“Lawyers have no masters, but they are no one’s slaves either.” This striking quote by the famous jurist Molierac reveals, even today, the bond of trust between law and economy in all its clarity. Emphasizing that the sustainability of trade is impossible where there is no justice, Attorney Hüseyin Avni Durmuşoğlu points out, with his many years of judicial and legal experience, that healthy legal relations 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 ranging 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 tasks not only in courtrooms but also in the protection of professional ethics, the strengthening of trust in the judiciary, and the defense of the independence of the legal profession during his journey in law spanning more than half a century. This multifaceted career, extending from serving as a military judge to working as a private attorney, and from the Presidency of the Istanbul Bar Association Disciplinary Board to expertise in disciplinary law, makes him one of the people who most closely observes the law-business world relationship in Turkey. In this interview, we discussed with Mr. Durmuşoğlu how the relationship between business people and lawyers can be established on a healthy foundation, where ethical boundaries are pushed, the link between institutionalization and legal culture, and the common mistakes made in the business world’s perspective on law. We believe that this interview, which once again reminds us that law is not a mechanism remembered only in times of crisis but the cornerstone of sustainable trade, will offer an important roadmap for both the business world and young lawyers.
First of all, could you tell us about yourself? 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. Later, while fulfilling 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 about 15 months. This period was an important school for me where I observed not only the profession but also human nature and the concept of justice from many angles. I took on the responsibility of judging across a wide social spectrum, from a soldier at the private rank to a commander at the colonel rank. 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.
Although you passed the judgeship exam, why did you prefer to be an attorney?
Although I passed the Ministry of Justice judgeship exam after my military service, I preferred to be on the side of the defense rather than the bench. Because I believed that defending the rights of individuals and institutions directly constitutes the backbone of the legal system. My office life, which started in Nuruosmaniye, Istanbul, has continued uninterruptedly in Bakırköy for about 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 closely observed the effect of law on the economy.
Could you tell us a little about your time on the Istanbul Bar Association Disciplinary Board?
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 studies to protect the prestige of the legal profession, strengthen ethical awareness, and increase social trust in the judiciary. Today, I continue my professional activities by providing consultancy and defense in the field of disciplinary law.
As a lawyer who has served as the president of the disciplinary board for many years, what do you think are the essentials of a healthy lawyer–business person relationship?
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, anticipates risks in advance, and ensures legal security. A healthy lawyer–business person relationship is, first and foremost, based on trust. However, this trust should not be a blind devotion; it must be built on mutual respect and the acceptance of the principle of the rule of law. A business person should not see their lawyer only as a "person who will make us win"; 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 the client truths they might not want to hear and should not sell hope with impossible promises. Law is not an area shaped by expectations; it has rules and boundaries. The relationship begins to deteriorate at the point where the client imposes unlawful demands, the lawyer compromises on ethical principles, or result-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 position should a lawyer have in the business world?
A lawyer is not a "fire extinguisher" that intervenes only when a crisis occurs. Their main duty is to take the necessary precautions before a fire breaks out. Legal advice should be obtained from the very beginning of the process in matters such as the preparation of contracts, corporate structures, partnership relations, and commercial risk analyses. Many commercial lawsuits are actually the result of correct contracts and legal planning that were not done on 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 most from lawyers, 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. Practicing law is not a profession of creating miracles. The process moves in the direction that facts, evidence, and the applicable legal rules require. A lawyer makes the best defense and presents the rights in the strongest way possible; however, they cannot exceed the boundaries of justice. Another false perception 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 command of the law, not the instructions of their client, as a basis. 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 the lawyer–client relationship?
The basis of trust is the open sharing of the truth. A lawyer should clearly explain to the client not only the good possibilities but also the risks and possible negative scenarios. Transparency is informing the client at every stage of the file, sharing the legal strategy clearly, and conducting the process without hiding anything. While it may seem like softening the facts or acting as a hope-merchant to avoid losing the client keeps 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 had to give one piece of advice to young lawyers and the business world, what would it be?
I would like to tell young lawyers: keep your professional independence above all else. No client and no economic interest should be put before the law. If you risk your professional honor for short-term gains, you will suffer the greatest loss in the long run. As for the business world, I would advise them to see the lawyer not as an expense item, but as a guarantee and an investment. Investing in law protects you from much greater losses in the future.
Finally, is there anything you would like to add?
The words of the famous jurist Molierac remain valid today: “Lawyers have no masters, but they are no one’s slaves either.” The rule of law is not just a principle defended in courtrooms; it is also the fundamental basis for 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 a business person and a lawyer is established also directly affects the legal culture of society. 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, the areas we encountered most frequently and approached most sensitively were the manipulation of evidence, the distortion of facts, and the resort to unlawful methods to accelerate the judicial process. Some clients, seeing the lawsuit merely as a matter of results, could put serious pressure on lawyers with the approach of “let’s solve this somehow.” However, the duty of a lawyer is not to obtain the result the client wants, but to carry out the legal process within the framework of justice and ethical principles. A lawyer going outside the law creates 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 determined stance against any behavior that undermines the independence of lawyers.
This content has been translated using artificial intelligence technology.