Complaints Procedure

CLIENT COMPLAINTS PROCEDURE

Please note that this complaints procedure is exclusively for the use of clients. If you are not a client and are unhappy with my conduct, please follow the separate Non-Client Complaints Procedure steps below.

Step One:

If they have not already done so, I ask my clients to let me know the full nature of the problem. I may ask the client to confirm their complaint or dissatisfaction in writing should they raise it with me in person or through the phone. 

I can be contacted here.

Step Two:

I will write to the client acknowledging their complaint within 5 working days of it being raised with me. In this letter, I shall confirm what happens next.

Step Three:

I shall then investigate the matter by reviewing your file within 5 working days of acknowledging receipt of the complaint. If, for some reason, the matter cannot be investigated in this timeframe, then I will write to the client notifying them of this, together with the reason why and giving a revised timescale.

Once the investigation has been completed, I shall send the client a detailed, written response, including the proposed solution, within 14 working days of sending the letter acknowledging receipt of the complaint, and write to the client within 5 working days of this interaction to confirm the discussion and the solution agreed upon.

Step Four:

I am permitted a minimum of 8 weeks to consider the complaint. If the client is satisfied with my response following the above steps, that will be the end of the matter. However, if the client is not satisfied or, for any reason, we are unable to resolve the problem between us within that time frame, then our clients are advised that they may ask the Legal Ombudsman to consider their complaint.

Step Five: 

If, for some reason, the complaint remains unresolved, I advise that my clients take this issue to the Legal Ombudsman. However, clients must always try complaining to me first in order to raise their issue with the Legal Ombudsman. In most cases they will not be able to take their complaint further without allowing us the opportunity to put things right. Not doing so may result in a refusal of your complaint by the Legal Ombudsman.

Clients are free to refer any complaint about my work, fees or level of service to the Legal Ombudsman. However, there are some conditions and time limits. Please be aware that any complaint to the Legal Ombudsman must usually be made within 6 months of the client having received a final written response from me about their complaint. Complaints to the Legal Ombudsman must usually be made within 6 years of the act or omission about which the client is complaining occurring; or within 3 years from when the client should have known about or become aware that there were grounds for complaint. The Legal Ombudsman will not accept complaints where the act or date of awareness was before 6 October 2010.

For further information, please contact the Legal Ombudsman here: 

www.legalombudsman.org.uk

0300 555 0333

PO Box 6806, Wolverhampton WV1 9WJ.

Alternatively, if you consider that I have breached a regulatory obligation, you may refer the matter directly to the Solicitors Regulation Authority (SRA) here: 

https://www.sra.org.uk/consumers/problems/report-solicitor/

report@sra.org.uk

0370 606 2555

Solicitors Regulation Authority The Cube, 199 Wharfside Street, Birmingham B1 1RN.

There are no time limits for making a report to the SRA but there are limits on what the SRA will consider. Please note that the SRA is not able to deal with issues of poor service. Therefore complaints of this nature should instead be referred to the Legal Ombudsman.

If it appears to a client that I have behaved dishonestly or failed to finish the work for which I have been paid, the client may be able to claim money from the SRA Compensation Fund to cover their loss.

NON-CLIENT COMPLAINTS PROCEDURE

If you believe that I have behaved dishonestly, illegally, in breach of the SRA’s principles, or you are dissatisfied with our conduct for some other reason and you are not a client, you should raise the subject with me. I may ask you to confirm your complaint or dissatisfaction in writing should you raise it with me in person or through the phone.

I can be contacted here.

The time limits for bringing a complaint to my attention are within 6 months of the event giving rise to your complaint, or within 3 months of you becoming aware of the circumstances giving rise to it, whichever is later. If you wish to complain about my service after the expiry of these time limits, you may still be able to make a complaint directly to the Legal Ombudsman, but I will not be obliged in those circumstances to consider your complaint under this procedure and you should contact the Legal Ombudsman to establish whether your complaint falls within the time limits of the Ombudsman’s scheme. Ordinarily, the time limit for making a complaint to the Legal Ombudsman is one year from the act or omission subject to the complaint, or one year from when you should reasonably have known there was cause for complaint.

I will let you know within 14 days of receipt of your complaint in writing how and in what timescale I propose to deal with your complaint depending on its nature, and in most circumstances I would expect that timescale not to exceed 28 days. At any stage if you are unhappy with the way in which I deal with your complaint, you may ask the Legal Ombudsman and/or the SRA whether they will investigate your complaint.  Both addresses are contained in the Client Complaints Procedure above. If you are legally represented in the matter giving rise to your complaint, please note that I will only correspond with your solicitor.

For further information about our complaints handling procedures, please do not hesitate to contact me.

If you believe that I have behaved dishonestly, illegally, in breach of the principles of the Union of the Turkish Bar Associations, or you are dissatisfied with my conduct for some other reason, you are free to raise the subject with me. My complaint handling procedure applies uniformly to both clients, and non-client individuals and businesses.

For the professional rules that I am required to follow, please see the Union of Turkish Bars Associations Code of Conduct. You can find it in Turkish at: https://www.istanbulbarosu.org.tr/docs/avukatlikhukuku/tbb_meslek_kurallari.pdf, or in English at https://defensewiki.ibj.org/index.php/Bar_Association_Rules_of_Professional_Conduct_-_Turkey.

I can be contacted here.

I will let you know within 14 days of receipt of your complaint in writing how and in what timescale I propose to deal with your complaint depending on its nature. In most circumstances I would expect that timescale not to exceed 28 days. At any stage if you are unhappy with the way in which I deal with your complaint, you may ask the Istanbul Bar Association to investigate your complaint. 

Alternatively, you may make a complaint directly to the Istanbul Bar Association within 3 years of the alleged actions (m.159 of the Attorneyship Law No 1136). Please note that there can be no disciplinary action against your lawyer after this.

You cannot make a claim via email or fax, or through the phone. You may only do so via post at:

Istanbul Barosu

Istiklal Caddesi, Orhan Adli Apaydin Sokak, No:2

Post Code: 34430

Beyoglu, Istanbul, Turkiye

Please note that for your complaint to be upheld, the law requires that it must:

1.be submitted via post;

2.contain complainant's name and surname, and correspondence address;

3.contain the context of the complaint; and 

4.be wet signed by the complainant, i.e physically signed with a pen. 

Any complaint that falls short or lacks one of these requirements will not be upheld. You may be required to pay a fee in advance between 10 to 200 TRY depending on the nature of your complaint and the extent of the Disciplinary Board investigation. In the event that the fee paid by you does not cover the investigation costs, you may be asked to pay additional amounts. Without any payment, the Board may decide for a stay until you pay the amount (m.161 of the Attorneyship Law No 1136).

I advise my clients to detail the chain of events and the dates as well as enclosing evidence if applicable. Your complaint will be assessed by the Disciplinary Board.

Please note that lawyers against whom the complaint has been made are given a platform to defend their actions by the Bar and if necessary, appeal the Disciplinary Board decision.

For further information about the Istanbul Bar Association complaints procedure, please visit https://www.istanbulbarosu.org.tr/MenuContentEN.aspx?ID=22.

For any other enquiry, please follow the contact details of the Istanbul Bar Association at:

+90 212 393 07 00

info@istanbulbarosu.org.tr

information@istanbulbarosu.org.tr

https://www.istanbulbarosu.org.tr