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Turkey Attorney Fee Schedule *2025 – Atty. Ozan Soylu
The Minimum Fee Schedule for Attorneys determined by the Union of Turkish Bar Associations (TBB) for 2024-2025 came into effect when it was published in the Official Gazette on October 3, 2024. This new schedule aims to adjust the value of legal services to current economic conditions. The changes in the schedule closely affect both attorneys and citizens receiving legal services.
The most notable feature of the new schedule is that it provides an average 55.06% increase in fixed fees. This increase was determined by considering the economic developments and inflation rates experienced in the past year.
The minimum fee schedule determined for the legal profession for 2025 is as follows:
PART ONE
CHAPTER ONE: Fees Payable for Legal Assistance Outside of Litigation and Enforcement Proceedings
- Office consultation is charged at 3,500 TL for the first hour, with each subsequent hour billed at 1,500 TL.
- On-site consultation upon request costs 6,000 TL for the first hour, with each additional hour priced at 3,000 TL.
- Written consultation services are billed at 6,000 TL for the first hour, followed by 3,000 TL for each subsequent hour.
- The fee for drafting all types of petitions, notifications, warnings, and protests is set at 4,500 TL.
- For preparation of contracts and similar documents:
- Lease agreements and similar documents are charged at 6,000 TL
- Preparation of bylaws, regulations, inheritance contracts, wills, foundation deeds and similar documents costs 24,000 TL
- Company articles of association, company mergers and acquisitions, and other commercial contracts are priced at 16,000 TL
CHAPTER TWO: Fees Payable for Legal Assistance in Business Follow-up
- For following up matters such as documentation of a situation, collection of payment-stage money, or obtaining copies of documents, the fee is 5,000 TL.
- For matters related to the creation, determination, registration, transfer, modification, termination or protection of a right, the fee is 9,000 TL. For legal assistance provided to banks, financial institutions and similar entities with ongoing contracts for transactions including mortgage establishment and release, each service costs 2,250 TL.
- Following up matters such as signing company establishment contracts for corporate merchants, obtaining and transferring licenses and concessions related to their work areas, and acceptance into Turkish citizenship is charged at 45,000 TL.
- Matters followed at tax reconciliation commissions are billed at 18,000 TL.
- For matters followed in international courts:
- Without hearing: 80,000 TL
- With hearing: 150,000 TL
- For matters involving money, fees are determined according to Part Three of the Tariff
CHAPTER THREE: Monthly Fees Payable to Mandatory Contracted Attorneys Under Article 35 of Law No. 1136
- Building cooperatives are charged 19,200 TL
- Corporations are charged 32,000 TL
CHAPTER FOUR
- Monthly Attorney Fee Payable by Private Individuals and Legal Entities to Their Contracted Attorneys: 25,000 TL
- Monthly Attorney Fee Payable by Public Institutions and Organizations to Their Contracted Attorneys: 25,000 TL
PART TWO
CHAPTER ONE: Fees Payable for Legal Assistance in Courts, Enforcement and Bankruptcy Offices
- For matters such as provisional attachment, interim injunction, determination of evidence, postponement of enforcement, determination of payment and deposit location (when not part of an ongoing lawsuit):
- Without hearing: 7,500 TL
- With hearing: 9,500 TL
- Following up proceedings at the sales office for dissolution of partnership: 12,500 TL
- Partnership dissolution and division lawsuits: 28,500 TL
- For cases and matters followed in Tax Courts:
- Without hearing: 18,000 TL
- With hearing: 36,000 TL
- Credit installment or interest adaptation cases in Consumer Courts: 14,000 TL
CHAPTER TWO: Fees Payable for Legal Assistance in Courts and Enforcement and Bankruptcy Offices for Matters Not Involving Money or That Cannot Be Valued in Money
- Proceedings in Enforcement Offices are charged at 6,000 TL
- For matters followed in Enforcement Courts, the fee is 7,000 TL, while cases with hearings are charged at 12,000 TL
- Eviction enforcement proceedings cost 13,500 TL
- Criminal matters followed in Enforcement Courts are billed at 10,000 TL
- Matters arising from opposition to execution of judgments and interim orders regarding child delivery and personal relations with children are charged at 12,000 TL
- For matters followed during criminal investigation phase, the fee is 8,000 TL
- Cases followed in Civil Courts of Peace cost 18,000 TL
- Cases followed in Criminal Courts of Peace and Enforcement Judgeship are charged at 13,500 TL
- Cases followed in Courts of First Instance cost 30,000 TL
- Consumer Court cases are billed at 15,000 TL
- Cases followed in Intellectual and Industrial Property Rights Courts cost 40,000 TL
- High Criminal Court cases are charged at 48,000 TL
- Juvenile Court cases cost 30,000 TL, while Juvenile High Criminal Court cases are 48,000 TL
- Cases followed in Disciplinary Boards pursuant to Military Law are charged at 18,000 TL
- For cases followed in Administrative and Tax Courts:
- Without hearing: 18,000 TL
- With hearing: 36,000 TL
- For matters in Regional Courts of Appeal and Regional Administrative Courts:
- Cases heard at first instance: 25,000 TL
- Matters seen on appeal with one hearing: 16,000 TL
- Matters with multiple hearings or requiring attorney presence: 32,000 TL
- For accounting trials in the Court of Accounts:
- Without hearing: 24,000 TL
- With hearing: 46,500 TL
- Cases heard in the first instance at the Supreme Court: 46,500 TL
- For cases heard in the first instance at the Council of State:
- Without hearing: 28,000 TL
- With hearing: 56,000 TL
- Hearings of cases appealed to the Supreme Court, Council of State and Court of Accounts: 28,000 TL
- Cases at the Court of Jurisdictional Disputes: 30,000 TL
- For cases and proceedings at the Constitutional Court:
- Cases heard as Supreme Criminal Tribunal: 90,000 TL
- Individual application without hearing: 30,000 TL
- Individual application with hearing: 60,000 TL
- Other cases and proceedings: 65,000 TL
PART THREE: Fees Payable for Legal Assistance in Courts and Enforcement and Bankruptcy Offices for Matters Involving Money or That Can Be Valued in Money
2025 Tariff Rates:
- For the first 400,000 TL: 16.00%
- For the next 400,000 TL: 15.00%
- For the next 800,000 TL: 14.00%
- For the next 1,200,000 TL: 11.00%
- For the next 1,600,000 TL: 8.00%
- For the next 2,000,000 TL: 5.00%
- For the next 2,400,000 TL: 3.00%
- For the next 2,800,000 TL: 2.00%
- For amounts above 11,600,000 TL: 1.00%
Frequently Asked Questions About Attorney Fees
What is an attorney fee?
An attorney fee represents the amount or value corresponding to an attorney’s legal assistance. It covers the payment received by the attorney for services provided to their client and may include both long-term work such as litigation and short-term services such as consultation.
How is an attorney fee determined?
Attorney fees can be freely agreed upon between the attorney and the client. However, this fee cannot be less than the amounts and rates specified in the Attorney Minimum Fee Schedule published annually by the Union of Turkish Bar Associations. The fee can be either fixed or determined as a certain percentage of the case value or the value of the judgment.
What is the legal framework for attorney fee agreements?
According to Article 163/I of the Attorneys Act, attorney agreements are freely arranged and must cover specific legal assistance and an amount or value. Unwritten agreements can be proven according to general provisions. Conditional agreements that do not violate the law are valid. These agreements are characterized as contracts that impose obligations on both parties.
What are the legal limitations on attorney fees?
According to Article 164, Paragraph II of the Attorneys Act, attorney fees cannot exceed 25% of the value of the case or judgment or money. Paragraph III of the same article sets a lower limit based on the rates determined in the attorney minimum fee schedule.
Can an attorney take cases pro bono?
Yes, an attorney can take cases pro bono. However, they must notify the Bar Association Board of Directors of this situation. There can be various reasons for taking pro bono cases, such as the client’s financial hardship or being a relative of the attorney.
Must attorney fee agreements be in writing?
No, attorney fee agreements do not have to be in writing. With the amendment brought by Law No. 4667, unwritten agreements can now be proven according to general provisions. However, written agreements are recommended for ease of proof.
What happens if fees are not specified in the agreement?
In cases where fees are not agreed upon or when it is explicitly promised that no fee will be charged, for cases and works whose value can be measured in money, an attorney fee between 10% and 20% of the value of the claim at the time of final judgment is determined based on the attorney’s effort for the winning portion of the case, provided it is not below the minimum fee schedules.
What is the prohibition on participating in case outcomes?
The prohibition on participating in case outcomes forbids attorneys from making agreements where they would own a portion of the disputed property and rights. This prohibition is implemented to protect attorney independence and prevent situations that would damage professional dignity.
What happens if attorney fees are not paid?
If the fee that should be paid to the attorney in advance according to the agreement is not paid, the attorney is not obligated to start work. The client bears all responsibility for any consequences that may arise from this. Additionally, if the attorney is deprived of following up on the work and obtaining results due to non-fulfillment of other payment conditions, the responsibility lies with the client.
How are fees determined in case of attorney dismissal?
In case of attorney dismissal, generally the entire fee is paid. However, if the attorney is dismissed due to fault or negligence, the fee does not need to be paid. In this situation, whether the dismissal is based on justified grounds becomes important.
How are fees determined in case of attorney resignation?
If an attorney abandons the case without just cause, they cannot claim any fees and must return any fees received in advance. However, if they resign with just cause, they are entitled to the fee agreed upon in the fee agreement.
How are attorney fees determined in cases of settlement, release, and waiver of action?
There are no special regulations regarding attorney fees in these cases. Parties can determine the fee through their own agreement. If these situations occur without the attorney’s knowledge, the attorney can claim their fee from their own client.
How are fee rights determined for employed attorneys?
The relationship between an attorney employed by a public institution or private office and their client is not an attorney-client relationship but an employment contract relationship. The attorney is entitled to fees from their institution according to this employment contract.
How are fees determined in cases where the subject cannot be measured in monetary terms?
In cases where the subject cannot be measured in monetary terms, if no fee has been determined between the attorney and client, the fee is determined according to the minimum fee schedule. This situation is criticized as it can lead to injustice in some long-running cases.
Is it possible to determine attorney fees in foreign currency?
Yes, attorney fees can be agreed upon in foreign currency. There are no restrictions on this in the law. However, there are different views on this matter.
Is it possible to determine fees based on success?
Yes, it is possible to determine fees based on success. However, this topic is controversial. Some views argue that success fees could compromise attorney independence and lead to ethical issues, while others maintain that it incentivizes attorneys and does not conflict with professional honor.
Can fees be set below the Attorney Minimum Fee Schedule?
No, fees cannot be set below the Attorney Minimum Fee Schedule. This would be illegal and such an agreement would be considered invalid. However, in practice, there are different approaches regarding the validity of agreements made below the minimum fee schedule.
What is the prohibition on acquiring disputed rights?
The prohibition on acquiring disputed rights forbids attorneys from acquiring disputed rights related to cases they handle or mediating in their acquisition.
This prohibition lasts for one year from the conclusion of the case and aims to protect the attorney’s independence.
How are attorney fees taxed?
Attorneys are obligated to pay VAT on their fees. Even in pro bono cases, VAT must be paid as if fees were received according to the attorney minimum fee schedule. However, income tax payment is not required for pro bono cases.
Can assets be seized if attorney fees are not paid?
Yes, if attorney fees are not paid, the attorney can initiate enforcement proceedings against their client and pursue asset seizure. However, since this situation can damage the attorney-client relationship, it is generally used as a last resort.
What is the statute of limitations for attorney fees?
According to the Turkish Code of Obligations, the statute of limitations for attorney fee claims is 5 years. This period begins from the date when the fee becomes due.
Is an attorney entitled to fees even if the case is lost?
Yes, an attorney is legally entitled to fees whether they win or lose the case. The attorney’s fee is not dependent on the case outcome; it is compensation for their legal assistance.
Who owns the attorney fees imposed on the opposing party?
The attorney fees imposed on the opposing party based on the fee schedule at the end of the case belong to the attorney. These fees cannot be offset or deducted due to the client’s debt, nor can they be seized.
Is advance payment of attorney fees mandatory?
No, advance payment of attorney fees is not mandatory. However, if the fee that should be paid to the attorney in advance according to the agreement is not paid, the attorney is not obligated to start work.
What can be done if attorney fees are excessive?
In case of excessive attorney fees, the client can request the cancellation of the agreement based on the provisions of lesion (excessive benefit). However, since there is no upper limit for fixed fees, each situation should be evaluated within its own circumstances.
How are fees determined when an attorney handles multiple cases?
According to the Attorneys Act, the agreed attorney fee only covers the work the attorney has undertaken. Counterclaims, even if connected or related, and other lawsuits, enforcement proceedings, or any kind of legal assistance are subject to separate fees.
Where are disputes regarding attorney fees resolved?
Disputes regarding attorney fees are resolved in general courts. While bar association arbitration boards were previously authorized in this matter, this authority was given to general courts following the Constitutional Court’s annulment decision.
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