C&B Law Firm logo headerC&B Law Firm logo header
WHATSAPP

Litigation lawyer in Turkey – C&B Law Firm

⚖️ Litigation · Istanbul / turkey

Litigation Lawyer in Turkey: Who Are They and Which Cases Do They Handle?

A litigation lawyer in Turkey represents the client at every stage of the proceedings when a dispute has to be taken to court, handling the pre-trial preparation, the written submissions, the hearings and the appeals. A litigation lawyer makes sure your rights are protected under Turkish law with the right evidence and without missing any deadline. As C&B Law Firm, we handle cases before courts across Turkey, Istanbul first among them.

🗺️Service areaAll of Turkey
🤝Before the lawsuitMandatory mediation in many disputes
🏛️Branches of the judiciaryCivil and administrative courts
📑AppealsRegional appeal and Court of Cassation

📜 Definition

Who Is a Litigation Lawyer in Turkey?

Litigation lawyer is the term used for a lawyer who represents the client before the courts and other judicial authorities when a legal dispute is resolved through the courts in Turkey; in practice the same professional is also called a civil litigation lawyer or a litigation attorney. This lawyer assesses whether a lawsuit should be filed at all, drafts the petitions, gathers the evidence, attends the hearings and pursues the appeals against the judgment.

Under Turkish law, filing a lawsuit, pursuing it and representing another person before the courts is a right reserved to lawyers registered with a bar association under Law No. 1136 on the Legal Profession. The lawyer carries out the work taken on under a power of attorney within this Law and the rules of the profession, and owes the client duties of care and confidentiality.

A lawsuit in Turkey is much more than the hearing itself: identifying the competent court correctly, meeting conditions such as mandatory mediation before filing, tracking limitation periods and strict deadlines, and asking for an interim injunction or a precautionary attachment when needed often decide the outcome of a case before the first petition is even filed.

ℹ️“Litigation lawyer” is not an official title in Turkey. Turkish law has no official specialist title for lawyers in a particular field of law. In practice, lawyers who mainly handle court proceedings are known as a “litigation lawyer”, a “lawyer in Turkey” for civil cases, a “litigation attorney” or, in business disputes, a “commercial litigation lawyer”.

🏛️ Judicial system

The Judicial System and Courts in Turkey

In Turkey, the judiciary is based on the continental European (codified law) system, in which the law is set out in written codes, and it is divided into two main branches: civil and criminal courts and administrative courts. There is no jury system in Turkish courts; the dispute is decided by a judge or a panel of judges.

⚖️Civil Courts of Peace and Civil Courts of First Instance: These are the general first instance courts for private law disputes in Turkey; cases such as rent disputes and the ending of joint ownership go to the Civil Court of Peace, most others to the Civil Court of First Instance.
🏢Specialised courts: Commercial, Labour, Family, consumer and intellectual property courts are specialised courts that hear cases in their own field.
🏛️Administrative and Tax Courts: Actions for annulment and full remedy actions against the acts and actions of the administration, together with tax disputes, are heard by the administrative courts.
📑Regional Courts of Appeal: These are the second instance courts in Turkey to which an appeal is made against first instance judgments, and they review both the facts and the law.
🔝Court of Cassation and Council of State: These are the high courts that review the judgments set out in the law on appeal on points of law; the Court of Cassation sits for civil and criminal matters, the Council of State for administrative matters.
🛡️Constitutional Court: This is the body to which an individual application can be made, after ordinary remedies are exhausted, alleging a violation of fundamental rights and freedoms.

If the court with subject-matter jurisdiction or the court with territorial jurisdiction is chosen wrongly, the case can be dismissed on procedural grounds before the Turkish courts, which costs time and money. That is why the first task of a lawyer in Turkey is to establish which branch of the judiciary and which court the dispute belongs to.

🗂️ Duties

What Does a Litigation Lawyer in Turkey Do?

The success of a court case in Turkey depends largely on the preparation made before filing and on handling every stage of the proceedings on time. The main duties of a litigation lawyer are:

🔍01

Initial assessment and strategy

The documents relating to the dispute are reviewed; the legal basis of the claim, the means of proof, the deadlines and the possible risks are assessed, and the decision on whether to file a lawsuit is made together.

🤝02

Pre-trial stage in Turkey

Where necessary, a formal warning notice is sent, an application for mediation is made and an interim injunction or a precautionary attachment is requested to protect your rights.

📝03

Drafting petitions for the Turkish courts

The statement of claim, the statement of defence, the reply and the second reply, together with the lists of evidence, are prepared in line with the rules of procedure and within the deadlines.

🧾04

Evidence and hearings in Turkey

Witness evidence, expert examination, court site inspections and documentary evidence are followed; the client is represented at the hearings and objections are made to expert reports.

📑05

Appeals in Turkey

If the judgment is against the client, appeals are lodged with the regional court of appeal and the Court of Cassation; if it is in the client’s favour, the other side’s appeals are answered.

🏦06

Enforcing the judgment in Turkey

A final or enforceable judgment is put into effect through debt enforcement proceedings, and the debt is collected.

⚖️ Types of cases

Which Cases Does a Litigation Lawyer in Turkey Handle?

The work of a lawyer in Turkey covers a wide range of cases, from commercial debts arising from contracts to property disputes, and from employment and family law to cases with a foreign element. The main groups of cases our firm handles are:

1. Commercial and Contract Disputes in Turkey

In disputes between companies, the litigation lawyer, also known as a commercial litigation lawyer, pursues debt collection, breach of contract and unfair competition cases before the Commercial Courts of First Instance. In commercial cases, applying to a mediator before filing a lawsuit is, as a rule, a condition for the lawsuit under Turkish law.

💰Commercial debt cases: Debt collection lawsuits for debts arising from invoices, current accounts and contracts, and actions for the cancellation of an objection.
🤝Agency and distributorship: Disputes over the termination of agency and distributorship agreements, goodwill (indemnity) compensation and breaches of territorial exclusivity.
📄Breach of contract: Claims for compensation and contractual penalties before the Turkish courts where a sale, works, service or supply contract is not performed or is performed late.
™️Trademark and unfair competition: Actions for a declaration, an injunction, removal and compensation over trademark infringement, the sale of counterfeit products and unfair competition.
🏭Product liability: Compensation claims against the manufacturer and the seller for damage caused by defective or unsafe products.
🏢Disputes within companies: Actions for the annulment of general assembly resolutions, withdrawal from a company and directors’ liability, as well as disputes over public debts such as tax liability in companies.

2. Property, Rental and Inheritance Cases in Turkey

📋Title deed cancellation and registration: Cases filed to correct a land registry entry created through misuse of a power of attorney, a sham transaction or another unlawful cause.
🧩Ending joint ownership: Ending co-ownership of a property held in shares or jointly under Turkish law, either by dividing it in kind or by selling it.
🏗️Disputes with developers: Cases over a home bought from a developer that is incomplete, defective or delivered late, and over flat-for-land construction contracts.
🚪Eviction and rent determination: Cases under Turkish legislation for evicting a tenant, setting a new rent and collecting unpaid rent.
🔒Sham transfers and reduction: Title deed cancellation and registration cases against transfers made by the deceased to deprive heirs, and reduction lawsuits protecting the reserved share.
🧮Estate and division: Determination of the estate, division of the inheritance and disputes arising between co-heirs.

3. Employment, Family and Compensation Cases in Turkey

🔁Reinstatement: A lawsuit for the reinstatement of a dismissed employee whose employment contract was terminated without a valid or just cause.
💵Employee claims: Severance pay and notice pay, overtime, annual leave and wage claims, and compensation claims for mobbing.
💔Divorce and alimony: Contested divorce, alimony, the liquidation of the marital property regime and claims for pecuniary and non-pecuniary damages linked to the divorce.
👶Custody: Family Court cases in Turkey over child custody, contact arrangements and changes of custody.
🩺Medical malpractice: Cases before the Turkish courts for compensation of the damage caused by the faulty medical treatment of a doctor or a healthcare institution.
🚗Tort compensation: Compensation under Turkish law for pecuniary and non-pecuniary damage caused by a traffic accident, a workplace accident or another tort.

4. International Disputes and Foreign Nationals in Turkey

Disputes where one party is a foreign national or lives abroad raise extra questions, such as the competent court, the applicable law, service of documents and the effect of foreign judgments in Turkey. In these cases the lawyer represents the client abroad under a power of attorney and runs the proceedings in Turkey.

🌍Recognition and enforcement: Recognition and enforcement cases filed so that foreign court judgments and arbitral awards take effect and can be enforced in Turkey.
✈️Suing a party abroad: Managing jurisdiction, service and deadlines in lawsuits filed before the Turkish courts against a person or company living or based abroad.
🧒Child abduction: Cases under the Hague Convention concerning the return of a child taken abroad from Turkey or brought into Turkey.
🏦Transfers from abroad: Legal remedies against MASAK investigations and bank account blocks triggered by money received from abroad.
🪪Administrative cases involving foreign nationals: Actions for annulment before the administrative courts against decisions arising from foreigners law, such as residence permit refusals, deportation and entry bans.
⚽Sports law disputes: Collection of footballers’ and coaches’ receivables and sports law disputes arising from contracts with clubs.

5. Debt Enforcement and Bankruptcy Proceedings in Turkey

📨Enforcement proceedings: Starting enforcement proceedings with or without a court judgment, and proceedings based on bills of exchange, and carrying out attachment.
⚖️Cancellation of objection and negative declaratory action: Actions for the cancellation of an objection filed after the debtor objects to enforcement, and negative declaratory actions filed to establish that no debt is owed.
📉Bankruptcy and concordat: Steps taken on behalf of a creditor or debtor company in bankruptcy proceedings and concordat (restructuring) processes.
🤝Mandatory mediation before a lawsuit: In many matters, such as commercial debt and compensation claims, employment disputes, disputes arising from a lease and the ending of joint ownership, applying to a mediator before filing a lawsuit is a condition for the lawsuit in Turkey. The right strategy at the mediation stage often resolves the dispute without the need to go to court.

🛡️ Role of the lawyer

Can You File a Lawsuit Without a Lawyer in Turkey?

As a rule, Turkish law imposes no obligation to hire a lawyer; a person can file and pursue their own case. However, a gap in the statement of claim, a missed deadline or an application to the wrong court can lead to the dismissal of even a justified claim. The process to file a lawsuit in Turkey is strictly bound by the rules of procedure.

Without a lawyer

✖Risks Faced Without a Lawyer in Turkey

  • Petition: If the claim, the facts and the evidence are not set out fully, as a rule they cannot be expanded later.
  • Jurisdiction: A case filed before the wrong court can be dismissed on procedural grounds, wasting time and money.
  • Deadlines: Missing a limitation period, a strict deadline or the appeal period leads to a final loss of rights under Turkish law.
  • Litigation costs: If the case is lost, the other side’s litigation costs and legal fees are also paid.

With a lawyer

✔What a Litigation Lawyer in Turkey Provides

  • The right strategy: The means of proof and the risks are assessed before filing, and mediation or settlement is tried first where appropriate.
  • Proper petitions: Petitions and lists of evidence are prepared fully and in line with the rules of procedure applied by the Turkish courts.
  • Deadline tracking: All deadlines are put on a calendar; notifications and interim decisions are answered on time.
  • Effective representation: Hearings, expert examinations and appeals are handled by one team with a consistent strategy.

✅ Choosing a lawyer

How to Choose a Litigation Lawyer in Turkey?

Choosing the right lawyer in Turkey matters as much as the case strategy for handling the dispute well. Things to look for when searching for a litigation lawyer or a litigation attorney in Istanbul or any other city in Turkey:

01

Experience in the field

A lawyer who regularly handles cases similar to yours spots common procedural mistakes in advance.

02

Up-to-date knowledge of Turkish law

Mandatory mediation, court fees and procedural rules change often; your lawyer should follow these changes.

03

An evidence-focused approach

A good civil litigation lawyer plans with you, before filing, which evidence will prove each claim.

04

Clear communication

Work with a lawyer who explains risks and options clearly and keeps you informed of hearings and interim decisions on time.

05

Advertising ban for lawyers in Turkey

Under Turkish law, advertising is prohibited for lawyers; claims such as “the best litigation lawyer” breach the rules of the profession.

06

Realistic assessment

No lawyer can guarantee the outcome of a case; choose a lawyer who shares the strengths and weaknesses from the start.

07

Bar registration in Turkey

You can confirm that the person you meet is a lawyer registered with a bar association on the lawyer search screen of the Union of Turkish Bar Associations.

08

Foreign languages

For foreign clients or cases with links abroad, a lawyer who works in English speeds up communication and the flow of documents.

09

Written agreement and transparent fees

The scope of the service and the legal fee should be set in a written engagement agreement before the work begins.

💳 Fees

How Are Litigation Lawyer Fees Set in Turkey?

Legal fees vary with the type and value of the case, the complexity of the file, the length of the proceedings and the work involved. The Minimum Attorney Fee Tariff, prepared by the Union of Turkish Bar Associations and published every year in the Official Gazette, sets the lower limit of legal fees in the Turkish legal system; a lawyer cannot take on a case for less. The Istanbul Bar Association also publishes a recommended fee schedule every year.

📝

Advice and initial review

Reviewing the file, giving a legal opinion and pre-trial correspondence are usually charged according to the scope of the work.

⚖️

Legal fees for litigation in Turkey

The fee is set according to the value and type of the case, the first instance and appeal stages, and the complexity of the file.

🧾

Litigation costs in Turkey are separate

Court fees, the advance on costs, expert fees and site inspection costs are calculated separately from the legal fee.

At the end of the case, the court as a rule orders the losing party to pay the litigation costs and the other side’s legal fee calculated under the tariff, under Turkish law. A precise fee cannot be given before the file is reviewed; it is recommended that the fee and the scope of the service are set in a written engagement agreement.

🏢 C&B Law Firm

C&B Law Firm – Litigation Lawyer in Istanbul, Turkey

From its office in Istanbul, Turkey; C&B Law Firm handles civil cases for Turkish citizens and foreign clients in Turkish and English. The cases we handle as a litigation lawyer in Turkey include agency and distributorship disputes, complex commercial cases, property and rental cases, employment disputes, product liability cases, the recognition and enforcement of foreign court judgments in Turkey, and debt enforcement and bankruptcy proceedings.

Our services are not limited to Istanbul; we handle cases before the courts of Istanbul first, as well as Ankara, Izmir, Antalya, Bursa and other cities in Turkey. We handle cases in Istanbul before the relevant courts, mainly at the Çağlayan, Bakırköy and Kartal (Anatolian) courthouses. Every file is run under the supervision of our partners; possible risks and options are shared openly with the client from the start.

❓ Frequently asked questions

Frequently Asked Questions About Litigation Lawyers in Turkey

Do you only handle cases in Istanbul?

No. Although our office is in Istanbul, we handle cases before courts all over Turkey, Istanbul first among them. Under Turkish law, lawyers can file and pursue cases anywhere in the country, regardless of the bar association they belong to. We follow your file in whichever city your case is heard, and hold meetings in person or online.

Do I need to be in Turkey or attend the hearings for my case?

As a rule, no. The lawyer you give a power of attorney to files the case, attends the hearings and follows the expert examination and site inspection. If you are abroad, you can give the power of attorney at the Turkish consulate in your country or before a local notary public with an apostille. If the court decides to hear you in person, or a step requiring your personal attendance such as an oath arises, you are told in advance; we can hold our meetings through online legal consultation.

How long does a civil case take in Turkey?

The length depends on the type of case, the court’s workload, whether an expert examination or site inspection is needed, and whether the judgment goes through the regional appeal and Court of Cassation stages. The mandatory mediation stage before filing also adds to the total time. A precise duration therefore cannot be given; your litigation attorney will give you a realistic timeline after reviewing your file.

Is mediation mandatory before filing a lawsuit in Turkey?

In many disputes, yes. In matters such as commercial debt and compensation claims, employment disputes, disputes arising from a lease and the ending of joint ownership, applying to a mediator before filing is a condition for the lawsuit; a case filed without meeting it is dismissed on procedural grounds. Whether a dispute falls within this rule should be assessed before the mediation application.

Who pays the costs if I lose the case in Turkey?

As a rule, the litigation costs and the other side’s legal fee calculated under the tariff are charged to the losing party. If the claim is partly accepted, the costs are shared according to how far each party succeeded. That is why the risks and the likely cost of a case should be assessed together before filing.

Can a foreign court judgment be enforced in Turkey?

Yes, but for a foreign court judgment to take effect as a final judgment or to be enforced in Turkey, a recognition or enforcement decision must be obtained from a Turkish court. For example, the recognition of a foreign divorce judgment is done this way.

Do you provide services in English?

Yes. We hold meetings, correspondence and updates on the case with our foreign clients in English; all documents submitted to the court are prepared in Turkish, and the necessary translations are made by sworn translators.

ℹ️The information on this page is for general information only and does not replace a legal opinion on a specific case. As every dispute has its own circumstances, we recommend that you have your situation assessed by a lawyer to avoid any loss of rights.

✉️ Contact

Contact a Litigation Lawyer in Turkey

C&B Law Firm

Whether your case is heard in Istanbul or any other city in Turkey, you can request an appointment through our contact channels for a legal assessment. Meetings with clients outside Istanbul or abroad can also be held online.

Bar registration numbersAtt. Şura Çokgör – Istanbul Bar Association, Reg. No: 41883
Att. Orbay Çokgör – Istanbul Bar Association, Reg. No: 43403
📍AddressEsentepe Mah. Keskin Kalem Sok.
Arya Plaza No: 17/4, 34381
Şişli / Istanbul, Turkey
✉️Emailinfo@cbhukuk.com
🕑Working hoursMonday – Saturday
09.00 – 18.00

Book an Appointment›