Legal Representation and Advocacy Services for Foreigners in Turkey

Foreign real and legal persons can benefit from advocacy and legal consultancy services in legal disputes they encounter in Turkey. Being a foreigner; It does not alone prevent applying to the court, filing a lawsuit, making a defense or being represented by a lawyer. In connection with this topic Foreigners Law You can also review the content titled.

Since Turkish legislation will be applied in legal proceedings in Turkey, it is important that the process is followed by a lawyer registered with a bar association in Turkey. The foreigner can carry out many transactions through his lawyer through a properly issued power of attorney without coming to Turkey. Also Rights of Foreigners Who Became Illegal in Turkey should be evaluated together with the concrete case.

Can Foreigners Hire a Lawyer in Turkey?

Yes. Foreign persons can choose a lawyer in Turkey regardless of their citizenship or residence status. Lawyer; He can give legal opinion to his client, prepare contracts, apply to official institutions and follow court or enforcement files.

Legal representation before Turkish courts and official institutions must be carried out by a lawyer registered with a bar association in Turkey. A lawyer working in a foreign country does not have the authority to pursue a lawsuit in Turkey just because he is a lawyer in his own country.

Which Transactions Can the Lawyer Follow?

How to Issue a Power of Attorney for Foreigners?

In most cases, a power of attorney is required for the lawyer to file a lawsuit, make title deed transactions or follow transactions in official institutions on behalf of his client.

A foreigner in Turkey can issue a power of attorney at the notary public with his passport and necessary identity documents. A person who does not speak Turkish may need to have a sworn translator in the notary process.

Foreigners outside Turkey can use one of two basic methods:

• To issue a direct power of attorney at the Turkish consulate,
• To prepare documents at the notary public in the country where they are located, to complete the necessary apostille or certification procedures and to have the Turkish translation of the document prepared.

Transactions such as title deed sales, donations, divorces, inheritance, transfer of company shares and citizenship may require special authorization. For this reason, the lawyer should be informed of the actions to be taken before the text of the power of attorney is issued.

Does the Power of Attorney Transfer All the Powers of the Foreigner?

The lawyer can only act within the scope of the powers granted to him in the power of attorney and the law. Granting a power of attorney does not transfer the ownership of the immovable property or other assets to the lawyer.

The client can terminate the power of attorney through a notary public in Turkey or with a dismissal letter to be issued at the Turkish consulate abroad. However, in ongoing lawsuits and transactions, the dismissal notice must be delivered to the relevant institutions.

Protection of Attorney's Secrets and Personal Information

The lawyer is obliged to keep confidential the information he learns due to his professional duty. As a rule, the client's identity information, trade secrets, family relations, criminal file and immigration status cannot be shared with third parties.

The foreign client must explain his/her legal problem to his/her lawyer accurately and completely. Providing incomplete information or withholding an important document may lead to incorrect determination of the legal strategy to be implemented.

Rights of Foreigners Who Do Not Speak Turkish

Foreigners who do not speak Turkish can benefit from interpreter support during legal proceedings. Especially in criminal investigations and prosecutions, the statements of the suspect, defendant, victim or witness should be taken in a language they can understand.

A reliable interpreter can also be used in the meeting between the lawyer and the client. However, it is important that the interpreter is independent and respects the confidentiality of the information learned during the interview.

Sworn translation, notarization, apostille, or consular certification may be required for court decisions, birth certificates, marriage records, trade registry documents, and powers of attorney issued in a foreign language.

Foreigners' Right to a Lawyer in Criminal Cases

A foreigner who is under suspicion of a crime in Turkey can benefit from the help of a lawyer from the first stage of the investigation. A private lawyer can be selected in detention, statement, interrogation, arrest and criminal case processes.

A suspect or defendant who does not have the financial means to choose a lawyer may request the appointment of a defense attorney free of charge. In cases where compulsory defense is stipulated in the law, a lawyer can be appointed even if the foreigner does not request.

In criminal proceedings, foreigners are evaluated equally with Turkish citizens in terms of legal aid and interpreter services.

Can Foreigners Benefit from Legal Aid?

Foreigners who do not have financial means can apply for legal aid to the bar association or court if they meet the conditions. Legal aid can provide free use of legal services and temporary exemption from some litigation expenses.

In civil and administrative cases, the foreigner's citizenship, residence status in Turkey, financial conditions and international agreements between Turkey and the country of citizenship can be taken into account.

What Should a Foreign Client Pay Attention to When Choosing a Lawyer?

• It must be verified whether the lawyer is registered with a bar association in Turkey.
• The works to be followed should be determined in writing.
• A written contract must be made for attorney fees and litigation costs.
• People who give guarantees about the file should be avoided.
• Receipts or bank records must be obtained for official payments.
• The language and information method to communicate with the lawyer should be determined.
• Submission of passports and original documents must be made with a written report.

No lawyer can guarantee a final result for citizenship, residence permit, deportation case or any other judicial process. The obligation of the lawyer is to follow the legal process diligently and to inform the client realistically. About the relevant aspect of the process Legal Remedies for Foreigners Whose Residence Permit Has Been Rejected There is detailed information on the page.

Attorney's Fees and Other Costs

Attorney's fee; It is determined according to the type of transaction, the scope of the file, the applications to be made and the duration of the representation. It should be clearly written in the fee agreement which services are included in the scope.

Apart from the attorney's fee, court fees, experts, translation, notary, apostille, mail, transportation and official document expenses may arise. It should be decided in advance by whom and by what method these costs will be covered.

Can a Foreigner Take Legal Action Without Coming to Turkey?

Many lawsuits, title deeds, companies, inheritance and administrative application transactions can be carried out through power of attorney. However, the foreigner may be required to be present in person during testimony, personal interview, biometric data recording, marriage or some immigration procedures.

The fact that the lawyer can take action does not mean that the foreigner will not have to come to Turkey at any stage. Whether or not in-person attendance is required is determined by the nature of the concrete transaction.

Frequently Asked Questions

Can foreigners file a lawsuit in Turkey?

Yes. Foreign real and legal persons can file lawsuits, be defendants and be represented by a lawyer in Turkish courts.

Does a foreigner need a residence permit to hire a lawyer in Turkey?

There is no requirement to have a residence permit to hire a lawyer or give a power of attorney in Turkey. Residence Permit Extension Procedures for Foreigners in Turkey its content explains other legal points related to this stage.

Can a power of attorney be given to a Turkish lawyer from abroad?

Yes. A power of attorney can be issued at the Turkish consulate or at the local notary public by completing the necessary apostille, certification and translation procedures.

Can a foreign lawyer pursue a case in Turkey?

Advocacy and litigation proceedings before Turkish courts must be carried out by a lawyer registered with a bar association in Turkey.

Is the information shared with the lawyer confidential?

Yes. The lawyer is obliged not to disclose the information he has learned due to his professional duty.

Can a foreigner who does not have a financial situation ask for a free lawyer?

Foreigners who meet the conditions can request legal aid or the appointment of a free lawyer in criminal, civil and administrative judicial processes.

Legal information: This content has been prepared for general information purposes. Power of attorney, legal aid, guarantee and representation conditions; It may vary depending on the type of transaction, the foreigner's citizenship and applicable international agreements. Before the concrete transaction, a personal and file-specific legal evaluation should be made.