Suspension for Attorney Committing Abuse of Trust
The disciplinary penalty of reprimand imposed on the attorney who retained the client's money was converted upon objection into a suspension penalty for a period of one year.
Summary
The respondent attorney retained and used the client's receivables collected from the enforcement file for a long time despite the warning letter. Due to this act, a conviction was rendered against him/her for the offense of abuse of trust due to service, and a deferral of the announcement of the verdict was decided. The penalty of reprimand imposed by the Bar Association Disciplinary Board was deemed insufficient by the TBB Disciplinary Board on the grounds that it was incompatible with the gravity of the act and professional dignity. Observing the balance of justice and equity, the TBB increased the sanction to a temporary suspension from the practice of the profession for a period of one year.
The Facts
It was alleged that the respondent attorney did not deliver the money belonging to the client collected from the enforcement office to the client for a long time despite the warning letters and retained it in his/her possession.
Assessment
While the TBB Disciplinary Board has discretionary authority in determining the disciplinary penalty, it emphasized the seriousness of the act of abuse of trust due to service. Even if a decision on the deferral of the announcement of the verdict (HAGB) was rendered, the established nature of the act and its negative impact on professional reputation were taken into account. Considering the previous reprimand penalty to be lenient, the Board, taking into consideration the amount of money collected and the nature of the act, increased the penalty in accordance with equity to suspension for a period of one year.
Rules Violated
- Attorneys' Act (No. 1136) art. 5/1-a
- Attorneys' Act (No. 1136) art. 34
- Attorneys' Act (No. 1136) art. 134
- Attorneys' Act (No. 1136) art. 135/5
- Attorneys' Act (No. 1136) art. 136/1
- Attorneys' Act (No. 1136) art. 157
- Attorneys' Act (No. 1136) art. 158/1
- TBB Professional Rules 3
- TBB Professional Rules 4
- TBB Professional Rules 43
Key Terms
- Uhdesinde tutmak
- Keeping a money or property received in one's own disposition or possession by not delivering it to another.
- Reddiyat makbuzu
- The document showing that the money kept before the enforcement directorates has been paid to the right holder or his/her attorney.
- Hükmün açıklanmasının geri bırakılması (HAGB)
- The situation where the conviction judgment established as a result of the trial does not yield legal consequences for the defendant under certain conditions.
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Outcome
The reprimand penalty imposed by the Bar Association Disciplinary Board was converted into a suspension from the profession for a period of one year and approved as corrected.