The Legal Duty of Public Officials to Cooperate with Attorneys in Turkey

Foreigners navigating legal or bureaucratic procedures in Türkiye often face obstacles when dealing with public institutions. Many report feeling neglected or taken lightly by public officers when they act alone. However, when represented by a licensed Turkish attorney, these same institutions become more responsive and cooperative. This transformation is not a coincidence—it is rooted in Turkish law.

Avukatlık Kanunu (Attorneyship Law) Article 2/3: A Legal Obligation

According to Article 2, paragraph 3 of the Attorneyship Law No. 1136, all public institutions and officials in Türkiye are legally required to assist attorneys in the execution of their professional duties.

"Yargı organları, emniyet makamları, diğer kamu kurum ve kuruluşları ile kamu iktisadi teşebbüsleri, özel ve kamuya ait bankalar, noterler, sigorta şirketleri ve vakıflar avukatlara görevlerinin yerine getirilmesinde yardımcı olmak zorundadır."

Translated:

"Judicial bodies, law enforcement authorities, public institutions and enterprises, private and public banks, notaries, insurance companies, and foundations are obliged to assist attorneys in the performance of their duties."

This means that when an attorney requests a document, demands access to a file, or needs clarification regarding a bureaucratic procedure, the public official must cooperate.

What This Means for Foreigners in Practice

Foreigners often struggle with bureaucracy due to language barriers, lack of legal knowledge, or prejudiced attitudes from government employees. Unfortunately, it is not uncommon for a foreigner to be ignored or misdirected.

However, when a lawyer steps in with an official power of attorney, the situation changes. Public officers recognize that they are now dealing with a professional who knows the law and whose authority is protected by legislation. This often leads to:

• Faster and more accurate information

• Access to documents that might otherwise be withheld

• Immediate appointments or prioritization

• Reduced chances of arbitrary rejection

Supporting Case Law: Council of State Decision

The importance of this obligation was emphasized in a precedent-setting Council of State (Danıştay) First Chamber decision (Case No: 2002/26, Decision No: 2002/52). The court ruled that denying an attorney’s request for information related to their duties is unlawful and contradicts the Attorneyship Law.

This ruling protects lawyers from bureaucratic resistance and indirectly protects foreigners who rely on lawyers to act on their behalf.

Example: A Foreigner's Bank Account Blocked

A foreign national had their Turkish bank account frozen without prior notice. When they attempted to resolve the issue themselves, the bank refused to share details, citing vague internal policies. However, once the client gave power of attorney to a Turkish lawyer, the bank immediately disclosed the reason: a misunderstanding related to a tax issue, which the lawyer resolved within 48 hours.

Why You Should Hire a Lawyer in Türkiye

• Legal Force: Lawyers have the authority to access information and documents you cannot.

• Faster Resolution: Bureaucratic delays are significantly reduced.

• Protection Against Abuse: Lawyers can identify and act against unlawful decisions.

• Language & Legal Expertise: They understand Turkish law and official procedures.

Conclusion

If you are a foreign national living in or doing business in Türkiye, working with a Turkish lawyer is not just helpful—it is often essential. The law mandates that public officials assist attorneys, a protection that does not apply to unrepresented individuals. This legal privilege can make all the difference in ensuring your affairs in Türkiye are handled correctly, efficiently, and lawfully.

At Bayraktar Attorneys, we specialize in representing foreign individuals and businesses, ensuring that your rights are protected at every step.