A lawyer is a professional who specializes in the field of law, providing guidance to individuals, organizations, or communities on legal matters, defending their rights, and representing them in courts. Lawyers play a crucial role in the application of law, ensuring justice, and resolving legal disputes. They usually work under bar associations and are obliged to adhere to professional ethical standards.
The legal profession is a public service and a free profession. An attorney independently represents the defense, which is one of the foundational elements of the judiciary. The purpose of the legal profession is to regulate legal relationships, resolve all kinds of legal issues and disputes in accordance with justice and fairness, and ensure the full application of legal rules before all levels of judicial bodies, arbitrators, and both public and private individuals, bodies, and institutions. For this purpose, an attorney is a person who dedicates their legal knowledge and experience to the service of justice and the benefit of individuals (Attorneyship Law, Article 2).
Duties and Responsibilities of a Lawyer
The duties and responsibilities of lawyers can generally be summarized as follows:
1. Legal Consultation:
- Offers guidance to clients for resolving legal issues.
- Assists in the preparation of contracts, petitions, and other legal documents.
2. Court Representation :
- Represents clients in courts, arbitration boards, or administrative bodies.
- Defends clients’ rights in cases.
3. Preparation of Legal Documents:
- Prepares case petitions, appeals, protocols, and contracts.
4. Research and Evidence :
- Examines laws, judicial decisions, and academic sources to gather evidence for legal cases.
5. Ethics and Confidentiality:
- Respects client confidentiality and complies with professional ethical rules.
Areas of Specialization for Lawyers
Due to the broad scope of law, lawyers often specialize in specific areas. Major areas of specialization include:
1. Commercial and Corporate Law:
Commercial and Corporate Law; Commercial contracts, the establishment, operation, and dissolution of companies, mergers, acquisitions, and conversions of companies, bankruptcy and liquidation processes, and disputes related to valuable documents such as promissory notes, bonds, and checks.
2. Obligations Law:
Obligations arising from contracts, torts, and unjust enrichment, including the performance of such obligations, the consequences of non-performance, termination, joint and several liabilities, conditional obligations, assignment of claims, and more. Their expertise covers a wide range of contracts, such as:sales contracts, barter contracts, promise of gift contracts, lease contracts, loan contractd, service contracts, marketing agreements, contract of work, publishing agreement, attorney agreements, brokerage contracts, acting without authority, commission contracts, safekeeping contracts, bailment contract, gambling and betting agreements, annuity contracts, lifelong support agreement, ordinary partnership agreements.
3. Family Law:
Family law; Engagement, divorce, custody, adoption, alimony, and similar matters.
4. Inheritance Law:
Issues related to legal and appointed heirs, drafting wills (handwritten, official, or oral), renunciation of inheritance, disinheritance, rejection of inheritance, and division of inheritance.
5. Criminal Law:
Criminal law; The investigation and prosecution stages for individuals who are victims or suspects of a crime. Crimes against life, physical integrity, sexual integrity, freedom, honor, privacy, personal life, property, society, nation, and the state.
6. Labor Law:
Employment contracts and their forms, remote work, probationary employment contracts, consequences of termination for invalid reasons, changes in working conditions and termination of employment contracts, the employee’s right to immediate termination for just cause, the employer’s right to terminate for just cause, the right to job-seeking leave, the obligation to employ disabled and former convicts, overtime pay, working on national holidays and general public holidays, weekly rest pay, public holiday pay, annual paid leave rights and leave durations, working hours, compensatory work, rest breaks, night shifts and night work, minimum working age and the prohibition on employing children, maternity leave and breastfeeding rights.
7. Real Estate Law:
Real estate law; Real estate transactions (buying and selling), lease agreements, mortgages, property cancellation and registration lawsuits.
8. Intellectual and Industrial Property Law:
Legal and criminal sanctions for violations of rights related to trademarks, geographical indications, designs, patents, utility models, and traditional product names; applications, registration, and post-registration processes for these rights; the rights of creators of intellectual and artistic works and legal and criminal cases for violations of these rights.
9. Carriage Law:
Contracts for passenger and cargo transportation by road, sea, and air, as well as disputes arising from these contracts.
10. Consumer Law:
Consumer contracts, defective goods and services, liability for defective goods and services, consumer rights, installment sale contracts, the right of withdrawal, consumer credit contracts, housing finance contracts, pre-sale agreements for housing, distance contracts, timeshare and long-term vacation service contracts, package tour contracts, subscription contracts, commercial advertisements and unfair trade practices, application to the Consumer Arbitration Board, decisions, and appeals, consumer courts, and mediation as a prerequisite for filing a lawsuit.
11. Competition Law:
Agreements, coordinated actions, and decisions that restrict competition, exemptions, abuse of dominant market position, mergers or acquisitions, the legal nature of agreements and decisions that violate competition law, the right to compensation, damages, and the burden of proof.
12. Arbitration Law:
Arbitration law; Arbitration agreements, avenues for appeal against arbitral awards, and recognition and enforcement of foreign arbitral awards.
13. Administrative Law:
Administrative actions, administrative contracts, public services, law enforcement, civil servants, public property, and administrative responsibility.
14. International Law:
International trade, foreign investments, and legal consultancy services abroad.
The Profession of Law and the Principles of Conduct for a Good Lawyer
The profession of law in Turkey is regulated by the Law on the Bar Associations No. 1136. This law outlines the fundamental principles of the legal profession and the ethical standards that lawyers are required to uphold. The profession of law plays a crucial role in protecting individual rights and ensuring justice. Therefore, lawyers must exercise great care in their conduct and adhere to professional ethics. Lawyers are obligated to carry out the duties entrusted to them with the care, accuracy, and honor befitting the sacredness of the profession, to act in a manner that aligns with the respect and trust required by the title of attorney, and to comply with the professional rules set by the Union of Turkish Bar Associations (Attorneyship Law, Article 34).
1. Professional Dignity and Respect
Lawyers are required to perform the duties entrusted to them with the care, accuracy, and honor befitting the sacredness of the profession, to act in accordance with the respect and trust required by the title of attorney, and to adhere to the professional rules set by the Union of Turkish Bar Associations (Attorneyship Law, Article 34).
The dignity of the legal profession is considered one of the pillars of justice. A good lawyer should uphold honesty, impartiality, and independence, ensuring that personal interests do not take precedence over professional honor.
2. Integrity and Impartiality
“A lawyer is obliged to avoid behaviors and attitudes that would tarnish the reputation of the legal profession and undermine public trust and confidence, and to work with the honesty required by the profession” (Union of Turkish Bar Associations Decision No. 1986/41 and 1986/44 dated June 28, 1986). A good lawyer must maintain their impartiality while defending their client’s rights. Lawyers should avoid conflicts of interest and strive for justice.
3. Professional Knowledge and Experience
A lawyer conducts their professional work in a manner that ensures public trust and confidence in the profession, and with complete dedication to their work (TBB Professional Rules I/3). Lawyers are obligated to continuously improve their professional knowledge and skills. A good lawyer should keep their legal knowledge up to date, follow legal literature, symposiums and conferences, current case law, and legal changes, in order to provide the best service to their clients. They must have sufficient expertise in their areas of practice.
4. Client Rights and Confidentiality
According to Article 36 of the Attorneyship Law, lawyers are prohibited from disclosing information learned in the course of their legal duties. A good lawyer must respect the confidentiality of their clients and refrain from disclosing sensitive information to third parties. The duty to maintain attorney-client confidentiality is indefinite, and leaving the profession does not relieve a lawyer of this obligation.
5. Respect and Cooperation Among Colleagues
A lawyer must protect the dignity of the legal profession and strengthen respect and cooperation among colleagues. A good lawyer should not be competitive toward other lawyers but should support and cooperate with them to ensure justice. Regardless of the circumstances, a lawyer must not lose control, act in a manner befitting the respect required by their title, and maintain their dignity in dealings with officials in courts and enforcement offices.
6. Fair and Ethical Conduct
Lawyers must act fairly and in accordance with ethical behavior. These principles require lawyers to remain honest, impartial, and respectful while advocating for their clients’ interests.
Within the framework of Turkey’s Bar Associations Law, a good lawyer must possess dignity, integrity, impartiality, and professional expertise. Lawyers not only defend their clients’ rights but also contribute to the preservation of the legal system and ensure justice. Upholding ethical standards and maintaining the dignity of the legal profession are essential to promoting justice in society.
Faculty of Law Education
Becoming a lawyer requires a lengthy and rigorous educational process. Candidates must first graduate from a law school. Legal education covers public law areas such as constitutional law, criminal law, and administrative law, as well as private law fields like civil law and obligations law, in addition to fundamental legal principles. After graduating from law school, candidates who pass the Legal Profession Entrance Exam complete a one-year compulsory internship and then obtain their attorney license. Throughout this educational journey, candidates gain both theoretical knowledge and practical legal experience.
Job Fields of Lawyers
Lawyers can work in various fields.
- Private Law Firms: Many lawyers work privately, either establishing their own firms or working in existing law firms.
- Corporate Law: Large companies employ lawyers to handle their legal matters and resolve disputes.
- Public Institutions: Lawyers working in government agencies provide legal advice to organizations on public sector matters.
- Academic Careers: Some lawyers pursue a career in academia by teaching law at universities.
Lawyers may also work for international organizations or non-governmental organizations.
The Role of Lawyers in the Legal System
In Turkey, the legal profession is regulated by the “Attorneyship Law,” which defines the duties, rights, and responsibilities of lawyers. “Lawyers are obligated to carry out the duties entrusted to them with care, accuracy, and honor befitting the sacredness of the profession, to act in accordance with the respect and trust required by the title of attorney, and to comply with the professional rules set by the Union of Turkish Bar Associations” (Attorneyship Law, Article 34).
The “professional rules” are established by the Union of Turkish Bar Associations to maintain and reinforce the order and traditions of the profession, ensuring that the duties assigned to lawyers by the law are carried out with dignity. Some key principles from the Attorneyship Law and the Professional Rules are as follows:
The Legal Profession in Turkey: References from the Attorneyship Law
The legal profession in Turkey is governed by the “Attorneyship Law” (Avukatlık Kanunu), which sets out the rules, rights, and responsibilities of lawyers. Some key principles from the Attorneyship Law include:
1. Independence and Impartiality:
In their professional work, a lawyer maintains their independence and avoids accepting tasks that could undermine this independence (Professional Rules, I. 2). The lawyer makes efforts to ensure that the independence of the law firm’s legal services and the dignity of the task are maintained (Professional Rules, I. 12).
2. Confidentiality:
Lawyers are prohibited from disclosing information learned in the course of their legal duties or through their roles in the Union of Turkish Bar Associations and local bar associations (Attorneyship Law, Article 36). Violating this confidentiality can lead to disciplinary and legal consequences.
3. Duty to Serve Justice:
The fundamental duty of lawyers is to protect and defend the interests of their clients within the boundaries set by the law. Defense ethics concern the limitations that lawyers must adhere to while fulfilling their duty to defend. The ultimate goal is to ensure justice.
4. Ethical Conduct:
Lawyers are required to adhere to the highest standards of ethics, avoiding any behavior that could undermine the dignity of the profession or the trust placed in them by society.
5. Prohibition of Conflict of Interest:
Article 38, paragraph (b) of the Attorneyship Law, titled “Obligation to Refuse the Case,” establishes the rule that a lawyer who has represented or given an opinion to one party with conflicting interests in the same matter must refuse the case. Similarly, Article 35 of the Professional Rules states that “A lawyer cannot accept the representation of two individuals in the same case if one’s defense would harm the other’s defense.” Furthermore, Article 36 of the Professional Rules stipulates that “A lawyer who provides legal assistance to one party in a dispute cannot accept the representation of the other party whose interests conflict, nor can they provide any legal assistance to them.” The second paragraph of this article also establishes the rule that “Lawyers working in the same office are bound by the rule not to represent conflicting parties.”
Qualities of a Good Lawyer
A good lawyer should embody the following qualities:
1. Integrity and Ethics:
Uphold ethical standards and act with honesty, respecting the dignity of the legal profession.
2. Analytical Thinking:
Evaluate complex legal issues and provide well-reasoned advice.
3. Effective Communication:
Clearly articulate arguments and convey legal concepts to clients and courts.
4. Empathy and Understanding:
Approach clients’ issues with sensitivity and provide support while maintaining professionalism.
5. Continuous Learning:
Stay updated with changes in laws and legal practices to provide the best possible service.
In conclusion, the legal profession is a cornerstone of justice and societal order. Lawyers, guided by both national laws such as the Attorneyship Law and universal ethical principles, must balance their commitment to their clients with their duty to the broader community.