This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Avukata Vekâletname Nasıl Verilir? Türleri ve Özel Yetkiler.
A power of attorney for a lawyer is issued by a notary, and the lawyer does not need to be present. You attend with your identity document and give the lawyer's name, bar registration number and tax number. Some matters — divorce in particular — require a power of attorney bearing a photograph, and some require express authority written into the document.
The first step in instructing a lawyer is the power of attorney: the official document, drawn up before a notary, that gives the lawyer authority to represent you.
Its scope draws the boundary of what the lawyer can do on your behalf. A power of attorney drawn too narrowly means having to issue a new one in the middle of proceedings, and losing time.
Where Is It Issued?
Any notary may draw it up; the notary need not be in the same province as your lawyer. A power of attorney issued anywhere in Turkey is valid throughout the country.
What to take to the notary:
- a photographic identity document (identity card, passport or driving licence)
- the lawyer's identity and bar registration details and office address
- passport-size photographs, where required
Your lawyer will tell you in advance what the document should say and which express authorities it must contain. Attending with that information is the most practical course.
If you are abroad, the power of attorney can be issued by a Turkish consulate in the country where you are.
When Is a Photograph Required?
Some matters require the grantor's photograph to be affixed. This is required above all in divorce proceedings and in family law cases generally.
A photograph may also be required for certain steps in criminal proceedings. Taking a few passport-size photographs to the notary saves a second visit.
The safest course is to ask your lawyer in advance which form is needed; it varies with the type of case.
General or Special?
A general power of attorney gives a wide framework of authority and can be used for more than one matter. A special power of attorney is drawn up for a single case or transaction.
Which to prefer depends on the work. A special power is enough for a single case; a general one is more practical for a continuing relationship.
Which Steps Require Express Authority?
The law requires that authority be expressly given for certain steps with serious consequences. General authority does not suffice. The principal ones are:
- waiving the claim or the right of appeal
- admitting the other party's claim
- settling
- resorting to alternative dispute resolution
- applying to have a judge recused
- tendering, accepting or referring back the oath
- amending the pleadings
- giving the other party a release
- lifting an attachment
- applying for composition with creditors or for bankruptcy
- making an arbitration agreement or appointing an arbitrator
In disputes subject to compulsory mediation, the lawyer also needs the relevant authority in the power of attorney to sign a settlement on your behalf. Without it, the document cannot be signed even if agreement is reached at the meeting.
| Step | Why express authority is required |
|---|---|
| Waiver of the claim; admission of the claim | It gives up the substance of the right |
| Settlement and release | It ends the dispute definitively |
| Tendering, accepting or refusing the oath | It is decisive within the system of proof |
| Arbitration agreements | It changes the forum |
| Composition with creditors and bankruptcy | It affects the whole of the estate |
| Alternative dispute resolution | It produces a binding result |
| Bringing divorce proceedings | The right is strictly personal to its holder |
A general power of attorney does not cover these steps. Without the authority, a step taken may be invalid — so ask your lawyer what the document will be used for before it is issued.
How Does the Relationship End?
In one of two ways.
Revocation. A client may revoke their lawyer's authority at any time, by a deed of revocation drawn up before a notary and notified to the court or enforcement office concerned. Whether the lawyer is entitled to a fee for the work done up to that point depends on whether the revocation was justified.
Withdrawal. A lawyer may also withdraw. Under the Attorneys Act, a lawyer who withdraws must continue to act for fifteen days so that the client does not lose any right.
In both cases the periods in the file keep running. If you are instructing a new lawyer, a fresh power of attorney should be issued without delay.
Common Mistakes
- Missing express authority. A power of attorney without authority to settle or to waive forces a fresh document at the critical moment.
- No photograph. A power of attorney without a photograph may not be accepted in divorce proceedings, delaying the filing.
- Errors in the identity details. A single wrong letter in a name or identity number makes the document unusable.
- Not notifying a revocation. If the deed of revocation is not filed, the former lawyer's authority continues and notifications go to them.
A power of attorney confers authority to represent you, nothing more. Which case is brought, when, and what is claimed are decided separately. Before it is issued, expect your lawyer to explain the process and the likely cost.