Resignation of the Lawyer
Anyone who is considered to have the right to file a lawsuit can file and follow up the case personally or through a lawyer he will appoint. If the case is followed up through a proxy, a power of attorney will be required. The lawyer may terminate the task assigned to him by resigning. However, the mere notification of the lawyer’s resignation to the relevant court does not eliminate the lawyer’s responsibility. The duties assumed by the resigning lawyer as a proxy shall continue for two weeks from the date of notification of the resignation to the client. These issues related to the resignation of the lawyer are notified to the lawyer together with the resignation petition of the resigning lawyer.
If the lawyer resigns, the lawyer will either appoint a new lawyer or follow the case himself. If the lawyer does not personally follow up the case and does not appoint another lawyer, the procedure will be carried out in accordance with the provisions to be applied in the absence of the party.
Supreme Court 11. In the decision of the Legal Department dated 20.12.2016; “The date of our department dated 20.05.2015 and 2015/166-5537 E. and K. the decision upholding the local court decision numbered was duly notified to the defendant’s lawyer on 17.06.2015, and the defendant’s lawyer declared the following: with a petition dated 24.06.2015 filed with the local court, the defendant resigned as a lawyer and requested that the Supreme Court decision and resignation petition be notified to the defendant director.
Upon the notification of the decision of the Court of Cassation and the letter of resignation to the defendant client on 02.07.2015, the defendant’s lawyer Av. …..
After the approval decision of our chamber has been duly notified to the defendant’s lawyer, the defendant’s lawyer has resigned as a lawyer and CMK 82. since the duty of a lawyer who resigns in accordance with this article will continue for two weeks from the date of notification, the application period to the legal remedy for his client in case of resignation begins to operate from the date of notification of the decision to the lawyer. 41 Of the Lawyer’s Law. There is a similar provision in the article.
Even if the lawyer resigns as a lawyer within the period of applying for a legal remedy, the decision shall be deemed to have been notified to him as valid. In this case, the petition for correction of the decision should be rejected because the defendant party has exceeded the 15-day legal period for correction of the decision.” This decision of the Court of Cassation also reveals the importance of term limits in law and the importance of resignation in lawyer representation.
CMK 81. in accordance with the article, in order for the dismissal or resignation of the lawyer to be valid for the court and the opposing party, the statement on this issue must be notified by petition or entered into a record and, if necessary, entered into a record. The notification costs to be made to the related party must be paid in advance. CMK’s 82. In the article, it is arranged that the duty of attorney of the lawyer who has resigned will continue for two weeks from the notification of the resignation to his client.
With this regulation, the legislator did not deem it appropriate to terminate the duty with resignation in order for the client not to suffer any loss of rights due to the resignation of the deputy. Thus, when the director learns that his lawyer has resigned, he will have the opportunity to pursue his case and take the necessary measures.
The provisions regarding the resignation of the lawyer are applied not only in civil cases, but also in enforcement proceedings and in the follow-up of disputes arising from administrative proceedings.
You can reach our other article samples and petition samples by clicking here.