Understanding and navigating the legal framework of Turkey is no easy task. The complex system of law can be both intimidating and Kafkaesque in nature, and becoming a lawyer is unsurprisingly an ambitious and demanding undertaking. With a genuine belief in justice and relentless work ethic, Aysu Güneş has steadily been maneuvering through this world of bureaucracy and legislation, gaining experience and expanding her scope along the way. With a primary focus on contracts and contractual relations, her breadth has since gone on to include intellectual property and commercial law. Alongside addressing ATÖLYE’s legal needs, Aysu has also started her own private firm and taken on a number of clients in both the construction and medical sectors. Somehow, despite plenty of late nights meticulously combing through contractual jargon, Aysu retains a noticeably upbeat demeanor in all her pursuits and her willingness to search for a solution to any issue leaves everyone feeling in good hands. To testify to this, on many occasions Aysu has helped Yabangee and members of our community overcome their legal concerns.
We took some time to speak with Aysu about her legal expertise, the challenges she’s faced in her field, the various legal difficulties foreigners can face here, and thankfully received plenty of useful advice on how to best handle it all.
Could you tell us a little bit about yourself and your background?
I was raised in Ankara. After graduating from Bilkent University Faculty of Law, I moved to my birthplace of Istanbul where I had spent my first few years of life. I then went on to receive my Master’s Degree through the Maastricht University IPKM Programme.
I am also a passionate Capoeirista – a dancer of Capoeira, which is a Brazilian form of martial arts connecting music, dance, and acrobatics. I’m also in love with playing all kinds of group games.
What brought you into the legal field? Do you have a particular scope that you specialize in?
Honestly, before even picking my field I was influenced by my father. Fortunately, as time went on, my sense of justice truly confirmed that I am on my true path. I feel so satisfied with what I am doing. It’s not only about knowing and working with legal codes. It’s also integrated with communications, sociology and culture.
Now, I am mainly specialized in contractual law which is essentially drafting and managing all kind of contracts and contractual relations. I’ve also delved into intellectual property law as it corresponded with my Master’s Degree from Maastricht University, and also through my work experience.
Your work with ATÖLYE seems to be demanding, but varied enough to remain challenging and interesting. Could you share a bit about your role is here?
I am the legal counsel here at ATÖLYE. I mainly draft ATÖLYE’s contracts, but I also offer consultation on internal legal regulations, such as legal compliance with newly enacted legislation – for example, the new Law on Protection of Personal Data. Apart from ATÖLYE, I also work with clients in the construction and medical sector. I am also providing legal consultancy and litigation services, more directly related with intellectual property and commercial law.
What about with your own firm? What has that process been like and in which direction do you plan to take it?
I kicked off the process of forming my own law firm in January of 2017. At the time I was working alone, but now also have an intern.
For bigger projects, I am mostly taking part in collaborations with my colleagues or business partners. It looks both my firm and I, with these collaborations, are heading through the field where law intersects with the digital and IP worlds.
What are some of the challenges you face in your work?
It is hard to pick one challenging aspect, as in general it is a challenging profession. But more specifically I would say the oral advocacy in courts never has a dull moment. On the consultancy side, especially for contract drafting, the indispensable analytical thinking is the most tempting and challenging part of it.
A lot of foreigners here are often intimidated by the legal system and it’s safe to say that it can often mean they’re taken advantage of. It’s a broad question, but do you have any general advice for foreigners to help them deal with these possible issues before or after they arise?
I have a few tips that might be helpful for foreigners hoping to stay on the right side of the legal system in Turkey.
To be powerful against prompt legal implementations, I recommend first being cautious and getting residence or if necessary, work, permit as this would be the first area to be investigated. There are many companies interested in providing this service. I recommend taking this service from lawyers or companies who provide a firm impression that they’re knowledgeable in this area. You may always check the required forms, documents and steps from official administrative websites and follow-up with the companies.
Furthermore, just as a point of general information, please bear in mind that the Turkish legal system follows written procedure and all legal requirements start with written notifications. The system, in most cases, allows a minimum of seven days for both parties to provide their arguments and counter arguments/defenses from the receiving date of legal notification.
If something urgent takes place, criminal or otherwise, and turns into a formal complaint and investigation, you always have right to request a lawyer from governmental bodies for free. Upon request, the governmental bodies immediately provide a criminal lawyer in criminal cases and for judicial cases, they provide legal assistance for citizens of countries which apply the reciprocity principle with Turkey.
Any other insight into the legal field that might be useful for foreigners? Any resources you might suggest?
As lawyers have a commercial ban, we produce written informative documents for potential clients in relevant fields. You may find brief legislation updates on most law office websites, and in more legal language in the articles published on Mondaq.
It seems that becoming a lawyer in Turkey is different than what a lot of yabancılar might assume. Could you tell us a bit about the process here?
When I was in high school, we took the ÖSS examination, and if we scored high enough, we could then proceed to study law. Law school is typically a four year process. However, lawyers will often continue and take on a Master’s Degree and accompanying thesis. Lawyers here are obligated to undergo a one-year internship, of which the first six months involve watching cases in court. The final six months must be spent under a lawyer or firm with at least five years of experience. At the conclusion, you receive your certification and there’s a ceremony. Individuals who don’t go on to receive certification under the Bar Association may not use the title of “attorney”.
To keep up with Aysu and her work, be sure to visit her soon-to-be-launched website or reach out to her via aysu@atolye.io.
ATÖLYE Spotlight is our series on the inspiring community members of Istanbul’s most creative space.
