Uğur Kapıcıoğlu and Salih Göktuğ Çolak, Managing Partner and Managing Partner, respectively
Uğur Kapıcıoğlu and Salih Göktuğ Çolak explain how the experience Oran Partners Law Firm has gained across hundreds of cases has shaped its approach to complex disputes, the support it provides to international clients, and its approach to growth based on specialisation. What do you consider to be the main characteristics that distinguish your firm from your competitors? We believe that the most important factor that sets us apart is the substantial and extensive case experience we have accumulated over the years in a specific field. To date, we have acted as counsel in hundreds of cases. For us, this number represents more than just a volume of work; it represents direct experience of different factual circumstances, defences, evidentiary issues, expert assessments and stages of proceedings. The most important consequence of this accumulated experience is that many developments in a case that may initially appear unexpected have become foreseeable possibilities for which we are prepared. What we mean here is not knowing the outcome of a case in advance. It is being able to recognise earlier where a problem may arise, which issue may prove decisive in an expert examination, or which procedural development may affect the strategy. The true value of experience lies not only in responding to a problem once it arises, but also, where possible, in preparing for it in advance. The foundations of our firm were shaped by the steps taken years ago by Bülent Çolak, an attorney who remains part of our team today. Building on this history, we have concentrated our work on a highly specific field, particularly medical malpractice and disputes arising from medical treatment. Working consistently in the same field over many years creates a significant difference in case experience and accumulated knowledge between our firm and law firms that have turned to this area more recently. We believe that expertise should not be accepted merely as a promotional claim. We consider it valuable for people choosing a law firm to ask the firms they speak with what concrete information they can provide to explain their actual work and experience in the relevant field. Lawyers’ experience in a particular area can be assessed through information that may be shared with due regard for client confidentiality and access rules. We are also pleased to answer questions about our own work and experience within these boundaries. Another result of the experience we have accumulated over the years is our international network of professional partners. Through our partners in the United Kingdom, the United States and various countries in the Schengen Area, we support the coordination of our clients’ needs arising in different countries. These relationships make it easier to reach the right person in a cross-border matter and organise the necessary steps more quickly. We are also included in the list of lawyers in Türkiye under the British Consulate General’s “Find a professional service abroad” service. Taken together, the principal characteristic that distinguishes us is our ability to combine experience concentrated in a specific field, international coordination capabilities and a prepared approach to the problems our clients face. Which practice areas do you expect to grow over the next 12 months, and what do you think will drive that growth? We expect medical malpractice, consumer disputes arising from treatment and cross-border personal injury cases to remain significant areas of demand. In particular, we believe there will be a greater need for legal assessment in relation to informed consent, treatment planning, continuity of post-treatment follow-up and the relationship between the service promised to the patient and the service actually provided. One of the main reasons for this is the international nature of decisions to obtain healthcare. A person can communicate remotely with a service provider in another country, develop a treatment plan through online consultations and make substantial payments before meeting the relevant healthcare professional in person. When a dispute arises, however, contracts, medical records, payment documents and evidence relating to subsequent treatment may be located in different countries. This structure also broadens the scope of legal work. Knowledge of domestic court procedure alone is not sufficient; documents and events originating in different countries must be brought together into a coherent body of evidence that the court can assess. We also expect digital communications to become increasingly important. Advertisements, messages, online consultations and post-treatment correspondence can be important in understanding what information a person was given and how the process was managed. However, rather than drawing conclusions from a single message, these materials must be assessed alongside the records as a whole. We also see scope for growth in preventive legal advice. Strengthening the contracts, information procedures, record-keeping systems and complaint management practices of businesses serving international patients can help reduce the risk of disputes. Nevertheless, an increase in demand is not the same as an increase in legally actionable claims. Not every adverse outcome gives rise to legal liability. A responsible law firm’s role is to identify the strengths and weaknesses of a case at an early stage and, where necessary, seek further expert assessment before a decision is made to commence proceedings. What is the most significant change you have made within your firm to benefit your clients? The most significant development has been turning the case experience we have gained over the years into a more systematic working structure and considering that structure together with client communication. When experience remains solely the personal knowledge of individual lawyers, its institutional benefit may be limited. What matters to us is ensuring that lessons learned from previous cases are reflected in the preparation of new cases, document checks and coordination within the team. This allows us to approach each case according to its own characteristics while also drawing on the knowledge gained from problems we have encountered before. At the outset of a case, we focus on establishing a chronology of events, assessing the available documents, identifying missing records and determining potential legal issues. This preparation helps us take more appropriate steps in the later stages. We also place importance on the client’s ability to understand the process. It is just as necessary for the client to know what stage their case has reached and what is expected of them as it is for the legal team to have a thorough command of the case. We therefore seek to explain clearly which steps can be taken immediately and which stages depend on a response from an institution, an expert examination or a court decision. Coordination between legal work, document management, translation and client relations is also an important part of this approach. Particularly for clients living abroad, a clear instruction, a timely update or a document requirement identified in advance can make a significant difference. For the client, this change means more organised preparation, clearer communication and an opportunity to understand the requirements of the process at an earlier stage. Is technology changing the way you communicate with your clients and the services you can provide to them? Yes. Particularly for our international clients, technology makes access to legal services and the maintenance of the relationship considerably easier. Through remote meetings, electronic document sharing and regular communication, we can carry out a substantial part of the preparatory work without the client needing to be in Türkiye at every stage. For us, however, the central issue is not simply that communication is possible, but that it is meaningful. Sending a court document to a client is not sufficient on its own. It is necessary to explain what the document means, what action it requires and how it affects the overall progress of the case. Technology also plays an important role in examining evidence. Bringing together messages, photographs, payment records and medical documents from different dates can provide a clearer picture of how events unfolded. However, the ease with which digital material can be shared does not automatically make it reliable or sufficient. Its source, integrity, context and, where necessary, translation must be examined carefully. We value technological tools that support document organisation, task tracking and administrative consistency. The efficiency these tools provide can help lawyers devote more time to the substance of a case and strategic assessment. Nevertheless, responsibility for professional judgement remains with the lawyer. An output generated by a tool is not a legal opinion that can be presented to a client without assessment and verification. For us, the value of technology is measured by its ability to improve the quality of preparation, reduce avoidable delays and help clients better understand important decisions. Can you give a specific example of how you have helped your clients add value to their businesses or protect their interests? Given the nature of our practice areas, for a substantial proportion of our clients, the value of legal services is measured in terms of protecting their personal interests before commercial gain. This value may take the form of preserving a right to bring a claim, collecting evidence in time, avoiding unnecessary expenditure or enabling a realistic assessment of a settlement offer. An illustrative example of our approach is an international treatment dispute involving several individuals and organisations. In such a case, the treating physician, the healthcare institution and the intermediary organisation may have assumed different roles. The client, however, may initially regard them as a single entity because the service was presented as an integrated package. At this point, our first task is to clarify each party’s role and the obligations they assumed. We examine the contracts, payment records, medical documents and correspondence together, and assess the legal basis of potential claims and the evidence needed to support them. This work can make a significant contribution to the client’s position before proceedings are commenced. It helps identify the correct parties, direct requests for records to the relevant sources and prevent resources from being spent on allegations without a sufficient basis. It also allows practical issues relating to the recovery of potential compensation to be assessed. When a settlement offer is received, we do not consider only the amount offered. The evidentiary position of the case, the time and expense required for the proceedings, the uncertainties and the prospects of recovery must all be considered together. We believe this is where a significant part of the value a lawyer provides becomes apparent: helping the client see their options more clearly and make a more informed decision at a stage when that decision can still influence the outcome. Do your clients expect stability and strategic guidance from their law firms? Where do you see your firm in three years? Absolutely. Clients often approach us while experiencing uncertainty in an important area of their lives or businesses. At such a time, they need not only legal knowledge, but also a team that remains calm, takes responsibility and explains the next step and the reasons behind it. In our view, stability does not mean insisting on the same position regardless of developments. A new medical record, expert assessment or court decision may require the strategy to be reconsidered. What must remain consistent is the rigour of our assessment, our commitment to the client’s interests and the way we explain changes. Experience gained over the years becomes particularly important at this point. Having encountered similar problems before helps us assess more soundly what a difficult development means and weigh the options before reacting. It is often this measured approach that gives the client confidence. Strategic guidance also includes being able to have difficult conversations when necessary. It is part of our professional responsibility to explain that a particular allegation is weak, that additional expenditure may not be proportionate to the expected benefit, or that a settlement offer should be given serious consideration. What a client wants to hear may not always be the same as what serves their interests; our role is to share our assessment clearly and explain the reasons behind it. Over the next three years, our objective is to deepen Oran Partners’ accumulated experience, particularly in medical malpractice, complex disputes and the representation of international clients. As we develop our relationships with international professional partners, we also want to strengthen the team structure and internal knowledge sharing that support this work. We do not measure growth solely by the number of cases. We believe that our capacity to devote sufficient time, preparation and attention to every case we undertake must develop to the same extent. Our aim is to take the experience accumulated over the years beyond knowledge held by individuals and turn it into lasting institutional competence. We want our clients to know that their cases are understood, their options are explained honestly and their interests are pursued with care and determination by an experienced team. Our long-term objective is to ensure that people seeking to assert their rights in Türkiye from abroad do not face difficulties in accessing justice because of language, distance or unfamiliarity with the legal system. Through the support we provide, we aim to help these individuals pursue legal remedies with the same confidence and understanding of the process as a Turkish citizen. We believe this approach also serves Türkiye’s reputation in health tourism. Confidence in healthcare depends not only on the quality of the service, but also on the effective protection of rights when a problem occurs. Through our work, we therefore seek to contribute both to individuals’ pursuit of their rights and to strengthening legal compliance and accountability within the sector. We also see making health law and treatment-related compensation disputes a better-understood field, in which rights and responsibilities are more clearly known, as an important part of this objective. What would you advise international clients seeking legal support for an alleged medical malpractice case in Türkiye to consider when choosing a lawyer? First, we recommend asking what concrete experience the lawyer or law firm they are speaking with has in similar disputes. Medical malpractice cases require the assessment of medical records, the identification of the appropriate parties against whom liability should be pursued and the early identification of issues requiring expert examination. For this reason, it is not only general litigation experience that matters, but also a history of actual work in the relevant field. We also observe the importance of this in the cases of people who approach us after previous legal proceedings. We encounter situations in which certain claims that could have been supported by strong evidence were not properly presented because sufficient care was not taken, issues specific to the relevant field were not recognised in time or the necessary procedural steps were not taken. Unfortunately, by the time these individuals approach us, our ability to intervene may be extremely limited because of missed deadlines, evidence not submitted in time or final judgments; in some cases, there may be no effective legal remedy remaining. Of course, not every adverse outcome means that a case was handled incorrectly. However, these examples demonstrate how decisive experience in the relevant field and care from the outset can be in protecting rights effectively. We consider it valuable for this research to be based on concrete information. Prospective clients can also research the experience of lawyers registered with the Istanbul Bar Association in the relevant field and the backgrounds of law firms. Bar registration is an important starting point for verifying professional identity; however, more detailed questions should be asked to assess experience in a particular area. For example, they may ask to see examples of decisions in similar cases in which the lawyer they are speaking with personally acted as counsel, provided that these are appropriate to share and have been entirely stripped of personal or confidential information. Such examples help substantiate a lawyer’s actual experience in the relevant field. Of course, a decision obtained in the past does not mean that a new case will have the same outcome; however, it is meaningful in assessing whether a claim of experience is based on actual professional work rather than merely promotional statements. Second, they should pay attention to how clearly their situation is assessed at the outset. When seeking assistance from a medical malpractice lawyer in Türkiye, they should be able to understand which documents are required, what evidence may support their allegations, the potential costs and the uncertainties of the process. We recommend looking for a reasoned and balanced approach rather than promises of a certain outcome made before the records have even been examined. Communication and coordination are also decisive for a client living abroad. Who will handle the case, how developments will be communicated, how translation needs will be met and under what circumstances they may need to travel to Türkiye should all be discussed at the outset. At Oran Partners Law Firm, we value our clients choosing their lawyers on the basis of informed research. We are also pleased to answer questions about our own experience and professional background within the boundaries of professional confidentiality. A sound lawyer–client relationship is established by demonstrating experience in concrete terms and discussing expectations openly from the very beginning. This foundation is particularly important for people seeking to assert their rights in another country. What should a client expect, and what should they think, when they instruct Oran Partners? First and foremost, they should know that they have a team in Türkiye that understands them and will stand by them. We have been a family in Türkiye to hundreds of people who have previously travelled the same path, experienced the same concerns and approached us with the same questions. We want each new client to feel that same sense of trust. We recognise how valuable it is to have someone you can call who knows you, particularly when seeking to assert your rights in another country. Those who have placed their trust in us include internationally recognised businesspeople, professional athletes and artists. For us, however, a client’s prominence does not determine the standard of care and privacy they receive. Every client should know that their personal information and experiences will be protected with the same sensitivity and that their case will be handled with the same professional seriousness. The same commitment to confidentiality that we show to a public figure applies equally to a client quietly seeking to assert their rights during a difficult period in their life. Our clients should also know that they have instructed a team that has worked intensively for years in the field in which they are seeking assistance and brings the experience of hundreds of cases. This accumulated experience helps us ask the right questions earlier, assess potential problems in advance and explain the reasons for the steps we take. We place importance on demonstrating our expertise through concrete, substantiated answers to our clients’ questions. A person working with us should feel free to ask questions about their case and should be able to understand which documents, developments or legal assessments our answers are based on. If an issue cannot yet be answered, we should say so openly. Being informed of the important stages of the process and knowing how decisions affecting them are made are entirely natural expectations for a client. We act within the scope of the authority and instructions established at the outset; particularly in decisions that directly affect their rights, such as settlement, waiver or similar matters, we provide the necessary explanations and obtain their express instructions. Yet the most human aspect of the relationship we seek to build is that it continues beyond the case. When a case ends, we do not believe that the trust the client has established with us also comes to an end. Years later, when they encounter an issue relating to Türkiye, wish to seek advice or need to reach the right person, we want them to know that they have a door here they can knock on. This is precisely what we want a person who instructs Oran Partners to feel: “I have a team that knows my case, knows me and that I can turn to again when needed.” Our aim is for a connection that begins during a legal process to develop into lifelong trust and companionship.
