Practice Area · 11

Legal Consultancy

We provide ongoing and preventive legal advice so that risks can be identified before problems arise.

A preventive approach to law means that many disputes never arise. Through an ongoing advisory relationship, we bring a legal perspective to our clients' everyday decisions.

For corporate clients, we provide contract, regulatory compliance and process oversight; for individual clients, a clear and understandable assessment of their legal position.

Scope of Services

What we do in this area

  • 01 Ongoing (retainer) legal advice for companies
  • 02 Contract management and legal risk analysis
  • 03 Personal data protection (KVKK) compliance
  • 04 Preparation of legal opinions
  • 05 Drafting correspondence, formal notices and notifications
  • 06 Legal assessments and action plans for individual clients
Part 1

Scope of ongoing legal counsel

What is examined in a contract review?

The parties' authority, the scope of the subject matter, the place and time of performance, payment terms, and the sanction applicable in the event of delay are the first items examined.

Provisions on termination and rescission, contractual penalty, force majeure, confidentiality, and non-compete undertakings are also assessed. Disproportionate provisions carry a risk of invalidity.

The clauses on dispute resolution, competent court, and governing law are drafted at the final stage. These clauses directly affect the cost involved if a dispute arises.

What does an internal corporate compliance review cover?

Personal data protection, occupational health and safety, employee documentation, and commercial record-keeping order are the core headings of a compliance review.

Putting the authority and signature structure in writing reduces disputes over representation. Internal directives must be kept up to date.

Documenting the compliance work provides the basis for the defence in the event of an audit or dispute. It is important that the documents be dated.

In which situations is a written legal opinion requested?

A written legal opinion is requested before an investment decision, a new business model, a restructuring, or an important time-bound choice.

The legal opinion sets out the legal framework, the risks, and the options together. The decision is then made by the business within that framework.

The opinion being in writing leaves a record within the corporate decision-making process. This provides a basis for any later assessments.

How are formal notices and other communications managed?

Notices must be given by the method set out in the contract and within the applicable time limit. A notice given by a different method gives rise to a dispute over its validity.

The choice among a notary, registered mail, telegram, or registered electronic mail is made according to the need for proof.

The text of the notice must clearly state the demand, the time limit, and the legal remedies to be pursued once that time limit expires. Vague wording weakens the outcome.

Part 2

Notices and the power of attorney

What authority should a power of attorney include?

A general litigation power of attorney is sufficient for most matters, but certain acts require special authority. Settlement, release, waiver of the claim, and acceptance fall within this scope.

For land registry transactions, company incorporation, and banking transactions, specific special-authority clauses must also be included. Missing authority prevents the transaction from being carried out.

For powers of attorney issued abroad, an apostille or consular certification is required. Missing translation or certification delays the process.

How is confidentiality protected between lawyer and client?

The lawyer's duty of confidentiality continues even after the relationship has ended. This duty is explicitly set out in professional regulations.

Secure methods must be used when sharing case file documents. Registered electronic mail and encrypted sharing are preferred.

Any sharing with third parties must be within the client's knowledge. This is required by both the duty of confidentiality and data protection obligations.

How is work with corporate clients carried out?

The communication channel and the authorized contact person are determined from the outset. Recording which channel a request came through makes prioritization easier.

Regular file reporting is carried out, and a calendar is kept for time-bound matters. This shortens the decision-making time within the organisation.

At year end, a file inventory and risk assessment are shared. This makes recurring sources of dispute visible.

Part 3

Confidentiality, corporate work and process

For which matters is a separate power of attorney required?

Conducting litigation and enforcement proceedings, and representation before courts and official authorities, require a separate power-of-attorney relationship to be established. The advisory scope does not automatically include these.

Setting out the scope in writing provides clarity both for carrying out the work and for calculating the fee.

Confirming the authority and scope before a new file is opened prevents loss of time. It is recommended that this confirmation be made in writing.

Which documents should be prepared before seeking legal support?

The contract, invoices, payment records, correspondence, and any official notifications should be organised in chronological order. Documents without a date are treated as incomplete.

If the summary of events is written briefly and in date order, the assessment moves faster. Stating what outcome is being sought is also helpful.

If there is a time-bound notification, it should be highlighted first. Missing time limits produces consequences that are difficult to remedy afterward.

What does ongoing legal advisory service provide?

In ongoing advisory work, contracts are reviewed before signing, notice and termination processes are carried out within their time limits, and risk is reduced before a dispute arises.

This way of working aims to reduce the number of files that reach the litigation stage. Its most concrete contribution is preventing the loss of time-bound rights.

The scope is determined in writing. Which matters fall within the advisory scope and which require a separate power of attorney must be set out from the outset.

Frequently Asked Questions

Common questions on Legal Consultancy

What is a formal notice, and when must one be sent?

A formal notice is an official communication to the other party for the exercise of a right or performance of an obligation, generally served through a notary. Under Article 117 of the Turkish Code of Obligations (TBK), notice is required to place a debtor in default where no specific due date was agreed; in some cases, such as non-payment of rent (TBK Art. 315), the law specifically requires notice. A formal notice also serves as evidence in any future dispute.

What should be considered before signing a contract?

The identity and authority of the parties, a clear definition of obligations and payment terms, termination and penalty clauses (TBK Arts. 179-182), and the jurisdiction or arbitration clause for disputes should be reviewed carefully. Failure to comply with form requirements imposed by law for certain contracts may render the contract invalid. The specific circumstances must be assessed on a case-by-case basis.

What is the general limitation period for receivables?

Under Article 146 TBK, unless otherwise provided by law, all claims are time-barred after 10 years. Article 147 TBK provides a 5-year period for certain claims, such as rent, interest, and claims arising from agency and work contracts. Limitation is not taken into account by the judge ex officio; it must be raised by the debtor.

What is a legal opinion and what purpose does it serve?

A legal opinion is a written assessment of the legal position regarding a specific event or transaction, based on a review of the relevant legislation, case law and legal doctrine. It helps companies identify risks in advance in their decision-making and helps individuals understand their rights and available courses of action. Expert opinions may be submitted to the court file under Article 293 of the Code of Civil Procedure (HMK).

Which documents should be prepared before meeting a lawyer?

Contracts, correspondence, invoices, served notifications, formal notices, court or enforcement office documents and a short chronological summary of events make the meeting more productive. Knowing the dates of service is particularly important for calculating statutory deadlines. Information shared with a lawyer is covered by the duty of confidentiality under Article 36 of the Attorneyship Law.

Answers are for general information; each matter requires individual assessment.

The KCD Approach

The right outcome starts with the right analysis.

Bir dosya bize geldiğinde önce neyle karşı karşıya olduğumuzu çıkarırız. Hangi süreler işliyor, hangi belgeler eksik, karşı taraf hangi adımı atabilir — bunlar bilinmeden strateji kurulmaz.

01 Dosyayı okumak

Sözleşmeleri, yazışmaları ve varsa önceki dosyaları inceleriz. İşleyen zamanaşımı ve hak düşürücü süreleri, eksik belgeleri ve delil durumunu baştan tespit ederiz.

02 Yolu seçmek

Dava, icra takibi, arabuluculuk veya müzakere — hangisinin ne kadar sürdüğünü, ne masraf çıkardığını ve olası sonuçlarını karşılaştırırız. Kararı birlikte veririz.

03 Süreci yürütmek

Duruşma, tebligat ve süre gelişmelerini takip eder, sizi bilgilendiririz. Koşullar değiştiğinde — karşı taraf beklenmedik bir adım attığında ya da içtihat kaydığında — yaklaşımı gözden geçiririz.