Principles of the Legal Profession: One must act with professional dignity and decorum

In Turkey, the legal profession is regulated by the Attorneys Act No. 1136. It comprehensively regulates the rights and duties possessed during the practice of the profession, starting from the conditions for admission to the profession. The establishment and duties of Bar Associations and the Union of Turkish Bar Associations are also defined in detail by the same law. In addition to the relevant law, the Professional Rules of the Union of Turkish Bar Associations have also put the principles of practicing the profession into writing. The principles contained in this text define the rules of courtesy, professional procedures, and ethical principles that are expected to be followed in the practice of the profession. It should not be forgotten that, in addition to the fact that the legal profession, which is a public service, is subject to extremely strict professional rules, it is also important to behave in accordance with a set of etiquette/behavioral/label rules and, especially, morality while performing legal activities.

When we look at the areas of activity of the profession, I would like to mention a few of the concepts that we encounter; personal liberty, safety of life and property, freedom of expression, public health, and the protection of nature and the environment. What should be the professional and individual procedure/style to be followed by lawyers, who are protected by law and are among the founding elements of the legal system, while defending the rights listed in the previous sentence and others not limited to these?

The Law and Professional Rules draw the framework as written texts. Let us assume that professional knowledge and competence are also provided through education, examinations, and internships. Alongside these, there is a legacy of behavior that has accumulated from the history of the profession to the present day. In my opinion, the sum of these constitutes the characteristics that a lawyer should possess: being a respectable individual in society, practicing the profession with decorum, and most importantly, morality.

DIGNITY, DECORUM, AND MORALITY

Not only for the legal profession but for every profession and for life itself, a person needs to read a lot. Not limited to professional publications, but literature, art, history, geography, politics. Whatever comes to mind. Having general knowledge, or in other words, being "literate" in a broad sense, is very important. It is also extremely important for lawyers to improve themselves. The comprehension and resolution of a legal dispute may not lie solely in legislation; an individual's intellectual capacity is also an extremely important aid.

I would like to share the scene I encounter on TV and websites almost every evening. Examples of the topics discussed are as follows: cross-border military operations, the medium-term economic program, the main opposition party's congress, earthquakes, COVID vaccines, and the Israel-Hamas conflict. Every event certainly has a connection to the law, but the focal points of the topics I listed above are likely not law. While these topics are being discussed, I see lawyers on the screens, some of whom I could call regulars. Seeing their level of knowledge on these subjects, I watch them with a bit of envy. In addition to the legal equipment they possess, being able to speak on areas that I think require special expertise is very important.

However, when they express their opinions passionately, sometimes by shouting and interrupting the person in front of them, I think about the need to act with professional dignity and decorum. I wonder how much appearing so often on screens on topics related/unrelated to law aligns with the prohibition on lawyers advertising. I am trying to estimate how these colleagues, who almost have their own "fans" in society as a result of the cases they face, contribute to the reputation and dignity of the profession, what consequences the transformation of lawyers into media figures will have, and how it will affect young people who are about to step into the profession.

Actually, I am trying to understand and accept the spirit of the times.

Atty. Aydın Davran

News Source: 12punto