A legal dispute often reaches far beyond the request in the file. In a criminal investigation, liberty and reputation are at stake; in a family dispute, a child’s daily life; in a commercial disagreement, years of work and the continuity of a business. Legal practice means understanding these effects, defining the legal problem correctly and weighing the available routes with responsibility.
Founded on 18 March 1999 in Antalya by Attorney Umut Güneş as Güneş & Güneş Law Firm, we bring more than 27 years of professional experience to our work, guided by knowledge, diligence and independence. Listening to the client’s concern, examining documents carefully, weighing points that favour the client as well as those that work against them, and explaining the reasoning behind a recommended course are complementary parts of the approach to legal practice we have adopted.
This article sets out the firm’s view of the profession and the principles it considers important in the lawyer–client relationship. We consider the idea of the struggle for law together with the question of what responsibility must be taken in everyday work.
Understanding the Client, Defending the Right: Güneş & Güneş’s Professional Approach
Listening is the starting point for correctly understanding a legal problem
Legal assessment begins with listening to the client without interrupting them. An opinion formed without learning how events unfolded, which documents exist and what the person wants to protect may be incomplete. In the same dispute, one person’s priority may be recovering an economic loss, while another’s may be securing their safety or keeping a working relationship intact.
We understand empathy as attention to the pressure and uncertainty the client is experiencing. This attention also requires that the claims be examined legally. Asking about gaps in the account, clarifying dates and weighing different explanations are part of the respect owed to the client. It matters that a client who feels understood can openly share information that may affect the legal assessment.
Weighing expectation, need and legal options together
We learn the result the client wishes to achieve and assess this expectation together with the available evidence, the applicable law and the routes of action. It is necessary to explain under what conditions the outcome sought may be possible, which matters remain uncertain and which documents are needed.
A person’s anger or anxiety can help us grasp the importance of the matter. Our professional assessment, however, rests on verifiable events and legal reasons. Clearly explaining a choice that could harm the client, and where necessary proposing a different course, is also part of the lawyer’s responsibility.
Jhering’s Idea of the Struggle for Law
Rudolf von Jhering’s Der Kampf um’s Recht emphasises the importance of the effort made to put a right into practice. Known in Turkish also by the titles “Hukuk Uğruna Savaş” and “Hukuk Uğruna Mücadele”, this approach is one of the sources we draw on when we think about our approach to legal practice.
“Das Ziel des Rechts ist der Friede, das Mittel dazu der Kampf.”
“The purpose of law is peace; the means of reaching it is struggle.”
Rudolf von Jhering, Der Kampf um’s Recht, digital text of the 1884 edition, chapter 3. The Turkish rendering is a translation from the German original prepared for this article. [1]
In Jhering’s account, which considers the scales and the sword together, the relationship between the measure of justice and the protection of rights comes to the fore. The conclusion we draw from this idea for the way our firm works is this: pursuing a right requires a reasoned assessment and the professional effort to assert it effectively.
The direction of the struggle is determined by the client’s lawful interest
When we carry this historical thinking over into present-day legal practice, we take as our basis that each dispute must be assessed on its own terms. Bringing a case, defending oneself, appealing a decision or evaluating a settlement may each be the appropriate instrument for asserting a right, depending on the circumstances. Which route to take must be determined on the basis of the client’s knowledge and legal assessment.
Determination also requires the ability to assess how the circumstances of a file change. When a new piece of evidence, a legal development or a realistic settlement proposal emerges, re-examining the chosen route is a continuation of professional responsibility.
Independent Legal Practice and Professional Courage
Article 1 of Law No. 1136 on Attorneyship (Avukatlık Kanunu) regulates the practice of law as a public service and a liberal profession, and places the representation of independent defence at the foundation of the profession. Article 2 of the same Law provides that legal knowledge and experience are to be placed at the service of justice and at the disposal of individuals. [2]
For us, independence means forming a view on a file free from pressure and personal expectations. Being honest with the client, explaining a demand that cannot be legally defended, and raising a procedural objection with reasons where this is considered necessary are the practical face of this approach.
Courage means raising a reasoned objection where it is needed
Professional courage means pointing out an incomplete examination, challenging an unlawful act and, where the circumstances of a file require it, opposing an established assessment with concrete reasons. The effect of a defence cannot be measured by the harshness of its language alone. What matters is to state clearly the basis of an objection and the legal result sought.
Respect for the court, the opposing party and colleagues goes hand in hand with a determined defence. We do not carry personal conflicts between the parties into our professional relationships. Articles 5 and 6 of the Professional Rules of the Union of Turkish Bar Associations (TBB Meslek Kuralları) also stress that statements should be mature and objective, and that the lawyer should remain outside the hostilities a dispute generates. [3]
Preventive Legal Counsel: Assessing Legal Risks Before a Dispute Arises
The protection of rights can begin before a contract is signed, a payment is made or a binding decision is taken. Our approach to preventive legal counsel rests on identifying legal risks early, explaining options and structuring transactions within a predictable framework. In this way the client can weigh the obligation they are about to take on, and the interest to be protected, at the decision stage.
In a contract it is important that the scope of the work, how delivery will be documented, the payment terms, any security and the route to be followed in case of a dispute are clear. Reviewing decision-making and authority processes in companies, record-keeping in business relationships and, in property transactions, the legal position before the transaction are different examples of the same approach.
This work does not assume that every dispute can be prevented. Its aim is to reduce risks that can be prevented, to make the parties’ obligations understandable and, should a dispute arise, to establish from the outset an order of documents that can be used in pursuing a right. Explaining in time the legal effect of a transaction that looks like an everyday choice is also part of the lawyer’s advisory role.
Careful File Preparation as the Basis of Effective Legal Representation
We regard the duties of diligence, honesty and dignity set out in Article 34 of the Attorneyship Law as a concrete measure of how we work. [2] Preparing a file means relating every document to the legal question and explaining why an important point matters.
Examining events, dates and documents together
We first establish how the dispute developed. Notifications, contracts, correspondence, payment records, minutes and earlier applications are assessed in the same chronological order. In this way it becomes visible which claim rests on which document, which date may affect the calculation of time limits, and which information has not yet been verified.
The presence of a document in the file does not mean that its contents are beyond dispute. The conditions under which the document was produced, its consistency with other records and the fact it may prove must be examined separately. On matters requiring technical knowledge, we focus on the basis of the court-appointed expert’s report, the method used and its relation to the file data.
Protecting favourable evidence and explaining unfavourable points
A sound legal assessment examines not only the points in the client’s favour but also those that may be raised against them. Seeing the opposing party’s defence, contradictory statements or records that make proof harder at an early stage determines the direction of preparation.
For this reason we consider it necessary to discuss the difficulties in the file with the client. Which claim needs additional evidence, which objection has a weak legal basis, and which issue may affect the outcome, must be explained. Trust in the file can be built on this openness.
Building every claim and request on its own reasoning
Petitions and defences must make the link between events and legal consequences visible. The act or finding an objection is directed at, the evidence it relies on and what is asked of the court must be clear. The relevant statutory provision and case law should be used with an explanation of how they connect to the concrete matter.
While reducing repetition in the text, we care about preserving the facts and the meaning of the evidence. Headings should help the reader follow the dispute and the legal reasoning. Careful preparation also includes deciding which point is to be explained first at the hearing.
Openness and Information in the Lawyer–Client Relationship
Helping the client understand the process
Even when a legal step has been taken, uncertainty persists if the client does not know its purpose or its effect on the file. We regard informing the client as explaining, in an understandable way, what is being done. Filing a lawsuit, service of a decision, the outcome of a hearing or the submission of an expert report are developments whose significance for the file must be assessed separately.
A good explanation sets out what has happened, what it means in law, the next step and what is expected of the client. The difference between an interlocutory decision and a final decision, or the matters to which an appeal will relate, must be explained in language that a person unfamiliar with legal terms can understand.
We regard the client’s right to be informed as a regular and traceable responsibility of communication. Preparation before a hearing, developments during the hearing, the decision reached and statements about the next step are the concrete expression of this responsibility. Summarising an important development in writing also allows the client to return to the information later. After a face-to-face or online meeting, we consider it important to identify clearly the questions awaiting answers and the documents requested.
Explaining options, costs and the consequences of a decision
We value the client taking part, with full information, in decisions that affect their life, assets or business. When a settlement proposal is being evaluated, what right would be given up, which performance is to be rendered and when, and what happens if the obligations are breached, must be discussed openly.
The scope of the work to be undertaken, the attorney’s fee and litigation costs must be handled with the same clarity. Determining in advance whether a step falls within the existing scope of services reduces uncertainty in the lawyer–client relationship.
A legal opinion is a professional assessment made on the basis of the data in the file. Article 34 of the TBB Professional Rules provides that an opinion on the outcome of a case may be expressed, and that it must be stated that this is not a guarantee. [3] We base trust on an explainable assessment and careful follow-up, rather than on unreasoned expressions of certainty.
Confidentiality and Care in Conflicts of Interest
Confidentiality of shared information and documents
Information about the client’s private life, family relations, commercial activities or defence must be carefully protected. Article 36 of the Attorneyship Law regulates the duty of professional secrecy. Article 37 of the TBB Professional Rules treats information learned through the applications of persons whose matters are not taken on as falling within professional secrecy. [2] [3]
We handle information and documents shared with our firm for the purposes of legal assessment and of the legal acts required by the matter undertaken, and we regard confidentiality and the protection of personal data as part of our professional responsibility. When information must be used within a lawsuit or application, the purpose and scope of the step must be considered. Personal details and private correspondence in a file cannot be turned into promotional content.
Assessing whether representation is appropriate before taking on a new matter
When evaluating a request for legal assistance, the identity of the parties, the subject of the dispute and prior professional relationships matter. Article 38 of the Attorneyship Law and Articles 35 and 36 of the TBB Professional Rules set limits on the representation of conflicting interests. [2] [3]
We see the conflict-of-interest review as an initial stage that protects the client’s trust and the lawyer’s independence. For the necessary assessment to be made, it is important that information about the parties and the subject matter is shared openly at the time of the request.
Our Approach to the Right of Defence in Criminal Proceedings
The presumption of innocence and human dignity
Criminal investigation and prosecution can directly affect a person’s liberty and life. Article 36 of the Constitution of the Republic of Türkiye (Türkiye Cumhuriyeti Anayasası) guarantees the right to seek justice and a fair trial, and Article 38 guarantees the presumption of innocence. [4] The gravity of an accusation or public reaction does not reduce the need for a defence.
As defence counsel for suspects and accused persons, we focus on understanding the content of the allegation, examining how evidence was obtained, presenting points in the client’s favour and ensuring that the defence is put forward effectively. When acting for victims, complainants and intervening parties, it is important to give concrete form to the person’s rights of application and participation and to their claims. Every assignment must be carried out within the legal position of the person represented and the particular features of the file.
Building the defence on the allegation and the evidence
A response to an accusation is built on understanding which act and which evidence the allegation rests on. Records, statements, digital recordings and reports requiring expertise are examined on their own terms. Identifying contradictions, specifying allegations of unlawfulness and discussing whether the evidence can be relied on in the judgment are important parts of defence preparation.
The United Nations Basic Principles on the Role of Lawyers (Avukatların Rolüne Dair Temel İlkeler) provides that lawyers should perform their professional duties freely and diligently, and should not be identified with their clients or their clients’ causes as a result of discharging their functions. [5] This principle is one of the international foundations for the importance we attach to the independence of the defence.
Seeking the Solution in the Client’s Interest
Evaluating litigation, negotiation and settlement options
When determining the direction of legal assistance, how the existing right will be protected and how the proposed route will affect the client’s life should be assessed together. Where it is legally possible, negotiation or settlement may be an option suited to the circumstances of the file. Where necessary, bringing a claim and resorting to legal remedies are also handled with the same seriousness.
In assessing a settlement proposal, attention to the amount alone may not be enough. Payment timing, security, other obligations to be performed, and expressions that may give rise to a new dispute in future, must also be examined. Making the legal and practical consequences of the chosen route visible is the lawyer’s advisory responsibility.
Keeping the human impact of a dispute in view
In family law, the child’s life and relationship with the parents; in employment disputes, the person’s livelihood; and in commercial relations, the continuity of operations are important dimensions to be considered. In every file we try to understand the relationship between the legal claims and the needs of daily life.
Where there are concerns about the safety or free will of the parties, solution options should be evaluated without disregarding these conditions. Empathy should not be limited to an attitude shown during a meeting; it should continue while we consider the effect of the proposed legal route on the person.
Legal Clarity in Multilingual Communication
We provide services in Turkish, English, German and Russian, and these cover the full range of the firm’s areas of work. Being able to genuinely understand a legal explanation is a basic need of the client. For a person encountering a foreign legal system for the first time, a court letter, a power of attorney or a decision may not be self-explanatory.
We value explaining legal terms, the step to be taken and the document expected from the client in an understandable way. Communication in a foreign language does not replace the necessary official translation or other formal document procedures. Matters concerning the law of another country are also addressed by taking into account that country’s rules and the assessment of the lawyers authorised there.
In a file with international connections, distinguishing between procedures in different countries, explaining which step must be taken before which authority, and taking time differences into account in communication help the client follow the process.
Institutional Culture, Continuous Development and Professional Responsibility
Developing professional knowledge and experience together
Institutional experience acquires meaning when the knowledge gained from files is shared within the team and re-evaluated in light of new legal developments. We regard contributing to the professional development of lawyers and trainee lawyers, and making research, legal writing skills and the reasoned discussion of differing views part of our working culture.
A dispute may require assessment under contract, company, tax or criminal law at the same time. Bringing together the knowledge and experience the matter requires, and completing the legal review with the technical assessments it needs, is important. The lawyer responsible for the file, the division of tasks and the communication arrangements with the client are explained at the outset. In case of leave, illness or a change of duties, follow-up of the file and continuity of information transfer are planned. Producing and sharing legal knowledge also contributes to the profession and to society’s ability to understand the law.
“Quality is not an accident, it is a choice…”
The firm’s institutional principle of quality finds its expression in the effort devoted to preparation, case management, communication and learning. Evaluating questions and feedback from clients helps to develop explanations and working arrangements. Maintaining quality also requires regularly reviewing the method of our work.
Coordination across Türkiye and in international matters
Our Antalya-based firm places importance, in its work of pursuing cases and providing legal advice in all 81 provinces of Türkiye, on the organisation that the location of the file and the step to be taken require. Where cooperation with local colleagues is needed, the scope of the assignment, the flow of documents and the clarity of information given to the client should be the guiding principles.
The legal needs of foreign persons and companies in Türkiye, and work carried out abroad, are assessed separately. For work abroad, communication with an independent lawyer or law firm authorised in the relevant country, and coordination of the process, are carried out; local legal representation is performed by a lawyer authorised in that country. This distinction enables the client to understand for which work they receive services from whom, and the scope of responsibilities.
Explaining the scope of professional liability insurance accurately
We address professional liability insurance as part of our institutional approach to managing professional risks. Insurance cover is assessed within the scope, term, limits and exceptions of the relevant policy. The attorneyship professional liability insurance clause likewise links cover to the contract terms and the policy limits. [6]
Insurance therefore does not mean that a legal outcome is guaranteed or that all losses will be made good without limit. Professional diligence, the duty to act in time and the duty to inform the client continue independently of the insurance relationship.
Verification in the Use of Technology and the Lawyer’s Responsibility
Digital tools can contribute to document preparation, research and communication. When artificial intelligence tools are used, however, the reliability of the text produced, of a case citation or of a legal explanation must be separately examined. Whether a cited source exists and how it relates to the concrete matter must be verified within the legal work itself.
The principle we adopt is that the convenience technology provides must be carried out together with the lawyer’s responsibility for assessment and supervision. When considering which tools file information may be transferred to, professional secrecy, personal data and legal requirements must be taken into account. Understanding the client’s need and building the reasoning for the path to follow requires professional judgement.
In developing our office infrastructure, our priorities are regular access to documents, tracking of time limits, protection of file information and continuity of communication. Beyond a tool’s contribution to the file, the risks it may pose for access permissions and information security must also be assessed.
How These Principles Are Reflected in Our Work
The meaning of these principles becomes concrete in the steps taken from the beginning of a file. The working order we consider important in the legal assistance process can be explained in the following stages:
- Understanding the request and its urgency. The subject of the dispute, the parties, any notifications served and the steps coming up are identified. Documents containing time limits take priority.
- Assessment of whether to take on the matter. Conflicts of interest, professional competence and capacity to work are assessed; the scope of the matter to be undertaken and the authorisation and fee arrangements are clarified.
- Document review and determination of the legal route. Events, evidence and missing information are assessed. Available routes, uncertainties and decisions requiring the client’s participation are explained.
- Carrying out the steps and evaluating developments. The applications, defence and follow-up work the file requires are carried out. The effect of new evidence or of a decision on the chosen route is examined.
- Explaining the outcome and the next steps. The effect of the decision or settlement is assessed together with, where applicable, legal remedies, enforcement, collection or performance steps.
The client’s complete sharing of the information they hold, notification of new developments and clear statement of their questions all contribute to this work. Bringing existing decisions, notifications, relevant contracts and the key correspondence to the first meeting helps to understand the legal problem more accurately.
Conclusion: Pursuing the Struggle for Rights with Professional Responsibility
The struggle for law begins with taking seriously the problem the client is living through. Listening, researching the detail, assessing proof and objecting where necessary are different stages of the same responsibility. The client’s determination to protect their rights must be supported by open communication and legal diligence.
In the lawyering approach of Güneş & Güneş Law Firm, human dignity, independence and trust complement one another. We regard it as the duty of our profession to set aside time to understand the client’s request, to assess strengths and weaknesses openly, and to explain the reasoning behind each step taken.
The legal gain for the client takes shape in the protection of an existing right, the timely recognition of a preventable risk, the construction of a workable solution and the carrying out of the decision reached. We value conducting this work, from preventive advice to judicial representation, with an approach of institutional experience and continuous learning.
Defending a right requires understanding the person who holds it. We take as our basis using our legal knowledge, experience and effort with this responsibility, and pursuing the search for justice with the attention and determination the file requires.
Frequently Asked Questions
What principles underpin Güneş & Güneş’s approach to legal practice?
Understanding the client’s need, carrying out the legal assessment with care, protecting independence and confidentiality, providing understandable information about the process and defending rights by lawful means are our basic principles. We apply these principles within the work that follows the characteristics of each file.
How does a lawyer’s understanding of the client contribute to legal work?
Understanding the facts and expectations correctly makes it easier to determine which information is important and which need the legal assistance is directed at. Listening and empathy should be carried out together with the examination of documents. Explaining the gap between the client’s expectation and what is legally possible is also part of this relationship.
Does pursuing the struggle for law always mean bringing a lawsuit?
No. A lawsuit, a defence, an objection, negotiation or a legally possible settlement may each be appropriate in different situations. The route to follow is determined by assessing the facts, the evidence, the legal options and the client’s interest together. The conditions and consequences of a proposed solution must be explained to the client.
Can a lawyer guarantee the outcome of a case?
A lawyer can explain their legal opinion on a file and their assessment of the likelihoods. However, that opinion is not a guarantee of the result. Article 34 of the TBB Professional Rules also regulates this distinction. Explaining the strengths and weaknesses of a file is a requirement of a healthy professional relationship. [3]
Is information shared at the first meeting confidential even if the matter is not taken on?
Article 37 of the TBB Professional Rules treats information learned from the application of a person whose case the lawyer does not take on as confidential. Information learned during a professional application is therefore assessed for the duty of professional secrecy whether or not the matter is undertaken. [3]
Which documents should be prepared for the first meeting?
Documents relating to the matter, such as contracts, notifications, court or administrative decisions, payment records and key correspondence, can be prepared. A short chronological account of events is also useful. If there is a notified document or one with a time limit, this should be stated at the outset. The documents needed depend on the type of dispute.
Which matters are important to explain in legal information?
The stage the file has reached, the purpose of the step taken, the effect of decisions, the next step and the information or documents expected from the client should be explained. The scope of the work undertaken and the fees and expenses should also be clearly understood. The information should help the client follow their own file.
In which languages can one communicate?
Services are provided in Turkish, English, German and Russian across all of the firm’s areas of work. Stating the preferred language in the application helps to organise communication. Procedures requiring official translation and assessments of the law of a foreign country are dealt with separately.
At what stage does preventive legal counsel provide value?
It makes it possible to assess legal risks before a contract is signed, a payment is made or a binding decision is taken. The aim is to clarify obligations, reduce preventable risks and strengthen the order of documents. The scope of the review is determined by the concrete needs of the individual or company.
Does professional liability insurance cover all losses unconditionally?
No. The application of cover depends on the scope, term, limits and exceptions of the policy and on the characteristics of the particular event. Insurance does not guarantee that a case will be won, and it does not remove the lawyer’s professional obligations. [6]
Sources and Legal Bases
- Jhering, Rudolf von. Der Kampf um’s Recht. Manz’sche k. k. Hof-Verlags- und Universitäts-Buchhandlung, 1884. Project Gutenberg digital text, chapter 3. Read the relevant chapter of the work.
- Law No. 1136 on Attorneyship (1136 sayılı Avukatlık Kanunu), in particular Articles 1, 2, 34, 36 and 38. Legislation published by the Union of Turkish Bar Associations. Text of the Law.
- Union of Turkish Bar Associations (Türkiye Barolar Birliği). Professional Rules (Meslek Kuralları). In particular Articles 5, 6 and 34–38. Text published on the TBB’s official legislation page. Professional rules.
- Constitution of the Republic of Türkiye (Türkiye Cumhuriyeti Anayasası), Articles 36 and 38. Legislation published by the Constitutional Court. Text of the Constitution.
- United Nations. Basic Principles on the Role of Lawyers (Avukatların Rolüne Dair Temel İlkeler), Havana, 27 August–7 September 1990. In particular principles 13, 14, 16, 18 and 22. Text published by the University of Minnesota Human Rights Library. Full text of the principles.
- Insurance Association of Türkiye (Türkiye Sigorta, Reasürans ve Emeklilik Şirketleri Birliği). General Conditions of Professional Liability Insurance and Attorneyship Professional Liability Insurance Clause (Mesleki Sorumluluk Sigortası Genel Şartları ve Avukatlık Mesleki Sorumluluk Sigortası Klozu). In particular sections I–III of the clause. General conditions and attorneyship clause.
Institutional information sources: the About Us, Why Güneş & Güneş Law Firm? and Our Quality Policy pages of Güneş & Güneş Law Firm.
Source verification date: 10 October 2026. The Turkish rendering of the Jhering quotation was prepared for this article. The assessments of the firm’s working approach are institutional statements drawn up on the basis of the cited sources.