Resignation of the lawyer,anyone who can be considered qualified to file an application can open and follow up this case personally or through the proxy he will appoint. If the case is to be pursued through a proxy, a power of attorney will be needed. The deputy may terminate the duty entrusted to him with resignation. However, the fact that the surrogate informs the resignation statement only to the relevant court will not eliminate the responsibility for the surrogate. The duties assumed by the resigning attorney with the power of attorney shall continue for two weeks from the date of notification of the resignation to the client. These issues related to the resignation of the deputy shall be notified by notifying the giver of power of attorney together with the resignation petition of the resigning deputy.
If the proxy has resigned, the proxy giver will either appoint a new proxy or follow the case himself. If the power of attorney does not follow the case itself and does not appoint another power of attorney, the action will be taken in accordance with the provisions to be applied in the absence of the party.
Supreme Court 11. In the decision of the Law Department dated 20.12.2016; “The day of 20.05.2015 and 2015/166-5537 E, which upheld the decision of the local court of our Department, is 2015/166-5537 E. and K. the numbered decision was duly notified to the defendant’s attorney on 17.06.2015, and the defendant’s attorney requested the notification of the Supreme Court decision and the resignation petition to the defendant asile, stating that he had resigned from the defendant’s power of attorney with a petition dated 24.06.2015 addressed to the mahal court.
Defendant asile, the defendant’s attorney Av upon the notification of the Court of Cassation decision and resignation petition on 02.07.2015…. he added his power of attorney and requested to correct the decision with a petition dated 31.08.2015.
After the approval decision of our department was duly notified to the defendant’s attorney, the defendant’s attorney resigned from the attorney’s office and the 82 of the CCP. according to the article, since the duty of the resigning attorney will continue for two weeks from the date of notification of the resignation to the client, the period of applying for a legal remedy begins to operate from the date of notification of the decision to the attorney. In addition, 41 of the Lawyer’s Law. there is a similar arrangement in the article. Even if the surrogate resigns from the power of attorney within the period of applying for the legal remedy, the decision shall be deemed to have been validly communicated to him. In this case, the defendant party has passed the 15-day legal decision correction period and the rejection of the decision correction petition was required.” This decision made by the Supreme Court also reveals the importance of deadlines in law and resignation in surrogacy and representation.
HMK’s 81. in accordance with the article, in order for the dismissal or resignation of the deputy to be able to express a decision in terms of the court and the opposing party, it is mandatory to notify the declaration on this issue with a petition or to put it in a record, and to pay the notification expenses to be made to the relevant person in advance if necessary. HMK’s 82. on the other hand, in the article; It is stipulated that the duty of the resigning attorney will continue for two weeks from the notification of the resignation to the client.
With the regulation introduced by the legislator, he did not consider it appropriate to terminate the duty with resignation in order to prevent the noble from suffering any loss of rights due to the resignation of the deputy. Thus, noble will have the opportunity to follow up his case and take the necessary measures by learning about the resignation of his deputy.
The provisions related to the resignation of the deputy are applied only in the affairs and transactions related to civil proceedings, as well as in the proceedings related to enforcement proceedings and the follow-up of disputes arising from the administrative trial law.
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