or attorney partnerships may give another attorney or attorney partnership a certificate of authorization that will pass for a power of attorney covering all the powers of attorney authorizing the former to delegate agents. Such certificates of authorization bear the strength of a power of attorney.
Powers of attorney are in standard form for Turkey, and their form and content are designed by the Union of Bar Associations of Turkey and the Union of Notaries Public of Turkey.

Crimes against attorneys
Article 57 – Crimes committed against attorneys during or in connection with the performance of their duties will be subject to the same provisions as if they were committed against judges.

Public prosecutor with the power to conduct investigation
Article 58 – <First paragraph amended as per Article 4667/37 dated 2 May 2001>
Investigations on attorneys induced by crimes arising in connection with their practice of attorneyship, or their duties with the organs of the Union of Bar Associations of Turkey or bar associations, or the crimes they commit during the performance of their duties will be conducted by the public prosecutor in the jurisdictional area where the crime is committed, upon the permission of the Ministry of Justice. Attorneys’ offices and residences may be searched only with a court warrant and to the extent jsutifiable by the nature of the event stated therein, under the supervision of the public prosecutor, and with a representative of the bar association in attendance. Cases of flagrante delicto calling for heavy punishment notwithstanding, an attorney’s person may not be searched.
The provisions of the Code of Civil Procedure and the Code of Criminal Procedure governing the order of trials  are reserved. However, attorneys may not be detained, nor may they be sentenced to light penalties or light fines.

Permission to prosecute, decision to initiate final investigation, and the court where trial will be held
Article 59 – The file for the investigation conducted in accordance with Article 58 will be delivered to the Directorate General of Criminal Affairs of the Ministry of Justice. Should a prosecution be considered necessary as a result of the review of the file, the file will be sent to the office of the public prosecutor of the high criminal court nearest the high criminal court in whose jurisdictional area the crime was committed.
The public prosecutor will prepare an indictment within five days and forward the file to the high criminal court for a decision as to whether the initiation of a final investigation is required or not.
A copy of the indictment is delivered to the attorney on whom a prosecution is being conducted in accordance with the provisions of the Code of Criminal Procedure. Should the attorney request, within the statutory period after the delivery of the indictment, collection of certain evidence or make any other reasonable request, such will be taken into consideration and the investigation may be deepened by the chairperson of the court.
The trials of attorneys on whom a final investigation is decided to be initiated will be held in the high criminal court of the location where the crime was committed. <Supplementary sentence: Article 4667/38 dated 2 May 2001> The situation will be reported to the bar association with which the attorney is enrolled.

Right of objection
Article 60 – The public prosecutor or the accused may object in accordance with general provisions to the decisions of the courts cited in Article 59 regarding detention or release or the decision not to initiate a final investigation.
Such objection will be reviewed by the high criminal court nearest the court which passed the contested decision, excluding the high criminal court in the location where the crime was committed.

Flagrante delicto warranting heavy punishment
Article 61 – <Amended as per Article 4667/39 dated 2 May 2001> In cases of flagrante delicto warranting heavy punishment, the preliminary investigation will be conducted by the public prosecutor in person in accordance with general provisions.

Negligence of duty and abuse of power
Article 62 – Attorneys who neglect the duties they are assigned and abuse the power conferred upon them either by virtue of their attorneyship or as members in the various organs of the Union of Bar Associations of Turkey or bar associations in accordance with the present Law or other laws (in any manner whatsoever) with the exception of the circumstances stated in Articles 294 and 295 of the Turkish Criminal Code will be punished as provided for in Articles 230 and 240 of the Turkish Criminal Code.

Exclusivity to attorneys of the exercise of attorneyship powers
Article 63 – Attorneys not entered in the directory of the bar association and those prohibited from practice may not prepare lawsuit documents for individuals other than themselves, may not follow up enforcement actions, and may not exercise any other powers associated with attorneyship. Those who do not appear on the directory may not use the title of attorney, either . <Additional sentence as per Article 4667/40 dated 2 May 2001> However, of the attorneys who have completed twenty years on the directory, those who have closed down their office and had their tax records deleted may continue to use only the title of attorney provided that they report their status and fulfill their duties and obligations to the bar association.
<Amended as per Article 3256/7 dated 22 January 1986> Those who violate the provision in the first paragraph above will be punished with heavy fine from one hundred thousand to one million Turkish Liras, and imprisonment from six months to one year.
<Amended as per Article 3256/7 dated 22 January 1986> Those who exercise the powers exclusive to attorneys by taking over claims on the basis of feigned methods or by abusing other rights granted by law although not authorized to practice attorneyship will be punished with imprisonment from one to three years and heavy fine from five hundred thousand to five million Turkish Liras.
Courts, enforcement and bankruptcy offices, and bar associations are under the obligation to notify the public prosecutor when an incident falling under the scope of this Article comes to their knowledge. The result of the prosecution to be conducted will be reported to the bar association.

Special duties toward the board of directors of the bar association
Article 64 – In matters pertaining to inspections and objections, attorneys are under the obligation to furnish information and deliver the relevant files upon request to the president of the bar association, the board of directors, or one of the members assigned by them; and to make himself/herself present when invited for a hearing by the president of the bar association, the board of directors, or one of the board members to the extent that this does not contradict the obligation to keep professional information confidential prescribed by the present Law.
<Amended as per Article 3256/8 dated 22 January 1986> The board of directors of the bar association may impose a fine from ten thousand to one hundred thousand Turkish Liras on an attorney who fails to fulfill the obligation stated in the first paragraph above. This punishment may be re-imposed at every instance of nonacceptance of a request or an invitation. However, the letter of request or invitation must include a statement that nonacceptance is punishable by a fine.
Objections may be raised against the imposition of the fine with the board of directors of the bar association within fifteen days as of the date of notification. The decision of the board of directors of the bar association  will be final.
The fines imposed in accordance with the provisions in the above paragraphs will be collected in accordance with the provisions of the present Law concerning disciplinary penalties and marked as revenue for the bar association.

Persistence in non-payment of bar association dues
Article 65 – The annual dues fixed by the general assembly will be paid in two equal installments in the months of January and September every year. A default penalty at the monthly rate of five percent will be charged for payments overdue.
An attorney may not participate in the general assembly of the bar association or exercise his/her right to vote and be elected unless he/she has paid his/her annual dues.
The names of attorneys and attorney partnerships persisting in the non-payment of their annual dues without a reasonable excuse despite service of notice will be removed from the directory and register by the decision of the board of directors of the bar association until they pay their debts together with the default penalty, and the situation will be reported to whom it may concern. The debts of attorneys and attorney partnerships falling into such status will be collected through legal channels.
 
PART SEVEN
Bar Association Directory And Attorney Roster

Obligation for entry in the directory
Article 66 – Every attorney is under the obligation to be entered in the directory of the bar association in whose jurisdictional area he/she will practice attorneyship on a permanent basis.
An attorney who is entered in the directory of a bar association is authorized to practice attorneyship in any part of Turkey provided that such practice is not on a permanent basis.

Permanent practice of attorneyship in another jurisdictional area
Article 67 – Should an attorney practice attorneyship on a permanent basis outside the jurisdictional area of the bar association in whose directory he/she is entered or is engaged in an activity punishable by disciplinary penalty, a memorandum to be drawn up by the board of directors of the bar association in that location will be sent for action to the bar association in whose directory he/she is entered.

Transfer to another bar association
Article 68 – Request for transfer from one bar association to another will be made in writing to the board of directors of the bar association  in whose directory entry is requested.
The documents to be enclosed with the request for transfer and the procedures to be applied to transfer will be prescribed in regulations.

Review and approval of request for transfer
Article 69 – The board of directors of the bar association to which transfer is requested will conduct all kinds of review and actions it deems necessary concerning the requesting attorney, particularly asking the bar association in whose directory the attorney is currently entered whether he/she is under disciplinary prosecution and owes money to the bar association. No action may be taken before the conclusion of the disciplinary prosecution and the payment of the attorney’s debt to the bar association.
In the event of the acceptance of the request for transfer, the decision will be communicated promptly by the board of directors of the receiving bar association to the Union of Bar Associations of Turkey and the bar association the attorney is leaving.

Refusal of request for transfer
Article 70 – In the event of the rejection of the request for transfer by the bar association to which transfer is sought, the attorney requesting transfer may raise an objection with the Union of Bar Associations of Turkey within fifteen days as of the date the decision is communicated to him/her.
The request will be considered as having been rejected if the board of directors of the bar association does not make a decision within one month as of the date of receipt of the request for transfer. In such a case, the attorney concerned may raise an objection with the Union of Bar Associations of Turkey within fifteen days as of the expiration of the one-month period.
The decisions to be made by the Union of Bar Associations of Turkey on objections will be final. The attorney concerned may appeal to the administrative judicial authorities regarding these decisions.
The objection will be considered as having been rejected if the Union of Bar Associations of Turkey does not make a decision within three months as of the date of receipt of the letter of objection.
If the Union of Bar Associations of Turkey decides to uphold the objection, it will promptly communicate this decision to the receiving bar association and the one the attorney is leaving.

Deletion from directory and the register of the attorney partnership
Article 71– <Amended as per Article 4667/42 dated 2 May 2001> The decision on deletion from directory and the register of the attorney partnership will be made by the board of directors of the bar association with which the attorney or the attorney partnership is enrolled.
Although a written response is requested of the attorney prior to such a decision, it is essential that the attorney has been heard by the board or has not comğlied with an invitation to a hearing within the designated period. Similarly, for a decision to be made in the case of attorney partnerships, it is essential that a partner to be appointed by the partnership has been heard by the board or the partnership has not complied with an invitation to a hearing.
The decision on deletion from directory and the register of the attorney partnership will be reasoned. The attorney or the attorney partnership may raise an objection to this decision with the Union of Bar Associations of Turkey within fifteen days as of the date of notice. The decisions made by the Union of Bar Associations of Turkey on the objections will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey. The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.
The attorney or the attorney partnership concerned will have the right to continue their practice of attorneyship until the decision on deletion from directory or the register of the attorney partnership becomes final. However, the disciplinary board of the bar association may temporarily prohibit the attorney or the attorney partnership from practice in the event it is deemed prejudicial to have them continue their practice until the decision on deletion from directory or the register of the attorney partnership becomes final.

Circumstances necessitating deletion from directory
Article 72 – The attorney’s name will be deleted from the directory under the following circumstances:
a) Loss at a later date of the qualifications required as per this Law for admission into attorneyship.
b) Discovery at a later date of reasons present at the time the license was issued which would constitute grounds for denial of the license.
c) <Amended as per Article 4667/43 dated 2 May 2001> An office not being opened in the jurisdictional area of the bar association concerned within three months; or the closing down of the office or its relocation outside the jurisdictional area of the bar association concerned; or the failure, despite reminders, of the attorney to enroll with another bar association in whose jurisdictional area he/she practices attorneyship on a permanent basis.
d) <Amended as per Article 4667/43 dated 2 May 2001> Default in the payment of annual dues to the bar association and the Union of Bar Associations of Turkey or in the repayment of apprenticeship credit despite service of notice.
e) Voluntary departure from the profession.
f) Default in the payment of group insurance premiums at the times indicated in the group policy.
g) <Added as per Article 3256/9 dated 22 January 1986> Being entered in the directory despite the impediment stated in Article 10.
<Additional paragraphs as per Article 3256/9 dated 22 January 1986>
However, an attorney discovered later than five years after the date of issuance of his/her license to have been engaged in one of the activities listed in Article 11, with the exception of activities incompatible with the respectability of the profession, may be re-entered in the directory if he/she pays the bar association three times the amount of the payments or revenues he/she has received during the apprenticeship period.
The bar association may desist from inviting the attorney for a hearing if the office address submitted to the bar association is vacated and a new address not submitted.

Right of re-entry in the directory
Article 73 – An attorney proving the discontinuation of the circumstances necessitating deletion from the directory will gain the right to be re-entered in the directory. However, the board of directors of the bar association may, if it deems necessary and by explaining the reasons, require the attorney requesting re-entry in the directory, to prove the presence of all or part of the qualifications sought for the initial entry.
With the exception of the provision on the issuance of licenses, Articles 7, 8, and 9 of the present Law will be applied by analogy to requests for re-entry in the directory.
An attorney whose re-entry in the directory has been approved by the bar association with which he/she was formerly enrolled will not be required to pay admission dues one more time.

Permanent deletion from the directory
Article 74 – The licenses of those dismissed from the profession by a criminal or disciplinary sentence and those finally convicted of crimes stated in Article 5, Subparagraph a will be withdrawn and cancelled by the board of directors of the bar association  and their names permanently deleted from the directory.
Execution of such actions is contingent upon the decision or conviction becoming final.
<Amended as per Article 4667/44 dated 2 May 2001> The attorney may raise an objection to the decision made by the board of directors of the bar association with the Union of Bar Associations of Turkey within fifteen days as of the date of notice. The decisions made by the Union of Bar Associations of Turkey on the objections will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey. The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.

Attorney roster
Article 75 – <Amended as per Article 3256/10 dated 22 January 1986> Every three years, the board of directors of the bar association will prepare a roster of all attorneys within its jurisdictional area and entered in its directory as recently as the date of 31 December of the third year. The roster will include the names and last names of all attorneys in alphabetical order, and the addresses of their offices and residences. The offices of attorneys sharing the same office and attorney partnerships will also be indicated separately in the roster. Changes to the roster will appear in an amendment roster to be prepared as of the end of every year.
The format of the roster will be determined by the Union of Bar Associations of Turkey.
Those who are entered in the directory after the roster has been completed will be issued a temporary certificate for use until the preparation of the next roster.
An adequate number of copies of the roster will be forwarded to the Constitutional Court, the Appeal Courts, the Ministry of Justice, the Union of Bar Associations of Turkey, other bar associations, the courts and public prosecutors within the jurisdictional area of the bar association, the highest ranking government official, other judicial bodies, notaries public, enforcement and bankruptcy offices.
 

PART EIGHT
Bar Associations

SECTION ONE
General Provisions

Establishment and nature of bar associations
Article 76 – Bar associations are professional organizations in the nature of public agencies with legal personality operating on the basis of democratic principles by conducting the whole range of activities for the purpose of promoting the profession of attorneyship; ensuring honesty and confidence in the mutual relations between the members of the profession and their relations with clients; defending and safeguarding the order, ethics, and respectability of the profession, the supremacy of the law, and human rights; and to satisfy the common needs of attorneys.
<Amended as per Article 4276/3 dated 18 June 1997> Bar associations may not engage in activities other than those befitting their purpose of establishment.
<Amended as per Article 4667/46 dated 2 May 2001> In state protocol, bar associations stand next to the chief public prosecutor for the province.

Establishment of bar associations, removal and deposition of their organs
Article 77 – <Amended as per Article 4667/47 dated 2 May 2001> A bar association is established in every capital of province where a minimum of thirty attorneys are present. The provision in the second paragraph will be applied to already established bar associations in which the number of attorneys falls below thirty.
<Amended as per Article 4667/47 dated 2 May 2001> The Union of Bar Associations of Turkey will decide whether the localities without a bar association should be attached to the nearest bar association or combined into a new bar association, as well as where the latter’s offices will be located. The Union of Bar Associations of Turkey will produce a list of the attorneys with offices in the jurisdictional area of the new bar association to be established who are entered in the directory and will task the senior attorney among them with establishing the new bar association. A founding board of four chaired by the assigned attorney will accomplish the establishment of the bar association within six months at the latest and report same to the Union of Bar Associations of Turkey. In the event of the resignation of the board of directors of the bar association together with the alternate board members, the same founding board will reconvene in order to lead the bar association toward election in three months at the latest.
<Amended as per Article 4667/47 dated 2 May 2001> Bar associations assume legal personality upon reporting their establishment to the Union of Bar Associations of Turkey.
<Amended as per Article 4667/47 dated 2 May 2001> The Union of Bar Associations of Turkey will report the establishment to the Ministry of Justice.
<Amended as per Article 4276/4 dated 18 June 1997> The removal from duty of, and the election of replacements for the bar associations and the responsible organs of the Union of Bar Associations of Turkey engaged in activities outside their purposes will be adjudicated by the local civil court of first instance according to simple trial procedure upon the request of the Ministry of Justice or the local public prosecutor; and the trial will be concluded within three months at the latest .
The organs removed from duty will be replaced by election within one month at the latest. The newly elected organs will serve out the terms of the former.
The assigned organs of bar associations are under the obligation to implement to the letter the decisions made in accordance with the present Law by the Ministry of Justice as an approving authority in connection with the actions of the organs of bar associations. The provisions of the foregoing paragraphs will be applied to the organs of bar associations failing to implement the decisions of the Ministry of Justice despite a ruling by the administrative judicial authority of a stay of execution or on the merits of the case, or in the absence of a statutory cause; or passing a new decision in the nature of a decision of persistence in the former decision; or failing to carry out the statutory actions despite the warning of the Ministry of Justice.
Criminal liability stipulated by law will be reserved for the members of the organs removed from duty. The acts of these organs causing their removal from duty as per the preceding paragraph will be void.
<Amended as per Article 4276/4 dated 18 June 1997> However, bar associations and the Union of Bar Associations of Turkey may be prohibited from operation by the governor of the local province if a delay would be detrimental in circumstances involving national security or the public order, or when exigent for the prevention of an offense or its protraction or for the apprehension of an offender. The decision to prohibit operation will be submitted to the approval of a judge with jurisdiction within twenty-four hours. The judge will announce his/her decision within forty-eight hours; otherwise, this administrative decision will be automatically abrogated.
The provisions governing termination of duty and removal from duty will not be applied to the general assembly of the bar association.

Gratuitousness of duties and duties which may not be combined in the same person
Article 78 – The presidency of the bar association, memberships in the, presidential council, the board of directors, audit and disciplinary boards; and duties assigned to attorneys in connection with the safeguarding, representation, and defense of the interests of the bar association will be performed gratuitously.
Travel and accommodation allowances and other essential expenditures will be reimbursed out of the funds of the bar association.
The presidency of a bar association, memberships in the board of directors and the disciplinary board, and auditorship may not be combined in the same person.
<Amended as per Article 4667/48 dated 2 May 2001> However, membership in the disciplinary board and auditorship may be combined in the same person in bar associations with fewer than forty attorneys entered in their directory.
 

SECTION TWO
Organs Of Bar Associations

Organs
Article 79 – The organs of bar associations are the following:
1. General assembly of the bar association.
2. Board of directors  of the bar association.
3. President of the bar association.
4. Presidential council of the bar association.
5. Disciplinary board of the bar association.
6. Board auditors of the bar association.

I – General assembly of the bar association

Composition
Article 80 – The general assembly of the bar association is the highest organ in the bar association and is composed of all the attorneys entered in the directory.

Duties
Article 81 – The duties of the general assembly are as follows:
1. Electing members to the board of directors, the disciplinary board, and the board auditors; the president of the bar association, and the delegates for the Union of Bar Associations of Turkey.
2. <Amended as per Article 4667/42 dated 2 May 2001> Determining the admission dues to be paid upon entry in the directory and entry in the attorney partnership register by multiplying the index figures of two thousand minimum and eight thousand maximum for attorneys, and twenty thousand minimum and eighty thousand maximum for attorney partnerships, and the membership dues to be paid annually by multiplying the index figures of one thousand minimum and four thousand maximum for attorneys, and ten thousand minimum and forty thousand maximum for attorney partnerships with the salary coefficient set for public servants every year in the budget act; and fixing the dates of their payment.
3. Reviewing the accounts submitted by the board of directors regarding the revenues and expenditures of the bar association and the management of its property, and deciding whether to acquit the board of directors.
4. Approving the budget of the bar association.
5. Reviewing and approving the house regulations to be drafted by the board of directors.
6. Determining the nature and amount of aid to be granted to attorneys in need and their survivors other than what the board of directors of the bar association is authorized to grant as per the current statutes.
7. Debating and deciding on motions pertaining to the profession.
8. Defining the specifications of attorney offices.
9. Exercising other powers conferred by statutes.

Regular meetings
Article 82 – <Amended as per Article 3256/12 dated 22 January 1986> The general assembly will convene in the first week of October every two years upon the invitation of the president of the bar association to discuss the items on its agenda.

Extraordinary meetings
Article 83 – The Union of Bar Associations of Turkey, the president of the bar association, the board of directors of the bar association, or the board auditors may call an extraordinary meeting of the general assembly when they deem it necessary. The president of the bar association is under the obligation to call an extraordinary meeting of the general assembly within fifteen days at the latest upon the written request of one fifth of the attorneys entered in the directory indicating the points to be discussed.

Call for a meeting
Article 84 – <Amended as per Article 4667/50 dated 2 May 2001> The place, time, and agenda of the regular meeting of the general assembly; and the place and time of the second meeting if the required majority is not reached in the first, will be posted where suitable in the bar association and the judicial offices in its professional circles until the date of the general assembly meeting starting at least thirty days before the meeting. Such announcement will effectively serve as an official notice.

Chairing panel of the general assembly
Article 85 – A chairing panel composed of a chairperson, a deputy chairperson, and two members will be elected as the first thing in both the regular and the extraordinary meetings of the general assembly. The election will be held by separately voting for each position. The voting will be done openly unless otherwise decided by the general assembly and those who get the largest number of votes will be elected.
The president of the bar association, the members of the board of directors of the bar association  and the board auditors may not be elected to the chairing panel.

Obligation to attend the meeting
Article 86 – <Amended as per Article 3003/3 dated 8 May 1984>
<Amended as per Article 4667/51 dated 2 May 2001> An attorney entered in the directory of the bar association is under the obligation to attend both the regular and the extraordinary meetings of the general assembly and to vote. Those who do not attend these meetings or do not vote without a valid reason will be fined by the chairperson of the county election board at the rate of one third the amount of the annual dues paid by attorneys enrolled with that bar association. These fines will be collected by the office of the president of the bar association and marked as revenue in the budget of the bar association.
The third and fourth paragraphs of Article 64 will also be applied to the fines imposed as per the present Article.

Quorum for debate and decisions
Article 87 – The general assembly will convene with the attendance of one more than half of the lawyers entered in the directory.
<Amended as per Article 4667/52 dated 2 May 2001> If the majority mentioned in the first paragraph is not reached, the meeting will be adjourned to one week later unless pressing reasons exist to the contrary. However, such adjournment may not exceed fifteen days. No meeting and debate may be held on the date to which the meeting has been adjourned unless at least one third of the members are present for bar associations with up to and including sixty members, one fifth are present for bar associations with up to and including four hundred members, and one tenth are present for bar associations with more than four hundred members.
Decisions will be passed by considering as adopted the motion that receives the largest number of votes of all, provided that quorum is present in accordance with the foregoing provisions. In the case of a tie, the side taken by the chairperson of the general assembly will carry the vote.
The same majority will apply to the votes received by candidates in elections.
A member may not vote on matters in which he/she has a private stake. This rule will not apply to elections.
<Amended as per Article 3003/4 dated 8 May 1984> Minutes will be kept of he decisions of the general assembly. The minutes will be signed by the chairing panel of the general assembly and forwarded to the Union of Bar Associations of Turkey.

Prohibition of discussion on items not on the agenda
Article 88 – Points not indicated on the agenda as items for discussion may not be decided upon in the meeting of the general assembly. This provision will not apply to a decision to hold a new meeting.

II – Board of directors of the bar association

Composition
Article 89 – The board of directors of every bar association will be composed of the president of the bar association and a minimum of four members.
There will be six regular members in bar associations with fifty to one hundred attorneys, eight in bar associations with one hundred and one to two hundred and fifty attorneys, and ten in bar associations with more than two hundred and fifty one attorneys. There will be the same number of alternate members as regular members in every bar association.
The president of the bar association will serve as the chairperson of the board of directors.

Eligibility, impediments, and mode of conduct of election
Article 90 – <Amended as per Article 1238/1 dated 26 February 1970> The members of the board of directors will be elected from among the attorneys entered in the directory with a minimum of five years in the profession. The condition of five years in the profession will not be sought in bar associations with fewer than one hundred members.
Those on whom the initiation of a final investigation has been decided in connection with an offense constituting an impediment to attorneyship, or those punished with censure, fine, or dismissal from employment during the last five years by a final decision of the disciplinary board may not be elected to the board of directors. 2. <Additional sentence as per Article 4667/53 dated 2 May 2001> Those removed from duty in accordance with the provision of Article 77 may not run for the organs of the bar association in the next meeting of the general assembly.
<Third paragraph rescinded as per Article 3003/9 dated 8 May 1984>
Members of the board of directors are elected by closed vote. The ballots must include at least one name more than half the number of regular members to be elected. Ballots with fewer names than this will not be valid. If more names are written in a ballot than the number of regular members to be elected, the redundant names will be disregarded starting from the last.
The candidates will be sorted according to the votes they have received. First the regular members, and next the alternate members will be identified according to this order starting with the member who has received the highest number of votes. In case of a tie, the candidate with professional seniority will lead. If professional seniorities are also equal, the oldest member will lead. Alternate members will be called upon for duty in the board of directors according to their place in the list determined by the number of votes they have received.
The duties of board members losing their eligibility will be terminated automatically.

Term of duty
Article 91 – <Amended as per Article 3079/1 dated 14 November 1984> The term of duty of the board of directors is two years. Board members whose term of duty has expired may be reelected.

Withdrawal before completion of term of duty
Article 92 – <Amended first paragraph 3256/13 dated 22 January 1986> A regular member who withdraws before completing his/her term of duty will be replaced by the alternate member who has received the highest number of votes.
A board member committed for trial for an offense constituting an impediment to eligibility as per Article 90 may not participate in the board until the conclusion of the lawsuit and his/her seat will be filled by an alternate member.

Meetings
Article 93 – The board of directors will be called to a meeting by the president of the bar association directly or upon the written request of a member indicating the topic to be discussed.
The board of directors will convene with absolute majority and pass decisions with the absolute majority of members. In the case of a tie, the side taken by the chairperson will carry the vote. The president of the bar association or board members may not participate in discussions on matters they are involved in.
Minutes kept of the decisions of the board of directors will be signed by the chairperson and the members.

Toplantıya çağrı
Article 94 – <Amended as per Article 4667/54 dated 2 May 2001> The members of the board of directors will convene upon the call of the president of the bar association. A member who has been absent from three consecutive meetings will have his/her membership forfeited by a decision of the board of directors.
Objection may be raised against such decision with the Union of Bar Associations of Turkey within fifteen days as of the date of notification. <Additional sentence as per Article 4667/54 dated 2 May 2001> The objection will not suspend the execution of the decision.

Duties of the board of directors
Article 95 – The board of directors is charged with performing the duties assigned to it by law. It investigates into the affairs of the bar association and safeguards its interests.
The major duties of the board of directors are the following:
1. Ensuring the safeguarding of the respectability of attorneyship and professional order, and the practice of the profession with dedication and pride in accordance with the goals of justice.
2. Deciding upon matters pertaining to the admission and entry in the directory or transfer of apprentices and attorneys.
3. <Amended as per Article 4667/55 dated 2 May 2001> Managing the bar association directory, and maintaining the attorney roster and attorney partnership roster.
4. <Amended as per Article 4667/55 dated 2 May 2001> Providing guidance and information to the members of the bar association regarding their professional duties and inspecting the performance of the latter, defending the profession of attorneyship and colleagues against encroachments upon the rights particular to the profession and its members, and to take all manner of legal and administrative action in these matters.
5. <Amended as per Article 4667/55 dated 2 May 2001> Mediating in and resolving upon request the disputes arising between attorneys entered in the directory, between attorneys and attorney partnerships, between the partners to attorney partnerships, and between all of the foregoing and clients; calling the parties to a settlement in disputes over fees.
6. Managing the property of the bar association and determining the nature of the aid to be granted to attorneys in need.
7. <Amended as per Article 4667/55 dated 2 May 2001> Preparing reports on the management of the property of the bar association and rendering account to the general assembly; preparing the budget and submitting it to the general assembly for approval.
8. Purchasing, selling, and mortgaging movable and immovable assets; and instituting and abrogating all manner of property rights on such assets on behalf of the bar association; and giving the president of the bar association specific authority in these matters.
9. Managing and supervising the affairs of apprenticeship.
10. Deciding upon the resignations of the members of the board of directors.
11. Establishing and managing a legal aid office.
12. Preparing the agenda for the general assembly.
13. Executing the decisions of the general assembly.
14. Managing and conducting the personnel affairs of the salaried clerks employed by the bar association.
15. <Amended as per Article 4667/55 dated 2 May 2001> Performing all the tasks associated with the house management of the bar association; developing the house rules.
16. Implementing the decisions of the Ministry of Justice, the Union of Bar Associations of Turkey, and the disciplinary board.
17. Offer opinions upon matters as requested by ministries, courts, or government agencies.
18. Exercising other powers conferred by statutes.
19. <Added as per Article 4667/55 dated 2 May 2001> Establishing representation offices at judicial centers in the jurisdictional area of the bar association.
20. <Added as per Article 4667/55 dated 2 May 2001> Selecting the attorneys to participate in the arbitration board mentioned in Article 167.
21. <Added as per Article 4667/55 dated 2 May 2001> Defending, safeguarding, and promoting the viability of the concepts of the supremacy of the law and human rights.
22. <Added as per Article 4667/55 dated 2 May 2001> Checking the conformity of the basic contract of attorney partnerships with the standard basic contract and deciding upon registration in the attorney partnership register.
The board of directors may delegate the duties mentioned in Subparagraphs 4 and 5 of the second paragraph to some of its members.

III – President of the bar association

Election and withdrawal before the completion of term of duty
Article 96 – The president of the bar association is elected for a term of two years. Reelection is permitted. <Additional sentence as per Article 4667/56 dated 2 May 2001> However, serving more than two consecutive terms is not permitted.
<Amended as per Article 4667/56 dated 2 May 2001> The president of the bar association is elected by closed vote from among attorneys entered in the directory with a minimum of ten years in the profession of attorneyship. The ten-year condition will not be sought in bar associations with fewer than one hundred members.
<Amended as per Article 4667/56 dated 2 May 2001> The provisions of the second and sixth paragraphs of Article 90 will apply by analogy to the election of the president of the bar association, as well.
The person elected to replace a president who withdraws before the completion of his/her term of duty will serve out the term of the departing president.

Duties
Article 97 – The duties of the president of the bar association are the following:
1. Representing the bar association and chairing the board of directors.
2. Implementing the decisions of the general assembly, the board of directors, and the disciplinary board; and conducting daily business.
3. Making commitments and acquisitions on behalf of the bar association to extent permitted and authorized as per Article 95, making undertakings, receiving donations to the bar association, and implementing the budget.
4. Appointing the attorneys to represent and defend the bar association in courts and government agencies.
5. Ensuring the formatting of attorney registers after the sample provided by the Union of Bar Associations of Turkey and safekeeping them.
6. Defending the dictates of the law and professional rules against all manner of organs in matters involving the honor and independence of the profession, and taking the actions behooving him/her directly or indirectly.
7. Submitting a written report to the Union of Bar Associations of Turkey every year on the activities of the bar association and the board of directors.
8. Performing the duties and exercising the powers of the other members of the presidential council in bar associations without a presidential council.
9. Exercising other powers conferred by statutes.

IV – Presidential council of the bar association

Composition and election
Article 98 – The presidential council is composed of,
1. The president of the bar association,
2. The vice-president of the bar association,
3. The secretary general of the bar association,
4. The treasurer of the bar association.
The formation of a presidential council is obligatory for bar associations with more than fifty members.
The members of the presidential council other than the president will be elected by the members of the board of directors of the bar association by closed vote from among themselves at the first meeting of the board of directors to be held after the election of the board of directors.
Should a member of the presidential council depart before completing his/her term, a replacement will be elected within one month at the latest to serve the remainder of his/her term.

Duties of the presidential council of the bar association
Article 99 – The predidential council performs the duties conferred upon it by statutes or by the decisions of the board of directors of the bar association.
The council makes the decisions necessary for the management of the bar association’s property and briefs the board of directors verbally or in writing upon the board’s request.

Duties of the vice-president of the bar association
Article 100 – The vice-president of the bar association performs the duties and exercises the powers of the president in the latter’s absence or, if the post of president has become vacant for any reason, until the induction of a new president.
In the absence of the vice-president of the bar association, it behooves the professionally senior member of the board of directors to perform the duties and exercise the powers of the president.

Duties of the secretary general of the bar association
Article 101 – The secretary general of the bar association keeps the minutes of the meetings of the board of directors, manages the internal paperwork of the bar association, issues directives to the internal clerical office of the bar association, and supervises the work of the latter.

Duties of the treasurer of the bar association
Article 102 – The treasurer of the bar association is authorized to manage the property of the bar association in accordance with the decisions of the presidential council, receive and dispense money, collect dues, collect fines to be marked as revenue for the bar association, and the take all kinds of supervisory action in connection with the implementation of the budget.
<Amended as per Article 3256/14 dated 22 January 1986> The treasurer of the bar association will countersign the papers drawn up in receiving and dispensing money with the president or, in the latter’s absence, with the vice-president or the secretary general of the bar association.

V – Disciplinary board of the bar association

Composition
Article 103 – The disciplinary board will be composed of three members in bar associations with up to two hundred and fifty attorneys, and five members in bar associations with more than two hundred and fifty attorneys. Three alternate members will also be elected to the disciplinary board in every bar association.

Eligibility and impediments to election
Article 104 – <Amended as per Article 1238/1 dated 26 February 1970>
The provisions of Article 90 will apply by analogy to the members of the disciplinary board, as well.
The result of the election will be reported to the Union of Bar Associations of Turkey by means of a memorandum to be drawn up by the board of directors of the bar association.

Term of duty
Article 105 – <Amended as per Article 3256/15 dated 22 January 1986> Members of the disciplinary board will be elected for two years. A member may be reelected after completing his/her term.
<Amended as per Article 4667/57 dated 2 May 2001> The disciplinary board will elect a chairperson and a secretary from among its members in its first meeting after the election. The provisions of Articles 90, 92, and 94 will apply by analogy to the members of the disciplinary board, as well.

Meetings
Article 106 – The disciplinary board will convene with at least three of its members present.
Decisions will be passed with the absolute majority of the full number of members. In case of a tie, the side taken by the chairperson will carry the vote.
The professionally senior member will chair the board in the absence of the chairperson.

Duty
Article 107 – The duty of the disciplinary board is to make disciplinary decisions and impose disciplinary penalties by conducting disciplinary prosecution on attorneys upon the decision of the board of directors of the bar association  to initiate a disciplinary prosecution, and to exercise the other powers conferred upon it by statutes.

VI – Board auditors of the bar association

Composition and duties
Article 108 – <Amended as per Article 1238/1 dated 24 December 1970>
<First paragraph amended as per Article 3256/16 dated 22 January 1986> The general assembly of the bar association will elect a maximum of three regular and three alternate auditors from among its members to audit the financial affairs of the bar association for a term of two years.
Election will be held by closed vote. The provisions of Articles 90 and 92 will apply by analogy to the auditors, as well.


PART NINE
Union Of Bar Associations Of Turkey

SECTION ONE
General Provisions

 [Establishment] and nature of the Union
Article 109 – <Amended as per Article 4667/58 dated 2 May 2001>
The Union of Bar Associations of Turkey is an organization formed with the participation of all of the bar associations in Turkey.
The Union is a professional organization in the nature of a public agency  with legal personality.
The Union’s headquarters is in Ankara.

Duties of the Union
Article 110 – The duties of the Union of Bar Associations of Turkey are the following:
1. Ensuring the precipitation of a majority opinion by finding out the respective opinion of each bar association in matters concerning bar associations by means of mutual discussions.
2. Promoting the profession of attorneyship by coordinating the efforts of bar associations in order to reach a common goal.
3. Safeguarding the interests at large of the members of bar associations and the ethics, order, and traditions of the profession.
4. Strengthening professional ties by introducing Turkish bar associations and their members to each other.
5. Making efforts to have a bar association established in every province capital and to instill in citizens a conviction as to the necessity and benefits of having their lawsuits filed and cases defended thorough the agency of attorneys.
6. Disseminating recommendations and publications to have the laws developed and enforced in keeping with the requirements of the country, and developing preliminary drafts if necessary.
7. Voicing its views with authorities in matters concerning bar associations.
8. Submitting reports covering its views and ideas on legal and professional topics queried by the Ministry of Justice, agencies with judicial or legislative power, and bar associations.
9. Taking all kinds of measures to encourage and ensure the professional development of attorneys.
10. Cooperating with the Ministry of Justice and and judicial authorities in order to have court opinions systematically compiled and published.
11. Making efforts toward the realization of the rights conferred, and the thorough and honorable discharge of the duties imposed upon attorneys by statutes.
12. Setting up libraries, publishing periodicals, organizing conferences, and offering incentives to the creation of original and translated works to heighten the scientific and professional levels of the members of bar associations.
13. Hold occasional meetings to discuss the solutions and measures for rendering the profession more attractive and reaching the stated goals in this area.
14. Displaying an interest in, and making contact with boards and organizations related to jurisprudence in the country.
15. Keeping in contact with foreign bar associations, attorney unions, and legal institutions and participating in international conferences.
16. Defining and recommending the mandatory rules of the profession.
17. <Added as per Article 4667/59 dated 2 May 2001> Defending and safeguarding the supremacy of the law and human rights, and promoting the functionality of these concepts.
18. Exercising other powers conferred by statutes. 

Prohibitions, acquisition of property, place in protocol, removal and deposition of their organs
Article 111 – <Amended as per Article 3003/5 dated 8 May 1984>
<First paragraph amended as per Article 4276/5 dated 18 June 1997> The Union of Bar Associations of Turkey may not engage in activities other than its purposes for establishment.
The Union may acquire movable and immovable assets for use in accord with its purpose.
<Amended as per Article 4667/60 dated 2 May 2001> In state protocol, the President of the Union of Bar Associations of Turkey stands next to the Chief Public Prosecutor of the Court of Cassation.
<Amended as per Article 4276/5 dated 18 June 1997> The provisions of the fifth, sixth, seventh, eighth, and ninth paragraphs of Article 77 will apply to the organs of the Union, as well. <Additional sentence as per Article 4667/60 dated 2 May 2001> However, in the event the entity removed from duty is the board of directors of the Union, the duties of this entity will be undertaken by a minimum of three attorneys to be selected as a temporary board of directors from among the delegates to the last general assembly by the court which passed the ruling until the induction of the replacements to be elected.

The paid nature of the positions
Article 112 – The positions of president, vice-president, secretary general, and treasurer of the Union of Bar Associations of Turkey are paid salaries. The members of the board of directors not assigned to the presidential council, the members of the disciplinary board, and the board auditors will be paid honoraria in meetings. The amounts and the modes of payment of the salaries and the honoraria will be determined by the general assembly of the Union.
Of the aforementioned members, those who are the delegates of provinces other than Ankara will be reimbursed for their travel and accommodation and other essential expenses out of the Union’s budget. The amount of such reimbursement will be fixed by the general assembly.

SECTION TWO
Organs Of The Union

Organs
Article 113 – The organs of the Union of Bar Associations of Turkey are the following:
1. General assembly of the Union of Bar Associations of Turkey.
2. Board of directors of the Union of Bar Associations of Turkey.
3. President of the Union of Bar Associations of Turkey.
4. Presidential council of the Union of Bar Associations of Turkey
5. Disciplinary board of the Union of Bar Associations of Turkey.
6. Board auditors of the Union of Bar Associations of Turkey.

I – General assembly of the Union of Bar Associations of Turkey

Composition
Article 114 – The general assembly is the highest entity of the Union of Bar Associations of Turkey.
<Amended as per Article 4667/60 dated 2 May 2001> The general assembly is composed of two delegates from each bar association elected by closed vote from among members with a minimum of ten years in the profession of attorneyship. Incumbent presidents of bar associations and attorneys who have served and are currently serving as the president of the Union of Bar Associations of Turkey are natural members of the general assembly of the Union of Bar Associations of Turkey with the right to participate in votings, to elect, and to be elected.
Bar associations with more than one hundred members will elect an additional delegate for each incremental three hundred members after the first hundred.
Bar associations will elect the same number of alternate delegates. Delegates will be elected for a term of two years at the regular meeting of the general assembly of each bar association.
Members with the impediments stated in the second paragraph of Article 90 may not become delegates.
Each bar association will pay the travel and accommodation allowances of its delegates out of its own budget.
<Amended as per Article 4667/61 dated 2 May 2001> The time and place of the meeting of the general assembly of the Union of Bar Associations of Turkey, and the need to send delegates will be communicated to bar associations in writing no later than thirty days before the meeting. If a regular delegate has an excuse, he/she will be replaced by an alternate who will attend and vote in the meeting of the general assembly of the Union of Bar Associations of Turkey in lieu of the latter.

Meetings
Article 115 – <Amended as per Article 3256/17 dated 22 January 1986> The general assembly of the Union of Bar Associations of Turkey will hold its regular meeting every two years at the time and place determined by the former general assembly.
The Board of Directors of the Union of Bar Associations of Turkey may call the general assembly to an extraordinary meeting when it deems necessary or upon the written request of the boards of directors of at least ten bar associations.
The Minister of Justice may request the board of directors of the Union to call the general assembly to an extraordinary meeting to receive their views and ideas on the general interests of justice and the profession, and on the legal and professional bills to be drafted.
The provisions of the first paragraph of Article 85 will apply by analogy to the election of the chairing panel of the general assembly of the Union. Those who assume duties in the organs of the Union may not be elected to the chairing panel.

Quorum for deliberations and decisions
Article 116 – The general assembly of the Union may not convene and pass decisions unless at least one fourth of its members are present.
In the absence of quorum as stated in the first paragraph above, the meeting will be adjourned to a future date not to be later than one month. This meeting and the subsequent meetings will also be adjourned to dates one month later unless and until at least one fifth of the members are present.
The provisions of the third, fourth, and fifth paragraphs of Article 87 and the provision of Article 88 will apply by analogy to the meetings and discussions of the general assembly of the Union.

Duties
Article 117 – The duties of the general assembly of the Union are as follows:
1. Electing members to the board of directors and the disciplinary board, and the board auditors; and the President of the Union.
2. Debating and making decisions on the reports prepared on matters within the scope of the Union’s purpose of establishment and the topics in its agenda .
3. Issuing instructions to the board of directors.
4. Reviewing the accounts of the Union and deciding whether to acquit the board of directors.
5. Electing the delegates to attend conferences in Turkey and abroad. (The general assembly may delegate this authority to the board of directors of the Union.)
6. Determining the time and place of the next meeting of the general assembly.
7. <Amended as per Article 3256/18 dated 22 January 1986> Making recommendations on matters concerning jurisprudence and the profession, and defining the mandatory rules of the profession.
8. <Amended as per Article 3256/18 dated 22 January 1986> Determining the amount of the dues that bar associations will collect from attorneys on behalf of the Union, with said amount not to exceed half the amount of the annual dues paid by each attorney to his/her respective bar association.
9. Determining the amounts and the modes of payment of the salaries to be paid to the president, vice-presidents, secretary general, and the treasurer of the Union and the honoraria to be paid to the members of the board of directors, disciplinary board, and the board auditors.
10. <Amended as per Article 4667/62 dated 2 May 2001> Performing the duties and exercising the powers conferred upon the Union as per Articles 49 and 75 of the present Law.
11. Exercising other powers conferred by statutes.

II – Board of directors of the Union of Bar Associations of Turkey

Composition
Article 118 – The Board of Directors of the Union of Bar Associations of Turkey is composed of the president of the Union and ten members elected by the general assembly of the Union by closed vote from among its members.
The board of directors of the Union is chaired by the president of the Union.

Term of duty
Article 119 – <Amended as per Article 3079/2 dated 14 November 1984> The term of duty of the board of directors of the Union is four years. Board members whose term of duty has expired may be reelected.
The provisions of the second, third, fourth, fifth, and sixth paragraphs of Article 90 and the provision of Article 92 will apply by analogy to the members of the board of directors of the Union.

Meetings
Article 120 – The board of directors of the Union will hold its regular meetings once a month. In emergencies, the board may always be called to an extraordinary meeting upon the request of the president or a board member.
The date of the next meeting will be set at the end of every meeting. The date of meeting will be communicated to the members by a letter of invitation. Excuses will be submitted in writing at least seven days in advance.
A member who fails to attend three consecutive meetings without a valid, documented excuse will be considered as having resigned.
The board of directors of the Union will convene with absolute majority of the full number of members and pass decisions with the absolute majority of those present. However, in meetings held with ten or fewer members present, at least five members must unite in the same vote for a decision to be passed. In the case of a tie, the side taken by the chairperson will carry the vote.

Duties
Article 121 – The duties of the Board of Directors of the Union of Bar Associations of Turkey are the following:
1. Calling the general assembly of the Union to meeting and preparing the agenda.
2. <Amended as per Article 3256/19 dated 22 January 1986> Manage the Union and its property.
3. <Amended as per Article 3256/19 dated 22 January 1986> Preparing and submitting to the general assembly the biennial budget.
4. Executing the decisions made by the general assembly of the Union.
5. <Amended as per Article 3256/19 dated 22 January 1986> Purchasing, selling, and mortgaging movable and immovable assets; instituting and abrogating all manner of property rights on such assets on behalf of the Union; and giving the president of the Union specific authority in these matters and other actions pertaining to commitments and acquisitions.
6. Managing and conducting the personnel affairs of the salaried clerks employed by the Union.
7. Keeping books recording the summary decisions of the board of directors of the Union.
8. <Amended as per Article 4667/63 dated 2 May 2001> Keeping the records of individual attorneys, attorneys sharing the same office, and attorney partnerships in compliance with the basic rules and preocedures prescribed in regulations; drawing up the standard basic contract of attorney partnerships, designing and having printed attorneyship licenses, identification papers, and certificates of authorization for attorney partnerships.
9. <Amended as per Article 3256/19 dated 22 January 1986> Submitting reports to the general assembly of the Union on the overall status, actions and projects of the Union; requesting acquittal of its activities and accounts.
10. Examining and deciding upon the objections raised against the decisions of bar associations provided that such authority is not conferred upon another agency or entity by statutes.
11. <Amended as per Article 4667/60 dated 2 May 2001> Performing the duties and exercising the powers conferred upon the Union as per Articles 31, 44, 54, 77 and 83 of the present Law.
12. Calling the general assemblies of bar associations to extraordinary meetings.
13. Applying to the authorities concerned for the safeguarding of the rights and interests of attorneys and bar associations.
14. Conducting studies that would help promote the profession of attorneyship, safeguard the rights of attorneys, and improve their social standing; and submitting the results and its recommendations to the general assembly of the Union.
15. Offering ideas and opinions in response to queries made by official sources about the profession of attorneyship.
16. Setting up libraries and producing professional publications for the professional development of attorneys; and assisting attorneys in publishing the works they will produce.
17. Resolving disputes to arise between bar associations.
18. <Amended as per Article 4667/63 dated 2 May 2001> Making all efforts necessary to ensure the institution and continuity of professional solidarity, defending the profession of attorneyship and colleagues against encroachments upon the rights particular to the profession and its members, and to take all manner of legal and administrative action in these matters.
19. Exercising other powers conferred by statutes.
20. <Amended as per Article 4667/63 dated 2 May 2001> Performing the duties assigned to the Union in connection with the attorneyship examination.

III – President of the Union of Bar Associations of Turkey

Election and withdrawal before the completion of the term of duty
Article 122 – The president of the Union is elected by the general assembly of the Union from among its members for a term of four years. Reelection is permitted.
The provisions of the second, third, and sixth paragraphs of Article 90 and the provision of the fourth paragraph of Article 96 will apply by analogy to the president of the Union.

Duties
Article 123 – The duties of the president of the Union are the following:
1. Representing the Union of Bar Associations of Turkey and chairing the board of directors of the Union.
2. Implementing the decisions of the general assembly, the board of directors, and the disciplinary board of the Union.
3. Making commitments and acquisitions on behalf of the Union to the extent permitted and authorized as per Article121, making undertakings, receiving donations to the Union, and implementing the budget.
4. Appointing the attorneys to represent and defend the Union in courts and government agencies.
5. Establishing abd conducting relations with foreign unions of bar associations, bar associations, and legal institutions.
6. Defending the dictates of the law and professional rules against all manner of organs in matters involving the honor and independence of the profession, and taking the actions behooving him/her directly or indirectly.
7. <Amended as per Article 3256/20 dated 22 January 1986> Submitting a written report to the general assembly on the activities of the Union.
8. Exercising other powers conferred by statutes.

IV – Presidential council of the Union of Bar Associations of Turkey

Composition and election
Article 124 – The presidential council of the Union of Bar Associations of Turkey is composed of,
1. The president of the Union of Bar Associations of Turkey,
2. The two vice-presidents of the Union of Bar Associations of Turkey,
3. The secretary general of the Union of Bar Associations of Turkey,
4. The treasurer of the Union of Bar Associations of Turkey.
The members of the presidential council other than the president will be elected by the members of the board of directors of the Union by closed vote from among themselves at the first meeting of the board of directors to be held after the election of the board of directors.
Should a member of the presidential council depart before completing his/her term, a replacement will be elected within one month at the latest to serve the remainder of his/her term.

Duties of the presidential council of the Union of Bar Associations of Turkey
Article 125 – The presidential council performs the duties conferred upon it by statutes or by the decisions of the board of directors of the Union.
The council makes the decisions necessary for the management of the Union’s property and briefs the board of directors verbally or in writing upon the board’s request.
<Added as per Article 4667/64 dated 2 May 2001> The presidential council of the Union will call the presidents of bar associations to a meeting to receive their opinions when required.

Duties of the vice-presidents of the Union of Bar Associations of Turkey
Article 126 – The vice-presidents of the Union perform the duties to be assigned and exercise the powers to be delegated by the president of the Union.
In the absence of the president of the Union or until the induction of a new president if the post of president of the Union has become vacant for any reason, it behooves the vice-presidents in order of seniority to discharge the duties and exercise the powers of the president of the Union.
In the absence of the vice-presidents of the Union, it behooves the professionally senior member of the board of directors of the Union to discharge the duties and exercise the powers of the president.

Duties of the secretary general of the Union of bar associations of Turkey
Article 127 – The secretary general of the Union keeps the minutes of the meetings of the board of directors, manages the internal paperwork of the Union, issues directives to the internal clerical office of the Union, and supervises the work of the latter.

Duties of the treasurer of the Union of Bar Associations of Turkey
Article 128 – The treasurer of the Union is authorized to manage the property of the Union in accordance with the decisions of the presidential council of the Union, receive and dispense money, and the take all kinds of supervisory action in connection with the implementation of the budget.
<Amended as per Article 3256/21 dated 22 January 1986> The treasurer of the Union will countersign the papers drawn up in receiving and dispensing money with the president or, in the latter’s absence, with either one of the vice-presidents or the secretary general of the Union.

V – Disciplinary board of the Union of Bar Associations of Turkey

Composition
Article 129 – The disciplinary board of the Union is composed of seven members elected by the general assembly of the Union of Bar Associations of Turkey from among its members by closed vote. Seven alternate members will also be selected.
The disciplinary board will elect a chairperson from among its members in its first meeting after the election.

Term of duty
Article 130 – Members of the disciplinary board of the Union will be elected for four years. A member may be reelected after completing his/her term.
The provisions of the second, third, fourth, fifth, and sixth paragraphs of Article 90 and the provision of Article 92 will apply by analogy to the members of the disciplinary board of the Union.

Meetings
Article 131 –The disciplinary board of the Union will hold its regular meetings once a month. In emergencies, the board may always be called to an extraordinary meeting upon the request of the president of the Union, or the chairperson of the disciplinary board of the Union, or a member of the disciplinary board.
The provisions of the second and third paragraphs of Article 120 will apply by analogy to the disciplinary board of the Union, as well.
The disciplinary board of the Union will convene with absolute majority of the full number of members and pass decisions with at least four members uniting on a vote. In the case of a tie, the side taken by the chairperson will carry the vote.

Duties
Article 132 – The disciplinary board of the Union will perform the duties assigned and exercise the powers conferred by the present Law.

VI – Board auditors of the Union of Bar Associations of Turkey

Composition and duties
Article 133 – <First paragraph amended as per Article 3256/22 dated 22 January 1986> The general assembly of the Union will elect three regular and three alternate auditors from among its members to audit the financial affairs of the Union for a term of four years.
Election will be held by closed vote. The provisions of the second, third, fourth, fifth, and sixth paragraphs of Article 90 and the provision of Article 92 will apply by analogy to the board auditors of the Union, as well.
 

PART TEN
Disciplinary Actions And Penalties

Circumstances when disciplinary penalties will be imposed
Article 134 – <Amended as per Article 4667/65 dated 2 May 2001> The disciplinary penalties prescribed in the present Law will be imposed on those whose acts and conduct contradict the honor, order, traditions, and professional rules of attorneyship; and those who neglect their duties in professional practice or fail to exercise the personal integrity required by their duties.

Disciplinary penalties
Article 135 – Disciplinary penalties are the following
1. <Amended as per Article 3256/23 dated 23 January 1986> Warning: Informing an attorney of the necessity of exercising greater care in practicing his/her profession.
2. Censure: Informing an attorney that he/she is considered to be at fault in his/her practice and conduct.
3. <Amended as per Article 3256/23 dated 22 January 1986> Fine from ten thousand to one hundred and fifty thousand Turkish Liras.
4. <Amended as per Article 4667/66 dated 2 May 2001> Dismissal: Prohibition of an attorney or an attorney partnership from professional practice for not less than three months and not more than three years.
5. Disbarment: Withdrawal of an attorney’s license, deletion of his/her name from the directory of his/her bar association, and revocation of his/her title of attorney. <Additional sentence as per Article 4667/66 dated 2 May 2001> For attorney partnerships, the deletion will be from the attorney partnership register of their respective bar association.

Mode of imposition of penalties
Article 136 – Those who fail to observe the provisions given in PART SIX of the present Law regarding the rights and duties of attorneys will be punished with censure as a minimum at the first offense, fine or dismissal upon recurrence depending on the severity of the offense, and disbarment in the event of final conviction of an offense stated in Article 5, Subparagraph a.
An attorney displaying misconduct punishable by a disciplinary penalty two or more times during a period of five years will be punished with a heavier penalty than the preceding one at each offense.
An attorney who has been dismissed once will be disbarred if he/she fails to observe the rules in PART SIX of the present Law during a period of five years.
Right of defense
Article 137 – In prosecutions conducted on attorneys, the charge must be clearly explained to the attorney in writing, his/her defense requested, and a minimum of ten days granted for the defense.

Actions and misconduct before enrollment with the bar association and after leaving the profession
Article 138 – <Amended as per Article 4667/67 dated 2 May 2001> The actions and misconduct predating admission into and entry in the bar association directory will not require disciplinary prosecution unless they are punishable with disbarment. This provision will not be applied to the period of apprenticeship.
An attorney’s departure from the profession will not preclude disciplinary prosecution on his/her actions and misconduct during his/her practice.

Investigative authority and the replacement of absent members
Article 139 – The authority to decide the initiation of and conduct a disciplinary prosecution rests with the bar association in whose directory the attorney was enrolled on the date the complaint or notice compelling the prosecution was received, the public prosecutor requested an prosecution, or information was received of its own motion on the actions or misconduct compelling the prosecution.
Presidents of bar associations and members of the boards of directors and disciplinary boards of bar associations may not participate in the debates and decisions on prosecutions concerning themselves.
The missing number of members will be replaced by alternate members in the event quorum is absent in the meetings of the boards of directors and disciplinary boards of bar associations due to the presence of circumstances as prescribed in the second paragraph, or the non-attendance of the chairpersons and any members out of rejection or abstention. In the event the alternate members also do not participate in the debate or decisions for any reason, or their numbers are not adequate, the absences will be filled by drawing names from among attorneys enrolled in the baro directory eligible for the board of directors and the disciplinary board.

The effect of criminal prosecution on disciplinary penalties
Article 140 – A criminal prosecution already in progress on an attorney will not preclude the enforcement of disciplinary actions and decisions.
<Amended as per Article 3256/24 dated 22 January 1986> However, if a suit has been filed against an attorney in a criminal court because of acts compelling disciplinary action and decision, the disciplinary prosecution on the attorney will be suspended until the conclusion of the criminal action. In such a case, the disciplinary board, upon the request of the board of directors, is under the obligation to make a decision in accordance with Articles 153 and 154 as to whether the dismissal of the attorney would be in order.
Disciplinary prosecution on acts triable in a criminal suit that was concluded with acquittal depends on whether those actions are of a nature requiring a disciplinary prosecution in their own right and independently of the provisions of criminal codes – with the exception of acquittal because the act was not committed or because it was not committed by the accused.
Boards of directors of bar associations are under the obligation to initiate disciplinary prosecution on acts triable in a criminal suit that was concluded with conviction.

Initiation of disciplinary prosecution
Article 141 – A disciplinary prosecution is initiated with a decision to be made by the board of directors of the bar association.
The board of directors is under the obligation to make a decision on the disciplinary prosecution urgently and at any rate no later than one year from the date of notice, complaint, or request.
The board of directors may assign one of its members with the task of conducting a preliminary investigation to serve as a basis for a decision as to whether a disciplinary prosecution should be initiated upon a notice or a complaint, a request made by the public prosecutor, or of its own motion. The member thus assigned with the preliminary investigation will collect the evidence and receive statements from persons he/she deems necessary, having them take an oath if he/she sees fit; and will submit the file compiled to the board of directors with his/her report after hearing also the attorney on whom the investigation is being conducted or after the expiration of the period granted for a hearing. <Additional sentence as per Article 4667/68 dated 2 May 2001> The board of directors may request information and documents from all kinds of judicial and administrative authorities, and may request files or copies thereof for examination.
The decisions made by the board of directors not to initiate prosecution on the act or conduct mentioned in the notice, complaint, or request will be communicated to the parties concerned and the public prosecutor.
Objection to decisions not to initiate disciplinary prosecution
Article 142 – Objections may be raised by the complainant or the public prosecutor with the Board of Directors of the Union of Bar Associations of Turkey against the decisions of the boards of directors of bar associations not to initiate disciplinary prosecution, within fifteen days from the date of notification of the decision.
If the subject matter of the complaint, notice, or request is found to be worthy of reconsideration as a result of the examination to be conducted on the file by the Board of Directors of the Union of Bar Associations of Turkey, the former decision will be revoked and the file will be forwarded to the bar association which passed the former decision for the initiation of disciplinary prosecution. Such decisions of the Board of Directors of the Union of Bar Associations of Turkey will be final.
Decisions not to initiate disciplinary prosecution made by the boards of directors of bar associations will become final if no objections are raised within the statutory period.
<Amended as per Article 4667/69 dated 2 May 2001> The decisions not to initiate disciplinary prosecution made by the Union of Bar Associations of Turkey in response to objections raised in accordance with the first paragraph will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved by the Ministry. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey.
The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.

Re-examination for an identical offense
Article 143 – Re-examination due to acts covered by decisions not to initiate disciplinary prosecution is contingent upon the emergence of new evidence and the lapse of no more than three years after the date the decision became final.

 Trial before the disciplinary board
Article 144 – <Amended as per Article 3256/25 dated 22 January 1986>
<First paragraph amended as per Article 4667/70 dated 2 May 2001> In cases where disciplinary prosecution is decided, the disciplinary board will conduct its examination on paper upon receipt of the file is forwarded by the board of directors. The file forwarded to the disciplinary board will contain also the attorney’s register. The examination will be conducted in trial mode if requested by the attorney or deemed necessary by the disciplinary board.
The trial will be closed.
The disciplinary board is under the obligation to finalize the examination urgently and at any rate not later than one year from its date of receipt of the decision. Circumstances where the outcome of criminal action must be awaited are reserved.

Trial in absence
Article 145 – Trial will be held in the absence of  an attorney who fails to respond to the invitation to trial. However, the letter of invitation must include a reminder that trial will be held in absentio if the attorney does not make himself/herself present.

Submission and examination of evidence
Article 146 – The disciplinary board will determine the manner of submission and examination of the evidence independently of request or renunciation or previously made decisions.

Hearing of witnesses and expert witnesses
Article 147 – It is at the discretion of the disciplinary board to invite a witness or an expert witness to the trial, have such witnesses heard by one of the board members or by a rogatory process, or let suffice the perusal of a written statement.
However, in cases where evidence of an event consists solely of the personal knowledge of a witness, such witness will be heard at any rate.

Minutes of the trial
Article 148 – The minutes of the trial will be kept by a board member or a secretary to be assigned by the chairperson of the disciplinary board.
Minutes of hearings taken outside the trial must be read out during the trial.

Fulfilling requests received by letters rogatory
Article 149 – Instructions given by letters rogatory will be carried out by the disciplinary board or one of its members in the central location of the bar association, and by an attorney to be assigned by the disciplinary board of the respective bar association in other locations.

Summoning witnesses and expert witnesses
Article 150 – Witnesses and expert witnesses will be summoned in accordance with the provisions of the Service of Process Law.
If a person does not respond to a procedurally proper invitation, or refrains from serving as a witness or an expert witness or from taking an oath without just cause, the criminal justice of peace in the area of residence of this person may be requested to impose a light fine from twenty to two hundred Turkish Liras upon him/her in addition to expenses. The criminal justice of peace in the capital of province where the bar association is located will decide the forcible summoning of such witness upon request.
A witness punished in accordance with the provisions of the above paragraph and re-summoned by service of process rather than requested to be brought forcibly, and an expert witness re-summoned by service of process after being punished will be punished again if they fail again to make themselves present.
The justice of peace will base his/her decision of fine or forcible summoning on a copy of the minutes of the disciplinary board.

Rejection and withdrawal of disciplinary board members
Article 151 – Members of the disciplinary board may be rejected or may withdraw for the reasons cited in the Law of Criminal Procedure.
A request for rejection will be considered with the participation of other members than the one whose rejection is requested.
In the event the disciplinary board cannot convene because of rejections and withdrawals, action will be taken as prescribed in Article 139.

Serving notice of decisions
Article 152 – An authenticated facsimile of the decisions of the disciplinary board will be forwarded to the public prosecutor in the capital of province where the bar association is located as well as the parties concerned.

Prohibition from practice
Article 153 – An attorney on whom a prosecution is in progress due to an act which may be punishable by disbarment may be prohibited from practice as a precaution by a decision of the disciplinary board.
It is obligatory that the attorney has been heard or invited for a hearing and not made himself/herself present on the date indicated before the decision is made. <Additional sentence as per Article 4667/67 dated 2 May 2001> However, separately inviting and hearing an attorney is not obligatory if notice could not be served to the attorney at the address he/she had given to the bar association.
The disciplinary board will have discretion to determine, at liberty and independently of request, the limits to which the evidence that will serve as a basis for this decision will be submitted and reviewed.
The decision will be communicated to the attorney under prosecution together with its reason, on which date it will enter into force. However, objection may be raised against the decision with the Disciplinary Board of the Union of Bar Associations of Turkey. Objections will not suspend the execution of the decision. Objections will be decided upon urgently and at any rate not later than one month. The contested decision will be revoked if the objection is deemed to be in order.
A decision of prohibition from practice will be communicated immediately to judicial entities and other authorities by the president of the bar association.

Mandatory prohibition from practice
Article 154 – <Amended as per Article 3003/7 dated 8 May 1984> Prohibition from practice is mandatory for attorneys who have been punished with disbarment or <...>  <...>  have been temporarily commissioned in accordance with Article 42 and have withheld, without an acceptable reason, the payment of the fees they received from the client for work done in accordance with the last paragraph of the same Article to the party concerned.
Attorneys on whom a decision of prohibition from practice has not been made by the disciplinary board within two months as of the emergence of the reasons for prohibition stated in the above paragraph will be prohibited from practice by a decision to be made directly by the Disciplinary Board of the Union of Bar Associations of Turkey .

Provisions for prohibition from practice
Article 155 – Those prohibited from practice may not exercise by any means the powers associated with attorneyship as of the date of prohibition. This provision will not apply to the attorney’s spouse and children who are not of legal age.
Attorneys who act in contravention of the prohibition stated in the first paragraph will be punished with one of the penalties stated in Subparagraphs 4 and 5 of Article 135.
Courts and government agencies are under the obligations to reject attorneys prohibited from practice.

Revocation of the decision of prohibition from practice
Article 156 – <Amended as per Article 4667/73 dated 2 May 2001> The decision of prohibition from practice will be abrogated automatically when the prosecution has been suspended or a punishment imposed that does not constitute an impediment to the practice of attorneyship.
The decision of prohibition from practice will be revoked by the disciplinary board when it is established that the circumstances on which this decision was based do not exist or have ceased to exist afterwards. 

Objection to  decisions of the disciplinary board
Article 157 – Objections may be raised by the public prosecutor or the parties concerned with the Disciplinary Board of the Union of Bar Associations of Turkey against the decisions of the disciplinary board within fifteen days from the date of notification of the decision.
The disciplinary board of the Union will review disciplinary cases from the file. However, a trial may be decided of its own motion or upon the request of the attorney concerned in the course of the review of decisions of punishment with dismissal or disbarment or with prohibition from practice.
Articles 145 1nd 146 will apply to the disciplinary board of the Union, as well.
Trial in the disciplinary board of the Union will commence with the presentation of the case by the reporter member. This member must have signed and placed his report in the file before the trial.
The reporter’s introduction will be followed by the presentations of the attorney concerned and his/her agents, if any. The party having made the complaint will be heard first. The party under disciplinary prosecution will be heard last.
The disciplinary board of the Union may uphold the decision under review, or decide to revoke the decision and send the file to the bar association concerned for a more comprehensive prosecution, or, in circumstances where a re-examination is not required, decide on the merits of the case by revoking a decision it does not deem appropriate.
<Amended as per Article 4667/674 dated 2 May 2001> The decisions made by the Disciplinary Board of the Union of Bar Associations of Turkey in response to objections will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved by the Ministry. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Disciplinary Board of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey. However, decisions of warning, censure, and fine are final and not subject to the approval of the Ministry.
<Amended as per Article 4667/74 dated 2 May 2001> The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.

Discretionary appraisal of evidence, the purpose of dispensing punishment, and deduction of time served from punishment
Article 158 – The Disciplinary Board of the Union of Bar Associations of Turkey and the disciplinary boards of bar associations will appraise the evidence demonstrated at their discretion based on the impression they receive from the investigation and the trial.
<Amended as per Article 4667/75 dated 2 May 2001> In dispensing disciplinary punishment, these boards will keep in consideration the principles of safeguarding the honor, order, and traditions of the profession of attorneyship and the practice of the profession in accordance with its purpose and demands and with justice.
<Amended as per Article 3256/26 dated 22 January 1986> In the event that an attorney prohibited from practice is given a punishment of dismissal from employment for a definite period, the time lapsed under prohibition from practice will be deducted from his/her punishment.

Statute of limitations regarding prosecutions and penalties
Article 159 – No prosecution will be conducted if three years have lapsed as of the commission of the acts punishable with disciplinary penalty. Such time will not count if the affair has been handled by the board of directors.
No disciplinary penalty may be given if four-and-a-half years have lapsed as of the commission of the acts punishable with disciplinary penalty.
If the acts punishable with disciplinary penalty also constitute a crime and such crime is subject to a longer statute of limitations, such statute of limitations will be applied in lieu of the periods stated in the first and second paragraphs.

Enforcement of disciplinary decisions and clearing registers of penalties
Article 160 – <Amended as per Article 3256/27 dated 22 January 1986> Decisions of disciplinary penalty may not be enforced unless they have become final.
Attorneys who have received a disciplinary penalty other than disbarment and dismissal from work may apply to the disciplinary board five years after the enforcement of the penalties of warning, censure, and fine requesting the clearance of their registers of these penalties.
Provided that the attorney concerned has not received another disciplinary penalty during the period stated in the above paragraph, the clearance of his/her register of the former disciplinary penalties is decided; and the discipline section in the register file of the attorney is removed and a new one drawn up.

Expenses incurred for witnesses and expert witnesses
Article 161 – Every witness and expert witness summoned in connection with disciplinary action is entitled to an appropriate compensation for the time lost and the efforts spent. Those who have to travel to respond to the invitation will be reimbursed for their travel and accommodation expenditures, as well. The complainant and the attorney under prosecution will pay the expenditures of the witnesses and expert witnesses whom they want heard in advance.
Expenses which cannot be imposed on the lawyer or a third party or can no longer be collected from the debtor will be borne by the bar association.
The complainant may be required to pay an advance amount from ten to two hundred Turkish Liras depending on the nature of the complaint and the scope of the disciplinary investigation and prosecution to be conducted. Should the advance amount prove insufficient, completion of the outstanding amount may always be requested. Action may be withheld until the payment of the advance amount and any outstanding amounts requested.

Collection of fines or expenses
Article 162 – Decisions regarding fines or the reimbursement of expenditures will be enforced in accordance with the provisions of the Enforcement and Bankruptcy Law regarding the execution of court decisions. Fines will be marked as revenue for the bar association.
Execution proceedings will be conducted in accordance with general provisions through the agency of an attorney to be appointed by the bar association.

PART ELEVEN
Attorneyship Contract

Scope of the attorneyship contract
Article 163 – <Amended as per Article 4667/76 dated 2 May 2001> The attorneyship contract is drawn up at liberty. The attorneyship contract must cover a specific legal service and an amount or a value. Unwritten contracts will be proven in accordance with general provisions. Conditional contracts are valid provided that the conditions are not in contradiction of the law.
Contracts in excess of the attorneyship fee ceiling  are valid at the ceiling value. Invalidity may not be claimed for a contract that has been carried out. The invalidity of an article will not invalidate the entire attorneyship contract.

Attorneyship fee
Article 164 – <Amended as per Article 4667/77 dated 2 May 2001> The attorneyship fee represents the amount or value that the legal service is worth.
The attorneyship fee may be agreed as a certain percentage of the entity or money to be litigated or adjudicated, not to exceed twenty-five percent.
Contracts to be made in accordance with the second paragraph may not bear any terms to the effect that part of the non-monetary property and rights under litigation will be owned in kind by the attorney.
No agency fee may be agreed below the minimum attorneyship fee tariff. Cases of accepting a commission free of charge will be reported to the board of directors of the bar association. The minimum attorneyship fee tariff will be applied in lawsuits and cases for which an attorneyship fee has not been agreed and of which the value cannot be measured in terms of money. An amount from five to fifteen percent of the value of the suit on the date of the dispute over the attorneyship fee, depending on the outcome of the suit and the amount of work put in by the attorney, will be adjudged as the attorneyship fee by an authority having the power to review objections to fees in lawsuits and cases the value of which can be measured in terms of money, the fee thus determined not being less than the minimum attorneyship fee tariff.
The attorneyship fee to be imposed on the opposite party at the end of the suit depending on the decision and the tariff belongs to the attorney. This fee may not be traded or deducted due to the client being in debt; nor may it be attached.

Joint and several liability for payment of attorneyship fee
Article 165 – <Amended as per Article 4667/78 dated 2 May 2001> In the case of the presence of more than one client, each client will be jointly and severally liable for the payment of the attorneyship fees of both parties in lawsuits and cases that have been concluded with an agreement between the parties by means of peaceful settlement or any other means whatsoever and thus not settled in court.

Lien of the attorney and priority of the attorneyship fee
Article 166 – An attorney may withhold the property, money, and all kinds of other securities given by or acquired on behalf of his/her client to the extent proportionate with the amount due to the attorney until the attorneyship fee and costs have been paid.
An attorney will have preference over other creditors on property retained or acquired by his/her client as a result of the attorney’s work, and on the money to be collected or the property to be taken from the opposite party to the suit as per the decision of the court, with regard to the attorneyship fee agreed by contract and adjudicated by the judge. The preference will take order of priority based on the date the power of attorney has been drawn up or, in the case of a general power of attorney, the date when the first official application has been made on behalf of the client in connection with the lawsuit or case for which the attorneyship fee is to be paid. <Additional sentences: Article 4667/79 dated 2 May 2001> In the event of the client’s bankruptcy, the attorneyship fee will also carry preference. However, the provision of the first paragraph of Article 206 of the Enforcement and Bankruptcy Law number 2004 dated 9 June 1932 is reserved.
When forcible execution of a court decision is initiated, the enforcement office will immediately serve a notice, to be drawn up at the same time as the execution order, to the attorney of the party requesting enforcement action whose name is indicated in the court decision, collecting the expense from the party requesting enforcement action. The subsequent stages of the execution may not commence until such notice is served. The provision of Article 59 of the Enforcement and Bankruptcy Law number 2004 dated 9 June 1932 will be applied with regard to the expenses to be incurred in connection with the notice to be served to the attorney.
In the event of the attorney’s death, the attorneyship fee claims inherited by his/her heirs will carry priority as do the claims of the attorney. However, the obligation to serve notice as per the third paragraph will not be applied to these persons.

Settlement of disputes through arbitration
Article 167 – <Amended as per Article 4667/80 dated 2 May 2001> All disputes arising over attorneyship contracts and fees will be settled by the arbitration board of the bar association in the location where the legal assistance is rendered. The arbitration board will be composed of the senior judge of first instance in the judicial jurisdictional area where the bar association is located and two attorneys, with eligibility for the board of directors of the bar association, to be elected by the board of directors. The arbitration board will be chaired by the civil judge of first instance. The board members selected will serve for a term of three years. A member may be re-elected after his/her term expires.
One half of the arbitration fee must be deposited at the same time as the suit is filed. A facsimile of the decision of the arbitration board that has become final will be forwarded to the bar association with which the attorney is enrolled. The provisions of the Code of Civil Procedure, Number 1086 dated 18 June 1927 will be applied to arbitration affairs with the exception of Articles 527, 529, 532, 533/1, and 536. Other matters pertaining to arbitration will be provided for in the Arbitration Regulations for Bar Associations  to be published by the Union of Bar Associations of Turkey.

Preparation of the attorneyship fee tariff
Article 168 – <Amended as per Article 4667/81 dated 2 May 2001> In the month of September every year, the boards of directors of bar associations each prepare a tariff indicating the minimum limits of the attorneyship fees to be charged for actions in the juridical authority and other actions, and forward it to the Union of Bar Associations of Turkey.
The tariff to be prepared by the Board of Directors of the Union of Bar Associations of Turkey by taking into consideration the recommendations of the bar associations will be completed by the end of the month of October of the same year and submitted to the Ministry of Justice. The tariff will become final if no decision is made by the Ministry of Justice within one month as of the date of its receipt by the Ministry of Justice or if the tariff is approved by the Ministry. However, the Ministry of Justice will return a tariff it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. A tariff thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise it will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey.
The provisions of the sixth paragraph of Article 8 will be applied here, as well, by analogy.
The tariff in effect on the date legal assistance was completed or a decision was passed at the end of the suit will be taken as the basis in the adjudication of the attorneyship fee.

Amount of attorneyship fee to be imposed on the opposite party by the judicial authorities
Article 169 – <Amended as per Article 2329/2 dated 31 October 1980> The amount of the attorneyship fee to be imposed on the opposite party by the judicial authorities may not be less than or more than three times the amount indicated in the attorneyship fee tariff.
<Second paragraph abolished as per Article 4667/82 dated 2 May 2001>

Article 170 – <Abolished as per Article 3256/29 dated 22 January 1986>

Obligation to complete the job and delegation of others
Article 171 – <Amended as per Article 4667/83 dated 2 May 2001> Attorneys will follow the jobs they are commissioned with through to their completion in accordance with statutory provisions and regardless of the absence of a written contract.
If the power of attorney given to an attorney authorizes the delegation of others, the attorney may perform the job together with another attorney or delegate the job to another attorney unless otherwise stated expressly in the contract. If the power of attorney includes a general authorization to represent the client and delegate others in all suits to be filed and jobs to be followed up after the date it was drawn up, the attorney may perform the job together with another attorney or delegate another attorney to perform the job without having recourse to obtaining a separate power of attorney from the client in all suits and jobs after such date.
The attorney’s reponsibility to the client will continue in circumstances stated in the second paragraph. The attorney will be responsible both in person and jointly and severally with the other attorneys for the malpractice of and the damages caused by the other attorneys with whom he/she works together or to whom he/she has fully delegated the job. However, this provision will not be applied to attorneys who fully delegate their jobs to others because of an obligation to work elsewhere in one of the  jobs  stated in Article 12.
If an attorney has entered in partnership with other attorneys for the performance of a job, he/she may not claim a separate fee from the client for this arrangement; nor may the other attorneys claim any fee for same. If the job has been fully delegated to another attorney, the delegating and the delegated attorneys may claim from the client proportionate portions of the fee corresponding to their respective amounts of work, provided that the total does not exceed the contracted fee. However, if the delegating attorneys has received his/her fee in advance from the client, he/she is under the obligation to pay to the delegated attorney the amount which is in excess of the portion corresponding to the delegating attorney’s work.

Commissioning of another attorney by the client
Article 172 – The client may include other attorneys in the prosecution and defense stages of the job with the written consent of the attorney with whom he/she has made the initial contract.
The client will request the consent of the first attorney with a letter to be delivered or officially sent to the latter, giving him/her at least one week to respond. The absence of a response within the designated period will mean that consent has been granted by the attorney.
The attorneyship contract will be terminated of its own motion if the first attorney does not grant his/her consent. The client is under the obligation to pay the full attorneyship fee to an attorney who declines from giving consent.
In the event that other attorneys also participate in the performance of the job, the client may not curtail the fee of the first attorney. In such a case, the provision of the third paragraph of Article 171 will be applied regarding the responsibility of attorneys to clients.

Specificity of the attorneyship fee
Article 173 – Unless otherwise stated in the contract, the attorneyship fee agreed is exclusively for the specific job the attorney has undertaken; and cross-action, other suits and executory proceedings regardless of connection and relation, and all kinds of legal assistance will be subject to separate fees.
All taxes, duties, charges, and expenses required for the performance of the job commissioned to the attorney, or for obtaining the result of the job after performance will be under the responsibility of the client who will pay them to the attorney or where payable upon the first request by the attorney. A sufficient amount must have been paidby the client to the attorney in advance in order that such expenses may be paid by the attorney. The travel expenses to be incurred by the attorney in connection with the job and any indemnities to which the attorney is liable for vacating a previous job position will be paid separately by the client in accordance with the relevant contract. The attorney may not be forced to travel unless such expenses are reimbursed in advance. Contracts to the contrary are permitted.

Discontinuation of work by the attorney, dismissal of the attorney, and default in the payment of the attorneyship fee
Article 174 – An attorney who discontinues the work he/she has undertaken without a rightful cause may not claim any fee and will be under the obligation to return any amounts he/she has received in advance.
The attorneyship fee will be paid in full if the attorney is dismissed. However, payment of the fee will not be required if the attorney has been dismissed due to his/her fault or negligence.
The attorney will not be obligated to commence work if the fee required to be paid to the attorney in advance is not paid. All kinds of liabilities to arise in this connection will rest with the client. The same provision will be applied with regard to liability if the attorney is disabled from performing the job and obtaining its result due to the non-fulfillment of the other payment obligations written in the contract.

Address of the client
Article 175 – Any and all notices served by the attorney to the address written in the power of attorney given by the client will be considered as having been delivered to the client in person. Changes of address will be communicated to the attorney by the client by registered mail within three days at the latest.
Liabilities to arise from the impossibility of serving notice at the client’s address or from failure to communicate the changes of address will rest with the client.

PART TWELVE
Legal aid

Scope of legal aid
Article 176 – <Amended as per Article 4667/84 dated 2 May 2001>
Legal aid is the rendering of the attorneyship services described in the present Law for the benefit of those who do not have the wherewithal to pay attorneyship fees and other adjudicatory expenses.

Legal aid office
Article 177 – <Amended as per Article 4667/85 dated 2 May 2001>
Legal aid service is rendered by a legal aid office established at the headquarters of bar associations by the board of directors of the bar association with manning drawn from among its attorneys.The board of directors of the bar association  may also designate an attorney as the representative of the legal aid office in jurisdictional areas outside the location of the bar association where more than five attorneys are available. The legal aid office and the representatives operate under the supervision of the board of directors of the bar association.

Request for legal aid
Article 178 – <Amended as per Article 4667/86 dated 2 May 2001>
A request for legal aid will be made to the legal aid office or its representatives. The requestor must prove the rightfulness of the request by presenting evidence.
If the request for legal aid is rejected, the requestor may apply to the president of the bar association verbally or in writing. The decision of the president of the bar association will be final.

Administration of legal aid
Article 179 – <Amended as per Article 4667/87 dated 2 May 2001>
If the request for legal aid is accepted, the legal aid office will assign one or more attorneys to carry out the actions required.  An attorney thus assigned will be assume the obligation to render attorneyship services upon receiving the letter of assignment.
This obligation will cease to exist if the requestor fails to furnish the required documents and information despite a request or refrains from giving a power of attorney.
If the assigned attorney wishes to abstain from performing the job, he/she will be under the obligation to pay to the bar association the fee indicated for that job in the tariff within fifteen days as of the date he/she received notice of the assignment.
The legal aid office will monitor the progress of the work being done by the attorney assigned.
The provisions pertaining to legal aid in the Code of Civil Procedure, number 1086, dated 18 June 1927, the Code of Criminal Procedure, number 1412, dated 4 April 1929, and other statutes are reserved.

Revenues and expenses of the legal aid office
Article 180 – <Amended as per Article 4667/88 dated 2 May 2001>
The revenues of the legal aid office are the following:
a) Three percent of the charges levied according to tariffs numbered 1, 2, and 3 under the Law of Charges, number 492, based on the total amounts determined on the basis of the final balances of accounts two years prior; and three percent of fines excluding fines of an administrative nature.
b) The shares of the bar association and the financial aid granted to the bar association by public and private agencies and organizations and from the budgets of provincial governments and municipalities.
c) All donations made for the purpose of legal aid.
d) The money to be deposited by attorneys in abstention.
e) Ten percent of the fee received by the attorney assigned with legal aid and five percent of the value adjudged in favor of the beneficiary of legal aid, other than the attorneyship fee.
 The expenditures of the legal aid office are the following:
a) Fees to be paid where necessary to attorneys assigned with legal aid.
b) Salaries to be paid to personnel to be employed in the office.
c) Upkeep of the office and other expenses.
The revenues and expenditures of legal aid offices will be indicated in separate parts in the budget of the office. It is obligatory that the revenue surplus be carried over to the following year as is.
The allocation to be estimated in accordance with Subparagraph a of the first paragraph will be deposited in the account of the Union of Bar Associations of Turkey by the Ministry of Finance by the end of March every year. These funds will be used exclusively for legal aid and the money not spent during the intended year will be carried over to the following year as is. The provisions governing the distribution and utilization of these funds among the bar associations will be in accordance with the regulations  published by the Union of Bar Associations of Turkey.

Annual activity report and regulations
Article 181 – <Amended as per Article 4667/89 dated 2 May 2001>
The legal aid office will submit a report on its work to the board of directors of the bar association at the end of every year. A copy of the report will be forwarded to the Union of Bar Associations of Turkey by the bar association.
Matters such as the establishment of the legal aid office, the designation of the attorneys to be assigned and the determination of their fees, the operation of the office, and its supervision will be addressed in the regulations  to be published by the Union of Bar Associations of Turkey.

PART THIRTEEN
Miscellaneous Provisions

Regulations
Article 182 – <Amended as per Article 4667/90 dated 2 May 2001> The regulations covering the points left to be addressed in regulations and the other points that must be included in regulations in order to ensure the implementation of the present Law will be prepared by the Board of Directors of the Union of Bar Associations of Turkey and submitted to the Ministry of Justice. The regulations will become final if no decision is made by the Ministry of Justice within one month as of the date of their receipt by the Ministry of Justice or if the regulations are approved by the Ministry. However, the Ministry of Justice will return a regulation it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. A regulation thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise it will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey. The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.

Notice to be served to public prosecutors
Article 183 – It is obligatory that the notices to be served to public attorneys in accordance with the present Law be accompanied by the relevant file.

Services to be counted toward seniority in attorneyship
Article 184 – Those who have made a transition to attorneyship from the services listed in the first paragraph of Article 4 will have their former length of service in these fields counted toward their seniority in attorneyship.

Provision for attorneys without a law degree
Article 185 – The provisions of the present Law other than PARTs TWO, FOUR, FIVE, SEVEN, EIGHT and NINE; and Article 65 will be applied by analogy to attorneys without a law degree, as well.
<Second paragraph abolished as per Article 4667/91 dated 2 May 2001>

Absolute requirement to join collective insurance
Article 186 – Attorneys other than those mentioned in Article 188 are under the obligation to join collective insurance as prescribed in Article 86 of the Social Security Law, number 506. However, this obligation pertains only to insurances of disability, old age, and death. Insurances of liability of employer, occupational diseases, sickness, and maternity are optional.
<Added as per Article 1238/2 dated 26 February 1970> The provisions of the Social Security Law, number 506; Law number 228 dated 5 January 1961; and the supplements and amendments thereto will be applied to attorneys subject to collective insurance provided that such provisions do not contradict the special provisions of the present Law.

Conditional requirement to join group insurance
Article 187 – Attorneys under the coverage of Provisional Article 2 are under the obligation to join collective insurance if they do not exercise their right of borrowing credit from the Retirement Fund of the Republic of Turkey for the payment of their premiums within the period indicated in the same Article.

Ineligibility for group insurance
Article 188 – <Amended as per Article 1238/1 dated 26 February 1970> Those employed in jobs subject to retirement, those covered by the Social Security Law, number 506 (including those who have taken out optional insurance as per Article 85 of the same Law), those who have exercised the right of borrowing as per Provisional Article 2, those receiving a retirement pension or a disability pension from the Retirement Fund of the Republic of Turkey, or those who have taken benefit of old age or disability insurance in accordance with the Social Security Law, number 506, and those affiliated with or have taken benefit of the funds operating in accordance with Provisional Article 20 of the same Law may not join collective insurance as prescribed  in Article 186.
An attorney’s ineligibility for collective insurance will not constitute an impediment to his/her practice of the profession of attorneyship.

Article 189 – <Abolished as per Article 1238/6 dated 26 February 1970>

Consequences of non-payment of insurance premium
Article 190 – The name of an attorney who has not paid his/her collective insurance premiums at the time indicated in the collective policy will be deleted from the bar association directory by the decision of the board of directors of the bar association until he/she clears his/her accumulated debt of insurance premium under the conditions set forth in the collective policy; and the situation will be reported to whom it may concern.
The consequences of non-payment of insurance premiums will be specific to the person of the attorney who is in default; and no clause may be included in the contract extending such consequences to the other insured who have joined the same collective insurance policy or to the bar association. <Additional sentence as per Article 4667/92 dated 2 May 2001> The provision of Article 140 of the Social Security Law, number 506, dated 17 July 1964, may not be applied to bar associations.


Preparation of standard policy and joining group insurance
Article 191 – The standard insurance policy to serve as the basis for the insurance contracts to be concluded between bar associations and the Social Security Association in accordance with Article 86 of the Social Security Law, number 506, will be drawn up by means of discussions to be held between the Ministry of Labor, the Union of Bar Associations of Turkey, and the Social Security Association.
The provision in the above paragraph will also be applied to amendments to the standard policy.
Bar associations to be established after the entry into effect of the present Law will apply to the Social Security Association to conclude a collective insurance contract in accordance with the standard policy within one month as of the date of their establishment. Attorneys enrolled with a newly established bar association will join the collective insurance of their new bar association without losing the rights they have acquired in under collective insurance they had joined when enrolled with their former bar association.

Rescinded provisions
Article 192 – The attorneyship Law, number 3499, has been rescinded together with the supplements and amendments thereto, without prejudice to the provisions of Provisional Article 7.

Amended provisions of laws
Article 193 – <This Article is about the amendment of Articles 1, 4, and 5 of Law number 6207 dated 21 December 1953. The amendments have been inserted where appropriate in the mentioned Law.>

Amended provision of Law number 1086
Article 194 – <This Article is about the amendment of Article 61 of Law number 1086 dated 18 June 1927. The amendments have been inserted where appropriate in the mentioned Law.>

Counting of prior attorneyship services toward seniority upon employment in a job subject to retirement
Article 195 – <Amended as per Article 1238/1 dated 26 February 1970>
When an attorney who has joined collective insurance in accordance with the present Law and is still insured is appointed or elected to a position or service subject to retirement, his/her transition will be effected by adding three fourths  of his/her length of service in attorneyship contributing to his retirement to his/her seniority; and his/her monthly salary for duty or service and his/her salary taken as the base for calculating his insurance premium will be raised.

Articles 196 through 198 – <Abolished as per Article 1238/6 dated 26 February 1970>

Article 199 – <This Article is about the addition of one supplementary article each to the Municipal Code, number 1580, dated 3 April 1930; and the Law of General Administration of Provinces dated 13 March 1929. The newly introduced provisions have been inserted where appropriate in the mentioned Laws.>
Attorneys employed with public agencies and organizations and state economic enterprises
Supplementary Article 1 – <Added as per Article 3003/8 dated 8 May 1984>
Entry in the bar association directory is optional for those employed regularly and permanently as attorneys with public agencies and organizations and state economic enterprises. However, the provisions of the present Law regarding admission into the profession of attorneyship and the issuance of licenses will be applied as usual to attorneys in this status. In discharging their duties, such attorneys will have the same rights and obligations as those enrolled in the directories of bar associations. Attorneys who will not enroll in the bar association will inform the bar association of this fact.
Attorneys who declare that they do not wish to be entered in the directory of the bar association will go through a decision process to be admitted into the profession of attorneyship and to have a license drawn up in their name only. The remaining actions prescribed by the Law will be carried out as usual.
Practicing the profession of attorneyship will only be possible by entry in the directory of the bar association in the event of departure from the duties mentioned in the first paragraph.
The disciplinary actions and penalties prescribed by the present Law in relation to attorneys will also be applied to the attorneys in the particular status described in this Article by the bar association in whose jurisdictional area such attorneys are permanently employed.

Representation abroad
Supplementary Article 2 – <Amended as per Article 4667/94 dated 2 May 2001>
Attorneys may participate in international meetings and conferences for the purpose of representing the Union of Bar Associations of Turkey or their respective bar associations by informing the Ministry of Justice.

Holding of elections
Supplementary Article 3 – <Added as per Article 3003/8 dated 8 May 1984>
The actions regarding the election by closed vote of the organs of bar associations and the Union of Bar Associations of Turkey in accordance with the present Law will be conducted under jurisdictional control as per the following principles.
<Amended as per Article 4667/95 dated 2 May 2001> At least fifteen days before the general assembly meeting at which an election will be held, a list indicating the names of those of the attorneys enrolled with the bar association who have the right to participate in the general assembly in the case of bar association elections, and the names of the regular and alternate delegates elected by bar associations to participate in the general assembly as well as the names of the natural delegates in the case of the elections of the Union of Bar Associations of Turkey will be submitted in three copies to the judge serving as the chairperson of the local county election board together with a letter indicating the agenda, place, date, and time of the meeting and the points pertaining to the second meeting to be held if quorum is absent in the first. The judge will be assigned by the High Election Board if there is more than one county election board in a locality. The timing of the meeting will be so arranged as to have the elections conducted under the supervision of the chairperson of the county election board after the termination of the discussions by taking into account the date of the meeting and the other items on the agenda. In bar associations with more than four hundred members, the discussions will be terminated on Saturday so that the elections can be started at nine AM on Sunday and voting ended at five PM.
The judge will approve the list indicating the names of the attorneys to participate in the elections and the other points stated in the above paragraph after examining any additional documents and records he deems necessary and having any discrepancies corrected. The approved list and other points pertaining to the meeting will be publicized for three days by being posted on the bulletin boards of the judiciary office and the bar association.
Objections raised against the list during the publicity period  will be reviewed by the judge and decided definitively within two days at the latest.
Having thus become final, the lists and other points pertaining to the meeting will be certified and forwarded to the bar association cocerned or the Union of Bar Associations of Turkey.
The judge will appoint a ballot box board composed of a chairperson and two members from among public officials or attorneys who are not candidates. The judge will also appoint three alternate members on the same basis. The elder member will chair the board in the absence of the chairperson.
The ballot box board is charged with conducting the election as prescribed by the law, overseeing it, and counting the votes. This duty will continue uninterrupted throughout the election until the counting of the votes is completed.
In bar associations with more than four hundred members, there will be a ballot box for every four hundred people and a separate board will be formed for every ballot box. Increments of up to one hundred members will not be taken into consideration in determining the number of ballot boxes. The materials and supplies to be used in the elections will be obtained from the county election board. The locations of the ballot boxes will be determined by the judge.
Upon the completion of the election period, the election results will be recorded in a memorandum and signed by the chairperson and members of the ballot box board. If there is more than one ballot box, the memoranda will be consolidated by the judge.  The provisional results of the election will be publicized by posting a facsimile of the memoranda at the place where the election was held. The ballots cast and the other documents will be delivered to the chairperson of the county election board together with a facsimile of the memorandum for safekeeping for three months.
Objections against actions conducted in the course of the election and against the election results made within two days as of the drawing up of the memorandum will be reviewed and decided by the judge with finality on the same day. The judge will announce the final results in accordance with the foregoing provisions immediately after the expiration of the objection period and the adjudication of the objections; and will report them to the bar association concerned and the Union of Bar Associations of Turkey.
<Amended as per Article 3464/2 dated 28 May 1988> The voting will be closed and the counting of the votes will be open. Attorneys whose names are not in the list may not vote. Votes will be cast after the verification of the credentials of the voter on the basis of an identification document issued by a bar association or an official entity and after he/she puts his/her signature against his/her name in the list. The voting will take place by the insertion of a ballot – prepared for all organs combined or separately for each – in an envelope bearing the stamp of the county election board to be given by the chairperson of the ballot box board at the time of the voting. Ballots placed in other envelopes will be void. If a regular delegate has an excuse, an alternate delegate may participate in and vote at the general assembly meeting of the Union of Bar Associations of Turkey.
<Amended as per Article 4667/95 dated 2 May 2001> In the event the judge discovers an irregularity or an illegal action significant enough to impact the election results, he/she will decide the cancellation of that part of the election limited to the entity in connection with which the discovery was made. In such a case, the judge will set a future Sunday, not to be earlier than one month and later than two months, for the renewal of the election and will infor the bar association concerned or the Union of Bar Associations of Turkey accordingly. Only the election will take place on the date thus designated; and the electoral actions will be conducted in accordance with this Article and the other provisions set forth by the law.
The judge chairing the county election board and the chairperson and members of the ballot box board will receive fees for their services as prescribed by the Law on the Basic Provisions for Elections and Voter Records. These fees and the other expenses for the elections will be reimbursed out of the budget of the Union of Bar Associations of Turkey and the bar associations concerned.
Offenses committed against the chairperson and members of the ballot box board will be punished as if they have been committed against public servants.
Those who fail to observe the measures taken by the judge and the ballot box board in order to ensure the sound and orderly conduct of the elections will be punished with disciplinary penalties commensurate with the severity of their acts as prescribed by the present Law.

Inspection and Auditing
Supplementary Article 4 – <Added as per Article 3003/8 dated 8 May 1984>
The Ministry of Justice has the authority to inspect the operational affairs and  audit the financial affairs of bar associations and the Union of Bar Associations of Turkey, in accordance with the provisions to be determined by regulations, to ascertain their conformity to legal provisions. Such inspection and auditing will be conducted by inspectors and auditors of the Ministry of Justice.


Temporary provisions

Provisional Article 1 – <Amended as per Article 1238/1 dated 26 February 1970>
The initial standard policy to serve as a basis for the policies to be concluded between bar associations and the Social Security Association after 7 July 1969 in accordance with Article 86 of the Social Security Law, number 506, will be determined by means of discussions to be held among the Ministry of Labor, the Union of Bar Associations of Turkey, and the Social Security Association within three months as of the date of the first meeting to be held by the Union of Bar Associations of Turkey in accordance with Provisional Article 10 of the present Law. The standard policy thus prepared will be disseminated to all bar associations within one week by the Union of Bar Associations of Turkey. Bar associations having in their enrollment attorneys with an absolute requirement to join collective insurance will apply to the Social Security Association within two months as of the date of their receipt of the standard policy in order to conclude a collective policy patterned after the standard policy. The policies will be put into effect not later than three months as of the date of application by the bar association.
A) Of the attorneys who were older than thirty years of age on the date they became subject to collective insurance, those who were not entitled to a pension under old age insurance due to their non-fulfillment of the conditions prescribed in Article 60 of the Social Security Law, number 506, but do meet the following conditions will receive an old age pension in accordance with the provisions in Article 61 of the Social Security Law as do those who have completed fifteen years of insurance:
a) Proving their enrollment as an attorney in the directory of the bar association for a minimum of two thousand days during the ten years preceding the date of commencement of their insurance.
b) Having paid an average of at least two hundred days’ worth of insurance premium every year during their insurance.
c) Having been insured for a minimum of five years.
The period of attorneyship mentioned in Subparagraph a will be determined by means of documents to be received from the respective bar associations and submitted to the Social Security Association not later than two years as of the date of commencement of insurance.
The right of the insured attorneys to claim damages from the chairperson and members of the board of directors of the bar association  concerned in the event the bar associations refrain from drawing up the aforementioned documents certifying the length of service in attorneyship.
In the event the falsehood of the documents indicating length of service in attorneyship is established by a court decision, both the persons who prepared such documents and the insured concerned will be under the obligation to reimburse the Social Security Association with the damages it will sustain thereof together with a surcharge of fifty percent and legal interest.
Criminal proceedings will also be initiated against the latter.
B) Of the attorneys who were older than thirty years of age on the date they became subject to collective insurance, those who are older than fifty and determined to be prematurely aged but were not entitled to a pension under old age insurance due to their non-fulfillment of the conditions prescribed in Article 60 of the Social Security Law, number 506, will receive an old age pension in accordance with the provisions in Article 61 of the Social Security Law as do those who have completed fifteen years of insurance provided that they meet the conditions stated in Paragraph A.

Provisional Article 2 – Of the attorneys whose total length of service countable towards retirement from the Retirement Fund of the Republic of Turkey is not less than fifteen years at the date of entry effect of the present Law,
A) <Amended as per Article 1238/3 dated 26 February 1970> Those who have departed prior to 7 July 1969 for any reason whatsoever from the official duty or service at which they paid retirement deductions may, in accordance with the following provisions, buy back and credit the full length of their past active service in attorneyship without a Social Security Association insurance, either, until 7 July 1969, or that portion of this period sufficient to add up to twenty-five years together with their former services countable towards retirement, provided that they are not receiving a retirement or disability pension.
Those buying back and crediting the full length of their past active service in attorneyship may maintain their relationship with the Retirement Fund of the Republic of Turkey in accordance with the provisions in Subparagraph B below. Those who do not wish to maintain their relationship with the Retirement Fund of the Republic of Turkey and those who have brought their length of service countable towards retirement up to twenty-five years by buying back and crediting past service will receive a retirement pension in accordance with the provisions below.
B) Those who have departed for any reason whatsoever from the official duty or service at which they paid retirement deductions on or after the date of entry into effect of the present Law may maintain their relationship with the Retirement Fund of the Republic of Turkey for a total period not to exceed thirty years.
In order to buy back and credit past service as stated in Subparagraph A, the attorney must apply to the Retirement Fund of the Republic of Turkey in writing through the bar association he/she is enrolled with within three months as of the date the respective bar association joined collective insurance. The amount to be bought back and credited will be equivalent to the total amount of the deductions (including the employer’s contribution) that ought to have been paid in accordance with the provisions of the Law of the Retirement Fund of the Republic of Turkey for the length of the period of active service in attorneyship until the date of entry into effect of the present Law, starting with the attorney’s seniority at his/her most recent salary grade or allowance grade in the official duty or service where he/she formerly paid retirement deductions to the Retirement Fund of the Republic of Turkey, and assuming that the attorney has stepped through promotions of grade every two or three years depending on the minimum interval between promotions applicable to that particular official duty or service. However, the deductions and the contribution of the employing organization will be calculated on the basis of the provisions of the Law of the Retirement Fund of the Republic of Turkey in effect in the past years to which they belong.
The sum of the period bought back and the periods of former official duty or service subject to the Retirement Fund of the Republic of Turkey may not exceed thirty years. Buying back any portion of the period of active service in attorneyship in excess of this figure is not permitted.
The amount to be bought back will be repaid either as a lump sum not later than one month from the date of the notice to be served by the Retirement Fund of the Republic of Turkey or in ten equal installments over ten years, depending on the attorney’s declared choice. Attorneys who have recovered their deductions at their departure from their former official duty or service subject to the Retirement Fund of the Republic of Turkey will be under the obligation to return the entire amount, together with legal interest, to the Fund within the period of repayment of the lump sum or the first installment of the amount bought back. Those who do not return their deduction within the designated period may not benefit from the provisions of this Article.
Those who buy back and credit past service become entitled to a retirement pension in accordance with Law number 5434 based on the length of service to be calculated by adding the past service they bought back to their length of former official duty or service countable towards retirement, as of the date they have fully paid the amount they owe for crediting past service. A total period of twenty-five years is sufficient for entitlement to a retirement pension.
In the case of repayment in installments, disability pension or widow and orphan pension will be paid to the person or the entitled heirs of the attorneys who become disabled or die before repaying their debts in full, as of the beginning of the month following the disability or death, in accordance with the provisions of Law number 5434. However, each annual installment that has remained unpaid will be divided into twelve equal parts each of which will be deducted from the monthly disability pension or widow and orphan pension applicable to that year, the remaining amount of the pension being paid to the beneficiaries.
In the case of repayment in installments, the buying back status of those who default in the payment of an installment and fail to redeem their status within one month despite service of notice by the Retirement Fund of the Republic of Turkey will be terminated and action will be taken in accordance with the Law of the Retirement Fund of the Republic of Turkey by adding the period corresponding to their repaid installments to the length of their former official duty or service.
Those who are in receipt of a retirement or disability pension, and those whose entitled heirs are in receipt of a widow and orphan pension will also be paid a bonus in accordance with the provisions of the Law of the Retirement Fund of the Republic of Turkey based on their total length of active official duty or service preceding the period bought back.
In order to benefit from Subparagraph B, the attorney must have applied to the Retirement Fund of the Republic of Turkey in writing within one month following his/her departure from the official duty or service at which he/she was paying deductions to the Fund and must not be receiving a retirement pension or not have his deductions returned. For those benefiting from Subparagraph B through the reference of the second paragraph of Subparagraph A, this period will commence on the date they received notice of the acceptance of their request for buying back and crediting past service by the Fund.
The obligation to pay deductions to the Retirement Fund of the Republic of Turkey commences as of the beginning of the month following the date on which notice is served to the applicant of the acceptance of his/her application to benefit from Subparagraph B by the Fund. The deductions (including the employer’s contribution) will be paid in the first week of each month directly to the Retirement Fund of the Republic of Turkey or through a bank to be designated by the Fund.
The deduction and the employer’s contribution will be calculated on the basis of successive salary grades starting with the attorney’s seniority at his/her most recent salary grade or allowance grade in the official duty or service where he/she formerly paid retirement deductions to the Retirement Fund of the Republic of Turkey, and assuming that the attorney has stepped through promotions of grade every two or three years depending on the minimum interval between promotions applicable to that particular official duty or service.
Relationship maintained with the Retirement Fund of the Republic of Turkey as per Subparagraph B will be terminated as of the beginning of the month following the date when the length of service countable towards retirement of the attorney concerned equals thirty years, when they request in writing the termination of their relationship with the Fund, when they die or become disabled under the Law of the Retirement Fund of the Republic of Turkey, or when they default in repayment within the one-month period granted by the Fund as per the regulations governing buying back past service; and they, or their entitled heirs, will start receiving a retirement, disability, or widow and orphan pension in accordance with Law number 5434.
Those whose total length of service countable towards retirement is fifteen years or more including the period they bought back in accordance with Provisional Articles 3, 4, and 5 may benefit from the provision in Subparagraph B of this Article.
<Additional paragraphs as per Article 1238/3 dated 26 February 1970>:
The adjustment of the pension levels of those benefiting from the provisions of this Article will be effected by adding the entire period they have bought back in accordance with Subparagraph A or the entire period have maintained their relationship with the Retirement Fund of the Republic of Turkey to their seniority at their most recent salary grade or allowance grade in the official duty or service, assuming that they have stepped, or are stepping, through promotions of grade every two or three years depending on the minimum interval between promotions applicable to that particular official duty or service.
Those who have let expire the one-month period set in the ninth paragraph of this Article for applying to the Retirement Fund of the Republic of Turkey may benefit from the provisions of this Article provided that they apply by 1 January 1971.

Provisional Article 3 – <Amended as per Article 1238/1 dated 26 February 1970>

A portion, not to exceed fifteen years together with the periods previously bought back in accordance with other laws, of the length of active service in attorneyship spent without being subject to the Law of the Retirement Fund of the Republic of Turkey and without Social Security coverage, prior to the official duty or service at which retirement deductions were paid, by those who were a participant in the Retirement Fund of the Republic of Turkey as of 7 July 1969, or between this date and the date of 1 January 1971, will be added to their length of service countable towards retirement provided that they buy back and credit past service in accordance with the provisions in the article added to Law number 5434 as per Article 5 of Law number 545 dated 23 February 1965. However, the amount to be paid by these people will be determined in proportion to the premiums and payments valid during the period which has been bought back.
The person concerned must apply to the Retirement Fund of the Republic of Turkey in writing by 1 April 1971 in order to benefit from the provision of this Article.

Provisional Article 4 – <Amended as per Article 1238/1 dated 26 February 1970>
A portion, not to exceed fifteen years together with the periods previously bought back in accordance with other laws, of the length of active service in attorneyship of those who were a participant in the Retirement Fund of the Republic of Turkey as of 7 July 1969, or between this date and the date of 1 January 1971, spent without subjection to the Law of the Retirement Fund of the Republic of Turkey and without Social Security coverage, followed by a term of official duty or service at which retirement deductions were paid, and preceded by an earlier term of official duty or service subject to retirement, thus falling between two periods of relationship with the Retirement Fund of the Republic of Turkey, will be added to their length of service countable towards retirement as per Provisional Article 3 provided that they borçlanmak in accordance with the provisions in the same article.
The provision of the last paragraph of Provisional Article 3 will be applied in this case, as well.

Provisional Article 5 – If the attorneys falling under the coverage of Provisional Articles 2, 3, and 4 have also rendered services covered by the Social Security Association before the period of active service in attorneyship they have bought back, the services covered by the Social Security Association will be combined with the services covered by the Retirement Fund of the Republic of Turkey (including the length of past service bought back) in accordance with the provisions concerning receipt of pension in Law number 228 dated 5 January 1961.
The terms of Provisional Article 3 will be applied by analogy to those wishing to benefit from the provision of this Article regarding the manner and continuance of their application to the Retirement Fund of the Republic of Turkey.

Provisional Article 6 – Attorneys registered with the Attorneys Benefit Fund on the date of entry into effect of the present Law may request to have their registration cancelled by applying to the bar association they are enrolled with.
The manner of reimbursement of the claims due in the Attorneys Benefit Fund to those whose registrations are cancelled in accordance with the above paragraph, depending on their periods of membership and the assets in the fund, will be determined by a regulation to be prepared by the board of directors of the bar association concerned and approved by its general assembly within three months as of the date of entry into effect of the present Law.

Provisional Article 7 – <Abolished as per Article 2178/8 dated 30 January 1979>

Provisional Article 8 – Those who have graduated from a school or faculty of political sciences and have passed examinations in the outstanding courses at a faculty of law before the entry into effect of the present Law will be treated as graduates of a faculty of law for the purposes of implementation of the present Law.

Provisional Article 9 – Those who have served as a chief registrar graduate in law at the Court of Cassation for a minimum of four years before the entry into effect of the present Law will be exempt from the condition in Article 3, Subparagraph c.
Provisional Article 10 – The president of the Bar Association of Ankara will request bar associations to elect and send delegates to the first general assembly that will convene in Ankara within two months as of the date of entry effect of the present Law to elect the president of the Union of Bar Associations of Turkey and the regular and alternate members of the board of directors, the disciplinary board, and the audit board of the Union. This request will be disseminated at least one month before the date of the meeting of the general assembly and will include information on the place, date, and time of the meeting, as well. On the scheduled day, the president of the Bar Association of Ankara will open the meeting and step down for the eldest delegate.

Provisional Article 11 – Those who had their novitiate, stated in Articles 2 and 7 of Law number 708 and Article 6 of Law number 2573, completed as of the date of entry into effect of the Attorneyship Law, number 3499, may be entered in the directory of a bar association if they satisfy the conditions indicated in Subparagraphs a, b, and c of Article 3 and in Article 5.
Graduates of the Medresetulkuzat [the Ottoman university for judges]and the Nüvap Mektebi [the Ottoman school for substitute judges] will be treated as law graduates in the implementation of the present Law.

Provisional Article 12 – No license of attorneyship without a law degree will be issued after the entry into effect of Law number 3499 and the present Law; and no license of attorneyship will be issued on the basis of Article 5 of Law number 708.
However, those who have completed four years of service in the branches of judge or prosecutor in terms of the combined lenths of their services before and after the entry into effect of Law number 3499 although they have not graduated from a law school or a faculty of law will be issued an attorneyship certificate by being held exempt from the provisions in Subparagraphs b and c of Article 3. This provision will not be applied to those who have been dismissed from their duties for reasons concerning their personal records.

Provisional Article 13 – Those holding a license of attorneyship without a law degree on the date of entry into effect of Law number 3499 may practice representation in places where five attorneys are not available. The vested rights are preserved of those who were practicing attorneyship without a law degreee in accordance with Provisional Article IV of Law number 3499 in places where five attorneys were not available before the date of entry into effect of Law number 3499.
<Amended as per Article 4667/96 dated 2 May 2001> In order to be able to practice their profession, attorneys without a law degree must be entered in a list maintained by the bar association to which their locality is attached. Bar associations are under the obligation to make a decision within one month as to the the acceptance of rejection of an application made for an entry in the list. If no decision or a decision of rejection is made within this period, the applicant may raise an objection with the Board of Directors of the Union of Bar Associations of Turkey at the end of the one-month period if no decision has been made, or within fifteen days as of the date of notification if a decision of rejection has been made.
These decisions made by the Union of Bar Associations of Turkey regarding the objections will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey. The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.
An entry in the list will entail the same consequences as enrollment with the bar association as far as exercising the rights and privileges granted to, and being subject to the obligations imposed upon attorneys without a law degree by the present Law.
The manner of preparation of the lists by bar associations; the actions regarding application for an entry in the list; the manner of dissemination of the list to courts, public prosecutors, enforcement and bankruptcy offices and other official authorities; and the manner of deletion from the list will be indicated in regulations referred to in Article 182 of the present Law.

Provisional Article 14 – Bar associations established in accordance with Law number 3499 and the supplements and amendments thereto will continue their operations in accordance with the provisions in the present Law.

Provisional Article 15 – The minimum fee tariff to be prepared in accordance with Article 168 will be accomplished within six months as of the date of entry into effect of the present Law. The former tariff will be applied until the new one enters into effect.

Provisional Article 16 – The files in the custody of the Attorneyship Ethics Council will be taken over and kept by the President of the Bar Association of Ankara to be turned over to the Disciplinary Board of the Union of Bar Associations of Turkey when the latter assumes its duties.

Provisional Article 17 – Persons who have worked for a minimum of ten years as a chief clerk, clerk of record, assistant clerk of record; or an enforcement officer or a deputy enforcement officer with judicial authorities, public prosecutors’ offices, and enforcement offices may render services in lawsuits and cases restricted to civil courts and enforcement and bankruptcy offices in places where a minimum presence of three attorneys or attorneys without a law degree is not available if they possess the qualifications other than those regarding education, apprenticeship, and examination stated in Article 3 of the present Law and are not impeded by the conditions stated in Article 5, provided that they are entered in the list maintained by the bar association to which their locality is attached.
Such persons will be under the obligation to open an office in the place where they are authorized to render restricted attorneyship services not later than three months as of the date of their entry in the list. The names of those who fail to fulfill this obligation will be deleted from the list.
Those who were practicing attorneyship in accordance with the last paragraph of Article 61 of the Code of Civil Procedure, number 1086, before the date of entry into effect of the present Law will continue their practice restricted to the civil courts and enforcement and bankruptcy offices in their locality regardless of the condition regarding former service in the field of justice provided that they possess the remaining qualifications stated in the first paragraph, by having their names entered in the list maintained by the bar association to which their locality is attached. However, those whose names have been deleted from the list for any reason may not be re-entered in the list unless they possess all the qualifications stated in the first paragraph. Persons in this status will be under the obligation to apply for the entry of their names in the list not later than three months as of the date of entry into effect of this Article and to open and office not later than three months as of the date of their entry in the list. Otherwise they will not be entered in the list, and their names will be deleted if already entered in the list.
<Amended as per Article 1238/4 dated 26 February 1970> The right to practice attorneyship without a law degree in accordance with the foregoing paragraphs will automatically cease to exist when the number of attorneys or attorneys without a law degree in that place reaches three. An entry previously made in the list will be maintained by annotating the destination of the person concerned if he/she relocates his/her practice by opening an office in another locality within the jurisdictional area of the same bar association where three attorneys or attorneys without a law degree are not available within three months as of the date of cessation. If the person concerned applies to another bar association within the three-month period, he/she may continue practicing attorneyship by having his/her personal file brought over and name entered in the list of the new bar association, the person’s entry being deleted from the list of his/her former bar association. The person’s name will be deleted from the list if he/she does not relocate his/her practice by opening an office in another locality within the jurisdictional area of the same bar association within the three-month period or does not apply for transfer to another bar association within the same period.
The provision of the second paragraph of Provisional Article 13 regarding applications for an entry in the list will be applied by analogy to persons in this status, as well.
The points mentioned in the last paragraph of Provisional Article 13 regarding the list, and the contents of the certificate of authorization to be issued to those who will practice attorneyship in accordance with this Article will be indicated in the regulations referred to in Article 182 of the present Law.
The provisions of the present Law other than those in PARTs TWO, FOUR, FIVE, SEVEN, EIGHT, NINE, ELEVEN and TEN; and Articles 49, 57, 58, 59, 60, 61, 62, and 65 will be applied by analogy to the persons covered by this Article, as well.
The persons covered by this Article will not pay the dues of admission and annual dues charged by bar associations.
<Amended as per Article 1238/4 dated 26 February 1970> The third paragraph of this Article will be abolished on 7 July 1977.

Provisional Article 18 – <Amended as per Article 1238/5 dated 26 February 1970>
The adjustment of the pension levels of the persons concerned will be effected by evaluating two thirds of the length of past service bought back and credited in accordance with Provisional Articles 3 and 4 and added to the length of service countable towards retirement at increments of two or three years depending on the minimum interval between promotions applicable to their current official duty or service; and their monthly salaries for official duty or service, as well as their monthly salaries on which their retirement deductions will be based, will thus be raised.

Provisional Article 19 – <Added as per Article 2442/2 dated 1 April 1981>
Lawsuits being litigated in martial law military courts by those indicated in Article 1 and the paragraph appended to Article 14 of the Attorneyship Law on the date of entry into effect of the present Law will be transferred within three months in accordance with the provisions of the Attorneyship Law.

Provisional Article 20 – <Added as per Article 4765/1 dated 25 June 2002>
The provisions of Article 11 will not be applied to those who were working as teachers in schools of primary or secondary education and concurrently practicing the profession of attorneyship as well as those who were in the same status and were serving an attorney apprenticeship prior to 10 May 2001.

Supplementary Provisional Article 1 – <Added as per Article 2329/3 dated 31 October 1980>
After the entry into effect of the present law, the rate of one pro mille will be applied, regardless of the tariffs in effect, in the calculation of the proportional attorneyship fee to be adjudged for that portion of the value or amount under litigation which is in excess of one billion Turkish Liras regarding the suits to be filed and legal assistance to be initiated by the time the first tariffs to be prepared in accordance with the provisions of revised Article 168 become effective.

Date of entry into effect of the present Law
Article 200 – The present Law will enter into effect three months after the date of its publication.

Enforcement authority of the present Law
Article 201 – The present Law will be implemented by the Council of Ministers of Turkey.


PROVISIONAL ARTICLES NOT POSTED IN THE MAIN LAW NUMBER 1136 DATED 19 MARCH 1969

1) Provisional articles of Law number 3256 dated 22 January 1986

Provisional Article 1 – Subparagraphs A and B prescribe the rights to be granted to those in respect of whom the indicated actions were taken in accordance with Article 11 of the Attorneyship Law, number 1136, before the date of entry into effect of the present Law on the grounds of employment as a teacher in schools of primary education which was incompatible with attorneyship and attorney apprenticeship.
A) Those whose names were deleted from the bar association directory in accordance with Article 72, Subparagraph b of the above-mentioned Law due to their served apprenticeship being considered void, and those whose requests for enrollment in the bar association were rejected for the same reason despite their having been issued an apprenticeship completion certificate; those who could not enroll in a bar association because the decision of acceptance of their request by the board of directors of the bar association was not approved by the Ministry of Justice, or those who chose not to enroll may be enrolled in a bar association and practice attorneyship if they submit an application provided that they are not otherwise impeded.
B) Those whose names were deleted from the apprentice roster may be re?entered in it if they submit an application within three months as of the date of entry into effect of the present Law, provided that they are not otherwise impeded, and may continue their apprenticeship with the revalidation of the formerly served portion of their apprenticeship. Actions of deletion will be waived for those whose status requires such deletion provided that they are not otherwise impeded.
Those whose names were deleted from the bar association directory in accordance with Article 72, Subparagraph b of the Attorneyship Law, number 1136, due to their served apprenticeship being considered void, and those whose requests for enrollment in the bar association were rejected for the same reason despite their having been issued an apprenticeship completion certificate; those who could not enroll in a bar association because the decision of acceptance of their request by the board of directors of the bar association was not approved by the Ministry of Justice, or those who chose not to enroll on the grounds of being engaged in activities incompatible with attorneyship and attorney apprenticeship in accordance with Article 11 of the same Law before the date of entry into effect of the present Law may be enrolled in a bar association if they submit an application provided that they have disengaged themselves from activities incompatible with attorneyship and are not otherwise impeded. Those who have been enrolled with a bar association after serving an attorney apprenticeship in this manner will not be deleted from the attorney roster, either, provided that they are not engaged in any activity incompatible with attorneyship and are not otherwise impeded. Those whose names were deleted from the apprentice roster will be re?entered in it if they submit an application within three months as of the date of publication of the present Law, provided that they have disengaged themselves from activities incompatible with attorneyship and are not otherwise impeded, and will continue their apprenticeship with the revalidation of the formerly served portion of their apprenticeship. Actions of deletion will be waived for those whose status requires such deletion provided that they are not otherwise impeded.
Regarding those who served or were serving their attorney apprenticeship while engaged in an activity incompatible with attorneyship before the date of entry into effect of the present Law,
a) No criminal prosecution will be conducted.
b) Prosecutions previously initiated will be discontinued.
The penalties to which these persons have been sentenced shall be pardoned.together with their consequences.
The provisions of the Attorneyship Law pertaining to denial of admission into attorneyship, forfeiture of license by recovery, and permanent deletion from the roster will not be applied on the grounds of the aforementioned convictions to attorneys and apprentices whose punishments have thus been pardoned with all their consequences.

Provisional Article 2 – The first meeting of the general assembly after the date of entry into effect of the present Law will be held in the first week of the month of October in the second year following the date of its publication.

Provisional Article 3 – Those who were members on the disciplinary boards of bar associations or board auditors with bar associations or the Union of Bar Associations of Turkey on the date of entry into effect of the present Law will continue to serve in the same positions until the first meeting of the general assembly in which the board of directors will be elected.

Provisional Article 4 – Those who have graduated from a school or faculty of political sciences and have passed examinations in the outstanding courses at a faculty of law before the entry into effect of the present Law will be treated as graduates of a faculty of law for the purposes of implementation of the present Law.

2) Provisional articles of Law number 4667 dated 2 May 2001

Provisional Article 1 – The provisions prescribed in the present Law regarding the final examination at the end attorney apprenticeship will be applied to those who will apply for attorney apprenticeship after the publication of the present Law.
Those whose names were deleted from the bar association directory in accordance with Article 72, Subparagraph b of the Attorneyship Law, number 1136, due to their served apprenticeship being considered void, and those whose requests for enrollment in the bar association were rejected for the same reason despite their having been issued an apprenticeship completion certificate; those who could not enroll in a bar association because the decision of acceptance of their request by the board of directors of the bar association was not approved by the Ministry of Justice, or those who chose not to enroll on the grounds of being engaged in activities incompatible with attorneyship and attorney apprenticeship in accordance with Article 11 of the same Law before the date of entry into effect of this Article may be enrolled in a bar association if they submit an application provided that they have disengaged themselves from activities incompatible with attorneyship and are not otherwise impeded. Those who have been enrolled with a bar association after serving an attorney apprenticeship in this manner will not be deleted from the attorney roster, either, provided that they are not engaged in any activity incompatible with attorneyship and are not otherwise impeded. Those whose names were deleted from the apprentice roster will be re?entered in it if they submit an application within three months as of the date of publication of the present Law, provided that they have disengaged themselves from activities incompatible with attorneyship and are not otherwise impeded, and will continue their apprenticeship with the revalidation of the formerly served portion of their apprenticeship. Actions of deletion will be waived for those whose status requires such deletion provided that they are not otherwise impeded.
Regarding those who served or were serving their attorney apprenticeship while engaged in an activity incompatible with attorneyship before the date of entry into effect of the present Law,
a) No criminal prosecution will be conducted.
b) Prosecutions previously initiated will be discontinued.
The penalties to which these persons have been sentenced shall be pardoned.together with their consequences.
The provisions of the Attorneyship Law pertaining to denial of admission into attorneyship, forfeiture of license by recovery, and permanent deletion from the roster will not be applied on the grounds of the aforementioned convictions to attorneys and apprentices whose punishments have thus been pardoned with all their consequences.

Provisional Article 2 – The provision in the first paragraph, revised by the present Law, of Article 77 will not be applied to bar associations established on the date of entry into effect of the present Law.

Provisional Article 3 – The regulations to be prepared in accordance with the present Law will be issued within six months as of its date of entry into effect.

DATES OF ENTRY INTO EFFECT OF LAWS SUPPLEMENTING AND AMENDING LAW NUMBER 1136

   Law number   Articles entering into effect on different dates   Date of entry into effect
1   1186   ––   1 March 1969
2   1238   ––   7 March 1970
3   2018   ––   2 July 1976
4   2174   ––   10 November 1978
5   2178   ––   7 February 1979
6   2329   ––   4 November 1980
7   2442   ––   3 April 1981
8   2652   ––   20 April 1982
9   3003   ––   15 May 1984
10   3079   ––   21 November 1984
11   3256   ––   30 January 1986
12   3464   ––   2 June 1988
13   4276   ––   20 June 1997
14   4667   Article 9 Article 22Other provisions   10 May 200210 November 200110 May 2001
15   4675   ––   28 June 2002effective as of10 May 2002