Avukatlık mesleki sorumluluk sigortası
Mahmutoğulları, Serhal Nur
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The profession of law is an important mediator between the justice and the individual in terms of representing defense as a part of fair hearing and providing individuals to use their constitutional rights and liberties. If the lawyer causes any damage to his client or the person whom he renders a legal advice, he is confronted with action for damages. The insurance company liberates the lawyer from this liability. In the study, firstly, the place, the principles and field of application of liability insurance in the Turkish insurance law are examined. Especially there have been considerations about the application of theories that are associated with the determination of realization moment of the risk on professional liability insurance. The definition of the profession of law, the effects of the professional obligations to liability and the relationship between liability and the 'contract and tort relation' were introduced. The subject is also researched in terms of advocacy partnership with the changes that are made in the Law of Advocates which took its place in our country but which is hardly seen in enforcement.It would be useful to make lawful arrangements as soon as possible to make lawyers have the compulsory liability insurance in the beginning of their profession due to the possible compensation threats that can be caused from act of omission. To prevent the lawyer from tending to careless acts some arrangements can be done with precautions like; leaving some portion of the risk on the lawyer, in case of existing any disciplinary action premiums can be hold higher or making the lawyer to show reports to the bar or the insurance company about his professional acts in specific periods.