Table of Contents
What is lawyer? and How to Become a Lawyer?
How to Become a Lawyer?
In order to become a lawyer, it is necessary to graduate from a 4-year law school that provides legal education. After a one-year legal internship, the first step in the profession is taken by obtaining a license. Every lawyer licensed to practice law must be registered with a bar association. There is one bar association in each province. Lawyers can practice their profession only by registering with a bar association in a province. Since independence is very important in the legal profession, the relationship between bar associations and lawyers is not a subordinate relationship. Bar associations strive to ensure professional solidarity among lawyers, to protect the rights of lawyers and to ensure that the legal profession is fulfilled in accordance with its function.
What is Trainee Lawyer? How Long Does the Law Internship Take?
If every student who graduates from law school wants to be a lawyer, he has to do a one-year internship after graduating from the faculty. A person who does a legal internship for 1 year is called a trainee lawyer. The first 6 months of the legal internship are held at the courthouse in various courts, and the second 6 months are held with a lawyer work who has completed 5 years. After completing his legal internship, the trainee lawyer registers with the bar and starts to use his legal rights and powers.
Some Principles of the Law Profession
The lawyer should be transparent while practicing his profession and should inform his client about all the stages of his work. Upon the client’s request, a copy of all documents in the case file should be provided. The lawyer should inform his client about the possible consequences of the case, as well as his legal opinion on the course of the case.
Lawyer’s Obligation of Confidentiality
A lawyer must keep any information about his client confidential. The legal profession is based on mutual trust. Therefore, the lawyer has to keep secret everything he learns about the case. The attorney’s obligation to keep confidential also includes refraining from testifying against his client. Keeping the secrets learned through the legal profession is indefinite. Even if the lawyer leaves the profession, he cannot disclose the secrets of the client.
Attorney Is Not A Party To The Case
A lawyer is not a party to the case. While defending his client, he pays attention to legal measures and courtesy, and avoids attitudes that may make him appear as a party to the case. Lawyers operate on the legal side of the defense, and should carefully avoid words and actions that fall outside the defense during the trial. The lawyer should stay out of the conflict and hostility of the parties due to the case. Thus, it increases the chance of finding a solution by approaching the issue objectively.
Prohibition of Acquiring Controversial Rights of a Lawyer
A lawyer may not acquire contested rights in any business or litigation he undertakes. What is meant by contested rights is the rights that are subject to litigation between the parties. A lawyer cannot accept a job in return for the granting of a part of the property or right that is the subject of the lawsuit. The prohibition of acquiring contentious rights is lifted when the lawyer withdraws from work, dismisses or ends the work undertaken by the lawyer.
Lawyer’s Interests in the Same Case Prohibition of Defense of Opposing Parties
What is lawyer? and How to Become a Lawyer? A lawyer cannot defend parties with opposing interests in the same case. Of course, advocating for both the plaintiff and the defendant in the same case prevents the judicial truth from being found. Even if the lawyer resigns from the attorneyship of the party he is defending, he can no longer act as the attorney of the other party. Otherwise, trust in the profession will be damaged, as he knows all the secrets of the side he has defended before.
Likewise, in criminal cases, the same lawyer cannot defend suspects or defendants who have opposing interests. For example, if one of the two people who commit a crime together declares that the crime was committed by the other person, the same lawyer can no longer defend these two people.
Lawyer is Independent
A lawyer acts with complete independence while exercising his profession. He should not accept work that would harm his independence. If the client’s demands regarding the job undermine the independence of the lawyer, he should refuse the job.
The lawyer is independent against all kinds of judicial, administrative and legislative bodies, as well as against his own professional organization, the bar association. The lawyer’s relationship with the bar association is not a subordinate-superior relationship. The bar association cannot instruct or suggest aWhat is lawyer? and How to Become a Lawyer? regarding a concrete business or case.
Standards of the Legal Profession and Havana Rules
Basic Principles on the Role of Lawyers (Havana Rules) is an important document that sets international standards for the legal profession. Since the Havana Rules were adopted at the UN conference held in Havana on 27 August-7 September 1990, they also shed light on national regulations regarding the legal profession. The Havana Rules contain guiding principles on many issues related to the right of access to lawyers and legal services, qualifications and training of lawyers, assurance mechanisms of legal practice, freedom of expression of lawyers, their organization, and disciplinary law.
Defense Function of the Lawyer before Administrative Institutions
A lawyer performs the function of defending his client in all kinds of administrative institutions. Administrative institutions; ministries, institutions affiliated to the prime ministry, land registry directorates, all general directorates, municipalities, governorships, district governorships, etc. such as institutions. In these institutions, when citizens need professional help due to lack of legal knowledge, they can perform all kinds of work and transactions through a lawyer.
Lawyer’s Defense Function Before Judicial Institutions
What is lawyer? and How to Become a Lawyer? Judicial institutions, courts, prosecutor’s office and judicial process can be counted as police or gendarmerie.
When it is reported that a person is under suspicion of crime, the lawyer defends that person as a guarantee of his right to defense. If a person is suspected of crime, legal assistance of a lawyer is an important guarantee for fundamental rights and freedoms. Because criminal proceedings may lead to state intervention in fundamental rights and freedoms. Whether this intervention is necessary and the role of the lawyer with the defense function in the process of legalizing the intervention is of vital importance.
What is lawyer? and How to Become a Lawyer? In criminal cases, the lawyer can defend the accused, that is, the person on trial, as well as the complainant or the victim who has been harmed by the crime, provided that they are not in the same case. The lawyer may participate in the lawsuit as the attorney of both the creditor and the debtor, provided that they are not in the same lawsuit. In divorce cases, the lawyer may act as the attorney of both the plaintiff and the defendant, provided that they are not in the same lawsuit.
As a rule, the lawyer can do all the actions that can be done before the client is ready in court. For some transactions, the client must be present in person. The lawyer alone can manage the entire process, except for the procedures where the client must be present.
A lawyer is not a person who knows every legal issue. A lawyer is a person who tries to solve the problem that comes before him and reproduces the law while solving this problem. The legal profession can also be called the art of problem solving.
Criminal Lawyer, Divorce Lawyer, Compensation Lawyer etc. in the Legal Profession. Are there such branches?
What is lawyer? and How to Become a Lawyer? There are many different approaches to the legal profession in the world regarding branching. While some countries prefer to specialize in a certain field, some countries define the professional activity as a more general activity by giving the What is lawyer? and How to Become a Lawyer? the authority to enter all kinds of lawsuits.
Specialties such as U.S. Criminal attorney, divorce attorney, or real estate attorney are not available. A Lawyer practicing law in Turkey can take any kind of lawsuit. However, in the colloquial language, people call the lawyers involved in criminal cases as heavy criminal lawyers, lawyers in divorce cases as divorce lawyers, and lawyers in real estate cases as real estate lawyers.
Is There an Age Limit or Seniority in the Lawyer Profession?
What is lawyer? and How to Become a Lawyer? Being a lawyer is a self-employment in the nature of a public service. Therefore, there is no age limit. However, we do not find it right that there is no age limit in the profession. We recommend that lawyers practice law until a certain age, and only work as a consultant lawyer after a certain age limit. Thus, some practical problems arising from the age limit will be solved.
There is no seniority in the legal profession. In other words, there is no difference between a What is lawyer? and How to Become a Lawyer? who has just started his profession and a lawyer of 30 years in terms of rights and powers.