Attorneyship Law and an Ethical Evaluation

In this article, existing Attorneyship Law is being subject to review, on the basis of distinction between moral rules, professional rules and the ethic.

Lawyers operate “in legal area", assist clients in legal matters of natural and legal persons. The operations made and the results achieved by the lawyers within the existing legal system, reveals the society’s sense of justice. The international rules that will test the social justice will also reveal along with the internationalization of law. However, the field of law is the one that the lawyers criticise in minimum. Professional articles keep a very small amount of space among other articles written by lawyers. Lawyers do not discuss about amendments on the Attorneyship Law. Usually Turkish Bar Association takes the lead to such amendments. Lawyers are often excluded from such discussions.

The article also concerns on the meaning of "Ethics": In fact, every code, every code on attorneyship in this context, indicates the society's moral level. In a more general concept, ethics analyses the moral philosophies and ethical systems. According to Kant, ethics means "Practical Philosophy". Therefore, “how the lawyers are looking to their own code” is an ethical question. Lawyers could not be impartial for their own profession, although the pure ethics requires impartiality to the moral values. Thus, an ethical evaluation enables us to understand the references who evaluates.

In this context, article sets forth the ethical issues under the Attorneyship Law within 17 headings. (Inside the book; Haluk İnanıcı, 21. Yüzyılda Avukatlık ve Baro, Legal Yayınlar, 2008)