Newsletter-21

145 COMPETITION LAW the rights of the defence may be preserved to the fullest extent. With respect to the second condition, such written communications must be made with an ‘independent’ lawyer who is not bound to the client by a relationship of employment . Protection and Confidentiality of Information and Documents based on the Professional Relationship between Lawyer and Client under the Turkish Legal System There are certain regulations under the Turkish legal system with respect to the protection and confidentiality of information and documents based on the professional relationship between lawyer and client. One of these is introduced by Code of Criminal Procedure No. 5271 (“Code No. 5271”). Pursuant to Art. 130/2 of Code No. 5271, “If the attorney, whose office is searched, or the president of Bar, or the attorney representing him, objects to the search in respect to the items to be seized, at the end of the search, by alleging that those items are related to the professional relationship between the attorney and his client, then those items shall be placed in a separate envelope or a package and be sealed by the present individuals and, in the investiga- tion phase, the judge of peace in criminal matters, or the judge or the Court in the prosecution phase, will render the necessary decision on this matter.” Additionally, as per Art. 36 of Attorneyship Law No. 1136, “ At- torneys are prohibited from disclosing information that has been entrusted to them, or that come to light in the course of performing their duties, both as attorneys, and as members of the Union of Bar Associations of Turkey and various bodies of bar associations.” In accordance with the above-stated provisions of Attorneyship Law No. 1136 and Code No. 5271, whether or not there is an ultimate protection granted to the lawyer-client relationship is under discussion. Also, the distinction made between lawyer and ‘independent’ lawyer in the above-mentioned decisions is another issue to be discussed.