If you need legal representation in Turkey, you must appoint a Turkish lawyer through a Power of Attorney (POA). According to Turkish Law, only attorneys can represent clients in legal proceedings, and a POA is required for court representation.

What is a Power of Attorney?

A Power of Attorney (POA) is a unilateral legal transaction in Turkish law, allowing a lawyer to act on behalf of a client. Unlike a service contract, a POA does not constitute a binding agreement for legal services. Instead, it authorizes the lawyer to represent the client in legal matters.

Can a Lawyer Be Appointed Without Their Consent?

Yes. Since a POA is a one-sided declaration of will, a lawyer can be appointed without prior consent. However, this does not obligate the lawyer to accept representation. The lawyer retains the right to reject the offer.

Types of Power of Attorney in Turkey

There are two types of POA for legal cases in Turkey:

1. POA for a Specific Lawsuit

• Limited to a particular case or legal matter.

2. POA for General Lawsuits

• Grants a Turkish lawyer the authority to represent the client in all legal matters.
• Must be notarized for validity.
• A POA issued abroad can be validated by a Turkish Embassy or Consulate.

How to Issue a Power of Attorney for a Turkish Lawyer

• A POA must be notarized for court proceedings.
• If issued abroad, it must be approved by a Turkish Embassy or Consulate.

Submission of POA to Turkish Courts

• The original POA is not required to be submitted to the court.
• A certified copy, signed and stamped by a lawyer, is sufficient.
• In urgent cases, a lawsuit can be filed without a POA, provided that the document is submitted later.

Power of Attorney Content & Limitations

• Clients may limit their lawyer’s authority within the POA.
• In divorce cases, a client’s photo must be included in the POA.
• Clients can appoint multiple lawyers, and the court will correspond with a designated attorney.

How to Remove a Lawyer from a Case

• Clients can dismiss their lawyer by submitting a petition to the court.
• Lawyers can also resign from a case if they provide a valid reason.

This article is based on Turkish Procedural Law No. 6100, which came into force in October 2011.