The legal profession emerged in Ancient Greece and Rome towards the end of the thirteenth century. Historians generally accept that the first written example of a defence is the famous defence of Socrates. Socrates was tried on charges of refusing to believe in the gods of the city, introducing other gods in their place and corrupting the youth, and he was sentenced to death. Plato subsequently wrote the dialogue entitled The Apology of Socrates, through which Socrates’ philosophy has survived to the present day.

The world’s first bar association was also established in Athens. During this period, only free men who had not been involved in criminal activity were permitted to practise law. Before taking part in a case, they were required to swear that they would act honestly, contribute to the administration of justice and protect the rights of their clients. Furthermore, the legal profession was not practised in return for professional fees at that time. This contributed to the prestigious position held by lawyers within society.

During the Middle Ages, however, the reputation of the legal profession declined. Although representation in civil proceedings continued, criminal defence and the role of criminal defence lawyers became largely ineffective because the right of defence was restricted, severe punishments could not be prevented and torture became commonplace.

DEFINITION AND ORIGIN OF THE WORD “LAWYER”

The Turkish word avukat is believed to have entered the language from French or Italian. Its origin is the Latin word advocatus, derived from a verb meaning “to call for assistance.”

In Ancient Greece and Rome, distinguished and privileged persons possessing exceptional oratorical skills were referred to as advo-catus.

Common English terms include: lawyer, attorney-at-law, barrister, advocate, attorney and counsel.

German terms include: Advokat, Rechtsanwalt, Rechtsvertreter and Anwalt.

French terms include: avocat and juriste.

The Greek term is: δικηγόρος — dikigoros.

Russian terms include: адвокат and юрист.

The Japanese term is: 弁護士 — bengoshi.

THE LEGAL PROFESSION

Under the Lawyers Act No. 1136, the legal profession is both a public service and an independent profession. A lawyer independently represents the defence, which is one of the constituent elements of the judiciary.

The purpose of the legal profession is to ensure the regulation of legal relationships, the resolution of all legal matters and disputes in accordance with justice and equity, and the full application of legal rules before judicial authorities at every level, arbitrators, public and private persons, boards, institutions and organisations.

For this purpose, lawyers place their legal knowledge and professional experience at the service of justice and for the benefit of individuals.

Judicial authorities, law enforcement authorities, other public institutions and organisations, state-owned enterprises, private and public banks, notaries, insurance companies and foundations are required to assist lawyers in the performance of their duties. Subject to any specific provisions contained in their governing legislation, these institutions are required to make available for examination any information and documents needed by a lawyer.

A person may not practise law where any of the following circumstances exists:

• Even where the periods specified in Article 53 of the Turkish Criminal Code have expired, having been sentenced to more than two years’ imprisonment for an intentionally committed offence, or having been convicted of offences against the security of the State, offences against the constitutional order and its functioning, embezzlement, extortion by a public official, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, bid rigging, interference with the performance of an obligation, laundering of proceeds of crime or smuggling;
• Having lost the qualifications required to serve as a judge, public official or lawyer as a result of a final disciplinary decision;
• Engaging in work that is incompatible with the legal profession;
• Having been placed under legal restriction by a court decision;
• Having been declared bankrupt without having been rehabilitated, provided that negligent and fraudulent bankrupts may not be admitted even where their reputation has been restored;
• Having been issued a certificate of insolvency that has not been discharged;
• Having a physical or mental disability that permanently prevents the proper practice of law.

Persons convicted of any of the disgraceful offences listed in subparagraph (a) of the first paragraph may not be admitted to the legal profession even where their sentence has been suspended, converted into a monetary penalty or pardoned.

Where an applicant is being prosecuted for an offence punishable by one of the penalties referred to in subparagraph (a) of the first paragraph, a decision on the application for admission to the legal profession may be deferred until the conclusion of the prosecution. However, where the application must be rejected irrespective of the outcome of the criminal proceedings, the application may be decided without awaiting that outcome.

A candidate admitted to the legal profession is issued a licence by the relevant bar association. When the licence is issued, the newly admitted lawyer takes the following oath before the board of directors of the bar association:

“I swear upon my honour and conscience that I shall act in accordance with the law, morality, the dignity of the profession and its rules.”

OCCUPATIONS INCOMPATIBLE WITH THE LEGAL PROFESSION

No service or duty performed in return for monthly salary, wages, daily payments or allowances, insurance agency activities, commercial or artisanal activities, or any work incompatible with the dignity of the profession may be combined with the practice of law.

OCCUPATIONS COMPATIBLE WITH THE LEGAL PROFESSION

The following positions and activities may be combined with the legal profession:

• Membership of Parliament;
• Membership of provincial general councils or municipal councils;
• Professorship or associate professorship in the field of law;
• Legal consultancy or permanent legal representation for private-law legal entities;
• Paid legal practice in another lawyer’s office;
• Arbitration;
• Mediation;
• Service as a liquidator;
• Any duty or service assigned by a judicial authority or judicial office;
• Subject to the condition that other work or services are not prohibited under Decree-Law No. 233 on State-Owned Enterprises, serving as chairperson, board member or auditor of state economic enterprises, public economic organisations, their establishments, subsidiaries and affiliates, or organisations whose capital is owned by the State or other public legal entities;
• Shareholding in joint-stock companies, limited liability companies and cooperatives;
• Serving as chairperson, board member or auditor of such companies;
• Being a limited partner in a limited partnership;
• Serving as chairperson, board member or auditor of charitable, scientific or political organisations.

Lawyers are required to perform the duties they undertake with care, integrity and dignity, in a manner appropriate to the solemn nature of their profession. They must act in accordance with the respect and trust required by the title of lawyer and comply with the professional rules established by the Union of Turkish Bar Associations.

Providing legal opinions on legal matters, pursuing and defending the rights of natural and legal persons before courts, arbitrators or other bodies vested with judicial authority, following judicial proceedings and preparing all documents relating to such matters are powers reserved exclusively for lawyers registered with a bar association.

Lawyers registered with a bar association may also conduct all matters before public authorities other than those specified in the preceding paragraph.

Any person with the legal capacity to bring proceedings may prepare documents relating to their own case, personally bring the action and conduct the proceedings.

However, joint-stock companies whose share capital is five times or more than the minimum capital specified in Article 272 of the Turkish Commercial Code, and building cooperatives with one hundred or more members, are required to retain a contracted lawyer.

Organisations that fail to comply with this requirement are subject to an administrative fine imposed by the public prosecutor for every month during which they fail to appoint a contracted lawyer. The amount of the fine is equal to twice the gross monthly minimum wage applicable on the date of the offence to workers over the age of sixteen employed in the industrial sector.

The provisions of the civil and criminal procedure laws and other legislation remain reserved.

FACILITATING SETTLEMENT

Before an action is filed, or after an action has been filed but before the hearing has commenced, lawyers may, together with their clients, invite the opposing party to reach a settlement in matters referred to them, provided that the subject matter is one in respect of which the parties may obtain the desired result through their own voluntary decisions.

Where the opposing party accepts the invitation and a settlement is reached, a written record setting out the subject matter, place and date of the settlement and the obligations to be mutually performed is jointly signed by the lawyers and their clients.

Such settlement records have the legal effect of a court judgment within the meaning of Article 38 of the Enforcement and Bankruptcy Law No. 2004 dated 9 June 1932.

DUTY OF CONFIDENTIALITY

Lawyers are prohibited from disclosing information entrusted to them or learned through the performance of their professional duties or their duties within the bodies of the Union of Turkish Bar Associations or bar associations.

A lawyer may testify regarding such matters only with the consent of the client. Even where the client has given consent, the lawyer may still refuse to testify. Exercising the right to refuse to testify does not give rise to civil or criminal liability.

NOTIFICATION THAT A MATTER HAS BEEN DECLINED

A lawyer may decline a proposed matter without stating any reason. The refusal must be communicated to the prospective client without delay.

A person whose matter has been declined by two lawyers may request the president of the bar association to appoint a lawyer. The appointed lawyer is required to conduct the matter in return for the fee determined by the president of the bar association.

MANDATORY REFUSAL OF A MATTER

A lawyer is required to refuse a proposed matter where:

• The lawyer considers the proposal unlawful or unjust, or subsequently reaches that conclusion;
• The lawyer has represented or advised another party with conflicting interests in the same matter;
• The lawyer has previously acted in the same matter as a judge, arbitrator, public prosecutor, expert witness or public official;
• The lawyer would be required to allege the invalidity of a deed or contract previously prepared by that lawyer;
• The proposed matter is inconsistent with the requirements of professional solidarity and order established by the Union of Turkish Bar Associations.

This obligation also applies to the lawyer’s partners and lawyers employed by the lawyer.

RIGHT OF RETENTION

A lawyer is required to retain documents entrusted to them for three years following the termination of the power of attorney.

Where the client has been notified in writing to collect the documents, the retention obligation ends three months after the date of notification.

A lawyer is not required to return documents held by them until their professional fees and expenses have been paid.

WITHDRAWAL FROM REPRESENTATION

Where a lawyer voluntarily withdraws from conducting or defending a particular matter, the lawyer’s authority and responsibilities continue for fifteen days after the withdrawal has been notified to the client.

A lawyer appointed by a legal aid office or by the president of a bar association may not refuse to perform the duty unless there is an unavoidable reason or a justified excuse. The authority that appointed the lawyer determines whether the reason or excuse is acceptable.

OFFICIAL COURT ATTIRE

Lawyers are required to appear before courts wearing the official attire prescribed by the Union of Turkish Bar Associations.

LOCATIONS WHERE LEGAL CONSULTATIONS MAY NOT BE CONDUCTED

Lawyers are prohibited from providing legal consultations to clients or accepting instructions outside the offices registered with their bar association, including in courtrooms or other parts of courthouses.

This prohibition does not apply where the lawyer has been specifically invited to another location.

RECORDS OF MEETINGS

A lawyer may prepare a written record of any professional meeting considered necessary. The record must be signed by the persons who attended the meeting.

PROHIBITION OF ADVERTISING

Lawyers are prohibited from engaging in any initiative or activity that may constitute advertising for the purpose of obtaining professional work. In particular, they may not use any description on their signs or printed materials other than the title of lawyer and their academic titles.

This prohibition also applies to shared law offices and law partnerships.

The principles governing these prohibitions are established by regulations issued by the Union of Turkish Bar Associations.

The purpose of those regulations is to prevent persons within their scope from engaging in any initiative or conduct that may constitute advertising for the purpose of obtaining work. They are also intended to ensure that lawyers practise their profession with care, integrity and dignity, act in a manner consistent with the respect and trust required by the title of lawyer, and avoid conduct that may adversely affect their role and function in the administration of justice or damage the public appearance of the judiciary.

Within this framework:

• The office in which professional activities are conducted must be suitable for that purpose and consistent with the dignity of the legal profession.
• A lawyer’s sign may display the professional title, full name, academic title where applicable, floor and office or apartment number, telephone number, website address and email address.
• No title, expression, figure, emblem, foreign-language wording, sign, image, photograph or similar item other than those permitted by the regulations may appear on the sign.
• Where lawyers work together in the same office, the sign must include the first and last name, or only the surname, of one or more lawyers together with the expression “Law Office.”
• In the case of a law partnership, the name and title specified in the partnership agreement must be accompanied by the expression “Law Partnership.”
• Except where physically impossible, signs may be placed beside the entrance door of the building, in the entrance hall or corridor, or beside the entrance door of the office.
• More than one sign may not be displayed on the exterior of a building, office balcony or window, and similar wording may not be written on such areas.
• An illuminated panel may not be used instead of a sign, and the sign may not be decorated with lighting equipment.
• A maximum of two colours may be used on a sign.
• A sign may not exceed 70 cm by 100 cm. However, signs belonging to more than one lawyer or a law partnership, and signs used on upper floors, may be increased to a maximum of 100 cm by 150 cm.
• Letterhead, business cards and other printed documents may not be excessive in a manner that gives them an advertising character.
• Letterhead, business cards and other printed materials may contain only the lawyer’s professional title, academic title where applicable, full name, address, telephone and fax numbers, website and email addresses, bar association and Union of Turkish Bar Associations registration numbers, tax office and tax registration number.
• Where lawyers work together, the wording “Law Office” must be used. In the case of a law partnership, the wording “Law Partnership” and the full names of the lawyers within the partnership must be included.
• Lawyers belonging to a partnership must include their own full names alongside the name of the office or partnership on their letterhead, business cards and other printed materials.
• No descriptions other than the professional title of lawyer and academic titles may be used on letterhead, business cards or other printed materials. Descriptions such as retired judge, retired prosecutor, retired notary, legal expert, trademark and patent attorney, insurance specialist, expert witness, minister or member of Parliament may not be used.
• Former or current duties within public institutions, private organisations or political parties may not be stated.
• Lawyers who previously held positions within bar associations or the Union of Turkish Bar Associations may not use those titles.
• Lawyers currently holding such positions may use the relevant titles only in the performance of those duties and only to the extent required by them.
• Letterhead, business cards and other printed documents may not contain wording, expressions, images or symbols that exceed the purpose of identifying the lawyer or law partnership. No emblem other than that of the relevant bar association or the Union of Turkish Bar Associations may be used.
• Legal services may not be registered as a trademark under any title, and no application for such registration may be made.
• Lawyers may publish their full names, office addresses, telephone and fax numbers, website addresses and email addresses in alphabetical order in the professional section of a telephone directory, provided that no wording, symbol, sign or other feature distinguishing them from other lawyers, law offices or law partnerships is used.
• A lawyer may make a single announcement through a newspaper or other written publication regarding a change of address, the opening of an office, the resumption of practice following an interruption exceeding six months, or entry into or withdrawal from a law partnership, provided that the announcement is not of an advertising nature.
• The registration or dissolution of a law partnership, or the withdrawal of a partner, may also be announced.
• Lawyers may not publish material of an advertising nature concerning their lives, earnings or professional activities.
• In relation to a current or former case, whether ongoing or concluded, they may not identify themselves with the case or act as spokespersons for the parties.
• Except in necessary circumstances and provided that they remain within the legal aspects of the case, lawyers may not provide images, information or statements to written, audio-visual or online media.
• When participating in interviews, conversations, speeches, discussions or similar programmes through written, audio-visual or online media, lawyers must refrain from any conduct that may constitute advertising or any statement that may damage the legal profession.
• By using the title of lawyer, lawyers may not prepare, present, direct or participate in preparing, presenting or directing a series, continuing publication or programme, whether periodic or non-periodic, in the capacity of director, organiser, consultant or similar role through written, audio-visual or online media.
• Lawyers may not place themselves or a legal matter on which they are working in the foreground in a manner that may constitute advertising, whether while representing a client before a court or through their relationship with written, audio-visual or online media.
• Lawyers have the right to express themselves through the internet and all other media made possible by technology and science, provided that they comply with the dignity and rules of the profession, the respect and trust required by the title of lawyer, and the Professional Rules established by the Union of Turkish Bar Associations.
• Lawyers may establish a website using only the av.tr domain extension for the purposes of conducting professional activities online, informing clients and publishing professional articles and academic studies.
• On signs, printed materials and websites, lawyers may use only email addresses with the av.tr extension or email addresses issued by the Union of Turkish Bar Associations or the bar association with which they are registered.
• When conducting professional activities through a website, lawyers may use online tools and personalised “virtual office” applications protected by passwords or encryption algorithms and accessible only by the relevant person, provided that they take the necessary security measures, comply with the duty of confidentiality and act in accordance with the dignity and rules of the profession.
• Such applications may not be made available to persons other than the relevant user.
• Websites must include information such as the full name and academic title, where applicable, of the owner or owners; the registered title of a law partnership; the title of a law office; photographs; Union of Turkish Bar Associations and bar association registration numbers; the date of commencement of practice; the university from which the lawyer graduated; foreign languages known; office address; telephone and fax numbers; and email address.
• When registering websites with search engines, lawyers may use as keywords only their full name, the title of the law partnership or law office, the city in which they are located, the bar association with which they are registered, and words such as “lawyer,” “law,” “legal professional,” “justice,” “defence,” “claim,” “equality” and “right,” provided that the purpose is not to obtain work or create unfair competition with colleagues.
• Lawyers may not use or permit the use of online shortcuts intended to direct internet users to their own website or from their website to another website for the purpose of obtaining work or creating unfair competition. They may neither place nor accept advertisements.
• Lawyers and organisations subject to the regulations may not publicly describe lawyers, shared law offices or law partnerships with which they cooperate domestically or internationally, or in other cities, as “Liaison Offices” or by similar descriptions that present the cooperation as general and continuous.

An examination of the decisions of the Disciplinary Board of the Union of Turkish Bar Associations indicates that the following principle has been adopted:

“A lawyer introduces themselves through their work, knowledge, and the care and diligence shown in their professional matters. Their independence and respect for themselves and their profession prevent them from seeking clients. A lawyer does not pursue work; work pursues the lawyer.”

Despite this principle, advertising prohibitions are violated on certain websites and social media platforms through expressions such as:

• “Expert Lawyer”;
• “Lawyer Specialising in Your Cases”;
• “Best High Criminal Court Lawyer”;
• “Istanbul Criminal Lawyer”;
• “Best Lawyer in Istanbul”;
• “Best Lawyer in Türkiye”;
• “Best Divorce, Maintenance and Compensation Lawyer”;
• “Istanbul Divorce Lawyer”;
• “Urban Transformation Lawyer”;
• “Inheritance Law Lawyer”;
• “Best Real Estate Lawyer”;
• “Best Tenancy Lawyer”;
• “Best Eviction Lawyer”;
• “Best Rent Determination Lawyer”;
• “Cheque and Promissory Note Lawyer”;
• “Enforcement Law Lawyer”;
• “Citizenship and Foreigners Law Lawyer”;
• “Administrative Law Lawyer”;
• “Golden Visa Lawyer”;
• “Name and Surname Change Lawyer”;
• “Corporate Lawyer”;
• “Emergency Lawyer Consultation Line”;
• and similar wording.

The use of such expressions constitutes a violation of the prohibition on advertising and creates unfair competition among lawyers.

OFFENCES COMMITTED AGAINST LAWYERS

Where an offence is committed against a lawyer during the performance of their duties or because of those duties, the provisions applicable to offences committed against judges apply.

PUBLIC PROSECUTOR AUTHORISED TO CONDUCT AN INVESTIGATION

Investigations into offences allegedly committed by lawyers in connection with their duties as lawyers or their duties within the bodies of the Union of Turkish Bar Associations or bar associations are conducted, with the permission of the Ministry of Justice, by the public prosecutor of the place where the offence was allegedly committed.

Law offices and lawyers’ residences may be searched only pursuant to a court order, in connection with the matter specified in that order, under the supervision of a public prosecutor and with the participation of a representative of the bar association.

Except where a lawyer is caught in the act of committing an offence falling within the jurisdiction of a High Criminal Court, the lawyer’s person may not be searched.

The provisions of the civil and criminal procedure laws concerning courtroom order remain reserved. However, lawyers may not be detained or subjected to disciplinary imprisonment or monetary penalties under those provisions.

AUTHORISATION TO PROSECUTE, DECISION TO COMMENCE FINAL PROCEEDINGS AND THE COMPETENT COURT

The investigation file is submitted to the Directorate General for Criminal Affairs of the Ministry of Justice.

Where prosecution is considered necessary following examination, the file is sent to the public prosecutor’s office attached to the High Criminal Court located nearest to the High Criminal Court of the place where the offence was committed.

Within five days, the public prosecutor prepares an indictment and submits the file to the High Criminal Court for a decision on whether final proceedings should be commenced.

A copy of the indictment is served on the lawyer being prosecuted in accordance with the provisions of the criminal procedure legislation.

Where the lawyer requests the collection of certain evidence within the statutory period or submits an admissible request, the request is taken into consideration. Where necessary, the investigation is expanded by the presiding judge.

The trial of a lawyer in respect of whom a decision to commence final proceedings has been issued is conducted before the High Criminal Court of the place where the offence was committed.

The bar association with which the lawyer is registered is notified.

RIGHT OF OBJECTION

The public prosecutor or the accused may object, in accordance with the general provisions, to decisions of these courts concerning detention, release or the refusal to commence final proceedings.

The objection is examined by the High Criminal Court located nearest to the court that issued the challenged decision, excluding the High Criminal Court of the place where the offence was committed.

FLAGRANTE DELICTO

Where a lawyer is caught in the act of committing an offence falling within the jurisdiction of a High Criminal Court, the investigation is conducted personally by the public prosecutor in accordance with the general provisions.

PROHIBITION ON THE EXERCISE OF LAWYERS’ POWERS BY OTHERS

Persons who are not registered on the roll of a bar association and lawyers who have been suspended from practice may not prepare legal documents relating to cases that do not belong to them, conduct enforcement proceedings or exercise any other power reserved for lawyers.

Persons who are not registered on the bar roll may not use the title of lawyer.

However, lawyers who have been registered on the bar roll for twenty years and who close their offices and cancel their tax registration may continue to use the title of lawyer, provided that they inform the bar association of their status and fulfil their duties and obligations towards it.

Persons who, despite not being authorised to practise law, exercise powers reserved for lawyers by collusively acquiring receivables or abusing other rights granted by law are punishable by imprisonment for a term of one to three years and a judicial fine of up to one thousand days.

Courts, enforcement and bankruptcy offices and bar associations that become aware of conduct falling within the scope of this provision must notify the public prosecutor’s office.

The outcome of the prosecution is communicated to the bar association by the public prosecutor.

LEGAL SERVICES AGREEMENT

A legal services agreement may be freely concluded. It must relate to a particular form of legal assistance and specify an amount or value.

Oral agreements are proved in accordance with the general provisions.

Conditional agreements that are not contrary to law are valid.

Agreements exceeding the statutory ceiling for professional fees are valid only up to the maximum amount permitted under the Lawyers Act.

The invalidity of a fully performed agreement may not be alleged.

Except in cases of legal non-existence, the invalidity of one provision of a legal services agreement does not invalidate the entire agreement.

PROFESSIONAL FEES

Professional fees refer to the amount or value payable in consideration of the legal assistance provided by a lawyer.

A professional fee may not be agreed below the minimum fee specified in the minimum attorney fee tariff.

Where a lawyer accepts a matter free of charge, the lawyer must notify the board of directors of the bar association.

LAWYER’S RIGHT OF RETENTION AND PRIORITY OF PROFESSIONAL FEES

A lawyer may retain property, money and any other assets delivered by the client or received on the client’s behalf, in proportion to the lawyer’s receivable, until professional fees and expenses have been paid.

In respect of contractual fees and fees determined by a judge, the lawyer has priority over other creditors in relation to assets preserved or acquired by the client as a result of the lawyer’s work, as well as money or property to be recovered from the opposing party pursuant to a judgment.

The rank of the priority right is determined according to the date on which the power of attorney was executed. Where the power of attorney is general, priority is determined according to the date of the first official application made on behalf of the client in relation to the matter giving rise to the fee.

In the event of the client’s bankruptcy, the lawyer’s claim for professional fees also has priority.

OBLIGATION TO CONDUCT THE MATTER TO COMPLETION AND APPOINTMENT OF ANOTHER LAWYER

A lawyer must conduct an accepted matter to completion in accordance with the law, even where no written agreement has been concluded.

Where the power of attorney authorises the appointment of another lawyer, the lawyer may conduct the matter jointly with another lawyer or delegate it to another lawyer, unless the written agreement expressly provides otherwise.

Where a power of attorney generally authorises representation and the appointment of another lawyer in respect of all cases and matters commenced or conducted after the date of the power of attorney, the lawyer may conduct future matters jointly with another lawyer or delegate them without obtaining a separate power of attorney from the client.

APPOINTMENT OF ANOTHER LAWYER BY THE CLIENT

With the written consent of the lawyer first appointed, the client may appoint additional lawyers to participate in the prosecution or defence of the matter.

The client must request the first lawyer’s consent in writing and allow at least one week for a response.

Where the lawyer does not respond within that period, consent is deemed to have been given.

Where the first lawyer refuses consent, the legal services agreement automatically terminates. In such circumstances, the client is required to pay the first lawyer the full professional fee.

Where additional lawyers participate with the first lawyer’s consent, the client may not make any deduction from the first lawyer’s fee.

PROFESSIONAL FEES LIMITED TO A PARTICULAR MATTER

Unless otherwise provided in the agreement, the agreed professional fee relates only to the specific matter undertaken by the lawyer.

Counterclaims, other lawsuits, enforcement proceedings or any other legal assistance are subject to separate fees, even where they are connected or related to the original matter.

All taxes, duties, charges and expenses necessary for the performance of the matter or obtaining its result are the responsibility of the client and must be paid to the lawyer or the relevant authority upon the lawyer’s first request.

The client must provide a sufficient advance for the lawyer to make such expenditures.

Travel expenses incurred by the lawyer and compensation for leaving the lawyer’s usual place of work are separately payable by the client in accordance with the agreement.

The lawyer may not be compelled to travel unless such expenses have been paid in advance.

PROFESSIONAL RULES OF THE UNION OF TURKISH BAR ASSOCIATIONS

I. GENERAL RULES

1. Turkish lawyers believe in the necessity of preserving the independence of bar associations and the Union of Turkish Bar Associations and are committed to performing the duties incumbent upon them, both individually and institutionally, in that regard.

2. A lawyer must preserve professional independence and refrain from accepting work that may compromise that independence.

3. A lawyer must conduct professional activities with complete loyalty to their work and in a manner that promotes public confidence in the profession.

4. A lawyer must refrain from all conduct capable of damaging the reputation of the profession. The lawyer must also exercise the same care in private life.

5. In writing and speaking, a lawyer must express views in a mature and objective manner. In professional activities, the lawyer must refrain from statements unrelated to law and legislation.

6. A lawyer is concerned with the legal aspects of claims and defences and must remain outside the hostility created by disputes between the parties.

7. A lawyer must carefully avoid unnecessary conduct intended solely to obtain publicity.

a. A lawyer may announce only a change of address and only in a manner that does not constitute advertising.

b. A lawyer’s letterhead, business cards and office signs may not be excessive in a manner that may constitute advertising.

c. A lawyer may list an address in the professional section of a telephone directory. Different font sizes or wording resembling an advertisement may not be used.

d. Lawyers establishing a shared office must ensure that the office is not used as an advertising instrument and does not lose its character as a law office.

8. A lawyer must refrain from all conduct intended to obtain work.

9. A lawyer must ensure that any other legal position or opportunity held by the lawyer does not influence professional activities. Outside professional work, a lawyer may not exploit the privileges associated with the title of lawyer in personal disputes.

10. A lawyer may not make conflicting claims in the same case.

11. A lawyer must comply with the requirements of professional solidarity and order adopted by the Union of Turkish Bar Associations.

12. A lawyer must endeavour to maintain the office in a manner consistent with the dignity of the profession.

13. A lawyer who is required to remain away from the office for an extended period must notify the bar association of the name of the colleague who will handle professional matters and receive clients.

14. A lawyer must accept duties assigned by professional organisations unless there is a justified reason for refusing them.

15. A lawyer must provide the bar association with a copy of any statement of claim filed against the lawyer as a result of professional activities. The lawyer must accept the bar association’s offer of mediation in legal disputes.

16. A lawyer has the right to inspect all documents concerning the lawyer held by the bar association.

II. RELATIONS WITH JUDICIAL AUTHORITIES

17. In relations with judges and prosecutors, a lawyer must act in accordance with the standards arising from the nature of the judicial service. Mutual respect is essential.

18. A lawyer may not participate in a matter previously examined by the lawyer in the capacity of judge, prosecutor, arbitrator or another official position.

19. In relationships or affinities with judges and prosecutors that do not fall within the statutory degrees of kinship or marriage creating a legal impediment, the lawyer must exercise professional judgment in the manner most consistent with the dignity of the profession.

20. Lawyers and trainee lawyers must appear in court with uncovered heads and in clothing appropriate to the profession. At hearings, they must wear clean clothing and the robe prescribed by the Union of Turkish Bar Associations. Male lawyers must wear a tie to the extent permitted by climate and seasonal conditions.

21. A lawyer may not leave a hearing. However, the lawyer may withdraw where required by personal or professional dignity and must immediately notify the bar association.

22. Unless necessary for the defence, a lawyer must refrain from making requests that would prolong the proceedings.

23. In requests for the recusal of judges, prosecutors or other judicial officers, in complaints against them and generally in all oral and written statements, the lawyer must state the legally required grounds without exceeding the proper purpose. A copy of the recusal request or complaint must also be submitted to the bar association.

24. Where a lawyer is exceptionally required to obtain certain information from a person who may later testify as a witness, the lawyer must avoid creating any suspicion that the witness has been influenced. A lawyer may not advise witnesses or instruct them regarding the manner in which they should testify or behave before a judge.

25. In dealings with court clerks, enforcement offices and officials serving before any other authority, a lawyer must maintain conduct consistent with professional dignity and seriousness.

III. PROFESSIONAL SOLIDARITY AND RELATIONS AMONG COLLEAGUES

26. No lawyer may publicly express opinions concerning the professional conduct of another lawyer. Complaints of this nature may be submitted only to bar associations.

27. No lawyer may publicly express derogatory personal opinions about another lawyer, particularly counsel representing the opposing party.

A lawyer must notify the relevant bar association in writing before bringing proceedings, personally or as counsel, against another lawyer.

This rule also applies, in connection with the obligation to provide information, to proceedings brought by bar associations or the Union of Turkish Bar Associations against third parties, or by third parties against bar associations or the Union.

Lawyers working together as employees in public or private organisations must, regardless of their positions, observe the principles of justice and equality and avoid conduct incompatible with professional solidarity and dignity in the allocation and supervision of work and all other professional relationships.

28. A lawyer appearing in a case for the first time in the jurisdiction of another bar association should endeavour to make a courtesy visit to the president of that bar association.

29. A lawyer appointed by the president of a bar association due to the death of a colleague or for another reason may not refuse the appointment without providing an acceptable reason.

30. Lawyers must not withhold assistance and reasonable accommodations from one another in procedural matters and file examinations where such cooperation is required by professional solidarity.

Where a lawyer arrives shortly after a default decision has been issued due to lateness, opposing counsel must request that the default decision be revoked or corrected.

Where a lawyer cannot attend a hearing in another location due to an excuse and opposing counsel is travelling from another location, the lawyer must inform opposing counsel of the excuse in advance.

Correspondence marked “private” between lawyers may not be disclosed without the consent of the author.

31. A lawyer may communicate with the opposing party only through that party’s lawyer. Where the opposing party is not represented, contact must remain within strictly necessary limits. The lawyer must inform the client after every contact with the opposing party.

32. Irrespective of the type or procedure of the case, a lawyer must provide opposing counsel with copies of pleadings and important documents submitted to the court, even where no request has been made.

33. A lawyer who agrees to supervise a trainee must show the necessary care and attention and provide appropriate opportunities for the trainee’s proper development.

IV. RELATIONS WITH CLIENTS

34. A lawyer may communicate a legal opinion to the client regarding the likely outcome of a case, but must expressly state that the opinion does not constitute a guarantee.

35. A lawyer may not represent two persons in the same case where the defence of one could prejudice the defence of the other.

36. A lawyer who has provided legal assistance to one party in a dispute may not represent or provide legal assistance to the opposing party where their interests conflict.

Lawyers working in the same office are also bound by the rule prohibiting the representation of persons with conflicting interests.

37. A lawyer is bound by professional secrecy.

a. The same standard applies when exercising the right to refuse to testify.

Information learned as a result of an approach by a person whose case the lawyer did not accept is also confidential.

The duty of professional secrecy is indefinite and does not cease when the lawyer leaves the profession.

b. A lawyer must take measures to prevent assistants, trainees and employees from acting in breach of professional secrecy.

38. A lawyer may decline a proposed matter without giving any reason and may not be compelled to disclose the reasons underlying that decision.

A lawyer must not accept a matter beyond the lawyer’s available time or professional abilities.

The right to refuse or withdraw from a matter must be exercised in a manner that does not prejudice the client.

39. Where a client wishes to appoint a second lawyer after appointing the first lawyer, the second lawyer must notify the first lawyer in writing before accepting the matter.

40. Unless strictly necessary, a lawyer may not make statements to the press on behalf of a client. Such statements may not be intended to influence the administration of justice.

41. A lawyer may not obtain a benefit at the client’s expense by neglecting or abusing professional duties in a matter being handled.

42. A lawyer may request an advance to cover expenses relating to the matter. The advance must not substantially exceed the requirements of the matter. The lawyer must periodically inform the client of expenditures made from the advance and return any remaining amount when the matter is concluded.

43. Money and other assets received on behalf of a client must be communicated and transferred to the client without delay.

Where an account is maintained in relation to a client, the client must be informed of its status in writing at appropriate intervals.

44. A lawyer must attempt to prevent a client from making derogatory statements against colleagues and may withdraw from representation where necessary.

45. A lawyer may exercise the right of retention only in proportion to the amount owed.

46. Legal aid matters must be handled with the same care as all other matters.

47. A lawyer intending to bring proceedings for professional fees must first notify the board of directors of the bar association. The board is authorised to express its opinion on the matter.

V. RELATIONS BETWEEN LAWYERS, BAR ASSOCIATIONS AND THE UNION OF TURKISH BAR ASSOCIATIONS

48. The offices of president or board or disciplinary board member of a bar association, and president, board member, disciplinary board president or disciplinary board member of the Union of Turkish Bar Associations, may not be held simultaneously by the same person.

VI. ENTRY INTO FORCE AND SCOPE OF APPLICATION

49. To ensure the continuous development of the professional rules set out above, bar associations may submit new proposals to the General Assembly of the Union of Turkish Bar Associations, provided that they comply with the rules governing the agenda.

50. The professional rules set out above were adopted at the Fourth General Assembly Meeting of the Union of Turkish Bar Associations held on 8–9 January 1971, and it was decided that they would enter into force on the date of their publication in the Bulletin of the Union of Turkish Bar Associations.