Statutory Attorney Fee

The statutory attorney fee is awarded in favour of the winning party represented by a lawyer and paid by the losing party. It is part of litigation costs and determined under the Attorneys’ Minimum Fee Tariff prepared by the Union of Turkish Bar Associations.

The Tariff

The 2025-2026 Attorneys’ Minimum Fee Tariff was published in the Official Gazette on 4 November 2025. Since the tariff is reset each year, the tariff in force on the date of the decision is applied.

Calculation

• Proportional fee: In cases about money or claims that can be valued in money, graduated rates in Part Three of the tariff are applied to the amount accepted or rejected. The rate falls as the value increases.
• Fixed fee: In non-monetary cases, fixed amounts set in Part Two of the tariff by type of court apply.
• Minimum: The proportional fee cannot be lower than the fixed fee for the relevant court.
• Partial success: If a claim is partly accepted, separate fees are awarded in favour of each party on the accepted and rejected parts.

Who Is It Paid To?

Under the Attorneys’ Law, the attorney fee awarded against the other party belongs to the lawyer. It is separate from, and does not replace, the fee agreed between the client and its lawyer.

Mediation and Settlement

• In mandatory mediation, no attorney fee is awarded in favour of a party who failed to attend the first meeting without a valid excuse.
• In a court settlement, the parties may freely regulate attorney fees.
• If agreement is reached in mediation, the tariff’s provisions on mediation apply.

Strategy

In high-value cases, the statutory attorney fee can be significant. In a case likely to be lost, this risk affects the decision to sue or settle. Attorney fees under the tariff also arise in enforcement proceedings.