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ATTORNEYSHIP EXAMINATION REGULATIONS OF THE UNION OF BAR ASSOCIATIONS OF TURKEY

Started by admin, April 17, 2007, 04:10:17 PM

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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