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Av. Çağatay KISALaw & Consultancy

FAQ

Frequently Asked Questions

From legal fees to case timelines, from powers of attorney to legal aid — clear answers to the questions our clients ask most. For area-specific questions, please visit the relevant practice area page.

General Questions

Fees are set according to the type, scope, and anticipated workload of the case, and never below the Minimum Fee Tariff of the Union of Turkish Bar Associations. At the first consultation, the fee and expense items are shared transparently in writing — there are no surprise costs.

Because legal consultation is itself the practice of law, the initial assessment meeting is subject to a fee under the tariff. If, after the consultation, you decide to retain us for the case, the consultation fee can be credited against the retainer fee.

Yes. Consultations can be held at the office, by phone, or by video call, and you are kept regularly informed of every significant development in your file. For clients outside Istanbul or abroad, the entire process can be handled remotely.

Our office is in Esenyurt; we serve primarily the Esenyurt, Beylikdüzü, and Büyükçekmece areas. Beyond that, we handle cases throughout Istanbul and, where needed, anywhere in Turkey.

The duration depends on the type of case, the state of the evidence, and the court's caseload. For example, an uncontested divorce may take 1-2 months, an employee receivables case 1-1.5 years, and a contested divorce or title deed cancellation case 1-2 years. At the first consultation, we share a realistic time estimate for your file.

You can have a 'general litigation power of attorney' issued at any notary public, using the attorney's name and bar registration details. A divorce case requires a power of attorney bearing your photograph and containing specific authorization for divorce. If you are abroad, it can also be issued at a Turkish consulate.

Citizens who cannot afford attorney fees may apply to the legal aid offices of the bar associations and request the appointment of a lawyer free of charge. At the first consultation, we can advise you on whether you meet the conditions.

Questions by Practice Area

More questions and answers are available on each practice area page.

Where the parties agree on every issue and the settlement protocol is fully prepared, an uncontested divorce is usually concluded in a single hearing, on average within 1-2 months depending on the court's caseload. The marriage must have lasted at least 1 year.

Go to the Divorce Law page →

No — it is strongly advisable to consult a lawyer before giving any statement. What you say during the statement forms the foundation of the case file and is difficult to correct later. Giving a statement in the presence of defense counsel is your legal right and cannot be held against you.

Go to the Criminal Law page →

In enforcement proceedings without a judgment, an objection must be filed with the enforcement office within 7 days of service of the payment order. In proceedings specific to negotiable instruments, an objection to the debt must be filed with the enforcement court within 5 days. If the deadline is missed, the proceedings become final.

Go to the Enforcement and Bankruptcy Law page →

The workplace must employ at least 30 workers, the employee must have at least 6 months of seniority, and the employment contract must have been terminated without a valid reason. An application to a mediator must be made within 1 month of the termination notice.

Go to the Employment Law page →

In commercial cases whose subject matter is a monetary receivable or damages, applying to a mediator before filing suit is mandatory. If the mediation stage is skipped, the case is dismissed on procedural grounds. The process is typically completed within 6-8 weeks.

Go to the Commercial Law page →

Either can be formed with a single shareholder. The minimum capital is TRY 250,000 for a joint-stock company and TRY 50,000 for a limited liability company. A joint-stock company suits structures seeking ease of share transfer, the possibility of going public, and tax advantages on share disposals; a limited liability company suits simpler management.

Go to the Corporate Law page →

The reserved share is the portion of the statutory share that the deceased cannot take away, even by will. Descendants (children, grandchildren), parents, and the surviving spouse are reserved-share heirs. An heir whose reserved share has been infringed can bring an abatement (tenkis) action.

Go to the Inheritance Law page →

The main routes are: enforcement proceedings based on a written eviction undertaking, two justified notices, an eviction action based on the owner's need, termination by notice after the 10+1-year extension period, and eviction for default where rent goes unpaid. Each route has its own timing requirements.

Go to the Real Estate Law page →

The period runs from the day following written notification of the act; it is 60 days before the administrative courts and 30 days before the tax courts. If an application is first made to the administration, the filing period is suspended; upon rejection of the application, or if it goes unanswered for 30 days, the remaining period resumes.

Go to the Administrative Law page →

In settlement, the penalty is usually reduced substantially, but the right to litigate is waived. Where the assessment is clearly unlawful, litigation can eliminate the penalty entirely. The decision should be made on a case-by-case risk analysis.

Go to the Tax Law page →

Yes. If the defect affects the vehicle's value or use, the consumer may exercise one of the optional remedies: free repair, replacement with a defect-free equivalent, refund, or a price reduction. The Court of Cassation upholds replacement and refund claims where the defect is significant.

Go to the Consumer Law page →

It is claimed under the at-fault party's compulsory traffic liability insurance (from the other side's insurer). A written application to the insurer is mandatory first; if payment is not made, or is made short, within 15 days, an application can be filed with the Insurance Arbitration Commission.

Go to the Insurance Law page →

For contract-based claims against private hospitals and physicians, the limitation period is, as a rule, 5 years; in mandate relationships it can vary depending on when the harm was discovered. For public hospitals, an application to the administration within 1 year is followed by a full remedy action. A deadline analysis must always be performed for the specific case.

Go to the Health Law page →

The judge exercises discretion, weighing the gravity of the incident, the degrees of fault, the parties' economic and social circumstances, and the depth of the pain and suffering endured. Non-pecuniary damages cannot serve as a means of enrichment, but they must be substantial enough to have a deterrent effect.

Go to the Personal Injury and Compensation Law page →

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