The Minimum Attorney Fee Schedule, prepared by the Union of Turkish Bar Associations (TBB), has been published in the Official Gazette dated November 3, 2026, and has entered into force. The schedule regulates the principles regarding how attorney fees will be determined for cases heard in courts, enforcement proceedings, mediation activities, arbitration processes, and various legal transactions.
The regulation, prepared within the scope of the Attorneyship Law, will serve as the basis for the minimum limits of fee agreements between attorneys and clients, as well as for the calculation of attorney fees to be imposed on the opposing party by courts.
NO CONTRACTS CAN BE MADE BELOW THE MINIMUM FEE
According to the new schedule, an attorney fee cannot be agreed upon below the minimum attorney fee. Contracts made below the amounts specified in the schedule will be considered as having been determined in accordance with the provisions of the schedule.
In the event that the attorney fee is not determined between the parties or the contract is deemed invalid, courts cannot rule for an amount lower than the fee calculated according to the schedule based on the subject matter of the case. The attorney fee imposed on the opposing party by the court cannot be less than the amount specified in the schedule, nor more than three times that amount.
In determining the fee, the attorney's effort and diligence, the importance and nature of the work, and the duration of the case will be taken into account. In the event that the same legal assistance is carried out by more than one attorney, no more than one attorney fee can be imposed on the opposing party.
The schedule stipulates that an attorney who accepts a case or enforcement proceeding is entitled to the full determined fee regardless of the stage of the work. Work and transactions performed until a final judgment is obtained in cases will be considered within the scope of the fee; no additional fee will be charged for petitions and similar transactions prepared by the attorney.
In the event that the dispute ends before the preliminary examination minutes are signed due to waiver, acceptance, settlement, becoming moot, or for any other reason, half of the fee determined in the schedule will be awarded. In disputes concluded after the signing of the preliminary examination minutes, the full fee will be taken as the basis.
MONETARY LIMITS IN ENFORCEMENT AND MEDIATION
In enforcement and bankruptcy offices, for proceedings involving money or that can be valued in money, the attorney fee will be calculated according to the principles in the relevant section of the schedule. However, for enforcement proceedings where the follow-up amount is up to 78 thousand 125 liras, the fixed fee determined for proceedings conducted in enforcement offices will be applied. The calculated fee cannot exceed the amount finalized in the proceeding.
In the event that the debtor pays the debt within the payment period, three-quarters of the fee determined according to the schedule will be awarded. The fixed fee will also be taken as the basis in enforcement proceedings regarding eviction; if the debt is paid within the payment period, three-quarters of the fee will be applied here as well.
Separate rules have also been determined for mediation processes. Within the scope of mandatory mediation, in disputes involving money, if an agreement is reached, the attorney fee will be one-quarter more than the amount calculated according to the schedule. However, for mediation activities up to 62 thousand 500 liras, one-quarter more than the fixed fee foreseen for mediation works resulting in disagreement will be applied.
The attorney fee calculated in mediation cannot exceed the principal claim. In the event that the process results in disagreement and a lawsuit is filed with the same attorney, the fixed fee paid at the mediation stage will be deducted from the minimum fee calculated for the lawsuit.
The schedule also regulated the calculation methods to be applied in rent determination, eviction, alimony, and non-pecuniary damage cases. In eviction cases, the annual rent amount; in rent determination cases, the annual amount of the determined rent difference; and in alimony cases, the annual amount of the awarded alimony will be taken as the basis.
In criminal cases, if the person participating in the public prosecution is represented by an attorney and a conviction or a decision to defer the announcement of the verdict is rendered at the end of the trial, the fee determined in favor of the participant will be imposed on the defendant. In favor of the defendant who is acquitted and represented by an attorney, a fixed attorney fee will be awarded against the Treasury.
Limits regarding consumer, arbitration, and administrative jurisdiction processes were also included in the schedule. For serial cases, a tiered fee system will be applied according to the number of files: full fee for the first 10 files, 50 percent for the 11th to 50th files, 40 percent for the 51st to 100th files, and 25 percent for files after the 100th file will be taken as the basis.
The regulation also includes fee provisions to be applied in case of bad faith or filing an unjustified lawsuit. Accordingly, a party who files a lawsuit despite having no right or acts in bad faith may be held liable to pay all or part of the attorney fee agreed upon by the opposing party with their attorney, in addition to litigation costs.
News Source: 12punto
