Can A Lawyer Assigned To Assignments Such As Legal Aid, Cmk, etc. Under The Attorneyship Law Refrain From Performing The Assignment?
Upon acceptance of the request for legal aid, a legal aid team will be established to carry out and execute the necessary work and procedures.
or several lawyers are assigned. A copy of the assignment letter shall also be given to the requester and
The assigned lawyer shall be asked to apply to the assigned lawyer together with the necessary information, documents and power of attorney.
Assigned lawyer shall submit the assignment letter, the information, documents and
the power of attorney, and if the request for legal aid is rejected, the advance payment for the mandatory costs for the work
Upon the receipt of the letter, he/she is under the obligation to fulfill his/her legal services.
Article 179/3 of the Law on Attorneys: “In addition, the assigned lawyer is also obliged to refrain from
if he/she wishes, within fifteen days from the date on which he/she is notified of the assignment
the determined fee to the bar association.”
Pursuant to the provision of the Law; the lawyer assigned to the Legal Aid task
may refrain from performing the duty within fifteen days from the date of notification,
but must pay the fee determined in the tariff for that work to the bar association.
Article 19/4 and 19/5 of the Ankara Bar Association Criminal Procedure Center Directive:
“Withdrawal from duty can only take place within the conditions stipulated in the law. The lawyer who has withdrawn from duty
shall immediately notify the Criminal Procedure Code Implementation Center in writing. These notifications are related to the case
information, the grounds for withdrawal, the minutes of the hearing and the date of the next hearing.
The lawyer’s responsibility continues until the Presidium decides on the request
shall do so. A lawyer may not voluntarily withdraw from the office without a valid excuse. Lawyer
submit his/her request for withdrawal from duty in writing and with justification to the Executive Board of the Criminal Procedure Board
notifies. Based on valid excuses other than the compulsory withdrawals listed in the law
In the event that the request for withdrawal from the duty due to reasons is accepted by the Presidium of the CPC,
no fee shall be paid to the lawyer who withdraws.”
TBB/Judicial Assistance Regulation
ARTICLE 6/d) The assigned lawyer has a justifiable reason
If he/she wishes to withdraw for any reason, he/she may do so from the date on which he/she is notified of the assignment.
within fifteen days from the date on which the fee determined in the tariff for that work is paid to the Bar Association
may withdraw from the assignment by paying the fee.
The assigned lawyer’s obligation shall not be limited to the requestor’s obligation to
necessary documents and information and compulsory legal expenses other than attorney’s fees
or refuses to give power of attorney. Appointed attorney
this without delay to the legal aid office that assigned him or her, or
representative office.
In the assignment, the statements of the lawyers regarding their areas of professional activity shall be taken into consideration.
is taken. The assigned lawyer shall complete the work according to the provisions of the Attorneyship Law No. 1136.
until the end of the proceedings. Even if there is a connection and relationship, other lawsuits and execution
proceedings or similar legal proceedings are not accepted within the scope of the work subject to the assignment.
Within the scope of the Code of Criminal Procedure; the defenders shall not be entitled to be appointed in the lists with a justified excuse on the date of their assignment.
the next in line for duty, even if they have notified that they will be absent from duty.
passes to the defender. Defendants may not be able to fulfill this duty for a justifiable reason, even though it is their turn.
They have the right to postpone 3 times if they have an excuse. In case of these postponements
the defense counsel’s place in the line-up remains unchanged. However, after the 3rd postponement, the request
the defense counsel who refuses shall be placed last on the list and when it is his/her turn, his/her request shall be
refuses, he/she will be removed from the list until the next list is drawn up. The defendant’s
The duty in the courts ends with the appeal of the judgment. However, if the Court of Cassation
In case of decisions, the defense counsel shall notify the Bar Association. The defense counsel shall inform the Bar Association of every decision taken at the end of the case.
must give the court decision to the Bar Association. Dismissal according to applicable law
In cases requiring withdrawal or refusal of work, the situation should be immediately reported in writing to the CPC service.
the information related to the case, including the minutes of the hearing, subsequent
the date of the hearing and the grounds for withdrawal. Otherwise, the responsibility of the defense counsel
lasts. The duty of the withdrawn defense counsel shall continue for another fifteen days. The Bar Association shall ensure that the withdrawn defense counsel
shall immediately appoint a new defense counsel. When a new defense counsel is appointed, the withdrawing defense counsel must wait 15 days
is not obligatory.
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