This document is an example only. You should state facts and back up your facts with the relevant documents. Please use your own wording but remember to keep it basic for translation into Turkish

Complaint Against Advocate

Advocate’s Name:                        

TO:                       TRNC Bar Council

FROM:                   Insert your name(s)

E-mail address:     insert your e-mail address

Telephone No:      insert your home or mobile telephone number including country and area codes

Address:               insert your full postal address including country

DATE:                   Insert date you send complaint

On the (date) we engaged the above advocate to carry out all necessary legal procedures regarding the purchase of a property in insert district.  We paid Advocate £x,xxx in advance in (cash/directly into their TRNC bank account number/directly into UK bank account number/by cheque number).  Advocate did not provide an official receipt for these fees.

We have now discovered that the Advocate may have been grossly negligent for the following reasons:

(These are just examples taken from the completed Lawyers Assessment forms)

·         The Vendor on the sales agreement is not the person named on the copy koçan as being the registered owner, even though the agreement states that “the vendor is the legal registered owner”.

·         All parties did not sign and witness the agreement at the same time

·         Advocate demanded that we give him/her Power of Attorney stating that this was normal practice in the TRNC.  We were not consulted on any aspects of the sales agreement prior to the Advocate signing on our behalf.

·         Advocate did not advice us on the TRNC property laws, especially with regards to permission to purchase and Specific Performance law.

·         Advocate did not advise us that he/she was also acting on behalf of the vendor/estate agent/landowner.

·         Advocate did not advice us that stamp duty must be paid on all monetary agreements.

·         Permission to Purchase

o   Advocate did not advise us that, by law we must obtain permission to purchase from the Council of Ministers before we proceeded with the purchase.

o   Our sales agreement was signed on day month year but our advocate did not apply for our permission to purchase until the day month year

o   Our permission to purchase application was not processed until month year due to our advocate not providing all necessary information at time of application.

o   Advocate did not inform us that permission to purchase approval had been granted on day month year, until the day month year

·         Advocate demanded that we forward our stage payments informing us that the property was progressing in line with the sales agreement when this was not true.

·         Advocate demanded that we pay the Vendor’s stopaj tax and did not inform us that, by law the vendor is responsible for this tax. We understand that the advocate also gave a copy of the stopaj tax receipt to the vendor, thereby allowing him to claim this on his annual tax returns.

·         Lawyer demanded a further sum of £xxx per hour for meetings with vendor/builder.

·         Lawyer demanded a further sum of £xxx to process our title transfer

·         COURT

o   Advocate did not fully liaise with us regarding our legal action claim against vendor/builder.

o   Advocate did not provide an English version of our court claim

o   Advocate did not provide us with the court case number

o   Advocate demanded fees of £xxxx in advance of preparing the case and later demanded £xxx for continuing.  Advocate did not provide receipts for this/these payment(s)

o   Unless we enquired advocate did not inform us when our case was due to be heard in court.

o   Etc

o   Etc

·         Etc

·         Etc

Provide a short summary on your Advocate’s general behaviour towards you and any other information you feel is relevant.