The bill regarding bar associations was accepted in the Turkish Grand National Assembly Justice Commission.

The Bill on Amendments to the Lawyers’ Law and Some Laws, signed by AK Party and MHP deputies, was accepted in the Justice Commission of the Turkish Grand National Assembly.

According to the proposal, if there is more than one bar association in the same province, there will be no requirement to be registered with the same bar association in order to work together in the same office and establish a lawyer partnership.

With the proposal, “lawyer partnership” will be defined as a legal entity formed by more than one lawyer registered in any of the bar associations established in the same province to carry out their profession in accordance with this law.

Lawyers will appear in court wearing the robes determined by the Union of Turkish Bar Associations (TBB). There will be no other obligation regarding appearance and dress for lawyers.

Way of appeal in cases against lawyers

If there is more than one bar association in the same province, the space allocated to the bar associations in the justice departments will be allocated to TBB. The Union will allocate this place to bar associations, taking into account the number of registered lawyers.

Lawyer offices and residences can only be searched by court decision and under the supervision of the public prosecutor regarding the incident specified in the decision and with the participation of the representative of the registered bar association.

Lawyers will be able to appeal the decisions of the criminal chambers of the regional court of justice, which are given due to crimes arising from their duties as lawyers and in the organs of the TBB or bar associations, or crimes committed during their duties. In this context, the decisions of the regional court of justice on the merits of the rejection of the appeal against imprisonment sentences of 5 years or less and judicial fines, regardless of the amount, given by the first instance courts can also be appealed.

The lawyer will inform the bar association in which he is registered.

With the proposal, the bar association to which the lawyer is obliged to provide information regarding audit and complaint-related issues will be clarified as the bar association in which he is registered.

In matters related to auditing and complaints, unless the lawyer violates the obligation to keep professional secrets, the lawyer must inform the president or the board of directors of the bar association in which he is registered, one of the members appointed by them and send the files upon request, and in cases where he is called to be heard, he must be invited to the president of the bar association, the board of directors or one of the members of this board. will have to comply.

The board of directors of the bar association to which the lawyer is registered may impose a fine of 10 thousand lira to 100 thousand lira for the lawyer who does not comply with the written obligation. This fine can be appealed to the disciplinary board of the bar association that made the decision within 15 days from its notification.

The bar allowance of lawyers who are new to the profession will be received at half the rate for 5 years.

If there is more than one bar association in a province, the lawyer will be registered with any bar association in that province.

In provinces with more than five thousand lawyers, bar associations can be established with a minimum of two thousand lawyers.

According to the Law Proposal Amending the Law on Lawyers and Some Laws, signed by AK Party and MHP deputies and accepted in the Justice Commission of the Turkish Grand National Assembly, if a lawyer practices law continuously outside the bar association district in which he is registered, or commits an action that requires disciplinary punishment, the person who makes this determination The report to be prepared by the bar association’s board of directors on this matter will be sent to the bar association where the lawyer is registered in order to take the necessary action.

In provinces with more than 5 thousand lawyers, a bar association can be established with a minimum of 2 thousand lawyers.

In the application for establishment, the petition containing the establishment request and the list containing the signatures of 2 thousand lawyers and the names of the 4-person founding board determined by these lawyers will be submitted to TBB. The Union will appoint a board of founders to carry out the establishment procedures. The board of founders will complete the establishment of the new bar within 6 months at the latest and notify the BAT.

If the number of lawyers falls below 2 thousand, TBB will request in writing from the bar association to provide the minimum number of lawyers within 6 months. If the deficiency cannot be remedied within the given period, TBB will terminate the legal personality of the bar association and the termination decision will be announced on the official website of TBB.

Liquidation of a bar whose legal entity has ceased

Lawyers and interns registered to a bar association whose legal entity has expired will be registered to that bar association, if there is a bar association in that province, within 15 days from the date of announcement, or to the bar association of their choice if there is more than one bar association, and their ongoing work and transactions will be carried out by the bar association to which they are registered. The liquidation procedures of the bar association whose legal entity has ceased will be carried out by the last board of directors under the supervision and control of the union, and the remaining assets will be transferred to BAT.

If a new bar association is established in the same province, TBB will number the bars with the name of that province, based on the date of gaining legal personality and starting from one.

The proposal aims to hold the general assemblies of all provincial bar associations in a certain order and on the same dates, regardless of the establishment date of the bar associations. Accordingly, all bar association general assemblies will be held within the first week of October every two years, provided that they are in years with an even last digit.

The president of the bar association who leaves before the end of the election period is replaced by the bar association’s board of directors among its own members.

n will be elected as the president of the bar association to complete the remaining term.

Each bar association will be represented at the TBB General Assembly with at least four delegates, including the bar association president, and for bar associations with five thousand members, an additional delegate for every five thousand members.

The legal aid office will be established on the basis of equal representation of bar associations.

TBB General Assembly will hold its ordinary meeting in Ankara in December of the year in which the bar association elections are held. The TBB Board of Directors will call the General Assembly for an extraordinary meeting directly or upon the written request of the boards of directors of at least 25 bar associations, but no elections will be held at the extraordinary meeting.

In provinces where there is more than one bar association, the legal aid office will be established on the basis of equal representation of the bar associations. Assignment to the office will be made by taking into account equality among the lawyers in that province. The procedures and principles regarding the establishment of a legal aid office and the execution of legal aid services will be specified in the regulation prepared by the TBB Board of Directors and approved by the Ministry of Justice.

If there is more than one bar association in the same province, a lawyer who works in public institutions and organizations and public economic enterprises, but does not want to register with the bar association, will be able to provide information about his situation to any bar association in that province.

Regardless of their term of office, elections for bar association presidency, management, disciplinary and audit board memberships and TBB delegate elections in all bar associations will be held in the first week of October 2020; Elections for the TBB Presidency, management, disciplinary and supervisory board memberships will be held in December 2020.

In provinces where more than one bar association is established, the appointment of representatives to protection boards, arbitration committees, and members to provincial and district consumer arbitration committees will be based on equal and rotating representation of the bar associations. The principles regarding these assignments will be determined by the regulation prepared by TBB.

From the interviews

AK Party Group Deputy Chairman Cahit Özkan, in his speech at the commission, stated that the study is not yesterday’s or today’s work and said, “It is a democratic and effective bar association approach that is historically, sociologically, politically and legally specific to the profession and will make Turkey a center of resolution of international disputes.” “We did it as a work to bring it to life.” said.

Stating that this study is a bill proposal that is carefully scrutinized and touched upon frequently in order to solve the problems of this country, Özkan said:

“With a political understanding, I would like to express that we completely reject the allegations that the proposal is a FETO proposal, which is not related to the content of the law. This proposal is a proposal that we prepared and brought together as the AK Party and MHP groups. We wholeheartedly believe that it will contribute to Turkey’s understanding of law. In this sense, “I would like to thank the representatives of all political party groups who expressed their opinions in favor of and against the proposal.”

MHP Group Deputy Chairman Levent Bülbül stated that it is generally a commission process in which everyone tries to understand each other and said:

“We tried to benefit from the evaluations of all the politicians, party representatives and commission members who took a negative position against this law. Hopefully, this law will cause a significant change in the law on lawyers regarding bar associations. Contrary to what is expressed in Turkey, we made these changes in the bar associations. We are of the opinion that it will strengthen the bar associations within the framework of their establishment purposes and areas of activity, as required by the legal profession. At the same time, we believe that the structure of the Union of Turkish Bar Associations will have a structure and a basis that will appeal to Turkey much more at this point. We hope that this work will bring good things to us. For this purpose “We have carried out this study. There is absolutely no other background. I hope that after the negotiation process, which will be beneficial during the General Assembly, the bill will become law and bring good things to our country.”

Source: https://www.aa.com.tr/tr/turkiye/barolara-iliskin-kanun-teklifi-tbmm-adalet-komsyonunda-kabul-edildi/1900806

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