Mesajı Okuyun
Old 03-03-2018, 16:49   #1
Konuk

 
Varsayılan Bar Associations' Professional Rules query

I am looking at the attorneyship law (Avukatlık Kanunu) and the professional rules of the Turkish Bar Association (TBB Meslek Kuralları) and would like to understand a point of law. Article 34 of the attorneyship law says (in translation):

Attorneys are under the obligation to carry out the duties they assume with care, accuracy, and integrity in a manner becoming the sacredness of their profession; to comport themselves in a manner suitable to the respect and trust the profession requires; and to comply with the professional rules set by the Union of Bar Associations of Turkey.

This suggests to me that the professional rules have the sole purpose of regulating the behaviour of lawyers. This is reflected in the professional rules which for the most part seem to say that 'a lawyer must do this' or that 'a lawyer must not do that'. There are however a few of the rules whose wording (in translation) seems to create rights for lawyers. For example:

"38. The lawyer may decline to render services without having to state a reason. ..."

Does this create a right by which a lawyer may evade an obligation specified in a contract with their client? Does it modify the usual operation of the Turkish Code of Obligations?

Another example:

"45. The attorney may exercise his/ her right of lien in proportion to the money owed to him/ her."

Does this create a 'right of lien' for lawyers that did not otherwise exist? Or perhaps the implication is really that the attorney may exercise his/ her right of lien ONLY in proportion to the money owed to him/ her. For example, if the client owes the lawyer for fees or expenses and the lawyer collects property on behalf of the client then presumably the lawyer can only keep the minimum neccessary to cover what is owed by the client.

So in summary. I am worried about the English translation and am wondering ... do the professional rules merely regulate lawyers or do they also create rights for lawyers?

Thanks in advance.