Abstract:

Whether an attorney agreement can be considered a consumer transaction or not has been an open question in our law for some time. The answer to this question is sought especially in terms of the appointment of the court in charge in disputes arising from the attorney agreement, and therefore whether the application to the mediator is a condition of litigation. However, in cases where the attorney agreement has the characteristics of a consumer transaction/contract, it should be taken into account that evaluation should be made according to the specific provisions of the consumer law instead of the general provisions. In this context, in our study, first of all, it will be examined in which cases an attorney agreement can be referred to as a consumer transaction/contract. Afterward, the applicability of the provisions of the Consumer Protection Law No. 6502 on unfair terms, defective service and distance contracts in terms of attorneyship contracts and the legal consequences of this will be evaluated.

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