TBB imposes 'social media' restrictions on lawyers

The amendments made to the Union of Turkish Bar Associations' (TBB) Regulation on Advertising Prohibition, published in the Official Gazette dated August 9, 2024, have updated the regulations concerning the advertising ban on lawyers' professional activities.

According to the amendment to the regulation, lawyers will not be able to broadcast or make written or visual posts "for the purpose of obtaining work, by sharing general and abstract content that is accessible to everyone."

Here are the amended articles:

ARTICLE 6- Article 7 of the same Regulation has been amended along with its title as follows.

"Use of Written, Auditory, Visual and Online Communication Tools

Article 7- Those covered by this Regulation;

a) May announce their address changes, office openings, and returns to the profession after a break exceeding six months; their entry into and exit from a law partnership, in a way that does not constitute advertising; once through written, auditory, visual communication tools and online channels. The registration or termination of a law partnership or the departure of one of the partners may be announced through publication.

b) May not make posts of an advertising nature regarding their lives, earnings, or professional activities in a way that associates with their professional identity. In cases where the title of lawyer is used in written, auditory, visual, and online communication tools, they are obliged to avoid behaviors that may damage the reputation of the legal profession in their posts regarding their private lives.

c) May not highlight past or current cases or legal work they are working on in written, auditory, visual, and online communication tools in a way that could constitute advertising. They may not make statements or posts acting as a spokesperson for the parties. In mandatory cases, they may provide information and make statements, provided that they remain within the legal dimensions of past or current case files. However, they may not broadcast or make written or visual posts for the purpose of obtaining work by sharing general and abstract content that is accessible to everyone.

ç) They are obliged to avoid any behavior that could be considered advertising, and any statement or post that damages the reputation of the legal profession, in broadcasts they participate in or are a part of, under any title, through written, auditory, visual communication tools and online channels.

d) They may not use domain names for the sole purpose of gaining fame, putting themselves ahead of their colleagues, or obtaining work through advertising. The domain name cannot be contrary to the dignity of the legal profession. They may open a website limited to the name and surname of the website owner(s), their academic title in the field of law if any, their photograph, the names and surnames of other lawyers working in the office, their academic titles in the field of law if any, the registered title if it is a law partnership, the office title if it is a law office, Union of Turkish Bar Associations and bar registration numbers, start date of the profession, university they graduated from, foreign languages they know, office address where the professional activity is carried out, telephone and fax numbers, e-mail and registered e-mail address information. They may not share information about their clients or the individuals and institutions they consult under the heading of "references" or any other name on the website. They may provide information about the areas in which the office operates on their websites, provided that it does not imply specialization.

e) They may not use directing codes, keywords, subdomains, page addresses, or apply similar methods to highlight their professional activities and rank higher in search engines, in online channels and in the design of websites or in codes perceivable by search engines, for the purpose of obtaining work and in a way that will lead to competition with their colleagues. They may not engage in work and transactions that will highlight the content they have prepared themselves, had prepared, or that has been prepared regarding them, for a fee or free of charge in online channels. They may not use internet shortcuts that will direct internet users to their own site or from their own site to another site, nor allow them to be used; they may not give or receive advertisements in online channels.

f) Provided that it is not for the purpose of obtaining work and does not lead to competition with their colleagues, they may announce information regarding their candidacy in bar or Union of Turkish Bar Associations organ and presidency elections, as well as general or local elections, through written, auditory, visual communication tools and online channels, provided that it starts at most 2 months before the election date and ends within 10 days following the election. These announcements shall be suitable for the purpose and worthy of the dignity of the profession."

News Source: 12punto