Comparison of Turkish, English, and German Lawyers

The differences between Turkish, English, and German lawyers stem from the legal systems, education processes, and admission requirements in each country. In these three countries, legal practices and processes are shaped by different legal traditions and regulations. Here are the main differences between lawyers in these countries:

1. Differences in Legal Systems

• Turkey: The Turkish legal system is based on civil law. Laws are codified, and courts interpret these laws to make decisions.
• England: The English legal system is based on common law. In this system, precedent (previous court decisions) plays a significant role. Judges refer to prior rulings when making decisions, which is crucial for the development of the law.
• Germany: The German legal system is also based on civil law, similar to Turkey. It is a codified system, where laws are written and applied by the courts.

2. Education and Professional Entry

• Turkey: Turkish lawyers must complete a four-year law degree followed by a mandatory one-year legal internship. Half of the internship is completed in court, and the other half is done with a lawyer. After completing the internship, they can register with the bar association and begin practicing as a lawyer.
• England: In England, the legal profession is divided into Solicitors and Barristers.
  • To become a Solicitor, one must complete a law degree, then the Legal Practice Course (LPC), followed by a two-year Training Contract.
  • Those aiming to become a Barrister must take the Bar Professional Training Course (BPTC) and then complete a pupillage (a form of apprenticeship). Barristers are primarily known for representing clients in court.
• Germany: German lawyers undergo a two-stage examination system:
  • The first stage is the First State Exam, taken after the university law degree.
  • The second stage is a legal internship (Referendariat), where graduates work in courts, prosecutor's offices, and law firms. After completing this period, they take the Second State Exam, which qualifies them to practice law.

3. Legal Activities

• Turkey: Turkish lawyers represent clients both in courts and in non-judicial matters. The legal profession in Turkey covers a broad range, including litigation, legal consulting, and contract drafting. Lawyers are not required to specialize and can represent clients in any type of case.
• England: In England, Solicitors and Barristers have distinct roles.
  • Solicitors primarily handle client relationships, prepare documents, and focus on out-of-court solutions.
  • Barristers, on the other hand, specialize in court representation and advocacy.
• Germany: German lawyers mainly work in legal consultation and client representation in court. The legal profession in Germany encourages specialization, and many lawyers focus on specific fields (e.g., criminal law, commercial law). Additionally, German lawyers can also serve as notaries.

4. Bar Associations and Professional Organizations

• Turkey: In Turkey, lawyers must be registered with a bar association. Bar associations regulate the professional activities of lawyers and ensure adherence to ethical rules.
• England: In England, there are two main professional bodies: the Law Society (for Solicitors) and the Bar Council (for Barristers). These organizations play a crucial role in regulating professional standards and education.
• Germany: In Germany, lawyers must also be registered with regional bar associations. These bar associations are responsible for professional oversight and continuing legal education.

5. Fees and Income

• Turkey: In Turkey, lawyers usually charge fixed fees or are paid per case. Fees vary depending on the complexity of the case and the lawyer's experience.
• England: English lawyers, especially Barristers, often charge by the hour or per case. Lawyers in major cities like London can earn very high incomes.
• Germany: In Germany, lawyer fees are typically based on the Lawyers' Compensation Act (RVG), which calculates fees based on the value and scope of the case.

Conclusion:

• Turkish lawyers work in a civil law system with a broad scope of practice, while English lawyers operate in specialized roles as Barristers and Solicitors. German lawyers also work within the civil law system and tend to specialize in specific legal areas.
• The education and admission processes differ in each country, which influences how lawyers practice their profession.