THE UNION OF TURKISH BAR ASSOCIATIONS THE RULES OF PROFESSIONAL CONDUCT [1]


NOTE: This translation is unofficial and for information purposes only. Read this page first, please. Click "TÜRKİYE BAROLAR BİRLİĞİ MESLEK KURALLARI" for full Turkish text of the Rules.

[1] It has been adopted in the fourth General Assembly of the Union of Bar Associations of Turkey dated January 8-9,1971 and entered into force by being published in the Bulletin of the Union of Bar Associations of Turkey dated January 26,1971.


I - General Rules

1. Turkish attorneys have believed the necessity of the independence of bar associations and of the Union of Bar Associations of Turkey, resolved to accomplish the duties rest upon them in this respect both individually and institutionally.

2. The attorney retains his or her independence in his or her professional activities and avoids accepting work that could injure that independence.

3. The attorney will conduct his or her professional activities in such a way that to ensure public faith and confidence and with a complete devotion in his or her work.

4. The attorney has to refrain from all attitudes and conduct that would blemish the respectability of the profession. The attorney is obligated to be attentive at this in his or her private life, as well.

5. The attorney must express his or her ideas in a mature and objective manner in writing and speech. The attorney must avoid explanations not related to law or statutes in his or her professional activities.

6. The attorney will be interested in the legal aspect of allegation and defense. He or she must remain outside of the hostilities engendered by the dispute between the parties.

7. The attorney must meticulously avoid any kind of unnecessary acts intended solely to promote his or her reputation.

a) The attorney may only announce his change of address by publication in such a way that not to bear the nature of advertisement.

b) The attorney's letterheads, business cards, and office signs may not be in such lavish design to bear the nature of advertisement.

c) The attorney may make his or her address written in the businesses section of the telephone directory. Except this, he or she may not make given place to any letters in different sizes and writings that are in the nature of advertisement.

d) Attorneys which establish joint office, will take care that their office shall not be a means of advertisement and not lose its quality of being a law office.

8. The attorney must avoid any kind of conduct in the nature of providing work for him or her.

9. The attorney must make sure that other position and opportunities that he or she legally have possession of do not be effective in his or her professional activities.

The attorney may not benefit from specialities of the attribution of attorneyship in personal disputes out of his or her professional activities.

10. The attorney may not claim conflicting requests for the same suit.

11. The attorney is obliged to conduct in accordance with the requirements of professional solidarity and order adopted by the Union of Bar Associations of Turkey.

12. The attorney takes care to maintain his or her office in a state proper to the dignity of the profession.

13. An attorney who has to be absent from his or her office for quite a long time will inform his or her bar association of the name of a colleague who will take care of his or her business and receive his or her clients.

14. The attorney is obliged to accept the duties assigned by professional organizations except for justifiable reasons.

15. The attorney will present a copy of the lawsuit petition which has been filed against him or her in connection with his or her professional activities to his or her bar association. The attorney is obliged to accept the offer of mediation made by his or her bar association in legal disputes.

16. The attorney has the right to review all the documents related to his or her person in the bar association.


II - Relationships with Judicial Bodies and Judicial Authorities

17. The attorney has to behave in compliance with the standards arising from the characteristics of the profession in his or her relationships with judges and prosecutors. Mutual respect is essential in this relationships.

18. The attorney may not be assigned for a job which he or she has examined previously in the capacity of a judge, public prosecutor, arbitrator or in any other official capacity.

19. The attorney will exercise his or her discretion in the most proper way for the honor of the profession in kinships with judge and public prosecutor or the kinships except for the degree prescribed in the provision of the law which specifies impediments arising from marriage and in other kinds of affinities.

20. (Amended text: 20 th Ordinary General Assembly of the Union of Bar Associations of Turkey which was held in Giresun on the date of May 27-28,1989) The attorneys and attorneys in probation period will carry out their duties at courts in an attire and appearance befitting the dignity of the profession. They attend the court hearings with a robe which its form has been determined by the Union of Bar Associations of Turkey and a clean attire. Male attorneys will wear a tie insofar as climate and season circumstances permit.

21. The attorney may not leave the hearing. However, he or she may leave hearing in cases where his personal or professional honor necessitated. In this case he or she must immediately notify bar association.

22. The attorney must refrain from requests that would result the prolongation of the lawsuit unless it is necessary for the defense.

23. Concerning challenge of judge, challenge of or complaint against prosecutor and other judiciary officials, the attorney will explain the reasons required by law in a manner not exceeding the purpose generally in his or her writing and speech.

There will also be submitted a copy of the requests made for challenge or complaint to the bar association.

24. If the attorney had to be learned some issues exceptionally from the persons to be heard later as witnesses, he or she must avoid being fallen under suspicion of having influenced them. The attorney may not make recommendations to the witnesses and may not instruct them in what way they will testify or how they will act before a judge.

25. The attorney maintains his or her attitude and behaviours in accordance with the honor and sedateness of the profession in his or her relationships with the officials working in clerks’ offices of courts, enforcement departments, and in any kinds of judicial departments.


III - Solidarity and Relationships Among Colleagues

26. No any attorney may declare to the public his or her opinions regarding the professional attitude and behaviours of a colleague. The authorities to be made such complaints are bar associations only.

27. No any attorney may openly state his or her personal opinions in derogatory nature about a colleague, especially one who is representative of the adverse party.

(Amended paragraph: Adopted in 11 st Ordinary General Assembly of the Union of Bar Associations of Turkey which was held in Ankara on the date of January,12-13-14,1978) An attorney who will follow a lawsuit with the capacity of principal or representative against another attorney will inform with a writing his or her bar association of the suit. This rule will also be valid for the lawsuits to be filed by bar associations and the Union of Bar Associations of Turkey against third parties, and by third parties against bar associations and the Union of Bar Associations of Turkey as being bound by the obligation to give information.

(Amended paragraph: Adopted in 13 rd Ordinary General Assembly of the Union of Bar Associations of Turkey which was held in Ankara on the date of January,10-11-12,1980) The attorneys who works together dependantly in official or private institutions, they have to adhere to justice and equality principles and avoid from attitudes inconsistent with professional solidarity and honor in distribution, supervision of work and any kind of business deals, whatever their staff duties are.

28. An attorney who goes to a trial in the area of another bar association for the first time, will try to make a courtesy visit to the President of Bar Association of that place.

29. An attorney who has been assigned by the President of his or her Bar Association because of the death of a colleague or for other reasons, may not reject this assignment unless he or she shows an acceptable reason.

30. Attorneys will not withhold each other the assistance and convenience that could be considered as a necessity of solidarity in transactions related to procedure and examinations of files in professional activities.

If the attorney about whom a judgement on default has been rendered since he or she has been late for the hearing came soon, the attorney who is representative of the other party has to request the cancellation or correction of the judgement on default.

An attorney who is unable to go to his or her hearing that is in another area because of his or her excuse must inform the attorney of the adverse party concerning his or her excuse in advance to his or her colleague if he or she is coming from another place.

Correspondence between attorneys bearing record of "confidential" may not be disclosed without consent of the person who wrote it.

31. The attorney may have a talk with the attorney of the adverse party only.

(If there is no attorney of the adverse party) the contact of the attorney with the adverse party will remain in obligatory limits. The attorney will inform his or her client after every contact with the adverse party.

32. The attorney will provide his or her colleague representing the adverse party with each copies of the petition and important documents he or she submitted to the court (though not requested) regardless of the type and procedure of the lawsuit.

33. An attorney who have assent to take attorney in probation period will excercise care and attention in training of the apprentices well and prepare the means that are necessary.


IV - Relationships with Clients

34. The attorney may explain the client his or her legal opinion related to the consequence of the law. However, he or she states particularly that it is not an assurance.

35. An attorney may not assume the representation of two persons of whom the defense of one may damage the defense of the other in the same lawsuit.

36. An attorney providing legal assistance for one of the parties in a dispute may not assume the representation of the other party whose interest is in conflict.

The attorneys who work in the joint office are bound up with the rule of not to represent the persons of whom interests are in conflict.

37. Attorneys are bound up with professional secrecy.

a) The attorney will also take this rule as basis in refusal from testify.

The attorney will consider as secret the information he or she has learned because of the application of the persons who he doesn’t take their cases. Preservation of attorneyship secret is indefinite. Leaving the profession will not remove that obligation.

b) The attorney will take the necessary measures to prevent the attitudes that are against professional secret of his or assistants, trainees and the persons which he or she hired as well.

38. The attorney may either reject the business without having shown any reason that was proposed to him or her. The attorney may not be obliged to disclose the reasons which he or she took as basis for his or her assessment.

The attorney will not accept any business about which his or her time and capabilities will not be adequate.

The attorney will be careful in exercising his or her right to abstain from assuming and pursuing a lawsuit in a manner not giving damage to his or her client.

39. In case a job owner wishes to give representation to a second attorney in addition to the one with whom he or she had made a contract, the second attorney must inform in writing before accepting business the attorney who has been given representation firstly.

40. The attorney may not make declarations to the media on behalf of his or her client unless it is absolutely necessary. In declarations, there may not be sought an objective to influence the justice.

41. The attorney may not provide benefit for himself or herself in a lawsuit that he pursued at the expense of his or her client by neglecting or abusing his or her duty.

42. The attorney may request an advance payment to cover expenses related to the work. There will be careful the advanced payment not to be exceeded requirements of the job, the expenditures made from advanced payment to be reported to the client from time to time and the money remained from the advanced payment at the end of the job to be returned to the client.

43. Money and other things having value received on behalf of the client will be reported and delivered to him or her without delay.

If there is an account associated with the client, the status will be reported to the client in writing at appropriate times.

44. The attorney will try to prevent any verbal assaults directed towards his or her colleagues from his or her client; if necessary he or she may withdraw from representation.

45. The attorney may exercise his or her “right of retention” in proportion to his or her receivable.

46. Work done within the scope of judicial aid, will be conducted with the care shown to the other kinds of work.

47. An attorney who will file a lawsuit related to fee will firstly inform the Governing Board of the Bar Association. The Governing Board of the Bar Association will have the authority to deliver an opinion on the matter.


V – Relationships of the Attorneys with Bar Associations and the Union of Bar Associations of Turkey

48. There may not be combined the duties of the Presidency of Bar Association, the memberships of the Governing Board and the Disciplinary Board in bar associations, the Presidency and the memberships of the Governing Board of the Union of Bar Associations of Turkey and the Presidency and membership of Disciplinary Board of the Union of Bar Associations of Turkey in the same person.


VI - Entry into Force and Field of Application

49. Bar associations may bring new proposals to the General Assembly of the Union of Bar Associations of Turkey so as to provide constant development of the professional conduct mentioned above provided that be obeyed to provisions related to agenda.

50. The professional rules above have been adopted in the fourth General Assembly of the Union of Bar Associations of Turkey dated January 8-9,1971 and resolved them to enter into force on the date of their publication in the Bulletin of the Union of Bar Associations of Turkey.


LAST UPDATE: December 21,2017