Turkish Law

BAR ASSOCIATION ARBITRATION BOARD REGULATIONS (*)
OF THE UNION OF BAR ASSOCIATIONS OF TURKEY


PART ONE
Purpose, Scope, And Basis

Purpose and Scope
Article 1 – These Regulations have been prepared for the purpose of prescribing the provisions governing the election of the attorney members, the duties, powers, method of operation, the rejection or withdrawal of the members, and the fees to be paid to the chairman and the members of the bar arbitration board to be established in the district of a bar association.

Legal basis
Article 2 – These Regulations have been prepared in accordance with Article 167 of the Attorneyship Law, number 1136, dated 19 March 1969.




PART TWO
General Provisions

Composition, Duties, And Powers

Composition of the arbitration board
Article 3 – The arbitration board will be composed of the senior civil judge of first instance in the jurisdictional area where the bar association is located and two attorney members to be elected by the board of directors of the bar association. The civil judge of first instance will be the chairperson of the arbitration board.
The attorney members of the arbitration board must possess the qualifications and must not be impeded by the conditions precluding eligibility for membership on the board of directors as stated in the first and second paragraphs of Article 90 of the Attorneyship Law, number 1136, dated 19 March 1969.
Those serving as president or as members on the boards of directors, the disciplinary boards, and the boards of audit of the Union of Bar Associations of Turkey or bar associations may not be members on the arbitration board. However, if no members are available for appointment to the arbitration board, appointments may be made to the arbitration board from among those serving in the entities of the bar association.
When a member of the arbitration board is elected to any of the positions mentioned above, he/she must choose between the two positions.
If the member does not exercise his/her right to choose within ten days after his/her election, his/her membership on the arbitration board will be terminated automatically.
In the event of an attorney membership post on the arbitration board being vacated for any reason, the board of directors of the bar association will elect a new member within ten days to replace the former member.
An adequate number of alternate members, not to be fewer than two depending on the workload of the arbitration board, will be elected by the board of directors of the bar association together with the regular members, to step in as replacements in the event of a member's temporary incapacitation from actively or legally discharging his/her duties or inability to discharge his/her duties properly and in a timely manner for such reasons as rejection, withdrawal, or medical condition. The conditions for eligibility and the terms of duty of the regular members will also be applicable to the alternate members.
The term of duty for an elected member will be three years. Regular and alternate members whose term has expired may be reelected. In the event of a vacancy in any of the posts of the regular or alternate members, the replacing member will serve out the term of the former.

Clerical office of the arbitration board
Article 4 – An adequately staffed clerical office to keep track of the actions of the arbitration board and conduct the required correspondence will be established in every bar association.
Ten percent of the fees due to the arbitration board will be marked as revenue to the bar association to offset the expenditures and other costs of the clerical office.

Duty of the arbitration board
Article 5 – The duty of the arbitration board is to resolve the following disputes and, in cases where an attorneyship fee has not been agreed, to examine the disputes over fees and to determine the fee:
a) All kinds of disputes arising in connection with the attorneyship contracts and attorneyship fees stated in Article 167 of the Attorneyship Law, number 1136, dated 19 March 1969.
b) All kinds of disputes arising between attorneys sharing the same office as stated in Subparagraph B/b of Article 44 of the Attorneyship Law, number 1136, dated 19 March 1969.
c) All kinds of disputes arising between the partners to an attorney partnership and in connection with the partnership.
d) Disputes to arise with third parties over price in the transfer and succession of shares in a partnership.

The arbitration board having jurisdiction
Article 6 – The board authorized to resolve the disputes covered by the present Regulations will be the arbitration board of the bar association where the disputed legal services are rendered.
However,
a- In the event the legal services have been rendered in the districts of more than one bar association,
1) If one of the disputed legal services have been rendered in the district of the bar association the attorney is enrolled with, the arbitration board having jurisdiction over the district of the bar association the attorney is enrolled with will have authority as far as the other legal services are concerned.
2) In cases other than the above, the arbitration board having jurisdiction over the district of the bar association where any of the disputed legal services have been rendered will have authority as far as the other disputed legal services are concerned.
b- In disputes arising from "disagreements 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" as stated in Article 44 of the Attorneyship Law, number 1136, dated 19 March 1969, and the disputes defined in Subparagraph B/b of the same Article, the board authorized to resolve the dispute will be the arbitration board in the place where the attorney partnership is registered.

Arbitration fee
Article 7 – The arbitration fee will be the fee indicated in the Attorneyship Fee Tariff in effect as of the date the suit is considered to have been filed with the arbitration board.
The arbitration fee will be paid in half in the event the dispute ceases to exist before the commencement of investigation due to abatement of action, waiver of claim, acceptance, and settlement out of court; and paid in full if the dispute ceases to exist after the commencement of investigation.
The fee to be paid to an alternate member, when one participates, will be determined by the arbitration board.

Rejection of arbitrators
Article 8 – The chairperson and the members of the board may be rejected for the reasons stated in Article 29 of the Code of Civil Procedure, number 1086, dated 18 June 1927.
The request for the rejection of an arbitrator must be made not later than ten days as of the date the reason for the rejection has been learned.
The request for the rejection of an arbitrator will be made by a letter. The evidence of the circumstances or incidents on which the request for rejection is based must be clearly indicated in this letter and relevant documents, if any, must be enclosed.
The withdrawal of a request for rejection will not be valid.
In order for an attorney to reject an arbitrator, the attorney must be expressly authorized to do so in the power of attorney.
The request for the rejection of (an) arbitrator(s) will be considered by the arbitration board on which he/she/they is/are a member without the participation of the arbitrator(s) requested to be rejected and with the participation of alternate member(s).
If the participation of the alternate members will not suffice to convene the arbitration board given the non-participation of the arbitrator(s) requested to be rejected, the request for rejection will be considered by the arbitration board in the nearest bar association district. The board may not be rejected in its entirety.
The party rejecting an arbitrator will have its request for rejection communicated to the opposite party. The opposite party may respond within five days. Upon the expiration of this period, the letter of request for rejection will be delivered to the arbitrator requested to be rejected together with the file and, if any, the response of the opposite party and any enclosures therewith.
The arbitrator will examine the file within five days and communicate in writing his/her opinion as to the whether the reasons for rejection are just. The clerical office of the board of arbitrators will immediately give or send the file to the board authorized to examine the request for rejection.
The board examining the request will evaluate the evidence submitted at its discretion and make a decision as appropriate. Out of consideration for credibility, the board may decide to accept the request even if the reasons for the rejection are only a possibility.
An oath may not be proposed on the reasons for rejection.
The invitation of an arbitrator to withdrawal will have the same effect as rejection.
A request for the rejection of an arbitrator will be refused by the arbitration board if,
a) the request has not been made in a timely manner,
b) reasons for rejection or convincing evidence have not been submitted,
c) it is evident that the request for rejection has been made in order to delay the procedures.
A decision of refusal may only be appealed together with the principal judgement.

Withdrawal of arbitrators
Article 9 – Arbitrators will be prohibited from arbitrating a suit under the circumstances stated in Article 28 of the Code of Civil Procedure, number 1086, dated 18 June 1927, in which case they will be expected to w'thdraw of their own motion.
The provisions in Articles 30, 31, 32, 36 of the Code of Civil Procedure, number 1086, dated 18 June 1927, will be applied with equal force to the circumstances of withdrawal and rejection of arbitrators to the extent of their relevance to the cases in point.
If the participation of the alternate members due to rejections or withdrawals will not suffice to convene the arbitration board, the board authorized to consider the dispute will be the arbitration board in the nearest bar association district.

Service of notice
Article 10 – While the provisions in Article 56 of the Attorneyship Law, number 1136, dated 19 March 1969; the Service of Notice Law, number 7201, dated 1 February 1959; and the Service of Notice By-Law are applicable in the suits and cases handled by the arbitration board, the parties may request the board to have notices served to each other by such means as fax, teletype, return registered mail, and fast mail service if they wish.




PART THREE
Trial Procedure

Filing of suit
Article 11 – Suits will be filed with the arbitration board by submitting a letter which will include the following:
a) The names, last names, and addresses of the parties and of their legal representatives or attorneys, if any.
b) A clear explanation of the matter in dispute.
c) An enumerated account of the clearly expressed summaries of each incident on which the plaintiff's allegation is based and what the evidence consists of.
d) A summary of the legal grounds.
e) A clear explanation of the relief demanded.
f) The period granted to the opposite party for a response.
g) The signature of the plaintiff or a legal representative or attorney, if any.
The plaintiff will append the evidence available to his/her petition. The number of copies of the petition and any appendices thereto must be one more than the number of defendants.
The plaintiff will also append to the petition the receipt indicating the payment of one half of the arbitration fee, and will pay the required costs.

Time of filing suit
Article 12 – The time the suit has been filed is the date the petition has been submitted to the president of the bar association.
The petition may also be submitted to the president of a bar association outside the jurisdictional area of the arbitration board. In such a case, the suit will be considered as filed on the date the petition has been registered in the correspondence book of the bar association applied to.
The plaintiff must append to the petition the receipt indicating the payment of one half of the arbitration fee and the required costs. The petition will not be processed until this receipt is presented. The suit will be considered as not filed if the receipt indicating the payment of one half of the arbitration fee and the required costs is not presented within one month.

Preliminary objections
Article 13 – The preliminary objections consist of the following:
a) Claim of surety from non-residents in Turkey.
b) Objection to competence.
c) A claim that the suit filed is being arbitrated by another board.
d) A claim that discrepancies exist in the letter of invitation or that the service of notice was not properly executed.
e) A claim that the counterclaim is not acceptable.
The preliminary objections must be submitted collectively at the beginning of the suit.
The decision on the preliminary objections will be made with priority by the board authorized to arbitrate the main action.

Answer to the merits
Article 14 – The defendant will submit his/her answer to the main cause                        and any counter-evidence available, together with his/her preliminary objections, to the clerical office of the arbitration board within ten days from the date of service of notice for communication to the opposite party. If a different period of time is granted by the plaintiff or the board, then such different period will be taken into consideration.
The answer to the suit will include the following:
a) The names, last names, and addresses of the parties or of their legal representatives or attorneys, if any.
b) The defense in clear terms.
c) Answers to each incident submitted by the plaintiff.
d) The signature of the defendant or a legal representative or attorney, if any.
The number of copies of the answer and the originals and facsimiles of the defensive documents the defendant will append to his/her petition to submit to the board must be one more than the number of the opposite party's.
The defendant will be under the obligation to submit in his answer all of his/her claims and defenses with their reasons including the counterclaim.

Counterclaim
Article 15 – The defendant may file a counterclaim by stating the fact in his/her answer to be submitted in response to the main action within the designated period.
The provisions in Article 204 of the Code of Civil Procedure, number 1086, dated 18 June 1927, will be applied as to which suits will be qualified as counterclaims.
The provisions in Articles 205 through 208 of the Code of Civil Procedure, number 1086, dated 18 June 1927, will be applied here, as well, regarding issues that may arise in connection with counterclaims.

Investigation
Article 16 – As a rule, the board will conduct the investigation through the file. However, the board may decide to conduct the investigation by trial when deemed necessary in situations such as the hearing of witnesses, the viewing of a physical setting, or an inspection by specialists.
A decision of trial will be communicated to the parties by convenient means ten days before the trial at the latest. If either party is absent from the trial at the designated place and time without a valid excuse, the trial and investigation will be conducted in his/her absence. The trial will proceed with the participation of the party present if prior notice of warning has been served the parties.
The trial will be held in a place designated for the purpose by the bar association.
The board will first invite the parties to a peaceful settlement.
The board will conduct a preliminary examination on the applications submitted and their enclosures.
Which member of the board will conduct the investigation will be decided by a memorandum of understanding. The member charged with the investigation may perform the actions stated in Articles 182, 183, 184, 196, 197, 209, 211, and 212 of the Code of Civil Procedure, number 1086, dated 18 June 1927, on his/her own.
The actions performed in the course of the operations of the board will be recorded in a memorandum which will be signed by the chairperson and members of the board and the clerk tasked with preparing the memorandum, if any. One of the board members may just as well be tasked with preparing the memorandum.
The principle of preparing a memorandum will be equally applicable in case one of the members is charged with the investigation.
The board will finalize the disputes arising in connection with fee contracts within six months from the date the suit has been filed.

PART FOUR
Evidence And Its Submission

Submission of evidence
Article 17 –
Articles 236 through 374 of the Code of Civil Procedure, number 1086, dated 18 June 1927, will be applied also to suits being arbitrated by the board to the extent relevant in respect of determining what will constitute an evidence and how the evidence will be submitted.
Evaluation of the evidence at liberty will be at the discretion of the arbitration board within the framework of the provisions in the Code of Civil Procedure, number 1086, dated 18 June 1927,
The board may hear the witnesses nominated by the parties if it deems necessary; and may decide to administer oaths both at its discretion and as proposed by the parties.
The provisions in the Code of Civil Procedure, number 1086, dated 18 June 1927, will be applied to the hearing of witnesses by the board from outside the jurisdictional area, oath, viewing of a physical setting, and inspection by specialists. If an arbitration board is available at the place where these actions will be conducted, that board will be authorized and assigned to conduct them.




PART FIVE
Completion of the investigation and the decision

Decision
Article 18 – If a trial day has been set for the final remarks of the parties, the parties will be verbally notified of the completion of the investigation, and a summary of the decision will be communicated to the parties at the end of the trial if the reason for the decision has not yet been written.
The board will be under the obligation to write its reasoned decision amplifying the summary decision within ten days.

Enforcement of the decisions
Article 19 – The provision in Article 38 of the Enforcement and Bankruptcy Law, number 2004, dated 9 June 1932, will be applied in the enforcement of the board's decisions.
The arbitration board may decide to impose cautionary attachment and cautionary judgement if just and compelling reasons exist.

PART SIX
Legal Remedy

Appeal
Article 20 – The parties will have the right to make an appeal from the decisions of the arbitration board within fifteen days as of the date they have been served notice of such decisions.
The request for an appeal will be made by an appellate petition.
Article 435 of the Code of Civil Procedure, number 1086, dated 18 June 1927, governing the contents of the appellate petition will also be applied to appeals from the decisions of arbitration boards.
The appellate petition may be submitted to the president of the bar association of the board which made the decision or to the presidents of the bar associations stated in the second paragraph of Article 12 of the present Regulations.
Article 434 of the Code of Civil Procedure, number 1086, dated 18 June 1927, governing the time when the request for an appeal will be considered as having been made will also be applied to appeals from the decisions of arbitration boards.
Appeals may not be sought from convictions and decisions which are final in accordance with the Code of Civil Procedure, number 1086, dated 18 June 1927,

Appellate review
Article 21 – The Supreme Court of Appeals will conduct its appellate review through the file.
Article 438 of the Code of Civil Procedure, number 1086, dated 18 June 1927, governing the conduct of appellate reviews by trial will also be applied to the appellate reviews of the decisions of arbitration boards.

Reversal of decision
Article 22 – The decisions made by the arbitration board may only be reversed by the Supreme Court of Appeals under the following circumstances:
a) A decision having been made on an issue that is not the subject of a claim.
b) A decision having been made on an issue that does not fall under the jurisdiction of the board.
c) The board not having made a decision on each of the claims of both parties.

Retrial
Article 23 – A request for retrial may be made against the decisions of the arbitration board in accordance with Articles 445 through 454 of the Code of Civil Procedure, number 1086, dated 18 June 1927.

Provisions applicable
Article 24 –
The Attorneyship Law, number 1136, dated 19 March 1969; the Attorneyship Law Regulations; the Professional Rules; Articles 527, 529, 532, the first paragraph of Article 533, and Article 536 of the Code of Civil Procedure, number 1086, dated 18 June 1927; and the Clerical Affairs Regulations for Civil and Commercial Courts will be applied to circumstances not covered by the provisions in the present Regulations.

Entry into effect
Article 25 – These Regulations will enter into effect on the date of their publication.

Enforcement
Article 26 – The provisions in these Regulations will be enforced by the board of directors of the Union of Bar Associations of Turkey.

(*) The present Regulations prepared by the Union of Bar Associations of Turkey have been published in the Official Gazette issue 24583 dated 14 November 2001.

ATTORNEY PARTNERSHIP REGULATIONS (*)
OF THE UNION OF BAR ASSOCIATIONS OF TURKEY

PART ONE
General Provisions

Purpose
Article 1 – These Regulations have been prepared for the purpose of prescribing the rules pertaining to the establishment, operation, and termination of attorney partnership with legal personality to be engaged in rendering attorneyship services.

Scope
Article 2 – These Regulations cover the attorney partnerships to be established in Turkey and the foreign attorney partnerships which may be established within the framework of the statutes on incentives to foreign capital and on a reciprocal basis in order to render consultancy services exclusively in the fields of foreign laws and international law.

Legal basis
Article 3 – These Regulations have been prepared in accordance with Subparagraph B of Article 44 of the Attorneyship Law, number 1136, dated 19 March 1969.

Nature of the partnership and taxation
Article 4 – The operation of an attorney partnership is a professional activity and will not be regarded as commercial. Attorney partnerships will be subject to the same provisions as applicable to small business firms as far as taxation is concerned.
PART TWO
Establishment Of The Attorney Partnership

Partnership contract
Article 5 – The basic contract of an attorney partnership must be prepared in accordance with the standard basic contract for attorney partnerships (standard basic contract for foreign attorney partnerships) to be prepared by the Union of Bar Associations of Turkey, and signed by all the partners. The basic contract may include special terms provided that they are not contradictory to the provisions in the Attorneyship Law and these Regulations.

Partnership shares
Article 6 – The shares of participation in the partnership committed by the partners will be indicated separately for each partner in the basic contract. The partners may commit as partnership share immovable assets, movable assets, money in cash, professional documents, archives, knowledge, and labor suitable for the rendering of the professional activity. The shares committed will be registered as partnership assets immediately and in full upon the registration of the partnership.
Any and all changes that may occur in partnership shares after the registration of the partnership will become valid upon the modification and registration of the basic contract accordingly.
If immovable assets or movable assets such as automobiles or stocks have been committed as partnership shares, the official records for such securities must be turned over to the partnership immediately upon the registration of the partnership. The transactions in connection with the registration of such securities in the name of the partnership will be accomplished by the transferring partner and the partnership representative applying together to the place where the records are kept.

Application
Article 7 – Attorneys wishing to establish an attorney partnership will apply to the bar association where the attorney partnership will be registered with a letter of application signed by all the partners. Two copies of each of the following documents will be appended to the letter of application:
a) The basic contract of the partnership with each page signed by all of the partners.
b) Authenticated facsimiles of the deed for immovable property, the registration booklet for automobiles, bank receipt for money in cash, and the certificate for movable assets committed in the basic contract as security for the share in the partnership.
c) A document received from bar associations certifying the entry of the partners in the directory. (Will not be required for foreign attorney partnerships provided that reciprocity is observed.)
d) Authenticated facsimiles of the identification cards of the partners (passports of foreign partners.)
e) The following documents will be required additionally for foreign attorney partnerships:
(1) Permission from the General Directorate of Foreign Capital of the Undersecretariat of the Treasury to the effect that operations in Turkey are authorized within the framework of the statutes on incentives to foreign capital.
(2) The attorneyship license or certificate of authorization of each foreign partner received from the bar association he/she is enrolled with in the foreign country, and a translated and notarized attestation that there are no impediments to practicing his/her profession.
(3) A document issued by the authorities concerned in the country of citizenship of each foreign partner acknowledging the fact that reciprocity as regards foreign attorney partnerships exists between his/her country and the Republic of Turkey in accordance with the provisions of the Attorneyship Law and regulations, and that Turkish attorneys may also render attorney partnership activities under equal conditions in the countries of these persons.

Decision
Article 8 – The application will not be processed until the letter of application and the full set of documents required to be appended thereto have been submitted to the clerical office of the bar association with which the attorney partnership will be registered. The board of directors of the bar association will make a decision within one month as to the entry of the attorney partnership in the attorney partnership register of the bar association. The application will be considered as rejected unless a decision is made within this period. The request for entry in the register may only be rejected on the grounds of contradiction to the Law and the standard basic contract. Decisions of rejection will be written with their reasons.

Acceptance of the request
Article 9 – The board of directors of the bar association will decide to enter the attorney partnership in the attorney partnership register of the bar association if the application for the establishment of an attorney partnership is considered to be in compliance with the Law and the Regulations.
The bar association will enter the attorney partnership in the attorney partnership register of the bar association in keeping with this decision and forward a copy of the basic contract to the Union of Bar Associations of Turkey.
The attorney partnership will assume legal personality upon being entered in the attorney partnership register of the bar association. The title of attorney partnership may not be used and professional services may not be rendered in the name of the partnership before the entry of the attorney partnership in the attorney partnership register of the bar association.
The attorney partnership will be issued a certificate attesting to its entry in the attorney partnership register of the bar association.

Rejection of the request and objection
Article 10 – The board of directors of the bar association will reject the requests considered to be in contradiction to the Law, the relevant regulations, and the standard basic contract. The decision of rejection with the reason will be communicated separately to each partner requesting to establish a partnership. A notice served to the address indicated in the basic contract will be considered as having been made to the partner in person.
The partners may raise an objection to this decision with the Union of Bar Associations of Turkey within fifteen days from the date of notification through the bar association that made the decision.
The mailing costs will be received from the objector. If requested, the bar association will draw up a document verifying the date of the objection and give it to the requestor. This document will not be subject to any taxes, charges, and duties.
The decisions of the boards of directors of bar associations regarding the rejection of a request for the entry of the partnership in the register will become final if not objected to within the period allowed.
The Union of Bar Associations of Turkey will decide to accept or reject the objection after conducting the necessary examination on 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.
The Union of Bar Associations of Turkey will submit its decisions of acceptance or rejection of objections 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.
Suits may be filed with administrative tribunals by the Union of Bar Associations of Turkey, the candidate partners, and the bar association concerned against the decisions made by the Ministry of Justice; and by the Ministry of Justice, the candidate partners, 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.


PART THREE
Foreign Attorney Partnerships

Foreign Attorney Partnerships
Article 11 – Foreign attorney partnerships wishing to operate within the framework of the statutes on incentives to foreign capital will apply to the bar association in the place where they will operate.
Foreign attorney partnerships will operate on the conditions that such operation is on a reciprocal basis and that the partnership has been established in accordance with the provisions in the Attorneyship Law and these Regulations.
Foreign attorney partnerships will also be under the obligation to fulfill the conditions and furnish the documents required as per these Regulations and the Attorneyship Law regarding their establishment.
Foreign attorney partnerships may render consultancy services only in the fields of foreign laws and international law. They may not overstep these bounds in their professional activities and may not practice attorneyship. This restriction will also be applicable to the attorneys of Turkish or foreign citizenship employed by the foreign attorney partnership.
When more than one attorney of non-Turkish citizenship, or an assemblage of attorneys of Turkish and non-Turkish citizenship wish to establish a foreign attorney partnership under the conditions stated in the first paragraph, they will apply to the bar association in the place they wish to operate in Turkey.
As dictated by the prerequisite of reciprocity in the Attorneyship Law, the rendering of consultation services in the fields of foreign laws and international law by foreign attorney partnerships in Turkey is contingent upon Turkish attorneys and Turkish attorney partnerships being granted the right to render attorneyship services under the same conditions by the respective country of each foreign partner.
The condition of enrollment in a bar association will be waived for partners forming a foreign attorney partnership established in accordance with the provisions in the Attorneyship Law and the Regulations. However, the partnership will be required to be entered in the attorney partnership register of the bar association in the place where it will operate. Otherwise, the title of partnership may not be used and services may not be rendered in the name of the partnership.
Foreign attorney partnerships and their partners will also be under the obligation to comply with the Attorneyship Law, the regulations, and the professional rules. 

PART FOUR
Standard Basic Contract Of Attorney Partnerships

Scope of the contract
Article 12 – The standard basic contract of attorney partnerships will cover the following points:
a) Names, last names, nationalities, addresses of residence, bar associations enrolled with, bar association registration numbers, and union numbers of the partners.
b) The title and address of the partnership.
c) The term of the partnership.
d) Partnership shares.
e) Principles pertaining to the relations and the settlement of disputes between the partners.
f) Principles pertaining to the division of labor in suits and cases.
g) Powers of the managing partners.
h) Management and representation of the partnership.
i) Board of partners
j) The duties and powers of the board.
k) Division of revenues and expenditures.
l) Inspection and audit.
m) Withdrawal from partnership.
n) Dismissal from partnership.
o) Transfer of shares and the provisions thereof.
p) Termination of the partnership.
r) Voluntary and statutory dissolution.
s) Liquidation.
The basic contract of attorney partnerships will be prepared in accordance with the standard basic contract.
The basic contract may not include terms contradictory to the Attorneyship Law, the regulations, the professional rules, the law, ethics, and the honor and independence of the profession.

Title and address of the partnership
Article 13 – The title of the attorney partnership will be formulated by adding the expression "attorney partnership" to the names and/or last names of one or several partners.
Whether the name and/or last name of a partner who has withdrawn or a deceased partner will be retained in the title of the partnership will be provided for by the partners in the basic contract of the attorney partnership.
The address of the attorney partnership is the address where partnership activities will be rendered on a permanent basis.

Term of the partnership
Article 14 – The term of the partnership may either be limited to a definite duration by the partners in the basic contract of the partnership or be indefinite. The term will be considered as having been set indefinitely if no term is specified in the basic contract.

Partnership shares
Article 15 – Partnership shares and rates may be decided at liberty between the partners. The partnership shares of the partners will be equal unless otherwise provided for in the basic contract. Partnership shares may not be pledged.

Transfer of shares
Article 16 – Partnership shares may only be transferred to other partners or third parties who are attorneys.
The board of partners may grant or deny approval to the transfer of shares at its discretion.
The partners may prohibit all manner of transfer of shares for a specified period or indefinitely by the basic contract.
In the event that an inheritor is not an attorney or declines partnership; or a partner withdraws from partnership due to withdrawal or medical reasons, or is deleted from the directory of the bar association, or leaves the profession, or is disbarred, or an attachment is imposed on his/her shares in the partnership, his/her partnership share may be transferred to the other partners or, by a decision of the board of partners, to a third party who is an attorney at their current value. Action will be taken in accordance with Subparagraph B of the Attorneyship Law in case of a dispute over the price.

Board of partners
Article 17 – The board of partners is composed of the shareholders. It is the entity with the highest powers in the partnership.
The place, time, and formalities of the meetings of the board of partners and the quorums for meeting and decision making will be determined at liberty in the basic contract.
The board of partners may be called to a meeting to discuss an agenda to be prepared in writing by one of the partners and communicated to the other partners unless otherwise provided for in the basic contract. The board of partners will be considered as having convened with validity when a minimum of three fourths of the partners are present or represented by proxy provided that the date and time of the meeting has been communicated to the partners in writing at least three days before the meeting. If this quorum is not reached, the partners will be called a second time by the same procedure; in which case the presence or the representation by proxy of a minimum of two partners will be adequate. The board of partners will meet at least once a year in the month of January.
A partner may give proxy to another partner to represent him/her at the meeting of the board of partners. A person may not hold proxies from more than one partner. Persons who are not partners may not be appointed as representatives.
The decisions of the board of partners will be writted in the decision book of the partnership and signed by the partners participating in the meeting. Dissenting partners will sign the decisions by annotating the reasons for their dissension.

Duties and powers of the board of partners
Article 18 – The duties and powers of the board of partners are as follows:
a) Identifying the partners charged with the management and representation of the partnership.
b) Defining the limits of power in management and representation.
c) Defining the general rules regarding the rights of the attorneys other than the partners and other staff employed by the partnership.
d) Defining the general rules regarding the activities of the partnership and the division of labor among the partners.
e) Approving with or without modifications the budget to be prepared by the managing partner(s).
f) Defining the monthly advance amounts the partners will receive from the revenues, the division of the annual revenue, and the amount to be allocated for the development of the partnership.
g) Deciding whether to admit or reject a new partner in the transfer and succession of the partnership shares.
h) Deciding on the purchase of the share of a partner who wants to withdraw from the partnership or has an attachment imposed on his/her share.
i) Deciding on the dismissal of partners from the partnership.
j) Deciding on the investments required for the operations of the partnership.
k) Deciding on the modifications to be required in the basic contract of the partnership.
l) Deciding on whether to decline an offer for a job when a claim is made to this effect by one of the partners.
m) Deciding on the continuation of the partnership when the term of the partnership expires.
n) Deciding on the dissolution of the partnership.
o) Appointing a liquidator in the event of the voluntary or statutory dissolution of the partnership.

Management and representation of the partnership
Article 19 – Which partners will represent and make undertakings on behalf of the partnership, and in what manner, may either be provided for in the basic contract of the partnership or decided by the board of partners. In the event that no partner or partners have been designated for the management and representation of the partnership either in the basic contract or by the decisions of the board of partners, all of the partners will have authority in the management and representation of the partnership.
A copy of the decisions modifying the provisions governing management and representation will be submitted to the bar association and kept in the registration file of the partnership.
The signature samples and authorization documents of the persons empowered to manage and represent the partnership will be certified by the president of the bar association.

Powers of the managing partners
Article 20 – The board of partners may elect one or several partners as managing partners.
The election of the managing partners, their terms of duty, procedures of replacement, powers, meeting times, manner of invitation to meeting, and the quorum for decisions will be detailed in the basic contract of the partnership.
The managing partners will direct the operations of the partnership, represent and make undertakings on its behalf, and perform the duties assigned by the board of partners in accordance with the Law, regulations, the basic contract, and the decisions of the board of partners.
The managing partners may be paid a fee in addition to dividends if so provided for in the basic contract or decided by the board of partners.
The duties of the managing partners may be terminated and other partners assigned in their stead by the board of partners at any time.
The powers of the managing partners may not be exercised in any manner that would violate the professional independence of the other partners and the attorneys employed by the partnership.

Division of revenues and expenditures
Article 21 – The partners will be under the obligation to divide the expenditures of the partnership with priority. The partners will be at liberty to decide in the basic contract the manner in which the revenues will be divided.

Relations between partners and settlement of disputes
Article 22 – The partners will be under the obligation to conduct themselves in compliance with the honor of the profession of attorneyship and the rules of the profession in their dealings with each other, the staff, and third parties.
The partners may not be engaged as partners in more than one attorney partnership, may not have an office other than the office of the partnership, and may not conduct legal action independently.
Conduct to the contrary will be a reason for dismissal from the partnership; and the right of the partnership to claim damages from a partner displaying such conduct will be reserved, as will be the provisions regarding discipline in the Attorneyship Law.
Any and all disputes to arise between partners 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 by the arbitration board in accordance with the provisions of the Attorneyship Law and relevant regulations.


Division of labor
Article 23 – The execution of actions, the division of labor among the partners, and the rendering of services will be defined at liberty in the basic contract of the partnership.
The jobs assigned to the partners and the attorneys employed by the partnership will be recorded in the suits and actions book.

Inspection and audit
Article 24 – Every partner will have the right to receive information about the partnership and to inspect the books of the partnership and the documents on suits and cases.
The partners will appoint in the basic contract of the partnership an audit board composed of one or several persons to inspect the financial affairs of the partnership. The duties and powers of the audit board will be provided for in the basic contract.

Withdrawal from partnership
Article 25 – Unless otherwise provided for in the basic contract of the partnership, every partner may withdraw from the partnership by transferring his/her partnership share to any other partner or several partners, or another person eligible for partnership. The partner wishing to withdraw from the partnership will communicate his/her intention of withdrawal, the value of his/her share, and the identity of the person to whom the shares will be transferred in writing to the partnership and to all the partners. The transfer of the partnership share will be considered as having been approved by the partnership if the partnership does not make a decision on the transfer within two months from the date the last partner was notified of the intended transfer.
Action will be taken in accordance with Subparagraph B of Article 44 of the Attorneyship Law and the Bar Arbitration Board Regulations of the Union of Bar Associations of Turkey.

Dismissal from partnership
Article 26 – A partner may be dismissed from partnership by a decision made by a quorum of three fourths of the members of the board of partners in the event of the presence of rightful reasons pertaining to his/her person.
PART FIVE
Termination Of Partnership

Voluntary dissolution
Article 27 – The partners may decide the dissolution of the partnership at any time unless otherwise provided for in the basic contract.
The provisions of the Attorneyship Law and the Regulations will be applicable in the event of the voluntary dissolution and liquidation of the partnership if no provisions exist therefor in the basic contract.

Statutory dissolution
Article 28 – An attorney partnership will dissolve by statute under one of the following circumstances:
a) The number of partners in the attorney partnership dropping below two due to withdrawal or dismissal of the partners from partnership, death of the partners, inheritors not being attorneys or declining partnership, withdrawal of the partners from attorneyship due to withdrawal or medical reasons, deletion from the directory of the bar association, withdrawal from the profession or disbarment, or the imposition of an attachment on the shares of the partners in the partnership.
b) The materialization of circumstances indicated as a reason for dissolution in the basic contract of the partnership.
c) Non-extension of the term of partnership indicated in the basic contract of the partnership.
d) Non-completion within three months of the actions prescribed in Article 44, Subparagraph B, Sub-subparagraph a/1 of the Attorneyship Law.
e) Merging of the attorney partnership with another attorney partnership.
f) The deletion of the attorney partnership from the attorney partnership register in accordance with Subparagraph 5 of Article 135 of the Attorneyship Law.

Liquidation
Article 29 – An attorney partnership that dissolves by statute will get into liquidation.
An attorney partnership that gets into liquidation will retain its legal personality until the completion of the liquidation on a basis restricted to business relevant to the liquidation. It may not continue its professional activities. The partners to an attorney partnership that gets into liquidation may render professional services independently.
The provisions of Article 42 of the Attorneyship Law will apply by analogy to an attorney partnership that gets into liquidation, if necessary.
The status of an attorney partnership that gets into liquidation will be recorded in the attorney partnership register of the bar association.
The liquidation actions will be conducted by the managing partner or the managing partners unless a specific procedure has been prescribed in the basic contract of the partnership for the appointment of a liquidator.
The liquidators or the managing partners appointed in accordance with the basic contract may be dismissed by the board of partners at any time.
The board of directors of the bar association  may also appoint replacements for liquidators upon the request of a shareholder supported by rightful grounds.
Upon assuming his/her duty, the liquidator will promptly determine the condition and status of the partnership and report his/her findings to the board of directors of the bar association. The board of directors of the bar association will assess a fee to be paid to the liquidator by taking into consideration the status report submitted by the liquidator. The manner of payment of this fee will be decided by the board of directors of the bar association. The partners in liquidation will be under the obligation to deposit the fee fixed by the board of directors of the bar association in the account to be designated by the bar association in proportion to their shares in the partnership. Non-payment of the fee will constitute a disciplinary offense.
The board of partners may unanimously decide the division of the movable and immovable assets owned by the partnership among the partners on the condition of the liquidation of the debts of the partnership.
The liquidator will pay all the expenses incurred in connection with the suits and cases filed by or against the partnership in liquidation out of the assets of the partnership.
At the end of the liquidation process, the assets of the partnership remaining after the payment of the debts will be divided among the shareholders in proportion to their shares.
The attorney partnership will be deleted from the attorney partnership register of the bar association upon a notification by the liquidator as to the completion of the liquidation process.




PART SIX
Merger And Transfer Of Attorney Partnerships

Merger and transfer
Article 30 – Two separate attorney partnerships registered with the same bar association may merge themselves into a new attorney partnership under the name of either partnership or a new name by the decisions to be made by the respective board of partners of both partnerships. Liquidation provisions will not be applied in such a case. The rights and obligations of the two attorney partnerships deciding to merge will succeed to the newly formed attorney partnership.
An attorney partnership may request transfer in accordance with Article 68 of the Attorneyship Law.
PART SEVEN
Books, Records, And Documentation

Mandatory books
Article 31 – An attorney partnership is under the obligation to keep a suits and actions book, a shares book, a decision book, an income and expenses book, and an assets book.
The partner in charge of the management and representation of the partnership will be responsible for the keeping of the books. The books that attorney partnerships are required to keep will be printed by the Union of Bar Associations of Turkey and obtained through bar associations for a price.

Certification of the books
Article 32 – Of the books that attorney partnerships are required to keep, the revenues and expenses book and the assets book will be certified by a notary public. The time and manner of notarization will be determined in accordance with the provisions of the Tax Procedure Law, number 213, dated 4 January 1961.
Upon the application to be made to the president of the bar association by the partnership for the other books, the bar association will count the pages of the books and put its stamp on all the pages. A memorandum will be prepared in two copies on the certification. One copy will be kept in the registration file for the partnership. The certification procedure will be carried out by the bar association at cost.

Suits and actions book
Article 33 – The suits and cases received by the partnership will be recorded in the suits and actions book with their date of arrival and serial number. These records will also indicate the client, the nature of the suit or case, information on the significant stages and the outcome of the suit or the case, and the attorneys assigned the suit or the case.

Shares book
Article 34 – A separate page will be opened for each partner in the shares book, indicating the partners identification data, the proportion of his/her shares, whom the shares were taken over from if the shares came by way of transfer, the date, and whom the shares were turned over to in case of a transfer. The necessary information will also be recorded for the succession of shares.
A file will also be kept for each partner in addition to the shares book.
Documentation on the share of participation in the partnership and the transfer of shares will be kept in this file.

Decision book
Article 35 – All the decisions made by the board of partners in connection with the activities of the partnership will be recorded in this book by date and serial number and signed by those present in the decision making. Dissenting partners will sign the decisions by annotating their reasons for dissension.

Revenues and expenses book
Article 36 – The revenues earned by the partnership from its professional activities will be recorded in this book by reference to the private profession receipt. The private profession receipt will be prepared on the date the revenue has been collected. All the expenditures incurred by the partnership will also be recorded in this book by order of the date they were incurred and by reference to documentation. The documents on which the revenues and expenditures recorded in the revenues and expenses book are based will be kept until five years have lapsed from the end of the year in which they were drawn up. The provisions in special laws are reserved.

Assets book
Article 37 – All of the movable and immovable assets owned by the partnership will be recorded in this book by order of the date of acquisition. Depreciation records will also be indicated in this book. Movable assets that become unusable from wear or are sold off will be deleted from the records using proper procedure.




PART EIGHT
Power Of Attorney

Power of attorney and certificate of authorization
Article 38 – The powers of attorney pertaining to the services to be rendered by the partnership will be drawn up in the name of the partnership.
The partnership will issue a certificate of authorization drawn up as per proper procedure to its partners or employed attorneys assigned to a suit or a case. If the power of attorney allows delegation of authority, the partnership may issue certificates of authorization to third party attorneys in addition to its partners or employed attorneys, in which case the partnership will remain jointly and severally liable in accordance with the Law and the present Regulations.

Power of attorney record book
Article 39 – Powers of attorney received in the name of the partnership for rendering services will be recorded in the power of attorney record book of the partnership by indicating the identification data of the person giving the power of attorney, data on the notary public that drew up the power of attorney, and the serial number and date of notarization; and the originals of the powers of attorney will be archived by the partnership by cross reference to an alphabetical listing.
PART NINE
Disciplinary Provisions And Final Provisions

Criminal liability
Article 40 – The partnership may not be the subject of a disciplinary prosecution independent of the disciplinary prosecution of the partners.
Every partner and the attorneys employed by the partnership will be under the obligation to act in compliance with the Attorneyship Law and the professional rules. Those acting in contradiction of the Law and the professional rules will also be personally liable for their acts.
In the event that the act or acts of the partner(s) and the attorney(s) employed by the partnership which constitute a disciplinary offense have been committed by a decision of the board of partners or under the instructions of the managing partner, or that the partnership fails to take the necessary action against those of its partners or employed attorneys who have gotten into the habit of committing acts or actions in contradiction of the Law and the rules, disciplinary punishments will be imposed as prescribed in the Law depending on the gravity of the acts.

Legal liability
Article 41 – Attorney partnerships will have unlimited joint and several liability for the acts, actions, and debts of the partners and the employed staff in connection with their professional duties, together with the said partners and staff. The right of the partnership to revert to the person concerned will be reserved.

Entry into effect
Article 42 – These Regulations will enter into effect on the date of their publication.

Enforcement
Article 43 – The provisions in these Regulations will be enforced by the board of directors of the Union of Bar Associations of Turkey.

(*) The present Regulations prepared by the Union of Bar Associations of Turkey have been published in the Official Gazette issue 24594 dated 25 November 2001.

ATTORNEYSHIP EXAMINATION REGULATIONS (*)
OF THE UNION OF BAR ASSOCIATIONS OF TURKEY

PART ONE
General Provisions

Purpose and scope
Article 1 – These Regulations provide for the procedures and rules concerning the attorneyship examination to be administered by the Student Selection and Placement Center on behalf of the Union of Bar Associations of Turkey to evaluate the knowledgeability of attorney candidates in the rules of the profession and their proficiency in applying to specific cases the legal rules in effect and the legal principles they have learned in the course of their attorney apprenticeship.

Legal basis
Article 2 – These Regulations have been issued in accordance with Article 30 of the Attorneyship Law, number 1136, dated 19 March 1969.



PART TWO
Qualification For The Examination

Examinees
Article 3 – The attorneyship examination may be taken by those who have received an apprenticeship completion certificate from the bar association with which they served their apprenticeship, deposited the formally announced examination fee, and are identified by name, last name and other personal data in the list submitted by their respective bar association to the Union of Bar Associations of Turkey.
Candidates who have received an apprenticeship completion certificate and wish to take the examination will apply to their respective bar association with a letter. Two photographs taken within the last six months and a bank receipt certifying the payment of the examination fee indicated in the announcement for the examination must be enclosed with the letter of application.
The bar association receiving the letter of application will prepare and certify an examination application form prepared by the Union of Bar Associations of Turkey to a standard format and bearing the applicant's photograph. This form will include the applicant's identification data and a candidate application number consisting of the province code number of the bar association, the apprentice registration number, and the last two digits of the year the form has been issued. The bar association will prepare this form in a single copy and forward it to the Union of Bar Associations of Turkey appended to the list of examinees.
The bar association will prepare and certify the list of examinees in three copies and send two of these copies to the Union of Bar Associations of Turkey together with the application forms with photographs within three days after the deadline for application for the examination. Candidates who are not in this list will not be admitted to the examination.
The Union of Bar Associations of Turkey will send the names of the candidates in the lists received from bar associations to the Student Selection and Placement Center together with the application forms with photographs to serve as a basis for the qualification process.

Period during which examination may be taken
Article 4 – Candidates qualified to take the examination will have four years as of the date they received their apprenticeship completion certificate in which to exercise all of their multiple rights to take the examination.
Said four-year period will be extended by the duration of circumstances constituting a rightful and valid excuse for inability to take the examination on condition that the said excuse is admitted by the Union of Bar Associations of Turkey.

Number of times the examination may be taken
Article 5 – Candidates whose names appear in the list of examinees may take the examination six times throughout the period indicated in Article 4. A candidate who is not successful on the examination during this period will not be allowed to take the examination thereafter.



PART THREE
Examination

Determination of examination topics
Article 6 – The topics to be included in the attorneyship examination and their weighted points will be specified in a protocol to be prepared with the Student Selection and Placement Center and adopted by the Union of Bar Associations of Turkey. The questions on the topics specified will be prepared and safeguarded by the Student Selection and Placement Center. The weight given to the sections on Attorneyship Law and Professional Rules in the evaluation of examination performance may not be less than thirty percent.

Adequacy of the examination to its goals
Article 7 – The purpose of the attorneyship examination is to evaluate the knowledgeability of attorney candidates in the rules of the profession and their proficiency in applying to specific cases the legal rules in effect and the legal principles they have learned in the course of their attorney apprenticeship. In order that the examination may properly serve these goals, the topics to be tested and their respective weights in the overall performance rating will be reviewed and reflected in the protocol between the Union of Bar Associations of Turkey and the Student Selection and Placement Center prior to each examination and declared in the formal announcement of the examination.

Rating for satisfactory performance
Article 8 – Examinees who receive a performance rating of seventy percent or higher will be considered as having performed satisfactorily on the examination.



PART FOUR
Administration Of The Examination

Determination and announcement of examination dates
Article 9 – The attorneyship examination will be administered twice a year. The date and place of the examination, the manner of application, and the topics to be included will be announced by the Union of Bar Associations of Turkey.

Admission certificate for the examination
Article 10 – An examination admission certificate indicating the building and room number where the examination is to be taken will be prepared by the Student Selection and Placement Center for each candidate rated as being qualified to take the examination and nominated in the list sent by the Union of Bar Associations of Turkey to the Student Selection and Placement Center. This examination admission certificate including the candidate's identification data and application number will be mailed to the candidate's address by the Student Selection and Placement Center before the date of the examination. Candidates will not be admitted to the examination without an examination admission certificate.

Examination fee
Article 11 – The fee to be charged for taking the examination will be determined by the Union of Bar Associations of Turkey and the Student Selection and Placement Center and declared in the formal announcement of the examination.
Bar associations will not accept the applications of candidates who, at the time of their application,  fail to produce evidence of the deposition of the examination fee in the account indicated in the formal announcement for the examination.
Otherwise, the bar association will liable with priority towards the Union of Bar Associations of Turkey for the examination admission fee which the Union of Bar Associations of Turkey may be obligated to pay to the Student Selection and Placement Center in this connection.
Expenses incurred in connection with the attorneyship examination will be paid out of the funds transferred to the Union of Bar Associations of Turkey in accordance with the provisions of the Apprenticeship Credit Regulations of the Union of Bar Associations of Turkey with the exception of those referred to in the above paragraph which will be paid by the Union of Bar Associations of Turkey.

Rules to be observed during the examination
Article 12 – The same professional principles and rules, and the provisions in the Regulations which must be observed during attorney apprenticeship will be equally applicable during the attorneyship examination.



PART FIVE
Examination Results

Communication of the examination results
Article 13 – The examination results will be communicated to the Union of Bar Associations of Turkey and mailed to the addresses of the examinees by the Student Selection and Placement Center. The Union of Bar Associations of Turkey will communicate to bar associations the examination results received from the Student Selection and Placement Center.

Certificate of satisfactory performance
Article 14 – The Union of Bar Associations of Turkey will prepare a certificate of satisfactory performance for each candidate whose performance rating on the examination is seventy percent or higher, and send same to the bar association concerned for delivery to the candidate.

Entry into effect
Article 15 – These Regulations will enter into effect on the date of their publication.

Enforcement
Article 16 – The provisions in these Regulations will be enforced by the board of directors of the Union of Bar Associations of Turkey.


(*) The present Regulations prepared by the Union of Bar Associations of Turkey have been published in the Official Gazette issue 24599 dated 30 November 2001

ATTORNEY APPRENTICESHIP REGULATIONS (*)
OF THE UNION OF BAR ASSOCIATIONS OF TURKEY



PART ONE
General Provisions

Purpose
Article 1 – The purpose of these Regulations is to provide legal, artistic, and educational opportunities for training independent and liberal attorneys who can apply the legal knowledge acquired through attorney apprenticeship to specific cases without deviating from scientific data and by using the methods of science, who can participate actively in the management of jurisprudential actions and the making of decisions throughout the process of jurisprudence, who are dedicated to the principles and rules of the profession, who endeavor to render viable the liberty of seeking justice, who respect human rights, and who will not falter from democracy and the supremacy of law.

Scope
Article 2 – These Regulations cover the stipulation of the purpose, formalities, and methods of the attorney apprenticeship to be served with bar associations.

Legal basis
Article 3 – These Regulations have been prepared in accordance with Article 23 of the Attorneyship Law, number 1136, dated 19 March 1969.
PART TWO
Application For Apprenticeship And Entry In The Apprentice Roster

Application
Article 4 – Candidates wishing to serve an apprenticeship will apply to the bar association with a letter of application.
The originals and two certified copies each of the following documents will be enclosed with the letter of application:
a) Identification card.
b) A document certifying graduation from a Turkish or foreign faculty of law or an undergraduate diploma (those who have graduated from foreign faculties of law must also furnish a document certifying that they have passed examinations in the extra courses in the curriculum of Turkish faculties of law.)
c) A document certifying residence in the district of the bar association in which enlistment is sought.
d) A signed personal statement that the candidate is free of the impediments to admission into the profession of attorneyship mentioned in Article 3, Subparagraph f and Article 5 of the Attorneyship Law.
e) A record of convictions with archival reference verifying the fact that the candidate has not been convicted of the crimes stated in Article 5, Subparagraph a of the Attorneyship Law.
f) Statements on the moral character of the candidate written separately by two attorneys enrolled with the bar association applied to, affirming their opinion that the candidate will abide by the principles and rules of the profession of attorneyship.
g) Having a bodily or mental handicap hindering one from practicing attorneyship permanently in an appropriate manner.
h) A clean bill of health issued by a medical specialist of an official hospital verifying the fact that the candidate does not have a bodily or mental handicap hindering him/her from practicing attorneyship permanently in an appropriate manner.
Incomplete applications will not be processed until the missing documents have been furnished.

Scrutiny
Article 5 – Upon the acceptance of the letter of application, the president of the bar association will assign one of the attorneys enrolled with the bar association with the task of investigating whether the apprentice candidate possesses the requisite qualifications for admission into the profession of attorneyship and whether he/she is engaged in any activities incompatible with attorneyship and preparing a report on the outcome of the investigation.
The attorney thus assigned will be under the obligation to assume this duty and submit a report within a maximum of fifteen days, barring a valid excuse.
If deemed necessary for the scrutiny of an application, the bar association may request information from social security organizations and other persons and agencies depending on the candidate's status for the purpose of investigating whether the candidate is engaged in any activities incompatible with attorneyship.

Physical examination
Article 6 – The bar association may require further medical evidence to determine whether the apprentice candidate has a bodily or mental handicap hindering him/her from practicing attorneyship permanently in an appropriate manner despite the submission of a medical report as per Article 4, Subparagraph g of these Regulations, in which case a physical examination will be conducted by the medical board of an official hospital.

Announcement
Article 7 – The request of the apprentice candidate will be publicly announced after his/her application has been admitted and processed. The request must be announced no later than fifteen days after the completion of the processing. The duration of the announcement will be fifteen days.
The announcement will be made by posting a letter with a photograph in a suitable place on the premises of the bar association and the justice hall where the Judicial committee operates. The dates the announcement has been posted and removed will be recorded in a memorandum by the bar association.

Objection
Article 8 – Every attorney or apprentice or others concerned may object to a candidate's request for entry in the apprentice roster.
The objection will be made by a letter. The objector must indicate his/her identification and address in the letter of objection, as well as the reasons for objection and the evidence, if any.

Decision
Article 9 – The board of directors of the bar association will make a reasoned decision within one month from the expiration of the objection period as to whether the candidate will be entered in the apprentice roster by taking into account the report mentioned in Article 19 of the Attorneyship Law and the documents contained in the file. The decision will be communicated to the candidate concerned and a copy will be forwarded to the local public prosecutor for consideration.
Objections may be raised against this decision with the Union of Bar Associations of Turkey by the members of the board of directors of the bar association, regardless of their presence or absence in the meeting at which the decision was made, within fifteen days as of the date of decision; by the public prosecutor as of the date the decision has been delivered to him/her; and by the candidate as of the date the decision has been communicated to him/her. The request will be considered as having been denied if a decision is not made within the period indicated in the first paragraph. In this case, the candidate 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 made on objections by the Union of Bar Associations of Turkey 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.
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.

Delivery to the Union of Bar Associations of Turkey
Article 10 – The candidate's letter of application and a copy of each of the documents enclosed therewith will be certified by the president of the bar association and sent to the Union of Bar Associations of Turkey. Written consent of the attorney with whom apprenticeship will be served will not be sought in cases described in the second and third paragraphs of Article 22 of the Attorneyship Law.




PART THREE
Apprenticeship With Courts

Apprenticeship with courts and judicial offices
Article 11 – A candidate whose entry in the apprentice roster has become final will apply, with a document he/she will receive from the bar association, to the Judicial committee in the same place as the high criminal court with which he/she wishes to serve his/her apprenticeship, within the district of the bar association.

Sequence and periods of apprenticeship
Article 12 – Apprenticeship with courts and judicial offices will be served in the following sequence and periods:
a) Public prosecutors' offices: One month.
b) High criminal court: One month.
c) Criminal court of first instance: Fifteen days.
d) Criminal court of peace: Fifteen days.
e) Civil court of peace: Fifteen days.
f) Civil court of first instance (including commercial, business, property records courts): One-and-a-half months.
g) Enforcement court and enforcement office: One month.
The judicial committee may change this sequence at its discretion and may allow an apprentice to serve with commercial, business or property records courts upon his/her request.
If there are administrative tribunals in the district of the bar association where apprenticeship is served, the apprenticeship will be served fifteen days each with public prosecutors' offices and administrative tribunals.

Serving the apprenticeship
Article 13 – The apprenticeship will be served under the supervision of the bar association, the public prosecutor, and the judge. The apprentice will be present at trials, on-site viewings, investigations, and the debating and writing of the decision without disrupting his/her apprenticeship training schedule.
The apprentice will study the files and decisions given to him/her and will prepare reports.
Apprentices will be responsible for the work they are assigned. However, mutual courtesy is the rule in the relations of apprentices with clerical staff, other apprentices, and clients. Apprentices must avoid conduct that would blemish the dignity of the profession.
There will be an apprenticeship book and an attendance sheet dedicated to apprentices in the justice hall for each term of apprenticeship to be served with courts and judicial offices. The apprentice attendance sheet will be signed by the apprentices every day. Apprentices missing signatures in the attendance sheet due to apprenticeship training activities or events such as conferences, panel discussions, and symposiums organized by the bar association will be exempt from the signature obligation by documenting their excuses. At the end of the term of apprenticeship, the attendance sheet will be approved by the public prosecutor or the judge in respect of attendance.
Apprenticeship is served without interruption. The days of absence with a valid excuse will be completed as prescribed in Article 23 of the Attorneyship Law. The apprentice will be responsible for justifying 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 the 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.
Upon the completion of each of the periods indicated in Article 12 of the present Regulations making up that portion of the apprenticeship which is served in the justice hall, a report will be prepared in two copies showing the apprentice's days of absence, if any; the assignments given to the apprentice and his/her general level of interest and performance; and the apprentice's propensity to observing the principles and rules of the profession. One copy of the report will be sent to the judicial committee and the other to the apprentice's bar association.
Apprenticeship served with courts will be supervised and monitored by the apprenticeship board or, in its absence, by the board of directors.


PART FOUR
Apprenticeship With An Attorney

Apprenticeship with an attorney
Article 14 – The remaining six months of attorney apprenticeship will be served with an attorney enrolled with the bar association, having a minimum seniority of five years in the profession (including the length of service spent as prescribed in Article 4 of the Attorneyship Law,) and having an independent office. Apprenticeship may be served with attorney partnerships if an attorney having these qualifications is available in the partnership.

Impediments
Article 15 – The attorney with whom apprenticeship will be served must not be the subject of a decision to initiate final investigation for an offense constituting an impediment to attorneyship, or punished with a fine or dismissal from employment by a decision of the disciplinary board which has become final during the last five years.
The attorney with whom apprenticeship will be served  will be identified by the president of the bar association in the event that the attorney with whom apprenticeship is currently being served is prohibited from practice as a precaution by a decision of the disciplinary board in accordance with Article 153 of the Attorneyship Law.

Commencement of apprenticeship with an attorney
Article 16 – Candidates approved by the judicial committee and recommended to commence apprenticeship with an attorney will start working with the attorney indicated in their application as having already accepted them.
In its letter on the commencement of apprenticeship with an attorney, the board of directors of the bar association will provide information on the apprentice training program and request cooperation in ensuring the apprentice's participation therein, stating also the precautions to be taken to ensure that the apprenticeship is served in compliance with the provisions in the Regulations, and the rules of training and evaluation that must be applied.

Obligation of the attorney
Article 17 – The attorney will be under the obligation to train the apprentice to become an independent and free attorney dedicated to the principle of the supremacy of law and the principles and rules of the profession, and capable of applying his/her legal knowledge to specific cases.
In discharging this obligation, the attorney will train the apprentice by offering the apprentice the opportunity to accompany him/her during trials and prison consultations, follow up business with courts and administrative offices, and prepare lawsuit files and correspondence. No tasks may be imposed on apprentices other than the foregoing.
The attorney will be under the obligation to supervise the participation, regular attendance, and satisfactory performance of the apprentice in the training activities of the bar association.

Serving the apprenticeship
Article 18 – The apprentice will attend and observe trials in the company of the attorney provided that this does not interfere with the apprentice training activities. The apprentice may appear as counsel in the trials in the courts stated in the Attorneyship Law with the written consent of the attorney.
The apprentice will conduct business in courts and administrative offices,  prepare lawsuit files, carry out research as may be needed, manage correspondence, conduct enforcement proceedings, and participate actively in the stages of enforcement law. Apprentices will be under the obligation to comply with the principles and rules of the profession and the rules in the Regulations in serving their apprenticeship.
Apprenticeship is served without interruption. The days of absence with a valid excuse will be authorized to be served to completion by the decision of the chairperson of the judicial committe in the case of apprenticeship with courts, and the decision of the board of directors of the bar association in the case of apprenticeship with an attorney, provided that an application to that effect is made during the one month following the cessation of the excuse.
In the presence of a valid excuse, the president of the bar association may grant the apprentice a leave of absence not to exceed thirty days by receiving also the opinion of the attorney with whom the apprenticeship is being served and the apprenticeship board.
An apprentice in military service who is on leave of absence from his military unit may continue serving his apprenticeship in civilian attire from where he left off.

Tasks that apprentices may perform:
Article 19 – 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.
An apprentice may obtain facsimiles of documents from the files on lawsuits and cases by photocopying and similar means with the written consent of the attorney with whom he/she is serving apprenticeship.
An apprentice may also examine the files on lawsuits and cases without power of attorney or written consent.


Reports
Article 20 – The attorney with whom apprenticeship is served will issue a report at the end of the first three months and another upon completion of the apprenticeship period. The last report will be final. The reports will evaluate the attendance of the apprentice, interest in the profession, propensity to observing the principles and rules of the profession, the trials participated in, the work conducted with a certificate of authorization, research and practical work done, and similar activities.

Inspection
Article 21 – The management of the bar association will be authorized to direct the commencement of apprenticeship, and decide whether the attorney with whom apprenticeship will be served possesses the qualifications prescribed in these Regulations, and whether the capabilities of the office are adequate for the training of the apprentice. The board of directors of the bar association or, if authorized, the apprenticeship board will also inspect throughout the apprenticeship period whether apprenticeship is being served in accordance with the training goals prescribed in the "Purpose" Article of these Regulations and the rules of the profession.




PART FIVE
Apprentice Training

Apprentice training duty of the bar association
Article 22 – Every bar association conducts apprentice training activities within its own organization in order to produce independent and free attorneys who are dedicated to the principles of the profession, capable of resolving real-life issues in the light of the principle of the state of law and the rules of the supremacy of law, and operating as one of the constituents of jurisdiction with the goal of achieving just and effective jurisprudence.
Bar associations may form apprentice training units for discharging the duty of training apprentices assigned to them as per the provisions in the Attorneyship Law and the Regulations in the light of scientific principles and on a regular basis. The establishment, operation, powers and responsibilities, and other affairs of these units will be defined by house regulations to be adopted by the general assembly of each bar association as provided for in these Regulations.
For apprentices serving their apprenticeship with bar associations lacking the necessary and sufficient means to offer apprentice training on a systematic and scheduled basis, this training will be given at the apprentice training units to be established in Ankara by the Union of Bar Associations of Turkey. The establishment, operation, powers and responsibilities of these units will be defined by regulations to be prepared by the board of directors of the Union of Bar Associations of Turkey.
The training to be given to apprentices at apprentice training units will be counted towards the period of apprenticeship to be served with an attorney and may not be interpreted as being contradictory to the rule of non-interruption of apprenticeship.

Basic principles and methods of apprentice training
Article 23 – Ensuring the service of apprenticeship in a manner compliant with the "Purpose" Article of these Regulations, providing apprentices with a knowledge of attorneyship law and professional rules, and developing their skills of applying professional knowledge to real-life situations make up the basic principle of attorney apprentice training.
In view of this principle, apprentice training of at least one-hundred-and-twenty hours in the course of a one-year attorney apprenticeship term will be given at the apprentice training units under an annual training program prepared and announced in advance. At least sixty hours of this training period will be regularly allocated to the principles and rules of the profession and "the attorney in practice."
Additionally, bar associations will prescribe in the house regulations they will prepare the manner how apprentice training will be conducted and the topics to be covered, taking into consideration the particular characteristics of their local area. Seminar activities will also be conducted and cultural activities such as panel discussions and symposiums organized.

Apprenticeship boards
Article 24 – The board of directors of the bar association will be authorized to establish an apprenticeship board in order to render more comprehensive and more efficient the apprentice training the bar association is under the obligation to provide in accordance with the Law and the Regulations, and to ensure uniformity and institutionalization in practice.
The composition of the apprenticeship board, the manner of appointment of its members, the scope of the powers to be delegated to this board by the board of directors of the bar association, the manner of exercising such powers, the modus operandi of the apprenticeship board, and matters of a similar nature will be prescribed by house regulations. The term of duty of the attorneys who are members of the apprenticeship board will be three years. A member whose term of duty expires may be re-elected.



PART SIX
Miscellaneous Provisions

Obligation to observe professional rules
Article 25 – Apprentices will be under the obligation to comply with the rules of the profession, the present Regulations and the house regulations to be issued by bar associations, and the decisions of principle of the Union of Bar Associations of Turkey.


Apprentice card
Article 26 – Once entered in the apprentice roster, an apprentice will be issued an attorney apprentice identification card with a serial number and a photograph printed to a standard format by the Union of Bar Associations of Turkey. The card will be recovered when the apprentice receives his/her apprenticeship completion certificate or is deleted from the apprentice roster.

Obligation to keep a file
Article 27 – A file will be opened for each apprentice at the apprentice training units. The documents submitted and produced until the stage of entry in the apprentice roster and all information and documentation regarding the attendance and training of the apprentice at the training stage will be kept in this file. The file will be submitted to the board of directors of the bar association  upon completion of the apprentice training.

Extension of the apprenticeship period
Article 28 – The apprenticeship period of an apprentice evaluated as inadequate by the reports of courts or public prosecutors, or by the report of the attorney with whom apprenticeship was served, or in his/her performance in the apprentice training may be extended by up to six months by the decision of the board of directors of the bar association.

Completion of apprentice training
Article 29 – An apprentice training completion certificate will be issued to an apprentice upon completion of apprentice training. The apprentice must have participated in the apprentice training program in order to be authorized to receive this certificate. Furthermore, the apprentice must have been rated as satisfactory in verbal and written expression, legal qualification, and propensity to observing professional principles and rules in the compulsory and optional training activities; must have had his/her personal activity report admitted; and must have raised the impression that he/she would uphold the dignity of the profession and abide by the principles stated in the "Purpose" Article of these Regulations in practicing attorneyship.

Receiving the apprenticeship completion certificate
Article 30 – The board of directors of the bar association will decide in its first meeting to issue an apprenticeship completion certificate to an apprentice who has completed his/her apprenticeship period and has received an apprentice training completion certificate provided that an examination of the documentation and reports in the apprentice's file yields the conclusion that they are adequate.

Transfer of the apprenticeship
Article 31 – Transferring the apprenticeship to another location is permitted. Those rules in Articles 68, 69, and 70 of the Attorneyship Law which are not contradictory to apprenticeship will govern in this respect. An apprentice may be held partially or fully exempt from apprentice training by the receiving bar association upon the recognition that he/she has partially or fully completed apprentice training with the sending bar association.

Deletion from the apprentice roster
Article 32 – The names of those who lose the conditions and qualifications for attorney apprenticeship prescribed by the Attorneyship Law and the Regulations, those who are subsequently discovered not to have originally possessed such conditions and qualifications, those who request their deletion from the attorney roster of their own will, those who violate the rule of non-interruption of the apprenticeship, and those who persist in acting in contradiction of professional rules and the provisions in the Regulations despite a written warning will be deleted from the apprentice roster by the decision of the board of directors of the bar association.
The procedure described in Article 71 of the Attorneyship Law will be applied regarding the decision of deletion by the board of directors of the bar association and the objection of the apprentice.

Provisional Article 1 – Bar associations will be under the obligation to prepare their apprentice training programs in accordance with these Regulations by 1 January 2002.

Entry into effect
Article 33 – These Regulations will enter into effect on the date of their publication.

Enforcement
Article 34 – The provisions in these Regulations will be enforced by the board of directors of the Union of Bar Associations of Turkey.


(*) The present Regulations have been published in the Official Gazette issue 24615 dated 19 December 2001

APPRENTICESHIP CREDIT REGULATIONS (*)
OF THE UNION OF BAR ASSOCIATIONS OF TURKEY


PART ONE
General Provisions

Scope
Article 1 – These Regulations cover the principles, conditions and the rules for the distribution of the credit to be extended to attorneyship apprentices by the Union of Bar Associations of Turkey.

Purpose
Article 2 – The purpose of these Regulations is to establish the principles and conditions for the credit, and to determine its beneficiaries, amount, manner of repayment, and the manner of division among and spending by the Union of Bar Associations of Turkey and the bar associations, of the money collected through repayments and remaining after the payment in order to support attorneys and promote professional development.

Legal basis
Article 3 – These Regulations have been prepared in accordance with Article 27 of the Attorneyship Law, number 1136, dated 19 March 1969.

PART TWO
Source Of The Credit

Source of the credit
Article 4 – The Apprenticeship Credit Fund, which is the source of the credit to be extended to apprentices, consists of the cost of the stamps to be affixed to the originals and facsimiles of the powers of attorney or certificates of authorization to be presented to authorities by the attorneys without a law degree and the overseers of legal affairs exercising the powers of regular attorneys in accordance with Provisional Article 13 and 17 of the Attorneyship Law, the funds to be accumulated from the repayment of credit, and their revenues.
All organizations and agencies that are under the obligation to present powers of attorney must also affix stamps to the originals and facsimiles of the powers of attorney or certificates of authorization.

Value of the stamp to be affixed
Article 5 – The value of the stamp to be affixed to powers of attorney or certificates of authorization or similar documents will be equal to the amount indicated in the tariff for charges for facsimiles of powers of attorney, included in the section on jurisdictional charges of the Law of Charges, number 492, dated 2 July 1964, in effect on the date the stamp was affixed.

Printing of the stamps
Article 6 – The apprenticeship credit stamps will be printed by the Union of Bar Associations of Turkey.

Distribution of the stamps
Article 7 – The Union of Bar Associations of Turkey will decide the manner in which the apprenticeship credit stamps will be distributed to bar associations against the payment of their value. The distribution may also be ordered to an organization against payment.




PART THREE
Determination Of The Amount Of The Credit

Amount of the credit
Article 8 – The amount of credit to be extended to apprentices out of the Apprenticeship Credit Fund will be determined by the board of directors of the Union of Bar Associations of Turkey in the month of January every year.
The amount will be determined by taking into consideration the number of apprentices serving apprenticeship in bar associations, the money accumulated in the fund, and the amount for that year indicated in the tariff for charges for facsimiles of powers of attorney, included in the section on jurisdictional charges of the Law of Charges.
The new amount determined will be applicable to those starting their apprenticeship training after the date of determination. If the newly determined amount is greater than that of the preceding term, apprentices in beneficiary status will be allowed to benefit from the differential amount by fulfilling the formal conditions for receiving credit.




PART FOUR
Extension of Credit to Apprentices

Application for credit
Article 9 – Apprentices must be entered in the apprenticeship roster of any bar association in order to be able to benefit from the credit. An apprentice wishing to receive credit will complete the credit application form and apply to the bar association where his/her name is listed in the roster together with the other documents required.
While an honor system will be observed regarding the truth of the information declared by apprentices, the bar association may investigate the veracity of the data furnished in the application form if deemed necessary. The bar association will forward the application file to the Union of Bar Associations of Turkey with precedence.

Documents to be appended to the application
Article 10 – The following documents will be appended to the application for credit:
a) Application form as prescribed by the Union of Bar Associations of Turkey.
b) Letter of the bar association verifying the apprentice's enlistment in its apprenticeship roster.
c) Credit contract indicating the obligations to be undertaken by the apprentice, the manner of repayment, address for the delivery of notices, and papers pertaining to the surety.
d) Other information and documents required for the payment of the credit.

Acceptance or rejection of the application for credit
Article 11 – <Amended as per Article 24804/2, Official Gazette dated 3 July 2002>
Credit applications made to bar associations will be forwarded to the Union of Bar Associations of Turkey. They will be accepted after their compliance with the required conditions has been ascertained by a review by members authorized by the board of directors of the Union of Bar Associations of Turkey.
Applications not considered to be fulfilling the required conditions as a result of the review will be addressed by the board of directors for a decision. The decision on the credit application will be communicated to the apprentice and his/her bar association within thirty days.

Duration of credit
Article 12 – <Amended as per Article 24804/3, Official Gazette dated 3 July 2002>
Credit will be extended to an apprentice on the apprenticeship roster for the scheduled duration of the legal period of apprenticeship starting on the date of application. Apprentices requesting credit for shorter periods than the apprenticeship period must indicate this fact in their application form. In the event the duration of the apprenticeship becomes prolonged for valid reasons, credit payments will continue for the extra duration. However, credit will be discontinued for the extra duration under circumstances where the apprenticeship has been prolonged in accordance with Article 25 of the Attorneyship Law.

Payment of credit
Article 13 –<Amended as per Article 24804/4, Official Gazette dated 3 July 2002>
A file will be opened at the Union of Bar Associations of Turkey for any apprentice who has gained beneficiary status for credit, and the payment records and other relevant data will be kept in this file. The contents of this file will serve as a basis in the event of discrepancies in or disputes over records.
An apprentice whose application for credit has been accepted will be issued a credit allocation number. The Union of Bar Associations of Turkey may enter into an agreement with a bank for payments or may opt for another payment system offering fast, practical, and secure service depending on the circumstances at the time. Credit payments may be effected either in monthly advances throughout the duration of the apprenticeship period or in installments advanced up to three months provided that funds permit. In payments through a bank, the installments will be considered as having been paid to the apprentice on the date they have been deposited in his/her account.

Transfer of the apprenticeship
Article 14 – The credit payments will continue in the event an apprentice transfers his/her apprenticeship to another bar association. The sending and receiving bar associations will communicate the dates of transfer and acceptance to the Union of Bar Associations of Turkey by the fastest means.
The Union of Bar Associations of Turkey will continue credit payments to a new account to be opened with a bank where the new bar association of the transferring apprentice is located.
PART FIVE
Suspension And Termination Of Credit

Reasons for suspension of credit
Article 15 – In cases where the apprentice takes a break from his/her apprenticeship under circumstances permitted by the Attorneyship Law, the fact will be reported by his/her bar association to the Union of Bar Associations of Turkey and his/her credit payments will be suspended.
The payments will continue as before once the circumstances for the suspension have been removed.

Reasons for termination of credit
Article 16 – Credit payments will be terminated under such circumstances as would occur when an apprentice receiving credit <...>  has his/her name deleted from the attorneyship roster for a reason other than transfer to another bar association, loses his/her qualifications at the time of commencement of the apprenticeship, is discovered to have made false declarations at the time of the application for credit, does not participate in the training activities organized by the bar association, is determined to be violating the provisions in the Attorneyship Law and the Regulations issued under that Law and the rules of the profession, and fails to discharge the assigned duties. Under such circumstances, the credit received will become due for repayment in its entirety thirty days later without having recourse to serving a notice of default. This debt will be collected from the debtor and his/her sureties jointly and severally including legal interest.

Conduct of investigation
Article 17 – When an impediment arises to an apprentice's receipt of credit, such impediment will be investigated by the bar association the apprentice is listed with. Credit payments will continue during the investigation. The decision made as a result of the investigation will be reported to the Union of Bar Associations of Turkey and communicated to the apprentice. The apprentice may raise an objection against this decision with the board of directors of the Union of Bar Associations of Turkey. The decision made by the board of directors of the Union of Bar Associations of Turkey will be final.
The repayment of the credit will become due on the date the decision becomes final.
The provisions in the Attorneyship Law regarding the method of investigation and the right of defense will be applied here, as well. Furthermore, the provision in the last paragraph of Article 17 of the Attorneyship Law will also be reserved for cases when the decision made in reference to the investigation states that the declarations made at the time of application for credit have been discovered to be false.
PART SIX
Accounting, Repayment, Or Cancellation Of The Debt For The Credit

Accounting and communication of the debt for the credit
Article 18 – <Amended as per Article 24804/6, Official Gazette dated 3 July 2002>
The credit paid to an apprentice in monthly installments will be debited to his/her account as of the dates of payment. The amount to be repaid will be determined by increasing the amount of debt on the date it became due by thirty percent in interest, and the total amount debt thus calculated will be communicated to the apprentice and his/her sureties.
The interest will be simple and incurred only once. No other interest will be charged if the debt is repaid in its entirety within the repayment period stated in Article 19 of the present Regulations.

Repayment of the debt for the credit
Article 19 – <Amended as per Article 24804/7, Official Gazette dated 3 July 2002>
The debt an apprentice has incurred for the credit will become due for repayment twenty-four months after the completion of the apprenticeship. The total amount of debt calculated in accordance with Article 18 of the present Regulations will be repaid, as of the date it became due, in monthly installments the number of which will not be greater than the number of installments the credit was paid in. No interest will be incurred if the total amount of debt is repaid in its entirety before the due date.
The sureties will also be jointly and severally liable for the debt on the credit.
Extensions of the period of apprenticeship in accordance with Article 25 of the Attorneyship Law will not be taken into consideration in the determination of the date of commencement of the repayment.

Default in the repayment of monthly installments
Article 20 – When a debtor falls in default in any installment, a written warning will be communicated to the debtor and his/her sureties inviting them to effect the repayment within ten days. The debt will become due in its entirety if the defaulted installment is not repaid within this period despite the warning. This debt will be collected from the debtor and his/her sureties jointly and severally including legal interest to be incurred starting from the date the debt became due.

Cancellation of the debt on the credit
Article 21 – The unrepaid debts on the credit of debtors who die while serving apprenticeship or become disabled for work as documented by a report issued by the medical board of a full-service hospital will be cancelled. The sureties will also benefit from the cancellation.


PART SEVEN
Expenditure Of The Amount Remaining After Payments Of Credit

Amount remaining after payments of credit
Article 22 – The Union of Bar Associations of Turkey will prepare the final accounts for the preceding year at the end of the month of January every year in order to determine the amount remaining after credit payments. Once the stamp value for the new year and the possible number of apprentices to apply for credit in the new year have been determined, twenty-five percent of the amount estimated to remain will be deposited in the account of the Union of Bar Associations of Turkey and thirty percent in the accounts of bar associations in equal amounts. The remainder will be deposited in the accounts of bar associations in proportion to the number of attorneys enrolled with each bar association as of the end of the year the accounting is based on.

Spending principles
Article 24 – In spending the money transferred to them from the Apprenticeship Credit Fund, bar associations will give priority to the realization of the projects they will develop and submit to the Union of Bar Associations of Turkey to offer solutions to the issues of social security, health, and on-the-job training of their enrolled attorneys and listed apprentices.
The manner of spending of the transferred amounts will be prescribed in the house regulations of the bar associations.



PART EIGHT
Miscellaneous Provisions

Address for service of notice
Article 25 – A notice served to the last known address will be considered valid unless the apprentices who receive credit and are effectively in debtor status on the credit, and their sureties, communicate in writing any changes to the address they declared as their address for service of notice at the time of their application for credit not later than one week from the date of such change.

Provisional Article 1 – No credit will be extended to apprentices for as long as the funds accumulated in the source consisting of the stamp values to be collected as of 10 May 2001 in accordance with Article 27 of the Attorneyship Law fall short of covering the total amount of credit to be extended to apprentices.
The extension of credit will commence as of 1 January 2002.

Entry into effect
Article 26 – These Regulations will enter into effect on the date of their publication.

Enforcement
Article 27 – The provisions in these Regulations will be enforced by the board of directors of the Union of Bar Associations of Turkey.


(*)  The present Regulations have been published in the Official Gazette issue 24615 dated 19 December 2001.  The text has been changed to reflect the amendment to these Regulations published in the Official Gazette issue 24804 dated 3 July 2002.

MINIMUM ATTORNEYSHIP FEE TARIFF (*)

GENERAL PROVISIONS

Purpose and scope
Article 1 – The provisions in the Attorneyship Law and this Tariff will be applicable to the circumstances where no written agreement over a fee has been concluded between the attorney and the client or the attorneyship fee is to be imposed on the opposite party by law in the rendering of all legal services. Attorneyship fee may not be fixed at rates lower than prescribed in this Tariff.
The provisions in PART FOUR of this Tariff will be applied in determining the fees to be paid to arbitration boards to be appointed in accordance with Article 167 of the Attorneyship Law.

Services covered by the attorneyship fee
Article 2 – The attorneyship fee mentioned in this Tariff is in exchange for services rendered in connection with lawsuits, cases, and actions until the procurement of a final ruling. The petition prepared and other actions accomplished in connection with lawsuits and cases overseen by the attorney will not require a separate fee. Attorneyship fee may not be adjudged in the case of the admission or rejection of the requests for clarification of judgement, either.
However, enforcement proceedings; the trials upon appeal of lawsuits in the Court of Cassation, the Council of State, the Military Court of Cassation, and the Court of Audits, and the trials upon exception of lawsuits in the regional administrative tribunals will require a separate fee.

The party to pay the attorneyship fee, upper and lower limits of the attorneyship fee, and the attorneyship fee to be paid by defendants in the event of nonsuit for common or different grounds
Article 3 – The attorneyship fee due to the attorney, to be imposed on the opposite party by the judicial authority, may not be less than, or more than three times the amount indicated in the appended Tariff.  The fee will be fixed by taking into consideration the energy and efforts spent by the attorney, the importance and nature of the work, and the duration of the suit.
In the event of the dismissal of action in suits filed against jointly and severally liable defendants, a single attorneyship fee will be adjudged in favor of the attorney of the defendants whose grounds for nonsuit are common, and a separate attorney fee adjudged for each ground for nonsuit in favor of the attorney of the defendants whose grounds for nonsuit are different.

Representation by more than one attorney
Article 4 – Not more than a single attorneyship fee may be imposed on the opposite party in the event of the same legal service being rendered by more than one attorney.

Wholeness of the attorneyship fee
Article 5 – An attorney who agrees to render services for a lawsuit or an enforcement proceeding will be entitled to the whole attorneyship fee fixed in accordance with thisTariff regardless of the stage at which the services commenced.

Fee to be paid in the event of abatement of action, renunciation, acceptance, and settlement outside court
Article 6 – One half of the fees fixed as per the Tariff will be adjudged in the event that the dispute is resolved before the implementation of an interlocutory judgement as to the gathering of evidence for such reasons as abatement of action, renunciation, acceptance, and settlement outside court; and the full amount of the fees if the dispute is resolved after such implementation.

Fee to be paid in the event of nonsuit due to incompetence ratione materiae, incompetence ratione loci, failure to fulfill the prerequisites for admissibility of the suit, or the incorrect specification of the adverse party; the transfer of the suit, and its being considered as not filed
Article 7 – One half of the fees fixed as per the Tariff will be adjudged in the event that a decision is made to dismiss the declaration of suit due to nonjurisdiction, to transfer the suit, or to consider the suit as not filed, before the implementation of an interlocutory judgement as to the gathering of evidence; and the full amount of the fees if the decision is made after such implementation.
However, the attorneyship fee to be adjudged may not exceed the amounts indicated in PART TWO, SECTION TWO of this Tariff depending on the court where the suit was being tried.
In the event of nonsuit due to failure to fulfill the statutory prerequisites for admissibility of the suit and the incorrect specification of the adverse party, the attorneyship fee indicated in PART THREE of this Tariff will be adjudged, not to exceed the amounts indicated in PART TWO, SECTION TWO depending on the court where the suit was being tried.
No attorneyship fee may be adjudged in the event of the statutory transfer of jurisdiction, and the issuance of a decision of incompetence rationae materiae or rationae loci due to the establishment of new courts.

Fee to be paid for cross-action, and joinder and splitting of causes of action
Article 8 – A separate fee will be adjudged for each suit in the event of a counter-claim being brought against a suit pending in court, another cause of action being consolidated with the latter, or causes of action being divided.

Fee to be paid for suits for alimony, rent assessment, and eviction
Article 9 – The attorney fee will be adjudged as the entire amount to be calculated in accordance with PART THREE of this Tariff on the basis of the annual amount of rent for eviction suits, the annual differential amount of rent adjudged for rent assessment suits, and the annual amount of alimony adjudged for alimony suits. The fee thus adjudged may not be less than the fee indicated in PART TWO, SECTION TWO depending on the court where the suit was being tried.
No attorney fee will be adjudged on the basis of the rejected portion of the alimony claimed in alimony suits.

Fee to be paid for suits for moral damages
Article 10 – The attorneyship fee for suits for moral damages will be determined in accordance with PART THREE of this Tariff on the basis of the adjudged amount.
In the event of partial dismissal of action, the fee to be adjudged in favor of the attorney of the adverse party in accordance with PART THREE of this Tariff may not be greater than the fee determined in favor of the attorney of the plaintiff.
In the event of total dismissal of action, the attorneyship fee will be adjudged in accordance with PART TWO, SECTION TWO of the Tariff.

Fee to be paid in enforcement and bankruptcy directorates and enforcement courts
Article 11 – The attorneyship fee for legal services rendered in enforcement and bankruptcy directorates is in compensation for all the actions rendered until the conclusion of the proceedings. If the issue is money or measurable in monetary terms, the attorneyship fee may not be less than one half the amount indicated for proceedings in enforcement offices in PART TWO, SECTION TWO of the Tariff.
The procurement of a certificate of insolvency will be considered as one of the actions terminating proceedings.
An additional attorneyship fee will be adjudged in accordance with this Tariff if a trial is held in enforcement courts. However, such fee will be in compensation for legal services rendered in suits and cases indicated against serial numbers two and three in PART TWO, SECTION TWO of the Tariff; and the attorneyship fee to be adjudged in accordance with PART THREE of the Tariff may not be greater than the amounts indicated against these serial numbers.
The fees in PART TWO, SECTION TWO of the Tariff will be adjudged for enforcement proceedings pertaining to alimony and eviction; and the fees in PART THREE for actions of replevin filed with enforcement courts.
Three fourths of the fee adjudged in accordance with the Tariff will be paid if the debtor clears his/her debt within the objection period.

Fees according to PART THREE of the Tariff
Article 12 – <Revised as per Official Gazette issue 24979 dated 30 December 2002> If the issue for which the legal services indicated in PART TWO, SECTION TWO of the Tariff are rendered is money or measurable in monetary terms, the attorneyship fee will be determined in accordance with PART THREE of the Tariff. The provisions in the second paragraph of Article 7, the last sentence in the first paragraph of Article 9, and the last paragraph of Article 10 being reserved, the fee thus adjudged may not be less than one half the amount determined in accordance with PART TWO, SECTION TWO of the Tariff.

Fee to be paid for criminal suits
Article 13 – In the event of a judgement of acquittal in personal lawsuits (Code of Criminal Procedure, Article 344) attorneyship fee will be adjudged in favor of the attorney of the accused in accordance with PART TWO, SECTION TWO of the Tariff.
In the event that a criminal sentence has been given and a personal claim has been admitted in part upon a personal lawsuit or third party intervention in a public prosecution, the attorneyship fee to be adjudged in favor of the attorney of the accused on the basis of the rejected amount will be determined in accordance with PART THREE of the Tariff.
In suits where only a fine has been adjudged in accordance with special laws, by-laws, and decree-laws including criminal provisions, the attorneyship fee to be determined in accordance with the Tariff may not be in excess of the amount of fine adjudged.
Attorneyship fee in accordance with PART THREE of the Tariff will be adjudged in claims made to high criminal courts for damages in accordance with the Law on the Payment of Damages to Persons Arrested or Detained Illegally.
However, the fee thus adjudged may not be less than the amount indicated against serial number ten in PART TWO, SECTION TWO of the Tariff.
The provision in Article 11 will be applied in the determination of the attorneyship fee for the claim for moral damages by a personal litigant or a third party.
The provisions regarding the fixed fees indicated in PART TWO, SECTION TWO of the Tariff for courts of peace, courts of first instance, and high criminal courts will be applied in juvenile courts depending on the nature of the offense.

Fee to be paid for conducting court action in the Court of Cassation, High Court of Military Administration, regional administrative tribunals, administrative tribunals, and tax courts
Article 14 –For court action of first instance or with hearings as a result of appeals in the Court of Cassation, in the general assemblies of administrative and taxation chambers and in the chambers of lawsuits of the Council of State], in regional administrative, general administrative, and taxation courts, one half of the fee indicated in the Tariff will be adjudged in the event the dispute ceases to exist due to renunciation or acceptance or the suit is decided to be dismissed for the same reasons before the expiration of the response periods and the full amount of the fee otherwise.
However, the fee adjudged in accordance with the above paragraph may not be less than the amount indicated in PART TWO, SECTION TWO of the Tariff with the exception of the dismissal of action.
No attorneyship fee will be adjudged if the petition to file suit is decided to be forwarded to a competent authority or rejected.
The provisions in the above paragraphs will also be applied to court action conducted in the High Court of Military Administration.

Fee to be paid for the preparation of a memorandum of conciliation
Article 15 – One half of the fee indicated in the relevant PARTs of this Tariff will be applied for the preparation of a memorandum of conciliation as per Article 35/A of the Attorneyship Law in courts having jurisdiction in respect of the subject matter.

Fee to be paid for arbitration
Article 16 – The provisions in this Tariff will be applied in all manner of legal services rendered before an arbitrator.

Fee to be paid for execution of action
Article 17 – For the purposes of this Tariff, "execution of action" refers to the actions and formalities which the person concerned or a representative is legally obligated to accomplish in order to render actions and formalities which have no bearing upon the exercise of judicial power.
The fee indicated for execution of action in the Tariff is in compensation for all legal services rendered until the completion of a particular action even if that action involves numerous formalities conducted by one or more public agency, organization, or entity.

Fee to be paid for actions executed by attorneys without a law degree.
Article 18 – This Tariff will also be applied to actions executed by attorneys without a law degree.

Fee to be paid for services not indicated in the Tariff
Article 19 – The fee to be paid for legal services not indicated in the Tariff will be determined by analogy to similar services indicated in the Tariff by taking into consideration the nature of the services rendered.

Tariff to be applied
Article 20 –  The tariff in effect on the date the legal services have been completed or a judgement rendered at the conclusion of a suit will be taken as the basis in the adjudgement of the attorneyship fee.

Value added tax
Article 21 – Value added tax will be added to the fees indicated in this Tariff in accordance with the provisions of Law number 3065.

Entry into effect
Article 22 – This Tariff will enter into effect on the date of its publication to be applicable as of 4 December 2002.

ATTORNEYSHIP FEE TARIFF

PART ONE

SECTION ONE

Fee to be paid for legal services other than lawsuits and legal actions

1   Verbal consultation in office (up to one hour)Each subsequent hour   TL   60,000,000.-TL   30,000,000.-
2   Verbal consultation where invited (up to one hour)Each subsequent hour   TL 125,000,000.-TL   60,000,000.-
3   Consultation in writing   TL 100,000,000.-
4   Writing all kinds of petitions, notices, warnings, protests   TL   60,000,000.-
5   Preparation of contracts and similar documentsa) Rental contracts and similar documentsb) By-laws, regulations, testamentary contracts, wills, foundation charters, and similar documentsc) Basic contracts of companies, contracts related to commercial affairs such as the transfer and merging of companies   TL 100,000,000.-TL 400,000,000.-TL 400,000,000.-




SECTION TWO

Fee to be paid for legal services rendered for execution of actions

1   Documenting a situation, collecting money at the stage of payment, obtaining a facsimile of a document, etc.   TL      80,000,000.-
2   Services rendered in connection with the commencement, determination, registration, transfer, modification, termination, or protection, etc. of a right   TL    150,000,000.-
3   Certification of the basic contracts of commercial legal entities, procurement and transfer of licenses and concessions in their field of operation, naturalization into Turkish citizenship, etc.   TL    750,000,000.-
4   Services rendered at tax conciliation commissions   TL    300,000,000.-
5   Services rendered in international tribunalsa) Without trialb) With trialc) If the issue is money, the fee will be determined in accordance with PART THREE of the Tariff   TL 1,250,000,000.-TL 2,500,000,000.-

SECTION THREE

Fee to be paid to attorneys who must be retained on contract in accordance with Article 35 of the Attorneyship Law

1   Building cooperatives   TL 200,000,000.-
2   Joint stock companies(The fee indicated is for consultancy only and does not cover lawsuits and execution of action.)   TL 300,000,000.-



SECTION FOUR

Monthly attorneyship fee to be paid by public agencies and organizations, private persons, and legal entities to their attorneys under contract(The fee indicated is for consultancy only and does not cover lawsuits and execution of action.)   TL 330,000,000.-



PART TWO

SECTION ONE

Fee to be paid for legal services rendered in places of jurisdiction and enforcement and bankruptcy offices where the fee is fixed by tariff although the issue is money or is measurable in monetary terms

1   Precautionary attachment, precautionary judgement, determination of evidence, stay of execution, designation of a place for payment or delivery not related to a suit pending in courta) Without trialb) With trialHowever, the attorneyship fee will be adjudged in accordance with PART THREE for precautionary attachments and judgements up to TL 600,000,000.- without trial and up to TL 800,000,000.- with trial.   TL 60,000,000.-TL 80,000,000.-
2   Services rendered at property sale offices for partition of property   TL 100,000,000.-
3   Suits of partition and division of proceeds    TL 230,000,000.-
4   Lawsuits and actions in tax courtsa) Without trialb) With trialHowever, the attorneyship fee will be adjudged in accordance with PART THREE when the amount of tax at issue is up to TL 1,500,000,000.- for suits without trial and up to TL 2,000,000,000.- for suits with trial.   TL 150,000,000.-TL 200,000,000.-
SECTION TWO

1   Actions executed at enforcement offices   TL      60,000,000.-
2   Actions executed at enforcement courts   TL      75,000,000.-
3   Lawsuit and trial actions at enforcement courts   TL    100,000,000.-
4   Criminal actions at enforcement courts   TL      60,000,000.-
5   Actions executed at the preliminary stage   TL    100,000,000.-
6   Lawsuits conducted in courts of peace   TL    100,000,000.-
7   Lawsuits conducted in courts of first instance   TL    200,000,000.-
8   Lawsuits conducted in consumer courts (However, the attorneyship fee will be adjudged in accordance with PART THREE of this Tariff if the amount in controversy is in excess of TL 750,000,000.-)   TL      75,000,000.-
9   Lawsuits conducted in courts of literary and industrial property(However, the attorneyship fee will be adjudged in accordance with PART THREE of this Tariff if the amount in controversy measurable in monetary terms is in excess of TL 8,500,000,000.-)   TL    650,000,000.-
10   Lawsuits conducted in high criminal courts and state security courts.   TL    550,000,000.-
11   Lawsuits conducted in military courts    TL    275,000,000.-
12   Lawsuits conducted in administrative tribunals and tax courtsa) Without trialb) With trial    TL    150,000,000.-TL    230,000,000.-
13   Lawsuits of first instance in the Court of Cassation   TL    520,000,000.-
14   Lawsuits of first instance in the Council of State and the High Court of Military Administrationa) Without trialb) With trial   TL    200,000,000.-TL    520,000,000.-
15   Lawsuits that result from appeals in the Court of Cassation, the Council of State, the Military Court of Cassation, and the Court of Audits   TL    275,000,000.-
16   Lawsuits in the Court of Jurisdictional Disputes   TL    275,000,000.-
17   Görülen dava ve işler in the Constitutional Courta) Lawsuits in the capacity of High Tribunal b) Other lawsuits and actions   TL 1,000,000,000.-TL    500,000,000.-

PART THREE

Fee to be paid for legal services rendered in places of jurisdiction and enforcement and bankruptcy offices where the issue is money or is measurable in monetary terms

1   Up to TL 3,000,000,000.-   10%
2   For the next TL 4,000,000,000.-   8%
3   For the next TL 18,000,000,000.-   6%
4   For the next TL 75,000,000,000.-   4%
5   For the next TL 200,000,000,000.-   2%
6   For the next TL 700,000,000,000.-   1%
7   In excess of TL 1,000,000,000,000   0.1%





PART FOUR

Fee to be paid to arbitration board to be appointed in accordance with Article 167 of the Attorneyship Law

All lawsuits and actions conducted by the arbitration board   TL 150,000,000.-


(*)  The present Regulations prepared by the Union of Bar Associations of Turkey and published in the Official Gazette issue 24950 dated 28 November 2002 have entered into effect as of 4 December 2002. The wording of the Tariff has been revised to reflect the amendment published in the Official Gazette issue 24979 dated 30 December 2002.

ATTORNEYSHIP FEE TARIFF (*)  FOR LEGAL SERVICES TO BE RENDERED IN ACCORDANCE WITH THE CODE OF CRIMINAL PROCEDURE, NUMBER 1412



General Provisions

Subject and scope
Article 1 – The appended fee tariff will be applied in legal services to be rendered by attorneys appointed by bar associations as counsel for defense in accordance with Article 146 of the Code of Criminal Procedure, number 1412, dated 18 November 1992 amended as per Law number 3842.

Fee
Article 2 – The fee indicated in theTariff will be paid for legal services rendered during the investigation.
The attorney appointed as counsel for defense will be paid a fee against receipt according to the Code of Criminal Procedure Fee Tariff. Fees will be paid separately for investigation and trial. A single attorney may be appointed as counsel for defense for more than one person accused in the preliminary and final investigations provided that there is no conflict of interest; and a separate fee will be paid to the attorney appointed as counsel for defense for each person accused.

Circumstances terminating legal service
Article 3 – One half of the fee indicated in the Tariff will be paid in the event the assignment as counsel for defense is terminated due to incompetence ratione materiæ, incompetence ratione loci, transfer of the suit, or other reasons.
The fee indicated in the Tariff will be paid in full to an attorney whose assignment as counsel for defense is terminated due to another attorney being selected subsequently as counsel for defense by the client.

Consolidation of actions
Article 4 – A single fee will be paid in the event of consolidation of actions.

Conflict of interest
Article 5 – The fee will be paid in full to an attorney who withdraws totally from his/her duty due to conflict of interest defending more than one person.

Fee for attorneys without a law degree
Article 6 – This Tariff will also be applied to services rendered by attorneys without a law degree.

Tariff to be applied
Article 7 –  The tariff in effect on the date the legal services have commenced will be taken as the basis in the adjudgement of the attorneyship fee for the counsel for defense

Right of recourse
Article 8 – The Union of Bar Associations of Turkey may seek recourse to those of the accused sentenced to pay the cost of jurisprudence whose financial status is adequate to reimburse the fee paid to the counsel for defense.

Value added tax
Article 9 – Value added tax will be added to the fees indicated in this Tariff in accordance with the provisions of Law number 3065.

Entry into effect
Article 10 – This Tariff will enter into effect on the date of its publication to be applicable as of 4 December 2002.


ATTORNEYSHIP FEE TARIFF

1   For court action at the preliminary stage   TL   35,000,000 
2   For lawsuits in criminal courts of peace   TL   50,000,000 
3   For lawsuits in criminal courts of first instance   TL   60,000,000 
4   For lawsuits in juvenile courts                 TL   60,000,000 
5   For lawsuits in high criminal courts                TL 115,000,000 

(*)    The present Tariff  prepared by the Union of Bar Associations of Turkey has been published in the Official Gazette issue 24950 dated 28 December 2002.

PROFESSIONAL RULES :

I – General Rules
1.  Believing in the necessity for independence of bar associations and of the Union of Bar Associations of Turkey, Turkish attorneys have resolved to accomplish the duties behooving them in this respect both individually and institutionally.
2.  The attorney retains his/her independence in his/her professional activities and avoids accepting work that could damage this independence.
3.  The attorney will conduct his/her professional activities in such a way as to ensure public faith and confidence in the profession and his/her work with complete dedication.
4.  The attorney is under the obligation to refrain from all attitudes and conduct that would blemish the respectability of the profession. The attorney is obligated to be careful about this in his/her private life, as well.
5.  The attorney must express his/her ideas in a mature and objective manner in writing and in speech. The attorney must avoid statements not related to law or statutes.
6.  The attorney's interest will be in the legal aspect of his/her litigation and defense. He/she must remain outside any hostilities engendered by the dispute between the parties concerned.
7.  The attorney must meticulously avoid all gratuitous acts intended solely to promote his/her reputation.
a)  The only announcement the attorney may publicly make is his/her change of address provided that such announcement is not in the nature of advertisement.
b)  The attorney's letterheads, calling cards, and office signs may not be of such lavish design as to bear the nature of advertisement.
c)  The attorney may have his/her address indicated in the businesses section of the telephone directory. He/she may not publish any announcement other than this using different sized letters or text in the nature of advertisement.
d) Attorneys sharing an office will exercise care to ensure that the office is not a means for publicity and that its status of a law office is not obscured.
8.  The attorney must avoid all conduct in the nature of solicitation for work.
9.  The attorney must make sure that other status and privileges he/she legally commands do not bear upon his/her professional activities.
The attorney may not take advantage of his/her title of attorney in personal disputes outside the sphere of his/her professional activities.
10.  The attorney may not enter conflicting claims for the same suit.
11.  The attorney is under the obligation to conduct himself/herself in accordance with the requisites of professional solidarity and order adopted by the Union of Bar Associations of Turkey.
12.  The attorney takes care to keep his/her office in a state becoming the dignity of the profession.
13.  An attorney who will be absent from his/her office for a prolonged period will inform his/her bar association of the name of a colleague to take care of his/her business and deal with his/her clients.
14.  Rightful excuses notwithstanding, the attorney is under the obligation to accept the duties assigned by professional organizations.
15.  The attorney will present to his/her bar association a copy of the declaration of suit when a suit has been filed against him/her in connection with his/her professional activities. The attorney is under the obligation to accept the offer of mediation made by his/her bar association in the case of legal disputes he/she is involved in.
16.  The attorney has the right to review all documentation pertaining to his/her person in the bar association at any time.

II – Relations with jurisdictional bodies and legal authorities
17.  The attorney must conduct himself/herself in compliance with the norms dictated by the nature of the profession in his/her dealings with judges and prosecutors. Mutual courtesy is the rule.
18.  The attorney may not be assigned to a legal matter he/she has addressed previously as a judge, prosecutor, arbitrator, or in any other official capacity.
19.  The attorney will exercise his/her discretion in a manner best suiting the honor of the profession in his/her dealings with relatives and other kin removed farther than the degree stipulated in the statutory provisions specifying the impediments arising from sanguinary or marital relationship with judges and prosecutors.
20.  The attorney will appear before justice in attire befitting the dignity of the profession. The premises and occasions, other than in courts, where formal attorneyship attire must be donned will be indicated in regulations to be prepared by the Union of Bar Associations of Turkey.
21.  The attorney may not leave a trial before court unless necessitated by reasons of personal or professional honor, in which case he/she must immediately notify his/her bar association.
22.  The attorney must refrain from requests that would entail the prolongation of the suit unless absolutely necessary for the defense.
23.  Concerning challenge of or complaint against judge, prosecutor, and other judiciary officers and generally in his/her writing and speech, the attorney will state the reasons required by law in a manner not exceeding the purpose.
The attorney will submit a copy of the requests made for challenge or complaint to his/her bar association.
24.  The attorney must avoid being cast under suspicion of having influenced persons to be heard later as witnesses if he/she has to learn certain facts from such persons exceptionally. The attorney may not make recommendations to the accused and may not instruct them how to testify or what to do before a judge.
25.  The attorney maintains his/her conduct in consonance with the honor and dignity of the profession in his/her dealings with personnel in clerical offices of courts, enforcement offices, and all kinds of jurisdictional authorities.

III – Solidarity and relations among colleagues
26.  No attorney may make public statements regarding his/her opinion of the professional attitude and conduct of a colleague. Complaints of this nature will be made only to bar associations.
27.  No attorney may openly pronounce his/her derogatory personal opinions of a colleague, particularly one representing the adverse party.
An attorney who undertakes a suit as principal or representative against another attorney will inform his/her bar association of the suit.
Within the context of the obligation to furnish information, this rule will also be applicable to the suits to be filed by bar associations and the Union of Bar Associations of Turkey against third parties, an by third parties against bar associations and the Union of Bar Associations of Turkey.
28.  An attorney visiting the jurisdictional area of another bar association for the first time in connection with a suit in that area spends every reasonable effort to make a courtesy call upon the president of that bar association.
29.  An attorney who receives an assignment from the president of his/her bar association due to the death of a colleague or other reasons may not reject this assignment without an acceptable excuse.
30.  Attorneys will not deny each other such assistance and convenience in procedural actions and examination of files as may be considered necessary by way of solidarity in their professional routine.
In the event that an attorney on whom a decision of trial in absence has been entered due to his/her lateness arrives before court immediately thereafter, the attorney representing the adverse party must request the cancellation or correction of that decision.
An attorney who is unable to make himself/herself present in a trial in another location due to an excuse must inform the attorney of the adverse party of such excuse in advance if the attorney of the adverse party will also be traveling from another location.
Correspondence between attorneys marked as "confidential" may not be disclosed without the consent of the originator.
31.  The attorney may not contact the adverse party unless in the person of the counsel of the adverse party.
If the adverse party does not have counsel, the attorney's contact with the adverse party will remain necessarily limited. The attorney will keep his/her client informed after every contact with the adverse party.
32.  The attorney will provide his/her colleague representing the adverse party with a copy of the declarations and important documents submitted to the court regardless of the nature and procedure of the suit.
33.  An attorney consenting to take an apprentice will exercise the necessary care and attention for the proper training of the apprentice and will make the necessary arrangements therefor.

IV – Relations with clients
34.  The attorney may advise the client of his/her legal opinion as to the possible outcome of the suit emphasizing, however, the fact that such opinion is not a guarantee.
35.  An attorney may not assume in the same suit at once the representation of two persons of whom the defense of one would be prejudicial to that of the other.
36.  An attorney rendering legal services for one of the parties to a dispute will be bound by the rule of not representing persons with conflicting interests.
37.  Attorneys are bound to professional secrecy.
a)  The attorney may also fall back on this rule in abstaining from testimony. The attorney will treat as secret the information he/she has received from potential clients for whom he/she has eventually decided not to render services.
   The attorney's commitment to professional secrecy is indefinite. Leaving the profession will not terminate such commitment.
b)     The attorney will take the necessary measures to preclude conduct in violation of the rule of professional secrecy on the part of his/her colleagues in assistance, apprentices, and employees, as well.
38.  The attorney may decline to render services without having to state a reason. The attorney may not be forced to disclose the reasons underlying such a decision.
The attorney will not agree to render services for which his/her time and competence are not adequate.
The attorney will take care to exercise his/her right to abstain from assuming and litigating a suit in a manner not prejudicial to his/her client.
39.  In the event that a client wishes to retain a second attorney in addition to the one with whom he/she had made the original contract, the second attorney must inform the first of the situation in writing before agreeing to render services.
40.  The attorney may not make statements to the media on behalf of his/her client unless absolutely necessary. Any statements thus made must not be motivated with an intention to influence the media.
41.  The attorney may not seek to benefit from a suit at the expense of his/her client by neglecting his/her duty or abusing his/her powers.
42.  The attorney may request an advance payment to offset expenses related to the work. Care will be taken to ensure that the amount requested to be advanced is not overly in excess of what is reasonably sufficient, that the expenditures made out of the advanced amount be reported to the client from time to time, and that the money remaining from the advanced amount upon completion of the work is returned to client.
43.  Money and other instruments of value received on behalf of the client will be reported and delivered to the client without delay.
If there is an account associated with the client, its status will be reported to the client in writing at appropriate intervals.
44.  The attorney will make the necessary effort to prevent any verbal assault directed against his/her colleagues by his/her client.
45.  The attorney may exercise his/her right of lien in proportion to the money owed to him/her.
46.  Work done within the framework of judicial aid will be performed with the same care as accorded to other work.
47.  An attorney intending to file suit over fee will first inform the board of directors of the bar association. The board of directors of the bar association will have the authority to render an opinion on the matter.

V – Attorneys' relations with bar associations and the Union of Bar Associations of Turkey
48.  In bar associations, the presidency and memberships in the board of directors and disciplinary board may not be combined in the same person.
In the Union of Bar Associations of Turkey, the presidency, membership in the board of directors, and chairpersonship and membership in the disciplinary board may not be combined in the same person.

VI – Entry into effect and field of implementation
49.  Bar associations may, with due attention to the provisions governing the agenda, submit new recommendations to the general assembly of the Union of Bar Associations of Turkey for the purpose of ensuring the constant evolution of the foregoing professional rules.
50.  The professional rules above have been adopted in the fourth general assembly meeting of the Union of Bar Associations of Turkey held on 8 and 9 January 1971 and decided to enter into effect on the date of their publication in the Bulletin of the Union of Bar Associations of Turkey.

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