The Attorney's Duty to Inform the Client: File Monitoring, Communication and Accountability

Legislation and sources reviewed: 10 October 2026

The attorney's duty to inform the client covers timely disclosure of important developments in the matter undertaken, clear presentation of options and risks before a decision is taken, and an accounting of the acts performed and of the money received and spent. This duty is not limited to giving a short reply when the client calls. Its basis lies first in Article 34 of the Attorneyship Law, Articles 506 and 508 of the Turkish Code of Obligations No. 6098 (TBK), and the Professional Rules of the Union of Turkish Bar Associations (TBB). [1, 2, 3]

A good attorney must also be a good lawyer and a good listener. The client's file is one of the matters on the attorney's working schedule; for the client, it may be their home, their liberty, their child, their livelihood or their future. The absence of new steps in the file does not mean that the person's anxiety has stopped. A call that goes unanswered sometimes results from a heavy workload; but constant silence gradually erodes trust.

Empathy does not mean giving up the accuracy of the legal assessment. Understanding the client's anxiety does not require telling them the outcome they wish to hear. What is needed is to give correct information in language they can understand; to manage uncertainty without concealing it; and to make visible the work expected, the person responsible and the next step. The attorney's knowledge gains meaning to the extent that it strengthens the client's right to decide about their own life.

How are informing, disclosing and accounting distinguished?

These three concepts relate to different needs of the same relationship of trust. Informing explains what is happening in the matter and at which stage it stands. Disclosing enables the client to understand the legal consequences and the material risks before choosing an option. Accounting means setting out, in a verifiable way, the acts carried out and the financial movements. The three may be performed in the same meeting; performing one does not make the others unnecessary.

In scholarship, the relationship of these duties to one another and their classification within the contract are treated from different angles. Ayten Ordu examines informing in connection with care, disclosure and the values belonging to the client. Yasin Köse, in particular, assesses the scope, intelligibility and link to liability of disclosure before a decision. A useful practical question is this: has the client merely been told of a development, or has the client also been able to understand what that development means for them? [9, 10]

Under Article 508 TBK, the phrase "upon request" used in the context of accounting does not give the attorney freedom to withhold important developments until the client asks. The duty of care and loyalty, the special rules of the profession and the nature of the act are assessed together. For example, a settlement proposal whose decision period is narrowing, a risk of loss of rights, or a recovery made on the client's behalf, is not an ordinary entry that can be left to the period-end report. [1, 2, 3]

The scope of informing is not unlimited either. Sending every routine office step by a separate message may create unnecessary piles of documents. The criterion is the importance of the information for the client to exercise their rights, give instructions, perform their obligations and supervise the work. It is possible to filter out unnecessary detail; it is not possible to filter out information that affects the outcome.

Which matters should be clarified at the outset of the work?

The work undertaken and the power of representation

Sound communication begins before the first hearing. The work undertaken, the scope of the legal assistance, the documents available, claims not yet verified and the first steps to be taken should be made clear. Advice, litigation follow-up, a counterclaim, enforcement proceedings and another dispute should not be assumed to be a natural and unlimited continuation of one another. The fee agreement and the scope of the work should be read together; the special provision in Article 173 of the Attorneyship Law must also be observed. [1]

A power of attorney shows the power of representation that may be used in dealings with third parties; it does not, on its own, explain in every detail which work the parties have undertaken and on what terms. On the other hand, the absence of a written fee agreement does not mean that, where work is accepted and carried out, there is no duty of care and follow-up. Article 171 of the Attorneyship Law regulates responsibility for following the undertaken work through to its conclusion. [1]

The sending of initial documents does not in every case mean that the work has been accepted. Particularly where an application with an approaching time limit is concerned, if the attorney has not accepted the work, they should say so without delay; a vague meeting or correspondence should not allow the client to form the belief that "the attorney is following the time limit." The duty to notify a refusal of work without delay is separately regulated in Article 37 of the Attorneyship Law. [1]

Fees, expenses and the communication arrangement

Attorney's fees, litigation costs, advances on costs, costs that may be charged to the other side and receivables expected to be collected are different items. Blending them into a single expression such as "file expenses" may later lead to a dispute over accounts. The initial information should explain the scope of the fee, how additional work will be assessed, the need for an advance, and the conditions under which estimates of expenses may change. Uncertainties that may affect the outcome or the total cost should also be stated separately. [1, 3]

As regards communication, the responsible attorney may specify the secure channel to be used, the person to be reached in an emergency, and the arrangement for replying to routine requests for information. The client should also keep their address and contact details up to date, and should promptly forward any service documents and papers that reach them. Since Article 175 of the Attorneyship Law contains special provisions on notifying addresses and changes, reliance should not be placed solely on changing the profile information in a messaging application. [1]

This initial arrangement may not be used to ask the client in advance, and without limit, to give up their rights. General formulations such as "the office does not provide information" or "if no reply comes, every step is deemed approved" cannot be regarded as safe clauses that remove the statutory and professional duties.

At which stages of the file should information be given?

Informing cannot be reduced to two conversations, one when the action is filed and one when the decision is given. The developments in between may affect the presentation of evidence, financial preparation, the assessment of settlement and recourse to appeal. The attorney's monitoring of the file should identify not only what procedural step has occurred, but also the need that step creates for the client.

The table below is not a calendar prescribed by law for all files. It is a working arrangement that helps to make concrete the duty of care. Time limits, service rules and powers to act differ in civil, criminal, administrative and enforcement matters; the specific provisions applicable to each file must be checked separately. [1, 2, 4]

A decision being given, its service, its becoming final and its enforceability are not the same. Telling the client that "we have won" is an incomplete explanation if it does not state which claims were accepted, whether an appeal route is open, and whether recovery requires further proceedings. Likewise, the statement "we have lost" does not replace the reasons and the legal options that remain.

The fact that a document can be viewed in UYAP or another electronic system does not end the attorney's duty to explain it legally. Even if the client can access the document, they may not understand which time limit has started, which claim has been rejected, or what must be done. Access to the file and understanding its legal meaning are separate needs.

How is an intelligible explanation given?

A good explanation answers six questions: What has happened? What is its legal meaning? What options and important risks exist? What will the attorney do? What is expected of the client? By when must action be taken? Every message need not be long; but the essential elements needed to make a decision must not be missing.

"We will make a statement in accordance with the interlocutory decision" may seem sufficiently clear to a lawyer. In order for the client to understand, it should also be said on what subject a statement is requested and whether a document is expected from them. Especially where there is a peremptory time limit, a preclusive consequence or an act that is difficult to reverse, the practical consequence should be explained alongside the term. Sharing the relevant document supports this explanation; it does not replace it.

Adjusting the amount of information to the client's education, language, age and concrete needs is not reducing the content by belittling it. The same legal fact may be explained to different people through different examples. Where there are difficulties of sight or hearing, a language barrier, or conditions restricting liberty, a communication method that is genuinely usable should be chosen. If translation is needed, confidentiality and accuracy must both be observed.

A hypothetical explanation after a hearing

"No final decision was given at today's hearing. The court decided that an expert report should be obtained to examine the accounts in dispute. Once you send us the bank statements requested, we will submit them to the file. After the report arrives, we will separately explain our assessment and any objections we may have. We are also providing you with the hearing minutes."

This example is not taken from a real office file. In a concrete file, the interlocutory decision actually given, the relevant time limit and the date by which the document expected from the client must be delivered should be written separately. A date that has not been stated must not be added as though it existed; a step the court did not require must not be presented as a compulsory step.

How is bad news and uncertainty conveyed?

Telling the client only of favourable developments does not preserve the relationship of trust. When an adverse report, a rejected claim, increased costs or a weakening of the evidence becomes known, the information, the reasons and the options should be shared together. Under Article 34 of the TBB Professional Rules, the attorney may state a legal opinion, but must make clear that it is not a guarantee. The distinction between professional opinion and a guarantee of outcome must be preserved. [3]

"I need to complete my research on this point; I will send you a reasoned assessment on the following date" may be more reliable than producing a definite answer to every question at once. However, the date given for a reply must also be kept. Admitting that one does not know is not a professional failing; speaking with certainty without researching what needs to be researched may create liability.

Is there a time limit within which the attorney must reply?

There is no general statutory period applying to all attorney work that requires every message to be answered within 24 hours or every telephone call to be returned on the same day. However, this does not give a licence to remain silent indefinitely. The timing of communication is assessed by reference to the urgency of the act, the period within which the right can be exercised, the client's need to decide, the working arrangements of the parties and the duty of care. [1, 2]

An office may adopt, as a working target, acknowledging routine requests within one working day, delivering a substantive assessment within two or three working days, and giving a specific date of reply for lengthy research. These are proposed as office service periods; they are not statutory time limits. An application opportunity expiring on the same day should not be left to the routine reply schedule. Before the speed of reply, it matters that enough time genuinely remains for the client to exercise their right.

A monthly status summary can be useful for files that appear inactive. The statement "there is no new step at present; the response of this institution is awaited; the file will be checked again on this date" reduces uncertainty without presenting work not done as work done. Since each file has its own rhythm, this period should be set according to the nature of the work.

Being permanently reachable and the matter not being left without anyone in charge are not the same. During a hearing, illness, leave or heavy work, a back-up communication arrangement may be set up. It is possible to give the client a working schedule with clear limits; saying only "I am busy" without showing to whom and how urgent matters will be passed on is not an adequate organization.

How are the client's instructions and the attorney's independence protected together?

Special authority, informed choice and professional assessment

The attorney is not a mere instrument that carries out every request of the client without legal assessment. They may not comply with an instruction that is unlawful; and they must explain, with its consequences, any act that is ineffective or carries serious risk. Professional independence, however, does not authorize the attorney to take on secretly the basic choices of the client about the client's own right. Article 505 TBK sets out the conditions for complying with instructions and for departing from them. [2]

In civil proceedings, the express authority conditions of Article 74 HMK must be separately examined in respect of acts such as settlement, waiver or waiver of recourse to appeal. That a power of attorney contains special authority and that the client has been sufficiently informed of a concrete option are different questions. The existence of power of representation in external dealings does not mean unlimited freedom of decision in internal dealings under all conditions. [2, 4]

On the other hand, it cannot be said that a fresh and separate approval is required for every petition. The scope of the work undertaken, the existing instruction, the nature of the act and the power of representation are assessed together. In respect of material changes of choice, waivers that may cause loss of rights, and significant financial burdens, the recording of explanation and instruction is especially important. The client's silence should not be interpreted as a voluntary waiver or as approval of every act.

Where the client cannot be reached, the exception under Article 505 TBK is separately assessed: there must be no opportunity to obtain permission, and it must be clear that the client would consent if they knew the position. These conditions do not give the attorney unrestricted freedom to depart from an instruction in every case. Contact attempts, urgency and the reason for the measure taken should be recorded. The failure of the client to send a requested document or to communicate a necessary decision in time may also matter in a later assessment of responsibility; but it does not remove the attorney's own duty of follow-up and warning. [2]

What does a written instruction prove?

A written record should not be drawn up merely to collect a signature. The record should show which options were explained, which risk was stated and which preference the client made. A general sentence such as "I accept everything" does not replace concrete and intelligible disclosure. Sending an accurate summary after an oral meeting, and obtaining confirmation where necessary, reduces the likelihood of a dispute.

The decision of the TBB Disciplinary Board of 23.12.2023, E. 2023/990, K. 2023/1085 shows the importance of this distinction. In a case where the action was treated as not having been brought because the necessary explanatory petition was not submitted within the peremptory period, the attorney relied, after rejection, on the client's oral instruction to wait and not to bring the action again. The file contained no record supporting this defence, and contradictions in the explanations were assessed; a breach of the duty of care was accepted. Because no objection was raised against it, the Board affirmed the sanction of a warning. [5]

The decision does not say that all oral instructions are invalid. The lesson to be drawn is the importance for an attorney who bases the non-performance of an important act on the client's choice to be able to document the disclosure and the instruction reliably. Moreover, the disciplinary provisions of the period in which the decision was given and the sanction regime in force today must not be confused.

How should accounts be rendered for collections, expenses and attorney's fees?

Explaining money movements

Where money is collected on behalf of the client, it is not enough to say "the payment has arrived." The date and amount of the collection, the receivables to which it relates, the assessment of expenses and fees, and the amount to be transferred to the client must be explained. Article 508 TBK sets out the duty of accounting and the obligation to deliver what has been received; Articles 42 and 43 of the TBB Professional Rules govern the use of advances, periodic explanation, and notifying and handing over the client's assets without delay. [2, 3]

The contractually agreed attorney's fee, the opposing party's attorney fee award made on the basis of the tariff, the client's principal receivable and the refunds of expenses are not the same legal item. Article 164 of the Attorneyship Law contains a special provision on the attorney fee award to be borne by the opposing party. The account statement should show the different items separately and should explain on what legal ground each amount is separated. [1]

Issuing a tax document and rendering account to the client are not substitutes for one another. A receipt may document the relevant collection; but on its own it may not explain all the incoming and outgoing sums in the file, an unspent advance or the balance to be refunded. Bank records, expense documents, the basis of the fee and the account statement must be consistent with one another.

Delay in handing over money that must be delivered does not remain a mere communication problem. Article 508(2) TBK provides that an agent who delays handing over money must also pay interest on the amount delayed. The amount to be delivered and the date on which it should be delivered, and whether a valid right of retention exists, must be made concrete; a contested or not yet arisen fee is not an automatic explanation for every delay. [2]

This table is not a fee tariff, a tax calculation or a proposal for a deduction to be applied in every file. In the example, the tax total on the fee item is assumed to have been determined in accordance with the relevant relationship; the opposing party's attorney fee award, interest apportionment and other claims are not taken into account. In a real file, the attribution, due date and basis for any set-off or retention of each item must be examined separately. Merely showing a contested fee in a table does not make the deduction lawful.

Does the right of retention remove the duty to inform?

Article 166 of the Attorneyship Law limits the attorney's right of retention over money and other assets belonging to the client to the proportion of the attorney's claim for fees and expenses. It cannot be concluded that any money belonging to the client may be kept indefinitely without explaining how much is owed. Article 39 of the Attorneyship Law, concerning the return of documents, must also be separately assessed. Using the same term for documents, money and other assets does not mean that all conditions are identical. [1]

The legal nature of the right of retention is debated in scholarship. Cumalıoğlu, Kalkancı and Öbek criticise certain Court of Cassation assessments by examining, in particular for money, the relationship with the rules on set-off and the nature of retaining documents. This view cannot be presented as undisputed practice. Nevertheless, whatever legal characterisation resolves the dispute, the need to explain the money received and the fee claimed cannot be disregarded. [11]

The decision of the TBB Disciplinary Board of 08.06.2024, E. 2024/389, K. 2024/420 assessed the non-payment of money collected on behalf of a client and a fee defence raised in respect of it. The Board drew attention to the need for the right of retention to be exercised only within the limits of the fee and expenses, and to the duty to render account; in the concrete case it affirmed a sanction of dismissal from the profession for three months. A payment made years later did not automatically remove the disciplinary assessment of the event. [6]

The decision should not be read as meaning that every account dispute today will produce the same sanction. The date of the act, its elements and the applicable legislation are important. The main lesson in practice is clear: asserting a fee claim is not a justification for leaving the client's account unclear. Where a fee or account dispute arises, explanation should still be given, undisputed items should be identified, and the limits of the legal right to be exercised must be observed.

How are confidentiality and personal data protected in the provision of information?

To whom may information be given?

A request for information by the client's spouse, a relative or a person paying the attorney's fee does not, by itself, confer authority to learn the whole file. The identity and authority of the addressee must first be determined. The duty of professional secrecy under Article 36 of the Attorneyship Law and Article 37 of the TBB Professional Rules remains important even after the relationship has ended. [1, 3]

In corporate clients, the representative, the authorised manager and the employee authorised to receive information may be distinct. An employee's use of a company email address does not mean that they may access every dispute. The scope of the authorisation, changes of role and the possibility of a conflict of interest should be monitored. For minors, persons with restricted capacity and representatives, the concrete representation relationship and the special rules must be assessed.

Confidentiality cannot be turned into a general justification for not giving the client any information. However, where the file contains third-party data, decisions restricting access or special procedural provisions, the scope of disclosure is determined accordingly. The essential principle is to deliver information that can lawfully be disclosed to the appropriate addressee, in the necessary scope and by a secure means.

Email, messaging and artificial intelligence tools

Transmitting file information by a messaging application is neither prohibited in every case nor deemed safe in every case. Issues such as sending to the wrong recipient, a shared device, an open notification screen, backups and transfer of data abroad should be assessed. Where special categories of personal data are involved, such as health information and data relating to criminal convictions, the conditions in Article 6 of the Personal Data Protection Law (KVKK) are also of particular importance. [7]

Legal explanation about a file and the processing of personal data under Article 10 of the KVKK are separate obligations. Performing one does not automatically complete the other. For the reason, purpose, sharing and security of processing data, the relevant provisions, in particular Articles 4, 5, 9 and 12 of the KVKK, must be observed. Asking for a general explicit consent for every operation does not solve all the problems either. [7]

When AI-supported tools are used, real file information should not be transferred to the system without control. The processing conditions, the service's data use, the transfer arrangements and the security features should be examined; where necessary, data should be reduced or anonymised. The attorney must check that a generated summary does not contain a wrong person, date, amount or legal consequence. Technology may facilitate the work of informing; it does not take over professional judgment and responsibility. [7, 8]

How is it proved that information was given?

A meeting having taken place does not by itself show what was said in it. A telephone call record shows an attempt at communication; an email that was sent shows the content of the explanation; a confirmation message may show that the addressee received a particular piece of information. However, the probative value of each record is assessed by reference to its authenticity, integrity and relation to the concrete dispute.

Under Article 199 HMK, electronic data may have the character of a document. This does not mean that every screenshot is conclusive evidence. Whose the message is, the date on which it was sent, the whole of the exchange and whether it has been altered afterwards may all be disputed. It is important that the original message thread, the attachments and the relevant technical records are preserved lawfully. [4]

As regards the burden of proof, the general principle in Article 190 HMK and the legal character of the dispute must be considered together. The client's assertion that they suffered loss does not, in every case, remove the need to prove the loss and the causal link. The attorney's defence that they made the necessary disclosure or that they did not carry out the act on the client's instruction must also be supported by concrete records. Article 112 TBK separately regulates liability for breach of obligation and proof of absence of fault. [2, 4]

Article 52 of the Attorneyship Law governs keeping files; Article 53 governs recording, in minutes, meetings that are considered necessary. In particular, a record structure covering settlement, important risk notices, choice of recourse to appeal and change of responsibility makes clear what was done when the matter is later disputed. Information records should be kept not to produce after-the-fact documents that are retrospectively false, but to preserve the facts as they arose while the work was being done. [1]

Secret recording cannot be recommended as a general office method. A clear, lawful and purpose-limited recording arrangement should be set up. Where it appears that the client signed a text without reading it, one should not be content with the mere existence of a signature, but should try to ensure that the explanation was genuinely understood.

What consequences may a breach of the duty to inform have?

The current disciplinary provisions

The disciplinary provisions of the Attorneyship Law were amended by Law No. 7571 of 24.12.2025; the amendment was published in the Official Gazette of 25.12.2025. Under the current Article 135(2)(l), failing to inform the client of the stages of the action or of the matter in a way that defeats the exercise of a right granted by law is among the situations that require a reprimand. Causing loss of rights through a failure of care, and failing to deliver the client's assets in breach of the limits of the right of retention, are also separately provided for in the same article. [1]

For this reason, the issue cannot be treated merely as a question of courtesy or customer satisfaction. However, every late reply or unanswered call does not automatically fall within Article 135(2)(l). The importance of the information, its relationship to the exercise of the right, the effect of the delay, the elements of the act and other applicable provisions must be examined. Articles 136 and the rules applicable in time are also taken into account in determining the disciplinary sanction. [1]

The TBB decisions from 2023 and 2024 examined above show the professional assessment of concrete conduct. It is not correct to carry the sanctions of those earlier decisions automatically into the new statutory period. Equally, the new provision cannot be applied to every act committed in the past without any assessment of time.

Damages, fees and criminal liability

For legal liability, the breach of duty, loss and an appropriate causal link must be made concrete; on fault, Article 112 TBK is applied. The mere fact of losing the action does not prove the attorney's fault. On the other hand, in an allegation that a time limit for an application was missed, the legal outcome that could have been obtained had the act been carried out in time is assessed together with the loss. Not every procedural error automatically produces damages equal to the full amount of the claim in the action. [2]

Where the employment relationship ends because information was not given, the consequences for the fee are separately examined. Article 174 of the Attorneyship Law regulates dismissal and the fee consequences of the attorney giving up the work. Dismissal based on the attorney's fault or negligence and unjustified dismissal do not produce the same consequences. The client's saying only "I am not satisfied" or the attorney's saying only "there is a contract" does not resolve the whole dispute; the facts, the contract, the work carried out and the reason for termination are assessed together. [1]

Not every communication failure is a crime. Criminal liability can be assessed only where the elements of the relevant offence are present and the procedural conditions are observed. A professional complaint, a claim for money and an allegation of a crime must not be used interchangeably; the legal character of the event must be made concrete.

Which time limit and which route of application matter?

For contract-based damages claims against the attorney, the special provision in Article 40 of the Attorneyship Law should not be overlooked. The article provides for a period of one year from the date the existence of the right is learned and, in any event, five years from the event giving rise to the loss. The general five-year provision for claims arising from the mandate relationship under Article 147(5) TBK cannot be substituted for the special provision for all claims. The nature of the claim (damages, fee or another receivable) and the starting event must be determined separately. [1, 2]

The competent authority is also not automatically the same in every event. In consumer transactions, where the legal service was obtained for a non-commercial and non-professional purpose, the scope of Law No. 6502 is assessed, the monetary limit of the consumer arbitration committee on the date of application and the competence of the consumer court. In disputes before the consumer court, mandatory mediation as a condition precedent to litigation under Article 73/A and the exceptions in the Law are observed; disputes falling within the arbitration committee's field are among the exceptions to that condition. [12]

Where the work has been taken on for commercial or professional purposes, recourse directly to the consumer route is not possible; the general or special jurisdiction and conditions to proceed are separately examined according to the nature of the relationship. In deciding where to apply, it is not enough to look only at the heading "attorney's engagement agreement" or at a party's professional title. These distinctions are important: choosing the wrong route does not entitle a party to assume that the time limit in the main file, or the time limit for a damages claim, has stopped running.

What can a client who cannot obtain information from their attorney do?

The first step is, where possible, to make the request concrete. Instead of asking "what has happened to my file?", the client may request an explanation of the most recent step, the time limits that are running, the applications made, the documents currently held and the money movements. If an earlier explanation has already been sent, the client should state which part was not understood. A written request both organises the communication and makes it possible later to see what was requested.

A hypothetical request for information may be framed as follows: "I ask you to notify me in writing of the current stage of my file, the most recent step taken, the time limits that are running, and the document or decision expected from me. I also ask you to share, if any collection has been made on my behalf, the amount, the fee and expense account and the balance to be transferred." This example should be adapted to the urgency of the concrete file.

Where a near time limit or a risk of irreparable loss of rights exists, that risk must be protected first. To the extent the client can access the file, they may review the existing records and obtain an independent legal assessment. If a change of attorney is being considered, it should be clarified how the representation, service of notices, transfer of the file and time limits will continue. Preparing a complaint alone does not replace the pursuit of the principal file.

For disciplinary purposes, the complaint may be submitted to the bar with which the attorney is registered, with the dates of the events and the existing documents. A bar complaint does not automatically suspend the time limits for the trial, does not restart a missed time limit, and does not automatically secure damages or a refund of the fee for the client. Monetary claims and other legal routes are assessed separately. Limiting the allegations to facts both facilitates the examination of the application and avoids unnecessary personal conflict.

Does the duty to inform end when the work ends?

Completion of the work does not make the final account and the arrangements for documents unnecessary. The acts completed, whether an application or follow-up remains available, advances received but not used, collections and documents to be delivered should all be explained. A statement that "the file is closed" is not sufficiently clear if it does not show which work has been closed. The end of the court file and the completion of a collection do not always coincide.

Attention must be paid to the difference in periods when an attorney withdraws. Article 41 of the Attorneyship Law provides that the attorney's mandate continues for fifteen days from the notification of the withdrawal to the client. In civil proceedings, Article 82 of the Code of Civil Procedure provides that the authority of an attorney who resigns continues for two weeks from the notification of the resignation to the client. These two periods are not synonyms; no step should be taken on the basis of a single period without determining the relevant proceedings and the applicable special provision. The notice conditions for the court and the opposing party under Article 81 of the Code of Civil Procedure must also be observed. [1, 4]

Under Article 39 of the Attorneyship Law, documents entrusted are kept for three years from the end of the power of representation; where the withdrawal of the documents is notified in writing, the obligation to keep them ends at the end of three months from the notice. The provision in the same article on retaining the documents until fees and expenses are paid must also be taken into account. These periods should not be interpreted as a general permission to destroy every professional and personal data record unconditionally; other grounds for retention and the related obligations are separately assessed. [1, 7]

The transfer of documents should be carried out by inventory of originals and copies, and approaching time limits should be separately indicated. In assignments such as legal aid and compulsory defence, special rules on duties and withdrawal apply. The fact that the fee is not paid directly by the client does not justify reducing the care required. Under Article 135(2)(g) of the current Attorneyship Law, there is a specific disciplinary provision for failing to perform these assignments as required. [1, 3]

How is a sustainable communication arrangement set up in a law office?

"Write what you do, do what you wrote, and write that you did it." This working principle gives concrete form to the institutionalisation of a law office. The first record makes the completed act visible. The work plan determines what will be done next and who is responsible. A later record shows whether the plan has actually been carried out. Keeping a record does not stand in for the work having been done; the record and the act must continually confirm each other.

For each important development, the file should contain the event, its legal meaning, the person responsible, the final date, the explanation given to the client and the reply expected. Work that awaits a reply should be tracked separately; the sending of a message should not be marked as though the client's decision had been received. The calculation of time limits should not be left to the memory of one person or to a single calendar reminder.

The office employee may arrange appointments, notify that a document has arrived, and forward confirmed status information. Responsibility for assessing legal options, explaining risks and interpreting an essential instruction must be assumed by the attorney responsible for the work. The participation of a trainee or an assisting employee does not remove the attorney's supervision and professional responsibility. Authority and responsibility must not be separated from one another. [1]

Discussions with the opposing party also fall within this arrangement. Under Article 31 of the TBB Professional Rules, in a discussion with an opposing party represented by an attorney, the position of the colleague is taken into account; where the opposing party has no attorney, the discussion is kept within the necessary limits and the client is informed after every discussion. Article 135(1)(p) of the current Attorneyship Law also regulates violations in this field. A discussion should not be presented as though an offer had been accepted or a settlement reached. [1, 3]

When an error is noticed, the records and the real state of the file should first be preserved; legal means that could reduce the continuing risk should be explored. The client must not be kept from knowing about an error that affects them. Where there is a conflict between the attorney's own responsibility in assessing the error and the client's interest, the possibility of an independent legal assessment should not be overlooked. Records corrected later or backdated turn a communication problem into a more serious problem of trust.

Establishing empathy with the client does not require the attorney to remove the limits of their work. An open communication arrangement protects both sides. Make your work visible, understandable and reviewable so that you can trust it. Records of good faith, documentation of the work done and accurate information given on time are the daily expression of professional trust.

Conclusion

The attorney's duty to inform the client is not a courtesy function standing at the edge of legal service. It is necessary so that the client can exercise their rights, give informed instructions, supervise the financial movements and rely on the representation relationship. When the monitoring of the file, explanation, disclosure and accounting are carried out together, legal work becomes intelligible.

A strong professional order rests on: explaining an important development in time; not withholding bad news; researching what one does not know; accounting for money with documents; and tracking the work undertaken by means of a record. This order does not guarantee the outcome of the case. It shows that the attorney takes their responsibility seriously and that decisions about the client's own life are not kept from them.

Returning to the client, listening to them and explaining in a way they can understand is the humane side of the profession. When we lose empathy, not only does our communication weaken; our professional outlook also narrows. It is valuable to trust knowledge and intelligence; but they must be completed by continuous work, honest explanation and accountability. Trust is built in the repetition of these acts.

Frequently Asked Questions

Must the attorney give information without the client asking?

For important developments in the matter, decisions that require a choice, the risk of loss of rights and money collected on the client's behalf, waiting for a request is not enough. The scope and timing of the information are determined by the nature of the concrete work. The regulation of accounting in Article 508 TBK as "upon request" does not remove other duties of care and notice.

Is the attorney obliged to reply to messages within 24 hours?

There is no general 24-hour rule applicable to all attorney work. However, a reply may not be delayed so much that it prevents the client from exercising their right or from making the necessary decision in time. Internal reply periods may be set; urgent matters should be dealt with separately from that routine schedule.

If I can see the file on UYAP, does that replace the attorney's explanation?

No. Being able to access a document is not the same as knowing its legal meaning. The attorney must explain the meaning of an important development in respect of options, time limits and the steps to be taken. Electronic access facilitates this work; it does not complete it on its own.

Must the attorney submit every petition to me for approval in advance?

There is no general rule requiring separate fresh approval for every act. The scope of the work, the existing instruction and the nature of the act are important. Particularly in settlements, waivers and significant changes of choice, the necessary power of representation and concrete information and instruction must be assessed together.

I have not paid the attorney's fee; can I not obtain information about my file?

The debt for the fee and the duty to inform are not the same. The attorney may have legal rights concerning the fee, expenses, documents and the right of retention; but these do not automatically justify cutting off all disclosure. If the relationship is to be ended, the rules on notice, time limits and transfer must also be observed.

May my attorney give information to my spouse or to a relative who pays my fee?

Such persons do not acquire authority to access the whole file merely because of kinship or payment. The client's authorisation, the representation relationship, the scope of disclosure and special provisions must be assessed. Sharing sensitive file information without checking identity and authority may create a confidentiality problem.

Does a WhatsApp message prove that information was given?

Messages may be assessed as documents in a dispute. However, a single screenshot is not in every case conclusive and indisputable proof. The sender, the content, the date, the whole conversation and the reliability of the records are important. The delivery of a message does not always show that its content was understood or that approval was given to an instruction.

May the attorney automatically deduct the fee from money collected?

The basis, amount and due date of the fee, and the conditions for any retention or set-off, must be examined. Money belonging to the client may not be held without explanation and without limit. Collections, fee and expense items and the balance to be transferred should be shown separately; disputed items should not be left unclear.

Does the attorney's failure to reply entitle me to a refund of the whole fee?

A single communication failure does not automatically produce a refund of the whole fee. The gravity of the breach, the status of the work, the reason for termination, fault or negligence, and Article 174 of the Attorneyship Law are assessed together. Justified and unjustified dismissal have different fee consequences.

If I complain to the bar, does the time limit for my action stop?

No. A disciplinary complaint to the bar does not automatically stop the time limits for procedural acts or appeal in the principal file. A refund of damages or the fee is not automatically secured by this application either. The approaching time limit and the need for representation should be protected first; other routes of application should be assessed separately.

Is there always a five-year time limit for a damages claim against an attorney?

No. For a damages claim based on contract, Article 40 of the Attorneyship Law provides for one year from the date the existence of the right is learned and, in any event, five years from the event causing the damage. The nature of the claim and the starting event must be determined; reliance on the general time limit for the mandate relationship alone should not be placed.

Does all the attorney's responsibility end on the day they withdraw from the file?

No. The notice of withdrawal, the continuing period, the transfer of the file and the duties to account are assessed. The fifteen days under Article 41 of the Attorneyship Law and the two weeks under Article 82 of the Code of Civil Procedure must be kept separate. The end of the work does not make an account of past acts and of the client's assets unnecessary.

Sources

[1] Attorneyship Law No. 1136 (Avukatlık Kanunu), in particular Arts. 34, 36–41, 52–53, 135–136, 164, 166, 171, 173–175, with the consolidated text reflecting the amendments of Law No. 7571. Union of Turkish Bar Associations, text of the law.

[2] Turkish Code of Obligations No. 6098, in particular Arts. 112, 147/5, 502, 505–508. Mevzuat Bilgi Sistemi – text of the law.

[3] Professional Rules of the Union of Turkish Bar Associations (TBB), in particular Arts. 31, 34, 37, 38, 42, 43, 45 and 46; current text of 2024. TBB – Professional Rules.

[4] Code of Civil Procedure No. 6100, in particular Arts. 74, 81–82, 190 and 199. Mevzuat Bilgi Sistemi – text of the law.

[5] TBB Disciplinary Board, 23.12.2023, E. 2023/990, K. 2023/1085. Full text of the decision.

[6] TBB Disciplinary Board, 08.06.2024, E. 2024/389, K. 2024/420. Full text of the decision.

[7] Law No. 6698 on the Protection of Personal Data, in particular Arts. 4–6, 9–10 and 12. Mevzuat Bilgi Sistemi – text of the law.

[8] Personal Data Protection Authority (Kişisel Verileri Koruma Kurumu), Practice Guide on the Protection of Personal Data in the Professional Activities of Attorneys (Avukatların Mesleki Faaliyetlerinde Kişisel Verilerin Korunmasına İlişkin Uygulama Rehberi), KVKK Publications No. 115, Ankara, July 2026; in particular pp. 120–121 on generative artificial intelligence and data transfer. Guide published by the Authority.

[9] Ordu, Ayten, "The Attorney's Duty to Inform the Client under Turkish, Turkish Republic of Northern Cyprus and English Law" (Türk, Kuzey Kıbrıs Türk ve İngiliz Hukuku’nda Avukatın Müvekkile Bilgi Verme Yükümlülüğü), Dicle University Law Faculty Journal, Vol. 25, No. 43, 2020, pp. 357–381. Article.

[10] Köse, Yasin, "The Attorney's Duty of Disclosure" (Avukatın Aydınlatma Yükümlülüğü), Turkish Justice Academy Journal, Vol. 12, No. 45, January 2021, pp. 29–52. Article.

[11] Cumalıoğlu, Emre; Kalkancı, Yasemin; Öbek, Sena, "A Critique of Court of Cassation Decisions on the Attorney's Right of Retention" (Avukatın Hapis Hakkına İlişkin Yargıtay Kararlarının Eleştirisi), Türkiye Barolar Birliği Dergisi, No. 175, 2024, pp. 303–358. Article.

[12] Law No. 6502 on Consumer Protection, in particular Arts. 3, 68, 73 and 73/A. Mevzuat Bilgi Sistemi – text of the law.