Lawyer's right of retention

Our study deals with the general right of retention, which is regulated in articles 950 to 953 of the Turkish Civil Code No. 4721 in general, and the right of retention of the lawyer, which is regulated in articles 39/2 and 166/1 of the Legal Profession Act No. 1136 in particular.In general retention is a right in rem which provides the authority to the creditor to retain and liquidate debtor's movable property and securities having a natural relation with the debt and in creditor's possession with debtor's consent, against creditor's due receivables, which are due and have a natural connection with these goods and documents. The lawyer's right of retention is the return of the money, goods and other assets given to him/her by his/her client or received on behalf of his/her client with the authority of acceptance, on the condition that the lawyer's receivables arising from the contractual, in some cases, contingency fees, and expenses incurred, and on the condition that s/he gives an account in writing, are returned to the client. It is a right that allows it to be kept in its own hands, and that gives the right to convert it into money when necessary.A lawyer can exercise this right arising from the Legal Profession Act only in proportion to his due lawyer's fees receivables and expenses incurred, make written notice to his client before exercising his right of retention. Otherwise, without fulfilling the conditions of the lawyer's right of retentipn, it is not possible to exercise the right of retention and therefore the provisions of the right of retention of the lawyer to arise. Key Words: The Right of Retention, Lawyer's Right of Retention, The Conditions of the Right of Retention, Use and Terms of the Right of Retention.