istanbul Lawyer

istanbul lawyer

The person who solves the legal problems of people living in Istanbul is called an istanbul lawyer. Foreigners living in Istanbul face various legal situations. For his legal affairs, sometimes he can solve them himself, and sometimes he works with an acquaintance who has some experience. However, those who want to manage the process with someone who has been trained for legal work prefer to work with an istanbul lawyer.

An istanbul lawyer is a person who has received training for many legal transactions. There are many legal branches among their duties. As Kalem law office, it would not be wrong for us to be called istanbul lawyer among the public.

Let's examine together which areas Istanbul lawyers will provide legal services in.

 

 

Wherever there is a large number of people and a concentration of commercial business, law is always a need. Considering the busy commercial life of istanbul and the number of crowded people, it will be understood how necessary an istanbul lawyer is.

Let's examine together which areas istanbul lawyers will provide legal services in.

1.Legal assistance of an istanbul lawyer within the Scope of Company  Law

An istanbul lawyer is definitely needed one day for people who own a company or for anyone who wants to set up a company. The reason we express it in this way is due to the structure of corporate law.

More than one type of company is required under company law. Different legal regulations have been made for each type of company.  For foreigners, there are also different transactions that must be carried out within the scope of company law. The istanbul lawyer, on the other hand,has to do his research for every legal situation encountered within the scope of the laws. Because not every legal situation is the same. Most of the time, everyone has a different legal situation.

 

 

When an istanbul lawyer is to be examined in general under company  law, he is called a person who continues to provide consultancy services in a way against legal problems that may arise in the business life of companies and represents companies in disputes that are included as the subject of the trial.

 

What Services Does an istanbul lawyer Provide Within the Scope of Company Law?

Services that istanbul  lawyer provide within the scope of company law  can be summarized as follows:

• • Following up the necessary transactions together with the arrangement of the contracts, which are mainly determined during the establishment process of the company

 

• • Answering all kinds of legal questions of authorized persons within the scope of the Company

 

• • Editing and making changes to the drafts prepared for the contract

 

• • Taking part in contract negotiations at the necessary moments

 

• • To provide the necessary information about the legal disputes that may arise in relation to the scope of preventive law

 

 

 

• • The stages of editing the minutes of the general assembly meeting together with the board of directors of the company

 

• • In addition to the company's internal directive, the organization chart's editing stages

 

• • Stages of arrangement of the necessary contracts for mergers and acquisitions of companies

 

• • Providing the necessary answers for salary foreclosure cases

 

• • Stages of opening cases for cancellation along with making the necessary appeals against tax penalties that occur illegally

 

• • Participation in negotiations that are necessary, such as mediation or reconciliation

 

• • Providing attorney services in all kinds of cases in which the company participates as a party

 

• • Situations such as the occurrence of transactions necessary for the collection of receivables along with the initiation stages of execution follow-ups

 

Detailed information about the items mentioned above can be asked to the istanbul lawyer.

2)Legal Advice with an istanbul Lawyer

When companies are to be examined in general terms, if they always work regularly together with istanbul lawyer for legal consultancy, they are expected to get ahead of competitors. The istanbul lawyer, who has previously experienced the possible legal disputes that the company may encounter, provides companies with a good legal protection.

istanbul lawyer, the company he advises is expected to respond faster every day in the sector. Because he will gain experience about the sector he is advising regularly.

In the event of steps such as a legal consultancy agreement with an istanbul lawyer, all the necessary services mentioned above continue to be provided for a fixed monthly fee through an agreed law firm. Making an agreement with lawyers separately for all the services mentioned and deemed necessary will be financially too much for the companies. However, if the company makes an agreement with an istanbul lawyer, the legal consultancy fee will be reduced.

The most important topic where knowledge and experience should be at the maximum level is Corporate Law. As an Istanbul lawyer, you can contact our law office to get more general and detailed information about Commercial Law.

Istanbul lawyer duties in the field of legal consultancy; in all kinds of legal disputes faced by real and legal persons in real life or violations of the law they are exposed to; providing accurate information about the analysis, detection and diagnosis of an incident or situation, possible results and alternative solutions, as well as measures to be taken, performing the necessary legal actions for this purpose are called services offered by a lawyer who is an expert, knowledgeable, experienced and has practical knowledge.

In daily life, both natural persons and legal entities may encounter legal problems for various reasons. Failure to provide timely and correct solutions to these problems causes the problems to become impossible. For these reasons, it is extremely important to get services from legal consultants and istanbul lawyers who are experts in their field in order to find effective and correct solutions in the event of a legal problem.

 

Istanbul lawyer, In the legal consulting service, his clients are informed of all positive and negative results that may be encountered in solving the problem related to his legal problem. Services that can be offered to consultants in legal consulting;

 

• If the real or legal person receiving the consultancy service wants to file a lawsuit for the solution of his legal problem; what can be claimed in the case to be filed,
• Whether the information and documents in the client's possession regarding the legal problem are sufficient or whether there is evidence in accordance with the law,
• If the clients have filed the case themselves, the course of the case, what may happen in the case process, how to act,
• If a lawsuit or enforcement proceeding has been filed against the client; the rights of the client, the answers to the case or proceeding,
• If the clients want information about legal texts such as contracts, notices, payment orders, court decisions, the analysis of these documents and all kinds of legal questions related to this,

 

What is the Legal Consultancy Service Fee?

Istanbul lawyers providing legal consultancy services are required to charge a fee not lower than the minimum amount in accordance with the minimum wage schedule in return for the consultancy fee they have provided. Legal advice cannot be provided free of charge. The minimum wage schedule for lawyers is published every year by the Union of Bar Associations of Turkey and a lower limit is drawn on the fee that can be requested in legal consultancy services. All lawyers, including the Istanbul lawyer, are bound by this tariff and lawyers cannot charge a price below the fees stipulated in this tariff for the work they do. The fee that can be taken for legal consultancy services is set in the lawyer minimum wage tariff published annually by the TBB. According to the TBB Minimum Wage Tariff published in the Official Gazette on September 3, 2022 for the year 2022;

1. The minimum fee for receiving oral counseling services at the office is 1.200,00 TL up to the first 1 hour. This fee increases by 700.00 TL for each hour following the first 1 hour.
2. The minimum amount of receiving oral counseling services at a place where a lawyer goes on call is 2.500,00 TL. This fee is increased as TL 1,300.00 for each hour following the first hour.
3. The minimum amount of receiving written consultancy services from a lawyer is 2.500,00 TL up to the first 1 hour. For each subsequent hour, an increase of 1.200,00 TL is made.
4. The minimum wage to be paid in the case of writing all kinds of petitions, notices, warnings and organizing protests is 1.900,00 TL.
5. The minimum amount of rent and similar contracts to be prepared by the lawyer is 2.300,00 TL.
6. The minimum amount to be paid for the preparation of statutes, regulations, inheritance contracts, wills, foundation deeds and similar documents by a lawyer is 10.000,00 TL.
7. The minimum wage for the preparation of contracts related to commercial affairs such as articles of association of the company, transfer and merger of companies and the like by a lawyer is 6.000,00 TL.

 

3) Real Estate Law with Istanbul Lawyer

Another service provided by an Istanbul lawyer is the legal assistance provided within the scope of real estate law. Real estate law includes many legal situations. Let's start by giving the definition of real estate.

Although it has economic value, things that cannot be moved from one place to another by their nature are called real estate. Independent and continuous rights recorded on a separate page in the land title register, independent sections registered in the register of condominiums are considered immovable.

Real estate law, on the other hand, is the branch of law within the scope of property law, which is a sub-branch of civil law. The basis of real estate law is the right to property and this branch of law covers the legal transactions carried out on immovables. In general, all important cases arising from property rights such as expropriation, izale-i şüyu, şufa, title deed cancellation arising from inheritance law, title deed cancellation and registration, immovable purchase-sale, rent determination, urban transformation, establishment and protection of in-kind rights related to immovables are related to real estate law. The Istanbul lawyer provides legal services to people with these cases.

 A question to the Istanbul lawyer in the form of "HOW LONG DO REAL ESTATE CASES LAST"?

The Istanbul lawyer will answer this question as follows." Although it is difficult to give a clear answer to this question, the duration of the conclusion of the cases may vary according to the types. For example, approximately 300 days in eviction cases, 700 days in title deed cancellation and registration cases, and 300 days in ecrimisil and eviction cases filed in the Administrative Court can be concluded."

 

WHAT SHOULD  PAY ATTENTION TO WHEN CHOOSING AN ISTANBUL LAWYER AND REAL ESTATE LAWYER?

Since the resolution of disputes in the field of real estate law requires attention and care, Istanbul lawyers and real estate lawyers who will carry out such cases should be experts in the field of real estate. For this reason, with the lawyer service we provide, we take into account the rights of individuals and institutions and solve them meticulously and do our best to ensure that the cases are concluded positively in a short time.

ISTANBU REAL ESTATE LAWYERS FEES

According to the Attorney Minimum Wage Schedule and the contracts concluded between the lawyer and the client, the Istanbul lawyer requires a reasonable fee.

IS REPRESENTATION WITH A LAWYER OBLIGATORY IN REAL ESTATE CASES?

There is no obligation to represent with a lawyer in civil cases. In the case of representation with a lawyer, the follow-up of the files is carried out by expert lawyers.

 

4-) Criminal Law with Istanbul Lawyer

The services provided by the Istanbul Lawyer within the scope of criminal law are of great importance. In social life, the state ensures internal peace and tranquility with the rules of law it sets. The purpose of all rules of law is to maintain social order. As in other branches of law, Criminal Law serves this purpose with its own tools.  Criminal Law differs from other branches of law in terms of the tools it uses and the sanctions it applies in order to ensure internal peace and social order.

For this reason, it is one of the most sensitive legal disciplines in the Turkish legal system and the care and attention that should be shown while working in this field should be different from many other legal disciplines. As a word, there are sanctions that bind the freedom of the person in criminal law, and in this respect, criminal law is unique in this field in our legal system. It is precisely for this reason that the processes related to criminal law should be followed with an expert Istanbul lawyer.

Otherwise, the last regret will not be useful and very serious rights deprivations may be faced. We, as Istanbul lawyers, do our best to defend our clients in the best way in this field and to protect their rights, to proceed with the correct trial and to prevent any prejudice to our clients' freedoms as a result.

Why is it  Important to be Represented by Istanbul Lawyers in Criminal Cases?

 Another important proof of the importance of being represented by an Istanbul lawyer in criminal law is that clients feel under serious pressure in criminal law. Because many people are excited because they are worried that they will be deprived of their liberty and do not know the scope of criminal sanctions, both during the testimony and investigation phase and in front of the judge in court, and they cannot express themselves in a healthy way.

However, an effective and strong defense is the building block of criminal law. Being a graduate of a profession is not enough to do that job well enough. For this very reason, it is extremely important to work with an Istanbul lawyer  who is specialized in criminal law.

It is important to note that many lawyers today give hope to their clients for things that they cannot accomplish or influence. However, these promises should not be respected. Because an Istanbul lawyer who is an expert in his field; Instead of giving promises and guarantees to people, he strives to do his duty as a lawyer in the best way within the framework of the law and to defend his client in the best way.

 

Which cases do criminal lawyers and Istanbul lawyers  handle?

Criminal lawyer and Istanbul lawyer defend the rights of the accused or the victim in the works and transactions that arise as a result of acts contrary to the rules regulated within the framework of the laws. The lawyer is not a party to the case. It is only the person who performs his duty within the framework of the law in order to ensure that the trial is carried out correctly for his client and that he does not suffer any loss of rights.  Istanbul lawyer and criminal lawyers; The investigation deals with all cases heard in the Criminal Magistrate's Office, the Criminal Court of First Instance, the Heavy Penal Court, the Juvenile Criminal Court and the Juvenile Heavy Penal Court.

What should I pay attention to when choosing a criminal lawyer and an Istanbul lawyer?

Istanbul Lawyer and Criminal Lawyer are distinguished from other branches of law due to the fact that they have sanctions that restrict the freedom of individuals and require special sensitivity. As a matter of fact, this area is an irreparable area that will not accept even the slightest carelessness and error.

Are you only looking at cases in Istanbul?

Each lawyer is registered with the bar association of the province in which he works. However, this does not prevent lawyers from handling cases in different cities. As Istanbul lawyers, we also provide services in cities other than Istanbul with our lawyers who are experts in the field of criminal law.

Is it necessary to hire a lawyer in criminal cases?

In the Turkish Legal System, it is not obligatory for people to represent themselves with a lawyer. However, due to the fact that the criminal law contains sanctions that restrict the freedom of individuals, the Criminal Procedure Code has introduced the obligation to hire a lawyer for disadvantaged persons who will have difficulty in expressing themselves and for some crimes.

Accordingly,

1. In the event that the suspect or accused is placed under observation,
2. During the interrogation of the suspect at the Criminal Magistrate's Office after his arrest,
3. When an arrest is requested for the suspect or the accused,
4. In requesting an extension of the detention period of the suspect or accused,
5. The suspect or accused is not over 18 years of age,
6. If the suspect or accused is so disabled that he is unable to defend himself
7. If the suspect or accused is deaf and dumb,
8. If the suspect or accused has committed an offence for which the minimum limit is more than 5 years in prison,
9. In cases where a trial can be held against the fugitive accused,
10. In cases where the defendant who disturbs the order of the hearing is removed from the hearing, it is obligatory to be represented by a lawyer.

 

5-) Istanbul Lawyer and Health Law

 

Malpractice law is a field that encompasses legal regulations regarding compensation claims of patients who have been harmed as a result of medical errors or negligence. Malpractice lawsuits are usually filed to compensate for damages caused by professional errors or negligence of physicians.  Istanbul Lawyer, on the other hand, helps in this process without protecting the legal rights of the people who are harmed.

The Turkish Medical Association Law and the Turkish Penal Code contain important legal regulations in the field of malpractice law. In particular, the Turkish Penal Code contains provisions regarding the criminal liability of physicians if they cause consequences such as death or injury as a result of their abuse or neglect of their profession.

In malpractice cases, the party claiming compensation must prove that the damage occurred as a result of the physician's error or negligence. It is also common practice for physicians to obtain professional insurance in relation to such cases.

Malpractice cases in Turkey are an important area of law whose judicial processes can be quite complex. For this reason, it is important that patients who encounter such situations receive support from expert lawyers and Istanbul lawyers and medical consultants.

 

 

What Services Does Istanbul Lawyer Provide in the Field of Health Law?

 

 

• Istanbul lawyers provide legal consultancy, legal support and representation services in the health sector by following the legal regulations related to health services in the field of health law. The areas where we provide consultancy, mediation and advocacy services in the field of health law are as follows;

 

• • Providing consulting services on health care law: Health law lawyers provide consulting services to their clients on health care law. These services may include regulations of medical devices, medicines and other medical products, legal problems in the provision of health services, legal protection for healthcare professionals and legal compliance of medical practices.
  • Ensuring the legal compliance of institutions and organizations providing health services: Health law lawyers and Istanbul lawyers perform the necessary legal procedures to ensure the legal compliance of institutions and organizations providing health services. These procedures may include obtaining the necessary licenses and permits for health institutions, keeping medical records in accordance with the law, legal protection of health workers and solving legal problems in the provision of health services.
  • Providing legal support in medical malpractice cases: Health law lawyers and Istanbul lawyers provide legal support to their clients in medical malpractice cases. These services may include the detection of medical errors, the examination of medical records, and the execution of necessary legal actions to protect the rights of clients in the judicial process of litigation.
  • Protecting patients' rights: Health law lawyers and Istanbul lawyers carry out the necessary legal procedures to protect patients' rights. These procedures may include the confidentiality of patients' medical records, patients' rights of access to treatment, lawful use of health insurance, and patient consent to medical interventions.
• All of these processes enable health law lawyers to play an important role in the healthcare industry and ensure that health services are provided in accordance with the law and fairly.

Malpractice Cases and Istanbul Lawyer

Another area where Istanbul Lawyer provides services is malpractice cases. Malpractice cases are considered under health law. Malpractice is a lawsuit for damages caused by a health worker making a mistake in the treatment or intervention he / she applies to his patient. Malpractice lawsuits are complex and long-term legal processes that can have significant consequences for both the patient and the health professional. In this process, managing the process with an Istanbul lawyer will be the healthiest choice.

Malpractice lawsuits in Turkey can generally be filed in two different ways:

1. Criminal case: In malpractice cases, such as the death of the patient or a serious injury, a criminal case can be opened by the prosecutor's office. In this case, it is aimed to impose punishment on the health worker.
2. Compensation case: In malpractice cases, the compensation case opened as a result of the damage to the patient is opened for the health worker to compensate the damage. In this case, a lawsuit is filed against the health worker alleging that the patient has been harmed.

Malpractice lawsuits are delicate legal processes with significant consequences for both patients and healthcare professionals. Therefore, it is important for parties to work with expert lawyers and istanbul lawyers  to protect their legal rights.

 

 

When Does Malpractice Liability Occur?

 

 

Malpractice liability in Turkey arises when health care providers cause harm to patients as a result of their mistakes or negligence. Malpractice liability usually covers health care professionals such as doctors, dentists, nurses, midwives, pharmacists.

Malpractice liability can occur in the following situations:

1. Misdiagnosis: Malpractice liability may arise when healthcare providers cause harm to patients as a result of misdiagnosis.
2. Faulty intervention: Malpractice liability may arise if health care providers harm patients as a result of incorrect intervention.
3. Inadequate treatment: Malpractice liability may arise when health care providers cause harm to patients as a result of inadequate treatment of patients.
4. Negligence: Malpractice liability may arise if health care providers harm patients as a result of not giving them the necessary attention.

 Conditions Required for Filing a Lawsuit Due  to Malpractice  Lawsuits

In cases filed as a result of doctor's errors in Turkey, certain conditions must be met for the patient to claim compensation. These conditions include the following:

1. Presence of damage: The plaintiff must prove that he was harmed as a result of doctor's error and that this damage was caused by doctor's error. Proving harm can be done through medical documents, witnesses and other evidence.
2. Presence of defect: The plaintiff must prove that there was a defect in the doctor's services and that this defect caused the damage. Proving the defect can be done through the examination of medical records, expert opinions and other evidence.
3. Causality link: The plaintiff contends that physician error caused the harm, and this causal link must be proven. This connection can be made through the examination of medical records, expert opinions and other evidence.
4. Determination of the culprit: The plaintiff must prove who made the doctor's mistake. This is usually done by identifying the doctor and proving that this person is at fault.

In cases filed as a result of doctors' errors in Turkey, there is a legal time limit for compensation claims. The patient must file a lawsuit no later than 2 years when he is harmed as a result of a doctor's error. However, this period begins from the date the doctor becomes aware of his mistake and can be a maximum of 10 years. Istanbul Lawyer provides legal support to his clients in this process.

As a result, in the lawsuits filed as a result of doctor's errors in Turkey, conditions such as the presence of damage, the presence of the defect, the causal link and the determination of the defective must be met. When the patient meets these conditions, he can file a lawsuit for compensation claim within a statutory period.

 

6) Istanbul Lawyer and Immigration Law

Foreigner means a person who does not have citizenship ties with the State of the Republic of Turkey. The legal rules to be applied in our country vary according to the countries to which foreigners are affiliated, that is, to which they are citizens. The reason for this is the principle of reciprocity. Turkish Foreigners Law examines the restrictions and rights that foreigners are subject to due to being foreigners in the Republic of Turkey.

Although States can freely limit the rights or conditions under which they can accept foreigners into their countries, they are also subject to various restrictions within the framework of International Agreements in this regard.

Istanbul Lawyer, on the other hand, operates in the field of migration law and the solution of all problems that arise between the parties in written or oral form.

The Law No. 6458 on Foreigners and International Protection entered into force on March 28, 2013, and the entry and residence permits of foreigners to Turkey are coordinated by the General Directorate of Migration Management under the Ministry of Interior.

Considering the geographical location of our country, it has become a center of migration due to the events experienced. For this reason, the law of foreigners has gained great importance. According to the International Convention on Refugees of 1951, only those from European countries are refugees. Those who come from Syria are not refugees, but asylum seekers because they are not covered by the convention. The legal status of asylum seekers is regulated by a separate regulation.

The Law No. 6458 on Foreigners and International Protection regarding the entry and residence permits of foreigners into Turkey entered into force on March 28, 2013 and the entry and residence permits of foreigners to Turkey are coordinated by the General Directorate of Migration Management under the Ministry of Interior. http://www.goc.gov.tr/

Sources of Foreigners' Law in our country:

1. Passport Law
2. Settlement Law
3. Law on Work Permits of Foreigners
4. Fees Act
5. Foreign Direct Investment Law
6. Turkish Citizenship Law

Foreigners who will stay in Turkey for more than the period granted by the visa or visa exemption or for more than 90 days are obliged to have a residence permit. The application for a residence permit is generally made to the consulates in the country where the foreigner is a citizen or legally located. Residence permits that are not started to be used within 6 months lose their validity.

Residence permit types are regulated in the Law No. 6458 and these permit types;

a)Short Term Residence Permit

b) Family Residence Permit

c) Student Residence Permit

d) Long Term Residence Permit

e)Humanitarian Residence Permit

f) Human Trafficking Victim Residence Permit

Foreigners who will work independently in Turkey may be granted an independent work permit by the Ministry provided that they have resided in Turkey legally and uninterruptedly for at least 5 years.

The areas in which Istanbul Lawyer and our Law Office provide legal assistance within the scope of foreigners law and citizenship and migration law;

– Follow-up of citizenship application procedures; In case of rejection of the citizenship application, the resolution of disputes and the follow-up of cancellation cases,

– Follow-up of work and residence permit applications,

– Recognition and enforcement of divorce decisions issued by courts of foreign countries,

– Recognition and enforcement of foreign court decisions and arbitral awards,

– Follow-up and enforcement procedures of the cases to which foreign real and legal persons are parties in Turkey,

– Foreigners to establish companies in Turkey; Arrangement of contracts between government agencies, partners, employees and customers and resolution of disputes,

– Follow-up of the transactions related to the purchase and sale of real estate in Turkey by foreign real or legal persons,

– Leasing of real estate in Turkey by foreign real or legal persons and follow-up of related transactions and resolution of disputes,

– Providing consultancy services to foreign real persons regarding inheritance law in Turkey,

– Interpretation of disputed provisions of international conventions.

Foreigners' entry to Turkey and residence permits are evaluated by the Law No. 6458 on Foreigners and International Protection and the General Directorate of Migration Management under the Ministry of Interior.