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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.

Quick Answer: Turkish law recognises two distinct attorney fees. The contractual attorney fee, akdi vekalet ücreti, is agreed directly between lawyer and client, generally capped at 25 percent of the value of the case under the Attorneyship Law. The court awarded fee, commonly called the counter attorney fee, karşı vekalet ücreti, is ordered by the court against the losing party and calculated under the Turkish Bar Association's Minimum Attorneyship Fee Tariff, which is revised annually, most recently through the tariff published on 4 November 2025 for the 2025 to 2026 period. Because this tariff changes every year, including the size of its value brackets, figures cited from an earlier year should always be checked against the current published tariff before being relied upon.

1. What Are Attorney Fees?

Attorney fees are the compensation a lawyer receives in return for providing legal services. Under Türkiye's Attorneyship Law, 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, subject to the statutory ceiling described in section 5 below.
  • Court-Awarded Attorney Fee (Karşı Vekalet Ücreti): This is the fee awarded by the court in favour of the winning party, payable by the losing party, calculated according to the Turkish Bar Association's Minimum Attorneyship Fee Tariff.

2. What Is the Counter Attorney Fee?

The counter attorney fee, karşı vekalet ücreti, is a court awarded legal cost in favour 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 that party was 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, applied in graduated brackets as the case value increases.
  • Fixed (Maktu) Fee: A set amount applied when the case value is not monetary or cannot be measured, which also functions as a floor beneath which the relative fee calculation cannot fall.

3. 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. The tariff currently in force was published in the Official Gazette on 4 November 2025 and applies through the 2025 to 2026 period, and it introduced meaningfully larger value brackets than earlier versions of the tariff, alongside a newly added top bracket for very high value cases.

For monetary cases, the relative fee is calculated using a graduated bracket structure: the current tariff applies 16 percent to the first 400,000 Turkish Lira of the case value, 15 percent to the next 400,000 Turkish Lira, and 14 percent to the following bracket, with the percentage continuing to decrease at each subsequent, larger bracket, down to a newly introduced 5 percent rate applicable to the highest value bracket. Because these bracket thresholds and the exact number of tiers are revised each year, and because the calculation is applied cumulatively across each bracket a case value passes through rather than as a single flat percentage of the whole amount, the precise figure for a specific case value should always be confirmed against the currently published tariff rather than an older cited table.

For non-monetary cases, a fixed minimum fee applies, depending on the case type, for example a declaratory or tespit lawsuit, and the applicable court.

This annual revision mechanism exists specifically because litigation costs, and Türkiye's broader price levels, change meaningfully from year to year, and a fixed tariff left unchanged for several years would quickly become disconnected from the actual cost of legal representation. In practice, this means a fee estimate a client received even twelve months earlier, whether from a lawyer, a general article, or their own prior experience, may already understate what a comparable case would cost today, which is one of the more common sources of confusion for both first time litigants and returning clients comparing costs across different years.

These court costs sit alongside other litigation expenses, such as judicial fees and advance payments, that parties may need to budget for.

3.1 Example for Enforcement Cases (İcra Takibi)

In debt collection cases, attorney fees are also calculated using the tariff, subject to a fixed minimum floor for enforcement proceedings under the current tariff. For example, if an enforcement case is filed for 100,000 Turkish Lira, since this falls within the tariff's first bracket, the counter attorney fee would be calculated at 16 percent, resulting in 16,000 Turkish Lira, an amount that comfortably exceeds the fixed minimum floor applicable to enforcement proceedings under the current tariff.

4. Difference Between Contractual and Counter Attorney Fees

While contractual attorney fees are agreed upon between the lawyer and the client, and can be set up to 25 percent of the case value, counter attorney fees are court ordered and paid by the losing party to the winning party's lawyer.

Any agreement where the lawyer acquires a share in the client's property beyond this percentage is not permitted under Turkish law.

5. Who Receives the Counter Attorney Fee?

Even though the counter attorney fee is technically awarded in the court's decision alongside the winning party, under Article 164 of the Attorneyship Law it belongs to the lawyer directly, not to the client. However, there are important procedural rules:

  • The lawyer may collect it in enforcement proceedings on behalf of the client's case file, though the entitlement itself is the lawyer's own.
  • It cannot be seized or offset against the client's other debts, since it is not treated as the client's asset.
  • If not paid voluntarily, it can be enforced through the standard legal collection channels.

6. Special Situations: Multiple Lawyers and Joint Liability

  • Multiple Lawyers: Even if a party has multiple lawyers representing them, only one counter attorney fee is awarded in total.
  • Joint Liability Cases: Where multiple defendants are sued, if the case is dismissed against all of them for the same reason, only one counter attorney fee is awarded; if dismissed against different defendants for different reasons, separate fees can apply for each.

7. Can Attorney Fees Be Waived?

A lawyer cannot waive the counter attorney fee without specific authorisation from the client to do so on the lawyer's behalf, or, more precisely, without the fee holder's own consent, since the fee is considered the lawyer's own statutory right even though it is recorded in the judgment alongside the client's name.

8. Attorney's Right of Retention

If the client does not pay the agreed contractual attorney fee, the lawyer generally has a right of retention over client funds or property that have come into the lawyer's possession in connection with the matter, meaning the lawyer can withhold them until the fee is paid, subject to the specific conditions and limits Turkish law places on this right.

9. Why Are Attorney Fees Important?

Attorney fees protect the winning party from bearing the full financial burden of litigation and help ensure lawyers are fairly compensated for their services, while the annually revised tariff structure is intended to keep minimum fees broadly aligned with economic conditions over time.

For foreign clients unfamiliar with Turkish legal practice, understanding attorney fees is key to navigating disputes, lawsuits, or even pre-litigation negotiations, and to budgeting realistically for a matter's total cost rather than being surprised by a counter fee obligation if the case is lost. The same applies to other engagement costs, such as the cost of a power of attorney, which expatriates often encounter early in a case.

A practical habit worth adopting before any Turkish litigation begins is asking counsel for two separate figures rather than one: the contractual fee the client will owe regardless of outcome, and a realistic estimate of the counter attorney fee exposure if the case is lost, calculated against the current tariff for the specific case value and court involved. Having both figures in hand, rather than only the contractual fee, gives a foreign client a genuinely complete picture of the financial exposure a Turkish lawsuit carries before deciding whether to proceed.

10. Frequently Asked Questions

10.1 What is the difference between an attorney fee and a counter attorney fee?

The attorney fee, akdi vekalet ücreti, is agreed between lawyer and client. The counter attorney fee, karşı vekalet ücreti, is awarded by the court against the losing party.

10.2 Can I negotiate the attorney fee with my lawyer?

Yes, within legal limits, including the 25 percent ceiling on the value of the case, you can negotiate a written fee agreement with your lawyer.

10.3 If I lose the case, do I pay the other party's counter attorney fee?

Yes, the court will order you to pay it if the other party had legal representation, calculated under the current Minimum Attorneyship Fee Tariff.

10.4 Can the counter attorney fee be enforced if the losing party does not pay?

Yes, if unpaid voluntarily, it can be pursued through standard enforcement proceedings.

10.5 Can I claim more than one counter attorney fee if I have multiple lawyers?

No, only one counter attorney fee applies in total, regardless of how many lawyers represented the winning party.

10.6 Does the attorney fee tariff change every year?

Yes. The Minimum Attorneyship Fee Tariff is revised annually, and recent revisions have included meaningfully larger value brackets and an additional bracket at the top end for very high value cases, so figures should always be checked against the currently published tariff.

10.7 Is the counter attorney fee paid to the client or to the lawyer?

Under Article 164 of the Attorneyship Law, it belongs to the lawyer directly, even though it is awarded in the judgment alongside the winning party.

10.8 What happens if multiple defendants are sued and the case is dismissed against all of them?

If dismissed for the same reason, only one counter attorney fee is awarded across all defendants; if dismissed for different reasons specific to each, separate fees can apply.

10.9 Is there a minimum fee for enforcement, icra, proceedings regardless of the case value?

Yes, the current tariff sets a fixed minimum floor for enforcement proceedings, though for most case values above a modest threshold the relative percentage calculation will exceed this floor in any event.

10.10 Can a lawyer refuse to release a client's documents or funds until fees are paid?

Generally yes, through the lawyer's right of retention over funds or property that came into their possession in connection with the matter, subject to the specific conditions Turkish law places on this right.

10.11 Does a self-represented winning party receive a counter attorney fee?

No. The counter attorney fee applies only where the winning party was actually represented by a lawyer.

10.12 Where can I find the exact current tariff figures for my specific case type?

The Turkish Bar Association publishes the current Minimum Attorneyship Fee Tariff in the Official Gazette each year, and a lawyer can confirm the precise figures applicable to your specific case type and value.

10.13 Why did the value brackets in the tariff change so significantly in the recent revision?

The tariff is revised annually to keep pace with changing litigation costs and broader price levels, and the most recent revision widened the value brackets meaningfully and added a new top bracket for very high value cases compared to earlier versions.

10.14 Should I ask my lawyer for a counter fee estimate before starting a case, not just the contractual fee?

Yes. Asking for both the contractual fee you will owe regardless of outcome, and a realistic counter attorney fee estimate if the case is lost, gives a complete picture of your financial exposure before you decide whether to proceed.

11. Need Legal Guidance on Attorney Fees in Türkiye?

At Bayraktar Attorneys, we provide clear advice on all legal fee matters, grounded in the currently applicable tariff rather than outdated figures. Whether you are drafting a fee agreement, facing a dispute, or simply need an explanation of your obligations and rights, we are here to help.

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

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