Understanding Attorney Fees and Counter Attorney Fees in Türkiye

Attorney fees are a fundamental part of legal proceedings and an essential topic for anyone involved in litigation in Türkiye. Whether you are hiring a lawyer or are part of a court case, knowing how attorney fees and counter attorney fees work can help you avoid surprises and better manage your legal costs.

At Bayraktar Attorneys, we guide both local and foreign clients through the complex world of legal fees, ensuring full transparency and protecting your rights at every step.

What Are Attorney Fees?

Attorney fees are the compensation a lawyer receives in return for providing legal services. Under Türkiye’s Attorneyship Law No. 1136, there are two main types of attorney fees:

• Contractual Attorney Fee (Akdi Vekalet Ücreti):
  This is the fee agreed between the client and the lawyer, defined in a written (or sometimes oral) agreement, and determined by the parties’ mutual consent.

• Court-Awarded Attorney Fee (Karşı Vekalet Ücreti):
  This is the fee awarded by the court in favor of the winning party, payable by the losing party, calculated according to the Turkish Bar Association’s Minimum Attorneyship Fee Tariff.

What Is the Counter Attorney Fee?

The counter attorney fee (karşı vekalet ücreti) is a court-awarded legal cost in favor of the party who wins the case and has hired a lawyer. The losing party is ordered to pay this fee as part of the court’s decision.

The counter attorney fee serves to partially compensate the winning party’s legal expenses and applies only when the party is represented by a lawyer. If a party is self-represented, no counter attorney fee is awarded.

The fee can be:

• Relative (Nisbi) Fee:
  Calculated as a percentage of the monetary value of the case.

• Fixed (Maktu) Fee:
  A set amount applied when the case value is not monetary or cannot be measured.

How Are Attorney Fees Calculated?

The Turkish Bar Association Minimum Attorneyship Fee Tariff is updated annually and sets out the minimum fees for different types of cases.

Here’s a simple breakdown:

• For monetary cases:

  • First TRY 200,000 → 16%

  • Next TRY 200,000 → 15%

  • Next TRY 400,000 → 14%

  • Next TRY 600,000 → 11%

  • Next TRY 800,000 → 8%

  • Amounts over TRY 2,200,000 → 5%

• For non-monetary cases:

  • A fixed minimum fee applies, depending on the case type (e.g., declaratory or tespit lawsuits).

Example for Enforcement Cases (İcra Takibi)

In debt collection cases, attorney fees are also calculated using the tariff. For example, if an enforcement case is filed for TRY 100,000, the counter attorney fee would be calculated as 16% → TRY 16,000.

Difference Between Contractual and Counter Attorney Fees

While contractual attorney fees are agreed upon between the lawyer and the client (and can be up to 25% of the case value), counter attorney fees are court-ordered and paid by the losing party to the winning party’s lawyer.

Note: Any agreement where the lawyer acquires a share in the client’s property beyond this percentage is not allowed under Turkish law.

Who Receives the Counter Attorney Fee?

Even though the counter attorney fee is technically awarded to the winning party, under Article 164 of the Attorneyship Law, it belongs to the lawyer.

However, there are important procedural rules:

• The lawyer may collect it in enforcement proceedings on behalf of the client.

• It cannot be seized or offset against the client’s other debts.

• If not paid voluntarily, it can be enforced through legal collection channels.

Special Situations: Multiple Lawyers and Joint Liability

• Multiple Lawyers:
  Even if a party has multiple lawyers, only one counter attorney fee is awarded.

• Joint Liability Cases:
  If multiple defendants are sued:

  • If dismissed for the same reason → only one counter attorney fee.

  • If dismissed for different reasons → separate fees for each.

Can Attorney Fees Be Waived?

An attorney cannot waive the counter attorney fee without specific authorization. This is because the fee is considered the lawyer’s own right, even though it appears in the judgment under the client’s name.

Attorney’s Right of Retention

If the client does not pay the agreed contractual attorney fee, the lawyer has a right of retention over client funds or property, meaning they can withhold them until the fee is paid.

Why Are Attorney Fees Important?

Attorney fees protect the winning party from bearing the full financial burden of litigation and ensure lawyers are fairly compensated for their services.

For foreign clients unfamiliar with Turkish legal practice, understanding attorney fees is key to navigating disputes, lawsuits, or even pre-litigation negotiations.

Frequently Asked Questions (FAQs)

1️⃣ What is the difference between attorney fee and counter attorney fee?
Attorney fee = agreed between lawyer and client; counter attorney fee = awarded by court.

2️⃣ Can I negotiate the attorney fee with my lawyer?
Yes, within legal limits, you can negotiate a written fee agreement.

3️⃣ If I lose the case, do I pay the other party’s counter attorney fee?
Yes, the court will order you to pay if the other party had legal representation.

4️⃣ Can the counter attorney fee be enforced?
Yes, if unpaid, it can be subject to enforcement proceedings.

5️⃣ Can I claim more than one counter attorney fee if I have multiple lawyers?
No, only one counter attorney fee applies.

Need Legal Guidance on Attorney Fees in Türkiye?

At Bayraktar Attorneys, we provide clear advice on all legal fee matters. Whether you are drafting a fee agreement, facing a dispute, or simply need an explanation of your obligations and rights, we’re here to help.

📞 Contact us today for a consultation and get expert legal support on your case.