CAN A LAWYER ASSIGNED TO DUTIES SUCH AS LEGAL AID, CMK UNDER THE LAW ON ADVOCACY REFRAIN FROM PERFORMING THE TASK?

04 Oct CAN A LAWYER ASSIGNED TO DUTIES SUCH AS LEGAL AID, CMK UNDER THE LAW ON ADVOCACY REFRAIN FROM PERFORMING THE TASK?

With the acceptance of a request for legal assistance, one or several lawyers are assigned to perform and carry out the necessary work and procedures. A sample of the assignment letter is also provided to the requester and he is asked to contact the assigned lawyer along with the necessary information, documents and power of attorney. The assigned attorney appointment, and the concerned Information, documents and power of attorney, Legal Aid is rejected if the prompt for the job of receiving a mandatory expense advances fall under the obligation to fulfill the services of the attorney. Article 179/3 of the Law on Lawyers: “If the appointed lawyer also wants to hesitate to do this job, he must pay the fee set out in the tariff for this job to the bar within fifteen days from the date of notification of the duty to him.” In accordance with the provision of the law; A lawyer appointed to the post of Legal Aid may hesitate to perform the task within fifteen days from the date of notification of the task to him, but he must pay the fee specified in the tariff for that job to the bar association.

Ankara Bar Association CMK Implementation Center Directive Articles 19/4 and 19/5: “Dismissal from duty occurs only under the conditions set out in the law. The dismissed lawyer shall immediately notify the CMK Application Center of this situation in writing. These notices contain information about the case, the grounds for withdrawal, the minutes of the hearing and the day of the next hearing. The responsibility of the lawyer continues until the Presidential Court makes a decision on the request. A lawyer cannot voluntarily resign from office unless he has a valid excuse. The lawyer shall notify the CMK Executive Board of the request for dismissal in writing and in a reasoned form. If the request for dismissal is accepted by the CMK Presidential Court for reasons based on valid excuses other than the mandatory withdrawal cases considered in the law, the lawyer who is dismissed from the position is not paid a fee.”
TBB /Court Administration ARTICLE 6/d) If the appointed lawyer wants to withdraw from doing this job for a justified reason, within fifteen days from the date of notification of the task to him, he will bar the fee for this job determined in the tariff
he can be dismissed by paying. The obligation of the appointed lawyer is to ensure that the requester can view the service
it ends with the failure to provide the necessary documents and information, as well as mandatory trial expenses other than the attorney’s fee, or refrain from issuing a power of attorney. The appointed lawyer, without delay, notifies the legal aid office or his representative office, which appoints him, of this situation. In the assignment, the statements of lawyers regarding the areas of their professional activity are taken into account. The appointed lawyer is obliged to follow the work until the end in accordance with the provisions of the Law on Advocacy No. 1136. Further litigation and enforcement, even if there is a connection and relationship
follow-up or similar legal actions are not accepted within the scope of the job subject to the task. Within the scope of CMK; Defense attorneys, with a justified excuse on the date they were assigned to the lists
despite the fact that they reported that he could not take office, the line of duty passes to the next-in-line defender. Although it is their turn to defend the duty, this duty is justified
they have the right to postpone it 3 times if they have excuses. In case of such postponements, there will be no change in the position of the defender in the ranking. But 3rd. after the postponement, the request
the defender who refuses is placed in the last row of the list, and if he refuses the request again when the turn comes to him, he will be removed from the list until the next list is created. Of counsel
his term in the courts ends with an appeal of the decision. However, in decisions overturned by the Supreme Court, the case is reported to the Bar Association by the defense attorney. At the end of the case, the defender has to give every court decision taken to the Bar Association. In cases where, according to the applicable laws, it is necessary to withdraw from the position or refuse the job, the situation is immediately written to the CMK service
in addition, these notices contain information about the case, the minutes of the hearing, the next day of the hearing and the grounds for withdrawal. Otherwise, the responsibility of the defender
it takes. The duty of the withdrawn defender continues for another fifteen days. Immediately beat the place of the lawyer who withdrew from the bar
i will appoint a defender. When a new defense attorney is appointed, it is not necessary to wait 15 days for his withdrawal.