Legal Advise & Litigation

Legal Advise & Litigation

During the legal advice and litigation process, the attorneys have the duty to provide opinions to the clients for the solution of legal problems as well as the duty to defense within the scope of the cases in the courts. In this context, it is possible to say that there are two types of advice:  written and verbal advices. The written advice process is called as opinion, and the verbal advice process is called as consultation.

During the advices, the attorneys offer any remedies to their clients in relation to legal problems and specify the advantages and disadvantages of these benefits so that they can make the right decisions. The legal advice also prevents any disputes from turning into cases and any possible unnecessary conflicts. In this respect, the legal advice task is as important as much as the cases.

The client interviews must be conducted in a professional way to get efficiency from legal advisers. Otherwise, the processes of the clients will continue adversely and as a result of the incorrect opinions, the results will appear to the extent that will betray their trust. In this context, it is very important for attorneys to comply with the codes of conduct in their advice duties as in other professional groups.

Providing the Individuals With A Legal Advice

Providing the individuals with a legal advice service is a concept that means that any damages arisen from the relationships with the individuals and legal entities or governmental legal entities in different positions are remedied through the litigation attorneys, and in this context, the advice services are obtained.

Providing the Companies With Periodic Legal Advice Services

The companies provide their many local and foreign clients, who operate in general in trade and industry sectors with any Legal Advice Services in every respect. It is possible to say that the companies may provide any legal advice services in relation to Unfair Competition, Enforcement and Bankruptcy Law, Trademark and Patent Registration Law, Recognition and Enforcement, Construction Law, Intellectual and Industrial Property, Maritime Commerce Law, Law on Commercial Papers of the Companies, International Trade Law, Debt Collection, Internet Law, Labor Law, Law of Consumer Rights, Tax Law, Finance Law, Urban Transformation and Restoration Law.

The Companies are provided with the trial attorney services as well as permanent legal advice services. The legal risk assessments maybe conducted for the client companies under legal guarantees. In case of any disputes with the companies that receive the permanent Legal Advice Services, any measures are taken by attorneys and all possible remedies are applied to ensure that the interests of the companies are maintained at the highest level.

As stated in Article 332 of the Turkish Trade Law, the joint stock companies with a capital of TL 250,000 or more and the building cooperatives with a hundred or more members must have contracted attorneys. The obligation to have an attorney can be performed by paying a fee against a self-employment receipt (e-receipt) on a monthly advice basis and by having a contracted attorney, who signed an attorney contract, or by employing an attorney in that company as an insured employee.

It is possible to say that there is the following information about the permanent advice and legal attorney services made available for the client customers: 

• To make the attorneys available as  attorneys in the cases brought for and against the companies;
• To provide any verbal and written advice services in the operations of the companies;
• To prepare and arrange all documents and contracts that the  companies are parties to;
• To participate in the meetings as a request;
• To carry out enforcement and litigation procedures to collect the receivables of companies; and
• To represent the companies before the administrative authorities in accordance with the protocol.

Types of Legal Advice

Variety of conflicts causes the legal advice service to transform a various structure.  In this context, it is possible to say that, while we provide any legal advice services, we first determine the source of the problem, and then look for a solution based on the source. The main types of legal advice and the details of these types are as follows.

Mediation

Mediation is one of the alternative dispute resolution methods established under the Turkish Law. Pursuant to the Mediation Law published on 22.06.2012, any innovations are conducted to allow the resolution of legal disputes. Pursuant to the Mediation Law No.6325, it is possible to resolve any disputes arisen from the private law that can be implemented freely through mediation including disputes with an element of foreignness.

Such services make it possible to find any remedies between the parties in accordance with their benefits and requirements without need to observe the imperative provisions, while the mediation process is carried out in the scope of our Legal advice service. Therefore, the attorneys of the parties inform and their mediation negotiation requests.

It is possible to call the fact that the impartial third party mediators help the parties in dispute to reach the solutions that they may agree upon mutually as mediation. The mediators make it possible to create agreement environments to facilitate information exchange between the parties and to apply to the mediators by determining any creative solutions. The parties are brought together on a collaborative basis without taking a mandatory decision on any matter. The mediators aim to bring the parties in dispute together upon the requests of the parties and to resolve the disputes by the negotiation techniques.

The solutions of the mediators are included in the scope of legal advice and bring the responsibilities of the attorney profession.

Any misunderstandings arisen from lack of communication can be eliminated, since the parties have the chance to express themselves freely in presence of the trained and expert mediators. Thus, the parties that understand each other well will have the opportunity to take their positions correctly in the future.

The main goal is to ensure that the parties mostly continue their relations and are peaceful and happy, since mediation is focus on the future. In this respect, mediation is of great importance for the legal advice.

In addition to the resolution of disputes, mediation also facilitates the negotiation processes. Governments also use the mediator policies as a method of informing the stakeholders. Mediation differs in terms of favorable disputes in each country. It is possible to list the disputes that mediation has resolved and we offer the legal advice services as follows.

A. Family Law Disputes 

• Prenuptial agreement;
• Divorce;
• Separation;
• Alimony;
• Disputes on financial family budgets;
• Custody and visit order;
• Elderly care;
• Sibling conflicts;
• Parental conflicts; and
• Children’s conflicts.

B. Commercial Disputes

• Tenant / landlord;
• Contracts;
• Collection of receivables;
• Medical bad practices;
• Damage and loss situations; and
• Partnerships

C. Other Disputes

• Conflict situations in schools;
• Disputes with non-profit organizations;
• Violence prevention situations; and
• Victim-Offender Mediation.

Compulsory mediation, that is, the concept of mediation as a cause of action, entered into Turkish law pursuant to the Labor Courts Law No.7036. As foreseen in this regulation, the cause of action is to apply for mediation in cases filed upon the claims of employee or employer receivables and compensation and reemployment based on the law, individual or collective labor agreement. Furthermore, pursuant to the Law numbered 7251 and dated of 28.07.2020, which entered into force on 28.07.2020, the mediation institution must be applied for the cases that will be heard before the Consumer Courts pursuant to the Civil Procedure Law and, became obligatory to apply to. Pursuant to the article 5/A added to the Turkish Trade Law No.6102 (“TTL”), it is accepted as a cause of action that a mediator has been filed before filing a case on claims of receivable and compensation from commercial cases, the subject of which is the payment of a certain amount of money.

Based on the services provided by us as the case attorneys, it is possible to say that: The fields of activity of mediation vary and expand day by day. Mediation applications may be made to the mediation offices located in the Palace of Justice, where the residence addresses or workplaces of the counter parties are located.

Mediation is only one of the methods used to resolve any disputes. The fact that the mediation is cost-effective and has a flexible structure also distinguishes it from contentious ways as well as the processes are conducted secretly.

There are any disputes between the parties even if they are not suitable from time to time for mediation. In the scope of our legal advice service, we can say that the mediation has also the following alternative ways to respond to any different requirements:

• Impartial preliminary assessment;
• Arbitration;
• Shuttle Diplomacy;
• Case; and
• Compromise.

It is not possible that everyone may conduct the mediation activities. It is necessary to have the necessary legal conditions to be able to mediate.  Mediation conditions are: to be a citizen of the Republic of Turkey, to be graduated from the Faculty of Law, to taking the necessary exams and obtain a certificate of achievement, to have an annual seniority in the profession for at least five years, not to commit a crime deliberately, and to have completed a mediation training.

Successful results have been achieved as a result of the inclusion of mediation in the legal process as a cause of action of disputes under both Trade Law and Labor Law. These successes increase day by day. However, it is thought that success will be achieved as a cause of action within the framework of the above-mentioned principles of mediation in any disputes arisen from the Consumer Law.

Also pursuant to HUAK, it is thought that most legal disputes may be resolved freely by applying to a mediation.

Case Attorney

The case attorneys are the attorneys, who step in if any of your disputes or problems cannot be resolved through the legal advice and make it possible to seek your rights through the litigation.

Enforcement Attorney

In the context of our legal advice service, it is possible to make the following definition: Enforcement attorney includes provision of the case attorney and legal advice services in the enforcement proceedings. With the advice services that the clients receive in the legal field, only experts, who have worked in the field of enforcement law, contact the debtors and endeavor to pay the debts in order to realize the debt collection quickly. Loan agreements are followed, confiscated goods and mortgaged sales are made, and the pledge is converted into money quickly.  Furthermore, this also contains collection of the commercial papers and issue of the negotiable instruments such as bills, checks and policies. It also contains the bill collection and invoice collection procedures. The enforcement proceedings are divided into two in terms of their type and contents as follows: enforcement proceedings with and without a judgment. If an application is made directly to the enforcement offices, this is called as an enforcement proceeding without a judgment. 

The professional obligations of these services are as follows:

• To conduct  any  agreements with the debtors and to collect the receivable;
• To  collect  the  receivables in line with the negotiations made with the debtor party, or to begin any enforcement proceedings before  the Enforcement Office;
• To defend the rights of the judicial and real entities as a case  attorney until the end of the case;
• To carry out the sales procedures by confiscating the debtors’ assets;
• To convert the pledges and mortgages into money;
• To follow up any receivables arisen from the financial leasing and loan agreements;
• To file and follow  the bad check cases;
• To initiate and follow the objection process against debt and malicious execution cases; and
• To initiate the foreclosure procedures and to ensure communication between the client and the parties during the collection process.

Furthermore, pursuant to the Enforcement and Bankruptcy Law, the following up of the bills of exchange through foreclosure and the evacuation of all rented real properties by execution without a judgment can also be arranged.

In order to apply for the foreclosure proceeding, which is specific to bills of exchange, the receivable must be bound to the bills of exchange (policies, cheques, bonds and promissory notes) and the relevant legal advice must be obtained. It is of great importance to conduct research for the professional legal advices.