Disciplinary Sanction for Petition Containing Insults Against a Colleague
The warning penalty imposed on an attorney who used derogatory expressions regarding a colleague in a court petition was upheld.
Summary
The respondent attorney used derogatory and non-objective expressions about their colleague, who was the opposing counsel, in a petition submitted to the court. Although the respondent attorney argued in their defense that their act was a reaction to the opposing party's erroneous professional conduct, the TBB Disciplinary Board ruled that such expressions are incompatible with the duty of defense. Due to this attitude violating the rules of professional conduct, the warning penalty imposed by the bar disciplinary board was found appropriate and upheld.
The Facts
The disciplinary process was initiated after the respondent attorney used derogatory expressions in a petition submitted to the court, questioning the professional activities of the colleague acting as opposing counsel and targeting their personality.
Assessment
The expressions used by the respondent attorney in the petition exceeded the limits of defense and targeted the personality of the colleague. The TBB Disciplinary Board reminded that even if an attorney believes they have been subjected to an unfair accusation, they must express their reaction through legal means and in a mature/objective language. Stating that the expressions in question carried no professional necessity and were directly aimed at belittling the colleague, the violation of the rules of professional conduct was held established.
Rules Violated
- TBB Professional Rules art. 5
- TBB Professional Rules art. 6
- TBB Professional Rules art. 27
Key Terms
- Objektiflik ilkesi
- The attorney's obligation to approach events and individuals from an objective and impartial perspective, free from personal emotions.
- Disiplin kovuşturması
- The investigation and trial process conducted by the bar association regarding the attorney's actions contrary to the rules of professional conduct.
Follow Turkish legal developments
REGAS summarizes Turkish court and disciplinary decisions in plain language and notifies you.
The REGAS app is currently Turkish-only. If you would like English in the app, the best way to make it happen is to support the developer: get the app and just say so.
Outcome
Rejection of the appeal and upholding of the warning penalty.