“Lawyers have no masters, but they are not the slaves of anyone either.” This striking statement by the famous jurist Molierac reveals the bond of trust between law and economics with all its clarity even today. Emphasizing that the sustainability of trade is not possible where there is no justice, Attorney Hüseyin Avni Durmuşoğlu points out, with his many years of experience in the judiciary and legal practice, that healthy legal relationships in the business world form the foundation of a strong economy.
The legal problems faced by the business world in Turkey are not limited to case files; they cover a wide area extending from the culture of institutionalization to ethical understanding, and from risk management to sustainable trade. Today, many commercial crises actually emerge as a result of legal precautions that were not taken in time. At this very point, the role of the lawyer goes far beyond being a problem-solver and becomes a strategic companion for the business world.
Attorney Hüseyin Avni Durmuşoğlu, one of the experienced figures of the Istanbul Bar Association No. 1, has undertaken important duties in his legal journey spanning over half a century, not only in courtrooms but also in areas such as protecting professional ethics, strengthening trust in the judiciary, and defending the independence of the legal profession. This multifaceted career, which extends from military judgeship to private practice, and from Presidency of the Istanbul Bar Association Disciplinary Board to expertise in disciplinary law, makes him one of the people who has observed the law-business world relationship in Turkey most closely.
In this interview, we spoke with Mr. Durmuşoğlu with full clarity about how the relationship between business people and lawyers can be placed on a healthy foundation, where ethical boundaries are pushed, the link between institutionalization and legal culture, and common mistakes in the business world’s perspective on the law. We believe that this interview, which reminds us once again that law is not just a mechanism remembered in times of crisis but a cornerstone of sustainable trade, will offer an important roadmap for both the business world and young lawyers.
First of all, could we get to know you? How did your legal journey begin?
After graduating from Istanbul University Faculty of Law in 1970, I took my first step into the legal profession with the internship process. Then, while performing my military service as a reserve officer, I was assigned to the military judge class and served as a member judge in a military court for approximately 15 months. This period was an important school for me where I observed not only professional aspects but also human nature and the concept of justice in a multifaceted way. I undertook the responsibility of judging a very broad social spectrum, from a private-ranked soldier to a colonel-ranked commander. This process taught me deeply that law is not just about texts; it is an institution that must be carried out with conscience, balance, and social responsibility.
Why did you choose to be a lawyer even though you passed the judgeship exam?
Although I passed the Ministry of Justice judgeship exam after my military service, I preferred to take my place on the defense side rather than the bench. Because I believed that defending the rights of individuals and institutions directly forms the backbone of the legal system. My office life, which started in Nuruosmaniye in Istanbul, has continued uninterruptedly in Bakırköy for approximately 33 years. During this period, I conducted an intensive litigation practice in many fields, especially commercial law; by working closely with the business world, I observed the effect of law on the economy closely.
Could you tell us a little bit about your Istanbul Bar Association Disciplinary Board process?
In the later years of my professional life, I served on the Istanbul Bar Association Disciplinary Board and served as the President of the Disciplinary Board for eight years. During this tenure, we did not only apply professional rules; we also carried out comprehensive works to protect the reputation of the legal profession, strengthen ethical awareness, and increase social trust in the judiciary system. I continue my professional activities today by providing consultancy and advocacy in the field of disciplinary law.
As a lawyer who served as the president of the disciplinary board for many years, what are the prerequisites for a healthy lawyer–business person relationship in your opinion?
The legal profession is not a service area that is only knocked on when a problem arises for a business person. On the contrary, it is a guidance mechanism that shows the way at every stage of commercial life, predicts risks in advance, and provides legal security. A healthy lawyer–business person relationship is based first and foremost on trust. However, this trust should not be a blind loyalty; it must be built upon mutual respect and the acceptance of the principle of the rule of law. A business person should not see their lawyer only as “the person who will bring profit”; they should position them as a strategic consultant who minimizes legal risks and helps build a sustainable commercial structure. A lawyer should also not hesitate to tell their client the truths they do not want to hear, and should not sell hope with empty promises. Law is not a field shaped by expectations; it has rules and boundaries. The relationship begins to deteriorate at the point where the client imposes illegal demands, the lawyer compromises ethical principles, or results-oriented pressures increase. Every step taken outside the law may seem like a gain in the short term, but it causes damages that are difficult to compensate for in the long term.
What kind of position should a lawyer have in the business world?
A lawyer is not just a “firefighter” who steps in when a crisis arises. Their primary duty is to take the necessary precautions before a fire breaks out. Legal advice should be sought from the very beginning of the process regarding the preparation of contracts, company structures, partnership relationships, and commercial risk analyses. Many commercial lawsuits are actually the result of correct contracts and legal planning that were not made in time. In corporate companies, lawyers are a natural part of management processes. This approach protects businesses from both financial and reputational losses.
What do business people expect from lawyers the most, and what do they misunderstand?
There is a common expectation in the business world: it is thought that a lawyer can turn the result in their favor under any circumstances. However, this is completely contrary to the nature of law. Being a lawyer is not a profession of creating miracles. Whatever the facts, evidence, and applicable legal rules require, the process proceeds in that direction. The lawyer makes the best defense, presents rights in the strongest way; however, they cannot exceed the limits of justice. Another misconception is that the lawyer is seen as the client’s errand boy. Yet, a lawyer is an independent legal professional who is not subordinate to anyone. They take the order of the law as the basis, not the instructions of their client. In the long run, business people who act in accordance with the law always build a stronger and more sustainable commercial structure.
How should trust and transparency be ensured in a lawyer–client relationship?
The foundation of trust is the clear sharing of the truth. A lawyer must clearly explain to their client not only the good possibilities but also the risks and possible negative scenarios. Transparency means providing information at every stage of the file, sharing the legal strategy clearly, and conducting the process without hiding anything. Although some lawyers softening the truth or selling hope to avoid losing the client may seem to keep the relationship alive in the short term, it leads to a great loss of trust in the long term. A healthy legal relationship is built only on realism and honesty.
If you were to give one piece of advice to young lawyers and the business world, what would it be?
I would like to tell young lawyers this: Keep your professional independence above everything. No client, no economic interest should be placed ahead of the law. If you risk your professional honor for the sake of short-term gains, you will be the one who suffers the biggest loss in the long term. As for the business world, I advise them to see the lawyer not as an expense item, but as an assurance and investment. An investment in the law protects you from much greater losses in the future.
Lastly, what would you like to add?
The words of the famous jurist Molierac remain valid today: “Lawyers have no masters, but they are not the slaves of anyone either.” The rule of law is not just a principle defended in courtrooms; it is also the fundamental pillar of the sustainability of business life. Where there is no justice, there is no trust, and where there is no trust, trade cannot develop. How healthily the relationship between the business person and the lawyer is established also directly affects the society’s legal culture. A strong economy is possible with strong law.
What were the areas where ethical boundaries were pushed the most in major commercial disputes?
During my tenure as President of the Disciplinary Board, among the areas we encountered most frequently and approached with the most sensitivity were the manipulation of evidence, the distortion of facts, and resorting to illegal methods to accelerate the judicial process. Some clients, seeing the lawsuit only as a matter of results, could put serious pressure on lawyers with the approach of “let’s solve this somehow.” However, the duty of the lawyer is not to obtain the result that their client wants, but to conduct the legal process within the framework of justice and ethical principles. The lawyer stepping outside the law leads to much heavier legal and reputational consequences not only for themselves but also for their client. For this reason, as the Disciplinary Board, we have taken a very decisive stance against all kinds of behavior that undermines the independence of lawyers.
This content has been translated using artificial intelligence technology.