Turkish law does not expressly recognize the concept of legal privilege. However, the Law on Attorneys (Law No. 1136) ("Law"), provides that lawyers are obliged to keep information entrusted to them by a client confidential in cases where the information shared by the client relates to the provision of legal services.
Although the Law does not expressly refer to legal privilege in the technical sense, it is universally accepted both in doctrine and in practice, and by the judiciary, that this provision creates a form of privilege. As a result, a lawyer is not only entitled to refuse disclosure of confidential information, but is also obligated to do so. This applies equally to demands for disclosure by administrative or judicial bodies. Whether the duty of confidentiality embodied in the Law can be invoked upon by the client to prevent disclosure of legal advice provided by its lawyer is, however, unclear. We have not seen any reported court decisions on this.
The duty of confidentiality is highly regarded and respected, to the extent that lawyers cannot be searched in person by police or other security forces. This is due to the concern that, if permitted, such searches could result in a lawyer revealing a client's confidential information. The only exception to this rule is that, in circumstances where a lawyer is caught committing a "serious" crime, the lawyer and their offices may be searched.
The penalty for a lawyer's breach of their confidentiality obligation is severe, including both civil and criminal liability. This duty extends to the lawyer's trainees and assistants.
The duty of confidentiality also prevents lawyers from giving evidence as witnesses in circumstances where such evidence would relate to matters falling within the scope of the duty of confidentiality. A lawyer is entitled to refuse to act as witness even where the client authorizes disclosure. A lawyer cannot be held liable for their refusal to act as witness.