Litigation
A dispute does not always begin in court, and it often need not end there. Our work in this area extends from pre-dispute negotiation and mediation to commercial and administrative litigation, and from white-collar crime defence to the conduct of internal investigations. In every file we start by assessing the risk and the prospects of success together with the company, before proceedings are issued.
Services
Team
Ali Gül
Founding Partner
Hasan Çakan
Partner
Enes Duran
Associate
Burcu Kulotu
Associate
Sercan Dolanbay
Associate - Trademark Attorney
Frequently Asked Questions
Is mediation mandatory before filing a lawsuit?
In many disputes, yes. For employment receivables and reinstatement, monetary and damages claims in commercial cases, and a significant share of consumer disputes, applying to mediation is a precondition to suing; a claim filed without it is dismissed on procedural grounds. Mediation should not be treated as a formality: a well-prepared mediation session can resolve in a few weeks a case that might otherwise take years.
How long does a lawsuit take?
The honest answer: it varies widely depending on the case, the court, and whether it goes on to appeal. Commercial cases requiring an expert report, and proceedings before the higher courts, extend the timeline considerably. Duration, cost and prospects of success should therefore be weighed together before deciding to sue; sometimes a settlement reached sooner is worth more than a case won.
If we lose, do we pay the other side's costs as well?
As a rule, yes. The losing party is liable for the court costs and for the other side's attorney fee, calculated according to the statutory tariff; if the claim is partially upheld, these costs are apportioned. The adverse attorney fee is separate from what you pay your own lawyer and is a risk to factor in, especially in high-value cases.
How can we challenge an administrative fine?
The route depends on the authority that imposed the fine and the law it is based on: some fines are challenged before the criminal judgeship of peace, others through an action for annulment before the administrative court. Deadlines are short and the fine becomes final if they are missed; before the administrative courts the general rule is sixty days from notification. For some fines, paying within the deadline earns a reduction without removing the right to challenge, so the decision should be assessed as soon as it is served.
If the other side is hiding assets, do we have to wait for the judgment?
No. Where there is a risk that collection of the claim will be jeopardised, a precautionary attachment or interim injunction can be requested from the court before or during the proceedings. These orders can be granted quickly, although the court usually requires security against the loss the other side might suffer. Acting fast is decisive: a delayed application can leave a case that has been won impossible to enforce.
Do you need support in this area? Schedule a meeting with us — the first meeting is free of charge.
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