margaret

Hello I wondered if you could advise me the law office we have given power of attorney to and have paid in full has decided to close their local offices and no longer deal with our files we can however use another attorney recommended by them at extra cost to ourselves. this involves a lot of clients and caused a lot of worry,they have given thirty days notice but do not answer our emails are we entitled to any compensation from this firm as most of us are just waiting for our Deeds,any information would be much appreciated . With Thanks Margaret.

Hi,
If the termination of the contract (the one between you and your lawyer) does not depend on any valid grounds, (closure of local offices is not a valid ground) you may be entitled to compensation including attorney fees and the loss caused by invalid termination.

Regards,

Selcuk Argun
Attorney at Law

Thank you Selcuk for your quick reply, our contract is with the main law firm but they have ceased business with the subsidiary firm they were using leaving us all high and dry.We still have had no reply to our questions and our thirty days notice is running out this is very worrying as we are thousands of miles away.Do you have any suggestions as to how we can move forward with this .With Thanks Margaret.

hi,
first of all, according to Turkish Law, lawyers can not establish firms. They must prctice individually and they are also responsible from their actions individually. There is no legal entitiy as "Law Firm" in Turkish Law. What I am trying to say that the lawyer that you have made the contract with and the one that you made the payment to (briefly the one wwhose name is written on the "power of attorney" is responsible of solving your legal problems.
Also a lawyer can not establish more than one office in Turkey. He can have just one office. What I understand from your inquiry is that you gave a power of attorney to a lawyer in a major town and your lawyer authorized another one (the local office).Your Lawyer's ceasing business with the subsidiary office does not cancel your contract with your lawyer. He is still responsible to you.
But this advice depends on assumptions. You need to give more specific details about your relation with your lawyer.( the one you gave the power of attorney , the one that sent you the notice etc.)

Then I can advice more.

Selcuk this is difficult to explain without naming the solicitors involved that is why I have used the term law firm.When buying our property we were taken to a solicitor's office were contracts were singed and power of attorney was set up, although this office was was called X we were told they were a subsidiary of Y whose head office is in Istanbul. All our legal documents are with Y and our power of attorney is a director of Y. We checked out Y and found it to be a very reputable company in Turkey and thought we had made the right choice. Payment was up front and in full £826 GBP including VAT this was paid to X . We believe Y should honour their part of the contract but as I have said they are not answering any of our requests. Margaret.

well, this gets even more interesting. here are some facts;

1. you can not set up a power of attorney in a solicitor's office. It has to be done in Notary Public.

2.Even if we assume that the power of attorney is valid, I understand that you gave it to the lawyer "Y".

3. you did not give any money to "Y"

4. you gave the money to "X" who is not authorized by you (with power of attorney)

The consequences are :

"Y" is not responsible for solving your legal problem because he did not receive any money from you.
"X" got the money but he also has no responsibiltiy because he has not received power of attorney.

If you have a contract signed by "Y" which states that "Y" is responsible for solving your legal problems, and also "y "accepts the payment to be done to "X" then you can claim "Y" to solve the problem. otherwise you can only claim your money back from "X".

If I were you I would hire another independent lawyer to solve this problem otherwise your loss may get bigger.

Thank you Selcuk I can tell you that power of attorney was notarized in the public notary office in Didim and that Gokkilic are most definitely our power of attorney they would not have contacted us giving notice to quit if they had not been. We also have a letter from them stating that they are pleased to provide the legal services we require in the acquisition of our selected property title they then go on to list these services in full. What advice I would like from you if you would be so kind is what rights do we have . As for going to a independent solicitor were could we find one of those we thought we had the best. With Thanks Margaret

What is the law about a building (Artev)company breaking into your property to remove all the furniture, that said was there's without permission from the owners.

Alıntı: Yazan Konuk What is the law about a building (Artev)company breaking into your property to remove all the furniture, that said was there's without permission from the owners.

Care to elaborate a little more?