Reprimand for Lawyer Representing a Party with Conflicting Interests
A reprimand penalty was imposed on a lawyer who, despite being the municipality's lawyer, undertook the defense of the mayor who was alleged to have caused damage to the municipality.
Summary
The respondent lawyer undertook the representation of the accused mayor in a public prosecution launched regarding the damage caused to the municipality where the lawyer served as institutional counsel. Regardless of whether the municipality joined the proceedings as an intervening party, the TBB Disciplinary Board found this conduct of the lawyer contrary to professional rules due to a conflict of duty and interest. Evaluating the lawyer's act within the scope of a conflict of interest between the represented party and the opposing party, the Bar Disciplinary Board's decision imposing a reprimand penalty was upheld.
The Facts
It was alleged that the respondent lawyer undertook the defense of the mayor, who was an accused on allegations of abuse of duty in the procurement processes of the municipality for which the lawyer acted as counsel, and participated in the public prosecution in this capacity.
Assessment
The Board emphasized that the concept of 'in the same matter' should not be interpreted narrowly, and that the phrase 'in a dispute' in Article 36 of the TBB Professional Rules delineates a broad domain of responsibility. In this situation where the interest of the institution conflicted with the interest of the accused, the lawyer representing both sides simultaneously was characterized as conduct damaging the trustworthiness of the profession.
Rules Violated
- Attorneys' Act (No. 1136) art. 38/b
- TBB Professional Rules art. 36
Key Terms
- Menfaat Çatışması
- Situations where the interests of the parties to whom the lawyer provides legal assistance do not coincide or are in conflict.
- Sanık Müdafii
- The lawyer who defends a person with the status of a suspect or defendant in criminal proceedings.
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Outcome
It was decided to reject the appeal and uphold the decision regarding the reprimand penalty.