One of the most important features of the rule of law is the right of defense being on the forefront. The right of defense is revealed as an indicator of right of being judged fairly. In this context, the lawyer is accepted as the security of freedom of looking for rights.
The profession of advocacy is based on the Advocacy Law No. 1136. In the second paragraph of the 1st title of the Advocacy Law No. 1136, it is emphasized that the lawyer presents independent defense, which is one of the founding factors of judge, freely.
Advocacy is defined as a free profession at one side, and it is accepted as a public service at the other side.
Advocacy is not only a defense, but also a profession of legal remedies.
It is consistent of three main factors as judgement activity (assertion), defense and provision. If one of them is not present, it means that one of three feet of judgement is missing. Here, the lawyer is the founder factor of the judiciary.
The lawyer presents the client starting from the beginning of investigation or dispute until execution of enforcement or right.
The lawyer uses its legal information and experience for contribution to execution of law.
At law judgement, knowledge and skill of the lawyer is of great importance as the cases are mainly based on claim, defense and evidences. Even if it is justified at base, the case, accordingly the right, may be lost if the necessary information or evidence are not given timely or given untimely.
In criminal judgement, ex officio research principle is applied and the function of lawyer in execution of judgement is proportional to the value added by him/her to the case.
As it is not possible for a judge to know legislation and execution completely, it is impossible for a lawyer to know all kinds of cases in the same level. For reaching the contribution to justice to the top level by knowing the issues completely, it is beneficial for a lawyer to be expert in certain cases. For instance, it is known that there are criminal lawyers, best criminal lawyers, execution lawyers etc.
Let`s take criminal lawyer as an example. What does it mean to be a criminal lawyer? Let`s look for the answer of this question.
As with all areas, expertise is beneficial in advocacy too. There are criminal lawyers, family lawyers, execution lawyers, as there are eye specialists, dermatologists etc. although all of them are doctors.
In consideration of the example, criminal lawyer means that the related lawyer has more knowledge of the criminal cases, no matter if he/she worked as lawyer for a long time, he/she worked as judge/prosecutor, he/she completed master`s degree or another academic study or he/she improved with his/her special effort. Indeed, many lawyers who deem themselves as criminal lawyers see themselves insufficient in legal cases and they do not take these cases. In the public, when criminal lawyer is considered, it is understood that the related lawyer is improved in criminal cases. It is understood that he/she emphasizes on criminal cases.
As in appeal cases made in Supreme Courts of some countries, advocacy quality may relatively increase if lawyers who has a certain level or other qualifications.
The quality to be added to the judgement by creation of expertise areas such as criminal lawyer, heavy criminal lawyer, family lawyer, execution lawyer etc. instead of best lawyer, good lawyer, best criminal lawyer, most famous lawyer, most famous criminal lawyer is opened for discussion.
30.11.2014
Lawyer Mehmet Istanbullu