Reprimand Penalty for Attorney Failing to Attend Hearings
The reprimand penalty imposed on the attorney who failed to attend the hearings of the case in which they served as defense counsel without an excuse and missed the statutory deadline was upheld.
Summary
The attorney appointed as defense counsel pursuant to the CMK by the Bar Association failed to attend the critical hearings of the case in which their client was tried without submitting an excuse, and caused a loss of rights by missing the deadline for appealing the adverse decision. Although the respondent attorney appealed the disciplinary penalty, the TBB Disciplinary Board found that the attorney breached the duty of care and acted contrary to the rules of professional loyalty. Concluding that the act undermined the honor and trust of the legal profession, the Bar Association Disciplinary Board's decision imposing a reprimand penalty was upheld.
The Facts
It was alleged that in a criminal case where the respondent attorney undertook defense counsel duties under the CMK, they failed to attend three separate sessions without an excuse, including hearings where the prosecution presented its opinion on the merits and the case reached the decision stage, and furthermore missed the deadline for appealing the adverse court decision.
Assessment
It is established that the respondent attorney neglected their duty by failing to attend hearings and missing the appeal deadline. Evaluating that the attorney failed to fulfill their duty of professional care and duty of loyalty toward their client, and that this situation damaged the reputation of the profession, the TBB decided that the disciplinary penalty was appropriate.
Rules Violated
- Attorneys' Act (No. 1136) art. 34
- Attorneys' Act (No. 1136) art. 134
- TBB Professional Rules 3
- TBB Professional Rules 4
Key Terms
- Müdafi
- The attorney who defends the suspect or defendant in criminal proceedings.
- Özen Yükümlülüğü
- The attorney's obligation to follow up on the work entrusted to them in a careful and meticulous manner, in compliance with the laws and professional rules.
- Eski Hale İade
- The attorney's right to request anew a deadline lost due to reasons beyond their control, starting from the elimination of said condition.
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Outcome
It was decided that the respondent attorney's appeal be rejected and the reprimand penalty be UPHELD.