This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Avukat Tutmak Zorunlu mu? Ne Zaman Hukuki Yardım Alınmalı?.
In Turkish civil and administrative proceedings a party may act in person; there is no general requirement to be represented by a lawyer. The compulsory cases are in criminal proceedings, where the law requires mandatory defence counsel — for children, for people who cannot defend themselves, and for offences carrying more than five years' imprisonment at the lower limit. That said, acting without a lawyer carries real risks, because most cases are lost on procedure rather than on the merits.
“Do I have to instruct a lawyer?” is one of the first questions people ask when a legal problem arises. Even where it is not compulsory, taking legal assistance from the outset is the most effective way of avoiding the loss of rights.
Where Is Counsel Compulsory?
The cases in which the law requires that a person be represented are found in criminal procedure:
- Offences carrying more than five years' imprisonment. Under Article 150 of the Criminal Procedure Code, where the offence carries more than five years at its lower limit, defence counsel is assigned without any request being needed. In practice this covers proceedings before the assize court.
- Children and those who cannot defend themselves. Where the suspect or accused is a child, or is unable to defend themselves because of disability, counsel is assigned without a request.
- On request, where the person cannot afford counsel. A suspect or accused who states that they are not in a position to appoint counsel has one assigned on request.
- Detention proceedings. A person brought before a judge for detention has the assistance of counsel at the questioning.
“Where the suspect or accused declares that they are not in a position to appoint defence counsel, counsel shall be assigned on their request.” — Criminal Procedure Code (Law no. 5271), Article 150
What Can You Do Yourself?
Outside those cases, a party may conduct proceedings in person — including bringing an action, filing an appeal to the regional court of appeal, and appealing on a point of law. There is no rule that a pleading filed without a lawyer is rejected on procedural grounds.
- Civil court of peace. Tenancy disputes and simple monetary claims may be brought in person.
- Consumer arbitration committee. Consumer disputes below the statutory threshold are brought by the consumer directly.
- Enforcement offices. No lawyer is required to start enforcement proceedings or to object — though the process is technical.
- Mediation meetings. Parties may attend compulsory mediation in employment and commercial disputes without a lawyer.
- Administrative courts. An action for annulment may be brought in person.
Being able to act in person is not the same as it being wise to do so. The risks are set out below.
Legal Aid: Who Qualifies?
People without sufficient means can obtain a lawyer free of charge through the legal aid scheme. Legal aid is administered by the bar associations under Articles 176 to 182 of the Attorneys Act (Law no. 1136) and the Legal Aid Regulation.
The conditions are broadly:
- that monthly income is insufficient to meet the cost of proceedings
- that the applicant's assets are documented as insufficient
- that the application is made to the legal aid office of the relevant bar association
- that the bar association is satisfied the claim is not manifestly unfounded
Separately from the bar's scheme, legal aid may also be sought from the court itself under Articles 334 and following of the Code of Civil Procedure; that exempts the applicant from court fees and expense advances.
In Sakarya, an application may be made to the legal aid office of the Sakarya Bar Association. Documents evidencing your means and your claim will be requested.
Free and Low-Cost Sources of Help
- Bar association advice centres. Many bar associations offer short free consultations.
- The consumer helpline. Free telephone advice on consumer problems.
- The e-government portal and the Ministry of Justice systems. Case enquiries and service tracking can be carried out through the national judiciary portal.
- University law clinics. Some law faculties run clinics offering free advice.
The Risks of Acting Without a Lawyer
Although it is possible, acting in person carries serious risks:
- Dismissal on procedural grounds because of defects in the pleadings
- Missing limitation and forfeiture periods
- Losing a case because the evidence was not put forward correctly — and, once the preliminary examination is over, being unable to add to the claim or the defence
- Being unable to answer the technical arguments of the other side's lawyer
- Failing to appreciate that the final periods set by the court are peremptory
Even a single consultation before bringing proceedings is worth a great deal: it lets you assess the risks and understand how the process will run.
Legal Fees: Free or Fixed by Scale?
Fees are freely agreed in Turkey, but the minimum scale of fees published by the Union of Turkish Bar Associations sets a statutory floor. A lawyer may not charge below the scale, though a higher fee may be agreed.
For transparency, ask your lawyer for a written engagement or fee agreement before work begins. Fixed fees, hourly rates and success-based elements are all possible.
Working with a Lawyer
- Bring all the documents relating to your case to the first meeting.
- Set the facts out chronologically and in full; small details can be decisive.
- Ask to be kept informed of progress at regular intervals.
- Discuss the scope of authority when granting a power of attorney.
- Agree at the outset how you will communicate and how quickly you can expect a reply.