A lawyer in Ankara initiated enforcement proceedings against his client alleging that he did not pay his attorney’s fee. This person also filed a lawsuit to determine that he was not in debt. In the expert examination, it was stated that there was no written wage agreement between the parties. Thereupon, the local court decided to dismiss the case. As a result of the appeal, the matter was moved to the Supreme Court.
Evaluating the file, the Court of Cassation stated that in the electronic correspondence sent by the lawyer to his client, a breakdown of the lawsuit to be filed with the SGK was made, the costs were listed one by one, and the attorney’s fee of 8 thousand TL was requested.
According to the news of Türkiye Newspaper, the Chamber, which considers the failure to evaluate the correspondence in question as an incomplete examination, overturned the court’s decision. The Chamber drew attention to the fact that while it should be decided whether the plaintiff is in debt or not, it is against the procedure and the law to reject the case in writing with incomplete examination.
He also stated that the correspondence made via e-mail and social media is of the nature of evidence.