Legal aid and free lawyer service ensure that the legal system is more accessible and fair, allowing disadvantaged individuals in society to defend their rights effectively. These services play an important role in establishing the rule of law and justice.
Definition and Purpose of Legal Aid
Legal aid is a support provided by the state so that people with inadequate financial means can file a lawsuit, defend themselves in lawsuits, or cover all expenses required in legal processes. This assistance aims to guarantee people’s freedom to seek their rights and the principle of equality before justice.
Scope of Legal Aid and Free Lawyer Service
Legal aid covers a variety of legal proceedings:
- Provided in the process of bringing legal disputes to court or defending them in court.
- Court fees, expert fees, witness fees and other litigation expenses.
- Providing a lawyer to defend oneself or obtain legal advice.
Legal Aid Application Process
The application is made to the legal aid office or representatives of the bar association where the person resides.
Required documents
- Identity Document
- Income test certificate, pay slip, social assistance certificate, unemployment benefit certificate or similar documents.
- Legal aid request petition, letter and other documents clearly stating the subject applied for and the request.
Izmir Legal Aid – Free Lawyer
You can apply to the Izmir Bar Association Legal Aid Front Office within the borders of Izmir Metropolitan Municipality, and to Legal Aid Representatives (Bar Association Representatives) in the districts. With the decision of the Izmir Bar Association Board of Directors dated 01.12.2015 and numbered 55/20; Due to the acceptance of the Land Registry, Vehicle Registration, Mernis and SSI (4A, 4B, 4C) inquiries from legal aid applicants and the receipt of the printouts of lawsuits and enforcement files filed against them through E-Devlet, the relevant documents are inquired by the bar association upon request.
Evaluation process
After the application is made, if the relevant legal aid office or representative office decides that the applicant is unable to cover the costs of the case, the request is accepted.
If the application is accepted as a result of the evaluation:
- Case costs and fees are covered by the state.
- A lawyer is appointed free of charge for the applicant. This lawyer becomes the legal representative of the applicant in all processes of the case.
Free Lawyer Service
These services are organized and carried out through bar associations:
- Each bar association establishes a legal aid office, evaluates applications and appoints lawyers.
- The Bar Association selects and assigns the appropriate lawyer according to their areas of expertise. The appointed lawyer defends the applicant’s rights and carries out the necessary legal procedures.
- The lawyer provides services such as filing a lawsuit, making a defense, preparing petitions, attending hearings and providing legal advice.
Legal Basis
Legal aid and free legal services are based on various legal regulations:
- Constitution: Article 36 of the Constitution of the Republic of Turkey guarantees everyone’s right to a fair trial.
- Code of Civil Procedure (HMK): 334-340 of the Code of Civil Procedure No. 6100. The articles determine the procedures and principles of legal aid.
- Lawyers Law: Lawyers Law No. 1136 regulates the legal aid services of bar associations.
- Other Relevant Legislation: The Code of Criminal Procedure (CMK) and other legal regulations cover legal aid in criminal cases and other special cases.
