Working with foreign clients, Turkish lawyers sometimes face the
challenging question of whether attorney-client privilege exists in
Turkish law. Most, if not all, would answer the question from a
different angle, explaining that there is a duty of confidentiality
and all communications between clients and their lawyers, as well
as legal advice and attorney work products are shielded from
disclosure. But rather than a Common Law sense of privilege, what
really exists in Turkish law is a duty of confidentiality, covering
only attorney's disclosure.
Legal framework governing lawyers' confidentiality
Turkish law provides a blanket confidentiality obligation for
attorneys to the extent they become privy to client information in
civil, administrative or criminal matters or proceedings. The
Attorneys Act (Art. 36) is the main piece of legislation providing
for a duty of professional secrecy and confidentiality. The
relevant part of the provision is as follows:
