Sungur Law OfficeEnglish-speaking lawyer in Bodrum, Turkey

The best dispute is the one that never arises.

Legal work begins before a problem arises. Decisions made when signing a contract, buying property, establishing a partnership or making a payment shape the parties’ future rights and responsibilities. At this stage, the aim is to make the obligations being undertaken clear and to reduce uncertainties that could lead to a dispute.

• Drafting and reviewing contractsThe scope of the work, price, payment and delivery terms, security, liability, contractual penalties and termination provisions are considered together. The terms are reviewed for compliance with mandatory rules of law.
• Legal review before a transactionDepending on the transaction, the parties’ authority to act, property records, existing obligations and required permissions are investigated.
• Records and notificationsThe approach to recording payments, deliveries, changes and important notifications between the parties is established.
• Monitoring time limits and obligationsStages requiring renewal, termination, notification or an application are identified, with the aim of preventing omissions that could lead to a loss of rights.

The client can then proceed with a transaction knowing which obligations they are undertaking and which risks they may face.

The law arises from the facts.

A sound legal assessment starts with establishing what happened. The sequence of events, the parties’ conduct, payments, commitments and available documents are examined together. The client’s account is considered alongside the records in the file, and gaps and inconsistencies are identified.

• Establishing the events and the partiesHow the legal relationship began, the stages it passed through and when the dispute arose are set out chronologically.
• Examining documents and recordsContracts, correspondence, payment records, minutes, official records and electronic data are reviewed. The event that each document helps establish is identified.
• Assessing the available evidenceThe review considers who must prove each allegation, whether the available evidence is sufficient and whether it was obtained lawfully.
• Preserving evidence at riskWhere delay could make evidence harder to obtain, a court application to establish and preserve that evidence is considered if the legal requirements are met.

By the end of this stage, the facts supported by documents, the matters still requiring clarification and the information that needs to be obtained have been identified.

Grounds, not guesswork.

The legal significance of the established facts is researched. The client’s claim is assessed alongside the applicable legislation, relevant court decisions and available evidence. The review considers both the legal merits of the claim and the procedure and conditions for pursuing it.

• Legal characterisationThe nature of the relationship, the rights and obligations arising from it, the available claims and their legal requirements are identified.
• Procedure and time limitsThe appropriate court or authority, jurisdiction, procedural prerequisites, required preliminary applications, limitation periods and time limits that extinguish rights are checked against the circumstances of the matter.
• Comparing claims and defencesThe strengths and weaknesses of the evidence, possible objections from the other party and their effect on the outcome are assessed. The relevance of court decisions is examined through their reasoning and particular facts.
• Comparing the available routesNegotiation, settlement, mediation, litigation and enforcement are considered in terms of time, cost, evidential difficulties and the practical enforceability of the outcome.

The client receives an assessment that explains the grounds and uncertainties of the available options. The course of action is decided together on that basis.

The right route, at the right time.

The chosen legal approach is put into practice through steps suited to the matter. The nature of the dispute, the client’s expectations, the rights requiring protection and the effect of time are taken into account. The process is followed with attention to how each step affects the next.

• Negotiation and settlementWhere appropriate, negotiations are conducted with the other party. The scope of the agreement, mutual obligations, payment or performance timetable and consequences of non-performance are set out clearly.
• Formal notices and mediationNecessary notices are prepared. Whether mediation is a prerequisite to litigation is checked, and the client’s interests are represented in mandatory or voluntary mediation.
• Litigation, enforcement and interim protectionWhere needed, proceedings or enforcement action are brought, or a defence is presented. If delay could make a right harder to secure, interim protective measures are considered where the statutory conditions are met.
• Putting judgments and agreements into effectAvailable applications and appeals, enforcement of judgments and performance of obligations under agreements are followed up.

The focus is on enabling the client to act with an understanding of their legal position and on protecting their rights.