Reprimand for Lawyer Violating the Advertising Prohibition in the Earthquake Zone
A disciplinary penalty of reprimand was imposed on the lawyer who was found to have distributed business cards in order to secure business targeting earthquake victims.
Summary
It was alleged that the respondent lawyer distributed their business cards through intermediaries to citizens in the earthquake zone with the promise of compensating their damages and attempted to secure business. Reviewing the appeal against the 'no penalty required' decision rendered by the Bar Association Disciplinary Board, the TBB Disciplinary Board concluded that the act violated the advertising prohibition and the rules of professional dignity. Consequently, the appeal was accepted and a disciplinary penalty of reprimand was imposed on the lawyer.
The Facts
It was alleged that the respondent lawyer distributed their business cards through intermediaries to earthquake victims in tent cities within the earthquake zone with the promise of assisting in the compensation of damages, attempting to obtain powers of attorney en masse.
Assessment
The TBB Disciplinary Board emphasized the importance of protecting the collective reputation of the legal profession. It found the respondent's business card distribution and attempts to secure business to be in violation of Article 55 of the Attorneyship Law No. 1136, which regulates the advertising prohibition, and Article 8 of the TBB Professional Rules (prohibition on self-solicitation of business). Contrary to the defense, the collected evidence and official reports established that the act violated the advertising prohibition and damaged professional dignity.
Rules Violated
- Attorneys' Act (No. 1136) art. 34
- Attorneys' Act (No. 1136) art. 55
- Attorneys' Act (No. 1136) art. 134
- TBB Professional Rules art. 3
- TBB Professional Rules art. 4
- TBB Professional Rules art. 7
- TBB Professional Rules art. 8
Key Terms
- Reklam Yasağı
- The prohibition of lawyers from engaging in any attempt or action that could be considered advertising for the purpose of obtaining business.
- Kolektif İtibar
- The honor and trustworthiness of the legal profession in the eyes of society, and the obligation of every lawyer to protect this reputation.
- İş Sağlama Yasağı
- A lawyer's attempt to identify those in need of legal assistance and reach out to them through direct or indirect means to acquire them as clients.
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Outcome
It was decided to set aside the decision of the Bar Association and to impose a disciplinary penalty of reprimand on the respondent lawyer.