The duty of care of a Turkish lawyer towards his client is one of the significant responsibilities in Turkey, as it is in many jurisdictions. Such a duty does not mean just carrying out the work a client requires but also involves the responsibility to exercise professional standards of care, diligence, and loyalty. When such a duty of care is breached, clients may have recourse through professional negligence claims. At CCS Law, we often advise clients on such claims and advise upon the understanding of the legal standards that Turkish attorneys are to be held liable against.
Understanding Lawyers' Duty of Care
Turkish law defines lawyers not only as independent professionals but also as providers of a public service, where the practice contributes to the maintenance of justice as defenders of legal rights. The standard of care expected of attorneys is primarily addressed by the Turkish Attorneyship Code, Law No. 1136, and the Turkish Code of Obligations, which state that attorneys must act with the degree of diligence, truthfulness, and honor that their profession requires. Attorneys are also obliged to comply with professional regulations enacted by the Turkish Bar Association, which requires the protection of the public's trust and confidence in the profession.
The duty of care owed by Turkish lawyers has a twofold nature:
Statutory duty of care and loyalty pursuant to the Attorneyship Code, which prescribes the morality, veracity, and professionalism that a lawyer must keep.
Duty of Care under Contract with clients, pursuant to the TCO binding lawyers to act in conformity with the instructions given by clients and to make decisions that serve best the interest of their clients.
Breach of Duty and Professional Negligence
Whenever such duties are infringed, a claim for breach of contract or a claim for professional negligence may arise. Under Turkish law, such a lawyer is obliged to follow the instructions of the client, provide necessary legal advice, and never take an action that may eliminate or worsen the legal position of the client. If the failure on these aspects results in the harm of the client, then such a lawyer could be liable to compensate the losses the client suffered. Professional Negligence in Turkish Legal Practice: Understanding Lawyers’ Duties and Client Rights
Importantly, the lawyer is responsible for the process, not the outcome of the case. In this regard, a client's legal matter may not have a favourable conclusion, but that does not of necessity imply lawyer negligence. The role of the lawyer is to diligently observe all requirements of procedure, advise the client appropriately, and pursue the best course within the law. However, when there has been a failure to take certain steps, follow instructions, or when an act of professional incompetence will bring about financial or legal loss to the client, it will give rise to liability.
Prerequisites to Professional Negligence Claims
Generally speaking, the following must be satisfied before a claim can be established:
Duty and breach of duty: There should be the existence of an attorney-client relationship, and from this relationship, there would be a contractual and a statutory duty. It has to be proved that the lawyer has committed a breach of duty by failure or inefficiency in the discharge of his responsibilities.
Client's Loss: The client has to prove a clear loss that has taken place due to the negligence of the solicitor. Where the same position would have been reached with the actions of the solicitor, or without them, a claim for damages may fail.
Causation: The client must prove that the breach of duty by the solicitor was directly related to their financial or legal loss.
Legal Recourse and Remedies
When a lawyer is considered to have committed a breach of duty of care, Turkish law has various remedies. The client can claim the following in Turkish law: Material Damages: Compensation regarding quantifiable losses, such as missed deadlines for filing an action that caused some financial consequence. Non-material (moral) damages could also be claimed where the action of the lawyer is seen to have caused emotional or reputational damage.
Moreover, professional indemnity insurance covers Turkish attorneys in case of negligence and provides a course of action to seek and collect damages through the attorney's bar association, if needed.
Professional negligence claims in Turkey have a purpose of maintaining the high standards expected of the legal profession. Lawyers are expected to act in a way that upholds the confidence of the public, so as to ensure due care and diligence in the performance of their work. It helps clients to know such responsibilities in light of protecting their interests and taking action if they feel a lawyer has committed a breach of conduct.
Professional negligence cases, involving lawyers in Turkey, are serviced professionally at CCS Law. We work diligently on behalf of our clients to ensure their questions about a lawyer's professional duties are resolved. Contact us today for expert legal advice and dedicated support in safeguarding your rights and interests.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.
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