HOW TO WIN A CASE IN TURKEY?

Winning a legal case in Turkey, like in any other country, requires careful preparation, strategic legal actions, and adherence to the law. While outcomes depend on the specifics of the case, here is a general guide to improve your chances of success in a Turkish legal system:

1. Understand the Case Type

• Determine whether your case is civil, criminal, administrative, or commercial, as the procedures, laws, and strategies differ.

• Civil cases: These involve disputes between individuals or entities (e.g., contract disputes, property disputes).

• Criminal cases: These involve offenses against the state or individuals (e.g., theft, assault).

• Administrative cases: These involve disputes with government authorities or public institutions.

• Commercial cases: These pertain to businesses or commercial transactions.

2. Hire an Experienced Lawyer

• Choose a specialized lawyer: Select a lawyer who specializes in the area relevant to your case (e.g., criminal, civil, family law, etc.).

• Legal consultation: Consult with your lawyer before proceeding to understand your rights, the likelihood of success, and the best strategy.

• Trust and communication: Establish a good working relationship with your lawyer. Be transparent and provide all relevant information, even if it might be uncomfortable.

3. Gather Strong Evidence

• Collect evidence: Evidence is key in any legal case. This includes documents, photos, recordings, witness statements, and other proof that supports your claims.

• Witnesses: If applicable, find credible witnesses who can testify in your favor. Their testimony can be invaluable.

• Experts: In some cases, experts (e.g., medical experts, financial analysts) may be needed to strengthen your argument.

4. Understand Turkish Law and Procedures

• Familiarize yourself with the relevant laws: Your lawyer should guide you through the laws that apply to your case, but you should also try to understand the basics of the law in Turkey to be well-informed.

• Court system: The Turkish legal system includes the Civil Courts, Criminal Courts, Administrative Courts, and specialized courts for certain cases (e.g., family courts). Know which court will handle your case.

• Statutes of limitations: Be aware of the time limits within which you must file your case, as missing these deadlines can result in the dismissal of your case.

• Documents: Ensure that all documents required by the court are properly prepared and submitted on time.

5. Prepare for Court

• Prepare your case: Work closely with your lawyer to prepare your arguments, documents, and witnesses.

• Presenting your case clearly: In court, ensure that you or your lawyer present the facts in a structured and clear manner. Avoid irrelevant details that may confuse the judge.

• Legal strategy: Your lawyer should build a solid strategy based on the evidence, legal precedents, and the interpretation of Turkish law.

6. Follow the Procedure

• Court hearings: Attend all court hearings on time. Missing hearings or failing to meet deadlines could negatively impact your case.

• Be respectful: Maintain a respectful demeanor towards the judge, opposing party, and their legal representatives. A professional attitude can influence the perception of your case.

• Legal deadlines: Stick to deadlines for submitting documents, filing appeals, and taking any required actions. Failure to adhere to deadlines can result in the dismissal or delay of your case.

7. Negotiation and Mediation

• Alternative dispute resolution: Before going to court, some cases can be resolved through mediation or negotiation. In some civil cases, mediation is mandatory in Turkey, and this process can lead to an amicable settlement.

• Settlement: If the opposing party offers a settlement, consider it with the help of your lawyer. Settling may be quicker and less costly than going to trial, but be sure it serves your interests.

8. Appeals Process

• Understand the appeals process: If you lose in the first instance, you can usually appeal the decision. In Turkey, there are Courts of Appeal (Yargıtay) that review cases.

• Grounds for appeal: You can appeal a verdict based on errors in the application of the law, factual errors, or procedural violations.

• Appeal deadlines: Be aware of the deadlines for filing an appeal, as missing these deadlines can result in the loss of your ability to contest the decision.

9. Costs and Court Fees

• Court fees: In Turkey, there are court fees that must be paid at the time of filing a lawsuit. These fees depend on the type and value of the case.

• Attorney fees: Lawyers in Turkey charge fees based on an hourly rate or a fixed rate for handling your case. You should agree on fees upfront.

• Winning and losing costs: If you win the case, you may be entitled to recover your legal fees from the losing party. However, this depends on the case type and court ruling.

10. Patience and Persistence

• Court delays: Be prepared for potential delays in the Turkish court system, as cases may take months or even years to conclude, depending on the complexity.

• Stay persistent: The legal process can be slow and challenging, but stay persistent and trust your lawyer’s guidance throughout the process.

Conclusion

While no one can guarantee a win in any legal case, following these steps and working with an experienced lawyer can significantly increase your chances of success in Turkey's legal system. Make sure to gather strong evidence, stay patient, and adhere to the legal process.