Article 36 of the Attorneys’ Law aims to maintain the highest level of trust in the attorney-client relationship. Attorneys are not only legally but also ethically obliged to comply with these confidentiality duties. These rules contribute to the effective and fair operation of the legal system and facilitate the establishment of a strong, trust-based relationship between the attorney and the client.
Attorney–Client Privilege
Article 36 of the Attorneys’ Law prohibits attorneys from disclosing the confidences they acquire in the course of their professional duties or entrusted to them by their clients. This obligation ensures the independence of attorneys and safeguards their responsibility to maintain the trust of their clients. Attorney-Client Privilege is a fundamental principle that ensures the efficient and secure functioning of legal proceedings.
Scope of Confidentiality: An attorney is bound by a duty of confidentiality regarding all information obtained from their client. This obligation extends not only to information related to the client’s legal situation but also to any personal information concerning the client. Attorneys cannot disclose this information, even with the client’s consent.
Attorneys may not disclose the confidences entrusted to them. The relationship of trust between the attorney and the client can only be maintained through adherence to such confidentiality rules. Therefore, attorney-client privilege is not merely a legal obligation but also an essential ethical responsibility.
Prohibition of Testimony: Attorneys are prohibited from testifying about confidential information pertaining to their clients. However, it is permissible for an attorney to testify with the explicit consent of the client. Nevertheless, attorneys have the right to refuse to testify, and exercising this right does not incur any legal or criminal liability.
Bar Association Personnel and Other Relevant Individuals: The same duty of confidentiality applies to personnel of the Turkish Bar Association and bar associations. In this context, not only attorneys but also all bar association personnel are prohibited from disclosing client confidences.
