The Process of Filing a Lawsuit in Türkiye and the Role of the Lawyer
Filing a lawsuit is the most basic way to seek justice in the legal system. However, each step of this process is subject to certain legal rules and procedures. The person in the position of plaintiff or defendant must carry out this process correctly. The litigation process consists of many technical stages such as preparing the petition, collecting evidence, attending hearings and following court decisions. In all these processes, the lawyer acts not only as a legal representative but also as a strategic guide.
Is It Mandatory to Hire a Lawyer? In Which Cases Is It Required?
In Türkiye, every individual has the right to file and defend their own lawsuit legally. However, representation by a lawyer is mandatory in some cases. For example, in the appeal stages heard in the Court of Cassation and the Council of State, in commercial cases exceeding a certain limit, and in some decisions of the enforcement courts, a lawyer is mandatory. In Antalya, it is possible to file a lawsuit without a lawyer in the courts of peace and civil courts of first instance. However, if the support of a lawyer is not received, even a small mistake can cause the case to be lost.
Common Problems in Lawsuits Filed Without a Lawyer in Antalya
The most common problem encountered in cases filed without a lawyer is the deficiencies in the petition. A petition that is written incorrectly or does not contain evidence may be rejected by the court on procedural grounds. Especially in the busy courthouse traffic in Antalya, such deficiencies are not quickly overlooked. Procedural errors such as failure to present evidence, applying to the wrong court, and showing the wrong opponent are also quite common.
In Which Cases Is It Riskier to Act Without a Lawyer?
Real estate cases, family law cases such as divorce and custody, commercial receivables and debts are the riskiest cases when conducted without a lawyer. In Antalya, especially deed cancellation and registration cases are frequently rejected or result in incomplete decisions because they require technical knowledge. In such cases, creating a strategy, presenting evidence, calling witnesses and making an effective defense requires a highly professional approach.
Is It Really Advantageous to File a Lawsuit Without a Lawyer in Terms of Time and Cost?
At first glance, filing a lawsuit without a lawyer may seem like an expense. However, a wrong move during the process can lead to greater costs. For example, if the petition is faulty, a new lawsuit must be filed. If the evidence period is missed, the court cannot decide in your favor even though you are right. Such examples are common in Antalya. Moreover, if you lose the case, you will have to pay the other party's attorney fees and litigation expenses . In other words, a decision that seems like a gain in the short term can turn into serious losses in the long term.
Approach of the Courts to Parties Without Lawyers in Antalya
Every court keeps an equal distance from the parties. However, it is not legally possible for the courts to provide guidance for parties without lawyers. In other words, the judge cannot tell you to "present this evidence" or "defend like this". In local practices in Antalya, there are many examples of cases being dismissed without delay for people without lawyers who make procedural errors. The margin of tolerance is quite limited due to the speed and intensity of the courts' proceedings.
Practical Difficulties for Those Filing Lawsuits Without a Lawyer
Technical problems such as not knowing the legal language, relying on incorrect articles, and not being able to collect evidence are frequently encountered when writing a petition. Missing notification periods, not following interim decisions, or not exercising objection rights in a timely manner also lead to serious problems. Due to such practical difficulties in Antalya, many people lose their cases or the process is prolonged even though they are right.
Bar Association Support and Legal Aid Opportunities in Antalya
Antalya Bar Association provides free legal support to citizens in need in certain cases. In particular, individuals without income can apply for legal aid and be exempt from court fees and can conduct the process with a lawyer appointed by the bar. This system is very important in terms of facilitating access to the case. Bar support service is actively provided especially in cases such as women's rights, child custody, and domestic violence.
What is the probability of winning a case filed without a lawyer?
When the Supreme Court decisions are examined, it is seen that a large portion of the cases filed without a lawyer are overturned due to procedural errors. Local courts in Antalya report that the party represented by a lawyer, especially in real estate and commercial cases, gains more. This reveals how important it is to manage the case with professional legal support.
Legal and Financial Consequences of Filing a Wrong Lawsuit
In unfairly filed lawsuits, the other party may request moral compensation or attorney fees . In addition, expenses such as fees, postage, and expert fees are incurred for each lawsuit filed. If the case is lost, all of these expenses may be charged to the other party. In a process conducted without a lawyer, such losses are frequently experienced, and people lose both their time and money.
Advantages of Working with a Lawyer in Antalya
Working with a lawyer does not only mean writing a petition. It includes many tasks such as analyzing the file correctly, determining the strengths and weaknesses, strategically arranging the evidence to be presented to the court, and organizing the witnesses. The lawyer can also predict the moves of the other party and develop the defense strategy accordingly. A case managed by an experienced lawyer in Antalya ends in a shorter time and with higher success.
Most Curious Topics
If I write the petition incorrectly, will the case be cancelled? Yes, the case can be cancelled due to procedural errors in the petition.
How long does a divorce without a lawyer take? A contested divorce can take 1-2 years. A consensual divorce can be finalized in a few weeks.
Can a title deed cancellation case be filed without a lawyer? It can be filed, but it requires technical and legal knowledge. The risk of losing the case is very high.
Who pays the costs if I lose the case? All litigation costs, attorney fees and expenses of the other party will be your responsibility.
In which cases can I request a bar attorney? If you do not have income, you can request a free attorney from the bar in family, business, criminal and some administrative cases.
Is a lawyer required for mediation? Not required, but there may be a loss of rights in mediation meetings held without a lawyer.
Recommendations for a Safe and Successful Litigation Process in Antalya
First of all, get a brief legal consultation before filing a lawsuit. Many lawyers in Antalya offer a preliminary meeting with reasonable fees. Have knowledge of the legislation or have it checked by a lawyer when preparing a petition. Organize the evidence from the beginning, plan your witnesses, write your notification addresses correctly and carry out the process systematically from the beginning. If possible, if the case value is high or if the other party is receiving professional support, you should also proceed with a lawyer.