Upon acceptance of the legal aid request,. The necessary work and procedures are carried out and performed,
or more than one lawyer is appointed. A copy of the appointment letter is also given to the applicant, and
they are asked to apply to the appointed lawyer with the necessary information, documents, and power of attorney.
The appointed lawyer is obligated to perform legal services by presenting the appointment letter, information, documents, and
power of attorney, and if the request for legal aid is rejected, upon receiving the advance payment for the mandatory expenses of the case.
Article 179/3 of the Law: “Furthermore, the assigned lawyer must not refuse to perform this task.
If they wish, they must pay the specified fee to the bar association within fifteen days from the date the assignment is notified to them.”
According to the law, a lawyer assigned to legal aid may decline the assignment within fifteen days from the date of notification,
but must pay the fee specified in the tariff to the bar association.
Ankara Bar Association CMK Application Center Directive Article 19/4 and 19/5:
“Resignation can only be made under the conditions specified in the law. These notifications shall be immediately reported in writing by the lawyer removed from office
to the CMK Application Center. These notifications shall include
case information, reasons for withdrawal, the hearing minutes, and the date of the next hearing.
The attorney’s responsibility continues until the Presidential Court issues its decision on the request.
The attorney cannot be dismissed at their own request unless they have a valid excuse.
Attorney,
shall notify the Criminal Procedure Code Executive Board in writing, including the reasons,
based on valid excuses other than the mandatory withdrawal cases listed in the law.
If the request for withdrawal from the case is accepted by the. Criminal Procedure Code Presidency Board,
the withdrawing attorney shall not be paid.”
TBB / Legal Aid Regulation
ARTICLE 6/d) The appointed lawyer is authorized to perform this duty.
If he/she wishes to resign from the duty for any reason,. Within fifteen days from the date the duty was notified to him/her.
The fee specified in the tariff shall be paid to the. Bar Association from the start date of the case.
The payment may be recovered.
T he duty of the appointed attorney is to ensure that the applicant receives the service.
The necessary documents and information, as well as mandatory litigation expenses other than the attorney’s fee.
It ends with the failure to grant or grant a power of attorney. The appointed attorney
shall immediately notify the legal aid office that appointed him or her or
his or her representative of this situation.
In the appointment, the statements of lawyers regarding their professional activities are taken into account.
The appointed lawyer is obliged to follow up on the lawyers’ cases at the end of their duties in accordance with the provisions of the Attorney Law No. 1136. Even if there is a connection or relationship, other lawsuits and enforcement
proceedings or similar legal proceedings are not considered within the scope of the assignment. Under the Criminal Procedure Code; Defense attorneys with a valid excuse, even if they have declared that they will not be able to take up their duties on the date of their appointment,
are included in the lists, and the assignment passes to the next defense attorney.
Even if their turn comes up, defense attorneys do not justify this duty. If they have excuses, they have the right to postpone three times. In case of these delays, the defense attorney’s position in the ranking does not change. However, after the third postponement, the defense attorney who refuses the request is placed at the end of the list, and when their turn comes up, the request is repeated.
If they refuse, they are removed from the list until the next list is created. The defense attorney’s
duty in court ends with the appeal against the decision. However, in cases where the Court of Cassation overturns
the decision, the situation is reported to the Bar Association by the attorney. At the end of the defense case, each
court must submit its decision to the Bar Association. Dismissals according to the applicable law In cases where withdrawal from the case or refusal to work is required, the situation must be immediately reported to the Criminal Procedure Code (CMK) service.
These notifications include information about the case, the trial minutes, the date of the next
hearing, and the reasons for withdrawal. Otherwise, the lawyer’s responsibility
begins. The defense lawyer’s duties continue for another fifteen days. The Bar Association lawyer
immediately appoints a new lawyer to replace them. When a new lawyer is appointed,. There is no requirement to wait 15 days for withdrawal.