Prohibition of advertising in advocacy law

Advertising is an activity which is done to publicise goods and services. Advertising activity of an advocate is prohibited in Turkey. Advocate?s prohibition of advertising is regulated in article 55 of Code of Advocacy, article 7, 8 and 40 of Code of Legal Profession made by Turkey Association of Bars. In addition to that, there is a Regulation of Advertising Prohibition based on Article 55 of Advocacy Code and made by Turkey Association of Bars. When history of advocacy is researched, it is not possible to find a legal regulation directly related with advertising of an advocate till last a few centuries. Since 19th century advocacy has institutionalized and competition between advocates has increased. As economic system transformed, institution of advocacy transformed in the world. An advocate wanted to express himself/herself via various means because of the fact that technology developed and competition between advocated increased. Advocates began to challenge rules preventing advertising. Advocacy which has been regarded as a public service and not been regarded as an ordinary self-employment, is regarded as commercial activivity. Advertising has been regarded as a right and element of an advocate?s freedom of expression. Restriction of advertising became an exception. This consideration found in Anglo-Saxon Law System effected advocacy consideration in civil law system. Advertising activity of an advocate is permitted under certain circumstances in several countries adopting civil law system.Prohibition of advertising has been argued also in Turkey. As decisions of disciplinary committees are researched, it is seen that decisions about prohibiton of advertising take an important place in whole decisions of disciplinary committees. In addition to the fact that prohibition of advertising is argued, it is argued that this regulation must be preserved but minimized. Common ground of both argument is that this regulation does not satisfy. This regulation must be revised and regulation to that advocates are willing to obey, which is proper for circumstances of nowadays and needs of advocates and which is real must be made. Keywords: Advertising, Prohibition of Advertising, Code of Practice, Public Service, Title of Advocacy.